IN THE OFFICES OF THE GOVERNOR
AND THE MISSOURI BOARD OF PARDONS AND PAROLE
Roy Michael Roberts, _ )
Applicant, )
)
ve )
)
State of Missouri, — )
Respondent. )
APPLICATION OF ROY MICHAEL ROBERTS
TO GOVERNOR MEL CARNAHAN FOR EXECUTIVE CLEMENCY.
Innocent of the crime for which he was convicted and sentenced to death, applicant Roy
Michael Roberts applies to Missouri Governor Mel Carnahan for an order granting Roberts
executive clemency, or, alternatively, either commuting his death sentence to life without parole,
or staying the execution and convening a board of inquiry.
Executive clemency exists precisely for cases like this. Governors who have previously
granted clemency to inmates with claims of innocence did so based on doubt about guilt.
Coneem about the horrible possibility that their state might execute an innocent man forced each
of these Governors to the same conclusion: mercy must be shown and clemency granted if there
is ae doubt as to guilt.
"While there is guilt for Ronald Monroe, in an execution in this country the test ought not
be reasonable doubt; the test ought to be is there any doubt." - Louisiana Governor
~~ Buddy Roemer, quoted in, J. Wardlaw & J. Hodge, "Execution Halted by Roemer", New
= Orleans Times-Picayune, Aug. 17, 1989.
"I cannot in good conscience erase the presence of a reasonable doubt and fail to employ
» the powers vested in me as governor to intervene." - Virginia Governor L. Douglas
"Wilder, quoted in The Washington Post, Jan. 24, 1992, Sec. D1 (grant of clemency to
Herman-R R-Bassette Jr.)
"The first question I ask in every case is whether there is any doubt about the individual's
guilt or innocence. This is the first case since I have been the governor when the answer
to that question was 'yes’.... I take this action so that all Texans can continue to trust the
integrity and fairness of our criminal justice system."- Texas Governor George W. Bush,
Dallas Morning News, Saturday, June 27, 1998, Editorial, Sec. 24A, story Sec. 12A.
(granting clemency to Henry Lee Lucas).
"There was more than sufficient evidence to show he was guilty, but there were some
questions as far as I was concerned. 1 was able to get some information that I know the
judges and jurors did not necessarily receive. Some of the evidence came in after the
trial.” - Virginia Governor George F. Allen, quoted in, The New York Times, Nov. 10,
1996 (commutation of the death sentence of Joseph Payne).
“My decision finally was reached by some slight tinge of doubt about both the
commission of the crime and the location of the crime.... I’d have to say in the main that
I lean toward the prosecution side. However, as I mentioned, if there's the slightest
doubt, I’m reluctant to have a man executed.” - Idaho Governor Phil Batt, quoted in, M.
Trillhaase, “Batt Spares Paradis’ Life,” The Idaho Statesman, May 25, 1996, p. 1A.
A fair and reasoned examination of the facts of this case must create not just any doubt, but
reasonable doubt as to Roberts’ guilt. We implore Governor Carnahan to have the courage! to
exercise his clemency powers in this difficult and troubling case, lest the State of Missouri suffer
the shame and infamy of executing an innocent man.
INTRODUCTION
Roy Roberts was convicted and sentenced to death for his alleged participation in the
stabbing death of a prison guard, Thomas Jackson, during a July 3, 1983 riot in the state prison in
ik We note that there has been considerable criticism by death penalty supporters of
Governor Carnahan’s commutation of Darryl Mease’s death sentence, following the Pope’s
request for mercy. The Governor’s courageous act in commuting Mease’s sentence out of
respect for the Pope came at a political price. We fervently hope that fear of additional political
fall-out will not prevent. Governor Carnahan from granting clemency in this much more
deserving case. —— :
Moberly, Missouri, the Moberly Training Center for Men.” Roberts was never accused of
stabbing Jackson. Roberts was accused and convicted based on testimony that identified Roberts
as the person who restrained Jackson during the riot while other inmates stabbed and murdered
Jackson. The murder occurred in the midst of the bedlam and confusion caused by over thirty
rioting inmates. Roy Roberts has always maintained his innocence.
All of the surviving guards, that could identify who stabbed Jackson, identified Rodney
Carr as the stabber. Carr was convicted of capital murder but received a sentence of life
imprisonment, rather than death. Another inmate, Robert Driscoll, was also convicted and
sentenced to death for stabbing Jackson, but Driscoll’s conviction was reversed in 1995 after it
was discovered that the prosecution had misled the jury into believing that the dead guard’s
blood was on Driscoll’s knife, when in fact no such blood was present. See Driscoll v. Delo, 71
F.3d 701 (8th Cir. 1995). Driscoll has yet to be retried for the crime. Thus, Roberts is the only
person under sentence of death for the crime, even though he is the /east culpable, even under the
State’s version of the evidence. This disproportionality pales in comparison, however, to that
which arises if, as we contend, Roberts is indeed innocent of the crime.
Roberts’ claim of innocence is supported by three main points. First, the initial
statements of all the eyewitnesses against Roberts at trial failed to describe or mention Roberts
as being near Officer Jackson, much less holding Jackson while he was stabbed. The failure of
2 Roy Roberts was originally sent to prison as punishment for an armed robbery
conviction in 1979. A columnist for the St. Louis Post-Dispatch, Bill McClellan, recently
interviewed a man who claimed to have committed that robbery, Carl Harris. After reading the
robbery trial transcript, McClellan concluded in an article published on February 21, 1999, that
Roberts may well have been wrongly imprisoned in the first instance.
3
the eyewitnesses to identify Roberts initially raises grave doubts about their later testimony
against him. Roberts, a 300 pound behemoth, should have been impossible to miss while
allegedly restraining Jackson in a headlock and crushing him against a wall and door frame as
Jackson was repeatedly stabbed. Despite the glaring omission of any identification of Roberts
by each of the eyewitnesses against him in their initial statements, Roberts’ counsel failed to
cross examine all but one of those eyewitnesses on that omission at trial. The negligence of
appointed counsel thus precluded the jury from learning that the eyewitness identifications of
Roberts, the only evidence against him, were thoroughly suspect.
Second, no physical evidence ties Roberts to the bloody scene of Jackson’s death, where
Roberts’ allegedly restrained Jackson in a headlock while he was stabbed in the eye, heart and
abdomen. Though the guards were on the lookout for bloody clothes, and indeed confiscated
such clothes from Robert Driscoll, Roberts’ clothes were scrutinized after the riot, but were not
confiscated because they were not bloody.
Third, on February 19, 1999, to prove his innocence, Roy Roberts took a polygraph (lie
detector) test, administered by a well-respected, retired Kansas City police officer/polygrapher.
Despite being under the stress of a warrant for execution, Roberts passed the polygraph. His test
results showed “no deception” in his answers denying involvement in the murder, including ,
specific denials that he was holding the victim during the stabbings.
All attempts at relief in the courts have failed. An appeal for clemency to Governor
Carnahan is Roberts’ only hope.
DOUBTS ABOUT ROBERTS’ GUILT AND THE POSSIBILITY. THAT HE IS
INNOCENT COMPEL THE EXERCISE OF THE GOVERNOR’S CLEMENCY
POWERS TO PREVENT ROBERTS’ EXECUTION.
A. THE “EYEWITNESS” IDENTIFICATIONS AT TRIAL ARE
INHERENTLY UNRELIABLE AND SUSPECT.
At Roberts trial, four witnesses testified in the guilt phase that Roberts was holding
Jackson when Jackson was stabbed. Three witnesses were guards, Denver Halley, Robert
Wilson and Wayne Hess, and one was an inmate, Joseph Vogelpohl. At first blush, four
eyewitnesses might seem like a strong case for guilt. The facts are otherwise.
As set forth in greater detail below, each of these four witnesses gave initial statements
shortly after the riot which omitted any mention or description of Roy Roberts. The inability of
anyone to identify Roberts as the inmate who restrained Jackson in the two weeks following the
riot is particularly troubling, given Roberts’ easily recognized size at the time of 300 pounds.
Further, and of great significance to the fairness of Roberts’ trial, his appointed lawyer, Tom
Marshall, failed to question these witnesses, save one, about their prior incorisistent statements.
The jury was led to believe that the eyewitness identifications of Roberts were far more reliable
and trustworthy than was in fact the case.
Before addressing the specifics of the eyewitnesses failure to describe or name Roberts
initially in their individual statements, it is worthwhile to put the scope and extent of the murder
investigation in perspective by examining the summary report by the Department of Corrections’
internal affairs investigator, Mark Schreiber. Two weeks after the riot, Schreiber submitted a 17
page internal investigation report of the murder. That memo does not mention Roy Roberts. The
report confirms that nobody knows who, if anyone, was holding Jackson while he was being
stabbed. The DOC’s report on the riot, dated July 18, 1983, is telling in its omission of any
mention of Roy Roberts, and in its suggestion that hypnosis be used to identify more suspects.
Schreiber’s report concluded that additional participants might not ever be identified, because of
difficulties in identifying any other assailants of Officer Jackson, other than, of course, those
mentioned in the Supplemental Report, inmates Driscoll and Carr. Schreiber’s conclusion bears
reprinting in its entirety here, as it underscores the completeness of the investigation to that point,
makes the candid assessment that no further suspects were likely to be identified, and
significantly undermines the credibility of the subsequent identification testimony against
Roberts:
Conclusion
Every investigative effort has been and is being made to determine the identity of and to
bring to justice the individual or individuals who are responsible for the death of CO/1
Thomas Glen Jackson and the subsequent assaults upon other correctional officers at
MTCM on July 3, 1983. Due to the number of inmates who were intoxicated and who, to
varying degrees participated in the riot, the full extent of the number and identity of those
involved may never be known. The greatest obstacle which has hampered ongoing
investigation thus far has been the inability of potential eyewitnesses to remember
anything as to the identity of the officers’ assailants. This is not to say that the officers
have not honestly made such attempts. The hard facts are that when one is fighting for
life itself there is no time to sit down and take notes.
It was suggested by Sgt. L. Dale Belshe that perhaps it might be beneficial if the officers
involved were to be placed under hypnosis if they are willing. I feel that such an
investigative procedure might be of benefit. Sgt. Belshe has indicated that he is willing to
make the arrangements.
A continued effort will be made to identify any individual who was involved in the acts
of violence which took place on July 3, 1983. The important factor in an investigation of
this magnitude is not who or what agency receives the credit but that agencies working
together as a single effective investigative unit do all that is possible within the realm of
police science to solve the problem for the benefit of all concerned.
Memo to W. David Blackwell from Mark S. Schreiber, dated July 18, 1983, Re: Supplemental
Investigation - MTCM Incident of July 3, 1983, at p. 7 (emphasis added). Memo Attached as
Exhibit A.
Roberts je never denied that he was involved in the riot and engaged in fisticuffs with
prison personnel. Officer Kroeckel testified that he and Roberts fought in a fist-fight in the
control center, Trial Transcript (“TT”) at 243-45. This Roberts did, along with 20-40 other
inmates, many of whom have presumably served their sentences and are now walking the streets
of Missouri. See TT at 240 (testimony of Officer Kroeckel that 20-30 inmates were fighting in
the control center); id. at 317 (testimony of Officer Hess that 25-40 inmates involved); id. at 372
(testimony of Officer Humphrey that 30-35 inmates involved).
What Roberts did not do was hold Officer Jackson while he was being stabbed and
thereby prevent Jackson’s escape from whatever murderous inmate was stabbing him. Many
inmates testified that Roberts did not restrain Jackson. They are not alone. Officer Kroeckel
acknowledged that Roberts fought with him, and agreed that he did not see Roberts holding
Jackson. TT 245.
The testimony of four people convicted Roy Roberts of the crime for which he is
sentenced to die. Examination of their initial statements and comparison to each person’s trial
testimony reveals how radically different the trial testimony is. Clearly, the witnesses in this
case got their story “straight” over time and aimed it directly at Roy Roberts. Such “evolving”
testimony is inherently suspect and raises serious doubts of Roberts’ guilt.
Captain Denver Halley was the ranking officer during the riot. He testified at trial that
from a foot away through the glass window, TT 254, he saw Roberts hold Jackson “by the arm
7
and also by the hair of the head and keeping him right up against the door casing.” TT 256.
Halley testified that “while Roberts was holding him, I would see Jackson jerking and blood
getting all over him.” TT 257. Halley further testified that when Halley attempted to rescue
Jackson, Roberts let go of Jackson to hit Halley, and thereafter, Roberts re-took his hold on
Jackson. TT 257-58. Excerpts of Halley’s trial testimony are attached as Ex. B.
After the riot, Halley wrote a report that night. TT 269; Transcript of Rule 27.26 Motion
Hearing (“PCR TR”) at 29. Excerpts of Halley’s PCR TR testimony are attached as Ex. C.
Halley’s signed report, dated 3:17 a.m. on July 4, 1983, is attached as Ex. D ( originally marked
as PCR TR Ex. 11). At the time of the riot, Halley knew Roberts. PCR TR 36, Ex. C.
Moreover, he later described Roberts as standing out “like a red rose in the Sahara desert.”
Deposition of Denver Halley in the Robert Driscoll case at 9, excerpt attached as Ex. E.
Despite Roberts’ great size and the specificity of later trial testimony, Halley failed to
mention Roberts in his initial statement on July 4. Ex. D. Halley identified only a mob of
inmates, no individuals, and stated that “they” were holding him. Jd.
They [Goodin and Kroeckel] arrived at the steps leading out of the wing with this inmate,
and he went to hollering and [at] that time approximately 35 or maybe 40 inmates came
running to us. They grabbed Officer Tom Jackson first and had him up against the door,
and approximately, I would say, 12 or 14 inmates were trying to come out into the
Rotunda. Officer Goodin, Officer Wilson, Lt. Kroeckel, and myself -- Captain Halley --
we went to fighting these inmates. a number of them were armed with iron bars and
knives. I attempted to help Officer Jackson get away from the inmates. They were
holding him and during this procedure, I was knocked down twice, plus was hit in the
arm with a pipe. I heard Officer Jackson holler and I finally managed to drag him out.
He was bleeding profusely and I dragged Officer Jackson across the Rotunda and knew at
that time that he was dying.
Ex. D, Statement of Denver Halley dated July 4, 1983 (emphasis added).
Sixteen days later and two days after DOC Internal Affairs investigator Mark Schreiber
submitted his report, Ex. A, Halley submitted an investigation report identifying Roberts for the
first time as “one of the inmates” holding Officer Jackson. Ex. F, Halley statement dated July
20, 1983.
Two days after the DOC report acknowledged that no more inmates were likely to be
identified, Halley selected the biggest and most noticeable inmate to have been in the riot and
suddenly implicated him as one of the persons holding Roberts. The evolution of Halley’s
testimony had begun. That evolution continued and culminated with Halley’s trial testimony, in
which he stated that Roberts, alone, was holding Jackson.
Correctional Officer Robert Wilson likewise testified at trial that Roy Roberts held
Jackson around the neck, TT 296, and that Roberts was the one preventing Jackson from getting
away. TT 299 (Wilson trial excerpts attached as Ex. G). Wilson’s initial statements are far
different:
Officer TG Jackson, KF Goodin & DL Kroeckel went in B wing and brought out
a man who was intoxicated.
As they was bring the man out the door about 30 t 40 inmates busted out the wing
door after us. I grabbed one inmate by the head and was hitting him. He came out with a
knife and cut me on the left hand. Then (S) went for officer T.G. Jackson. At this time
Officer Humphrey hit him with bat & (S) went down.
The other inmates drug back into the wing.
By then I was fighting with anoughter (sic) inmate & the other officers got the
wing locked down. ,
Ex. H, Wilson Statement, dated 2:30 a.m on July 4, 1983. Obviously, there is no mention of
Roberts in this statement. Nor is there any mention of Roberts in Wilson’s next statement, which
i
is much more complete and states in pertinent part:
As they were bringing the drunken inmate out of the wing approximately 35 inmates
tushed us. Inmate Rodney Carr # 38428 rushed out the door toward myself. I grabbed
inmate Carr around the neck from behind and started hitting him with my flashlight. He
pulled a shank and cut me across the left hand freeing himself from my grip. Lunged
forward approximately 3 feet sticking Officer Jackson in the chest area. At this time
Officer Hess grabbed inmate Carr and they began to scuffle. Carr got in behind Hess and
stuck him in the right shoulder. Officer Humphry hit inmate Carr behind the head with a
ballbat knocking him to the floor. Carr then dropped the shank as he fell. At this time an
unknown inmate hit me in the right shoulder knocking me to the floor. as I was getting
up I picked up the shank that Carr had dropped and stuck it in back of my belt. Inmates
began dragging Carr and other inmates back into the wing giving us enough time to get
the wing doors shut and locked. Myself, Officer Kroeckel and Halley placed Officer
Jackson onto a stretcher [illegible] to the prison hospital. Officer Humphry Lt. Kroeckel
and a inmate accompanied Officer Jackson to the hospital. Capt. Halley and anew
officer by the name of Dillon ran to the administration building to get shotguns and more
help. Myself, Officer Goodin and Officer Hess stayed back to hold down the house.
Inmates from all four wings were hollering, breaking glass and preparing to come into the
Rotunda after us. After approximately 10 minutes Capt. Halley, Officer Dillon and Lt.
Arney returned with shotguns. The order was given for the inmates to return to their
cells. Some of them did, most did not! At this time Capt. Halley & Lt. Amey & myself
began firing into the wings & the inmates ran for their cells.
Ex. I, Wilson statement, dated July 10, 1983. More than two months later, Wilson’s statement
was virtually the same, still without any reference to Roberts. Ex. J, Report of Officers Merritt
and Ullery dated September 13, 1983 (previously identified as PCR TR Ex. 6).
Wilson admitted that he “knew” inmates Carr and Roberts. Ex. K, Robert Wilson
deposition in Robert Driscoll case at 5-6. Yet despite this knowledge and Roberts’ large size,
Wilson named only Carr and failed to identify Roberts in either of Wilson’s initial statements.
Wayne Hess, too, failed to identify Roberts in his initial statements. He gave two
statements, one dated July 4, 1983, Ex. L, and another dated July 9, 1983. Ex. M. In the July 4
statement, Hess stated that “three or four inmates had ahold of his [Jackson’] head and tried to
pull him back into the wing.” Ex. L, p. 3. Hess was “right beside him,” but Hess did not know
any of those inmates. /d. Hess only remembered Carr and affirmatively stated that he did not
10
remember any other inmates that were directly involved in the incident. In the July 9 statement,
Hess states that “some of the inmates had Jackson in a headlock.” Ex. M, p. 2. He then went on
to say that the next day he had been shown photos of inmates, “one I remember was Carr, I think
Driscoll, Batey or something like that, and one other I don’t remember. I looked at one picture
of Carr and I stated this was the man who done the stabbing.” Ex. M, p.3.
Hess’ failure to identify Roberts in these statements is particularly significant, because
Prosecutor Finnical admitted in the Rodney Carr trial that Hess was shown a photograph of Roy
Roberts before Hess went to the line-up on July 4 Ex. N, Hess testimony from trial of Rodney
Carr. Thus, Hess failed to identify Roberts as an inmate who restrained Jackson in a statement
made shortly after Hess was shown Roberts’ picture on July 4, Ex. L, and again on July 9. Ex.
M. The prosecution attempted to hypnotize Hess to bolster his memory, Ex. O (PCR TR Ex. 3),
and still he did not identify Roberts. Ex. O at 6, 12. Hess could not identify Roberts in Hess’
initial statements, notwithstanding that he admitted that he knew “Hog” Roberts as the largest
man in the wing and knew him by that name. Ex. P, Hess’ 27.26 testimony at 16-18.
Nevertheless, Hess’ testimony at trial was very specific, alleging that Roberts, a man he
had “seen around” before and who weighed “about 300 pounds,” had Jackson “in a headlock and
Tom Jackson couldn’t get away to defend himself.” TT 305. Given these circumstances, Hess’
trial identification of Roberts is particularly dubious.
Inmate Joseph Vogelpohl was the only other witness who identified Roberts in the guilt
phase as the person who restrained Jackson while he was stabbed. Vogelpohl, too, was unable to
identify Roberts initially. In Vogelpohl’s initial statement on July 4, 1983, Ex. Q, he totally
failed to mention Roy Roberts. Despite his later claim to having witnessed Jackson’s murder, all
lk
he said in his initial statement was that: he’d seen Robert Driscoll assemble a knife in his cell;
then, while near the rotunda from five feet away he say Driscoll “punch at” Officer Jackson; and
finally, he’d returned to his cell, where Driscoll also returned and said to Vogelpohl that Officer
Jackson “had got stuck.” Ex. Q. In his statement Vogelpohl announced that he was making a
statement so that he wouldn’t “take the rap” for the crime. Jd. In his subsequent statement to
Officers Merritt and Ullery on October 3, 1983, Vogelpohl stated that Driscoll and John Bolin
were the inmates who stated that the inmates should stop the guards from taking Jimmy Jenkins
out of the wing, and that Bolin said “let’s rush them.” TT 341. Vogelpohl also wrote a letter to a
friend, Dewitt Burns, saying that he heard that Ed Ruegg, not Roberts, had held Jackson. TT
335,
At trial, however, Vogelpohl’s testimony turned on Roberts. First, he stated that Roberts
had been the person who suggested that the inmates should “rush” the guards. TT 326-27. Then
he stated that Roberts had stopped Jackson at the wing door, TT 328, and that he had seen
Driscoll stab Officer Jackson while Roberts held him. TT 329. Excerpts of Vogelpohl’s
testimony is attached as Ex. R. Vogelpohl’s evolving testimony should be seen for what it was,
an attempt to evade “the rap” for being in a riot five feet from the murdered guard, and an
attempt to curry favor to get paroled early.
Thus, by the time of trial, the State presented four witnesses in the guilt phase? who gave
relatively unambiguous, chilling testimony that placed Roberts at the scene as the one and only
3 One rebuttal witness in the penalty phase, Michael Dunn, testified that from his
position in the upper tier of A-wing, he saw Roberts hold Jackson in B-wing, while Driscoll
stabbed him. TT 696-98. Dunn has since recanted that testimony. See Ex. S, Affidavit of
Richard S. Hays.
12
person restraining Jackson. The dramatic change in the specificity of these witnesses from the
time of the riot until trial, in which their stories coalesced and “matured” into adamant certainty
that Roberts restrained Jackson and was the sole person to do so, by itself, teats significant
questions about Roberts’ guilt. The changes in testimony are too dramatic to be believed and
seem to confirm the rumor that Prosecutor Finnical was out to get “three for one,” no matter what
the cost in terms of integrity or reliability. The questions raised by the changes in testimony
creates a reasonable inference that the State of Missouri may be intending to execute a man who
may well be innocent.
B. NO PHYSICAL EVIDENCE CONNECTS ROY ROBERTS TO THE
MURDER OF OFFICER JACKSON.
No physical evidence connects Roy Roberts to the murder of Officer Jackson. It is
uncontroverted that Roberts did not have a weapon. Despite the extensive amount of blood
spilled by Officer Jackson, there is no evidence of any blood on Roberts or his clothes. It defies
belief that Roberts could have restrained Jackson as described by the adverse eyewitnesses, and
not gotten blood on himself.
Roberts was described as having Jackson around the neck, TT 296 (testimony of Wilson),
in a headlock, TT 305 (testimony of Hess), and “by the arm and also by the hair of the head and
keeping him right up against the door casing.” TT 256 (testimony of Halley). The bleeding from
Jackson was profuse. Halley described it as “while Roberts was holding him, I would see
Jackson jerking and blood getting all over him.” TT 257. The blood was “all over the front and
side of. Jacksons shirt” and was “very, very obvious.” TT 258. Halley said that Jackson looked
like a “butchered hog.” TT 281. Jackson’s shirt looked like “solid blood.” TT 375 (testimony
13
of Officer Humphrey). Given Roberts’ supposed close contact with Jackson and the amount of
spilled blood, Roberts should have been soaked with blood,
After prison guards quelled the riot, the inmates were locked into their cells. TT 266
(Halley testimony). Thereafter each room was searched, and the inmates were personally
searched. TT 267. Robert Driscoll’s clothes were collected from his room and analyzed because
they appeared to be covered with blood. See Driscoll v. Delo, 71 F.3d 701, 707 (8th Cir. 1995)
(blood analysis conducted on the recovered knives, Officer Jackson’s clothes, “and the clothes
worn by various inmates, including Driscoll, on the night of the riot”). Notably, Roberts’ clothes
were not saved, tested or ever offered into evidence against him.
The fact that Roberts clothes were not tested or confiscated directly correlates to the
absence of blood on them. At the time of the riot, Willie Dennis was a major at the Moberly
prison. On February 20, 1999, Dennis spoke with Roberts’ investigator, Richard S. Hays of the
Federal Defenders of Eastern Washington and Idaho. Major Dennis told Mr. Hays that he
arrived at the prison within an hour of the death of Officer Jackson and relieved the guards that
were involved in the initial disturbance. Major Dennis acknowledged that he supervised the
removal and transfer of inmates from their cells in Wing B who were thought to have been
involved in the riot. Major Dennis acknowledged that he supervised the removal of Roy Roberts
from his cell, and that he saw no blood on Roberts. Major Dennis further stated that he would
have confiscated any article of clothing or other item for evidence, if blood was on it. Affidavit
of Richard S. Hays, attached as Ex. T. Major Dennis’ claim that he was looking for blood on
clothes is corroborated by the record of confiscated clothes in this case. See Driscoll v. Delo, 71
F.3d at 707.
14
The absence of blood on Roberts’ clothes raises serious questions about his participation
in the murder of Officer Jackson. The likelihood that the witnesses are correct in their
description of Roberts’ alleged restraint of Jackson is highly improbable.
Cc. ROY ROBERTS PASSED A POLYGRAPH TEST THAT INDICATED
“NO DECEPTION” WHEN HE DENIED INVOLVEMENT IN
JACKSON’S MURDER AND DENIED RESTRAINING JACKSON
WHILE JACKSON WAS BEING STABBED.
To prove his innocence, Roy Roberts insisted upon, took and passed a polygraph (or lie
detector) test on February 19, 1999 at the Potosi Correctional Center while under a warrant of
execution set for March 10, 1999. Despite the stress involved in taking a test under those
conditions, Roberts’ test results were clear: “no deception” in his denial of involvement in
Jackson’s murder.
Donald I. Dunlap, A.C. P., administered the polygraph test. Mr. Dunlap retired after
thirty years with the Kansas City, Missouri Police Department. Dunlap served as a polygrapher
for the last 24 years of his service with the Kansas City Police Department. He spent nine years
as a full-time polygrapher, followed by more than 15 years as Chief Polygraphist of the
department. Since Dunlap’s retirement in 1985, he has worked in private practice, presently
under the name of Don Dunlap & Associates. He is a highly respected polygrapher who has
continued to work for law enforcement, such as the Benton County Sheriff's Department, as well
as the Missouri Public Defender’s Office, and various private attorneys. His — is attached
as Ex. U.
The polygraph report of the Roberts examination on February 19th is attached as Ex. V.
i
That report reaches the following conclusion:
15
It is the opinion of the polygraphist that deception was not indicated in this person’s
polygraph records when he answered the following questions as indicated:
1. When Jackson was being stabbed, were you holding him in any way?
Answer, No.
2: When Jackson was being stabbed, were you holding him by the hair?
Answer, No.
3% Just before Jackson was stabbed, did you pin him against a door casing?
Answer, No.
4. While Jackson was being stabbed, did you have any physical contact with
him? Answer, No.
Ex. V, Letter Report of Don Dunlap & Associates to Bruce D. Livingston, dated February 20,
1999, Re: Roy Michael Roberts Polygraph Interview.
The U.S. Supreme Court recently addressed the admissibility of polygraph evidence in
the military courts. United States v. Scheffer, 118 S.Ct. 1261 (1998). The Supreme Court
recognized the trend toward admissibility of such evidence, 118 S.Ct. at 1265-66, though the
Court declined to recognize a constitutional right to present polygraph evidence based on a lack
of consensus within the lower courts on the reliability of polygraphs. Jd. In dissent, Justice
Stevens compiled the evidence on the reliability of polygraphs:
There are a host of studies that place the reliability of polygraph tests at 85% to
90%. While critics of the polygraph argue that accuracy is much lower, even the studies
cited by the critics place polygraph accuracy at 70%. Moreover, to the extent that the
polygraph errs, studies have repeatedly shown that the polygraph is more likely to find
innocent people guilty than vice versa. Thus, exculpatory polygraphs -- like the one in
this case -- are likely to be more reliable than inculpatory ones.
Scheffer, 118 S.Ct. at 1276 (Stevens, dissenting) (footnotes omitted) (emphasis added). Like the
re
defendant in Scheffer, Roberts, too, passed the more reliable polygraph-- an exculpatory one. See
16
Scheffer, 118 S.Ct. at 1276 n.22 (compiling studies that show exculpatory polygraphs to be more
reliable than inculpatory polygraphs).
The polygraph that Roberts passed was reliable not only because it was exculpatory, but
also because the examination was administered by a respected, experienced, former member of
law enforcement, Don Dunlap. As the chief Polygraphist for the Kansas City Police Department
for over 15 years, Dunlap’s qualifications are impeccable. As a former police officer, Dunlap is
decidedly unlikely to be inclined to favor an accused guard-killer through questionable
interpretations of the test results. Dunlap’s finding that Roberts passed an exculpatory polygraph
test is powerful additional evidence that Roberts is innocent of the crime for which he has been
sentenced to death.
Clemency proceedings have turned upon polygraph results previously. Virginia
Governor Douglas Wilder would have granted clemency to Roger Coleman in 1991, had
Coleman passed a polygraph test. J. Tucker, “May God Have Mercy: A True Story of Crime and
Punishment,” W.W. Norton & Co. (1997), at 280-81, 300-01. When Coleman failed to pass the
polygraph, Governor Wilder declined to intervene. /d. at 312. Coleman’s polygraph was given
under extreme circumstances, hours before his scheduled execution. Jd. at 305-14. Though that
test, which was inculpatory, suffered from more significant reliability concerns than Roberts’
exculpatory polygraph, it provides precedent for considering polygraph results in making a
clemency decision.
Given the greater reliability of Roberts’ exculpatory polygraph, one must have serious
doubts about his guilt. Roberts’ polygraph result strongly supports his claim of innocence and
provides Governor Carnahan with yet another reason to intervene in this case.
17
CONCLUSION
In conclusion, Roberts implores Governor Carnahan to stop the execution scheduled for
March 10, 1999. Roy Roberts deserves clemency, and at least commutation or a board of
inquiry. The State of Missouri must not proceed with this execution. The possibility that
Roberts may be innocent is too real. Allowing Missouri’s machinery of death to continue to
operate, wheeling an innocent man on a gumey to the execution chamber in Potosi, is too
horrible to contemplate -- the ultimate miscarriage of justice. This application for clemency
raises doubts about Roberts’ guilt, significant doubts. Those doubts cry out for Governor
Carnahan’s intervention and mercy. Let not Missouri be the State that knowingly executes an
innocent man.
We urgently and respectfully request that Governor Carnahan halt the execution of Roy
Michael Roberts.
Federal Defenders of Eastern Idaho and Washington
Capital Habeas Unit
Buice ) wanasilae
By: Bruce D. Livingston
201 North Main St.
Moscow, Idaho 83843
208-883-0180
Leonard J. Frankel
Frankel Rubin Bond & Dubin, P.C.
231 S. Bemiston, Suite 1111
Clayton, Missouri 63105
314-725-8000
18
TNO
CA TEUEER SS STATE OF MISSOURI
Pe SEPARTMENT OF CORRECTIONS
ANO HUMAN RESCURCES
Seesion Of ADULT INSTITUTIONS we Rae
ele Diracter,/
Pa
oe ~
Op <a a :
S. Schroibér, Chier Internat Affairs off
Sussicmental Luvestigation - WTCM Incident of Suly 2,193:
July 3, 1933 at aporcximately 11:00 o.m., I received
@ call at my residence from Cale Riley, Assistance e
£ Adult LIascitutions, Zona II. Mr. Riley relatee to
tween 10:00 and 10:30 p.m. on that Gat2 a serious
e had taken place at Missouri Training Center for Man.
red 2 corrections officer had been i
ban everal others had been injured. y,
tha t to the institution as soon as sessibdle
in tigation.
AG anos mately 12:30a.m. on July 4, 1983 Mr. George Lomtar
Assista Dissector, Zone I, and I arrived at the toberly iase
gees a contacted other officials already soresent. fa the
eosen £ Cari tihice, Superintendent, J. M. Jones, Assistant
s ndenet of Program Services, served as Chief Administrator
2 nitucio oon our arrival we wer2 escorted to the
[oy Lo. Ra nd Neweerry, Investigator for the institution.
Ss ther ind Suals unknown to us were located in Lc.
he s offic
A a orief ravi session during which the evants of the
d bance were dated for our benefit, this invescigsctor a
w troduced t t.L.O0ale Belshe cf Troop 38. Missouri Stace us
i Hi yr Cavrot. Balshe is an ives e2gacor tor atest .
o on o€ oh: - Also present during the intital contact
: fo] vod, i933 vid Blackwe iL. Director, Divisicn of
ee ares 7
| ere tere on
|
G Fi
mode
illed
cost K
Jackson,
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lson,
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» Halley, C
Denver
cos
(3)
1922
May 9,
Ss and
cruises to arm.
ultiple
head
“
¥
+O
received &
medical resort
uries
and
ecformad an autopsy o
pa
fo}
a the
and an estadli
Or
Misscuri
™ OO
hed
certificate
death
i
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July 4
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acely
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Robert
a U aes
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July 4, 1983, ¢
Denald F. Kroeckel. g
e@aring to te oslood cn the unit
D Ba Thep
sustained by Lt.
en of stains aos
reximately 2:0
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ace
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Metet oO Rea
July 1a, 193%
MTC Susplemental investigation
Page 5
innerviow with Beatty, he stated hag
eo
doin the riot of July 3, 19383. He state
e the tine and had seen drinking within us cre
According to Beatty he gust thought the o
wera in a fight when the trcougle started aid
nad approximately four or five big cups rine
rier ce the riet. He stated that he dic not know how tha blosg
ct on aim. tle thought serhaos it had come from a small cut ag
his chin. Seatty stated chat he would take a colygraph cr ese
test to crove that he had not harmed any officer during th
disturbance. The interview with Beatty was chen terminatad,
y 7:27 a.m. on July 4, 1983, an interview
with inmate Edward Ervin Rueag, #45477, 003
vember 1963. The interview with Ruegg was conducted i
the i ators office at MTCH. Prior to ceing interviewed
Sdvised of his constitutional rights as per the ‘Mirando.
oy this investigator. A standard orinted wiranda rights
waiver of cights was used for the gurgose. Ruesg
ed that he understood each of his constitutional rights
2 would waive each right and answer questi ons ragacaing
igation. Ruesg signed the Miranda rights form and waive
sence of Sat. Belshe and reporting investigator.
hed dusing his oral convermtion..thac on July 3, 1333,
a arous other inmates were drinking homemade alcchol in
Rausing unin #2. Ruead Lived in S-wing. Ruegg stated that shert
afters the 9:09 e.m. ceunt, two cfficers came into housing x
23 and artampced to remove inmaca Jimmy Jenkins, who was ne
Revers Oriscoil's celimace. Jenkins and Oriscoll lived
housing snit 23, cell #410. According to Ruagg, Officer
Jackson was one of the cfficers attemscing to remove Jen:
Ruesg related that Jankins had a piece of steel rod which
had obtainad from cell 3393. Jenkins, according to Ruegg, a
tha rod in his 5 evening. For what ssecific ourscse
is unknown. ms tecame intoxicated, he removed the
rod and threw it under his bed. Ruegg stated that several inmate
including himself dropped their pants and “shet the moon” at
the officers.
Ruegg said thac in his epinion half of the ho
drunk. Rue¢g continued oy stating that inmat
unit stated that there would be no trouble “i
take anyone to jail. is we prees rush f es: .
killing them." This s according to Rucgg, mace oY
an inmate knewn and ide: or Bolin, #42144. So0lia, <7
according to Rucga, was kesman for the inmates on July 3,
1983.
ywwestigatiana
SSat Sa
er
°
io]
S:
agOMut og
ud UL a
yuo ws AO
Boum wo
wer bow mw >t
° 4 Ord 0 INO baer
souNy oOo oc
you THINK
cor 90m oo
Ort NIH oO AO
Meta co OU
wou nny tt do
So hy Ortw
o goaovnoud
3 wt OMe
wos eed YOY
yo ae
4
C
¥
Bs
not ve
otserved
s
was
ade
he h
an by Ruegg,
length and was mace o
gi
in everall
ot
we)
Q
re
uv
¥)
nf
“a
yw
Uv
v
v]
st
»
0
is)
La
1)
J
oa
3"
ed
c
gators tha
a
re)
n
ory
oa i}
ionally,
te. Addi
and
Fa]
view da
i)
ata
weet
no moO Ow
ide
the
xson an t
acksoa sev:
c.
3
fell ins
ked the wounded Ja
Jackson
cer
, 1983,
were beli
as Oriscoll rushed at’
stabbed Officer
and
sige
July 4
who
oO
S
“
g the
f2
itacion,
hesi
3°
c
who staobed
BS
sual
cer Jackscen on
ce
questioning,
when someone,
cus
SSNS.
fermacion
te
sta
the evenings
was conducted
additional i
clier
mate Edward Ruegg
c
ssary arte
ed to verify Ruegg's ea
that on
ah
ot
$s
wh
was nec
1
Sa
OSs So.
cot
his
£
advised o
same,
phe
Ruegg was
uel
wv
u
uU
0
ee]
z
oO
ew,
re uv tS
9 cum wG u dh 0
a. oc 3 -t og ca ob Mes
ot vungnno At a 0 wo Longo
ao Og 3 ee ro omgouounted
uM oct rand VoOuUys VD BY tc
1a Cl OOM avert Lay vou eny
OM ot guc$ a o> uv ol Eun OMe ao ..
FO Yt 2 ce Cu Oo lagu uo @
Eso Ort woggnn Wouc ov 2 Ole ow
oh OTH LS ecdort ws was “aU Wi]
SUZ Vy Got hounus o cCeucsd CGE
- ga st Mad a dont VUrPEVOUM eA
Udell -QagU yg vO CAOCOK*A CHUM DO
9GCHUE SY Cup gon OKxd hvu caow wo
wooecuGcu ad Vey vo wud ta OE >
At > AV DECUNY voo OB wetett
Jungs loan Ca) VALU Od oy vn
. Bott 2H OV AD OME at WeEwu ho sD
U nduoq cou vu ud 0 O0RA OUT UO
o nugac AOGO Ad 0 & IeVvuRvauy Ew
= ge on UD ot Ly tert (gow cu g Wyo be
O) Hoswte te Dovoun ov vnungd wHoany
‘a og aUVoDsS ouvauHe cnvo S&UVUGHYUD
> gs -oo oan 0-4 Dd A QU Ot a DN
u Looqudagad cceaxrud Ahocoasy Gut ov
co) ve gouuc ODD” WE CAvUtetg Cee
ie] Q-r wv ° le WSS a vow Sao.
¢ 20 0 0 1 ot wg av Od Lagevovwwn & Li sek
al Baw - ow mau yg weg OU GV Ort OE
th A WA os at ot u roan wet Orv wa
o a) Enter i?) wn one of wo uw 1U >
5 nce ne wscao & uv cod ad nao dIvugn
2 Quo st ced Mod Used Ret Da gus aAUuvoCuUc oc
e ! O Er a Gu a Go aM A unto ZrVvacvotgosd
a cw ou cao ' tot a am vo wet O aA get
tp SOU ad AUA BuNYan oD vom honoun nw
ay A At ‘4 = a> UO oy Oo bow u 9 Cc
a nueupev gM”e ga OU DE od rig 9 ONODVLDYI
a DOUGE Lod "0 MS ao sOUVHKGTAQ wuy
WY Obl woe von M yg Gc, vo 90 29 LO
mf AGanUMS uy wc cot at Av unduub vw o0o0 Ga
S 2 et yoo Cort vw ac gor gyoooa oun
tH YCAW Ut Lois Urrdt Broescusyn nw
Gay cart “oo on w oa ew ret Oe OU
a GG, UO> won Gk fe} n@ ha heed gquVvcanron sd
a : tk wet 49 WC oat. 0 Ge Det us
a ame) nu te ou sO @ Wet Os
z wo wig fe) VACUA LU OADM
ar CP gy om c We OH 4 O74
ni ns Aet - Mw dU DCO Whee
aon a ws vO MODY YO berth
es Aen fc fo UO
: Le ee] vo “uHN Oo cHauv
wD a Oo: € wueoo as
5) MUONndv Aah oun
font 7 tt Caw uw o
¢ Qo a
t oO
tactcos.
ad.
line-up
Oud
utilised sy che investigators,
Oo
th
was conducted
eric $ at angrox-
de, YO « @ interview was conducrad
te, Sugerintendent, NTCH. The intecviaw
ng otficer. ‘Officar Hess areaucaces to
ers to which were recorda vila shorthand
lerk-Steno [II, MTCH.
entinued to state that inmate Rodney Carr
cer Jackson's death and fer the assaut:
roto the statement of Officer Yass Far
elated during the interview.
23 at agnroximutely 10:12 a.m., an interview was
hh immate Rodney 8. Carr, #38428, COB Octster 10,
tecview with Carr was conducted in the investigazs
a cffice at MTCH. Prtor to tei ang interview Lasace
ca sea of his constitutional righ as gert randa
de Carr was aavised of his rights oy resorting Stic
Sgn. C. tale Selshe, NSHP, and Sill Armentrouc, Assistan ards
“Missour. Stace Penitenciary, were also presen. Inmate Carr r2
the standérad Miranda rights form and waiver of rights after he
4 been ad from tne same. Carr acknowledged that he
25S of his conscitucional rights, was willing c
i C would answer estions directed to him. Cars
w wO spaces provided. Resorcing
XH witnessed the signing sy inmate
t. Belshe did not sign as a
tecause he forgot to sign ia
investigator did sign in soth
a he beginning of the interview, inmate Carr vas extramely
& t and emotional regarding the events which had taxen glace
£ grevious night. Carr stated numerous times that ne had sot
s bed any employee or anyone even though he was being accused
ef it. Several times, inmate Cars oroke down in tears and cried,
maintaining tnat he had aot stabsed any officer as alleged sy
Gflicer Hess.
at this time, iavastigacors informed Carr that no one was going
to harm his ond that if he was not resgonsible for the officer's
homicide and the assaults on ether officers, everything would te.
done Eoin a tagal standsoine to oreve that he was innocent. Trls
seemed to have a positive affect on Carr who started to settle
dowa.. Lavestigators then a Carr to be honest in his state
and the situation would work out for the best. Carrs then rel
the fFolluwiiys information.
en es BC Co
ware a
rao
2 OW
ow
Mw Ol
AUS
c
Ty
w
me
ii ea eel
eon tt
OWN ist
"4
n
feu ot
2 Ot eg
ww Get ae ©
wld e
eH
Ow fs
io
a
iv
a
roe
ey
o
rag
Dens
a
oprAnANH
Ven aw
ree
~
agen
rae
on the evening of July 3, 1983, he aga
had teen drinking in Sousing tunic #23.
beea Grinkir juzce wine and
cated. At around 106:C9 to 10:30 o.n,
eRe ane regarding ae intoxicated
gZicers =O remove inmate
ho L m Robert Sriscoh
c was stand gr talking to Ain
we locxing The officer
nded "Secause he is ae « zc stated that ne
he officer to whem he was talking; however, he
caucasian, tall, and had brown hair anda
sing to Carsr, as the officers apgscached the
xias larc2 ¢ roup of covaces cushed then,
1 the inmates incenzed
area by tha men.
t he did sot see anyone stab an officer becau
was gushed into the loboy he was siruck on
arzr's head was bandaged at the time of th
cios.)
c what he was wearing cn July 3, 1983, C:
ot remember for certain, however, he tho
t-si or no shirt at al Woen asked
& with «white trim orc siping, he
shed what he knew about Robert Oriscoll, Jenkins'
elated that Driscoll's nickname was “Rabbit”.
acsroximately two weeks orior to July 3, 1983,
Robert Driscoll make a nomemad2 knife froma
he HTCH sign shoo. Carr related that to the
he weercn was aposroximately seven or aignte i s
ad a orown wood acesraéing to Carr, gee
at he was going @ weason when he was rete
California ia future for court.
the interview with Carr, he was shown the
the possession of Lt. Newberry as the aes
to Kill Officer Jackson. The weapon was
Eromasteel cule and had a brown wooden
ins apgearing to be blood were on the weagen.
€ inamata Joha Bolin, #42144, and another unidentif:
sudjects who told the others to charge the offica-:
Re intox:caced iamates did rush the officers and
an away. Aleng with the officers, Carr was gushed
wot oO: \cu
oa mu wo &
& toon at Bt
: . at a
"10 . ion ould m ABU
ar Qtr a Od cu : abel ow wi sm eEUee
tit gt +200 [ole] cis Baud gyog
wD eke wows oA vy c HS OAUUE
on Qu Wau » SHO MDS z vo ™
eR Ont OO 9 wt CO vugnuny
os UOArtyw FO WON VY Bed an Yum
syd a Uber Hg ho “0 vu n bod sO
ek Cet yIaooOo ° Eagu he Oe
4 OO Ua y+ UO Ogvtuu a 3M W bert ad
cu oA fed wooacu Weel Od OW wt YM Beet ead
ato MW SO Od Art ood W> tun c > OF
Eon wo Oo ob ute cvoo AM Cort
abet O ovgd -EaO Oe WM 4 biG Ore OU +
20 oO unoku Mes wo cQO uoacw
Sef tuc“wonvg AO Rw was cy gvoudu
ouvacn ovo um 0 aan .Cu uo
VERA wnoc. VIOUS er u Guest OF
7 ME ‘on Og too 0 sor HO
nous uuUHoOoo dA CG Eac a 9
wur% os oom wum bw ome ANA OO
ocvov vin o Word YOO con
wo oo BIN MID RPebnn th Ot my a
Gow hoe et be GG ee 0 CG
‘ «tN O Mort Ovtet oct 2 O neta
C ve YOU s wn -a O° wk
“4 on co gn worst yoc at
3 " to. “1 mara sou uo oO
DW Ae OM ss Set mhOG eA ae
c Cow beet fa bent G Oued rmobub
9 } Atl re) i] wtp & 290 a) vO 0D
Ee 3 ta Om> 29 uF 20 Ket M9 > ee es)
vw ua ta Cat oa HEM ott aod Bg sooudan
KI Au gaoge hooMdVdPOY BRERAL Eo dacd 7
t us] u SUtlEO - vy hvu vy Pot ae oad qu
is i bw Hud Hn Uso Mtoe Cua we nn
rs 9 gousgunuIA HD Het > NYO 20 0 oot sw
0 Q CRVDVH GDYUCM, GB eget wes eet Itz
g zo UuD PYVHNDH Yor F sONv CVC aow
ms & HO vennyn DGUDE MW CAA UD dO0b-7 F
c ° >ert 30 ER YU OM OWE bt va mw eu
ss Aud au GVM GY ad oS bart Oe et ID vu nao
is} OTOHU MMHG to WM ut BY we Cu ow
“4 C Bu Geet be 3 Oo gownsonw
q ics] AAU O WK WG Ot
bd Uv vouunw ws ooo Ro @
af cl oeLknhoc nO Ow
te aguaoar au Vet cS =
Ok . Avo G OG
oad mts ao ag Mowat y
eae wy he neg H oO
£ Q Uwe moe oO
Hue WOO G ge Det O del
C ecag ot Gd
a) od ow thn ay
rs] fon Oke a:
Wak Oo. U ogoacd
Sem be 12 OF Coot a) aU NOot
thet my L2G OO wert t
UhUEHOSY you gcunwy
gators signed the form as witnesses
sagecscodd each cf Ais rights ana na
he and answer questi rosacdin:
7
L = i
= s Sota SL
2 i momadu hain the housing
unis on tated that ac around 9:29 om. on
Joby 4, entered the tunic in an attemot to
setths < in said that a group of inmates
stascod yelling c&scenities at hin Bolin
said tha eatty was “running his head" and
hasassin m admitted that he was among those
who were zcblems; however, he denied actuall,
causing the officer.
here was tension in the housing unit between
Bolin mentioned specifically inmace
nmace with considerable influence. @cnane
ng investigator as he was assigned to N52
ate Tim Rutledge, a caucasian i y
Ray eDS) proolems with Scaner wit
oy the nickname “Boso*, stated =
ousing tnit when the troudle oro
up o iamates did rush the officers
a a inmate Eroem the nAcusing unit.
whea aszed to name t intoxicated inmate, Bolin said that he
theugne if was —_- Jimmy Jenkins. However, he was not certain
Bolin stated that Jenkins and his cellmate, identified as Roser:
“Radhit" Driscoll, were blowing on Horace 3onner and that trouble
would have develcped between them. According to Jolin, Jenkins
and Oriscoll are active members in the orison organization know
és the “Aryan Beotherhoci". Bolin denied being associated w
the organizacion himself. He said that he could not say who
stad fficers. He stated that he had not and ne also
denied being the inmate who told the others to charge or rush
the 9 Bolin did indicate that he would oe willing &
taxe Ly A examination to verify his statements and non-
involverent The intecview with Bolin was then terminated. —
It shoul be noted that Bolin was later transferred to NSP in
Jefferson City. Ue was given a polygragsh examinatioa at Trocp F
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E vestigative effort has been and is being made to
e @ the idencity of and to oring to justice the indivi-
as indsviduals who ara .responsible for the death of CO/i
Thom Gien Jacxsan and the sudsequent assaults upon other
corr ional officers at MTCH on July 3, 1983. Due to the numcec
oe & tas who were intoxicated and «no, to varying deerees,
Sarticisaced in the riot, the full extent of the aumber and
igenaciey of involved may never Se known. The greatest
tecle who has hampered ongoing investigation thus far
been the inability of potential eyewitnesses to remember
ning as to the identity of the officers’ assailants. This
ot to say than the officers have not honestly Made such |
mons. Tha hard facts are that when one is fighting for
itseli there is no time to sit down and take notes.
sS suggested by Sat. L. Dale Belshe that perhess ict might
necictal if the officers involved were to be glacad
hysaosis if they are willing. T feal thet such an
nigative gorocedure ght se of benefit. Sct. BSelshe
indicated that he is willing cto make the arrangements.
A cons effort will be made to identify any individual wake
was involved in the acts of violence which toak place on July 3,
4923. Tho imsortanc factor in an investigation of this magnitzuse
is mot who or what agency receives the credit but that agencies
working together as a single effective investigative unit do ell
that is aossible within the realm of police science to solve
the sroblem for the tenefic of all concerned.
There will te no attempt in this orief report to
underlying causes of the events of July 3, 1933.
addressing thes2 issues has already been submi
Lombardi, Assistant Director, with extensive inpuc
investigagsc. . #
HMSS:¢a
eylalat
sheet
observed Tom Jackson standing where you put the X and the T.J.?
A. I came inside here and I stepped over here so I could
try to observe and which I did observe through the glass, the
inmates.
Q. Now, can you put P.S. where the prisoners were all
rushed on the flag area as you saw as you were looking out?
A. All rushed in this whole area including the doorway.
Q. At that point after you went around the partition, had
the prisoners began to edge out into the rotunda control center
area?
A. Yes. This group had come up here,some had already
managed to get into the rotunda area.
Q. Now, retake your seat.
A. (Witness complies.)
Q. Sir, from your perspective on the other side of the
glass within the control center area, as you saw Tom Jackson
being held can you describe to the Ladies and Gentlemen of
the jury the manner in which he was being restrained?
A. They had him by the arm and by the hair of the head
and had his head twisted completely around holding him right up
against the door casing.
Q. Okay. If the door casing -- the glass wasn't separating
you, how far would you have been from where they were holding
him up against the casing?
A. About a foot.
254 .
Q. As you were observing through this glass area, what were
you trving to do?
A. I tried to reach around and get hold of Officer Jackson's
shoulders trying to pull him around because he had already been
knocked away and this was the only alternative at that particular
time that I had.
Q. Now, sir, I ask you -- I am directing the jurors attention
now for the record to State's Exhibit 15 and ask you to step
down here.
A. (Witness complies.)
Q. This is the doorway pictured on Exhibit 15, is that right,
on Exhibit 8?
A. Yes.
Q. This door is wide open?
A. It is wide open.
Q. You were standing on the other side of the partition?
A. Yes.
Q.. And you reached around over the glass panel, is that
right?
A. That's right.
Q. To try and --
A. Try and get ahold of him.
Q. As you reached around the glass panel trying to get ahold
of Tom Jackson, what, if anything, happened to you?
A. I got hit.
255
Q.
A.
Q.
Where did you get hit?
In the jaw.
When you were looking zhrough the glass, did you
recognize anybody holding Tom Jackson?
A.
Q.
A.
Q.
I did.
Who did you recognize?
An inmate by the name of Roberts.
Do you see inmate Roberts in the courtroom today?
Sitting over there at the table.
Next to --
Next to Mr. Marshall.
MR. FINNICAL: Your Honor, may the record reflect
the witness identified the Defendant, Roy Roberts.
THE COURT: It will so reflect.
You indicated Tom Jackson was being restrained by the
arm and holding his hair?
A.
Q.
Yes.
In what manner was the Defendant restraining Tom Jackson
in the hallway?
A. I didn't understand you.
Q. In what manner was the Defendant restraining Officer
Jackson?
A. Had him by the arm and also by the hair of the head and
keeping him right up against the door casing.
Q.
Did you see any other inmates out there close to Tom
256
Jackson that you knew or came to know?
As Yes. Rodney Carr was over to the right.
Q. Any other inmates? :
A. Mercy, I can't remember his name here. Well, I can't
call the name.
Q. Can you describe him?
A. He was a smaller fellow. I would say a hundred and
fifty (150) pounds or sixty (-60), somewhere along there,
maybe fifty-five (-55), five foot four (5'4").
Q. Did you see this fellow doing anything to Officer Jackson
as the Defendant was holding him?
A. No. The only thing that I could see was when this other
person was behind Officer Jackson which while Roberts was holding
him I would see Jackson jerking and blood getting all over him.
Q. Did you make another attempt after getting your hands
knocked away to get him out?
A. Yes. I made two or three more attempts.
Q. On one of the attempts, did you actually enter into the
door area to get Tom Jackson out?
A. I did. I tried and got knocked down again.
Q. When you tried the second time to get hold of Tom Jackson,
who stepped in the doorway and knocked you down?
A. The Defendant.
Q. At the time he hit you, was he also holding Tom Jackson?
A. Turned loose of him and took the second hold on him.
25:1
Q. When did he take the second hold of him?
A. I was down on the floor.
Q. When you took hold of «he door facing there was a jab?
MR. MARSHALL: Object, leading.
THE COURT: It is a little leading.
Q. How many times did you see the Defendant let go of Tom
Jackson and regrab ahold of him?
A. He held him on the initial first time and turned loose
of him and then grabbed him a second time.
Q. When you reached in’the second time to grab Tom Jackson
into the rotunda area, describe his shirt?
A. It was completely red with blood all over the front and
the side.
Q. Was it hard to recognize it was blood or easy?
A. Very easy.
Q. After you were knocked down by the Defendant, he regrabbed
ahold of Tom Jackson?
A. He regrabbed him.
Q. After he regrabbed ahold of Tom Jackson the second time
did you see anybody else making stabbing motions toward Tom
Jackson while Roberts was holding him?
A. Rodney Carr was making a stabbing motion toward him.
Q. You say the blood on the shirt between the two times you
were hit was obvious?
A. Very, very obvious.
258
24
25
borderline. I just didn't take time to count everything and
write everything. Your life was on the line and you had to.
Q. After you went back to the Administrative Building, after
the riot was suppressed, did you have occasion to write a report?
A. Yes.
Q. How long a report did you write?
A. A very short report because I was the highest ranking
officer at the institution at that time. No one else had
reached there yet. We had law officers coming in from everywhere
I was answering the telephone calls and answering questions and
a short one was all I got. I did write one later. I don't
know, the 20th or somewhere I wrote a report on what I saw.
Q. As the investigation began around the riot and the
killing of Tom Jackson, how many different agencies would you
say you may have talked to?
A. Well, I talked to Sgt. Belshe, Investigator for the State
Highway Patrol which was -- his interest wasthe killing. I
talked to the Sheriff of Randolph County, then the Public Safety-
Public or Public Office -- whatever you want to call it, andTI
also talked with the F.B.I., plus I had talked with the Internal
Investigator of the institution, and then I was questioned by
the State Highway Patrol Investigators which wasn't on the
killing but it was on whether we were abusive or not towards
the inmates.
Q. So an investigation of all sides of the issue? That was
269
& xlniboxt
ORVILLE PRICE puts Robert Wayne Hess into a Hypnosis state.
ORVILLE PRICE: Wayne, I want you to go back in time now ts
3, 1983. I want you to think about and recall July 3, 1383. So
remember July 3, 1983, Wayne? HESS: Yes.
PRICE: Ok, Wayne, it's Sunday, July 3, 1983 and you're going +:
work at the Moberly Training Center. You have arrived at the Trainin:
Center now and it's around 2:30-3:00 o'clock in the afternoon you ha-~.
arrived at the Moberly Training Center and you're going on duty. W
was your duty that day Wayne?
HESS: Food Service
PRICE: Ok, Wayne, you have went on duty at the food service, ani
let yourself. completely relax, you went on duty at the Training Cente:
in Food Service. Sometime that evening, Wayne, after Food Service,
there was an incident in the Training Center. Somebody got you and
sent you down to B Wing, who asked you to go down to B Wing? Did
somebody do Sas? HESS: Yes.
PRICE: Who was that person?
HESS: Captain Halley.
PRICE: Did you go to B Wing with Captain Halley then, that
night? HESS: Yes.
PRICE: Ok, Wayne, now you're in B Wing with Captain Halley anc
other t++rds sompletely relax now--let yourself be completely relux--
your completely relaxed. Tell us what you see when you get down to
-B wing that ‘night with Captain Halley, Wayne.
;
HESS: He'd.gone down to get a drunk.
PRICE: Somebody went down to get a drunk?
HESS: Yes.
PRICE: Ok. Had they already gone down before you got there?
HESS: No.
PRICE: Who went down to get a drunk, then, Wayne?
HESS: Donald Kroeckel, Officer Goodin, and Officer Tom Jackson.
PRICE: Ok, more and more relaxed, continued relaxed, Wayne.
Where are you at, Wayne, when they go and get the drunk?
HESS: Down in the wing.
PRICE: Who else did you see there, Wayne?
HESS: There was Officer Dillon there and Hess and they went
down to get this man, I don't know his name.
PRICE: Ok, is there anybody else you see around there, Wayne?
HESS: Just a bunch of inmates.
PRICE: They're standing around in the Wing?
HESS: Yes.
PRICE: Ok, more and more relaxed, Wayne. Let yourself
completely relax. Ok, can you see down in the wing to see where
they get the drunk out of? HESS: Yes.
PRICE: Do they bring the drunk up.
HESS: Yes.
PRICE: Who's bringing the drunk--who's got ahold of the
drunk, Wayne?
HESS: Kroeckel and Goodin.
PRICE: Ok. Do you see Officer Jackson?
HESS: Yes.
Where is--Whereabouts do you see him at?
HESS: He's behind Kroeckel and Goodin with the inmate.
Ok. What happens then, Wayne?
They start bringing them * got
6 up by the steps, the man broke loose. ae
ets
7 PRICE: Got up to the steps and then what?
8 HESS: He broke loose, the man did, from Kroeckel and Goodin.
9 PRICE: Ok, let yourself relax, now, completely relax. More
10 and more relaxed, let yourself completely relax. I'm going to count
11 to three and touch you on your left shoulder and I want you to more
12 and more completely relax. One, completely relax. Two, completely
13. relax, now. Three, let yourself completely relax, completely relax.
14 Wayne, your're in the B wing and they're bringing this drunk out and
15 you say he's broke loose from Kroeckel and Goodin. Whereabouts are
16 they at now, where do you see them at?
17 HESS: Up by the steps.
18 PRICE: Is that by the steps that uh-come into the Rotunda or
19 what, Wayne?
20 HESS: Come up out of the wing.
21 PRICE: Come up out of the wing. What do you see Happens next
22 after he breaks loose?
23 HESS: A bunch inmates coming. Ther--ones got a knife.
24 , PRICE: Somebody's got a knife? HESS: Yes.
25 PRICE: How do you know somebody's got a knife?
16
HESS:
PRICE:
PRICE:
PRICE:
PRICE:
HESS:
PRICE:
PRICE:
HESS:
PRICE:
HESS:
PRICE:
I see it.
You see it? HESS: Yes.
who's got a knife, Wayne? HESS: An inmate
Do you know who it is? HESS: No.
Ok, then what do you see next, Wayne?
He stabbed Jackson.
He stabbed Jackson? HESS: Yes.
And then what did he do then?
He said knife.
He what?
He said knife away from him.
Did somebody say to get the knife away from him, you'
saying? Just tell me what you see, Wayne.
HESS:
PRICE:
HESS:
PRICE:
Wayne?
HESS:
PRICE:
HESS:
PRICE:
HESS:
PRICE:
{> HESS:
Get that knife.
Get that knife?
He's sticking Jackson.
He's sticking Jackson? Then what do you see next,
He's coming after me.
What happened then, Wayne. Wh--
I-I got to go to Jackson.
What happen th--
(inaudible)
Just tell me what you're seeing.
An inmate sticking--he's coming after me with it.
1 PRICE: And then what happens, Wayne?
2 HESS: He stuck me.
3 PRICE: He stuck you? S: Yes.
4 PRICE: Then what happens, Wayne? What are you seeing?
——— :
5 HESS: We had gone back up and Jackson fell down to the
floor.
es
PRICE: Jackson fell down to the floor?
HESS: Yes.
9 PRICE: Do you see any inmates coming through the doors?
10 HESS: Yes, a whole bunch of them. _
—
PRICE: Who do you see first coming in the door, do you know then?
HESS: No, about ten or fifteen.
13 PRICE: Jackson-do you see Jackson now? Is he on the floor or
14 what?
15 HESS: Yes.
16 PRICE: What else do you see, Wayne, what's happening?
17 HESS: We--we're getting them back in the wing, they're fighting
18 us, knocking us down.
a ———~~" PRICE: x iy of them, Wayne? 2
yi
20 HESS: No. ae
21 PRICE: Do you see anybody get--does any-do you get stuck?
22 HESS: Yes.
23 PRICE: Do you see the knife?
24 . HESS: Yes.
25 i PRICE: Who stuck you, Wayne? Do you know?
_/
24
25
you've got
the other guards?
HESS:
PRICE:
HESS: |
PRICE:
HESS:
PRICE:
HESS:
PRICE:
HESS:
PRICE:
An inmate, I don't know his name.
Let
relax
yourself completely relax, now.
Let your::
and just look at what you're--this is July : and
trouble in the wing. Tell me, uh, do you see any of
Not at this time.
Not
No.
at this time?
I still see the inmates.
You just see the inmates.
Um-huh.
Wh--whereabouts are you standing at Wayne?
On the other side of Jackson in the doorway.
On the right side of Jackson in the doorway?
Yes.
Let yourself completely relax.
guards standing with you?
HESS:
PRICE:
I don't see none.
You don't sce none.
Halley is at?
HESS:
PRICE:
HESS:
PRICE:
No.
It there any other
Do you recall where Captain
Ok, you can't see any of-the other guards?
Just the inmates.
Ok.
Let yourself completely relax.
coming through the door into the Rotunda?
HESS:
Yes.
Are the inmates
24
25
PRICE: Do they come on through--do you~-are you in the Rotunda.
now, or where are you at?
HESS: I'm at the wing door.
PRICE: You're still at the wing door.
HESS: And they came over to the wing door and they pushed
their way up to the door and that's when it all happened.
PRICE: Tell us what you see happening Wayne.
HESS: The man has a knife in his hand.
PRICE: What does the man look like that's got the knife in
his hand?
HESS: He's/BFonde hair, about 5'7"
5"8", got a white, blue
tank top on, he's got white taping on the knife at the-~at the end
of where the other tape's at.
PRICE: White tape on the knife?
HESS: Yes, white, gray tape.
PRICE: Does he say anything? HESS: No:
PRICE: Do you hear any yelling? HESS: Ye » bunch of ic.
3
a
PRICE: Can you tell what anybody says?
HESS: No, I can't. Just get that knife away from him.
PRICE: Let yourself completely relax, more and more relaxed.
Is someone trying to get the knife away from him?
HESS: I'm trying.
PRICE: You're trying to get the knife away from him. Ok.
HESS: I've been cut. a
PRICE: You've been cut. You've been cut now?
24
25
HESS: In my fingers.
PRICE: On your finger. Let yourself completely relax, more
and more relaxed. Completely relax, Wayne. More and more relaxed.
Let yourself completely relax now, just completely rest, Wayne.
Just completely relax. Completely relax, Wayne. Alright. Completely
relax, more and more. You're on the--you're in the wing now, we're
gonna--you're going to have to come back, Wayne, we're gonna bring
you back and I going to count to five and you are gradually going
to come back. I want you to come back and we're gonna finish later.
One, you / §58na gradually wake up Wayne, at the count of five you'll
wake up. Two, you're coming back, Wayne. Three, Four, Five, Wayne
wake up now, please. Let yourself wake up now Wayne. How do you
feel, Wayne?
HESS: Tired.
PRICE: Didn't rest long enough, did you? Where'd you cut
your finger at Wayne?
HESS: Right there(indicating). Across my hand.
PRICE: You got cut across your hand, too?
HESS: Yes, it's gone now. Hot.
PRICE: Hot from what? (inaudible) That's natural, Wayne-
Want a drink, Wayne?
HESS: No.
PRICE: You're completely--you're real good about relaxing,
Wayne. Your only problem is that probably that you should do it
layihg down so you could really rest. But, we're half way through
24
25
HESS: Can I get up and walk?
PRICE: Yeah, sure.
BEGINNING OF SECOND SESSION
ORVILLE PRICE puts Robert Wayne Hess into a Hypnosis state.
PRICE: Okay, Wayne, the Prosecutor, Paul Oesterreicher, is
here and he wants you to go back and think about July 3. You're
in the B Wing, the inmates are yelling, you've been cut on your
fingers. Your finger is cut, you tried to take the knife. The
Prosecutor wants to ask you a few questions. Paul--I am going to
turn it over to Paul now and Wayne he's going to ask you a few
questions about what you see that night.
OESTERREICHER: Wayne, can you describe for me what the knife
looks like?
HESS: It's about 7 to 10 inches long, it's got a gray handle
with white on it, and that's all I seen of the knife. To this day
I've been seeing the knife.
OESTERREICHER: Was it sharpened on both ends?
HESS: Yes.
OESTERREICHER: Were there any particular markings on the actual
knife blade?
HESS: Not that I see.
PRICE: Completely relax, Wayne.
OESTERREICHER: When did you first see that knife, Wayne?
HESS: On the night of July the 3rd in B Wing between 10 and
10
1
10:30.
OESTERREICHER: Who had the knife?
HESS: An inmate. I don't know his name.
OESTERREICHER: Describe that inmate, if you can.
HESS: He was about 5'7"-5'8", between 120 to 150 pounds,
dishpan sandy blonde hair, and a white man with a white, blue tank
with white trim down in the neck. Then the man took off down
the wing.
OESTERREICHER: Was the tank top short sleeve?
HESS: Sleeveless.
OESTERREICHER: Did he have any tatoos on him?
HESS: Yes.
OESTERREICHER: What type of tatoos?
HESS: I don't know, but I know he did have one on his arm.
OESTERREICHER: Which arm?
HESS: I think low. I'm not sure on that. A bunch of inmates.
OESTERREICHER: What happen when you first saw the knife in the
hands of this inmate?
HESS: I tryed yell for--hollar there's a knife. And that's
when I noticed this inmate taking stabbing motions towards Officer
Jackson.
OESTERREICHER: Did you sce the knife go intw Jackson?
HESS: I just seen the stabbing motions.
OESTERREICHER: What did Jackson do?
HESS: Jackson didn't have a chance. He had him in a head lock.
11
1 OESTERREICHER: Who has him in a head lock? > s
2 nmates.
3 OESTERRELCHER: Did you know any of them?
4 HESS: No. I don't know any of them.
OESTERREICHER: Could you described who had him in a head
6 lock?
7 HESS: No, I can't. I seen them holding Jackson's head pulling
him back into the wing.
9 OESTERREICHER: Were there any guards around?
10 HESS: There was guards behind but I can't see who they were.
11 tryed to pull Jackson back out of the wing. I said come on Jackson
12 get up. I couldn't get him. That's when he was getting stabbed.
13 OESTERREICHER: Where was he getting stabbed?
14 HESS: In the middle of the chest. They--
15 OESTERREICHER: Where was he facing towards you?
16 HESS: Jackson had his head out into the wing. Let's get the
17° knife.
F 18 OESTERREICHER: Was his full body in the Rotunda area?
HESS: Yes, he just had his head inside the wing. [Let's get the
20 knife away from him, he's gonna kill. They stabbed him. They stabbed
21 him with the knife. (Enaud tLe}
Paes asl rees ae Fe
22 OESTERREICHER: You grabbed for the knife?
23 HESS: Yes, get the knife.
24 PRICE: Completely relax, Wayne. Completely relax.
i
25 HESS: Kill. [I'll kill ‘em my way. I'11 kill them if I get--
12
24
25
PRICE: Completely relax, it's alright Wayne. Completely
relax.
OESTERREICHER: Where did you get cut, Wayne?
HESS: In the fingers.
OESTERREICHER: Was that your first cut?
HESS: Uh-yes.
OESTERREICHER: Where did you get--did you get any other cuts?
HESS: Yes.
OESTERREICHER: Where?
HESS: On the right shoulder. It hurts.
OESTERREICHER: Who gave you that cut?
HESS: The same inmate. And that's when I get the knife away
from him. The one that got Jackson.
OESTERREICHER; After the stabbing of Jackson, did you see any
guards any where?
HESS: Yes. On the left. I don't know what the guards name
is. He's on the left side of me.
OESTERREICHER: Anybody else?
HESS: One be--there's a guard behind me.” I don't know what
his name is. I don't know who he is.
OESTERREICHER: After you got stabbed, did you see the knife?
HESS: No.
OESTERREICHER: Do you know what happened to the knife?
HESS: No. There's a guard there. He's got a knife in his
hand, the guard does.
13
OESTERREICHER: The guard has the knife?
HESS: Yes.
OESTERREICHER: The same knife that stabbed you?
HESS: Yes.
OESTERREICHER: Was that knife--
HESS: The one with the tape on it.
OESTERREICHER: Was that guard do with that knife?
HESS: He picked--he stuck it--he's got it in his hand. I think
he's sticking it in his pocket.
OESTERREICHER: Was there any blood on that knife?
HESS: Yes, from what I can see.
PRICE: It's alright Wayne, let yourself relax. Completely
relax. Wayne, we're going to gradually come back now. On the count
of five I am going to tap you on your left shoulder and you're going
to open your eyes and gradually, slowly come back now. One, gradually
slowing come back. Two, slowly. Three, slowly coming back. Four,
slowing coming back, slowly. Five, slowing coming back. Just sit
there and relax, Wayne. Did you work today?
HESS: No.
PRICE: You're off today.
HESS: Uh-uh.
PRICE: When did you-- :
HESS: Three days.
PRICE: Three days? When did you get off, last night?
HESs: Monday at noon time.
14
24
25
been
that
stabbing motion at Jackson and that cut you.
PRICE:
HESS:
PRICE:
HESS:
PRICE:
HESS:
PRICE:
HESS:
back.
PRICE:
HESS:
PRICE:
HESS:
PRICE:
every
HESS:
PRICE:
Monday at noon time. (inaudible)
Uh-mm
Do you still work in Food Services?
No.
Where are you working at?
Visiting Room.
Visiting Room.
I've worked for the Food Services one time since I've
Is Goodin still working?
Yes.
What's he do?
He's the zone man to walk around the yards.
Do you have a hard time waking up, do you? You do
time, I bet you have a hard time waking up.
It takes me an hour to wake up-
It does. I can really see it.
OESTERREICHER: Can I ask any more questions, Orville?
PRICE:
Mm
OESTERREICHER: Can I ask any more questions?
PRICE:
Yeah.
OESTERREICHER: Feel up to answering one or two more questions?
HESS:
Yeah.
OESTERREICHER: You described the man that you saw doing the
aS
When did you see him next?
HESS: The next morning.
OESTERREICHER: How?
HESS: In D cell, in the adsec 3 house or whatever they want
to call it over there.
OESTERREICHER: By hisself?
HESS: He was in the cell by hisself. They wanted me to come
back out and make a statement out at the prison now. They said they
had the man. I want over there and that was the man.
OESTERREICHER: Who was that man?
HESS: Inmate Call.
OESTERREICHER: He is the one that you saw doing the stabbing?
HESS: Yes, he had the knife in his hand. I think he is in 789
over there in adsec 3 house. I'm not for sure what room he was in.
PRICE: Did you ever see this other guy that has confessed
to it?
HESS: I didn't see him at all.
PRICE: Did you ever see him down at the adsec or anything?
In adsec locked up or anything?
HESS: No, I haven't cause usually if I am not assigned to a
house.
PRICE: Yeah. Well, I thought maybe the next day they had
you pick out the guys.
HESS: Well, they showed me pictures.
PRICE: Was he involved?
i HESS: In the office they did.
16
24
25
OESTERREICHER: Were they black and white or color photos?
HESS: Black and white. Like they have out at the prison.
HESS: ‘With their numbers and everything on them, too.
RON DULANY: Wayne, when you saw the inmate in the D wing, or
adsec---
HESS: Adsec.
DULANY: What was he wearing?
HESS: He had on grey pants on and he didn't have not shirt on.
DULANY: Just a pair of grey pants and not shirt.
HESS: Yes. He had a bandage wrapped around his head, bandage
to chest here(indicating). They put him in a line up with five in-
mates.
up,
PRICE: But, you had already seen him downstairs before the line
hadn't you?
HESS: Well, I didn't take that much of a glance of him, I just
walked by him and then I seen him in there.
up,
PRICE: Ok. In the line up, when you picked him out of the line
did he have a shirt on then?
HESS: No.
PRICE: Ok.
HESS: None of the inmates had shirts on.
PRICE: None of them did. Ok. Did he have any tatoos on him.
HESS: Yes.
}:PRICE: Where?
17
HESS: On his chest and on his arms.
PRICE: Which arm?
HESS: They had all--five of them had tatoos on th
m. I think
it is the left am, here(indicating). He had five in-- up there
had tatoos the same way on them and I picked him out and they told
me not to say nothing to any of the inmates, just you and pick the
man out, go back into the office and wait til they come in there.
I picked the man out and that's when you (inaudible). They didn't
have to tell me if I picked out the right man or not.
PRICE: After you were cut, where'd you--what happened--where
did you go to from there?
HESS: The hospital.
PRICE: Who took you to the hospital?
HESS: I went by myself.
PRICE: Did someone tell you to go to the hospital?
HESS: Yes.
PRICE: Who?
HESS: Captain.
PRICE: Captain Halley?
HESS: Yes.
PRICE: Where did he--you hadn't seen him, where did he appear
HESS: I seen him when he came back in with the shot guns.
PRICE: Oh, that's when he told you to go to the hospital.
i HESS: Yes, you see me, Wilson and Goodin was in the house by
18
ourselves and Halley cam in there and he and two or three others had
shotguns.
PRI!
Oh, you were still there at that time?
HESS: Yes, I was still in the housing unit. I was there about
10 minutes when I guess Officer Wilson said Hess was stabbed and Halley
looked and said you're going to the hospital Hess.
PRICE: Go ahead, but he had the shotguns and was back with the
shotguns?
HESS: Yes.
PRICE: Did you ever see Halley go after the shotguns? Did
you see him when he left?
HESS: Yes, I seen him when he walked--went out the door to get
them.
PRICE: He ran out the door to get them?
HESS: Yes, but we had everybody back in the wing and everybody
was back in the wing when (inaudible).
PRICE: When he went to go get the guns, they were back inside the
wing?
HESS: Yes, with them back in the wing--
PRICE: With the door shut?
HESS: We had them back and locked inside the house.
PRICE: In the wing.
HESS: Yes.
PRICE: That's when they were beat--trying to beat the door open
or beat the glass?
19
24
25
HESS:
Yes. Somebody threw something at the door glass and
tryed to break it out. They tryed to come back out again and--
PR.
HESS:
PRICE:
HESS:
PRICE:
That's when Halley ran for the guns?
Yes.
That left you, Wilson and--
Goodin.
Goodin. And that's the three that were left. Oh,
Al Freiz wasn't he there somewhere?
HESS:
up front.
PRICE:
HESS:
PRICE:
HESS:
Jackson out
PRICE:
they?
HESS:
PRICE:
HESS:
He took--I guess he took Jackson up--helped carry Jackson
He wasn't there, anyhow?
No. He was there when all this stuff happened, but---
He wasn't there when Halley went after the guns?
No. Halley went out the same time they were packing
to the front.
Ok, well they had the inmates help pack Jackson, didn't
Yes.
Did you know that inmate?
No, I didn't. Only thing I know is what that inmate
said, he said we'll try to get---
PRICE:
the inmates
HESS:
|. PRICE:
Yeah, what I want to know, Wayne, did you know any of
down there that night that helped do anything?
No.
No inmate in there?
20
2
3
faces.
some
when
HESS: No, that is I can't remember names. I can remember
PRICE: Would you know the names of any of them?
HESS: No. I couldn't try to remember 150 inmates, I do know
inmates in there but they wasn't involved in it, blacks.
PRICE: Were there any guns fired before you left the Rotunda-
HESS: Yes.
PRICE: before you went to the hospital?
HESS: Yes.
PRICE: So you were there for part of that, too?
HESS: Yes. Untill they got more help in the house and that's
they told me go on.
PRICE: Somebody else come in to releave you?
HESS: Well, I was in the Rotunda and that's when they told
me to go on. I got out there, I'd say, by the canteen area and that's
when
I seen some more guards packing guns. I guess they are called
the M squard, the goone squard or whatever you want to call them.
guns.
PRICE: You said Dillion was there?
HESS: Yes.
PRICE: Where did Dillion go to or what?
HESS: I don't know what happen to the man.
PRICE: Only you three were there when Halley de after the
Where was Dillion?
HESS: I don't know what Dillion--he went into the office--
heijust disappeared on us. I learned later on that Dillion helped
21
24
25
pack Jackson out front.
PRICE: Did he?
HESS: That's what I learned later on that he done. But that
night there, I didn't know what happened to him. I thought he just
probably got scared and run on us.
PRICE: Paul, do you have something else?
OESTERREICHER: No, that's all I can think of.
PRICE: I understand you said the baldes were sharpened on
bothy sides, did it come down to a point?
HESS: Yes.
PRICE: To a point.
HESS: Yes.
PRICE: Was the blade silver, did the blade have any color to
it at all, that you could see?
HESS: No, that I could see. It just look like a piece of
metal what they made a knife out of.
PRICE: You couldn't stick in or not?
HESS: No, I seen the knife there when the man, when I saw
him sticking it into Jackson in a stabbing motion.
PRICE: You seen a guard pick it up then?
HESS: Yes.
PRICE: Do you know which one it was?
HESS: No, I don't know which guard it was.
PRICE: You think he put it in his pocket, front or back?
22 2
HESS: I think he put it in his back pocket, but I'm not for sure.
PRICE: He made a motion back there?
HESS: Yes, he made a motion back there.
PRICE: Did you see any other knives on the fiocor?
HESS: No, I didn't.
PRICE: Did you see a ball bat that night?
HESS: No, I didn't. The only thing I heard was when somebody
got hit they went down to the floor. I came back up swinging and
I slipped in the blood and I fell back down again. Then I noticed
that someone was back on my back again.
PRICE: You noticed somebody on your back--did someone knock
him off or how did--what--
HESS: He got knocked off. Some guard hit him with something,
I don't know what it was. Some guard hit him and got him off my back.
PRICE: Was that inside the Rotunda or outside?
HESS: It was outside the Rotunda. Right out side, between the
Wing and the Rotunda.
PRICE: Ok. Would that have been by the desk or whatever the
Rotunda officer stands by?
HESS: Yes.
PRICE: You were right there by it?
HESS: Yes. It was about as far as from here to--back to the
Rotunda about as far as from here to that door right there(indicating)
to the wing door. But you don't have much--
PRICE: Oh, you're just right there at it.
}
HESS: Yeah, because the big Rotunda--
23
24
25
PRICE: If I got inside the door of the wing, then I'm right
next to the Rotunda desk.
HESS: You are about 2 to 3 feet from it.
PRICE: Ok.
HESS: Not over 4 feet at the most.
PRICE: So, then the fighting was going on right around that
desk, wasn't it?
HESS: There's a big oval mound desk. It takes about the
whole Rotunda up, it does. It's like I said, between 3 and 4 feet
between each wing door there is.
PRICE: Ok. So it's right at the desk all the time, when all
this is going on.
HESS: Yes.
PRICE: Then the man could stand behind that desk and hit you
on the head.
HESS: No, he couldn't he has to come outside the wing.
PRICE: Why? He had a bat.
HESS: The desk is too high.
PRICE: But if I was standing up couldn't I hit you over the
head with a ball bat?
HESS: No. Cause the desk is--when I stand up it comes up
about here on me(indicating).
PRICE: Ok. Couldn't you hit a man on the other side with a2
wooden ball bat?
HESS: No, I can't cause the thing is about that wide(indicating).
+
24
25
PRICE:
HESS:
as wide as
Do what?
It's about 2 or 3 feet wide at the top of the desk, e»..
this one right here(indicating), this table. You have
kinda hide behind the gate.
PRICE:
HESS:
PRICE:
HESS:
PRICE:
HESS:
PRICE:
Ok. Is it wider than this table(indicating)?
It is about as wide as this table, the Rotunda is.
Ok.
It's about as round--wide as this whole--
You know the bat's this long(indicating).
We got two ball bats. We've got on that long--
If you're ever back in the Rotunda or go back into the
Rotunda, would you stand behind it and see if could take that bat and
hit a man on the other side if he's standing up on the other side or
if he's on
HESS:
wing door,
PRICE:
HESS:
PRICE:
HESS:
he can.
PRICE:
HESS:
to open up
PRICE:
somebody's back.
If he's right by it, he can. But they was over by the
there was no way he could--
But he could if he was standing right by it.
If I was standing right beside it, you know--
If somebody was on your back right beside it,
He could reach right over the top of it and hit the man,
That's what I wanted ta know.
If he hits a man as they go by the wing door the man hes
the gate and then when he comes out--
Sure, but you said that there's only, two or three foot.
25
1
2
23
25
HESS: I said--oh about that much space in between them(indicating’~
but not over 5 feet at the most when I open the wing door to the Re-
tunda.
PRICE: Ok.
HESS: I never measured, I have
PRICE: Yeah, ok.
HESS: If I ever measured, I could tell you right down to the
inch.
PRICE: Yeah. Do you work with Wilson?
HESS: No. He works (inaudible).
PRICE: Do you work with Halley?
HESS: Uh?
PRICE: Do you work with Halley?
HESS: No.
PRICE: Do you ever see them?
HESS: Yeah. At roll call time and during the morning time when
we eat and stuff.
PRICE: I wish you would tell Halley that there is noting to this
hypnosis that he--there's nothing to be afraid or noting to run from.
Him and Wilson both. They're just like you to start out with, nobody.
wants to. There's nothing to it, you can see that. We would like to
finish it all up and they're the only ones asked to.
HESS: Did Maupin take one?
PRICE: Who?
' Wess: Maupin.
26
1 PRICE: Maupin?
2 HESS: The one who got cut in the arn. .
3 PRICE: No, not yet. He waar’ I think he was out of right
4 at the start of it. I don't think he saw anything, he couldn't
5 have.
6 HESS: I think he got cut right off the bat. I didn't know
7 that he was cut, too.
8 PRICE: Yeah, see--
9 HESS: I was out at the hospital, I seen him laying out there.
10 PRICE: He didn't even see Jackson fall, so see he's out of it.
11 He wouldn't have seen enough, see. We could give it to him, but I
12 don't see an advantage. You know, just the ones that saw so that
13. they can see what they saw.
14 HESS: I talk--I talk them but I don't know.
15 PRICE: Wilson and Halley, isn't it?
16 HESS: The only reason I did is because my wife told me.
7 PRICE: Told you what?
18 HESS: Told me it would be best to go ahead and do it.
19 PRICE: Don't you think it is?
20 HESS: Yeah.
21 PRICE: I would, I would want to clear everything up about how
22 this man was killed out there. I want to help him.
23 OESTERREICHER: Because, that's all we're looking for is as much
24 help as we can get.
25 PRICE: I would appreciate it if you would say something to them.
27
24
25
HESS: Well, I will talk to them, Orville. I'11l go back, let's
see, I'll be back Thursday night at midnight. 7
PRICE: Well, maybe we'll have them by then, but if we haven't
I wish you say something to them.
HESS: I'll talk with Wilson. Halley, you just can't say
nothing hardly to him, cause he's the captain.
PRICE: But you could let him know that you've done it and that
there wasn't nothing to it. There wouldn't be no harm--wrong with
that.
HESS: Did Goodin take one?
PRICE: No. Who took it Kroeckel?
OESTERREICHER: Kroeckel's the only one so far.
PRICE: Yeah.
OESTERREICHER: Besides hisself.
PRICE: We haven't asked Goodin, have we?
OESTERREICHER: No, we haven't.
PRICE: He's one of the guys--see Goodin was bringing the guy
out, ok Kroeckel was one of those. What I want is the guys at the
wing door on the other side and see what they saw, so you come here
first. I'm sure that someone else at the door saw knife. There's a
very good possibility. ‘There wouldn't be a very good possibility
that Kroeckel and Gooding seen it because they had ahold of the guy
bringing him out. I aimed to ask you while ago, was Jackson behind
them coming out?
1 HESS: Yes.
28
1 PRICE: Har far beyind was he?
2 HESS: Oh, I don't know, five feet. Jackson was (inaudible).
3 He never gave anybody no trouble.
4 PRICE: Yeah. You don't think he was further behing than he
5 should've been?
6 HESS: No. Not over five feet at the most. \
a 7 PRICE: The guy broke loose before they ever got inside the \
8 door, uh?
\
| a) HESS: Yes, he broke loose before they ‘got him up, oh I'd say
10 maybe not over two steps coming up out of the wing. I don't know
11 how many steps there is, but I'd say not over two steps coming up
12 out of the wing. The man broke loose and that's when somebody said
13 you're not going to take him out. Then in went Kroeckel and Goodin
ecg
rs
they got almost to the the gate and got out of the wing door and
\oos that's when all just followed Jackson right up the steps.
16 PRICE: You're saying Kroeckel and Goodin didn't get the drunk
17 inside the Rotunda.
18 HESS: No. They never did get him inside the Rotunda, cause
19 is we did we would have had the doors locked.
20 PRICE: So he broke before they got him inside the Rotunda.
21 HESS: Yes. The man got loose from them and then that's when
22 they all followed Kroeckel, Goodin and Jackson coming up and
23 Kroeckel and Goodin was almost at the--
24 PRICE: When the man broke loose which way--where did he run to?
25 HESS: He went back down toward the wing, he did. Inside the
jt
29
24
25
wing. He went back into the crowd with the other guys. When we -
first went in there, we heard aman and Wilson sitting there talking
we heard a piece of metal hit the concrete floor. And we said there
is a shank in there. You could tell when the metal hit that floor
there was something that wasn't suppose to be in there and I know
somebody's going to go down in there and take that piece of metal.
I stood there and I could've I could've.
PRICE: You could've what?
HESS: I could've run outside when I heard that, but I wasn't
going to do it. I was going to stay inside that wing, if you went
inside the house, there was a fight, if anything did happen to come
down.
PRICE: Mm-uh. on
HESS: It all came down to fast then. Before--we were going
to have to do something to get it under control. I think when the
man got hit with the ball bat, that's dick te went back into the
wing and the rest of the inmates went back in there with him. We
got it under control, we got the wing door shut and lacked but it
wasn't under control, yet, was it?
PRICE: Any of those guys involved in that been brought back
up yet?
HESS: No, not that I see of.
OESTERREICHER: I want to thank you for helping us. Every little
bit helps. As I told you, we're just trying to get it all sorted so
i
that we can (inaudible).
30
Sx\nilort
This is the statement of Robert Wayne Hess, which began at 11:47 AwMey
Monday, July 4, 1983, regarding the incident at the Missouri Training Center
for Men on July 3, 1983.5"
Schreiber: Give your full name.
Hess: Robert Wayne Hess. &
Schreiber: Give your date of birth.
Hess: August 26, 1944.
Schreiber: Giv: your address.
Hess: 524 Austin Street, Moberly, MO.
Schreiber: Were you employed at the Mrésourt Training Center for Men on
July 3,°1983, at the time of this incident?
Hess: Yes, | was.
Schreiber: Give your rank.
Hess: Corrections Officer 1.
Schreiber: On July 3, 1983, were you working at the Moberly institution?
Hess: Yes.
Schreiber: What was your job assignment?
Hess: Food Service.
Schreiber: Were you on duty at 10:00 P.M., Sunday, July 3, 19837
Hess: Yes, | was.
Schreiber: Tell in your own words what happened?
Hess: 1 was coming from the Food Service after | let the Rainadans “out.
| was bringing the radio and the keys up to the Control Center, and
they told me to get back out to House 2. They said they were having
some trouble there. There were some drunks in B-Wing.
Schreiber: Name the other officers.
Hess: Lt. Kroeckel, Officer Goodin, and Officer Jackson.
Schreiber: Do you recall who the inmate was that was drunk?
Hess: No | do not know, who the inmate was.
Schreiber:
Hess: As we got to the Housing Unit, they said they were having trouble ‘in
B-Wing. That is when they got the inmate out. They got him to the steps
and he broke loose from them.
j
Schreiber:
Hess: A bunch of inmates followed them up there. The other inmates hollered
to not take the man up there. That is when the trouble broke out. |
noticed that one inmate had a shank and that is when he stabbed Officer
Jackson and then he stabbed me. After that | went to the Hospital for
treatment.
a
Schreiber: How did you get the word?
Hess: Captain Halley was on duty.....
Schreiber: Who were the officers on duty?
Hess: Me, Officer Dillon, Officer Wilson, Officer Maupin, and Officer
Humphrey.
Schreiber: Which officers went down into the wing:
Hess: Lt. Kroeckel, Officer Goodin, and Officer Jackson.
Schreiber: Where did you remain?
Hess: 1 stood ‘inside the door. Officer Dillon and Officer Wilson stood on
the other side. Officer Humphrey was behind the Rotunda: Officer
Maupin was somewhere in the Rotunda.
Schreiber: Did you see Officer Jackson get stabbed?
Hess: Yes.
Schreiber: Where was Officer Jackson?
Hess: Officer Jacksén was behind ....
Schreiber: Was the inmate who did the stabbing black or white.
Hess: White.
Schreiber: Was the inmate intoxicated?
Hess: Yes.
Schreiber: Were there a number of inmates in the wing?
Hess: Yes.
Schreiber: How many approximately, inmates were there in the wing?
Hess: | would say about 60 to 70 inmates in the whole wing, 2-B
Schreiber: As the, officers approached with the intoxicated inmate, what
did the other inmates do?
Hess: They just followed the officers up toward the front.
Schreiber: Did the inmates rush the officers?
Hess: Yes, they did. .
Schreiber: Did the inmates actually, physically, take the officers? _
Hess: No, not-as | saw it.
Schreiber: Did the prisoner get away?
Hess: Yes.
Schreiber: How did the inmate accomplish this?
Hess: Just broke loose.
; sehreiber: Was Officer Jackson the first officer to be attacked?
Hess: Yes.
Schreiber: What was Officer Jackson's location?,
Hess: Right outside the 2-B Wing door.
Schreiber: The inmates did not have Officer Jackson down inside the wing? _
Hess: No. Been fis pute) Pow) i
Schreiber:
Hess: | had ahold of Jackson's arm and tried to pull him out of the wing and
| said "Come on Jackson''.
Three or four inmates had ahold of his head and tried to pull him back
into the wing.
Schreiber: How close were you to Officer Jackson?
Hess: | was standing right beside him.
Schreiber: Did you know any °. of the inmates?
Hess: No, I did not.
Schreiber: Did you see the inmate with the knife?
Hess: Yes, | saw him, but 1 did not know his name at that time.
Schreiber: Did you see wherre the inmate came from?
Hess: No, it happened so quick that |! didn't know where he came from.
3chreiber: ?
Hess: The next think
Schreiber: Was the inmate white or black?
know, | saw blood.
Hess: White.
Schreiber: About how old would you say the inmate was?
Hess: About miudle age--20's.
Schreiber: What was the inmate wearing?
Hess: He was wearing a shift, blue tank top, with white outlining, © “.
i Schreiber: What color was his hair? :
| Hess: Dish pan blond. \
Schreiber: What type of weaon did the inmate have?
Hess: A knife with tape around the handle, between 7 inches to 10 inches.
It was a home made k nife, with white colored tape dround the handle.
Schreiber: What area of the body did the inmate attempt to stab Officer Jackson?
Hess: ‘In the gut--It was in the chest area, the left side of the chest..
Schreiber: Where did Jackson go down when he was hit?
Yess: Just inside the wing door, but the officers drug him back into the
Rotunda beside the A-wing door.
Schreiber:
Hess: Inmates were striking me and knocked me on the floor and somebody kicked
me, but | could not tell the inmate. Somebody kicked me with his shoe.
Schreiber:
Hess: 1 tried to get back up and then | slipped in the blood. Then ! did get
back up. .
Schreiber: .
Hess: | got stabbed over the top of my shoulder. He then stabbed me in the
right shoulder close to the neck.
Schreiber: Did you see more than one knife.
Hess: | just saw the one knife.
Schreiber: What happened to the knife?
Hess: | do-nmot know what happened to it.
Schreiber: Do you know if it was recovered?
Hess: No.
Schreiber: Have you seen the knife since the incident?
Hess: No.
Schreiber:
Hess: We locked the door so the inmates could not come back out into the Rotunda.
Schreiber: You were shown a line-up of the people, the five people in the line-up
Hess: Were all of the in dividuals caucasion males?
Hess: Yes,
Hess: They all had bandanas around their heads; all had bands wrapped around
their rib cage.
Schreiber: Did any of the men have tattoos?
Hess: They all had tattoos.
Schreiber: Out of the five people, did anyone tell you or did | indicate to
you anything about these inmates?
Hess: No.
Schreiber: In the line up were you able to identify any of the individuals
as being the person who assaulted you and Officer Jackson with a knife
on July 3, 19837
Hess: Yes.
Schreiber: After you identified this individual, dO you remember, for the
purpose of this interview, where he was in the line, up? :
\ Hess: He was the second man from the left.
Schreiber: After you identified this man and mentioned it to us, do you recall
what the man's name was? .
Hess: Inmate Carr, Rodney Carr.
Schreiber: To the best of your knowledge, was he the man who stabbed Officer
Jackson?
Hess: Yes.
PAGE 5
Schreiber: Do you recall or remember an inmate by the name of Robert Driscoll?
Hess: No | do not.
Schreiber: Would you know him if he walked into this room?
Hess: No. .
“Schreiber: Do you remember anyother inmates who were directly involved in this
incident?
Hess: No.
Schreiber: Js this statement true and correct to the best of your knowledge?
Hess: Yes.
The statement ended at 12:13 P.M., July 4, 1983.
‘ Z. 4 e48 .
DATE. s ROBERT WAYNE ie Cor : C -
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MISSOURI STATE HIGHWAY PATROL
Jefferson City, Missouri
September 13, 1983
From: “sergeant L. G. Ullery and Corporal J. L. Merritt
Subject: Investigation of events at Moberly Training Center for Men - Supplement #30
(CONFIDENTIAL )
To + Commanding Officer
Missouri State Highway Patrol
Jefferson City, Missouri
1. In continuing the investigation into this incident, on September 10, 1983,
Sergeant L. G. Ullery and I contacted C. O. I Robert E. Wilson, date of birth
July 12, 1947, of Route 4, Box 83, Moberly, Missouri, at the Missouri Training
Center for Men. This anteryiew'y was conducted in Major Dennis' office at the
training center. ~
2. On July 3, 1983, Mr. Wilson was working the 4:00 p.m. to 12:00 midnight,
shift and was assigned to the control center. When help was requested in
Housing Unit #2, Mr. Wilson went with Captain Halley, Lieutenant Kroeckel,
Officers Goodin and Dillon to two house. Wilson said he waited in the rotunda
aréa while Officers Jackson, Goodin and Lieutenant Kroeckel went into B wing
to remove an intoxicated inmate. Mr. Wilson said this is a routine matter and
% much thought was given to it. As Goodin and Kroeckel were coming back out
of the wing with the inmate, he saw a "mob" of inmates start towards the offi-
cers. At this time Jackson was some distance behind the other two officers,
standing at the bottom of the landing. Wilson said Jackson just didn't hurry
and even turned and faced the inmates. In the ensuing struggle, Jackson was
caught in the rotunda door where he was stabbed. Wilson saw inmate Rodney
Carr with a knife and was cut on the hand by Carr. He then saw Carr get on
the back of Officer Hess. This is when it is thought that Hess was stabbed
in the back. While Carr was on Hess' back, he was struck on the head by
Officer Humphrey causing him to drop his knife which Officer Wilson recovered.
3. After fighting the inmates (approximately ten) back into the wing and
locking the door, Captain Halley left to get shotguns. C. 0. Maupin had already
left to obtain medical assistance for his stab wound. C. 0. Humphrey and
Lieutenant Kroeckel left to take C. 0. Jackson to the infirmary. This left
C. O.'s Wilson, Goodin and injured Officer Hess to secure the housing unit.
Wilson said the inmates were up next to the rotunda doors and glass area
beating and kicking. He said one section of glass in D wing was knocked out
but no one came through it. The officers were armed with contraband items
that had been seized and held at the rotunda desk, i.e., baseball bat and
metal. bed-extensions. Wilson said he kept calling the control center
requesting assistance.
4. Mr. Wilson said that in approximately ten to fifteen minutes Captain
Halley and Lieutenant Arney returned with shotguns and the captain immediately
September 13, 1983 e
Investigation of events at Moberly Training Center for Men ~ Supplement #30
-2 (CONFIDENTIAL )
fired into A wing - he thought it was A wing. Wilson relates that after the
second and third rounds the inmates started to move back. Wilson could not
recall exactly how many times he fired into the wings after obtaining a shot-
gun. He said there were lots of things about that night that he doesn't
remember. He said, "I don't know that I hit any of them (inmates)."
5. After the shooting subsided, the inmates were deadlocked into their cells.
During the lockdown, Wilson said that he was just inside the rotunda door with
a shotgun. He indicated that the inmates were getting pretty willing about
this time. When asked about removing the inmates who had caused the original
disturbance, Wilson said there was just the normal drunk problems and he didn't
see any real problems. As these inmates were moved into the rotunda area and
secured on the laundry table, Wilson said that he could not recall seeing any
problems, nor did he know of any difficulties in moving the inmates from the
laundry table on to the infirmary or segregation cells.
6. Wilson, in reviewing the incident, said that during the shakedown he
observed three empty bottles of street whiskey. He said it is not uncommon
for this type contraband to be brought in to the inmates. This, plus the
homemade whiskey the inmates acquire, creates a bad situation.
7. In talking about the attitude of the officers involved in going down into
the wings for the lockdown and shakedown, Wilson said, "There was a little
ass kicking done. Those guys were:a little hot when they went down there,
ut I don't, think they went overboard on it."
LOM cxf
J. L. Merritt, Corporal
KEL hele. | moneee
Exhibit
a
24
25
from he and Carr at the doorway?
A. Yes. He was in the rotunda fighting -- I believe it was
with Lt. Kreockel or it was some officer.
Os How long do y-t think it was from the time that the inmate:
attacked the door and held Officer Jackson until they were pushed
back into the wing?
A. I would have to estimate and it would be just an estima-
tion. Anywhere from three to five to six minutes.
QQ. Were firearms later used to quell the disturbance?
A. Yes.
Q. Did you use a firearm?
A. Yes.
Q. What kind of firearm did you use?
A. A 12 gauge shotgun.
Q. Where did you get the 12 gauge shotgun?
A. Brought in from the front end. Cpt. Halley brought one.
I think three or four were brought out.
Q. When you saw Carr stabbing at Tom Jackson and Roberts
there with him, did you see Tom Jackson make any attempt to
block the stabbing thrust?
A. No. He couldn't have made an attempt to block. Inmate
Roberts was holding him. He couldn't have blocked it.
Q. When you say he was holding him around the neck, do you
know if inmate Roberts was using his right or left arm?
A. He was using his right arm around his neck.
296
Q. Did it appear they were struggling there?
A. No, sir.
Qs How did Tom Jackson's body appear in the grasp of Roberts
when Carr stabbed hi.:?
A. Like I said, when Carr stabbed him, I saw Officer Jackson
lean forward as thought something hit him in the stomach.
Q. Did you ever talk to Tom Jackson after you drug him away?
A. No, sir. I believe he was dead.
Q. What led you to that belief?
A. He was covered in blood. Had one eye missing and pretty
well lifeless when we drug him out.
MR. FINNICAL: Pass the witness.
THE COURT: Cross-examination.
CROSS-EXAMINATION by Mr. Marshall:
Q. Sergeant, you were struggling with Carr and Carr had a
blade or a knife?
A. Yes, Sir.
Q. He cut you on the hand?
A. Yes, sir.
Q. So you were forced to let him loose because he cut you
on the hand?
A. Yes.
Q. And he ran over, you say, and cut at Officer Jackson and
it looked like Officer Jackson reacted because he sort of went
297
forward; is that right?
A. Yes, sir.
Qn You didn't actually see the knife stick Officer Jackson
because Carr's back turned and you just couldn't see around
his back, is that right?
A. "I saw the knife when he cut me.
Q. When he cut you, you saw the knife?
A. Yes.
Q. Now, were -- how many inmates were right around Officer
Jackson at that time?
A. There were other inmates there. I don't know. I couldn't
say how many there were. Approximately 20 to 25 altogether into
it. This was in the rotunda, too. Somewhere out in the rotunda.
Q. Did you have any idea of how many were right there at
Jackson's location?
A. There was at least two or three others.
Q. How many inmates had their hands on Jackson or appeared
to be holding him in some way or another?
A. I remember inmate Roberts is the only one I knew and
there was another, probably two other inmates there, too.
Q. Two other inmates, also, were holding him?
A. Yes.
Q. Had their hands on him at any rate, right?
A. Yes, sir.
Q. Now, during the time that you saw Roy Roberts, did you at
298
24
25
any time see anything in his hand?
A. No, sir. I did not.
Q. You never saw any kind of weapon?
A. Just Officer Jackson-=I never seen a weapon. I never
seen him have a weapon.
MR. MARSHALL: No further questions.
THE COURT: Re-direct?
RE-~DIRECT EXAMINATION by Mr. Finnical:
MR. MARSHALL: Object as calling for conclusion.
THE COURT: Overruled.
A. Inmate Roberts.
Q. Who was preventing Officer Jackson from getting away
from the door where the stabbing occurred?
MR. MARSHALL: Object as calling for conclusion.
THE COURT: Did you see it?
A. Yes, sir.
THE COURT: Overruled.
A. Inmate Roberts.
Q. How much size advantage did inmate Roberts have over
Tom Jackson?
A. Quite a bit heavier than Mr. Jackson.
Q. How old a man was Tom Jackson?
~Q. Who was preventing Officer Jackson from defending himself?
A. I believe Mr. Jackson was sixty-four (64) or sixty-five
299
(65).
Q. What kind of weapons did Tom Jackson have?
A. He didn't have any. 7
Q. How many people out there were helping Tom Jackson defend
himself?
A. There was none at that time.
THE COURT: You may step down.
MR. MARSHALL: I have a couple of questions.
RE-CROSS EXAMINATION by Mr. Marshall:
Q. Sergeant, you also just said, as I understand it, that
two other inmates at least then also had their hands on Officer
Jackson at that same time?
A. I couldn't say they were holding him. They may have
touched him and there were inmates around him. Inmate Roberts
is the only one I can actually say was holding him, keeping
him from moving.
MR. MARSHALL: Nothing further.
THE COURT: You may step down.
(Witness excused.)
(Counsel approach the bench and the following discussion
was had out of the hearing of the jury:)
MR, FINNICAL: This is the guy that was hypnotized.
If he is going to cross-examine on that point I would like
300
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MTCM CUS FORM #24 STATE OF MISSOURI
MISSOURI TRAINING CENTER FOR MEN
Moberly, Missouri
IVESTIGATION REPORT: ‘ Date: sully at LGB ;
To: The Assistant Superintendent — Programs
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IN THE CIRCUIT COURT OF PHELPS COUNTY, MISSOURI
AT ROLLA
DIVISION I
STATE OF MISSOURI,
Plaintiff,
vs. Case No. CR-5-83-692-FX
ROBERT DRISCOLL, a/k/a
ALBERT EUGENE JOHNSON,
September 5, 1984
Moberly, Missouri
Defendant.
000
DEPOSITION OF ROBERT EUGENE WILSON, a witness
produced, sworn, and examined on the 5th day of September,
1984, between the hours of 8:00 a.m. and 6:00 p.m. of that
day at the Missouri Training Center for Men, in the City of
Moberly, County of Randolph, State of Missouri, before:
NANCY A. FOX
Registered Professional Reporter
and Notary Public within and for the State of Missouri,
commissioned in Cole County, in the above-entitled cause,
on the part of the defendant, pursuant to agreement.
000
JEFFERSON CiTy — MISSOURI
BREDEMAN & ASSOCIATES, INC.—Courr REPORTERS
24
25
open.
So you were in the rotunda area?
Q
A Yes,
Q As the inmates came out, what happened?
A As they was -- well, they was bringing the
inmate out the door. Kroeckel and Officer Goodin was.
And the inmates started coming from the back of the wing
yelling, You're not taking Jimmy anywhere. Referring to
the inmate.
Q What happened after the inmates said that?
A The other group by the toilet joined in with
these and they came up to the door. Officer Jackson was
at the back of Goodin and Kroeckel. And he was at the
bottom of the steps by then when they was coming up to it.
And he started up the steps. He didn't quite get to the
door when the other inmates reached him to where he was at.
Goodin and Kroeckel had already come through the door and
was out in the rotunda.
2 What happened when the inmates reached the guards?
A Well, there was a lot of commotion. They started
fighting, pushing up to the door to where I was at. And
by this time I started fighting with Rodney Carr.
iQ How do you know that you were fighting with.
Rodney Carr?
A Well, I knew him.
an
BREDEMAN & ASSOCIATES, INC.—CourT REPORTERS — JEFFERSON CITY MissoUR!
24
25
Q
prior to the time that you started fighting with Carr?
A
> Pp PRP P
Had Rodney Carr been close to Officer Jackson
He came by hin.
He came by Jackson?
Yes, he come by him.
Where was Jackson standing?
He was standing in front of the window right as
you come out the door.
a
A
Q
A
Were there other inmates up there besides Carr?
Yes, there was.
Do you know. any of them?
I knew Hog Roberts and I knew some others by face.
I didn't know all their names.
You knew Carr by face?
Yes.
How did you happen to know Carr by face?
Well, I'd seen him around the yard and stuff,
around the institution.
Q
A
around -- I'm not very good at judging height, but I'd say
five-eight, five-nine, something like that.
9
A
Q
How would you describe his build?
I would describe him as medium built, probably
How old would you estimate him to be?
I'd estimate him to be around early 20's.
Did you see any of the inmates with a knife?
6
Sebo
{A
HALLEY
313 Horth Wentz Street, Hacon, HO taken at__MTCM
C: ! 7
a.na,
\. sent began at_3:17 axe ——Londay. July 4 19 1983
recelved a call from CO! Marion Humphry, Rotunda Officer, Housing Unit #2.
He stated he
.2d_a ‘bunch of drunks in B-Wing and that they had run Officer Tom Jackson out of the
sina. {f then notified Lt. Kroeckel and Officer Wilson and Officer Hess to go with me
€ Housing Unit #2 ‘to check in on this matter. After arriving, Lt. Kroeckel and Officer
-sodin went inta the wing and found one drunk inmate and were going to bring him to the
‘otunda. They arrived at the Steps leading out of the ans with this inmate, and he
sent to follering and that that time approximately 35° or maybe 40 inmates came running
@ous. They grabbed Officer Tom Jackson first and had ‘him up “against the door and
aproximately, I would say, 12 or 14 inmates were trying to come out into the Rotunda.
Fficer Goodin, Officer Wilson, Lt. Kroeckel, and myself--Captain Halley--we went to {.
ighting these inmates. A number of them were armed with iron bars and knives. 1!
ed to help Gfficer Jackson get away from the inmates. They were holding him and
ering this procedure; | was knocked down twice, plus was hit in the arm with a pipe.
heard Officer Jackson holler and | finally managed to drag him out, He was bleeding
sfusely and | dragged Officer Jackson acr he Rotunda and knew a h ime.
was dying. After getting Officer Jackson out, | then discovered Officer Hess had
in stabbed ed and Officer Maupin, who was severely stabbed. Officer MaunIn had to be
| Sed by Randoloh County ambulance to the University of Missouri Medical Center in
HO. Seeing that we could not handle these men and no helo to call, | then
“Lito the Administration Building and when | entered the Administration Building | had
Petre to hit the siren, hoping it would bring more help in.
Arcciving shortly there-
\ rowas Mr.
Joe Dunnington, Education Supervisor, and Mr. Allen Personette, Plant
read the above statement consisting of 2 pages, and atcese it is a
‘cenrate account of the events whtel cook place on ad
be one freely and veluntaridy, utcthoue fear
’
of threat or promisr
|
Sislunseri ©. Ve ,
ar
cee ALLEY bou__May 9, 1922 Age 61°
a ' "
| “ ress 313 North Wentz Street, Macon, HO . taken ac MTCM
. - !
C | =
a . \
sment began ac 3:17 ae Monday, July 4, 19 83
: RAR* \
‘Continued from Page 1)
sprived, and he took a shot qun, and | took a gun. We arrived at Housing Unit #2, and
2. 1
je inmates were breaking glass and still attempting to try to come out.of the wing..
hots were fired through the glass in the direction of the inmates, but this.did put them
n their rooms. The Emergency Squad was called, and all other available personnel, and .
ze then got the situation in hand. Wings were--inmates were deadlocked jn thelr rooms,
!
: \
ind the wings were locked down. The guns were left in the Housing Unit to stand guard - i
: . : tgp 1
wa the walk-way and the Rotunda. <i :
" . C !
3 ay ; j
(Statement ended at 3:17 A.M., Monday, July 4, 1983)
7 a - '
= 7 1
fq
E \
{
. a * \
‘ 1
| co =
\ =
\
\
gad. the abave
tiny of 2 panes, and atrest ft is a
toAecurate account of the events whleh took place on_July 3, 1983
.
‘hy ne freely ant volunctartly, wtrchont fear of threat oc promter
akdudpae EE
5 ‘
4 COCA i Mitness_ he: wd oy ae Poona
= xhitat
om
Pp wD
wn
BREDEMAN & ASSOCIATES. INC.—CourT REPORTERS — JEFFERSON CITY — Missount
24
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IN THE CIRCUIT COURT OF PHELPS COUNTY, MISSOURT
AT ROLLA
DIVISION I
STATE OF MISSOURI,
Plaintiff,
vs. Case No. 5~83-692-Fx
ROBERT DRISCOLL, a/k/a
ALBERT EUGENE JOHNSON,
. September 5, 1984
Moberly, Missouri
weve eve ervey
Defendant.
000
DEPOSITION OF DENVER FRANKLIN HALLEY, a witness
produced, sworn, and examined on the 5th day of September,
1984, between the hours of 8:00 a.m. and 6:00 p.m. of that
day at the Missouri Training Center for Men, in the City
of Moberly, County of Randolph, State of Missouri, before:
NANCY A. FOX
Registered Professional Reporter
and Notary Public within and for the State of Missouri,
commissioned in Cole County, in the above-entitled cause,
on the part of the defendant, pursuant to agreement.
000
BREDEMAN & ASSOCIATES, INC.—CounT REPORTERS —- JEFFERSON City — Missouns
N
w
fy
24
25
Q After you were unable to get to him at that time
what happened?
aA I was back around again in front of the doorway.
There was Officer Wilson and I, and we kept battling.
Q With whom were you battling?
A Unknown inmates as far as I'm concerned. TI don't
know at that time. Only -- the only one that I do know is
Hog Roberts. Because he stands out like a red rose in the
Sahara Desert. No one would miss him.
Q That's because he's a large man.
A He's a big man and a lot of dealings with him.
Qa Very well. Do you know whether Mr. Jackson
stayed at that same location?
A They wouldn't turn him loose. That's right.
They wouldn't turn him loose.
Qa Was there anyone between you and Mr. Jackson?
A Inmates.
Q Did you observe any inmate strike Mr. Jackson?
A No, I did not see any with the exception of one
that made a jab at him. And he you know had a painful
look on his face and all, which you knew he was getting
hurt in some way. But you didn't -- I didn't know who was
hurting him with the exception of Hog Roberts. , ‘
Q But you say you saw an inmate jab at him. Did
you see an inmate jabbing at him with a weapon or just
Sxliat
A3
i
Call your noxt witneas, please. Cn bes
MR, FINNICAL: Your .Honoz, we call Wayne Hess,
WAXNS .HESS,. sw
being fixst duly sworn by Hershel Schafer, Clerk, testified ag :
follows: ae a aly?
DIRECT EXAMINATION
By Mr. Finnical: ‘pases s pees
Q. Sir, would you please state syoux name, .
A. Robert Wayne Hess, Sr. .-... ug ee
Q. Mr. Hess, where do you live? ~
A. _ 633 North ath, Moberly, Missouri,
Q. How aeng have you lived there, Mr. Hess? ©
I lived there about all ny leita in Moberly.
ts that the ‘prison eed, an Moberly?
ri Training |
Center “for Men?
Q.
out of the cell?
Captain Halley.
Do you wemember what time that was? |
About 10, 10:15,
Was anybedy else there?
Yos. oe Bee
Who else was with Captain Halley that night?
Kxrecckel, Wilson, me, and .Officer Dolan.
When you arrived at. 2 House, what did you do?.
Well, they said they was having trouble there in the house; |.
And what happened? oe! pene
Well, they went Gown to get this guy out of the wing and
sonebody hollering out and - said, .*You 2 are ‘not: going to tke
that man out." “And ‘thatts. when all: Of, ‘the trouble started,
Okay. Baul did you see, the’ guards go “down to get the innatd
tnaide ” the “deaes
Inside the doorway. . Does that mean tngide? Let me ask
this queenrony Inside “on the wing side or inside in the
control center?
sinside the wing,
Q.
A.
A.
Q.
. Pants,
Right inside right beside the oorway. »- Sn :
OKAY. Inside ‘the control center or inside the wing?
“Inside the pe age
; okay. 1
Rodney Carr?
: flag area? we
Yes.
Who had a knife?
Rodnay Carr.
Do you see that pergon here in the couxtrcom today?
Yes, I do. 2 ae .
Would you point him Sle Eee st’ he's wearing.
He's wearing the blue coat over there, jacket, and blue
Where was Rodnay Carr when you saw him with a knife?
Up on the Sap of the. stairway, uP ‘on top of the flags
Okay. and where were you. when you observed jthis?.
Can you describe he inite’ for the. , olka?
tes. It was about z or. 10 inches on vith nee on
765,
Ona, ‘About how 1 many -would you aay. were coring uP on the
wenkiod back outside there
. '
b
1 toward tho flag.
’ 2i a. Befora you saw him steligag by this individual, was his shirt
3 already bloody?’ By
4) a. Yes. Ee" Gals ke
Sil g. so prior to the time you saw ‘this Anmate-stab this Tom
6 daxhsor, Ait appeared that. Jackson was already bleeding
7 already? a
5 A. Yes. Sn
9 Q. Oxay. Now, where was at ‘when you saw.-- . Where was fom
#0 Jackson now when you saw hin. ‘stabbed? « : -
a A. Right there in the middle of ithe doorway.
12 Q. Okay. Now, who ‘did “you:see stab Ton “Jackson?
} . /2 A. Rodney cher, . eee tiga i ea a
M Q. Is that the sama Rodney Carr you have Adentified?
Bl al ves. 7 Te ‘g: a -
we Q. ‘Okay. Sir, I wilt show you what's been Baexea -- Can.
be _ deseribe the nite’ that, you saw? |
A. It had white tape wound around aks . i
9 Okay. I will: show you‘ what's been markéd ‘ag State's
20 Exhibit No.* 27 and” “ask” “you if -you .can Adentify- that. .
et A fee's hae” the wend there. a
: wd,
stabbed2om “Taek Son" inthe “Stomach “avea?
A. Ha was, you know -~ that do you mean by that?
Q. Vell, would you step down here, please.
Pretend that I am Tom Jackson and that you are Rodney
Carr. Did he.use his right or left hand?
A. He used his right, but Tam left-handed. :
Q. Assume that is the doorway and I am right at the doorway
iréa and -you are Rodney *
aiming into the ‘coritrol center
Carr. Can’ you describe the manner -in .which you saw the
Pl ROP Re a © ge i . é 2
Defendant stab Tom Jackgon? .
aA. Yes. Like this here. a Q
Q. Move forward?
A. - Yealis®* ne‘ moved: forward-up like this -here “He eaned ints ~
the-body of-Tom: Jackson.|,...
o. Okay. Now, Mr. Hess, could -you come down here again
‘Okay. . You Tom Jackson. You -..
chave stabbed me
where did you get this view?. Were you standing here, back
hera, over there? Where were you standing? os
A. Iwas standing right here.,....
Q. About how many feet away would you say? Seas fant”
A. About 3 or 4 feet. ... wee ee,
|.Is that your best guesstimate? ~
"23
24
25
Q.
A,
No, I did not.
Yes, I could: heaz ite.
" Okay. After the door wa,
Wag? he
Was the. Defendant “on: you jwhen he“aut“you
holding: om :to- you? Bee ie
Yes. . wiles . 7 |
What, if anything, happened that caused the Defendant to
leave you?
Another officer hit him with a ball bat.
Did you see this officer hit him?..
Okay. Could you. hear’
What did it scuindl Like hen you -heard ‘the ball bat nit?
Like a big ola
After you eae: the. sound is anything, happened to.
Rodney .Carr?
Well, he went back in
Okay. And did the inma
Yes.
Okay.” Now, aid they go ul ately back into the wing area?
Well, we forced them bac en, you know, -I got the ©
door locked down.
oked dows, sihat’ heppeneili thent
Well, we stayed there, th p came.
How long did you stay the it before help came?
Oh, about wok aontt aon t now. I'm just taking
@ guess. About.ten fteen minutes.
Is that the way the floor appeared after the inmates’ were .
-" pushed back to the wing? ..... 0 2-3.)
24 will be admitted. a. ve aes
in
Do they fairly and accurately represent the photograph of
blood that was left behind on the floor in B Wing?
Yes. E “ H
MR. FINNICAL: Your Honor, we offer State's exhibits i
Nos. 23 and 24.
MR. OSSMAN: I have no objection to 23, Your Honer. I
object to No. 24 in that counsel hasn't laid a oper:
foundation particularly in regard to a time frame with “*
xegard to Exhibit 24. ree .
MR, FINNICAL: .I will. ..
TNE COURT: Very well. ,
Yes."
“again we will:re-offer State's Exhibit
| MR. PINNICAL:
“what hour, what month,’ what year
‘ THE COURT: -That objection will be overruled. txhibit
s
sung
20
21
:proceedings were had:)
Waa-not- — person “bhat he- ‘saw atals wae csony
individual was not Rodney. Carre: He’ “aia not see & photosrasl
HMR. (CSSMAN: | Your Nonor, .I assume Mr. Finnical plans
to introduce er is trying to introduce State's Exhibit :
No. 25., which is a line-up that was held £ think on
duly 4. .
MR. FINNICAL: . Right, 60% he a.
MR. OSSMAN: And I think Mr. Finnical will agree that
there 13 evidence ~- or L.will make an offer of proof that
thére is evidence that this witness was shown other.
photographs hefore he was skaken sto ‘this jineoup ‘to identify
the Defendant.’ And on that basis I think’ the identificatloy
of, Rodney Carr. ¢ any
‘THE COURT: Is: Y ME, enka that thee. is such
Be photograph chat. was “shawn: to Ai m? .
Q.
A.
A.
at
A.
: Okay. | Now, throughout this tetah have you come to know a
" And x creck ask you ig. you can da ti
him is that wight? |
No, I cannot.
_ Okay. Row, can you .seea what was “happening to Tom Jackson
—=
Mr. Hess, x believe you andes ted at the time that yoy
sav the Defendant neithiay carr put the blade into tha side o
Tom Jackson, was 4t lower than the chest area or the chest
area? wets
Lower «chest area.
You mean down bere -or-.up-here? ry
Down here.
man | by. the name of Robert Drtacoll2 Ras
Yes.
Fa wit show you what's Leek, marked | as ‘state's Exhibit 26,
Yes. “That's Robert, Delacoll.
Okay. Now: ‘Z believe you ‘indicated that the time that
Rodney Care stabbed Tom Jackso. there was already blood on
Yes, sir. .
No, I did not.
while fe was 5 being pastrained ORE here before he came around
q
Seid
Aw
Q:
A.
Q.
A.
Robert Driscoll agvedcad ttn. thal aay, Yea gay the next day,
it may have been taken,
HR. FINUICAL: Well; ‘Your Honor, I will ask another
question.
TNE COURT: ; all ‘righ _
Doas this picture’ fatety' and aécurately - ‘Yepresent:the way
the 26th? Did you séé him'.the next day," excuse me, the
MR. FINNICAL: Okay 6 “offer Btate's “Exhibit. 26
MR. OSSHAN: No objection, ‘Your | BOROrs
_ THB COURT? aad g Exhibit 26 wil b adnit ea.
(State's Exhibit 26 was admitted into evidence.)
MR. FINNICAL: .Pass .the witness. .
THE COURT: Cross.
-MR. OSSMAN; Thank you, Youx Honor. |
AL
Q.
<3Gray pants’.
2, Yes.
What kind of shoes? secu
I didn't pay attention to no shoes.
All right. Now, it's your testimony, is it not, that you
actually saw a knife in this man's hand and actually saw
that knife go into the body of Officer Jackson?
Yes. :
Is that COREE,
Yes, I aia sea. ths knife, in his hand...”
Did you see any “other Weapons that ag
No, “k ai not.
You duty: saw one knife? -
One knifes oe
One time.
That's the only motion: you saw?
That's the only motion. one
ALL EHSHGs ang you say that you actually physically saw the
blade go in ta the body?
Now, did you have an occasion to see that knife after that?
1 confused about who did that.
ee)
nN
Now, on July 9, 1983, did you or did you not give q
3 handwritten statement concerning .this incident?
4|| A. To the sheriff I did not -giva no handwritten statement. y
wo
5 took the statement down. ..2 did not use my hand,
6 Q. I want to show you a copy dated July a 1983. It says:
‘7 statement of Rebere Wayne Hess. .Thare are two Pages a3!
8 best I can tell. Now, this ds a S COPY “I want to ask 3 ‘you
9 Af you signea that statement, not necessarily whether “you :
104. wrote it. bid you ign “tts
A.. Yes.
Q. okay. so ‘that’ lis £22 You recall it?.
= a By - . is ae et
Well, I Gannot recall dite
F if ‘
i !
: You recall ing a tatenent? .
thay tes z ; would
, okay.
MR. FINNICAL: Jay, what day waa the statement?
MR. OSSMAN: July 9. - 2...
on a : P
ntif£ication.)
wy
fact part. of: your statemént. what--Lieuténant,
Newberry said to you?
Ae Yes.
‘Q. And.what did he tell you?
Ree He just said he was going-to. prove me wrong. |
Q.° Uh-huh.
oo ‘But -~,
sk the questions, please.
A. Qkaye
Q. zane it a fact. that in- “your statement. _you “say. that
“nLoutenant Newberry cama up to: mer arid. said, tiess, ‘ria
: gc ing to prove’ “you: wrong. ou! ve got..the:..wrong man.
“a one. ¢ inmate'™ tet assume that's PEtgeoszis= ® "gave.
* BUS statement that he stabbed Jackson." Js that what
statement?
A. Yess we Sees
_ UR. OSSMAN: Can I have just a second, Your |
y Mee innicalt :
Qe what wag “the day of th c st tenont?
leet
correct, Mr. Hess?
ain
N
Six?
and you will note on the front that. ‘ts he dspositis of
‘Robert. Wayne’ “Hess. :
; “Hot the way: you said, At was
Insthat deposition “You were waked? to describe the person wh,
assaultda yo os “Stabbea™
#iéex“Jackadn. "DS" you'recayp.
that?, Re ~
Yes. :
Do:you recald what you. Badd) ‘about: the person: who stabbed you
as far as facial hair goes?
No.
You do not recall? ....
What do yop mean by that thera?
What do you mean by. that there?
Do Yee remember what ‘you said n: the deposition?
No ‘because z never read ‘the! ‘deposition
ee
Would you like a chance to Look ai it
Yes, I would,
and I am specifically calling your attention to ‘Page
Have you had a chance to review that deposition page 1d,
six?
Yes. : veda :
And what do you now recall what you’ said ‘concerning facial
hair on ote Person who a tacked you and Officer Jackson? .
Saini! first auty sworn ‘by Hershel Schafer, Clerk, testified as
Do you ‘xecall that?!
A, © -Iidon't recall ‘that’
Okay. ° a -
THE COURT: Redirect.
MR. FINNICAL: .I. have no other questions.
THE COURT: Hay this witnes: coulsed?
MR. OSSHAN': No, Your Honor
THE COURT? Very well. You will step “downy remain
'. outside. et Bae Ean
Call your next witness.
HR. FINNICAL: Robert W.
“ROBERT WILSON
follows:
DIRECT EXAMINATION
By Mr. Finnical: a
Q. Sir, would you please state your name:
A.
: Robert Wilson,
Sxiniloir
z <4 $sol COURT OF APP:
EASTE DISTRICT
ROY ROBERTS,
Appellant,
Appellate No.
vs.
STATE OF MISSOURI,
weve eye eee
Respondent.
IN_TH: IRCU: Cc MARION C:
$' F OUR,
ROY ROBERTS,
)
)
Movant, )
) No. CV386-315CC
vs. ) Honorable Ronald R.
) McKenzie
STATE OF MISSOURI, )
)
Defendant. )
TRANSCRIPT OF
27. MOTIO)
SEPTEMBER 15, 1988 “iI
" ~O od
>
Randall W. Wells, C.C.R. 4
Official Court Reporter
10th Judicial Circuit
Hannibal, Missouri
a WY BD
o eo YN DH Ww
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Back on July 3rd, 1983 how were you employed?
A I worked for the Department of Corrections,
Randolph County, Moberly Medium Security Prison.
Q And subsequent to that time you've retired,
is that correct?
A I retired in '85.
Q Now, on July 3rd, 1983, did you know the man
who's sitting next to me?
A Very well.
Q Can you identify him, tell us who he is for
the record?
A All I knew him by was Hog Roberts.
Q So you knew him by name?
A Just Hog. That's all I can recall.
Q I want to show you what's been marked as
Plaintiff's Exhibit 11, and can you tell me and the
Court what that is?
A This is just a report of what I wrote on the
happenings of that particular night.
Q Okay. When did you make that report?
A You're asking me something now -- I can't
remember what I done yesterday much less since 1983.
Q I'm not trying to test your memory. Does the
report reflect when you made that report?
A Well, that's the night it took place, July
29
(COMPUTER AIDED TRANSCRIPTION)
win F
os
o ony nan wo
10
12
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and so many things took place that it's hard for me to
say now, but I definitely gave his name as a man who was
holding him because I was right there beside him.
MR. WOLFRUM: I object. This is getting into
a narrative. Non-responsive.
THE COURT: Sustained.
Q (BY MISS MESCHER) Do you know whether or not
you would have made such a statement close in time to
July 3 of 1983?
A July 3?
Q 1983.
A Would I have made such a statement?
Q Somewhere close in time to that. Do you know
whether or not you would have said that Roy Roberts was
holding Officer Jackson sometime near July 3 of 1983,
your statement occurring sometime near that date?
A Well, it didn't happen until the 4th, did it?
You're asking me if I made that statement on the 3rd?
Q No. I'm asking you if you would have made a
statement, whether or not you would have made a
statement that Hog Roberts was involved holding Officer
Jackson sometime near the events of July 3rd?
A I still don't understand. I'm sorry. I
don't understand your question.
Q It's probably my wording and not anything
36
(COMPUTER AIDED TRANSCRIPTION)
alloy
15
a pu AS ae
IN THE MISSOURI COURT OF APPEALS ~
EAS DISTRICT
ROY ROBERTS,
Appellant,
Appellate No.
vs.
STATE OF MISSOURI,
eee eee eee
Respondent.
IN THE CIRCUIT COURT 0. RION CO
STATE OF MISSOURI
ROY ROBERTS,
Movant,
No. CV386-315CC
Honorable Ronald R.
McKenzie
vs.
STATE OF MISSOURI,
Defendant.
TRANSCRIPT OF
27.26 MOTION
ee
Sy 7
Randall W. Wells, C.C.R. =n
Official Court Reporter a
10th Judicial Circuit
Hannibal, Missouri
SEPTEMBER 15, 1988 ~it
: e?
1 hynosis or because that's what you observed? 7
2 A That's what I observed.
3 MISS MESCHER: I don't have any further ~
4 questions.
5 THE COURT: Redirect?
6 REDIRECT EXAMINATION
7 BY MR. WOLFRUM:
8 Q You say that even though you didn't know his
g name, Roy Roberts was easily identifiable to you because
10: of his size. I assume the minute you saw whatever you
11 saw, because of his size he was one of the easy people
12 to pick out, is that what you're saying?
13 A There's about twelve hundred inmates and you
14 can't remember everybody's name and face at that
15 institution.
16 Q I'm asking you what you testified to on
17 cross~examination.
18 You said you could pick him out because of
19 his size, about the biggest guy at the institution?
20 A In that wing he was. Not in the institution.
21 Q In that wing?
22 A In that wing. He lived up on the top wall.
23 Q And you're saying that at the time of the
24 incident you saw what you saw and you could identify Roy
25 Roberts because of his size, is that correct?
ie
16
(COMPUTER AIDED TRANSCRIPTION)
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A Okay. I turned around and looked and I seen
this man right here had Mr. Jackson in a headlock.
Q But my question, we've all heard that, my
question is you could -- you're saying you could
identify him because of his size?
A Not because of his size, but of his feature
and his face. I could not forget the man's face.
Q You had seen him before?
A I seen him around in the institution.
Q Did you know any nicknames that people called
him?
A Yes.
Q On July 3rd what -- on July 3rd, 1983 what
nicknames did you know that people called him by?
A Hog Roberts.
Q You knew that on the day prior to the
incident?
A I just knew they called him Hog Roberts.
Q And so you're saying that when you gave the
statements in Plaintiff's Exhibit 4 and Plaintiff's
Exhibit 5, you're saying that you knew who Roy Roberts
was, is that correct?
If you gave those statements on July 4th and
July 9th of 1983, you're saying you knew him by the
nickname Hog Roberts?
17
(COMPUTER AIDED TRANSCRIPTION)
1 A I just heard the inmates call hin Hog ~~
2 Roberts.
3 Q Fair enough. You knew that when you gave x
4 Plaintiff's Exhibits 4 and 5, right?
5 A Yes.
6 Q And in spite of the fact that you testified
7 you gave a lot of statements, you didn't give any
8 statements that you believed to be untrue or incomplete,
9 did you?
10 A No.
11 Q Okay. What walk did you say he lived on, Roy
12 Roberts?
13 A Huh?
14 Q What walk did you say he lived on?
15 A In B Wing.
16 Q Is that upper, lower?
TW A That's up. Lower and an upper.
18 Q Which one of those wings did he live on?
19 A Would be the wing on the upper wall.
20 MR. WOLFRUM: Unless Mr. Roberts has some
21 more questions, I don't. ;
22 Nothing further.
| 23 MISS MESCHER: No recross.
24 THE COURT: You may step down.
25 Call your next witness.
1.
— 18
(COMPUTER AIDED TRANSCRIPTION)
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THE COURT: You may step down.
MR. FINNICAL: Same situation, your Honor, subject
to recall. :
THE COURT: Yes. Right?
MR. MARSHALL: Yes.
THE COURT: You may leave and return to your home
but you are subject to recall so make arrangements
so somebody can get hold of you if they have to.
(The witness was excused subject to recall.)
JOE VOGELPOHL
duly sworn by the Clerk of the court, testified:
DIRECT EXAMINATION by Mr. Finnical:
Q.
Sir, please state your name.
Joseph Vogelpohl.
Mr. Vogelpohl, where do you reside?
Missouri Correctional Center, Pacific, Missouri.
How long have you lived there?
About two months now.
Prior to that where did you live?
Algoa, A.C.Cc.
Now, I will ask you if you had occasion to. reside in the
Moberly Training Center for Men on July 3, 1983?
A.
Q.
Yes, sir.
What was your status there?
i
320
24
25
the hallway?
A. Yes, Sir.
Q. Who was in the hallway? :
A. John Bolin, Doug McWorthy, Rick Beatty, myself, Robert
Driscoll, Rodney Carr, Roy Roberts. The others I can't remember
the names. Melvin Steikel, Tim Rutledge. That's all I can
remember.
Q. Now, as the group were standing in the middle of the
hallway -- strike that. Were you standing in about this general
area (pointing) ?
A. Yes, sir.
Q. As you were standing there with the group of -- how many
inmates?
A. Approximately thirty (30).
Q. As you were standing there, who, if anybody, did you
observe coming down the hall?
A. Tom Jackson and two other officers.
Q. What did you see them do?
A. Go to Room 410 and take Jimmy Jenkins out to ad-seg.
Q. Was anything said as Tom Jackson and the guards were
taking the inmate Jimmy Jenkins out? Were any statements made?
A. Yes, sir.
Q. What kind of statements were being made by the people in
the group?
Ae Roy Roberts and John Bolin said to the other inmates, are
i
326
24
25
we going to let them -- the guards -~ take Jimmy out like that.
They said, let's rush them.
Ox Were any other statements made to the guards?
A. No, sir.
Q. And as the guards start going up the hall, what if
anything, happened?
A. They rushed the guards and attacked Thomas Jackson.
Q. Did the group of inmates overcome Thomas Jackson as he
was returning, walking down the hallway?
A. Yes, sir.
Q. Where were you in the group?
A. I was off to the left side and they were in the middle
of the wing. Thomas Jackson and Jenkins got to the steps and
he was pushed down. They were at the door.
Q. There are steps leading up to the doorway?
A. Yes, sir.
Q. Other inmates were surrounding the door?
A. Yes.
Q. Where were Thomas Jackson and Jimmy Jenkins when you
observed this?
A. About in the middle of the steps.
Q. What happened then?
A. The inmates had attacked him and were trying to hold him
back. He managed somehow to slip away from them and headed for
the control center.
te
327
Q. As Tom got to the control center door, was he stopped
by anyone?
A. Yes.
Q. Who stopped Tom from getting into the control center area?
A. Roy Roberts.
Q. Was Roy Roberts in the front or back of the group?
A. He was in the front.
Q. Now, aS Roy Roberts stopped Tom Jackson from getting in
the control center did other inmates come up around the control
center door?
A. Yes.
Q. What if anything, happened then?
A. Some went out in the control center to fight with other
officers and some were fighting there at the flag on top of
the stairs and some on the steps.
Q. How far were you from where Tom Jackson, Roy Roberts
and Robert Driscoll were?
A. Approximately seven feet.
Q. By the back of the flag?
A. Yes, sir.
Q. Did you see Robert Driscoll do anything with the knife?
A. He was stabbing at Tom Jackson.
Q. What was Tom Jackson doing when Driscoll stabbed him with
the knife?
A. Trying to go out into the control center.
328
7
Q. Was something preventing him from getting into the control
center?
A. Yes, sir. :
Q. What was preventing Tom Jackson from getting into the
control center area?
A. Carr was inside the wing and prevented the door being
shut. While Driscoll was stabbing Jackson, Roy Roberts was
holding him.
Ou. Did you actually see Robert Driscoll put a knife in the
chest of Tom Jackson?
A. Yes.
Os How many times did you see it penetrate the shirt and go
in the chest of Tom Jackson?
A. Twice.
Q. - After you saw the knife penetrate the chest of Tom
Jackson, did you notice anything on his shirt?
A. Blood.
Q. After you saw it, what did you do?
A. When I seen it, I was in the process of turning around
and going back to 410 to watch T.V. I didn't want anything to
do with it.
Q. Why didn't you want anything to do with it?
A. I am not a killer. JI do not believe in killing somebody
like that.
Q. Do you remember the exact words that Roy Roberts used in
?
329
the back of the wing when they were taking Tom out -- taking
Jimmy Jenkins out? The exact words he used?
A. Not the exact words.
Q. Just generally?
A. In general, are we going to let them take him out like
that, sit here and watch them do it or do something about it.
MR. FINNICAL: I offer State's Exhibit 23.
THE COURT: Any objection?
MR. MARSHALL: 23 is Driscoll's knife? No
objection. ,
THE COURT: It is admitted.
(State's Exhibit No. 23, so offered and received in
evidence, is not included herein but will be filed separately.)
Q. Did Robert Driscoll after the incident and after the
inmates were pushed back into the wing, did Robert Driscoll
ever come to you and say anything?
A. Yes, sir.
Q. What did he tell you?
A. Did I take him out, JoJo, or did I take him out, referring
to Tom Jackson.
Q. Had Roy Roberts escaped back into the wing after the
melee?
A. I don't know, I didn't see him come back in.
Q. Where did you stay after you left and saw Jackson being
stabbed?
i
330
Syilat
AS
Q. All right, you deny that. Do you remember writing a
letter to DeWitt Burns?
A. Yes, sir.
Q. Bru-r-n-s?
A. Yes, sir.
O's Do you remember saying in that letter, old Ed Rue is
over in H-Hall in P.c. He really got involved in some heavy
shit. I heard he held Jackson while Robert was stabbing him?
A. That is what I heard.
Q. So you said that in the letter to DeWitt Burns?
A. Yes, I said that. I said that is what I heard because it
is what I heard but what I saw, I saw that man in that suit hold
Jackson,
Q. Not what you had been saying at the time?
A. I wrote that for one purpose. It also says in the letter
when I was dispersing from that scene I turned around and knocked
him on his rearend for one reason: The people up on Hospital 5
were friends of his talking tc me about it, how they knew him,
et cetera. They were bringing me my food. How would I know if
they were friends of his they wouldn't put rat poison in my
food? I was told at another time people on that -- people being
paid to put poison on the food. I wrote that letter for my
protection, to make them believe I wasn't testifying against
Roy Roberts.
Q. That is why you said when you were leaving you knocked Roy
re
335
24
25
RE-CROSS EXAMINATION by Mr. Marshall:
Q. You talked earlier about how you heard before the rush
occurred, you heard some inmates saying let's rush them or
something like that?
A. Yes.
Q. Who was saying that?
A. John Bolin and Roy Roberts.
Q. Do you remember being interviewed by Sgt. Ullery and
Corp. Merritt of the Highway Patrol on October 3, 1983, you were
at the hospital on the fifth?
A. Yes, sir.
Q. Did you tell the officers at that time that you overheard
inmate Robert (Rabbit) Driscoll and John Bolin say they should
prevent the taking out of Jim Jenkins and you related that
Bolin said let's rush them? Do you remember saying that to the
.
officers?
A. What I told the officers, I said Roy Roberts. If I did
say that, I wasn't in the right mind because I know Rabbit didn't
say nothing. He was a quiet person. Robert Driscoll, he was
quiet person. He put that knife in his back and walked out.
a
Didn't say a word. He was like that before that, he was a quiet
person.
Q« If that is what it says, it is not true?
A. Yes.
MR. MARSHALL: Nothing further.
341
I declare under penalty of perjury that the foregoing is true and correct. Executed on February
26, 1999.
Iam Richard Hays, investigator for the Capital Habeas Unit of the Federal Defenders of
Eastern Washington and Idaho. I work with the attorneys representing Missouri death row
inmate Roy Roberts.
Mr. Roberts was convicted in the killing of a prison guard, Thomas Jackson. During the
course of my investigation of the Roy Roberts case I interviewed numerous people including
Willie Dennis. I interviewed Mr. Dennis at his home, 1101 South 4th Street, Moberly, Missouri,
on February 20, 1999 at approximately 6 pm.
At the time of the murder of Mr. Jackson Mr. Dennis was a Major working at the
Moberly Training Center. According to Major Dennis he arrived at the prison within an hour of
the death of Mr. Jackson. Major Dennis relieved the guards that were involved in the initial
disturbance and proceeded, with 3 other guards, to transfer inmates thought to be involved in the
riot from B-Wing, where the riot had taken place. The transfer of inmates took place within two
hours of them being locked in their cells after the guards took control of the wing. Major Dennis
told me that he supervised the removal of Roy Roberts from the cell. Major Dennis told me that
he saw no blood on Mr. Roberts and that had he seen any blood, that he would have confiscated
any article of clothing or other item, with blood was on it for evidence. Major Dennis did not
want to sign an affidavit.
FURTHER AFFIANT SAITH NAUGHT.
Richard S. Hays
Sx
AN
POLYGRAPH QUALIFICATION oF
DONALD I. DUNLAP
Appointed to the Kansas City, Missouri Police Department December
1, 1955, as a patrolman and was promoted te "Plain Clothes" Unit as
an investigator in 1959.
Transferred to Polygraph Unit on August'1, 1960 for‘training as a
Polygraphist. Received two years "preceptor" training under
Supervisor Kenneth Johnson (Reid Control Question Technique).
(Kenneth Johnson was trained by John E. Reid.) Conducted
approximately 1,200 examinations during the two year training
period.
Attended National Training Center of Polygraph Science, New York
city, in 1966. Received six week 220 hour formal training. Mr.
Richard 0. Arther (formerly associated with John Reid) is director
of National Training Center.
Have been supervisor of the Polygraph Unit since Mr. Johnson
retired in 1969. Was involved in training of one polygraphist in
1964 and since 1969 have personally trained five polygraphists
(except for their formal six-week school) four of whom still are
under my supervision in the Kansas City Police Department Polygraph
Unit. Have personally conducted in excess of 7,500 Polygraph
examinations as a police polygraphist over the past 16% years on
Criminal cases, Internal investigations, and pre-employment
examinations. Since 1962 have been a partner of Johnson-Dunlap &
Associates (private polygraph firm) conducting private examinations
for businesses on internal problems, etc., (approximately 1,500
exams).
Have testified numerous times in Jackson County, Missouri Circuit
Court as an expert witness. Also testified in Cooper County,
Missouri.
Accepted as an active member of the Academy for Scientific
Interrogation (an international professional polygraph association)
on July 1, 1963. Became a charter member of the American Polygraph
Association on August 23, 1966 when the Academy for Scientific
Interrogation merged with three other professional polygraph
organizations. :
On June 1, 1964, helped organize the Missouri Polygraph Association
and became a charter member. Served as chairman of the membership
‘qualifications committee from May, 1965, to October, 1973. Elected
President of Missouri Polygraph Association in October, 1973, and
served two (2) year terms. Presently Chairman of the Board.
Dunlap, Donald I.
Page 2
Charter member of the American Association of Police Polygraphists.
1974 through 1976 helped organize Greater Kansas City Polygraph
Association. A charter member. Presently (1978) serving on the
Affirmation Committee. . ,
Elected a Distinguished Fellow in the Academy of Certified
Polygraphists.
Have done research on pre-employment polygraph examinations
conducted at the Kansas City, Missouri Police Department and
submitted a paper on same to the National Training Center of
Polygraph Science, results of which were used in the 1972 National
Training Center Seminar.
Personally drafted the stipulation form presently used by the
Kansas City Police Department for court admissability of polygraph
evidence. Received honorable mention in the Journal of Polygraph
Studies (Vol. VIII #2 Sept.-Oct. 1973) for contributing to the
"model" stipulation form recommended by the N.T.P.S.
Have lectured on proper procedures for the investigator in regards
to the use of polygraph to numerous detective training classes at
the Regional Center of Criminal Justice and also at Training
Classes for Metro Squad Detectives.
Presently Chairman of Audit Committee AAPP.
Presently Chairman of Board-Missouri Polygraph Association.
Have personally drafted proposed polygraph licensing bills
introduced in Missouri Senate for the past four sessions.
Have had full responsibility of operation of Polygraph Unit since
Mr. Johnson retired in 1969.
Attended and completed courses on Organization and Management,
Human Relations and Supervisory Training and Police Operations and
Methods at the University of Kansas City in 1958.
Have attended numerous supervisory and management courses offered
by this department during the past several years.
Have attended seminars and short courses on polygraph as follows:
1963 - University of Oklahoma - Polygraph Examination Clinic
1964 - University of Oklahoma - Polygraph Examination Clinic
Dunlap, Donald I.
Page 3
1964 - Academy for Scientific Interrogation Seminar
(St. Louis)
1967 ~ National Training Center Seminar - New York city
: 5
1968 - National Training Center Seminar - New York City
1969 - National Training Center Seminar - New York City
1970 - National Training Center Seminar - Los Angeles
American Polygraph Association Seminar - Los Angeles
1972 - National Training Center Seminar - Chicago
American Polygraph Association Seminar - Chicago
1973 - National Training Center Seminar - Jefferson City, MO
American Polygraph Association Seminar - Miami, FL
1972/ John E. Reid Seminars, Series I, II, III, IV and
1974 Interrogation Seminar - Chicago
1976 - Coordinated Missouri Polygraph Association and Greater
Kansas City Polygraph Association Seminar - Kansas
City, Missouri. Conducted by Ronald E. Decker,
Director, U.S. Army Polygraph School
1977 - Texas Department of Public Safety Polygraph Seminar -
Austin, Texas
1977 - Missouri Polygraph Association Seminar - St. Louis
1978 - American Association of Police Polygraphists Seminar
- Austin, Texas
Have accumulated a "Library" of over 20 books and publications
pertaining to Polygraph Technique. Presently receive periodicals
from the National Training Center and American Polygraph
Association on a bi-monthly basis.
UPDATE: (1982)
Present Position:
Chief Polygraphist, Kansas City, Missouri Police Department,
Polygraph Unit Commander (Equivalent, Captain) Supervising four
polygraphists.
Owner, Dunlap-Johnson & Associates (Private Polygraph Business)
Dunlap,
Page 4
wt
Donald I.
Additional Training:
1978
1978
1980
1981
1981
Missouri Polygraph Association Seminar, Kansas
city, R.O. Arther, Seminar Leader.
American Polygraph Association Seminar, St. Louis.
Missouri Polygraph Association Seminar,
Springfield. Dr. Stanley Abrams, Lecturer.
Missouri Polygraph Association Seminar, Kansas
City. John F.X. Lyng, Lecturer.
American Polygraph Association Seminar, Houston,
Texas
Have coordinated the Missouri Polygraph Association effort to enact
a licensing law in Missouri for the past several years. (Since
1964).
DON DUNLAP & ASSOCIATES
Certified Polygraphists
Personell Consuttants
HCR 66 « Box 150-A15
Warsaw, Missourl 65355
January, 1995 OUP AC
Since retirement from the Kansas City, Missouri Police Department in
1985, I have practiced private polygraph testing, conducting examinations
in criminal and civil cases at the federal and state level and in military
cases.
Since 1989 { have conducted polygraph examinations in law enforcement
eases for the Benton County Missouri Sheriff's Department as a Deputy Sheriff
Reserves in cases in Benton County, Henry County, Cooper County and Morgan County.
My present work involves Polygraph work for dozens of attorneys,
including the Missouri Public Defenders Office, over the State of Missouri,
and many in the State of Kansas.
DUNLAP - DUKE & ASSOCIATES
CERTIFIED POLYGRAPHISTS,
SUITE 1045 OZARK BUILOING
206 GRANO AVENUE
POST OFFICE BOX 15602
KANSAS CITY, MISSOURI 64106
LESTER L. DUKE. APA. DON DUNLAP. ACR. APA
TELEPHONE 421-2772 : teow 3 2 exon TELEPHONE 474.4494
AREA COOE 816 x ™ - vi = AREA CODE 816
January, 1985
ANNOUNCEMENT , .
0 *
After more than 24 years of law enforcement polygraph experience (9 years
as a full time Polygraphist and (55 years as Chief Polygraphist) 1 must
retire from the Kansas City, Missouri Police Department with 30 years
service.
I have, for several years, maintained a private polygraph business,
Dunlap-Johnson & Associates, more recently Dunlap-Duke & Associates, at
906 Grand Avenue.
Having studied under the most highly qualified polygraph professionals,
such as John E. Reid, Chicago, Richard 0. Arther, New York, and Kenneth
Johnson, Kansas City, I believe my background in the polygraph profession
qualifies me for any Polygraph Consultation and Examinations.
I plan. to continue my private polygraph practice, conducting polygraph
examinations in criminal cases, pre-employment screening, internal matters
and continuous polygraph programs.
Should you, in the future, have need for my services I would consider it
a privilege to consult with you.
DON DUNLAP & ASSOCIATES
Certified Polygraphists
Personell Consuitants
HCR 64 « Box 150-A15
Warsaw, Missouri 65355
February 20, 1999 Taamone seeee9
Bruce D. Livingston
Capital Habeas Attorney
Federal Defenders of Eastern Washington and Idaho
Capital Habeas Unit
201 North Main
Moscow, Idaho 83843
Re: Roy Michael Roberts
- Polygraph Interview
Dear Sir;
As per your request, an appointment was made for a
polygraph examination of Roy M. Roberts in regard to the
stabbing of Correction Officer Thomas Jackson which occurred
on July 3, 1983, at the Missouri Training Center for Men, Moberly,
Missouri. At 9:44 a.m. on February 19, 1999, Mr. Roberts
voluntarily submitted for said examination which was conducted
at the Missouri Department of Corrections, Potosi, Missouri.
It is the opinion of the polygraphist that deception was
not indicated in this person's polygraph records when he answered
the following questions as indicated:
1. When Jackson was being stabbed, were you holding him
in any way? Answer, No.
2. When Jackson was being stabbed, were you holding him by
the hair? Answer, No.
3. Just before Jackson was stabbed, did you pin him against
a door casing? Answer, No.
4. While Jackson was being stabbed, did you have any physical
contact with him? Answer, No.
This opinion is based on recordings of physiological changes
in the first two relevant charts of the examination. During the
interview, the subject being uncomfortably cool, asked for his
jacket. However, due to prisoh regulations, he was not allowed to
have it in the interview room. Prior to the third (last) relevant
chart, the subject was noticeably shivering which, in the opinion
of..the polygraphist, caused distortions in the recordings of the
RECEIVED
FEB 25 1999
FEDER ARTIC
(Page 2)
Polygraph Interview
Roy Michael Roberts
chart. These distortions do not, in the opinion of the polygraphist,
indicate deception.
A form release was signed by the subject prior to the examina-
tion and is incorporated as part of our file in this case.
Respectfully,
here gharbuge
Don Dunlap, A.C.P.
Polygraphist
DD/sh
I declare under penalty of perjury that the foregoing is true and correct. Executed on February
26, 1999.
I am Richard Hays, investigator for the Capital Habeas Unit of the Federal Defenders cf
Eastern Washington and Idaho. I work with the attorneys representing Missouri death row
inmate Roy Roberts.
Mr. Roberts was convicted in the killing of a prison guard, Thomas Jackson. During the
course of my investigation of the Roy Roberts case I interviewed numerous people including
Michael Dunn. I interviewed Mr. Dunn at an Iowa correctional in Clarinda, Iowa.
Mr. Dunn testified at Roy Roberts trial in January of 1985. At that time he claimed to
have seen Roberts hold Tom Jackson while Mr. Jackson was stabbed. When I spoke with Mr.
Dunn February 19, 1999 he told me that he had lied at Roy Roberts trial and that he had not seen
Roberts hold Jackson. Mr. Dunn told me that he lied in order to get parole from the state of
Missouri.
FURTHER AFFIANT SAITH NAUGHT.
Richard S. Hays
/ Ae nN VOLUNTARY STATEMENT j
(NOT UNDER ARREST) BAGENG: OF _<_pacts
LAS Bon :
wie sav am not under arrest for, nor am I being detained for any criminal
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have read each page of this statement consisting of ___________page!s), each page of which bears my signature, aitd corrections, if any,
~—gar-my initials;-and-1-certify that the facts contained herein are true and correct.
art this day cf. 19.
VITNE- 2. thet EE ‘4 /] i Parana
sigue ‘of person giving voluntary statement
