The Innocent Man (Page 56)

One episode, though, got their attention. Ron managed to clog his toilet and flood his cell with two inches of water. He stripped naked and began doing belly flops into the pool from his top bunk, yelling incoherently as he did so. The guards finally managed to secure and sedate him.

***

Although there was no air-conditioning on F Cellhouse, there was a heating system, and winter brought the reasonable expectation of having warm air pumped through the ancient vents. It didn’t happen. The cells were frigid. Ice often formed on the inside of the windows during the night, and the heavily bundled inmates stayed in bed as long as possible.

The only way to sleep was to layer on all available clothing-both sets of socks, boxers, T-shirts, khakis, work shirts, and anything else a prisoner might be able to afford from the canteen. Extra blankets were luxuries and were not furnished by the state. The food, which was cold in the summertime, was barely edible in winter. The convictions of Tommy Ward and Karl Fontenot were reversed by the Oklahoma Court of Criminal Appeals because their confessions were used against each other at trial, and since neither testified, each was denied the right to confront the other. Had separate trials been given, the constitutional problems would have been avoided.

Had the confessions been suppressed, of course, there would have been no convictions. They were taken off The Row and sent back to Ada. Tommy was retried in the town of Shawnee, in Pottawatomie County. With Bill Peterson and Chris Ross prosecuting once again, and with the judge permitting the jury to see the taped confession, Tommy was again found guilty and rewarded with another death sentence. During his retrial, his mother was driven to the courthouse each day by Annette Hudson. Karl was retried in the town of Holdenville, in Hughes County. He, too, was found guilty and given a death sentence.

Ron was ecstatic at their reversals, then dismayed at their subsequent convictions. His own direct appeal was slowly inching through the system. His case had been reassigned within the Appellate Public Defender’s Office. Due to the increasing number of capital cases, more lawyers were hired. Mark Barrett was overworked and needed to unload a case or two. He was also anxiously awaiting a ruling from the Court of Criminal Appeals in Greg Wilhoit’s case. That court was notoriously tough on defendants, but Mark was convinced Greg would get a new trial.

Ron’s new lawyer was Bill Luker, and his brief argued vigorously that Ron had not received a fair trial. He attacked the representation of Barney Ward and claimed Ron had received "ineffective assistance of counsel," usually the first argument in a capital case. Chief among Barney’s sins was his failure to raise the issue of Ron’s mental incompetence. None of his medical records were in evidence. Luker researched Barney’s mistakes, and the list became long.

He assailed the methods and tactics of the police and the prosecutor, and his brief grew lengthy. He also challenged the rulings of Judge Jones: allowing Ron’s dream confession to be heard by the jury, ignoring the numerous Brady violations by the prosecution, and in general failing to protect Ron’s right to a fair trial.

The vast majority of Bill Luker’s clients were clearly guilty. His job was to make sure they received a fair hearing on appeal. Ron’s case was different, though. The more he researched and the more questions he asked, the more Luker became convinced that it was an appeal he could win.

Ron was a very cooperative client with strong views that he was ready to share with his lawyer. He called frequently and wrote rambling letters. His comments and observations were generally helpful. At times, his recall of the details of his medical history was astounding.

He dwelled on the confession of Ricky Joe Simmons, and considered its exclusion from his trial a major travesty. He wrote Luker:

Dear Bill,

You know I think Ricky Simmons killed Debbie. He must have or he wouldn’t have confessed to it. Now, Bill, I’ve been going through physical hell. I think it’s only fair for Simmons to pay for what he did and for me to go free. They don’t want to release his confession to you because they know you’d put it in my brief and immediately win me a new trial. So for God sakes tell them son of a bitches you want his confession.

Your Friend,

Ron

With plenty of free time, Ron developed an active correspondence, especially with his sisters. They knew how important the letters were, and they found time to write back. Money was usually an issue. He was unable to eat the prison food and preferred to buy whatever he could from the canteen. He wrote to Renee and said, in part:

Renee,

I know Annette sends me a little money. But my misery is increasing. I’ve got Karl Fontenot here and he doesn’t have anyone sending him anything. Could you please send me a little extra, even if it’s $10.00.

Love Ronnie

Just before his first Christmas on The Row, he wrote Renee and said, in part:

Renee:

Hey, thanks for sending the money. It’ll go for specific needs. Mainly guitar strings and coffee. I got 5 Christmas cards this year, including yours. Christmas can give some good feelings.

Renee, the $20 really came at a good time. I had just borrowed some money to buy some guitar strings from a friend of mine and I was going to pay him back out of the $50 a month Annette sends. That would have cut me a little short. I know $50 may sound like a lot, but I’ve been giving, sharing with a guy here whose mother can’t afford to send anything. She did send him $10 but that’s the first money he’s received since Sept when I moved near him. I give him coffee, cigarettes, etc. Poor fellow. Today’s Friday, so you all will be opening gifts tomorrow. I hope everybody gets what they need. Kids sure grow up fast. I’m gonna start crying if I don’t get myself together. Tell everybody

I love them, Ronnie

It was difficult to think of Ronnie having "good feelings" during the holidays. The tedium of death row was horrible enough, but to be cut off from his family brought a level of pain and desperation he could not handle. Early in the spring of 1989 he began slipping badly. The pressure, the drudgery, the sheer frustration of being sent to hell for a crime he did not commit, consumed him, and he fell apart. He began cutting his wrists and attempting suicide. He was very depressed and wanted to die. The wounds were superficial but left scars. There were several episodes of this, and he was watched closely by the guards. When the wrist cutting didn’t work, he managed to start a fire with his mattress and let it drip over his extremities. The burns were treated and eventually healed.

More than once, he was put on a suicide watch. On July 12, 1989, he wrote to Renee:

Dear Renee:

I’m going through so much suffering. I’ve burned some tissue and got several second and third degree burns. The pressure here is immense. Never getting to go anywhere when the suffering is intolerable, Renee, I’ve had headaches, I’ve banged into the concrete, I’ve gotten down on the floor and banged my head against the concrete. I’ve hit myself in the face til I was so sore the next day from the punches. Everybody here is stuck here like sardines. I know for a fact this is the most suffering I’ve ever had to endure. The magic to the problem and its solution is money. I’m talking about never having anything to eat that’s worth a shit. This food is like living on K-rations on some damn God-forbidden island. People here are poor but I’ve been so hungry that I’ve had to ask for a morsel to stop the craving. I’ve lost weight. There’s so much suffering here.

Please help me. Ron

In one prolonged depressive bout, Ron stopped communication with everyone and withdrew completely until the guards found him curled into a fetal position on his bed. He would respond to nothing.

Then, on September 29, Ron cut his wrists again. He was taking his medications sporadically, was talking nonstop about suicide, and was finally deemed to be a threat to himself. He was moved out of F Cellhouse and transferred to Eastern State Hospital in Vinita. Upon his admission, his chief complaint was, "I have suffered unjustified abuse." At Eastern State he was first seen by a staff physician, a Dr. Lizarraga, who saw a thirtysix year-old with a history of drugs and alcohol, unkempt, unshaven, with long graying hair and a mustache, in shabby prison dress, with burn marks on his legs and scars on his arms, scars he made sure the doctor noticed. He freely admitted many of his misdeeds but adamantly denied killing Debbie Carter. The injustice from which he was suffering had caused him to lose hope and want to die.