Committee rejects bill that would bar death penalty when only evidence is a single eyewitness

A Georgia House committee on Monday rejected House Bill 682, a measure that would have barred imposition of the death penalty where the only evidence presented was a single eyewitness.

Representative Billy Mitchell, the bill’s sponsor, told the committee the proposal responded to research showing eyewitness testimony can be unreliable and said several other states are considering similar rules. "The imposition of the death penalty cannot be if the only evidence is a single person eyewitness," he said, urging lawmakers to avoid relying solely on a single testimony.

Prosecutors and judges pressed the author and the committee on how the rule would work in practice: who would determine that only one eyewitness existed, whether the bar would preclude use of dying declarations or circumstantial evidence, and what pretrial procedures would resolve disputes. West Georgia DA Randy McGilley said he was not sure how often prosecutors seek death on single‑eyewitness cases and noted important procedural gaps in the bill. "I don't think that's addressed in here at all," he told the committee, asking who would make that determination in practice.

Members also pointed out ordinary court protections — cross‑examination, jury instructions, and existing rules of evidence — and questioned whether the bill as drafted could be read to exclude other forms of evidence. After extended questioning, the committee moved and voted; the chair declared the motion failed and said "Bill fails."