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Reading The Innocent Man PDF Print E-mail
  Tuesday, 27 October 2009
Reading The Innocent Man
                                 
Wayne Qian
 
        (中文摘要:《无辜者》是一部纪实性小说。作者约翰 ∙ 葛理希姆化了足足15个月的时间进行调查研究,才开始执笔。小说讲述的是一个冤假错案造成的悲剧。年轻的朗 威廉从小喜爱体育活动,尤其是棒球。在家人的支持下,他在高中读书时终于实现了自己梦想:成为全美棒球大联盟队的一名队员。可惜参赛不久肩部受伤,从此表现不佳。更糟糕的是,虽然比赛成绩不佳,他却学会了酗酒(主要是啤酒和伏特加)。
        郎回到家乡以后,生活开始走下坡路。他到处鬼混,酗酒、跳舞、弹唱(边谈吉他边唱是他的拿手好戏;他常在酒吧表演、从客人那里领赏钱)。当一位酒吧女郎被人强奸、杀害之后,他和一位名叫丹尼斯的好友成了怀疑对象。冤假错案从这里开始。侦查工作做得一塌糊涂,“逼、供、信”样样有份,整整拖了10多年,死者时隔七年还被从坟里挖出,重新做指纹取样(你可以想象那时的指纹成了什么样子,而做指纹检查的人却任意修改结论,使其与检察员的要求相符)。代表监察机构起诉的关键人物更是出奇的自信,只相信除郎本人以外的证人和其它监狱犯人的口供,包括其中一人检举的“朗说的梦话”(此话成了给朗顶罪的关键证据)。朗虽力陈真相,拒绝接受强加在自己头上的罪名,终于锒铛入狱,甚至送进死牢,与死亡擦肩而过。直到最后一分钟才被审理上诉的法官判定重新审理。最后被判无罪释放。他和丹尼斯(他被判无期徒刑)的故事成为全国新闻的焦点:两人甚至在收视率最高的CBS星期日晚上的“60分钟”中接受记者的采访。
        然而,14年的监狱生活,早已把朗摧残成了一个废物:他不仅失去了健康,更成为严重的精神病患者,无法找到一份工作,连生活也不能自理。出狱后数年,朗终于因肝病逝世,年仅50余岁。
        “如果你相信,在美国,在你被证明有罪之前,你是无辜的话,这本书将使你为之一惊;如果你相信美国的刑事法律制度是公正的话,那么这本书将使你怒火中烧。”本书的封面介绍这样写道。一点儿没有错。)
 
             

The Innocent Man by John Grisham is a page-turner, but it is not a detective story or a sci-fi; it is basically a non-fiction that has a gripping plot. Once you start reading it, you will hurry on till you come to the end of the story.

The author spent a total of 15 months researching the case after he read a report in the New York Times on the passing away of the hero of the book who was wrongly charged with a murder and put on the death row by a court in Okalahoma.

And it tells me for the first time that as much as the Untied States is addicted to the law or the rule of law, an absolutely innocent man could go through the ordeal of a mistrial, could be put behind the bars for many years, and could even have a brush with death penalty before he won his reprieve and was exonerated at the eleventh hour.

Such was the case of Ron William, a young athletic man from a small town called Ada in Oklahoma whose dream was to become a big-league baseball player. Thanks to the support of his family, his dream did come true when he signed with the Oakland A’s in 1971. He was even picked by the Yankees of New York and played some games for it. But Ron’s dream turned out to be short-lived: not long after he started to play as a pro, he injured his shoulder. Like most other players, he thought it would be all right soon. But his luck was not with him: he was soon let go.

While playing for the league, Ron developed an addiction to beer. It is hard to say whether this addiction led to his failure, or his failure lead to his addiction; but one can be sure that he returned to his hometown almost a wreck both physically and mentally. He suffered from severe depression and bi-polar disorder, sometimes very depressed and sometimes maniac. For a long time, however, he continued to believe in his sober moments that one day the bell in his home would ring and some scouting agent for a big-league team would invite him again to play. In the meantime, he spent much of his time in the bars, singing, playing the guitar – he was a pretty good guitar player, dancing with girls, and, of course, drinking tons of beer. The girls could be waitresses or strip-teasers.

And so, when Debra Sue Carter, a twenty-one-year-old cocktail waitress, was raped and murdered in her three-room apartment, Ron became a ready suspect along with a friend of his, named Dennis Fritz: the murderers had left some words on the wall hinting that it was two, not one, that had committed the crime.

The local police did an haphazard job of investigation, the lab technicians made use of junk science, and the prosecution, represented by the now Oklahoma attorney general Priest, trusted the testimony of jailhouse snitches and convicts – for instance, what a convict who happened to sleep next-door to Ron said that he had heard him talk in his dream about how he had raped and murdered Debra – and on top of that, the judge who presided over the case was careless in his work. And that’s enough for Ron to be imprisoned for 14 years, transported from one prison to another, altogether 13 or 14 of them, in the meantime being subjected to all manner of insults, ridicules, tortures along with incredibly bad and insufficient food, which caused his early death at the age of 53 (?).

Being a Chinese, I believe that many of the policemen, the detectives, and the prosecutor involved in the case of Ron and Dennis, who was sentenced to lifelong imprisonment, employed all the wrong methods and tools in order to have the jury reach the verdict of guilty and hand down death sentence. Their methods and tools are all too familiar with those of us Chinese who experienced the Cultural Revolution in 1966-76, when lots and lots of people, especially intellectuals were persecuted to death. They included notably obtaining confessions by extortion and establishing them as evidence (逼供信). Conspicuously, what the prosecutor Priest did was first to reach the conclusion and then try to find evidence to support it.and poor job of the police, the insolent attitude of the prosecutor and his arbitrary decision, and the perfunctory and sloppy work of the judge.

To be frank, I didn’t think that was possible in the United States, but now I have to realize that even in this great country, a nightmarish mistrial can happen on account of the “lazy” [1]

According to the author, the many glaring discrepancies in the testimonies at the court, all arranged by the prosecutor, could have been readily detected, especially by those district and federal judges whose job was to review the case when Ron appealed the sentence, including the death sentence. (All death sentences in the US are automatically appealed.) Twice the case reached the Supreme Court, but somehow, twice the appeal was dismissed and the verdict maintained. (I can only assume that the Supreme Court had far too many cases to handle, and so it summarily dismissed the appeal Ron’s lawyer submitted.)

Luckily for Ron and Dennis, there was a group of federal judges who, when reviewing the case of Ron, decided to give Ron a re-trial on the ground that they had found the past verdict of death sentence not solidly supported by evidence. And in the re-trial, Ron was declared a free man. But while he proposed to drop the charges against Ron, the former prosecutor Priest did not admit he had made a mistake, nor did he say a word of apology to Ron and Dennis, whether in private or in public.

The story of Ron and Dennis became the focus of media for a time. They appeared in an interview of CBS, which reported the story in its popular program of 60 Minutes on a Sunday evening.

At the time, however, the case of murder was not yet solved because the murderer was not yet prosecuted. As a result, Ron and Dennis continued to live in fear of a nightly knock on their doors by the police: they could be arrested and put back into prison. That’s part of the reason why Ron had relapses of depression and schizophrenia again and again. I feel so sorry for him every time he was having a relapse.

Dennis, a college graduate who had been teaching biology in a high school before his arrest, was wise enough to read thousands of legal cases while in prison: there was a law library in the prison he lived in. And now, in collaboration with Ron, he brought a suit against the state of Oklahoma and many policemen, detectives, prison wardens as well as the prosecutor Priest. Usually, according to the US law, many of them are immune from prosecution. A prosecutor, for instance, cannot be prosecuted if what he does is purely prosecuting; he can be prosecuted only when he is involved in investigation by illegal means. That’s what Priest did, so it was legitimate to bring a legal case against him.

Anyway, the case was settled without going to the court: the state paid Ron and Dennis several million dollars, a number that is never announced.

But no amount of money could make amends for Ron. He had gone through far too many mental ups and downs in the fourteen years when he was kept in prison. He was a long-time psychopath and schizophrenic. Even at 48, he already looked 60 with white hair. His lawyers often couldn’t recognize him after a separation of a few years.

A few years after he was set free, he died of a liver disease.

On the jacket of the audio book that I spent 12.5 hours reading, there is this passage:

“If you believe that in America you are innocent until proven guilty, this audiobook will shock you. If you believe the criminal justice system is fair, this audiobook will infuriate you.”

How true that statement is!



[1] This is the word used in the book.
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