The Innocent Man (Page 59)

Dr. Foster wrote, "The psychotic reaction and the accompanying deterioration are worsened when a person is under the multiple stresses which accompany being in a death row environment and having the knowledge that you are scheduled to die. The GAF scale, as set forth in authoritative mental health manuals, considers imprisonment a ‘catastrophic’ stressor."

It was impossible to speculate how much worse the catastrophe might be for an innocent person.

Dr. Foster decided Ron needed better medications in a better environment. Ron would always be mentally ill, but improvements were possible, even for a death row inmate. However, Dr. Foster soon learned that helping sick and condemned prisoners was a very low priority.

He spoke to James Saffle, a regional director with the Department of Corrections, and to Dan Reynolds, the warden at McAlester. Both were familiar with Ron Williamson and his problems, and both had more important things to worry about.

Ken Foster, though, proved to be a rather stubborn, independent sort who disliked bureaucratic decisions and actually wanted to help his patients. He kept reporting to Saffle and Reynolds and made sure they knew the details of Ron’s serious mental and physical problems. He insisted on meeting with Reynolds at least once a week to review the status of his patients; Ron was always mentioned. And he spoke daily to a deputy warden, gave the routine updates, and made sure the summaries were passed on to the warden.

Repeatedly, Dr. Foster explained to those who ran the prison that Ron was not getting the medicines he needed and that he was deteriorating mentally and physically because of inadequate treatment. He was especially incensed that Ron would not be transferred to the Special Care Unit, or SCU, a building within view of H Unit.

Inmates who exhibited serious mental problems were routinely moved into the SCU, the only facility at McAlester designed for such treatment. However, the DOC had a longstanding policy that denied death row inmates access to the SCU. The official reason was vague, but many capital defense lawyers suspected the policy was in place to help speed along executions. If a severely disturbed death row inmate was properly evaluated, he might be found to be incompetent, thus thwarting a trip to the chamber.

The policy had been challenged many times but remained intractable. Ken Foster challenged it again. He explained repeatedly to Saffle and Reynolds that he could not adequately treat Ron Williamson without placing him at the SCU, where he could monitor his condition and regulate his medication. Often his explanations were pointed, heated, and intense. But Dan Reynolds proved stubbornly resistant to the idea of moving Ron and saw no need to improve his treatment. Don’t bother with death row inmates, Reynolds said. They’re going to die anyway. Dr. Foster’s appeals on behalf of Ron became so bothersome that Warden Reynolds locked him out of the prison. When the lockout ended, Dr. Foster resumed his efforts to move Ron to the SCU. It took four years.

After his direct appeal was over, Ron’s case entered "post-conviction relief," the next stage in which he was allowed to present evidence that was not offered at trial. As was the practice at that time, Bill Luker transferred the file to Leslie Delk, with the Appellate Public Defender’s Office. Her first priority was obtaining better medical treatment for her client. She saw Ron once on F Cellhouse and realized he was a very sick man. After he was transferred to H Unit, she became alarmed at his eroding condition.

Though Delk was not a psychiatrist or psychologist, she had received extensive training in the detection and nature of mental illness. Part of her job as a capital defense attorney was to observe such problems and try to get adequate treatment. She relied on the opinions of mental health experts, but it was difficult with Ron because a proper examination was impossible. As part of the noncontact policy at H Unit, no one could sit in the same room with the prisoner, not even his lawyer. A psychiatrist trying to examine Ron had to do so through a sheet of glass while talking to him on the phone.

Delk arranged for a Dr. Pat Fleming to do a psychological evaluation of Ron, as required in post-conviction proceedings. Dr. Fleming made three attempts but was unable to complete her assessment. Her patient was agitated, delusional, noncooperative, and hallucinating. The staff informed Dr. Fleming that such behavior was not at all unusual. It was obvious that he was a very disturbed man who was in no condition to assist his attorney or function in any meaningful way. She was severely restricted in her attempt to evaluate Ron because she was not allowed a confidential visit in which she could sit in the same room to question, observe, and administer tests.

Dr. Fleming met with the staff physician on H Unit and detailed her concerns. Later, she was assured that Ron had been seen by mental health professionals from within the prison, but she saw no improvement. She strongly recommended a commitment to Eastern State Hospital for an extended period to stabilize Ron and properly evaluate him. Her recommendation was denied.

Leslie Delk hammered away at the prison officials. She met with the correctional staff, the medical staff, and the various wardens to lodge her complaints and demand better treatment. Promises were made, then ignored. Benign efforts were made slight changes in Ron’s medications-but he received no significant treatment. She documented her frustrations with a series of letters to the prison officials. She visited Ron as often as possible, and when she was certain his condition could not worsen, it did. Leslie worried that he might die at any time.

***

While the medical staff struggled to treat Ron, the correctional staff was having great fun at his expense. For amusement, some of the prison guards enjoyed playing with the new intercom on H Unit. Each cell had a two-way speaker to the control room, yet another smart toy to keep the guards as far away from the inmates as possible. But it wasn’t far enough.

"Ron, this is God," a haunting voice called into Ron’s cell deep in the night. "Why did you kill Debbie Carter? " A pause, then the guards would snicker as they heard Ron screaming through his door, "I didn’t kill anybody! I am innocent!" His deep, raspy voice rattled through the southwest quad and disrupted the quiet. The seizure would last an hour or so, upsetting the other inmates but greatly humoring the guards.

When things were quiet, the voice returned. "Ron, this is Debbie Carter. Why did you kill me?" His tormented screams would go on and on.

"Ron, this is Charlie Carter. Why did you kill my daughter?"

The other inmates begged the guards to stop it, but they were having too much fun. Rick Rojem believed that two of the more sadistic guards, in particular, lived for the fun of mistreating Ron. The abuse went on for months.

"Just ignore them," Rick pleaded with his cell mate. "If you ignore them, they’ll quit."

Ron couldn’t grasp this idea. He was determined to convince everyone around him that he was innocent, and bawling it at the top of his lungs seemed the appropriate way. Often, when he couldn’t scream any longer, when he was physically spent or too hoarse to continue, he would stand with his face close to the speaker and whisper incoherently for hours.

Leslie Delk finally heard of the fun and games and fired off a letter on October 12, 1992, to the manager of H Unit. It read, in part:

Also, I had mentioned to you that I had been hearing from different folks that Ron was being harassed through the intercom by certain guards who apparently find it humorous to taunt the "crazies" and get them to react. I am continuing to hear about this problem and most recently heard that Officer Martin walked up to the door of Ron’s cell and started harassing him and taunting him (I believe that the content of these usually revolve around "Ricky Joe Simmons" and "Debra Sue Carter"). From what I understand, Officer Reading stepped in to get Officer Martin to quit his behavior but had to repeatedly tell him to quit harassing Ron before Martin actually stopped.