When Innocence Is Not Enough

Julie and Joel

by Diane Fanning

If your child were murdered and you were charged with committing that homicide but you knew you were not the perpetrator, how do you cope with knowing that your innocence simply was not enough to pull you out of the vortex of a criminal justice system operating in an alternative reality?

Can you imagine anything worse ever happening to a parent?  I can't.

It is what happened to Julie Rea after the murder of her ten-year-old son Joel Kirkpatrick.  She described the intruder in her home.  She suffered injuries that the emergency room doctor said could not have been self-inflicted.  She passed lie detector test.  Law enforcement did not believe her. 

Represented by an inexperienced, court-appointed attorney, she was convicted and sentenced to 65 years in prison.

Initially, I did not believe her, either.  I did not place any credibility in what was said by Julie, her friends, her family or her attorneys.   Then, I heard the prosecutor speak.  He said that there were no stranger fingerprints in the house; that no stranger would come into the house to kill a child; that the violence of the crime proved the perpetrator was someone very close to the child; and that a person does not come into someone's home without a weapon and pull a knife out of the kitchen drawer and use it to kill.

That's when I knew Julie Rea might not be guilty because I'd been interviewing serial killer Tommy Lynn Sells for my book Through the Window.  He did all those things at crime scenes.  I didn't suspect him then but thought someone just like him could have committed the crime. 

When I wrote to Sells about what the ridiculous things the prosecutor said, without any details of names, places or dates, he wrote back asking if the crime was committed a couple days before his murder of Stephanie Mahaney in Springfield, Missouri--maybe on the 13th.  That was how his confession began.  Still, I was skeptical until Bill Clutter, investigator for the Downstate Illinois Innocence Project, found corroborating testimony in the town of Lawrenceville, Illinois.



Julie Rea and Diane Fanning

From that moment on, I was convinced and was determined to do what I could to help find justice for Julie Rea.  The Center for Wrongful Convictions and an extraordinary Chicago defense attorney, Ron Safer, became involved.  Julie got a new trial and was acquitted of the crime.  Just last month, she received a Certificate of Actual Innocence from the State of Illinois. Julie handed me the Defender of the Innocent Award from the Downstate Illinois Innocence Project--definitely the highlight of my career as a crime writer.

Whenever anyone maligns the True Crime genre or is dismissive of my writing, I will always think of Julie and the role my book played in her tragic story.  It is just one example of why I think the genre makes a significant contribution and why I feel compelled to keep writing it.

But still something was missing and that was Justice for Joel.  After his murder, if the sheriff's office would have paid any attention to reports of a suspicious stranger in town, maybe deputies could have found Tommy Lynn Sells before he killed again.  But, instead, they myopically focused on proving Julie's guilt, hid some evidence from the defense and ignored anything that did not fit their theory of the case.

Today, even though the state has completely exonerated Julie Rea, the State's Attorney's Office refuses to investigate further--refuses to find Justice for Joel.

This Sunday night, on the Investigation Discovery channel, at 10 pm Eastern, On the Case with Paula Zahn presents A Mother's Nightmare, the story of Julie Rea, her son Joel and the many people including me, who stood up to find Justice for Julie and Joel.

Throughout the trial of Casey Anthony, Diane Fanning, author of Mommy's Little Girl, writes daily about the the pursuit of Justice for Caylee Anthony on her blog, Writing Is a Crime.

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Darlie Routier: Vicious Mother or Tragic Victim?

by Diane Fanning

Every time a television program involving Tommy Lynn Sells or one of his crimes is broadcast, I receive emails asking if he could have been in Rowlett, Texas, on June 6, 1996--the day seven-year-old Devon Routier and his five-year-old brother Damon died. These questions began within days of the release of my book about Sells in April 2003 and have continued unabated since then.

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The boys were murdered in the middle of the night, Sells' favored time for homicide. Someone had plunged a knife into their chests, puncturing their lungs. A weapon Sells was known to use often.

The boys' mother, Darlie, who had fallen asleep with them on the floor in front of the television, also had wounds. Although hers were not life-threatening, they were definitely beyond superficial. One cut damaged the sheath surrounding her carotid artery but did not sever that vital link to life. With a little emergency care, she was soon able to stand on the front porch in her bloody nightgown and tell her story of the events in her home.

Darlie said that she awakened when the man made physical contact with her. It was

at that moment, she realized her children had been harmed. She fought him off, he dropped his knife, he raced toward the garage. She described him as medium height, dressed in black and wearing a ball cap. After giving her statement, she was taken to the hospital. (above left)

This scenario bore a lot of similarity to the murder of 10-year-old Joel Kirkpatrick and the wounds inflicted on his mother Julie Rea Harper. As a result when an episode about Julie and Joel's case aired on Unusual Suspects, an Investigation Discovery show, a couple of weeks ago, I was deluged with dozens of emails asking once again about Sells' whereabouts.

The similarities went beyond the time of night, the viciousness of the attack, dead sons and injured mothers. In Darlie's case, two unidentified bloody fingerprints were found--one in the house, one in the garage--but prosecution witnesses testified that all the prints found belonged to Darlie or her boys. In Julie's case, investigators found a bloody footprint on a piece of cardboard in the bedroom. It was far too large to be Joel's footprint and even too large to belong to his mother. The prosecutor in Illinois concealed this evidence from the defense.

In both cases, there were items available for DNA testing. In both cases, the prosecutor fought this testing. This is a stance I cannot understand and cannot accept. I've heard all the arguments justifying this behavior, but I am not moved. If it is your mission is to uncover truth and seek justice, should you ever fight learning a fact? No. I expect more from prosecutors--much more.

Both Julie and Darlie were found guilty of murder in the death of their sons--a conviction that if wrongfully rendered was the cruelest fate that could ever befall any mother who loses a child to violence. Julie was sentenced to sixty-five years behind bars. Darlie was given the death penalty.

When Sells confessed to me that he murdered young Joel Kirkpatrick, a door was opened for Julie Rea Harper. I put it in my book and between the work of the Downstate Illinois Innocence Project at the University of Illinois at Springfield and the Center for Wrongful Convictions at Northwestern University, Julie got a new trial. Julie was acquitted and released from jail.

I know, without the shadow of doubt and beyond any concerns, that Julie Rea Harper did not murder her son. I am strongly inclined to believe that Tommy Lynn Sells did commit this crime, just as he said.

As for Darlie, I'm not convinced of her guilt or innocence. I am certain that there are many questions that need to be answered before we can possibly put her to death with a clear conscious.

There is only one thing I know absolutely about the deaths of Devon and Damon--those murders cannot be laid at Tommy Lynn Sells' feet. He was in a penitentiary in West Virginia serving a sentence for assaulting Fabienne Witherspoon, a woman who fought back and survived his brutal knife attack.

If not Sells, then who? The obvious answer is that it could be Darlie. But that is not the only answer. As Texas Ranger Coy Smith once told me: "If you knew how many people like Sells were roaming across the country at any given time, it would blow the skirt right up over your head."

Maybe Darlie did kill her sons. Maybe it was one of those drifters Smith mentioned. Maybe.

Shouldn't that question be answered with certainty before we allow the state to take Darlie's life?

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