The Innocent Man (Page 43)

When he was excused, the state rested.

The first witness called by the defense was Dennis Fritz. He testified about his past, his friendship with Ron, and so on. He admitted that he had been convicted of cultivating marijuana in 1973 and had lied about this on his application to teach school at Noble seven years later. His reason for doing so was simple; he needed a job. He denied repeatedly that he had ever met Debbie Carter and certainly knew nothing about her murder.

He was then handed over to Bill Peterson for cross-examination.

There’s an old adage in bad trial lawyering that when you don’t have the facts, do a lot of yelling. Peterson stomped to the podium, glared at the murderer with the suspicious hair, and began yelling.

Within seconds, Judge Jones called him to the bench for a little chastising. "You may not like this defendant," the judge whispered sternly, "but you’re not to be angry in this courtroom."

"I’m not angry," Peterson angrily shot back.

"Yes you are. This is the first time you’ve raised your voice to this bench." "All right."

Peterson was incensed that Fritz had lied on a job application. Thus, Dennis simply could not be believed. And Peterson dramatically produced another lie, a form Dennis had filled out when he hocked a pistol at a pawnshop in Durant, Oklahoma. Again, Dennis had tried to hide his felony for cultivating pot.

Two clear incidences of outright deception; neither, of course, had anything to do with the Carter murder. Peterson harangued him for as much mileage as he could possibly beat out of his self-confessed lying.

It was ironic, and would have been comical had things not been so tense, that Peterson worked himself into such an indignant lather over a witness who couldn’t tell the truth. This, from a prosecutor whose case was built on the testimony of convicts and snitches.

When Peterson finally decided to move on, he had no place to go. He hopscotched from the allegations of one prosecution witness to another, but Dennis did a credible job of holding his ground. After a contentious one-hour cross, Peterson sat down.

The only other witness called by Greg Saunders was Richard Bis-bing, who explained to the jury that he disagreed with most of the conclusions reached by Melvin Hett. It was late on Friday afternoon, and Judge Jones adjourned court for the weekend. Dennis made the short walk back to the jail, changed clothes, and tried to relax in his stuffy rat hole of a cell. He was convinced the state had failed to prove him guilty, but he was far from confident. He had seen the nasty looks from the jurors when they were shown the gruesome crime scene photos. He had watched them as they listened to Melvin Hett and believed his conclusions.

For Dennis, it was a very long weekend.

Closing arguments began Monday morning. Nancy Shew went first for the state and plodded through a recitation of each of the prosecution’s witnesses and what had been said.

Greg Saunders countered with an argument that not much at all had been proven by the state; that its burden of proving Dennis guilty beyond a reasonable doubt had clearly not been met; that this was nothing.

Ronnie as a Police Eagle, age ten.

The Williamson family around 1970: Annette, Ron, and Renee, with their parents, Juanita and Roy.

High school portrait, age eighteen.

Debbie Carter, two days before she was murdered.

The crime scene- Debbie had the upstairs apartment. Denice Haraway, abducted April

28, 1984.

Tommy Ward and Karl Fontenot being escorted to trial.

Ron Williamson’s mug shot. Dennis Fritz’s mug shot.

Ron being led away from the Pontotoc County Courthouse after he was found guilty of murder and received the death penalty.

District Attorney Bill Peterson.

Greg Wilhoit spent four years at F Cellhouse for a murder he did not commit. He and Ron Williamson became close friends on death row.

U.S. District Court Judge Frank H. Seay. As an epilogue to his decision granting a new trial he said, "God help us, if ever in this great country we turn our heads while those who have not had fair trials are executed. That almost happened in this case."

After eleven years in prison, Ron returns to Ada.

The client with his legal team. Front row: Kim Marks and Penny Stewart; second row: Bill Luker, Janet Chesley, Ron, Jenny Landrith, Mark Barrett, and Sara Bonnell. (April 15, 1999.) Dennis Fritz and Ron Williamson in court as they hear Judge Tom Landrith dismiss the charges. (April 15, 1999.) Barry Scheck and Mark Barrett celebrate at a press conference after the release of Ron and Dennis. (April 15, 1999.) Ron at Yankee Stadium two weeks after his release.

Annette and Renee with their brother shortly before his death. ing more than a case of guilt by association; and that the jury should find his client not guilty.

Bill Peterson had the last shot. For almost an hour, he rambled on and on, regurgitating the high points from each of his witnesses, trying desperately to convince the jurors that his crooks and snitches were worth believing.

The jury retired to deliberate at noon, and six hours later came back to announce it was split eleven to one. Judge Jones sent them back with the promise of dinner. Around 8:00 p.m., they returned with a verdict of guilty.

Dennis listened to the verdict in a frozen silence, stunned because he was innocent, shocked because he’d been convicted with such paltry proof. He wanted to lash out at the jurors, the judge, the cops, the system, but the trial was not over.

Yet he was not totally surprised. He had watched the jurors and seen their distrust. They represented the town of Ada, and the town needed a conviction. If the cops and Peterson were so convinced Dennis was the killer, then he must be.

He closed his eyes and thought of his daughter, Elizabeth, now fourteen and certainly old enough to understand guilt and innocence. Now that he’d been convicted, how would he ever convince her he was innocent?

As the crowd filed out of the courthouse, Peggy Stillwell fainted on the courthouse lawn. She was exhausted and overcome by emotion and grief. She was rushed to the nearest hospital but was soon released.

With the issue of guilt now settled, the trial moved quickly into the penalty phase. In theory, the jury would determine the sentence based on aggravating circumstances presented by the state and designed to get the death penalty, and mitigating circumstances presented by the defendant that would, hopefully, save his life.

The Fritz penalty phase was very brief. Peterson called to the stand Rusty Featherstone, who finally got to tell the jury that Dennis had admitted to him that he and Ron had been barhopping in Norman some four months before the murder. That was the extent of his testimony. The two murder suspects had actually driven seventy miles to Norman and spent a long night in the clubs and lounges.

The next and last witness expanded on this profound story. Her name was Lavita Brewer, and while having a drink in the bar at a Holiday Inn in Norman, she bumped into Fritz and Williamson. After several drinks, the three left together. Brewer got in the backseat. Dennis was behind the wheel. Ron was next to him, and away they went. It was raining. Dennis was driving fast, running red lights and such, and at some point early in the adventure Brewer became hysterical. Though the two never touched or threatened her, she decided that she really wanted to get out. But Dennis wouldn’t stop. This went on for fifteen or twenty minutes, then the car slowed enough for her to open the door and jump. She ran to a pay phone and called the police.

No one was injured. No charges were filed. No one was ever convicted.

But to Bill Peterson, the incident was clear proof that Dennis Fritz was an ongoing threat to society and should be put to death to protect other young ladies. Lavita Brewer was the best, and only, witness he could produce.