Latest / Wrongful Conviction / #353 Wrongful Conviction: False Confessions - Tommy Ward Pt. 1
Transcript
- 0:05Speaker 1: Hey guys, it's Laura and I Writer. In Season two
- 0:08Speaker 1: of False Confessions, we brought you the stunning story of
- 0:11Speaker 1: Tommy Ward, and unfortunately I have some sad news to
- 0:14Speaker 1: share about his case. In January twenty twenty one, a
- 0:18Speaker 1: district judge at the Oklahoma Court of Criminal Appeals gave
- 0:21Speaker 1: us the news we were all hoping for and vacated
- 0:24Speaker 1: Tommy's conviction, but he waited in prison still while the
- 0:27Speaker 1: state appealed that decision. Sadly, justice hasn't yet been served.
- 0:32Speaker 1: This innocent man is still in prison. The state won
- 0:35Speaker 1: their appeal reinstating Tommy's conviction in twenty twenty two, and
- 0:40Speaker 1: as of this update, Tommy and his legal team are
- 0:43Speaker 1: preparing to file again with the federal courts. Tommy, We're
- 0:47Speaker 1: all hoping that the courts get it right this time
- 0:49Speaker 1: and grant you the freedom you deserve. Keep fighting and
- 0:53Speaker 1: stay strong. Welcome to Wrongful Conviction, False Confessions. I'm Laura
- 1:01Speaker 1: and I Writer, and I'm Steve Dressing. In nineteen eighty four,
- 1:05Speaker 1: a woman from Ada, Oklahoma, went missing. A few months later,
- 1:09Speaker 1: a man named Tommy Ward told police that he'd had
- 1:12Speaker 1: a bad dream about her murder. Incredibly, the police took
- 1:16Speaker 1: that dream and turned it into a false confession. Tommy
- 1:20Speaker 1: Ward's story has fascinated the world. In two thousand and six,
- 1:25Speaker 1: the author John Grisham wrote a book about Tommy and
- 1:28Speaker 1: his co defendant, Carl Fontaneau. John's career as a writer
- 1:32Speaker 1: was changed by Tommy and Carl's case, but he's not
- 1:35Speaker 1: the only one who's been moved by it. A few
- 1:37Speaker 1: years ago, their story was made into a Netflix global
- 1:40Speaker 1: series called The Innocent Man. Now the whole world has
- 1:44Speaker 1: been moved too. It's our honor to be part of
- 1:47Speaker 1: the fight to exonerate Tommy Ward and Carl Fonteneau. Here's
- 1:51Speaker 1: hoping we can deliver a wake up call in this
- 1:53Speaker 1: nightmare of a case.
- 2:06Speaker 2: I'm John Grisham, author of a number of legal thrillers
- 2:09Speaker 2: and one work of nonfiction. About fifteen years ago, I
- 2:14Speaker 2: found myself in Ada, Oklahoma, doing the research for a
- 2:19Speaker 2: nonfiction book that was eventually titled The Innocent Man. It's
- 2:23Speaker 2: just a truly fascinating case because there were no clues,
- 2:26Speaker 2: there were no witnesses, there was no body, there was
- 2:30Speaker 2: no corpse, there was no murder weapon, there was nothing
- 2:33Speaker 2: for Tommy Wiard confessed to the crime, and from.
- 2:36Speaker 3: That moment on he was a guilty man.
- 2:39Speaker 2: The judge allowed this case to go forward without a body.
- 2:42Speaker 2: Even on my most creative days, I'm not sure I
- 2:44Speaker 2: could create stuff like this.
- 2:48Speaker 3: Once I started researching Tommy's case Carl's case, I realized
- 2:53Speaker 3: that there are thousands of innocent people in prison, and
- 2:56Speaker 3: I've never realized that before. At that point I moved away,
- 3:00Speaker 3: for the most part, from suspense intrigue thrillers to something
- 3:05Speaker 3: still similar but much more issue driven capital punishment, wrong
- 3:10Speaker 3: for confiction, mass incarceration, the issues I care about in
- 3:14Speaker 3: the criminal justice system and the injustices that we tolerate
- 3:17Speaker 3: when we could fix this stuff if we had the will.
- 3:19Speaker 4: To do it.
- 3:20Speaker 2: So, the Tommy Willard Carl Fontina case had a profound
- 3:23Speaker 2: impact on me as a writer.
- 3:25Speaker 1: You know, Steve John Grisham's right in this case, the
- 3:28Speaker 1: truth really is stranger than fiction. This is one of
- 3:31Speaker 1: the most bizarre kinds of false confessions you can imagine.
- 3:34Speaker 4: This case is fascinating because it is about a dream
- 3:39Speaker 4: that is converted by police officers into a confession. Cases
- 3:43Speaker 4: like this are extremely.
- 3:44Speaker 1: Rare, right, I mean, how many dream cases do you
- 3:46Speaker 1: know about.
- 3:47Speaker 4: I've studied hundreds of false confessions and maybe there's a dozen.
- 3:51Speaker 1: Of them to our listeners. If you haven't heard this story,
- 3:54Speaker 1: get ready, it's an incredible one. If you have read
- 3:57Speaker 1: John Grisham's book or seen the Netflix series, we have
- 4:00Speaker 1: some new developments to share with you.
- 4:02Speaker 4: Because attorneys at the Center on Wrongful Convictions, the organization
- 4:06Speaker 4: You and I Codirect have uncovered new information that makes
- 4:11Speaker 4: it clear that Tommy Ward is innocent, but.
- 4:14Speaker 1: He's still in prison. He's been there for thirty five years.
- 4:17Speaker 1: He needs to come home now, right now. Tommy's story
- 4:25Speaker 1: starts in the town of Ada, a rural Oklahoma community
- 4:29Speaker 1: of about seventeen thousand people. It's a Bible belt town
- 4:32Speaker 1: where the churches are full but the factories are empty.
- 4:36Speaker 1: In Aida, poverty can sometimes make justice seem like a
- 4:40Speaker 1: faraway dream. In nineteen eighty four, Denise Harroway was one
- 4:45Speaker 1: of Ada's seventeen thousand people. Denise was twenty four years old,
- 4:49Speaker 1: a petite, blonde woman who'd recently gotten married. She was
- 4:53Speaker 1: enrolled in college and helped pay tuition by working the
- 4:56Speaker 1: evening shift by herself at mckinellly's convenience store, but when
- 5:01Speaker 1: customers walked into mcinally's at eight fifty pm on April
- 5:04Speaker 1: twenty eighth, they found an open cash register and no
- 5:08Speaker 1: attendant in sight. Denise had vanished. There'd be no sign
- 5:13Speaker 1: of her for a year and a half. Ada police
- 5:18Speaker 1: started investigating Denise's disappearance, and right away they suspected foul play.
- 5:23Speaker 1: A customer who'd been at mcinally's earlier that evening told
- 5:26Speaker 1: police he'd seen Denise leave the store with a strange
- 5:29Speaker 1: man who drove her away in a pickup truck. Police
- 5:33Speaker 1: also spoke to a female clerk at a different nearby
- 5:36Speaker 1: convenience store. She reported that a few hours before Denise disappeared,
- 5:41Speaker 1: two men came into her store. They were rowdy, she said,
- 5:45Speaker 1: and kept buying alcohol. They made her nervous. She gave
- 5:49Speaker 1: the cops some rough descriptions, and a police artist made
- 5:52Speaker 1: two composite sketches. In terms of evidence, that was it.
- 5:57Speaker 1: No one knew what happened to Denise. There was no body,
- 6:00Speaker 1: no sightings, no nothing. Police showed the composite sketches on
- 6:04Speaker 1: TV and asked for the public's help. Dozens of tips
- 6:08Speaker 1: were phoned in a few callers thought that the sketches
- 6:11Speaker 1: looked a little bit like a twenty four year old
- 6:14Speaker 1: Ada man named Tommy Ward.
- 6:17Speaker 4: Now.
- 6:17Speaker 1: The Ward family was poor. They lived on Ada's South Side,
- 6:21Speaker 1: in the part of town that everyone knew was on
- 6:24Speaker 1: the wrong side of the tracks. Growing up, there were
- 6:26Speaker 1: eight kids in the house. Tommy was number seven. Everyone
- 6:30Speaker 1: children included was expected to pitch in to keep the
- 6:33Speaker 1: lights on and the rent paid. The older kids would work,
- 6:37Speaker 1: the younger kids would spend hot Oklahoma summers walking along
- 6:41Speaker 1: the highway searching for empty beer cans that they could
- 6:44Speaker 1: turn in for a five cent deposit. The Wards were
- 6:47Speaker 1: a law abiding family. When Tommy was a teenager, he'd
- 6:50Speaker 1: been arrested a few times for petty crimes like public drunkenness,
- 6:54Speaker 1: but nothing serious. The idea of him suddenly kidnapping Denise
- 6:59Speaker 1: Harroway was pretty crazy. Despite this, police brought Tommy in
- 7:03Speaker 1: for questioning just a few days after Denise's disappearance. Tommy
- 7:08Speaker 1: told them he had nothing to do with Denise. In fact,
- 7:11Speaker 1: he said on the night she disappeared, he was at
- 7:13Speaker 1: a keg party out of town twenty five miles away.
- 7:17Speaker 1: Police released Tommy and tracked down some other partygoers, several
- 7:22Speaker 1: of them confirmed Tommy's alibi, but police also caught wind
- 7:26Speaker 1: of a rumor that had been spreading around town. Tommy
- 7:30Speaker 1: supposedly told others at the party that he'd done something terrible.
- 7:35Speaker 1: That one word was apparently enough to make the cops
- 7:38Speaker 1: think that Tommy had killed Denise. They bring Tommy back
- 7:43Speaker 1: to the station months later, on October eighteenth, nineteen eighty four,
- 7:46Speaker 1: for what would become nine hours of interrogation. Who killed
- 7:52Speaker 1: that girl? Did you kill her? You thought she was pretty,
- 7:55Speaker 1: didn't you. The questions come fast and furious, but Tommy
- 7:59Speaker 1: still denied having anything to do with Denise's disappearance. He
- 8:03Speaker 1: reminds his interrogators of his alibi, but they administer a polygraph.
- 8:08Speaker 1: They falsely tell Tommy that it proved he'd been lying.
- 8:11Speaker 1: That's when the interrogation turns nightmarish. Tommy tells the cops
- 8:16Speaker 1: that maybe he failed the polygraph because he was nervous.
- 8:19Speaker 1: In fact, he says, knowing he was a suspect in
- 8:22Speaker 1: this case had upset him so much that he had
- 8:25Speaker 1: a bad dream. Tell us about your dream, the police say,
- 8:29Speaker 1: and Tommy does. In the dream, Tommy was out by
- 8:33Speaker 1: Ada's local power plants, sitting in a pickup truck with
- 8:37Speaker 1: three people he didn't know, two men and a woman.
- 8:41Speaker 1: One of the men tried to kiss the woman and
- 8:43Speaker 1: Tommy told him to back off. Then Tommy said he
- 8:46Speaker 1: wanted to go home. You're already home, the man answered. Suddenly,
- 8:51Speaker 1: Tommy was standing at his kitchen sink trying to scrub
- 8:54Speaker 1: a dark liquid off his hands. The cops pounced. They say,
- 9:01Speaker 1: matches the facts of the case. There's a pickup truck
- 9:04Speaker 1: in your dream, and we believe Denise was kidnapped in
- 9:07Speaker 1: a pickup truck. It doesn't make sense to say this
- 9:10Speaker 1: was just a dream. They say. You know what does
- 9:12Speaker 1: make sense, you and these other two men killing Denise.
- 9:18Speaker 1: So where did the story in Tommy's dream come from?
- 9:22Speaker 1: Turns out a few days before this nine hour interrogation,
- 9:25Speaker 1: police had briefly talked to Tommy, and during.
- 9:28Speaker 4: That questioning, the police officers said to Tommy, use your
- 9:33Speaker 4: imagination for just a moment. This girl was taken out
- 9:37Speaker 4: of a grocery store at night. Two guys come in
- 9:41Speaker 4: and got her, and they'd gotten a pickup and they
- 9:44Speaker 4: drove away. A beautiful girl like that. Maybe they raped
- 9:48Speaker 4: her before they killed her. That is a direct quote
- 9:52Speaker 4: from these detectives. The police officers had planted the core
- 9:57Speaker 4: ideas of this crime in Tommy's mind, including the pickup truck,
- 10:01Speaker 4: which remember as a detail that a witness had already
- 10:04Speaker 4: told them about, and Tommy began to have nightmares about
- 10:08Speaker 4: the story the police told him.
- 10:11Speaker 1: The interrogation continues for hours. Police tell Tommy he'll get
- 10:15Speaker 1: the death penalty if he doesn't confess to killing Denise. Eventually,
- 10:19Speaker 1: Tommy caves. He starts changing his dream to include what
- 10:24Speaker 1: the police tell him. In his dream, he says he
- 10:27Speaker 1: did recognize the other guys. They were two eight of
- 10:30Speaker 1: men named Carl Fontaneau and Odell Titsworth. He dreamed that
- 10:35Speaker 1: they'd robbed Mcanelli's together, that they'd kidnapped Denise and raped
- 10:39Speaker 1: her in a pickup truck. They stabbed her in the
- 10:42Speaker 1: dream too, he says, and left her body in a
- 10:45Speaker 1: culvert by the power plant. After nine hours of this,
- 10:49Speaker 1: police bring in a video camera. According to Tommy, they say,
- 10:53Speaker 1: time to cut the dream. Bullshit. This wasn't something you dreamed,
- 10:57Speaker 1: it was something you did.
- 10:59Speaker 2: Tommy. You have the power plant where nay share? Why
- 11:06Speaker 2: did you go to the para plant It's worth and
- 11:09Speaker 2: pulled over.
- 11:11Speaker 1: Tommy finds himself repeating the whole story on camera, not
- 11:14Speaker 1: as a dream, but as cold hard reality.
- 11:18Speaker 4: It was the first person in the door.
- 11:20Speaker 2: Did he have any weapons?
- 11:23Speaker 4: They told me that he was going to kill her.
- 11:25Speaker 5: That's where got out.
- 11:26Speaker 2: To you understand how serious this investigation is.
- 11:30Speaker 1: Incredibly, the police have transformed Tommy's dream into a murder confession.
- 11:36Speaker 4: Let's talk a little bit about dream statements. You know,
- 11:39Speaker 4: there comes a point in every interrogation where the police
- 11:43Speaker 4: officers have tried to get the suspect to confess, and
- 11:48Speaker 4: the suspect just says, well, I have no memory of
- 11:52Speaker 4: committing this crime, or I can't help you. I wasn't there.
- 11:57Speaker 4: And then either the police officers suggest to the suspect
- 12:01Speaker 4: have you had any dreams about this case? Or the
- 12:05Speaker 4: suspect will suggest on his own accord, you know, I
- 12:08Speaker 4: have had some dreams about this And what that does
- 12:12Speaker 4: is it gives police officers something to exploit. It allows
- 12:17Speaker 4: the conversation to continue, and the police officers end up
- 12:22Speaker 4: converting what was a dream into a confession.
- 12:26Speaker 1: During Tommy's videotaped statement, the only lingering reference to any
- 12:31Speaker 1: of this being a dream comes at the very end.
- 12:34Speaker 1: Is there anything else you want to add? Police ask him.
- 12:37Speaker 1: I thought it was just a dream. Tommy quietly says he.
- 12:42Speaker 4: Always thought that the police officers would recognize this is
- 12:47Speaker 4: not reality. Go out investigate the case, and you're going
- 12:52Speaker 4: to find out that this is all a bunch of horseship.
- 12:57Speaker 1: Based on his so called confession, Tommy Ward found himself
- 13:01Speaker 1: in jail, charged with capital murder, and the investigation that's
- 13:05Speaker 1: to come, well, horseshit is exactly the right word.
- 13:20Speaker 5: I was stationed on an aircraft current when my sister
- 13:22Speaker 5: called and started telling me that they got Tommy for this.
- 13:26Speaker 4: It was not a good day.
- 13:28Speaker 1: That's Melvin Ward, one of Tommy's older brothers. He was
- 13:32Speaker 1: in the service when he found out that Tommy had
- 13:34Speaker 1: been arrested, and he flew back to Ada right away.
- 13:37Speaker 5: I did not believe it. I thought, well, you know,
- 13:40Speaker 5: he's going to get awf on this because I know
- 13:42Speaker 5: he didn't do it. It's not Tommy's character to do
- 13:45Speaker 5: something like this.
- 13:46Speaker 4: He was not a bad kid.
- 13:48Speaker 5: He'd never heard anybody. He'd stayed out of trouble other
- 13:51Speaker 5: than a few public drunks. Tommy would have been the
- 13:55Speaker 5: kind of person that if somebody was attacking this lady,
- 13:58Speaker 5: he would have been there to protect her.
- 14:00Speaker 4: That's Tommy.
- 14:03Speaker 5: Tommy did nothing for them to go after him like
- 14:06Speaker 5: they did, other than we living on another side track.
- 14:09Speaker 5: We was not in the proper society at the time.
- 14:12Speaker 5: They believed that Tommy was guilty and they was going
- 14:15Speaker 5: to pull no stops to get into confess, and that's
- 14:19Speaker 5: not proper police work at all.
- 14:22Speaker 1: Tommy wasn't the only person from the wrong side of
- 14:24Speaker 1: the tracks who got ensnared in this case. Within hours,
- 14:28Speaker 1: police arrest Tommy's dream accomplices, Carl Fontano and Odell Titsworth
- 14:34Speaker 1: and questioned them both. Carl was twenty years old, a
- 14:38Speaker 1: friend of Tommy's who was seriously intellectually disabled and pretty
- 14:42Speaker 1: much alone in the world.
- 14:44Speaker 5: Carl was a nice guy. I know my mom liked him,
- 14:47Speaker 5: and my mom bless her heart, she was a good
- 14:49Speaker 5: judge character. At the time, she was working at one
- 14:52Speaker 5: of the convenience stores down there in Ada, and the
- 14:55Speaker 5: kid would come in and he didn't have much of
- 14:57Speaker 5: the family. She would give him a sandwich from a
- 15:00Speaker 5: the story every now and then and I think Tommy
- 15:03Speaker 5: met Carl by he was sleeping on my sister's front porch.
- 15:08Speaker 5: Tommy kind of took Carl on his wing, and uh,
- 15:11Speaker 5: they become friends.
- 15:13Speaker 1: To understand how Carl's interrogation went down, you need to
- 15:16Speaker 1: know that a few months earlier, Carl had witnessed his
- 15:20Speaker 1: own mother's death. The two of them had been driving
- 15:23Speaker 1: on the highway when their car broke down. Carl's mom
- 15:26Speaker 1: got out and headed for a nearby restaurant to call
- 15:29Speaker 1: for help, but as she was crossing the highway, she
- 15:32Speaker 1: was hit and killed by another car. Carl felt terrible guilt.
- 15:37Speaker 1: He blamed himself for not being the one who'd gone
- 15:40Speaker 1: for help. It was that sense of guilt, along with
- 15:43Speaker 1: his disability, that police used to manipulate Carl during his interrogation.
- 15:49Speaker 1: The police suggested that Carl should make amends for his
- 15:52Speaker 1: mom's death by saying he was involved in Denise's death.
- 15:56Speaker 4: Can you imagine the trauma he must have been experiencing
- 16:00Speaker 4: he saw his mother die. The police officers used that
- 16:05Speaker 4: prior traumatic event to help break down Carl into accepting
- 16:11Speaker 4: responsibility for Denise's death, and he caved much sooner than
- 16:15Speaker 4: Tommy did.
- 16:17Speaker 1: Just like with Tommy. Police took a videotaped statement from Carl.
- 16:21Speaker 1: In it, he agreed that he helped Odell Titsworth and
- 16:24Speaker 1: Tommy Ward rape and stabbed Denise.
- 16:27Speaker 4: Carl, let me ask you this, at any point in time,
- 16:31Speaker 4: did you stab her? No?
- 16:32Speaker 2: I did not, nor did Tommy Odell done all this
- 16:36Speaker 2: day right there?
- 16:38Speaker 4: Did y'all try to stop him from stander?
- 16:40Speaker 3: No?
- 16:41Speaker 1: Carl even said they'd burned her body afterwards.
- 16:45Speaker 2: Who spread the gas?
- 16:46Speaker 4: Odell?
- 16:47Speaker 2: He poured all the gas on her air side and
- 16:50Speaker 2: went threw the match on her and walked out, and
- 16:53Speaker 2: then I asked to burn up on either side.
- 16:56Speaker 1: Based on this confession, Carl Fontaneau was charged with Denise's death,
- 17:01Speaker 1: right alongside Tommy.
- 17:02Speaker 5: Knowing that Tommy was innocent. That made me know that
- 17:05Speaker 5: Carl was innocent. Tommy, it took him almost nine hours
- 17:10Speaker 5: to break him down, and Carl he was a little
- 17:13Speaker 5: bit more acceptible to their interrogation. Now they could higher
- 17:16Speaker 5: in forty five minutes.
- 17:17Speaker 1: But the supposed third guy, Odell Titsworth, well, he's another story.
- 17:22Speaker 1: Odell was a four time convicted felon with experience in
- 17:26Speaker 1: the interrogation room. When police questioned him about Denise. He
- 17:30Speaker 1: doesn't budge an inch. I don't care what Ward and
- 17:33Speaker 1: Fontineau say. He insists I had nothing to do with
- 17:36Speaker 1: Denise's disappearance. Now Odell is thrown in jail anyway, but
- 17:41Speaker 1: pretty soon it becomes clear that he's got a great alibi.
- 17:45Speaker 1: Two days before Denise's disappearance, Odell had an altercation with
- 17:49Speaker 1: the police and they'd broken his arm badly. On the
- 17:53Speaker 1: night Denise disappeared, Odell Titsworth was laid up with a
- 17:56Speaker 1: spiral fracture struggle with a grown woman, hold her down
- 18:00Speaker 1: and rape her, stab her. It was physically impossible. Odell
- 18:05Speaker 1: was cleared.
- 18:07Speaker 5: This is one point I've always trying to wrap around
- 18:09Speaker 5: people's head. If they were not being fed information, how
- 18:13Speaker 5: did both of them boys come up with a totally
- 18:16Speaker 5: innocent man's name. He can't happen, see what I'm saying.
- 18:20Speaker 1: While Odell Titsworth got to go home, Tommy and Carl
- 18:24Speaker 1: weren't so lucky. Prosecutors pressed forward with cases against Tommy
- 18:28Speaker 1: and Carl, even though their confessions turned out to be
- 18:31Speaker 1: wildly different. The confessions didn't agree on who raped Denise,
- 18:36Speaker 1: where she was stabbed, or when she died, and when
- 18:39Speaker 1: it came to the big question where was Denise? The
- 18:43Speaker 1: confessions disagreed there too. Remember, Tommy said they'd left her
- 18:47Speaker 1: body in a culvert near the power plant, but Carl
- 18:50Speaker 1: said they'd burned Denise's body in an abandoned house, and
- 18:54Speaker 1: then they burned the house down too. The authorities checked
- 18:57Speaker 1: out both stories, but they found no sign of Denise
- 19:00Speaker 1: in either the culvert or the abandoned house. In fact,
- 19:04Speaker 1: Carl's abandoned house actually burned down ten months before Denise disappeared.
- 19:09Speaker 1: Their confessions just didn't match reality. In a last ditch
- 19:14Speaker 1: effort to get Carl to clean up his story, police
- 19:17Speaker 1: try something pretty outrageous.
- 19:21Speaker 4: So Carl is sitting in jail, he's just confessed to
- 19:25Speaker 4: this crime, and the police officers go to a local
- 19:29Speaker 4: university and gather a bunch of.
- 19:33Speaker 1: Bones from the science lab human bones.
- 19:36Speaker 4: And they bring this bag of bones into the jail
- 19:39Speaker 4: and they say, we found Denise Haraway's skull where you
- 19:44Speaker 4: said it was, but we can't find the rest of
- 19:47Speaker 4: her body. And Carl can't answer the question. He says,
- 19:51Speaker 4: I wish I could help, but I don't know where
- 19:53Speaker 4: her body is Carl's terrified.
- 19:55Speaker 1: He can't tell him a thing.
- 19:56Speaker 4: I mean, what the fuck is this. I've never seen
- 19:58Speaker 4: this before, Lara, this is just beyond the pale.
- 20:12Speaker 1: Carl and Tommy were tried together on September twenty fourth,
- 20:15Speaker 1: nineteen eighty five. At trial, prosecutors called a mcinally's customer
- 20:20Speaker 1: named James Moyer. Moyer testified that he'd seen someone who
- 20:24Speaker 1: looked like Tommy Ward in the store an hour before
- 20:27Speaker 1: Denise disappeared. That's pretty thin evidence, but the prosecutors had more.
- 20:33Speaker 1: As the centerpiece of the trial, they played Tommy and
- 20:36Speaker 1: Carl's confession tapes for the jury. Prosecutors conceded that, sure,
- 20:41Speaker 1: Tommy and Carl got a lot of things wrong, Sure
- 20:44Speaker 1: their confessions were false when it came to Odell's involvement,
- 20:47Speaker 1: and sure the facts that they seemed to get right,
- 20:49Speaker 1: like the pickup truck, had been fed to them by
- 20:52Speaker 1: their interrogators. But set all that aside, prosecutors said, we've
- 20:57Speaker 1: got proof. They said that Tommy and Carl's confession are reliable,
- 21:01Speaker 1: a real ace in the hole. So what was that proof?
- 21:07Speaker 1: Prosecutors argued that Tommy and Carl's confessions could be trusted
- 21:12Speaker 1: because they both accurately described what Denise was wearing the
- 21:16Speaker 1: night she disappeared. During Tommy's confession, he said Denise was
- 21:20Speaker 1: wearing a button up blouse with little blue roses on
- 21:23Speaker 1: it and lace on the collar and sleeves. Similarly, Carl
- 21:27Speaker 1: had said she was wearing a button up blouse with
- 21:30Speaker 1: ruffles on the collar and elastic on the sleeves. Now,
- 21:34Speaker 1: prosecutors said at the time of the confessions the police
- 21:38Speaker 1: had no idea what Denise had been wearing, so the
- 21:41Speaker 1: interrogators couldn't have fed details about the blouse to Tommy
- 21:45Speaker 1: and Carl. The only explanation for Tommy and Carl's matching
- 21:49Speaker 1: stories was that they had both actually been with Denise
- 21:53Speaker 1: that night. To really clinch the case, Denise's sister took
- 21:57Speaker 1: the stand and revealed that Denise did own a blouse
- 22:01Speaker 1: with blue flowers and a lacey ruffled collar. Also after
- 22:05Speaker 1: Denise disappeared, the sister reported that that blouse was missing
- 22:09Speaker 1: from Denise's closet. Denise's sister said she hadn't told police
- 22:13Speaker 1: about the missing blouse until after Tommy and Carl confessed.
- 22:18Speaker 4: Going into trial, the police and prosecutors have two confessions
- 22:22Speaker 4: that are at odds with the objectively noble facts of
- 22:26Speaker 4: the crime. There's no corroboration of this confession, and it's
- 22:31Speaker 4: filled with errors, But the police have one fact that
- 22:36Speaker 4: is the anchor of their case. The defense counsel had
- 22:40Speaker 4: no explanation for why both Tommy and Carl independently had
- 22:46Speaker 4: described Denise's missing blouse the same way.
- 22:50Speaker 1: That anchor ended up taking both Tommy and Carl down.
- 22:54Speaker 1: On day thirteen of the trial, the jury returned a verdict.
- 22:59Speaker 1: Both men were guilty of murdering Denise Harroway. Shortly afterwards,
- 23:04Speaker 1: the judge sentenced Tommy Ward and Carl Fontana to death.
- 23:08Speaker 5: The district attorney got a conviction on his boys because
- 23:11Speaker 5: the description of the shirt that supposedly no one knew
- 23:15Speaker 5: at the time of their confessions. I knew that Tommy
- 23:18Speaker 5: and Carl was but having tom and Carl both to
- 23:23Speaker 5: say something about that shirt that was a pretty hard
- 23:26Speaker 5: thing to get passed.
- 23:27Speaker 4: These men were sentenced to death on the basis of
- 23:30Speaker 4: a single fact, a description of a blouse. Tommy and
- 23:35Speaker 4: Carl were able to lead police to evidence that they
- 23:38Speaker 4: didn't already have. I mean, these are the kinds of
- 23:41Speaker 4: facts that you and I look at when we assess
- 23:45Speaker 4: the reliability of a confession, Laura, and if police don't
- 23:49Speaker 4: know information and the suspect leads them to it, that's
- 23:53Speaker 4: a red flag for a reliable confession.
- 23:59Speaker 1: How could Tommy and Carl have been wrong about so
- 24:02Speaker 1: many facts yet right about this fact despite it all,
- 24:06Speaker 1: Could they possibly be guilty? It's sure looked that way,
- 24:10Speaker 1: at least at first, decades would pass before we found
- 24:13Speaker 1: out the truth. There's so much more to this case,
- 24:17Speaker 1: more than we can tell you today. So join us
- 24:20Speaker 1: next week as we close our second season, we'll bring
- 24:23Speaker 1: you part two of the story of Tommy Ward and
- 24:27Speaker 1: Carl Fontaneau. Wrongful Conviction, False Confessions is a production of
- 24:34Speaker 1: Lava for Good Podcasts in association with Signal Company Number
- 24:38Speaker 1: one Special thanks to our executive producers Jason Flamm and
- 24:42Speaker 1: Kevin Wardis. Our production team is headed by senior producer
- 24:46Speaker 1: An Pope, along with producers Joshi Hammer and Jess Shane.
- 24:49Speaker 1: Our show is mixed by Genie Montalvo. John Colbert is
- 24:53Speaker 1: our intrepid intern. Our music was composed by Jay Ralph.
- 24:57Speaker 1: You can follow me on Instagram or Twitter at Laura
- 25:00Speaker 1: and I writer, and you can follow me.
- 25:02Speaker 4: On Twitter at Sdrizzen.
- 25:04Speaker 1: For more information on the show, visit wrongfulconvictionpodcast dot com.
- 25:09Speaker 1: Be sure to follow the show on Instagram at Wrongful Conviction,
- 25:13Speaker 1: on Facebook at Wrongful Conviction Podcast, and on Twitter at
- 25:17Speaker 1: wrong Conviction