The Innocent Man (44 page)

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Authors: John Grisham

Tags: #General, #Murder, #True Crime, #Social Science, #Criminal Law, #Penology, #Law

BOOK: The Innocent Man
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He held things together for a month or so, then he slowly fell apart. Away from structure and supervision, he began to neglect his medication. He really wanted a cold beer. His hangout became a campus bar called the Deli, the kind of place that attracted hard drinkers and kids from the counterculture.

Ron became a regular, and, as always, he was not a pleasant drunk.

On October 29, 2001, Ron gave his deposition in his lawsuit. The room, at the stenographer’s office in Oklahoma City, was packed with lawyers, all waiting to quiz the man who’d become a celebrity in the area.

After a few preliminary questions, the first defense lawyer asked Ron: “Are you on any type of medication?”

“Yes, I am.”

“And is that medication that a physician has prescribed or directed you to take?”

“A psychiatrist, yes.”

“Do you have either a list, or do you have information as to what medication you are taking today?”

“I know what I’m taking.”

“And what is that?”

“I’m taking Depakote, 250 milligrams, four times a day; Zyprexa, in the evening, once a day; and Wellbutrin one time a day.”

“What do you understand the medication is for?”

“Well, Depakote is for mood swings, and Wellbutrin is for depression, and Zyprexa is for voices and hallucinations.”

“Okay. One of the things that we’re certainly interested in today is the effect that the medication may have on your ability to remember. Does it?”

“Well, I don’t know. You haven’t asked anything for me to remember yet.”

The deposition proceeded for several hours and left him exhausted.

Bill Peterson, as a defendant, filed a motion for summary judgment, a routine legal maneuver designed to get himself removed from the lawsuit.

The plaintiffs claimed that Peterson’s immunity was dissolved when he stepped outside his role of prosecutor and began running the criminal investigation into the murder of Debbie Carter. They alleged two clear examples of evidence fabrication by Peterson.

The first came from Glen Gore’s affidavit, prepared to be used in the civil suit, in which Gore stated that Bill Peterson actually came to his cell in the Pontotoc County jail and threatened him if he didn’t testify against Ron Williamson. Peterson, according to the affidavit, said that Gore had better hope that his fingerprints “did not show up in Debbie Carter’s apartment” and that “he just might be coming after Gore.”

The second instance of creating evidence, again alleged by the plaintiffs, involved the reprinting of Debbie Carter’s palm. Peterson admitted that he met with Jerry Peters, Larry Mullins, and the Ada investigators
in January 1987 to discuss the palm print. Peterson expressed the opinion that he “was at the end of my rope” with regard to the investigation. Peterson suggested that a better print could be obtained some four and a half years after the burial and asked Mullins and Peters to take a second look. The body was then exhumed, the palm reprinted, and the experts suddenly had new opinions.

(Lawyers for Ron and Dennis hired their own fingerprint expert, a Mr. Bill Bailey, who determined that Mullins and Peters arrived at their new conclusions by analyzing different areas of the palm print. Bailey concluded his own analysis by stating that the source of the print on the wall was not Debbie Carter after all.)

The federal judge denied Peterson’s motion for summary judgment, saying, “A legitimate question of fact exists as to whether Peterson, Peters and Mullins, as well as others, engaged in a systematic pattern of fabrication in order to obtain the conviction of Williamson and Fritz.”

The judge went on to say:

In this case, the circumstantial evidence indicates a concerted pattern by the various investigators and Peterson to deprive Plaintiffs of one or more of their constitutional rights. The repeated omission of exculpatory evidence by investigators while including inculpatory evidence, inclusion of debatably fabricated evidence, failure to follow obvious and apparent leads which implicated other individuals, and the use of questionable forensic conclusions suggests that the involved Defendants were acting deliberately toward the specific end result prosecution
of Williamson and Fritz without regard to the warning signs along the way that their end result was unjust and not supported by the facts of their investigation.

The ruling, which came on February 7, 2002, was a major blow to the defense and changed the momentum of the lawsuit.

For years, Renee had tried to convince Annette that she should leave Ada. The people would always be suspicious of Ron and whisper about his sister. Their church had rejected him. The pending lawsuit against the town and the county would create more resentment.

Annette resisted because Ada was her home. Her brother was innocent. She had learned to ignore the whispers and stares, and she could continue to hold her ground.

But the lawsuit worried her. After almost two years of intense pretrial discovery, Mark Barrett and Barry Scheck felt the tide was turning in their favor. Settlement negotiations were on and off, but there was a general feeling among the lawyers on both sides that the case would not go to trial.

Perhaps it was time for a change. In April 2002, after sixty years, Annette left Ada. She moved to Tulsa, where she had relatives, and soon thereafter her brother arrived to live with her.

She was eager to get him out of Norman. Ron was drinking again, and when drunk, he could not keep his mouth shut. He bragged about his lawsuit, his many lawyers, the millions he would collect from those who’d unjustly sent him to death row, and so on. He was hanging
around the Deli and other bars and attracting attention from the sorts of people who would quickly become his best friends when the cash arrived.

He moved in with Annette, and soon learned that her new home in Tulsa had the same rules as her old one in Ada, specifically, no drinking. He sobered up, joined her church, and became close to her pastor. There was a men’s Bible-study group called Light for the Lost that raised money for mission trips to poor countries. Their favorite fund-raiser was a monthly steak-and-potato dinner, and Ron joined the crew in the kitchen. His assignment was wrapping baking potatoes in foil, a job he enjoyed.

In the fall of 2002, the “frivolous” lawsuit was settled for several million dollars. With careers and egos to protect, the numerous defendants insisted on a confidential settlement agreement whereby they and their insurers handed over large sums of money without admitting they had done anything wrong. The secret deal was buried in a locked file and protected with a federal court order.

Its details were soon thrashed about in the coffee shops of Ada, where the city council was forced to disclose the fact that it had forked over $500,000 from a rainy-day reserve for its portion of the total settlement. As the gossip roared around town, the amounts varied from café to café, but it was widely believed to be in the $5 million range. The
Ada Evening News
, using unnamed sources, actually printed this amount.

Because Ron and Dennis had not been cleared as suspects, many of the good folks of Ada still believed
they were involved in the killing. That they were now profiting so handsomely from their crime caused even more resentment.

Mark Barrett and Barry Scheck insisted that their clients take an initial lump sum, then a monthly annuity to protect their settlement.

Dennis bought a new home in a suburb of Kansas City. He took care of his mother and Elizabeth, and buried the rest of it in the bank.

Ron was not quite so prudent.

He convinced Annette to help him buy a condo near her home and their church. They spent $60,000 on a nice two-bedroom unit, and Ron once again struck out on his own. He was stable for a few weeks. If for some reason Annette couldn’t drive him, Ron happily walked to church.

But Tulsa was familiar turf, and before long he was back in the strip clubs and bars, where he bought drinks for everyone and tipped the girls thousands of dollars. The money, along with his big mouth, attracted all sorts of friends, both new and old, many of whom took advantage of him. He was generous to a fault and thoroughly clueless about managing his new fortune. Fifty thousand dollars evaporated before Annette could rein him in.

Near his condo was a neighborhood bar called the Bounty, a quiet little pub where Guy Wilhoit, Greg’s father, was a regular. They met, became drinking buddies, and enjoyed hours of lively conversation about Greg and the old ghosts from death row. Guy told the bartenders and the owner of the Bounty that Ron was a special friend of his, and Greg’s, and that if he ever ran
into trouble, as was his custom, to call him, Guy, not the cops. They promised to protect Ron.

But Ron couldn’t stay away from the strip clubs. His favorite was Lady Godiva’s, and there he became infatuated with a certain dancer, only to learn that she was already spoken for. Didn’t matter. When he found out she had a family and was homeless, he invited them to his place and offered the spare bedroom upstairs. The stripper, her two kids, and their alleged father all moved into Mr. Williamson’s nice new condo. But there were no groceries. Ron called Annette with a long list of necessities, and she reluctantly went to the store and bought them. When she made the delivery, Ron was nowhere to be found. Upstairs, the stripper and her family were locked in the bedroom, hiding from Ron’s sister, and wouldn’t come out. Annette delivered the ultimatum, loudly, through the door, and threatened criminal action if they didn’t leave immediately. They fled and Ron missed them greatly.

The adventures continued until Annette, as legal guardian, finally intervened with a court order. They fought again over the money, but Ron knew what was best. The condo was sold, and Ron went to another nursing home.

He was not abandoned by his true friends. Dennis Fritz knew Ron was struggling to find a stable routine. He suggested that Ron come to Kansas City and live with him. He would monitor Ron’s medication and diet, make him exercise, and force him to cut back on the drinking and smoking. Dennis had discovered health foods, vitamins, supplements, herbal teas, and such and was anxious to try some products on his friend. They
talked about the move for weeks, but Annette eventually vetoed it.

Greg Wilhoit, now a full-fledged Californian and raging death penalty abolitionist, begged Ronnie to move to Sacramento, where the living was easy and laid-back and the past was truly forgotten. Ron loved the idea, but it was more fun to talk about than to actually pursue.

Bruce Leba found Ron and offered him a room, something he’d done many times in the past. Annette approved, and Ron moved in with Bruce, who at the time was driving a truck. Ron rode shotgun and thoroughly enjoyed the freedom of the open highways.

Annette predicted that the arrangement would last no more than three months, which was Ron’s average. Every routine and every place soon bored him, and three months later he and Bruce argued over something neither could remember. Ron moved back to Tulsa, stayed with Annette for a few weeks, then rented a small hotel suite for three months.

In 2001, two years after the release of Dennis and Ron, and almost nineteen years after the murder, the Ada police concluded the investigation. Then two more years passed before Glen Gore was moved from the prison at Lexington and put on trial.

For a host of reasons, Bill Peterson did not prosecute the case. Standing before a jury and pointing to the defendant and saying something like, “Glen Gore, you deserve to die for what you did to Debbie Carter,” would have been a hard sell since he’d pointed at two other men and made the same accusation. Peterson
begged off on conflict-of-interest grounds, but sent his assistant Chris Ross to sit at the state’s table and take notes.

A special prosecutor was sent in from Oklahoma City, Richard Wintory, who, armed with the DNA results, got an easy conviction. After hearing the details of Gore’s long and violent criminal record, the jury had no trouble recommending the death penalty.

Dennis refused to follow the trial, but Ron couldn’t ignore it. He called Judge Landrith every day and said: “Tommy, you gotta get Ricky Joe Simmons.

“Tommy, forget Gore! Ricky Joe Simmons is the real killer.”

One nursing home led to another. Once he grew bored with a new place, or wore out his welcome, the phone calls would start, and Annette would scramble to find another facility willing to care for him. Then she would pack him up and make the move. Some of the homes reeked of disinfectant and looming death, while others were warm and welcoming.

He was in a pleasant one in the town of Howe when Dr. Susan Sharp paid him a visit. Ron had been sober for weeks and felt great. They drove to a lakeside park near the town and went for a walk. The day was cloudless, the air cool and crisp.

“He was like a little boy,” Dr. Sharp said. “Happy to be outside in the sun on a beautiful day.”

When he was sober and medicated, he was a delight to be with. That night they had a “date,” dinner in a nearby restaurant. Ron was quite proud of himself because he was treating a nice lady to a steak dinner.

C H A P T E R  17

T
he severe stomach pains began in the early fall of 2004. Ron felt bloated and was uncomfortable sitting or lying down. Walking helped some, but the pain was increasing. He was always tired and couldn’t sleep. He roamed the halls of his latest nursing home at all hours of the night, trying to find relief from the pressure building around his stomach.

Annette was two hours away and hadn’t seen him in a month, though she had heard his complaints by phone. When she picked him up for a visit to the dentist, she was shocked at the size of his stomach. “He looked ten months pregnant,” she said. They vetoed the dentist and went straight to a hospital emergency room in Seminole. From there, they were sent to a hospital in Tulsa, where, the following day, Ron was diagnosed with cirrhosis of the liver. Inoperable, untreatable, no chance of a transplant. It was another death sentence, and a
painful one at that. An optimistic forecast gave him six months.

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