Mystery Man - Bill Clutter

by Bill Clutter

In June of 2000, I was contacted by an attorney. The lawyer explained that she represented a woman who was the target of an upcoming grand jury "investigation." Her client, Julie Rea-Harper, was a graduate student and Ph.D. candidate at Indiana University. Julie had already lost her child, and now her life was threatened.

Convinced that Julie had murdered her 10-year-old son Joel, prosecutors were planning to seek the death penalty.

For three years, the case of the Joel's death had gone unsolved, but the local sheriff and Julie’s ex-husband singled her out as the only suspect. The crime happened in Lawrenceville, a small town in southern Illinois on the Indiana border.

Julie (pictured below with Joel) described being awakened at 4 a.m. by her son’s scream. She went into Joel’s room, she said, where she was beaten by the man who broke into her home and stabbed her child to death using a knife from the kitchen butcher block. She described him having a “jerky” gait as he fled.

After hearing the news of Joel’s murder that morning, a citizen of Lawrenceville rushed down to the Sheriff’s office to report he had seen a “drifter” in town who was at a local diner. The stranger had made disturbing comments to his eleven-year-old son. “I think I saw your suspect,” he told the Sheriff. The citizen described the drifter as having “real jerky” movements when he walked. But the Sheriff told the witness that he was busy with a murder investigation and disregarded the information. The Sheriff did not even take the time to write a report.

The case of Julie Rea Harper is classic tunnel vision—when police are so locked in on one suspect, in this case, the mother, that they totally disregard other evidence that may lead them to someone else. This crime, after all, happened at the very time when Boulder, Colorado police were pointing the finger at the parents of JonBenet Ramsey. We now know there was compelling evidence that an intruder committed that crime.

Julie’s attorney had been referred to me because she was in need of a private investigator with experience in capital and criminal defense. She had been informed about a new program in Illinois called the Capital Litigation Trust Fund that just went into effect. The Fund was created after private investigator Paul Ciolino uncovered evidence that exonerated Anthony Porter, who was at one time 48 hours away from execution.

Hearing the details of Julie’s description of the assailant, I told her attorney about a drifter by the name of Tommy Lynn Sells who was facing capital murder charges in Texas for killing a child after he broke into a home at 4 a.m.--his M.O. in many other crimes. I told her that Sells would be the starting point of my defense investigation. Sells was known to travel and commit murders in Southern Illinois.

A few months after this conversation, Julie was indicted by a special prosecutor, charged with a capital offense. Julie by this time was unrepresented by counsel because her Indiana attorney was not licensed to practice law in Illinois. So Julie filed a pro se motion requesting the appointment of two capital-qualified attorneys, citing new Supreme Court rules that require the appointment of two attorneys, well qualified and experienced in criminal defense, to represent anyone facing the death penalty.

Prosecutors responded by declaring that they no longer wanted the death penalty—not because they opposed capital punishment—but because their decision made it more likely that they could win a conviction. Prosecutors were willing to abandon their intent on taking Julie’s life because it made the odds of taking her liberty more likely.

Their decision meant that Julie would not have equal protection under the law. State funding that was designed to hire experts, such as my services as a private investigator, were no longer available to her. Two years later, Julie’s family contacted the Downstate Illinois Innocence Project to request our assistance. Our Project was just beginning, and depended on private donors. We had no State funding. Julie had been convicted of Joel’s murder by a jury in Fairfield County.

Although there was no direct evidence she committed the murder, her ex-husband and chief accuser gave testimony that Julie once entertained the idea of having an abortion upon hearing news that she was pregnant with Joel. It was an allegation that should never have been allowed to influence the jury’s decision, and one that Julie vigorously denied. The daughter of a Methodist minister, she was opposed to abortion based on her religious beliefs. However, her attorney did not resist or refute the testimony of her ex. The impact of this emotionally charged testimony on the jury was unfairly prejudicial. The effect it had on the jury is best demonstrated by examining the election results of the 2004 senate race between two African-American candidates: Barack Obama and Alan Keyes. A single-issue candidate, Keyes' one difference was his opposition to abortion. Keyes won Fairfield County with 72% of the popular vote--by the same margin Obama carried the entire state.

Within a year of being convicted, true-crime author Diane Fanning published a book detailing the crimes of child serial killer Tommy Lynn Sells (pictured right). In the book, Sells described killing a boy in southern Illinois after he was released from prison in 1997, as well as his struggle to get away from the child’s mother. The details of his confession mirrored the facts of Joel’s murder.

It was the investigation of our Project that corroborated Sells' confession, leading Texas Rangers to conclude that Sells’ confession was genuine. One would have expected prosecutors and police in Illinois to seek justice when presented with evidence exonerating Julie. But they persisted in trying her again after the appellate court reversed her conviction. This time, with the presentation of the new evidence, she was granted a fair trial. Julie-Rea Harper was acquitted.

In the twenty plus years I have worked as a criminal defense investigator, the greatest satisfaction is being able to witness an innocent client walk out of prison. That satisfaction overcomes the despair one feels in the years of working on these cases, when the word justice seems at odds with what is happening to your client.

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Surviving Death Row in Texas

by Diane Fanning

When Kerry Max Cook sat down beside me at the Best Southwest Bookfest south of Dallas last week, I felt a little spooked. I was on the panel because of the role one of my books played in obtaining a new trial for Julie Rea Harper who spent a couple of years in prison after her wrongful conviction in the murder of her son. Now sitting next to me was a man who sat on Death Row in Texas for more than twenty years for a crime he did not commit. How did he survive? How could anyone survive?

At first, it was like sitting next to a figment of my imagination or a ghost from a haunted house. I was afraid to reach out and touch him as if that might make him disappear into thin air. Nonetheless, he seemed so normal. So warm. So human. What core of inner strength did he possess to make that possible?

Kerry credited the power of forgiveness. He said he couldn’t be free until he freed himself from the hatred and bitterness and forgave those who were responsible for his incarceration.

In June of 1977, Linda Jo Edwards was raped, killed, and sexually mutilated. Kerry was in her apartment a couple of days prior to her murder, leaving a fingerprint on the patio door. It was not enough to prove he was there at the time of the crime—not until an expert witness took the stand at the hearing and lied: "I would estimate that those fingerprints were approximately between six and twelve hours old.”

No one can date fingerprints and that was not the only dishonest testimony. The victim’s roommate told police that the man in Linda's room that night had silvery hair that feathered over his ears. At the time Kerry's hair was brown and to his shoulders. On the witness stand, however, she identified Kerry as the man she saw.

"Shyster” Jackson, facing a second-degree murder charge, testified that Kerry confessed the murder to him.

When Jackson recanted in 1979, he admitted the prosecutors showed him the crime-scene photos to help him create the story of the “confession.” His charge was reduced to involuntary manslaughter and time served.

Kerry was found guilty and sentenced to Death. Investigating Kerry’s case, Jim McCloskey of Centurion Ministries and David Hanners, a reporter for the Dallas Morning News uncovered the prosecutorial misconduct that lead to Kerry's conviction.

When Kerry finally got a new trial on these grounds, in 1992, the judge allowed the state to use tainted evidence but forbade the defense from presenting testimony to discredit that evidence. That jury could not reach a decision.

W new trial, in 1994, was even worse. This time, the respected co-founder of the FBI's Behavioral Science Unit, Robert K. Ressler, was not allowed to testify as an expert witness for the defense to counteract unscientific criminal profiling evidence presented by the state’s "expert."

This time, the jury found Kerry guilty and re-sentenced him to death.

In 1996, the Texas Court of Criminal Appeals overturned that verdict stating that: "prosecutorial and police misconduct has tainted this entire matter from the outset." The justices spoke of "fraud" being used to achieve “a conviction at any cost.” They referred to Prosecutor David Dobbs’ "reckless disregard of the law" in withholding exculpatory information and providing misleading information. They called the prosecution of Kerry Max Cook an "abuse of state power."

Even though the appeals court discouraged any further prosecution, the Smith County District Attorney's office moved forward. They sent the victim's panties to the state lab to get an expert opinion on whether they were cut or ripped from the woman's body. The state lab could not answer that question but they did find semen stains and were able to extract DNA evidence. As a further sign of prosecutorial persecution, the state objected to any delay of trial to wait for the results.

The state’s case, however, was falling apart. In an unprecedented move, they allowed Kerry to plead no contest and maintain his innocence. A month later, the results of the DNA tests were released. The semen did not belong to Kerry. It belonged to James Mayfield, Linda Jo Edwards’ lover, who testified that he had not seen her for three weeks prior to her murder—a man whose dubious alibi was accepted without question—a man with motive. Nonetheless, Dobbs dismissed the possibility of Mayfield’s guilt.

In 2005, police and prosecutors in Smith County lashed out once again, providing to Court TV the evidence the appeals court declared fraudulent. On Body of Evidence, host Dayle Hinman presented Kerry Cook as a guilty man with no mention of his exoneration. Repeated requests to alter the show or drop from the rotation have gone unanswered. The inaccurate episode continues to air in 2008.

Kerry Max Cook amazes me. I’ve interviewed serial killer Tommy Lynn Sells on Death Row. I know the darkness of his mind. I know the spiritual and physical bleakness of that environment. Despite the horrors of his life there, Kerry is a kind and gentle man.

To learn more about Kerry’s experience, read his book: Chasing Justice: My Story of Freeing Myself after Two Decades on Death Row for a Crime I Didn’t Commit. It is a powerful story.

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