On Monday of this week, Chattooga County Superior Court Judge Kristina Cook Graham issued an order in appeal by a Georgia prison inmate who is serving a conviction for a south Georgia murder.

According to the Atlanta Journal-Constitution, Judge Graham signed an order that says, in essence, she is under the assumption that Hercules Brown — not Devonia Inman, the man convicted of the crime — is the actual killer.

Inman was convicted of the murder of Donna Brown in 1998 at a Taco Bell in Cook County, Georgia.  The killer then stole around $1700 in cash after shooting Brown in the face. On Monday, Inman’s new lawyers produced a Sept. 28, 2000, police report that showed Hercules Brown was arrested for illegal gun and crack cocaine possession outside a supermarket in Adel, less than a mile away from the Taco Bell where Donna Brown was killed. Inside Hercules Brown’s car police found a homemade mask.

Inman has contended for years that he was not the killer.

Judge Graham is giving Inman’s lawyers and state prosecutors time file legal briefs and is expected to rule on the appeal within the coming months.