October 21, 1993 in the Circuit Court of Washington County, Mississippi. On the day of trial, Tucker advised his attorney that he wanted to call his mother and an investigator with the sheriffs department to testify that the person who actually committed the crime was Freginald Hicks, Tuckers brother, rather than Tucker. Tuckers attorney, George T. Kelly, Jr., upon being advised of these witnesses by Tucker, promptly told the assistant district attorney that Tuckers defense would be mistaken identity, requiring the testimony of these newly revealed witnesses. Kelly also showed the prosecutor pictures of Tucker and Hicks that Kelly intended to offer as evidence of their resemblance to each other. The prosecutor then interviewed Tuckers mother before the issue was raised by the State during trial.
