Wednesday, January 22, 2020

Karl Fontenot: Ada, Oklohoma. Part (1): (False confession case). Presented by The Ada News (a daily newspaper published in Oklahoma) as a top story of the decade:..." Fontenot was convicted in 1985 in connection with the disappearance and murder of Donna Denice Haraway. His second trial in 1988 also ended with a conviction. Both times, the prosecution relied on a confession that Fontenot claimed was the retelling of his dream in which he and co-defendant Tommy Ward had raped and killed Haraway."


PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’ As  all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:
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PASSAGE OF THE DAY: "Both men claimed their confessions were coerced, and they maintained their innocence for the next 34 years. The streaming service Netflix shone new light on the case in 2018, when the service launched a six-part series examining the 1982 murder of Debbie Sue Carter and the 1984 disappearance and murder of Haraway. The series was based on novelist John Grisham’s nonfiction book “The Innocent Man: Murder and Injustice in a Small Town.” U.S. District Judge James Payne ordered Fontenot’s release in August 2019, saying newly discovered evidence offered “solid proof of Mr. Fontenot’s probable innocence.”

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STORY: Decade in review: "A recap of the top stories from 2016-19, by reporter Eric Swanson,  published by The ADA News on January 5, 2020. (Eric Swanson is the City Hall and general assignment reporter for The Ada News.)

GIST: 2019: "Karl Fontenot, who spent 35 years in prison for a crime he insists he did not commit, was released from prison in December 2019. The 55-year-old man was transferred to the custody of the U.S. Marshal’s Office, according to Oklahoma Department of Corrections spokesman Matt Elliott. Fontenot was convicted in 1985 in connection with the disappearance and murder of Donna Denice Haraway. His second trial in 1988 also ended with a conviction. Both times, the prosecution relied on a confession that Fontenot claimed was the retelling of his dream in which he and co-defendant Tommy Ward had raped and killed Haraway. Both men claimed their confessions were coerced, and they maintained their innocence for the next 34 years. The streaming service Netflix shone new light on the case in 2018, when the service launched a six-part series examining the 1982 murder of Debbie Sue Carter and the 1984 disappearance and murder of Haraway. The series was based on novelist John Grisham’s nonfiction book “The Innocent Man: Murder and Injustice in a Small Town.” U.S. District Judge James Payne ordered Fontenot’s release in August 2019, saying newly discovered evidence offered “solid proof of Mr. Fontenot’s probable innocence.” The state is appealing the ruling, but a federal appeals court ruled that Fontenot could be released in the meantime."

The entire story can be read at:
https://www.theadanews.com/news/local_news/a-recap-of-the-top-stories-from/article_d071b8d7-21aa-549c-8c5e-a0681b509351.html

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For John Grisham' reaction to Fontenot's  release: As per the ADA News: Carl Lewis: Editor: The ADA News:  December 20, 2019.

U.S. District Judge James Payne ordered his release in August, writing that newly discovered evidence provides “solid proof of Mr. Fontenot’s probable innocence.” The state is appealing the judge’s ruling, but a federal appeals panel ruled Fontenot could be released in the meantime. In 2006, the crime and subsequent investigation became the subject of part of novelist John Grisham’s only nonfiction work, “The Innocent Man: Murder and Injustice in a Small Town.” In December 2018, streaming service Netflix debuted a six-part series examining the 1982 murder of Debbie Sue Carter and the 1984 disappearance and murder of Donna Denice Haraway. The series is based on Grisham’s best-selling book. “I was hoping and wishing and praying that one day Tommy and Karl would get out, but I’m not sure I ever believed it would happen,” Grisham said Thursday by phone. “(I’m) extremely happy for Karl. It’s just shocking, and so stunning and sad how much these men have suffered because of the malfeasance of the police and prosecutors in Ada.” While Fontenot still faces the prospect of another trial, pending the outcome of the state’s appeal, Grisham said he has taken another step toward freedom. “Karl had a dream of getting out and being able to go off somewhere and live in a cabin in the mountains, by himself, and just enjoy the freedom,” Grisham said. “That was his big dream, and he took a giant step toward that today.""

 https://www.theadanews.com/fontenot-released/article_7ee8bff8-2344-11ea-a85f-f73801490f36.html

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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;

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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.""

Lawyer Radha Natarajan:

 https://www.providencejournal.com/news/20191210/da-drops-murder-charge-against-taunton-man-who-served-35-years-for-1979-slaying

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