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The Innocent Man(21)
Author: John Grisham

He called his mother and told her he was scared of the police and the polygraph. "I'm afraid they'll make me say something I'm not supposed to say," he told her. Tell the truth, she advised him, and everything will be fine.

Thursday morning, October 18, Mike Roberts drove Tommy to the OSBI offices in Oklahoma City, twenty minutes away. The exam was to take about an hour. Mike would wait in the parking lot, then the two would drive to work. Their boss had given them a couple of hours off.

As Mike Roberts watched Tommy enter the building, he could not imagine that the boy was taking his last steps in the free world. The rest of his life would be behind prison walls.

Dennis Smith met Tommy with a big smile and a warm handshake, then put him in an office where he waited, alone, for half an hour-a favorite police trick to make the suspect even more nervous. At 10:30, he was led to another room, and waiting there was Agent Rusty Feather-stone and his trusty polygraph.

Smith disappeared. Featherstone explained how the machine worked, or how it was supposed to work, as he strapped Tommy in and hooked up the electrodes. By the time the questions started, Tommy was already sweating. The first questions were easy- family, education, employment-everybody knew the truth and the machine complied. This could be a cakewalk, Tommy started thinking.

At 11:05, Featherstone read Tommy his Miranda rights and began probing into the Haraway matter. For two and a half hours of tortuous questioning, Tommy gamely stuck to the truth-he knew nothing about the Denice Haraway matter. Without a single break, the exam lasted until 1:30, when Featherstone unplugged everything and left the room. Tommy was relieved, even elated because the ordeal was finally over. He had aced the test; finally the cops would leave him alone. Featherstone was back in five minutes, poring over the graph paper, studying the results. He asked Tommy what he thought. Tommy said he knew he'd passed the exam, the matter was over, and he really needed to get to work.

Not so fast, Featherstone said. You flunked it.

Tommy was incredulous, but Featherstone said it was obvious he was lying and clear that he was involved in the Haraway kidnapping. Would he like to talk about it?

Talk about what!

The polygraph doesn't lie, Featherstone said, pointing to the results right there on the paper. You know something about the murder, he said repeatedly. Things would go much smoother for Tommy if he came clean, talked about what happened, told the truth. Featherstone, the nice cop, was anxious to help Tommy, but if Tommy refused his kindness, then he would be forced to hand him over to Smith and Rogers, the nasty cops, who were waiting, ready to pounce.

Let's talk about it, Featherstone urged him.

There's nothing to talk about, Tommy insisted. He said again and again that the polygraph was rigged or something because he was telling the truth, but Featherstone wasn't buying it.

Tommy admitted to being nervous before the exam, and anxious while it was under way because he was late for work. He also admitted that the interview six days earlier with Smith and Rogers had upset him and caused him to have a dream. What kind of dream? Featherstone wanted to know.

Tommy described his dream: He was at a keg party, then he was sitting in a pickup truck with two other men and a girl, out by the old power plant near Ada where he grew up. One of the men tried to kiss the girl, she refused, and Tommy told the man to leave her alone. Then he said he wanted to go home. "You're already home," one of the men said. Tommy looked through his window, and he was suddenly at home. Just before he woke up, he was standing at a sink, trying in vain to wash a black liquid off his hands. The girl was not identified; neither were the two men.

That dream doesn't make sense, Featherstone said. Most dreams don't, Tommy retorted. Featherstone remained calm but continued to press Tommy to come clean, tell him everything about the crime, and, especially, tell him where the body was. And he threatened again to turn Tommy over to those "two cops" waiting in the next room, as if a lengthy torture session could be in the works.

Tommy was stunned and confused and very frightened. When he refused to confess to Featherstone, the nice cop turned him over to Smith and Rogers, who were already angry and seemed ready to throw punches.

Featherstone stayed in the room, and as soon as the door closed, Smith lunged at Tommy, yelling, "You, Karl Fontenot, and Odell Titsworth grabbed that girl, took her out to the power plant, raped and killed her, didn't you?"

No, Tommy said, trying to think clearly and not panic.

Talk to us, you little lying sonofabitch, Smith growled. You just flunked the polygraph, we know you're lying, and we know you killed that girl!

Tommy was trying to place Odell Titsworth, a name he had heard but a man he'd never met. Odell lived somewhere around Ada, he thought, and he had a bad reputation, but Tommy could not remember meeting him. Maybe he'd seen him once or twice, but at the moment he couldn't remember, because Smith was yelling and pointing and ready to punch him.

Smith repeated his theory about the three men snatching the girl, and Tommy said no. No, I had nothing to do with it. "I don't even know Odell Titsworth." Yes, you do, Smith corrected him. Stop lying. Karl Fontenot's involvement in their theory was easier to understand because he and Tommy had been friends off and on for a couple of years. But Tommy was bewildered by the accusations and terrified of the smug certainty of Smith and Rogers. Back and forth they went with their threats and verbal abuse. The language deteriorated and soon included every profanity and obscenity on the list.

Tommy was sweating and dizzy and trying desperately to think rationally. He kept his responses short. No, I didn't do it. No, I wasn't involved. A few times he wanted to lash out with sarcastic comments, but he was scared. Smith and Rogers were erupting, and armed, and Tommy was locked in a room with them and Featherstone. His interrogation showed no signs of ending anytime soon.

After sweating through three hours with Featherstone and suffering an hour of torment from Smith and Rogers, Tommy really needed a break. He needed to find a restroom and smoke a cigarette and clear his head. He needed help, to talk to someone who could tell him what was going on.

Can I take a break? he asked.

Just a few more minutes, they said.

Tommy noticed a video camera on a nearby table, unplugged and neglecting the verbal battering under way. Surely, he thought, this cannot be standard police procedure.

Smith and Rogers repeatedly reminded Tommy that Oklahoma uses lethal injection to kill its killers. He was facing death, certain death, but there might be a way to avoid it. Come clean, tell what happened, lead them to the body, and they would use their influence to get him a deal.

"I didn't do it," Tommy kept saying.

He had a dream, Featherstone informed his two colleagues.

Tommy repeated the dream, and again it was met with disapproval. The three cops agreed that the dream made little sense, to which Tommy replied again, "Most dreams don't." But the dream gave the cops something to work with, and they began adding to it. The other two men in the truck were Odell Titsworth and Karl Fontenot, right?

No, Tommy insisted. The men in his dream were not identified. No names. Bullshit. The girl was Denice Haraway, right?

No, the girl was not identified in his dream. Bullshit.

For another hour, the cops added the necessary details to Tommy's dream, and every new fact was denied by him. It was just a dream, he kept saying over and over and over.

Just a dream.

Bullshit, said the cops.

After two hours of nonstop hammering, Tommy finally cracked. The pressure came from fear-Smith and Rogers were angry and seemed perfectly able and willing to slap him around if not outright shoot him-but also from the horror of wasting away on death row before finally getting executed.

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