Wrongfully Imprisoned - Dennis Fritz and Darryl Burton Speak Out

From left, Josh Kezer of Columbia applauds as Dennis Fritz greets Darryl Burton as the former inmates told their stories of wrongful imprisonment as part of a Midwestern Innocence Project fundraiser Wednesday night in Neff Hall Auditorium at the University of Missouri.
Photo by Parker Eshelman

Josh Kezer speaks to audiences across the county warning of the reality of wrongful convictions. He doesn’t do it for himself or the publicity; he passionately tells his tale for all the men and women he believes deserve a new day in court.

In front of a standing-room-only classroom last night on the University of Missouri campus, Kezer and two other exonerated inmates told their stories in an effort to raise money for the Midwestern Innocence Project. Through fundraising, the organization provides legal counsel for prison inmates in cases that have a high probability of being overturned.

Sean O’Brien, an associate professor at the University of Missouri-Kansas City School of Law and Midwestern Innocence Project board member, is one of many masterminds who head exoneration cases or work to find an attorney to handle a case. With a staff of two attorneys, a fundraiser, legal secretary and several volunteers in Kansas City, he works to conduct the groundwork needed to jump-start a potential exoneration case.

“We want people to be able to put a face on the issue,” O’Brien said. “People understand there are innocent people in prison, but this makes it real to them.”

O’Brien and project attorneys rely on volunteers to sort through the 700 cases the project has on file. Only two or three cases will be selected this year, he said, sometimes making a successful exoneration into a five-year process.

DNA evidence and testing technologies have contributed to clearing numerous inmates nationwide, including 20 Missouri cases since 1980. Typical components of an exoneration case include eyewitness misidentification, junk science, false confessions, lousy lawyering and snitch testimony, O’Brien said. Each of the three exonerated speakers’ cases was a mixed bag of such components, including snitch testimony.

Kezer was 17 when he was arrested for shooting a Southeastern Missouri State University student three times. He was prosecuted in Scott County and served 16 years in state prison. He was exonerated last February after a rebuke of prosecutor-turned-Congressman Kenny Hulshof.

In a 44-page decision, a Cole County circuit judge said Hulshof withheld key evidence from defense attorneys and embellished details in his closing arguments. Conflicting testimony and three jail inmates who had claimed Kezer confessed to the killing later acknowledged they lied in hopes of getting reduced sentences.

“They didn’t care about the truth. I should have never been arrested,” Kezer said. “That’s not me saying that. That’s out of the judge’s mouth.”

Also sharing his story was former high school science teacher Dennis Fritz. Ron Williamson and Fritz were convicted in the sexual assault and murder of a 21-year-old woman who was found strangled in December 1982 in Ada, Okla. In 1988, both men were convicted, partially because of microscopic hair comparisons done as part of a scientific testing method that has since been largely discredited.

Fritz and Williamson, who served 11 years in prison, also were convicted based on testimony by witness Glen Gore, an informant later shown by DNA testing to have been the real killer. Gore was later convicted of rape and murder.

“I was convicted by snitch testimony,” Fritz said. “These were the dirtiest of the dirty and the lousiest of the lousy. They needed to find me guilty.”

Fritz’s tale became the subject of a John Grisham book, “The Innocent Man.”

St. Louis resident Darryl Burton served the longest time in prison of the three speakers. For 24 years, he worked to clear his name of a murder he did not commit. He said he found faith and his grown-up daughter in the process.

Burton was convicted in 1985 of a gas station murder on the basis of testimony by two people claiming to be witnesses. No physical evidence or motive was offered at the trial, but the two witnesses made deals with the prosecutor in exchange for their testimony because they faced unrelated felony charges.

“I thought it would take 24 hours for them to realize they made a mistake and let me go,” Burton said. “It took 24 years.”


By Brennan David

Thursday, February 4, 2010

Book Excerpt Journey Toward Justice Author Dennis Fritz One Day Before Freedom

One day before freedom:
I got back up in my bunk and pondered the many questions that plagued my mind. When I awoke to the jangle of keys in the door, I realized that I must have dozed off for a while. The guard said that there were some people there to see me. I followed him to the visiting room.
As I turned to enter, I saw a beautiful young woman standing in front of me. In a split second, I realized that this radiant woman with the beautiful smile was Elizabeth. My blessed mother was standing by her side. An uncontrollable feeling welled up in my chest and I began to cry. In that very same visiting room years earlier I had last seen Elizabeth as a young girl.

Now she was grown up. She looked so much like her mother. We stood for a moment, uncertain about what to do as we stared at each other, our faces quivering with emotion. Then we lunged into each other’s arms, embracing each other with every ounce of emotion that had been locked away inside us for the past twelve years.

With our hearts, minds, and bodies united, we embraced for what seemed like a lifetime—the lifetime that we had been cheated out of.
“Daddy, you are going home tomorrow,” Elizabeth said, her voice trembling. I could feel her hot tears falling on my neck and shoulders. “I’ve missed you and love you so much, Dad.”

Page 447
Excerpt from "Journey Toward Justice" by Dennis Fritz Copyright © 2006 by Seven Locks Press.
Excerpted by permission of Seven Locks Press All rights reserved.
No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
On Amazon - Journey Toward Justice Author Dennis Fritz On Amazon Here

BARBARA'S JOURNEY TOWARD JUSTICE FORUM

Barbara's Journey Toward Justice has added a Forum and Message Board , you can start a Discussion by adding a post for others to see and join in. Go to right sidebar and click on the blue words View Message Boards. You will see it under Dennis Fritz's book, "Journey Toward Justice" and before the comments. Just put a Title in Subject Line to begin the rest is easy. Posting a message is done in the same way. Contact me if you have a problem posting. Thank you all for reading my blog and hope to hear for you. Message/Forum Rules
Please abide by the extremely reasonable rules if you intend to post in the forums.

UPDATE JULY 7th, 2008 - Sorry FORUM CLOSED

Chris L. Ross Next Pontotoc County, Oklahoma District Attorney

The top assistant in the Pontotoc County district attorney's office has been named to head the office. Gov. Brad Henry announced the appointment Chris L. Ross as district attorney for the 22nd District, which encompasses Pontotoc County, Oklahoma.
He succeeds William Peterson, who is resigning effective Jan. 1.
Chris L. Ross, who is 50 has 24 years of experience and has been with the prosecutor's office since 1983. After graduating from the University of Oklahoma in 1979, Ross earned his law degree from the OU College of Law in 1982. Chris Ross is married and has two children.

During a question-and-answer period at the Oklahoma Bar Association annual meeting urged to tackle wrongful convictions, Pontotoc County First Assistant District Attorney Chris Ross, who prosecuted Glen Gore, outlined changes that have been made in the office since the Debra Sue Carter Rape and Murder case.
He said defense attorneys have immediate access to documents,tapes and other items in the prosecution's files, so a defendant's lawyers do not have to wait until a discover date to obtain information. Ross also said that prosecutors' offices, particularly those in small counties that rarely see capital cases, need more training in handling them. Oklahoma County District Attorney David Prater, who said his office also maintains an "open file" policy with defense attorneys, said prosecutors must be kept up to date on forensic science.
It is also important not to gauge prosecutors' success or failure by their conviction rate, he said.
"We've got to change that culture," Prater said.
The idea, he said, is seeing that justice is done.
"It's not a hash mark," Prater said. "It's a human life.

Big changes for Ada, Oklahoma. I wish the Best for Chris Ross and the Great and Proud people of Oklahoma.

During Peterson’s career several high profile murder cases have been tried. Bill Peterson has also been the subject of much controversy because of his prosecutions of Dennis Fritz and Ron Williamson. Dennis Fritz and Ron Williamson, who were both convicted of the 1982 murder and rape of Debra Sue Carter. After Williamson received a last-minute stay of execution, and Fritz's long-standing efforts to obtain post-conviction DNA testing were successful, DNA results conclusively excluded both men as the source of the semen found in the victim's body. The profile from the semen instead matched Glen Gore. Glen Gore was the prosecutor's key witness. Further DNA testing also proved that not one of the seventeen hairs deemed to be "matches" with Williamson and/or Fritz at the time of trial (under the microscopic analysis then available) belonged to either. As a result, both defendants were exonerated and released from prison in 1999. Bill Peterson also got questionable convictions on Ward and Fontenot , and they are still in prison.
Peterson sued author John Grisham in September 2007 for libel for the portrayal of him in Grisham's first nonfiction book, "The Innocent Man." Other defendants in the lawsuit are:

• Author Dennis Fritz ,who tells his story of his unwarranted prosecution and wrongful conviction his book "Journey Toward Justice".
  


• Barry Scheck, one of Fritz's lawyers who helped exonerate him in 1999, and a co-author of "Actual Innocence," that discusses the case of Williamson and Fritz.
  


• Robert Mayer, author of "The Dreams of Ada." - Mayer's book discusses another Pontotoc County murder case that is also mentioned in Grisham's book. The murder of Denice Haraway and the subsequent investigation, prosecution and conviction of Tommy Ward and Karl Fontenot. Bill Peterson got questionable convictions on Ward and Fontenot , and they are still in prison. Robert Mayer, author of The Dreams of Ada; and Barry Scheck, with The Innocence Project, have also filed motions asking the court to dismiss the lawsuit against them.
  


• The Doubleday Dell Publishing Group, publisher of "The Innocent Man" and "Actual Innocence."
  


• Random House Inc., which owns Doubleday Dell.
  


• Broadway Books, publisher of "The Dreams of Ada."
  


• Seven Locks Press and/or James C. Riordan, publisher of "Journey Toward Justice."Seven Locks Press and James Riordan have asked that the complaint against them be dismissed for failure to state a claim.


• In addition to Peterson, other plaintiffs in the lawsuit are Gary Rogers, a former Oklahoma State Bureau of Investigation agent, and Melvin Hett, a retired OSBI criminalist. Bill Peterson and Gary Rogers were instrumental in the conviction of Ron Williamson and Dennis Fritz in the murder of Debbie Sue Carter in Ada, Oklahoma in 1982. The Peterson and Rogers lawsuit, filed in federal court, alleges civil conspiracy, libel, placing a person in a false light and intentional infliction of emotional distress.

The State Calls Glen Gore : Journey Toward Justice Book Excerpt

"The state calls Glen Gore," Peterson declared in his calm
and bold manner.
Gore was short and stocky with a plump face and black
wavy hair. He was sworn in and sat nervously in the witness chair
as he waited for Peterson to speak.
The district attorney asked Gore to name his past felonies
for which he had received convictions.
"Objections, Your Honor. The state doesn't have the right to
impeach its own witnesses," Barney argued.
"Overruled, Mr Ward. There's an evidence code, and if he's
a hostile witness, I think it's for your own behalf. I will allow him
to proceed.
"Gore had recently been brought back from penitentiary
after he had been convicted of kidnapping, first-degree burglary,
and shooting with the intent to kill. He had a string of other felonies
but he only named the convictions he received time on. He was a
smooth talker once he got started. His answers were straightforward
and without hesitation. His dark, ominous eyes shifted from side
to side as he purported the events of December 7, 1982, the eve
of Debbie's murder.
"I went out to the Coach Light nightclub...............
page 105
Excerpted from Journey Toward Justice by Dennis Fritz Copyright © 2006 by Seven Locks Press. Excerpted by permission of Seven Locks Press All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.

I did one book excerpt on my blog, Barbara's Journey Toward Justice and received many emails from readers ... they wanted more. I decided to start another blog just for Dennis Fritz's, Journey Toward Justice Book Excerpts. I will be adding more as time goes by.

GLEN GORE

Hello,My name is Glen D. Gore. My DOB is on 27th of April 1960.I am 5'7 feet tall and weight 195 lbs.
I have brown hair and brown eyes.
I love all kinds of music and I love to work out and run.
I am half Indian half White.
Glen Gore # 153663 H-Unit
P.O. Box 97
McAlester, OK
74502
US
Taken From : ALIVE e.V.Voices From Inside
Alast Update: 07.05.05(c) ALIVE e.V.Glen Gore# 153663H-UnitP.O. Box 97 McAlester, OK 74502 USA

O.K. now that I have your attention I will tell you what this is about. I have been getting a lot of questions about Glen Gore. The comments are also very interesting. I thought I would post Glen Gores' address so my many readers, say about 13,000, can personally ask and make their comments to him directly. I am sure most woman would not like to communicate with him because he raped and murdered Debbie Sue Carter in a heinous way....
I'm sure he would be happy to hear from all of you!

You can also read more about the case in 2 bestsellers," Journey Toward Justice", author Dennis Fritz 2006 and "The Innocent Man", author John Grisham 2006.

Dennis Fritz and Ron Williamson were charged with the rape and murder.

Glen Gore was the key witness for the prosecutor, Bill Peterson. Gore testified that he saw Williamson with the victim the night she died. He was the only witness to connect them.

Fritz was wrongfully convicted of the rape and murder in Ada, Oklahoma, and sentenced to life. A vote from a single juror saved him from the death penalty. Dennis Fritz's co-defendant, Ronnie Williamson, subject of John Grisham's bestselling "The Innocent Man" was sentenced to death. In April of 1999, both men were exonerated with the help of Barry Scheck and irrefutable DNA evidence. Ronald Williamson was exonerated five days before his scheduled execution. Both Fritz and Williamsom spent 12 tortuous years behind bars. Mr. Williamson died five years after he was freed from prison.

Also from case law at Findlaw.com. Here is the part about Glen Gore>http://login.findlaw.com/scripts/case_login?dest=http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl
case law at Findlaw.com.

1 Appellant Dennis Leon Fritz was tried by jury and convicted of Murder in the First Degree (21 O.S. 1981 § 701.7 [21-701.7]) in Case No. CRF-87-90, in the District Court of Pontotoc County. The jury recommended life imprisonment and the trial court sentenced accordingly. From this judgment and sentence Appellant has perfected this appeal. We affirm. ¶2 On December 8, 1982, twenty-one (21) year old Debbie Carter was found dead in her garage apartment in Ada, Oklahoma. 1 She was discovered by her father who had come to check on her at her mother's request, fearing that something might be wrong. Walking up the stairs to the second floor apartment, Mr. Carter observed glass covering the landing and the screen door and front door standing wide open. Walking through to the bedroom, he found Debbie's body laying face down on the floor with a washcloth stuck in her mouth. The police were called and the investigation into the murder began.
¶3 Detective Dennis Smith, Ada Police Department, was among the first to arrive at the scene and found that the apartment showed signs of a struggle. Broken glass was found on both the inside and outside of the front door. In the living room, the sofa cushions and a nightgown were on the floor. On the wall, written in what was later determined to be fingernail polish, were the words "Jim Smith next will die". On top of the kitchen table was written "don't look force us or ealse" (sic). Approaching the bedroom, he saw the bed blocking the entry into the room. The room was in complete disarray with clothing, sheets, blankets and stuffed animals on the floor. Debbie Carter's body, nude except for a pair of white socks, was on the floor between the bed and the wall. Written on her back in catsup were the words "Duke Graham". Written on her chest in fingernail polish was the word "die". A blood soaked washcloth was stuffed into her mouth and down her throat. Underneath the body was an electric cord and a belt. The bathroom, connected to the bedroom, showed no signs of a disturbance.
¶4 The results of an autopsy, performed on December 9, 1982, by Fred Jordan of the Medical Examiner's Office showed numerous bruises on the decedent's face, arms and body, several of which were defensive wounds. Small puncture wounds were also discovered on her nose and cheeks. The inside of her lips and mouth were cut and a semi-circular ligature mark was found on her neck. An internal examination revealed internal bruising and a small metal bottle cap inside her rectum. The cause of death was found to be suffocation as a result of the washcloth in her mouth and the ligature tightened around her neck.

Dennis Fritz now works with the Innocence Project in Kansas City, Missouri
On the Board of Directors of Truth in Justice's and is a co-host for Truth in Justice Radio, broadcasted on WTKM Radio from Hartford, Wisconsin, 104.9 FM, 1540 AM, He makes appearances related to "the innocence movement" nationwide. He is using a book he recently published, "Journey Toward Justice", as a vehicle to bring awareness of the overall, devastating effects of how false convictions can destroy people's lives and how mistakes can be made in cases. He travels the United States speaking to law schools and also hopes to reach prosecutors and judges. You can find his book here

Journey Toward Justice Author Dennis Fritz click here On Amazon Here
International Orders Order Here Journey Toward Justice by Dennis Fritz From Around The World click on here Amazon International Just type in Journey Toward Justice Author Dennis Fritz

Dennis Fritz and Ron Williamson were exonerated and released in April 1999

From The Innocence Project

DENNIS FRITZ
Incident Year: 1982

Jurisdiction: OK

Charge: Murder

Conviction: 1st Degree Murder

Sentence: Life
Year of Conviction: 1988

Exoneration Year: 1999

Sentence Served: 11 Years

Real perpetrator found? Yes

Contributing Causes: Unreliable/Limited Science, False Confessions, Informants/Snitches

Compensation? Yes


Dennis Fritz, along with co-defendant Ron Williamson, was convicted in 1988, in Pontotoc County, Oklahoma, of the murder of Debra Sue Carter. Her body had been found six years earlier. Fritz was sentenced to life in prison. Williamson was sent to death row.

The twenty-one year old victim had left her waitressing job and was found raped and murdered in her apartment the following day. Fritz and Williamson were known to frequent the establishment where the victim worked. The prosecution presented evidence that the victim had previously complained to a friend that they "made her nervous." Williamson had been seen at the restaurant the night of the murder without Fritz.

Fritz was not charged until five years later after the murder (delayed by state exhumation of victim after an incorrect analysis of finger prints at the scene was noted). An inmate that Fritz was paired with eventually came forward and stated that Fritz had confessed to the murder. This jailhouse snitch gave a two hour taped interview revealing what Fritz had allegedly confessed to him. This confession came one day before the prosecution would have been forced to drop the charges against Fritz. Another informant testified that she had heard Williamson threaten to harm his mother as he had the victim. Williamson was also seen at the bar the night of the murder, according to a witness named Glenn Gore. Additionally, police had statements from Williamson regarding a dream he had about the crime.

Forensic testing was performed on various items of evidence. Seventeen hairs were recovered and were "matched" to both Fritz and Williamson. The semen evidence suggested that the perpetrator(s) were non-secretors, as Fritz and Williamson are. Fritz could not remember his exact whereabouts during the day of the crime due to the amount of time, five years, that had passed.

Fritz's appeals were denied. He later contacted the Innocence Project for help. It was learned that the physical evidence was going to be tested due to appeals filed by Ron Williamson's lawyers. Fritz filed an injunction to make sure that the evidence would not be totally consumed until the cases were joined with regard to DNA testing.

DNA testing revealed that neither Fritz nor Williamson deposited the spermatozoa found in the victim. Further testing proved that none of the many hairs that were labeled "matches" belonged to them. The profile obtained from the semen evidence matched Glenn Gore, one of the state's witnesses at trial. Gore escaped from work release shortly after testing was concluded and was later apprehended.

Dennis Fritz and Ron Williamson were exonerated and released in April 1999. Williamson had, at one point, come within five days of execution. The two had been wrongfully incarcerated, respectively, for eleven years.

Dennis Fritz wrote a Book called "Journey Toward Justice" click here On Amazon Here
International Orders Order Here Journey Toward Justice by Dennis Fritz From Around The World click on here Amazon International Just type in Journey Toward Justice Author Dennis Fritz

NBC Dateline Tuesday May 22 The Ada Hour Injustice of Wrongful Convictions Featuring Dennis Fritz Author of Journey Toward Justice

NBC Dateline will air on Tuesday May 22 The Ada Hour.
The Ada Hour will chronicle the repeated injustice of wrongful convictions.
In addition to John Grisham, District Attorney Bill Peterson, Barry Scheck and Robert Mayer the piece will feature Dennis Fritz the author of Journey Toward Justice. Please feel free to post your comments about The Ada Hour here.