Linda McDermott, Esquire Attorney at Law

This is just to give you a legal update and give praise to Linda McDermott who is one hell of an attorney!!

On April 20, 2011, my birthday, I received the draft Federal Habeas Corpus Petition and the Memorandum of Law in support of Federal Habeas Corpus Petition and all I can say is “WOW!!”  Not only did she follow my instructions but she took it to a whole new level.  This woman is a brilliant, magnificent attorney.  She has blown my mind with the way she hooked this up.  I’m speechless…  I heard she was good through the rumor mill…but when I sat back and read her work…I just couldn’t believe some of what she did here.  She is actually fighting for me and you can see it in her work.  I can’t go into any details…attorney-client confidentiality.  Now that I finally have an outstanding attorney, I have to sit back and allow her to fight for me.  I just had to sing her praise and let the world know…Linda McDermott deserves and earns the title Esquire for she is without a doubt one of the best Appellate attorneys in the state of Florida.

I want to thank you Linda for your hard work and for tolerating me when I lost all faith.  I now know that I have one hell of an attorney.  Thank you, Thank you, Thank you!!!

Sincerely,

Ronnie

Justice My A**

On Friday, February 11, 2011, I watched the Florida Supreme Courts oral arguments in the Andrew Lukehart case.  Justice Barbara Parienti asked Assistant Attorney General, Charlene Milsap (who once had my case in the late 1990s) why Lukehart’s evidentiary hearing took over eleven years to be conducted.  Ms. Milsap could not give a logical response.  This was an issue that I brought before the Florida Supreme Court (FSC) for which they did not want to address.  In Jones v. State 740, s02d520 (Fla 1999) the FSC overturned Jones case because of a decade delay.  Why these other attorneys are not raising this on appeal is beyond my comprehension.  Maybe it’s that these two-bit state appointed, state paid lawyers are selling their clients out!  What other explanation is there for not raising valid legal claims allowing the court to rule up on them as Jones’ lawyer did in 1999?  These Justices know that The Circuit Courts and State Attorneys are stalling these cases.  So you would think these Justices would simply step up and take the valid legal necessary actions required by the law, rather than sitting back ignoring this problem.  You’ve heard the saying “justice is blind”.  Well, I am here to tell you it is deaf, dumb and riddled with stupidity as well!  For equal justice is the biggest hoax that I have ever seen, and our Florida Supreme Court is complicit and these two-bit, no account lawyers like Harry P. Brody have the scales of justice so out of balance here in Florida that they all need to be thrown out and the whole system needs to be revamped!  We need Justice’s with heart!  We need lawyers with backbones!  Who is going to stand up and fight for human rights! For equal justice! Fight to do what is right!  But that is not what we have.  What we have is heartless, spineless individuals who are standing behind this façade of equal justice, and that is what I am trying to bring to your attention.

Thank you for allowing me to share my thoughts and insight with you.

Sincerely,

Ronald W. Clark Jr.

My Thoughts On The Murder Of Ronald Willis

It  was a cold, calculated, unnecessary and senseless murder that robbed a daughter of her father.  I didn’t know the man nor his family. I had seen his father, Mr. Willis, in court as well as his daughter and several family members at the February 2007 evidentiary hearing.  All I can say is the man was robbed of his life and in my opinion... I am just as guilty as John David Hatch for I did absolutely nothing to stop this senseless murder.  He (Hatch) picked the perfect time and place as can been seen in “The Evidence”.  Hatch was the triggerman and that can be seen in his inconsistent testimony.  The fact still remains that I did nothing to stop it and for that I am truly, truly sorry.  That was a coward moved on my behalf.  But… there is no good excuse.  I was a fallible young man at his worst.  I’ve made more mistakes in this life time than any ten men combined have made.

I have a guilt that I have to live with that goes way beyond the Willis family.  I am so very sorry for the pain and anguish that Hatch and I brought into their lives on that fatal night of January 12, 1990.  So if you are reading this “I am truly sorry!!”.  I expect no forgiveness.  I don’t forgive myself so I wouldn’t expect you to forgive me.  I seem to find comfort in allowing the guilt to eat away at me and like I said, there are other issues that the guilt of the the pain I’ve caused to people that I love is it just weighs so heavily on my heart that you could not possibly imagine the guilt that I have to live with.  I wish I could go back and change the past…but as we all know we can’t.  We must live and die with our mistakes…I’ve made far too many mistakes…I’m a walking, talking disaster area.  I put the “S” in stupidity!!

I am not looking for forgiveness or sympathy.  What I would like to see is equal justice.  Had John David Hatch been sentenced to death, then I would have no qualms about sitting here waiting to die for a murder that I did not prevent but did not commit.  Again, in my mind I’m just as guilty as Hatch.  For my part in the murder of Ronald Willis, I truly do apologize to his family and friends for my inept stupidity that resulted in the loss of their loved one.  Forgive me not, for I do not forgive myself.   

Regretfully submitted,

Ronald W. Clark, Jr.

The Killing Machine

I arrived on Florida’s Death Row on Friday February 22^nd 1991. At that time there had only been 25 executions since it’s re instatement in the 1970’s. That 25^th execution was Raymond Clark who had spent 13 years on Death Row.

Several months after my arrival the Governor would sign Roy Harich’s death warrant and scheduled his execution for April 24^th 1991 four days after my 23^rd birthday. I didn’t know Roy but I was around guys who did know him and I could see how it affected them. Back in those days the Electric Chair called ‘Old Sparky’ was used. Weeks before the execution the generator would be started several times a week in preparation for the execution. This took a toll on a lot of men. The next three men who were executed while I was still in the building were number 27 Marion Francis executed June 25^th 1991, number 28 Nollie Lee Martin executed on May 12^th 1992 and number 29 Edward Kennedy executed on July 21st 1992. I saw the stress that it put on the men who knew them. We could smell burnt flesh during these executions. Guys that were located in certain areas could watch the vans filled with witnesses pull in and out, watch the hearse pull in and out and pick up the body. Witnessing that was even more disturbing but it would be some years later before I’d witness that.

On February 23^rd 1993 I’d get transferred form Florida State Prison to the new death Row housing unit at Union Correctional Institution (UCI) and on April 21^st 1993 the 30^th man to be executed would be Robert Henderson. Again I didn’t know him but over here at UCI it was as different as night and day. You were separated from the experience of the execution. The only way you knew about it was if you were keeping up with it through the news or newspapers.

The 31^st execution would take place on May 8^th 1993. I knew this man and lived around him. His name was Larry Johnson who we called Timebomb. He was only in his late 40’s but looked like he was in his 60’s. Life had not been kind to him at all. Number 32 would be Michael Durocher executed later that year on August 25^th 1993. He was only on the Row for two years. He arrived a few months after I did. I didn’t know him but I had passed him in the hall and had seen him in Medical. The next three men were Roy Stewart executed April 22^nd 1994, Bernard Bolander July 18^th 1995 and Jerry White executed December 4^th 1995. I had seen these guys around, been on the recreation yard with them but I wasn’t close to them.

In October 1994 I moved to the top floor of C Wing and there I’d meet Phillip Atkins who lived several cells down from me. We called him ‘Bull’. Why? I DON’T KNOW. He was a puny little white guy, 5 foot nothing, 100 plus pounds. He played basketball and I’d talk to him on the yard. In mid 1995 as I’d pass his cell going to the shower or a call out or visit Bull would always be there sitting on the edge of the toilet smoking a cigarette. I could see the stress in his face, I could see the change. One day in September or October 1995 while on 2 wing recreation yard the basketball game had ended and he came over and began talking to me. He said ‘man they are fixing to sign my warrant any day now and he said ‘and I’ve got a really bad case’. I said ‘I don’t want to know what you are in here for. I judge you on who you are now not what you did’. We then got interrupted because the officers called me off the yard for a call out. Several days later his warrant was signed and on December 5^th 1995 Bull would be the 36^th man to be executed by the State of Florida. And only through the news coverage did I discover his crime. But I got to know the man not the crime.

John Bush, who we called ‘Little John’, would be the next man executed on October 21st 1996. And shortly after that on December 6^th 1996 they would execute John Mills. Pedro Medina who we called ‘KC’ would be the 39^th man executed by the State of Florida, on March 25^th 1997. He was a black Cuban. This man was eating his own feces leading up to his execution yet they still murdered him under the mantle of Justice, for the sake of an eye for an eye, blood for blood. A year after KC’s murder the Governor would sign four death warrants. Gerald Stano who they would kill on March 23^rd 1998, Leo Jones who they would murder on March 24^th 1998. There are still a lot of unanswered questions concerning his guilt. And on March 30^th 1998 Florida would execute the first woman since the re instatement of the Death Penalty making Judias Buenoano the 42^nd person to die in Florida’s electric chair. The 43^rd would be Danny Remeta. I had never lived around Danny but I had spoken to him and his wife in the visiting park on many occasions. They were both very nice people.

The last person to be murdered in Florida’s electric chair would be on July 8^th 1999, Tiny Allen Davis. The uproar over this botched execution, being the third botched execution in a decade starting with that of Jesse Tafero, an innocent man that Florida murdered on May 4^th 1990. Flames shooting from the top of his head, burnt flesh as he jerked against the straps that held him in ‘Old Sparky’. Seven years later they made the same mistake killing KC. Tiny’s execution threatened to shut Florida’s machinery of death down. So in January of 2000 Florida would reconstruct the death chamber and implement lethal injections.

In December 1999 I was moved back to Florida State Prison (FSP) and placed on Q wing on the second floor due to an incident I had been involved in. So I could hear the construction work being done in the execution chamber. And as soon as they had finished the Governor would re sign the death warrants of Terry Sims and Anthony Bryan, two men that I knew very well. I had lived around both of these men. I had met Tony’s family in the visiting park. When their 30 day warrants were signed they would be placed on the bottom floor of Q wing in a death watch cell. So for the next 30 days I would speak with them through a vent in the back wall. I’d see Tony in the non contact visiting park with family and friends and I could only imagine that their suffering was far out reaching his. For the survivors (family) would have prolonged suffering that would last for years as they slowly witnessed what is the greatest degree of pre meditated homicide to have ever taken place.

On February 23^rd 2000 I would talk to Terry for the last time at approximately 6am an hour before his death. He said ‘I talked to my son last night on the phone and he sang me a song that he wrote for me’. He said for his last meal he had had fish (Grouper), French fries and a Boston cream pie which he shared with Tony. He said ‘They are here for me man, I’ve got to go. Ya’ll take care and I’ll see you on the other side.’ I got down stood at my cell door looking out across the hallway. I saw the van pull in through the window, I saw the white hearse pull up and stop in the parking lot outside the fence, waiting, preying over Terry’s dead body like a vulture. I knew what was going on under me. Murder in the fraudulent name of equal Justice! Bullshit!! It’s not Justice, it’s freaking revenge!! I watched the witness vans leave and the hearse pull in and within 15 minutes I watched it exit out of the back of FSP with the body of Terry M Sims the 45^th person to be executed since 1976 and the first person to be put to death by lethal injection in the State of Florida on February 24^th 2000.

I’d repeat the same thing. I woke up called down to Tony and we talked until they came to get him. He was preaching about his Christian faith. I just listened and agreed until he had to go. He spoke about the last visit with his family. So I imagined they were out there with the protestors. I thought of them as I stood over at the bars and watched the vans come and go. As I watched the hearse pull in and then leave. There was fog that morning and as that hearse sat at the back gate with Tony’s dead body I saw the sun shine down through the fog and it was amazing. From where I was standing that was the light that I needed to start my fight to educate people on the injustice of capital punishment.

The 47^th execution was June 7^th 2000. Bennie Demps who we called ‘Dezalene ‘ or ‘Dez’. I had spoken to Dez back in November or December 1999 in the visiting park after he had come back from an outside court and he was positive things were looking up and he was going to get his sentence overturned. So in April when I heard he got his warrant signed I was shocked that he was now downstairs. I would run into him in the hallway on several occasions and he would nod his head and say ‘take it easy’. I knew it was a long shot for him to get a stay. I could see the defeat in his eyes. He never got on the vent to talk. This was not the same happy go lucky Dez that I knew.

Fourteen days after they murdered Dez they would kill Thomas Provenzano. They had him scheduled to be executed on June 29^th 2000. I never spoke to him on the vent. I had only seen him in passing at medical and legal call outs. I stood that morning and watched the vans pull in. I had seen the hearse out in the parking lot. Just after 7am I saw the vans leave and thought that’s too early. And then the hearse left which told me that he got a stay of execution. I learned later that he was strapped to the gurney, needles in his arms and at the very last minute the phone rang. It was the governor’s office and they issued a stay. However the stay was a 24 hour stay and the next morning June 21^st 2000 he was thrown back on the gurney and killed.

Dan Hauser would be the next man executed on August 25^th 2000 but I call this ‘state assisted suicide’. He terminated his appeals in order to escape this brutal world of the condemned. As would my friend, the 50^th man killed by the state of Florida, Edward Castro who we called ‘Gato’. He was killed on December 7^th 2000. By this time I had been moved off Q wing and on to G wing formerly known as R wing death row housing. There I could still witness the vans entering and exiting as well as that white hearse. Robert Glock who we called ‘Tattoo’ after the little guy on Fantasy Island would be the next man executed on January 11^th 2001. He was on G wing several cells down before they killed him so I got to know him there. That’s tough watching a healthy human being be put down euthanized like a stray animal. The next man was even more difficult, for he was my neighbor Rigoberto Sanchez-Velasco, known as ‘Sanchez’. We used to gamble, play cards. He would do art work for me and we would talk. Again I knew the man not the crime and it was a crime that was eating him up inside. So he had dropped his appeals and Governor Bush and the state of Florida assisted Sanchez to commit suicide on October 2^nd 2002. To this day I still have the cards we played with. One of the officers came over and told me that Sanchez sent his regards to you on the way out and he was joking with the officers as they passed the air conditioning unit saying ‘Hey can I take that with me. I might need it where I am going.’

A week later Aileen Wuornos would be the 53^rd person and the second woman executed by the state of Florida.

On November 7^th 2002 I was placed back on G wing with Linroy Bottoson who had gotten a stay of execution that year, as well as Amos King who I had known for over a decade. On December 9^th 2002 Linroy would be executed and Amos King would be executed on February 26^th 2003. I’d see him several days before his execution and again I saw that hopeless look in his eyes. The same look that I had seen Dez’s eyes. The next two executions would be Newton Slawson on May 16^th 2003 and Paul Hill on September 3^rd 2003. I had seen Paul Hill around and I knew his case, killing an abortion doctor.

The next execution would take place on February 4^th 2004 Johnny L Robinson. I knew him well. I lived around him for two years on the old S wing at FSP. He used to do some beautiful crochet work. I met his wife in the visiting park once. She used to come down from Alabama to see him. His death was an emotional strain on me.

The 59^th execution would be that of John Blackwelder on May 26^th 2004. Although he had only spent just over two years on death row I had known him since 2000. I met him in the summer of 2000 while on Q wing. John did not commit the murder that he was executed for. I don’t think this I know this. See John was in the prison population and he was being sexually assaulted. Used as a sex toy. He had had enough of it so Charles Globe told him he could get him out of there if he was willing to take the blame. So Globe killed the victim who was another gay guy. John would take the blame and get a free ticket to death row, where he would drop his appeals and the state would assist in his suicide.

Glen Hocha who we called ‘Raven’ would be the 60^th person executed on April 5^th 2005. He also used the machinery of death as a tool to commit suicide. By this time I was back at UCI. Clarence Hill who we called ‘Mobile’ or his Muslim name Raizot would be the next man killed on September 20^th 2006. I knew him well and played basketball against him over the years. Shortly after his death they would sign the death warrant of Arthur Rutherford who went by the name of Dennis. He would be put to death on October 18^th 2006 and I knew him as well.

The 63^rd person executed by the state of Florida would be one of the more famous Danny Rolling who would be put down on October 25^th 2006. I knew Danny pretty well. I could see that he was mentally disturbed. I recall a disturbing conversation between him and another inmate over a K Bar knife and I knew then that he wasn’t wrapped too tight. I still have a drawing that he did for me.

Angel Diaz who we called ‘Poco’ was the next man to not only die in Florida’s death chamber on December 13^th 2006 but to be tortured. The execution went terribly wrong. The IV that the deadly cocktail would flow through was put in wrong, they missed the vein and the poison was absorbed through the body tissue. Six years earlier they butchered Dez when they couldn’t find a vein in his arm.

Mark D Schwab would be the next man to be executed on July 1^st 2008. I was on the bottom of one wing formerly known as A wing when they signed his warrant and took him by my cell. I had lived around him several times over the years. The 66^th man to die was Richard Henyard on September 23^rd 2008. I knew Little Rich well. I had lived on the same wing with him and Mark on two separate occasions. So these were extremely difficult executions to deal with. I am just glad that I wasn’t at FSP.

The next person was Wayne Tomkins who we called ‘Grey Cloud’. He would be killed on February 11^th 2009 yet he spent a good five years on G wing with a warrant signed but no date. Which I’m sure was hard on him and his family.

The 68^th man would be John Marek who would be executed on August 19^th 2009. I didn’t know him, I knew people that did.

The 69^th man and last execution to this date was Eddie Gross a man who we called ’Eddie Spaggiti’. I met him and his family in the visiting park. Luckily his mother passed away before they killed him.

These are the executions that I’ve experienced here on Florida’s death row. It would be a good thing if I never have to update this essay. Unfortunately I don’t see that happening. Human’s blood lust for vengeance seems to over ride human decency. And the death penalty is an act of revenge, the thirst for death. One day a time will come when a more civilized society will look back on us with the same contempt and disgust as we have looking back at the murders and executions of the Roman Empire. But until that day the killing machines in America will continue to spit bodies out because of our blood lust for vengeance.

Loneliness

Loneliness ….an emotion that every living being experiences at some point and time.  Whether it’s a stray animal or one of us humans.  It’s a feeling of dread of abandonment of total isolation, and let me tell you ….it can be the most daunting experience in a place like this, where there is no one to reach out to… for fear of trust.  For in here, you learn to trust no one, like you’ve never learned to trust no one before! For this place breeds mistrust, and that in turn causes more separation, more isolation and a deeper loneliness like most will never experience. And that you can be thankful for not experiencing.  Hopefully you will never have to deal with a hell like this, but if you do, then you will have to dig down really deep in order to survive…and survival will be your goal.  You will fight to find moments of joy or peace and tranquility.  You will be lost in a world like no other.  Your world will be turned upside down! Absolute madness! Total chaos! Where stupidity is a daily experience and one like no other.  How can one survive in such an environment?  I often ask myself that same question, and sometimes survival in here is second to second.  Live in this very moment, exist in this second and don’t try to do any more than that! For each and every second may require a different set of circumstances or a different thought, to get through that moment.  This place….and the day to day survival within its like nothing you have ever experienced.  This is your worst nightmare gone terribly wrong, for not only are you alone and isolated from society with limited human contact, but you sit in this cage with the imminent onslaught of death hanging over your head for decades! Witnessing the men you have known, being murdered by the state under the fraudulent concept of equal justice.  This in turn brings more daunting loneliness and depression into an existence that is already far too lonely to begin with.

Some people think they know what true loneliness is, but unless they experience this, they truly have no concept of true loneliness, yes, they may know loneliness to a degree, but, this place takes loneliness to a whole other level like I have never experienced before!

What I am getting at is, no matter how bad you think the situation is, it could be worse.  You could be here, secondly, no matter how hard things get, eventually they have got to improve, and for them to improve, and for you to really appreciate the improvement, you have to experience struggle.  I’ve dug and clawed my way through this life, and I have come so close to giving up on many occasions, but I have hung tough, I have endured.  You can do the same.  No matter how hard things are today, live for tomorrow for they will eventually improve.  So fight the good fight, and fight for a better tomorrow.  I send peace and love to you all.

Sincerely,

Ronnie

The Evidence

Here, we’re going to be examining evidence and testimony that the jury never saw due to my incompetent attorney/current judge Henry E. Davis, as well as my prosecutor/current judge Lance M. Day, and due to the fact that my trial judge David C. Wiggins held up an evidentiary hearing for over a decade until Harry P. Brody finally sabotaged the evidence you’re about to see.  He tried to procedurally bar it. Welcome to the corrupt United States justice system.

Please view Exhibit (A), the July 19, 1990 FDLE lab report.  View exhibits 35 through 39.  This is the clothing that Hatch (my co-defendant) and I were wearing the night the murder took place.  The prosecutor, Lance M. Day, concealed this clothing from the jury and my attorney; Henry E. David failed to examine it.

Please see Exhibit (B) and (C) pages 57 and 70 of Judge Henry E. Davis’ testimony at the February 26, 2007 evidentiary hearing.  Questions (Q) by Mr. Brody, answers (A) by Judge Davis:

Page 57 lines 17 through 24

17.  Q: Did you have any other people working with

18.  you on the case?

19.  A: Other than the witnesses who were the experts

20.  who were appointed I did not hire….did not

21.  retain a private investigator on the case cause I didn’t

22.  really want a private investigator on the case.

23.  Q: You didn’t want one?

24.  A: No, sir.

Let’s now look at Exhibit (C) page 70 of Judge Davis’ testimony. 70 lines 8 through 18:

8. Q: Do you recall if you ever went to the
9. sheriff’s office to examine the things that they had
10. gathered in their investigation?
11. A: I have no independent recollection of that,
12. but typically any criminal case whether it’s first
13. degree murder or stealing a car or something, you
14. would – I would ask to see all of the states evidence
15. before trial, the actual physical evidence, and I would
16. get that from the state’s attorney’s office.  I wouldn’t go
17. to the sheriff’s office.  I would look at what the state
18. represented it had.

This is why the prosecutor was able to keep the clothing out of the court evidence.  This is why he didn’t track down any witnesses, so we lost the testimony of the clerk in the country store15 to 20 minutes before the murder who could have identified the clothing.  We lost the testimony of the clerk in the Little Champ store at Imason Park, the waitress at Jackie’s Seafood and at the Huddle House on I-16 in Georgia.  Mr. Brody helped protect the honor and integrity of Judge Davis by not bringing this evidence out at the evidentiary hearing.  So neither the jury nor the court has ever seen the blood-soaked clothing of John David Hatch.  Never seen the testimony of Mecca Ann Bailey, of Officers Sares and Hodges, or any of these witnesses, which you’re about to see.

Before we get into that, I want to show you the testimony of Joseph Lee Strickland and show you how then prosecutor now judge Lance M. Day had this witness lie and mislead the jury.

Please view Exhibit (D), which is Joseph Strickland’s sworn testimony taken the night of the incident of January 13, 1990 and view page 10 and 11.

Strickland is Hatch’s friend, and he has no idea of who I am, so he’s referring to me as the blonde-headed boy. See page 10, lines 7-9

7. The blonde-headed boy, he was walking around

8. like he was on, you know, something besides

9. life.

When asked again about our intoxication see page 11 lines 1 and 2 and lines 9-11

1. The boy, he was falling-down drunkness, the
2. blonde-headed boy. 

9. From what I understood, yeah from what I seen
10. and understood, they-the blonde-headed boy, he was- I
11. don’t know, he acted like he was on something.

This is Joseph Lee Strickland’s testimony before it’s tampered with.  As you can see, he’s testifying that I’m out of it.  I had been popping pills and drinking for over 24 hours straight.  I passed out for about an hour early that morning. The prosecutor was holding over Strickland’s head 1) sales and distribution of an illegal drug and 2) perjury for lying in this sworn statement about not selling the drugs or firing the gun.  3) possession of stolen property 4) convicted felon in possession of a firearm and 5) child endangerment for leaving his infant son in that truck with a loaded gun.  This is why Joseph changed his testimony and lied to the jury.  So let’s look at the lie by viewing Exhibit (E) pages 426 and 427 from my January 20, 1991 trial transcripts, starting at line 23:

23.  Q: Did you ever work as a bartender?

24.  A: Yes

25.  Q: And how long ago was that?

Page 427 lines 1-12

1. A: In ’85 and ’86
2. Q: All right, and did you have occasion to see a lot of people
3. Under the influence of alcohol?
4. A: Yes
5. Q: Let me ask you this, how would you describe the mannerisms
6. of the defendant as you saw him that day; did you ever see him
7. staggering?
8. A: No
9. Q: Did you ever see him talking with his speech slurred?
10. A: No
11. Q: Did he appear to know what was going on around him?
12. A: Yes.

That’s the lying testimony that then prosecutor/current judge Lance M. Day used to mislead the jury.  And my attorney Henry E. Davis failed to impeach Strickland on.  And then Harry P. Brody would not present during my 3,850 evidentiary hearing. We’re now going to look at the other available evidence that Mr. Brody should have presented during the evidentiary hearing to prove an ineffective assistance of counsel claim on Henry E. Davis.

The three key witnesses in this case that solidified the prosecutor’s conviction were Mary Hatch who puts me in possession of the gun 15 to 20 minutes before the murder, John David Hatch, who testifies that I’m the shooter, and Billy Jo Beeman, John David Hatch’s sister-in-law, who testifies that I’m in possession of the gun 30 minutes after the murder.  So we’re going to examine the testimony of Hatch, his mother and sister-in-law, and the testimony and evidence that should have been brought out at trial, as well as brought out in my evidentiary hearing.

Please view Exhibit (F) pages 28 and 29 of John David Hatch’s June 27, 1990 sworn statement.  On page 28, line 13, Hatch states we spoke two weeks ago and he and I were in Nassau County Jail, when I allegedly told him this story about what we should have done.  And Hatch testifies to this story at trial.  See Exhibit (G) pages 475 and 476 of trial transcripts.  Now please view Exhibit (H), which is a General Incident Report written by Officer Sares, witnessed by Officer Hodges dated May 5, 1990, over one month before Hatch alleges this conversation took place.  And he has threatened to kill me.  Which shows that we’re not on speaking terms.  And it also shows that precautions were being taken to keep Hatch and I separated.  He was in pod one and I was in pod three.  The prosecutor was supposed to turn this document over to my trial attorney and didn’t.  But had Mr. Davis hired an investigator, he would have discovered this document on his own.  Mr. Brody was also supposed to produce this document at the February 26, 2007 evidentiary hearing and produce Officer Sares, Hodges, and their OIC (Officer In Charge) who signed off on this document to prove that Hatch and I were not ever in a situation where we could have had this conversation.  The testimony of these officers would have carried greater weight than that of Hatch, who was lying in order to get a plea bargain. 

Harry P. Brody told me the judge no longer wanted to hear this issue, but not to worry we would get it before the Florida Supreme Court.  Well, this was untrue.  This issue was supposed to be heard, and the evidence and testimony should have been presented.

Let’s look at this lie, where Hatch is lying about where he steals the gun from Mrs. Bailey’s house.  See Exhibit (I) page 479 of trial transcripts where Hatch testifies that he stole the gun off Mrs. Bailey’s headboard on her bed in her bedroom.  Mrs. Mecca Ann Bailey was never called to testify.  Please see Exhibit (J) Mecca Ann Bailey’s June 6, 1990 deposition page 9.  Mrs. Bailey would have testified that there was no headboard on the bed.  It’s not made for one.  Which would have shown the judge and jury that Hatch was once again lying to the court.  Mr. Davis should have taken photos of the bed and had Mrs. Bailey testify.  And Mr. Brody should have brought this forward at the evidentiary hearing, to show that an investigation was needed and would have turned up this witness and established a pattern of Hatch lying.

Let’s view another lie Hatch told the jury and court using his own testimony.  Please see Exhibit (K) page 463 of trial transcripts line 19.  Hatch says, “Me and Ronald Clark left and paid for the beer.” That was a lie.  Please see attached Exhibit (L) pages 18 and 19 of John David Hatch’s sworn statement page 19 lines 19 through 21:  “So we left out of the back of Jackie’s Seafood, we left the hitchhiker in there to pay for the bill or whatever he done.”  These are small lies, but what they do is establish a pattern for the jury to see.  Since Hatch and I are the only two witnesses, we need to establish credibility.  Please view Exhibit (M), which is my February 7, 1990 written statement that Det. Jerry Jesonek took.  View page 1 lines 18 through 21 where I state that I’m located at the time of the shooting “And I, Ronald Clark, walked towards the back end of the truck and that’s when I, Ronald Clark, heard at least 6 (six) shots.”  This was also my testimony at trial. 

Now let’s look at Hatch’s statement and testimony.  Please view Exhibit (N), John David Hatch’s written statement taken January 21, 1990, see page 1 lines 16 through 19.  “I told the driver that we wanted to get out.  Mr. Willis stopped the truck on the west shoulder of the road and I got out.  As I, John David Hatch, was taking a leak, I heard 7 or 8 gun shots.”

Now let’s view Exhibit (O) page 7 of John David Hatch’s June 27, 1990 sworn statement.  See lines 15-17 quoting Hatch, “And after I got out I started walking down toward, you know, toward off to the side of the road.”  Let’s now examine Exhibit (P) page 448 trial transcript of Hatch’s trial testimony lines 14-16 “I got out and started walking back towards the back of the truck and that is when I heard the gun go off.  As you see, Hatch has now adopted my testimony and location.  Why lie about this?  Well, the only possible reason to lie about your real location at that very moment is if you’re trying to cover something up and the only thing to cover up at that moment is who is in possession of the gun pulling the trigger actually committing the murder!  And Mr. Hatch’s testimony is inconsistent at the moment of the trigger being pulled because he wants to be taking a leak, walking down towards the ditch or back to the truck.  Any place other than the place he was and that was standing at the passenger door pulling the trigger on the 3.80 semiautomatic pistol that he stole from Mecca Ann Bailey’s closet and murdered Ronald Willis with.

We also saw in Exhibit (N) page 1 line 16 that it’s Hatch who tells Mr. Willis to stop and that’s substantiated in Hatch’s September 4, 1990 Deposition on page 31 line 7 so it’s Hatch who picks this dark isolated area at the exact moment when no traffic is coming which is confirmed in the trial transcripts page 504 lines 6-11 luring Mr. Willis to his death.  And why does Hatch want to stop?  Allegedly to walk back to the Little Champ store and buy cold beer to drink in 40-degree weather and finish hitchhiking the 6.2 miles to Dunn Avenue where Mr. Willis was going.  It’s completely illogical to even think about accepting.  Hatch could not have taken Mr. Willis’ truck on Dunn Avenue, which was a highly populated area.  There was a Little Champ store maybe 20 yards in front of the bowling alley which is maybe 100 yards from the Admiral Inn, Mr. Willis’ destination.  A good competent attorney who had investigated the matter would have destroyed Hatch on the stand and exposed the perjured testimony Hatch gave to the jury.  Mr. Davis was incompetent not to do so and Brody had no intention of making Judge Henry E. Davis look like some bumbling incompetent fool.  But I have no problem doing so and I’m not done yet.  An investigation of the clothing would have revealed the following:  Hatch states that I’m in control the whole time, that I run around, open the driver’s door and push Mr. Willis’s lifeless body out of the way, taking Mr. Willis’ place behind the wheel of the truck and I drive down Bird Road.  Photos of the crime scene (truck) showed that Mr. Willis bled heavily onto the driver’s door panel and the driver’s seat, so whoever immediately takes Mr. Willis’ spot would have sat in blood.  When we view Exhibit (A) the July 19, 1990 FDLE Report and view exhibit marked Sheriff’s exhibit 37 the hand drawn diagram of the pants, the area marked #3 is the left buttock.  The owner of these pants is clearly the person that drove the truck away.  We know these pants belong to Hatch because he’s the shorter of the two, and exhibit 38 show that these are the longer of the two.  So 37 are Hatch’s pants.  The jury should have seen the pants and Hatch should have been cross-examined on this for the jury to see.  Now I have informed Mr. Brody of all this and yet Mr. Brody failed to examine the clothing and bring it into the evidentiary hearing. 

I want you to view Exhibit (Q) pages 42-44 of Det. Jerry Jesoneck’s My 16 1990 Deposition.  As you can see, he’s testifying that Hatch indicated to him that I made the alleged statement before Ronald Willis stops.  See page 43 lines 4-6.  Det. Jesonek indicated what Hatch has told him: “he indicated to me that there had been a statement made by Mr. Clark that they were going to kill the first son of a bitch that they saw.” This was never brought out at trial.  Hatch testified at trial that no such statement was made before getting into the truck.  Please see Exhibit (R) page 498 of trial transcripts lines 7-13 Questions by Mr. Davis, answers by Hatch.

7. Q: When you stated that Clark said something
8. to you at some point, what was that?
9. A: That he was going to take the man’s truck
10. as soon as he stopped to let us out.
11. Q: Had there been any discussion of that
12. before you got in the truck
13. A: No sir.

Yet we know that he told Det. Jesonek that there had been. And Det. Jesonek would have testified to that, had Henry E. David been competent enough to read over the deposition and properly examined and cross-examined witnesses.

Furthermore, please view Exhibit (S) page 526 and 527 of the trial transcripts, questions by Lance Day, answers by Mary Hatch, starting on page 526 lines 20-23

19. Q: Who had the gun?
20. A: Well they were both handling it in the
21. trailer but whenever they left the trailer, Ronald
22. Clark had it in his pocket

That’s the testimony the jury saw.  If you view [ages 527 lines 14 and 15 by Mr. Davis:

14. Mr. Davis:  I don’t have any questions,
15. Your Honor

So there was no cross-examination.  The witness was allowed to take the stand and place the gun in my hand.  Now let’s look at what Mr. Davis should have cross-examined Mary Hatch with.  See Exhibit (T) pages 20 and 21of Mary Hatch’s September 7, 1990 deposition. Questions by Mr. Davis, answers by Mary Hatch.  Page 20 lines 24 and 25

24. Q: Did either one of them have a firearm when they

25.  left?  Did either one have a gun when they left?

Page 21 lines 1-4

1      A: Now I don’t know whether they took it with them

2      Or not.  I know that Ronnie was holding the—the kind of

3      pistol I just told you about with the clip in it.  And

4      that’s all I know.

The jury never got to hear that.  When Mary Hatch gave the deposition she had me in possession of the gun in her trailer, not realizing her son David had already admitted to loading the gun there in the trailer.  A good attorney would have not only cross-examined her, but would also have destroyed her credibility, showing she was perjuring herself in order to protect her son.  Mr. Brody was supposed to bring this out in the evidentiary hearing, but he refused to do so.  Let me show you some more proof of ineffective assistance of counsel and evidence and testimony that Brody failed to bring to the attention of the court.

Please see Exhibit (U) pages 432-435 of Mr. Davis’ cross-examination of Joseph Strickland.  And as you will see, Mr. Davis doesn’t even use Joseph Strickland’s January 13, 1990 sworn statement to bring out the fact that Strickland had testified that Clark the blonde headed boy was falling down drunk see Exhibit (D) pages 10 and 11 and compare it to Exhibit (U) page 435 of the trial transcripts.  Mr. Davis did nothing to bring out the intoxication level.  Let me show you what Davis could and should have brought out.  And what Mr. Brody should have brought out at the evidentiary hearing in order to support an IAC (Ineffective Assistance of Counsel) claim.  Hatch testified at trial that he split a 12 pack of beer with his boss, Don Lee, before arriving home on page 484 lines 10-14 of the trial transcripts.  Hatch testified on page 491 line 18 that he had only consumed 6 to 8 that night leading up to the shooting.  The following is testimony from Hatch’s September 4, 1990 deposition starting on page 15 line 5. Questions by Mr. Davis, answers by Hatch. 

Q:  Had you seen Ronald Clark consume any alcoholic beverages before the homicide?

A: Yeah.

Q: How much had he consumed prior to the homicide to your knowledge?

A: He was drinking when I come home. Me and him drunk a 12 pack before we left.

Q: After you got home?

A: Right.

Q: When you got home… from work, you mean?

A: Right

Q: After you got home from work, you consumed another 12 pack each?

A: No. A 12 pack between us.

Q: So the Busch was consumed before you got home, I assume?

A: Yes sir.

Q: And the 12 pack of Budweiser was consumed after you got home?

A: Yes.

Had Mr. Davis got the receipt from the country store for the Busch beer and the Budweiser with Hatch’s testimony above and cross examining Hatch’s mother, who would have testified that I was sitting outside drinking for two hours while waiting on Hatch to get home, this would have shown the jury that at the time of the murder I had consumed a confirmed 19 beers that’s on the record.

I showed up at Hatch’s at approximately 5 pm to split the 12 pack of Busch with him.  Due to the delay in Don Lee and Hatch getting their pay checks I had consumed the 12 pack of Busch confirmed in the trial transcripts page 440 lines 10-19 Hatch testifies that I consumed the 12 pack of Busch before he arrives home.  Testifies that he splits a 12 pack with Don Lee and that he and I go to the country store and get a 12 pack that we consume before leaving.  We know that’s true because had there been any more beer left there would have been no need to stop at the country store to buy a beer a piece.  Now that Hatch is showering and cleaning up, getting ready to go out, so I’m drinking while he’s doing this, which shows that it’s highly likely that I consumed more beer than Hatch.  And Hatch’s testimony at trial page 491, line 18 is that he only drank between 6 and 8 beers and remember that he had already split a 12 pack with Don Lee.  The record supports that I’ve already had a minimum of 19 beers in this 4 to 5 hour period leading up to the murder.  The jury never heard this.  The shooter hits Mr. Willis without shooting out any windows or putting any bullet holes in the truck.  Again, none of this is brought to the attention of the jury.  Why?  Because Mr. Davis was an ineffective attorney who failed to conduct an investigation and failed to properly cross-examine witnesses.  Mr. Brody did not bring this to light because he was more concerned about protecting Judge Henry E. Davis. 

Now Exhibit (V) is Billy Jo Beeman’s deposition.  You see the prosecutor showing her a single picture of the gun, asking her, “Is this the gun you saw Mr. Clark with?” She states it is.  This was always improper identification.  See now Exhibit (W) pages 529-532 of Trial Transcripts, where the state put Billy Jo Beeman on the stand and had her place the gun in my hand after the murder, and on page 532, lines 10-12 you see my lawyer Henry E. Davis doesn’t cross-examine the witness.  Any good lawyer will tell you that the testimony should have been thrown out for the improper identification procedure seen in Exhibit (V).  Furthermore Mr. Brody should have brought this out at the evidentiary hearing to prove the Ineffective Assistance of Counsel claim against Mr. Davis.

Let me show you other issues that Mr. Brody failed to bring to light at the February 26, 2007 evidentiary hearing.  See Exhibit (X) page 56 from the February 26, 2007 evidentiary hearing, lines 7-9. Question by Mr. Brody:

7. Q: Was there any negotiations at any time any
8. Kind of plea negotiations or anything.  Did you get
9. anyway? 

Now the answer by Mr. Davis lines 10-13

10. A: No sir, that’s where you start in a criminal
11. defense case, what can we do to avoid the death penalty
12. at a minimum.  But the state was adamant they were going
13. to seek the death penalty in the Nassau and Duval.

Now please turn to Exhibit (Y) where you see the phonogram dated September 21, 1990 to Mr. Davis from prosecutor Lance M. Day stating that I had until September 25, 1990 to take the life sentence they offered me.  Mr. Brody failed to produce Exhibit (Y) at the evidentiary hearing and failed to bring out the fact that Mr. Davis’ memory is not as good as he thought it was, and bring this to the attention of the court.  Mr. Brody therefore allowed more inaccurate statements into an already flawed record.  See pages 59-61 of the evidentiary hearing as Exhibit (Z). Questions are still by Mr. Brody and answers by Mr. Davis.

On page 59 line 5 we see when Davis was asked if he hired any experts that he didn’t.  We see lines 12-16 Brody ask Davis about finding witnesses and Davis responds on lines 17-18 yes that would be something that he would want to do.  Yet we know that he didn’t.  Now view page 60 lines 18-25 and page 61 lines 1-25.  We see that Davis didn’t hire blood splatter experts and didn’t investigate the clothing or properly prepare for this case.  But furthermore Brody should have produced the FDLE Report Exhibit (A) at the evidentiary hearing and he clearly does not do so.

Let’s look further at how the jury is mislead.  Pages 455 and 456 of the trial transcripts which we will mark as Exhibit (Z-1).  We see Hatch’s testimony line 8 and 9.  David Hatch tells the jury that I pulled the gun out at the Rosemont Apartments and pointed the gun at his best friend Chris Swaeringer.  The Jury heard that.  Now look at page 456 lines 4-6.  We see the other prosecutor Howard Maltz saying that, placing the gun in my hand at that point is very much relevant.  Mr. Davis doesn’t contest it.  Please view Exhibit (Z-2) which consists of pages 705, 706, 713 and 716 of the trial transcripts page 705 lines 2-9 we see the prosecutor making it a point to the jury that Mary Hatch testified that I left with the gun and Billy Jo Beeman sees me after with murder with the gun which the prosecutor reiterates again on page 713 lines 5-8 and again on page 718 lines 14-17.  Mr. Davis failed to cross-examine Mary Hatch and Billy Jo Beeman.  Mr. Davis failed to investigate this case, failed to interview witnesses, failed to hire blood splatter experts, failed to call relevant witnesses to show John David Hatch was lying.

Mr. Davis was an inexperienced and incompetent attorney who is now a Fourth Judicial Circuit Court Judge that Mr. Brody has gone above and beyond to protect and that, my friend, is evident. If you know of anyone who Mr. Brody is currently representing, I encourage you to download this material and provide him or her with a copy. 

Pen Pals

Florida prisoners are not prohibited from writing pen pals.  In fact, anyone can go over to the FDOC web site select and write to anyone that he or she wishes to correspond with.

There is however a Chapter 33 – Florida Administrative Code (FAC) rule, “not a law” that forbids prisoners from running personal ads seeking pen pals, money, goods or services.  This 33-210.101 (9) is an unconstitutional “Rule” that is currently being challenged in the courts.  No doubt it will eventually get overturned.

This is just something that I wanted to inform the public of because I've heard that some people are being misinformed by inaccurate information.  Section (9) of this rule specifically states and I quote “Inmates are not prohibited from corresponding with pen pals, but shall not place ads soliciting pen pals.”

We are however allowed to write Life Lines, Human Rights, Death Row Support Project among others and ask for their assistance in finding someone to correspond with.  So, how moronic is that?  But look what we are dealing with here.

Most of us guys don't have a lot of family and friends and we are already deprived of human contact.  This rule is set up to further isolate us to our world within these walls which most of you could never comprehend.

Thank you for allowing me to explain this rule to you that has kept us from placing ads asking for pen pals.

Sincerely,
Ronald W. Clark, Jr.