Wednesday, April 17, 2019

Tommy Ward: Karl Fontenot: Ada Oklahoma: (False confession case); Both convicted in murder of Donna Haraway... "Their conviction largely hinged on their two separate “confessions,” which took place under controversial circumstances and have since been challenged by authors John Grisham and Rob Mayer, not to mention the Oklahoma Innocence Project."



BACKGROUND: Thanks to Caroline Burke. Heavy.com. (Donna Denice Harraway murder: 5 fast facts you need to know." (Dec. 21. 2018.) 





"Donna Denice Haraway disappeared into thin air in April of 1984 while she was working a shift at a convenience store in Ada, Oklahoma. It was the second shocking criminal mystery in two years in the small Oklahoma town, after the rape and murder of Debbie Carter. In the following years, Tommy Ward and Karl Fontenot were both charged and convicted with her murder.  Ward and Fontenot were tried and convicted before Haraway’s body was found. When her body was eventually found, her cause of death directly contradicted with the details in which Ward and Fontenot gave when they “confessed.” The conviction of Ward and Fontenot is profiled in the new Netflix docu-series, The Innocent Man
Here’s what you need to know:

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1. Donna Denice Haraway Was a Convenience Store Clerk in Ada, Oklahoma, Leading up to Her Disappearance:

Two years after Debbie Carter was found raped and murdered in her apartment, another shocking event happened in the small town of Ada, Oklahoma: 24-year-old Haraway disappeared during a shift at the convenience store where she worked. In a May, 1984 article in The Oklahoman, authorities announced that Haraway had disappeared the previous Saturday (April 28, 1984), and that a $5,000 reward had been offered for tips related to her disappearance. The article read, “Donna Denice Haraway, 24, described as 5 feet, 5 inches tall and weighing 110 pounds, was reported missing Saturday evening after a customer entered McAnally’s convenience store and found it unattended with the cash register open. Store officials later reported $167 missing.” The Oklahoman article further noted that two young men were seen at a nearby Ada convenience store and were wanted for questioning. According to Grisham, Haraway was a student at East Central who was married to a man named Steve Haraway. They had been married for eight months at the time of her disappearance.

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2. Tommy Ward & Kart Fontenot Were Arrested, Charged, & Subsequently Convicted of the Rape & Murder of Haraway:  Before Haraway’s body was found, Tommy Ward and Karl Fontenot were considered suspects, Grisham wrote. Ward was a suspect because several people mentioned his name, and he “had been arrested several times for misdemeanors-public drunkenness, petty theft- but nothing violent.” When Ward was pulled in for questioning, he mentioned that he’d been fishing with his friend Fontenot at the time of Haraway’s disappearance. The police didn’t immediately charge them, though. For several months, the case was left open, with Ada police struggling to find any legitimate evidence to work with. Then, in October of 1984, a young man in town told police that there had been a party on the night of Haraway’s disappearance. Over the course of several interrogations that have since become increasingly controversial, Ward “confessed” to the crime at the end of a particularly grueling, eight-hour-long session. Shortly after, Fontenot “confessed” amid another controversial interrogation, Grisham writes. The Oklahoman. Both Ward and Fontenot were arrested on counts of kidnapping, rape, and murder. Another man, Odell Titsworth, was considered a third suspect, but by November of 1984 police confirmed they would not be arresting him, per The Oklahoman.  In September of 1985, Ward and Fontenot were tried for first-degree murder, as well as one count of kidnapping and one count of robbery. On Oct. 26, despite the fact that Ward and Fontenot couldn’t tell the police where Haraway’s body was, and despite the fact that they had both recounted their confessions and insisted that they had never met Haraway, and despite the fact that the prosecutors had no other physical evidence connecting the two with Haraways disappearance, both men were convicted of her murder and sentenced to death.

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3. Haraway’s Body Was Found in January, 1985; Her Cause of Death Was Nothing Like What Fontenot & Ward Had “Confessed” to Karl Fontenot in 2014:


Haraway’s body was found on Jan. 21, 1986 in the woods twenty miles from Ada. She had died of a single bullet wound of the head, a far different cause of death than what Ward and Fontenot had “confessed” to in their interrogation. Ward and Fontenot’s confession tapes detailed a gruesome murder of stabbing, rape, and burning the body. Grisham wrote, “The true cause of death should have convinced everyone involved that Ward and Fontenot had indeed dreamed up their ridiculous tales and had been coerced into confessing. It did not.” Following the discovery of the body, the district attorney made a statement, via The Santa Fe Reporter. He said, “Now we have a body, and the case is closed.” Soon after, Robert Mayer, a journalist, published the book Dreams of Ada, which chronicled the trial of Ward and Fontenot and argued their innocence. District Attorney Bill Peterson, who had tried Ward and Fontenot, said of the book, “He’s given this community a black eye.”

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4. Ward  and  Fontenot Both Were Granted Retrials & Found Guilty of Haraway’s Murder a Second Time:


In 1988, both Fontenot and Ward were granted a retrial. Fontenot was formally convicted of Haraway’s murder a second time in June, and sentenced to death. Ward was also sentenced to death row a second time. Both Ward and Fontenot are still on death row to this day. In an interview with The Marshall Project in 2017, Grisham said of Fontenot and Ward,
“I received Christmas cards last week from both Tommy Ward and Karl Fontenot, so we keep in touch. They have now been in prison for 31 years, serving hard

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 5.  The Oklahoma Innocence Project Still Represents Fontenot; Fontenot Was Its First Client

Tommy Ward
Tommy Ward confession: In 2015, the Oklahoma Innocence Project took Fontenot on as its first client, but his appeal was denied by the Oklahoma Court of Criminal Appeals. Though the Innocence Project maintained that it would continue to work on behalf of Fontenot, his case isn’t listed as active on the OIP site. Currently, Fontenot is 53 and serving life without parole at the Oklahoma State Reformatory in Granite. As for Ward, he is not represented by the Oklahoma Innocence Project, and is serving a life sentence without parole at the Dick Conner Correctional Center."

 https://heavy.com/news/2018/12/donna-denice-haraway-murder/

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PASSAGE OF THE DAY: "The city says Fontenot's legal team requested if there was any new evidence from the case in 2017 but the city and the police department said there wasn't any. Ward's legal team sent in a similar request in 2018 and the city said it had found some. Lisa Bratcher, public information director for the city, said the police department had been in a two year process of cataloging evidence after it had moved to the new building in 2016. "So the evidence found at the end of 2018 had been cataloged in and they were able to produce three boxes," Bratcher said. However, the police department did not know how the evidence was overlooked. Legal teams have since been able to get copies of the evidence."

STORY: ADA Police Chief announces retirement, by reporter Shelby Dowler, published by kxii news published by kxii News onApril 13, 2019.

GIST: "Ada Police Chief Mike Miller announced his retirement on Wednesday after testifying in federal court about three boxes of missing evidence related to the 1984 murder case of Donna Haraway.  The murder is one of two brought into question in the John Grisham novel and 2018 Netflix Docu-series "The Innocent Man". Tommy Ward and Karl Fontenot have been in prison more than 30 years serving a life sentence for the crime they say they did not commit. The city says Fontenot's legal team requested if there was any new evidence from the case in 2017 but the city and the police department said there wasn't any. Ward's legal team sent in a similar request in 2018 and the city said it had found some. Lisa Bratcher, public information director for the city, said the police department had been in a two year process of cataloging evidence after it had moved to the new building in 2016. "So the evidence found at the end of 2018 had been cataloged in and they were able to produce three boxes," Bratcher said. However, the police department did not know how the evidence was overlooked. Legal teams have since been able to get copies of the evidence.
"I think it's important for people to remember that most everybody on the police was not here in the early 80's and didn't have anything to do with the cases at that time," Bratcher said. Ada Public Works director Carl Allen served as assistant police chief in the past and will take over in the interim. "And he is aware that obviously, they have the communities best interest at heart and he really want to focus on that and bring everybody together," Bratcher said. We reached out to the Oklahoma Innocence Project and Karl Fontenot's lawyers, but they did not want to comment on Miller's retirement or the ongoing case. Miller also declined comment on his retirement or the federal case. Miller has been with the Ada Police Department since 1981 and chief since 1996.""

The entire story can be read at:
https://www.kxii.com/content/news/Ada-PD-Chief--508549761.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog.