The Innocent Man (Page 67)

Mark: "Okay, you hear them talking-"

Ron: "Oh, yes, definitely so."

Mark: "On Monday night-"

Ron: "Definitely so."

Mark: "And during the World Series-"

Ron: "It’s a cheering pep squad sick ordeal I have to go through, but it’s, nonetheless, necessary for me to get Simmons confessed that he did, in fact, rape, rape by instrumentation and rape by forcible sodomy and murder Debra Sue Carter at her home at 10221/2 East 8th Street, December the 8th, 1982."

Mark: "Do you also hear Debra Carter’s name mentioned during-"

Ron: "Yes I do."

Mark: "Is this during Monday night football also?"

Ron: "I hear Debra Sue Carter’s name continually."

Mark: "You don’t have a TV in your cell, do you?"

Ron: "I hear other people’s television. I have heard them at Vinita. I had a television on death row. I definitely hear that I am associated with this horrible crime and I am doing my very dead level best to clear my name of this stinking mess."

Mark paused so everyone could catch a breath. Spectators exchanged looks. Others were frowning, trying not to make eye contact with anyone. Judge Landrith was writing something on his legal pad. The lawyers were scribbling, too, though putting sensible words together was not easy at the moment.

From a lawyer’s perspective, it was extremely difficult to examine an incompetent witness because no one, including the witness, knew what answers were likely to spew forth. Mark decided to just let him talk.

In attendance for the Carter family was Christy Shepherd, Debbie’s niece, who had grown up not far from the Williamsons. She was a licensed health counselor who’d spent years working with severely mentally ill adults. After a few minutes of listening to Ron, she was convinced. Later that day she told her mother and Peggy Stillwell that Ron Williamson was a very sick man.

Also watching, but for different reasons, was Dr. Curtis Grundy, Bill Peterson’s chief witness.

The questioning continued, though questions were unnecessary. Ron either ignored them or gave a quick answer before returning to Ricky Joe Simmons and rambling on until the next question cut him off. After ten minutes on the stand, Mark Barrett had heard enough. Annette followed her brother and testified about his unstable thoughts and his obsession with Ricky Joe Simmons.

Janet Chesley testified in detail about her representation of Ron and her efforts to get him moved into the Special Care Unit at McAlester. She, too, described his nonstop ramblings about Ricky Joe Simmons, and said that he was unable to assist with his defense because he talked of nothing else. Ron was improving, in her opinion, and she was hopeful he would one day be able to get his new trial. But that day was still far away.

Kim Marks covered much of the same territory. She had not seen Ron in several months and was pleased with his improved appearance. In vivid detail, she described Ron on H Unit and said she often thought he might die. He was progressing mentally but was still unable to focus on anything but Ricky Joe Simmons. He was not ready for a trial.

Dr. Sally Church was the final witness for Ron. In the long and colorful history of Ron Williamson’s court proceedings, she was, incredibly, the first expert to testify about his mental health.

He was bipolar and schizophrenic, two of the most difficult disorders to treat because the patient does not always understand what the medications do. Ron often stopped taking his pills, and that was common with the two disorders. Dr. Church described the effects, treatments, and potential causes of bipolar disorder and schizophrenia.

During her examination of Ron, the day before at the county jail, he asked her if she heard a television in the distance. She wasn’t sure. Ron certainly did, and on the television show they were talking about Debbie Carter and the catsup bottle. It happened like this:

He had written to Rene Lachemann, a former player and coach with Oakland, and told him about Ricky Simmons and Debbie Carter and the catsup bottle. Ron believed that Rene Lachemann for some reason had mentioned this to a couple of sports announcers who began talking about it on the air. The story spread-Monday Night Football, the World Series, and so on-until now it was all over the tube.

"Can’t you hear them in there?" Ron yelled at Dr. Church. "They’re yelling Catsup!, Catsup!, Catsup!"

She concluded her testimony with the opinion that Ron was unable to assist his attorney and prepare for trial.

During the recess for lunch, Dr. Grundy asked Mark Barrett if he could meet with Ron alone. Mark trusted Dr. Grundy and had no objection. The psychiatrist and the patient/inmate met in the witness room at the jail.

When court convened after lunch, Bill Peterson stood and sheepishly announced:

Yeah, Judge, I visited with our witness [Grundy] over the recess, and I think the State of Oklahoma would be willing to stipulate that… competency is obtainable, but at this particular point in time, Mr. Williamson is not competent.

After watching Ron in court and chatting with him for fifteen minutes during lunch, Dr. Grundy did an about-face and changed his opinion. Ron was simply not ready for a trial.

Judge Landrith ruled Ron to be incompetent and wanted him back in thirty days for another look. As the hearing was winding down, Ron said, "Could I ask a question?"

Judge Landrith: "Yes sir."

Ron: "Tommy, I’ve known you and I knew your dad, Paul, and I’m telling you in honest truth, I don’t know how this Duke Graham and this Jim Smith business, you know, how it correlates to Ricky Joe Simmons. I don’t know that. And if that’s about my competency, let me get down here within thirty days and let’s get Simmons arrested, put him on the witness stand show this videotape and try to get a confession from him as to what he actually did."

Judge Landrith: "I understand what you’re saying."

If "Tommy" did, in fact, understand, he was the only one in the courtroom who did so.

Against his wishes, Ron was returned to Eastern State for more observation and treatment. He preferred to remain in Ada to speed things along toward his trial, and he was irritated with his lawyers for wanting him at Vinita. Mark Barrett was desperate to get him out of the Ponto-toc County jail before more snitches appeared on the scene.

Then a dentist at Eastern State examined a sore in the roof of his mouth, did a biopsy, and discovered cancer. The growth was encapsulated and easily removed. The surgery was successful, and the doctor told Ron that had it gone untreated, say at the county jail or at McAlester, the cancer would have spread to his brain.

Ron called Mark and thanked him for the stay at Eastern State. "You saved my life," Ron said, and they were friends again.

In 1995, the state of Oklahoma drew a blood sample from every prison inmate, began analyzing them, and entered the results into its new DNA data bank.

The evidence from the Carter investigation was still locked away at the OSBI lab in

Oklahoma City. The blood, fingerprints, se**n, and hair samples from the crime scene, along with the numerous prints and blood, hair, and saliva samples taken from the witnesses and suspects, were all in storage.

The fact that the state had possession of everything did not comfort Dennis Fritz. He didn’t trust Bill Peterson and the Ada police, and he certainly didn’t trust their cohorts at the Oklahoma State Bureau of Investigation. Hell, Gary Rogers was an OSBI agent.

Fritz waited. Throughout 1998, he corresponded with the Innocence Project, tried to be patient, and waited. Ten years in prison had taught him patience and perseverance, and he had experienced the cruelty of false hope.