THE CRIME: Brutal home invasion. As we learn from Gloria Killian's book (co-authored by journalist Sandra Kobrin), 'Full Circle': A True Story of Murder, Lies and Vindication,' a young, promising law student's nightmare begins the night Sacrament California coin dealer and his wife Grace are hogtied, shot execution style and left to die in their home. The robbers flee with six suitcases filled with silver and gold. The investigation leads to two local men who are arrested tried and convicted. In an attempt to gain leniency, one of them falsely implicates her, claiming she was the mastermind behind the crime. The prosecutor then goes after her with a vengeance - abusing his power in the process - and she is tried, convicted and sentenced for a brutal crime of which she knows nothing, of which she is utterly innocent. She loses her appeal.
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THE REALITY: Gloria Killian, an innocent person who spent more than sixteen years in prison was telling the truth when she protested from the outset that she knew nothing about the horrifying crime. She had been caught in a web of lies spun by an addict who implicated her in order to protect his wife from being prosecuted for her role in the crime. None of the physical evidence in the case implicated Gloria. It was the weakest of cases. In my experience, when cases are this weak, police and prosecutors will often make secret deals with unsavoury witnesses, who in many cases are prisoners seeking very special treatment such as reduction of their sentences, in order to get a conviction (a powerful incentive to lie) and crucial exculpatory evidence will be wrongfully concealed from the defence - all of which happened in this troubling case.
GLORIA KILLIAN'S FATE: After losing her appeal, spending years in prison, Gloria Killian had lost hope, feeling that there was no way out - still in prison because of a violent, horrific crime she knew nothing about until she watched a news report of the crime on television with her roommate who had known the victims. "Disturbed by the newscast, Gloria shook her head," Killian tells us in her book, using the third person. "Awful," she reiterated. She couldn't imagine how Virgil (the roommate) must have felt. She tried to imagine what it would be like to know the victims of such a heinous crime and she shivered - not just from the nighttime chill. Lately there had been a rash of crimes in Sacramento. The city was beginning to feel unsafe". Killian had another good reason for abandoning hope. Her prosecutor, Christopher 'Kit' Cleland, for whatever reason, had been pursuing her with a vengeance, much, it seemed to me, like the legendary prosecutor Javert in Les Mis, and appeared to want to convict her at any cost. All things considered, Gloria was looking at spending much of her life in prison for a crime of which she had no knowledge, in which she had therefore played utterly no role. (My conception, in a loose sense, of what Franz Kafka's 'The Trial' was about.) There was no hope - at least no hope until Joyce Ride, who Killian describes as "the petite white-haired woman with piercing blue eyes" came along.
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THE 'SELFLESS WARRIOR.' Joyce Ride was always troubled by the plight of abused women ended up in prison having been forced into crime or have killed their abusers, losing their freedom forever. After her husband died she was able to spend more time on her prison visits, in which her mission had nothing to do with guilt or innocence. It was to help the women get through their difficult lives. However, Killian writes that a year went by before the petite white-haired woman with piercing blue eyes blurted out, "Just why the hell are you in here anyway?" Gloria spilled it out, Joyce believed her, realised immediately that Gloria need a thorough investigation, got the name of a well-recommended private investigator (Darryl Carlson) - and broached the subject with Gloria, who later wrote: "The next time the two women met, Joyce quickly got to the point. "Would you mind if I hired an investigator to look into your case?" she asked Gloria. Gloria was stunned. Here was a stranger offering to help when in six years even her mother had not come to visit her." Gloria told Joyce that an investigator who had done some work for her after her appeal had found absolutely nothing. "Don't waste your money," Gloria told her. "I don't understand why this happened, but here is nothing to investigate." Joyce listened politely and, as was her want, and then went off and quietly did exactly what she intended to do in the first place. She called the investigator." The rest, as they say, is history. As the National Registry of Exonerations entry notes, referring to Gary Masse, who had already been convicted of the murder: "Ten years later, after a federal petition for a writ of habeas corpus had been filed, defense investigators discovered evidence of Masse’s agreement with the prosecution, including a letter Masse sent to the prosecutor soon after Killian was sentenced. In the letter, Masse said, “I lied my ass off for you people.” The letter, as well as two others Masse wrote that detailed the resentencing agreement, (the deal to reduce his sentence if he incriminated Killian) were never disclosed to the defense by the prosecution. At a hearing on the petition, Masse admitted that much of the evidence he gave was false, including his testimony that he had not made a deal with the prosecution in exchange for testimony, and that Killian was the mastermind behind the robbery. In March 2002, the U.S. Court of Appeals for the Ninth Circuit reversed Killian’s conviction ruling that her conviction was based on false testimony by Masse. Killian was released in August 2002 and the prosecution dismissed the charges against her a month later."
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JOYCE RIDE: AN EXTRAORDINARY MOUNTAIN OF SUPPORT:
I am awestruck by Joyce Ride, "the petite white-haired woman with piercing blue eyes," within whom a fire was burning to help Gloria Killian get through her struggle for exoneration because, in Joyce's memorable words, "Injustice annoys me." Once she learned about Gloria's case, Joyce devoted her life to securing her freedom and seeing her exonerated, which is precisely what these 'Selfless Warriors' tend to do. For a start, she recognised the importance of obtaining an investigator, found the investigator (Darryl Carlson), hired him, and then used his report - containing the secret letters which proved that she had been framed by Masse and convicted because of prosecutorial conduct - to personally hire a lawyer, (William Gennego) , who could take this explosive evidence and secure her freedom in court. She paid for a co-counsel to help stay on top of the many issues posed by this complex case, and hired an additional investigator to track down a crucial witness. Killian writes that Joyce spent close to $100,000 of her own money on Killian's behalf over a three year period. However, she contributed to Gloria's journey back to freedom in many other ways, as she inspired Gloria and the members of the defence team to keep going, in spite of some major setbacks in both the state and federal courts. As Gloria puts it, "She referred to herself at the beginning of the case as "annoyed by injustice. She was now mad as hell." Near the end of the lengthy ordeal, after Gloria had effectively won her court battle but had to remain on bail pending the prosecution's decision as to whether or not to try to continue the case, Gloria says Joyce told her, while she was still in prison, that in light of the recent death of her mother she was considering inviting Gloria to live with her in her three bedroom home, and, in the process, ease the loneliness that she, Joyce, experienced. It came to pass. When Gloria got the good news of her court victory, after speaking to her lawyer, the first person she called was Joyce, On the day of her release on $200,000 bail (which could be paid once she was out) , Joyce drove to the prison to pick Gloria up. She had brought a favourite song to play on the way home: A classic rendition of Don't fence me in.' Joyce, who is now 96-years old, not only signed as a surety for Gloria's bail, and provided her a with a home, she rallied her church group to help assemble the $200,000 cash.
COMMENTARY: In this short post, I have been able to relate a sliver of the diabolic scheme used to entrap an utterly innocent person in a violent crime she didn't know anything about until watching television one night. There is much more that could be told about the heavy-handed efforts by Gloria's prosecutor to see her convicted, which resulted in his being admonished for withholding such crucial exculpatory evidence from her and violating her basic constitutional rights. There is so much more I could say about Gloria Killian, who was a 'Selfless Warrior' in her own right, who spent much of her time in prison using the knowledge she had amassed in law school to help many of the women she was locked up with resolve the injustices they faced in the courts and behind bars - and who continued this noble work after she was released, through an organisation she set up: 'The Action Committee for Women in Prison.' There is so much more I could say about Gloria's top-notch committed investigator, Darryl Carlson, and lawyer, William Gennego, and others who provided help and support to Gloria. However, you will find that and more in 'Full Circle' which is listed below in the 'reading material' section. I will give Gloria the last word. A few days ago, during a phone interview, I asked her to give me an update on Joyce. "She's 96 years-old," Gloria replied, "She's sleeping in the next room." I then asked her what struck her most about Joyce. Without skipping a beat, she replied: "She saved my life." A'Selfless Warrior' indeed.
Harold Levy: Publisher: The Charles Smith Blog.
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NATIONAL REGISTRY OF EXONERATIONS ENTRY: MAURICE POSSLEY:
"On December 9, 1981, two men disguised as telephone repairmen entered the home of an elderly couple in Rosemont, California. Ed Davies was fatally shot. His wife, Grace, was shot in the head, but survived. Six suitcases full of silver were stolen. On December 14, an anonymous telephone call to authorities identified the perpetrators as Stephen DeSantis and his cousin, Gary Masse. When officers attempted to find Masse, they spoke to his wife, Joanne, who said that a woman named Gloria planned the robbery. Masse surrendered to police on December 17, 1981, the same day the police arrested 35-year-old Gloria Killian, a former law student with no prior criminal record. After a preliminary hearing, the charges against Killian were dismissed. Masse went on trial in Sacramento County Superior Court and in May 1983, he was convicted of first-degree murder and sentenced to life in prison without parole. Almost immediately, Masse contacted the Sacramento County Sheriff’s Department to try to make a deal. After he was assured that the prosecution would be willing to assist in a sentence reduction, Masse implicated DeSantis and Killian. Masse’s sentence was vacated at the request of the prosecution. Killian was re-arrested in June 1983 and, along with DeSantis, was charged with first-degree murder, attempted murder, robbery, burglary and conspiracy to commit robbery. The conspiracy charge alleged that sometime prior to the robbery, Killian went to the door of the Davies’ residence in an unsuccessful attempt to gain entry for Masse and DeSantis. Killian and DeSantis were tried separately. DeSantis went first, took the stand in his own defense and denied involvement. He also denied that he had ever met or heard of Killian. DeSantis also testified that Masse had told him about a prior aborted attempt to rob the Davies family in which Gary’s wife, Joanne, went to the front door of their home and asked to use their phone. Masse testified at Killian’s trial in February 1986 and his testimony was the only direct evidence against Killian. Grace Davies testified and described how a woman had come to the door of the house some time prior to the robbery, but she could not identify Killian as the woman. Masse told the jury that he had no deal or arrangement with the prosecution. He said that Killian was the mastermind of the plot to rob the Davies and that after learning of the robbery and murder, she called to demand her share of the robbery proceeds. On February 26, 1986, Killian was convicted and sentenced to 32 years to life in prison. Masse’s sentence was reduced from life without parole to 25 years. Ten years later, after a federal petition for a writ of habeas corpus had been filed, defense investigators discovered evidence of Masse’s agreement with the prosecution, including a letter Masse sent to the prosecutor soon after Killian was sentenced. In the letter, Masse said, “I lied my ass off for you people.” The letter, as well as two others Masse wrote that detailed the resentencing agreement, were never disclosed to the defense by the prosecution. At a hearing on the petition, Masse admitted that much of the evidence he gave was false, including his testimony that he had not made a deal with the prosecution in exchange for testimony, and that Killian was the mastermind behind the robbery. In March 2002, the U.S. Court of Appeals for the Ninth Circuit reversed Killian’s conviction ruling that her conviction was based on false testimony by Masse. Killian was released in August 2002 and the prosecution dismissed the charges against her a month later. The prosecutor in Killian’s case, Christopher Cleland, was later admonished by the California State Bar for his conduct in the case. After her release, Killian co-authored a book about her experiences and became executive director of the Action Committee for Women in Prison, an organization that works to improve conditions of female prisoners." |
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CHRONOLOGY: (From National Registry of Exonerations entry).
DECEMBER 9, 1981:
Two men disguised as telephone repairmen entered the home of an elderly couple in Rosemont, California. Ed Davies was fatally shot. His wife, Grace, was shot in the head, but survived. Six suitcases full of silver were stolen.
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DECEMBER 14, 1981:
On December 14, an anonymous telephone call to authorities identified the perpetrators as Stephen DeSantis and his cousin, Gary Masse. When officers attempted to find Masse, they spoke to his wife, Joanne, who said that a woman named Gloria planned the robbery.
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DECEMBER 17, 1981, Masse surrendered to police on December 17, 1981, the same day the police arrested 35-year-old Gloria Killian, a former law student with no prior criminal record. After a preliminary hearing, the charges against Killian were dismissed.
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MAY 1983:
Masse went on trial in Sacramento County Superior Court and in May 1983, he was convicted of first-degree murder and sentenced to life in prison without parole. Almost immediately, Masse contacted the Sacramento County Sheriff’s Department to try to make a deal. After he was assured that the prosecution would be willing to assist in a sentence reduction, Masse implicated DeSantis and Killian. Masse’s sentence was vacated at the request of the prosecution.
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JUNE 1983:
Killian was re-arrested in June 1983 and, along with DeSantis, was charged with first-degree murder, attempted murder, robbery, burglary and conspiracy to commit robbery. The conspiracy charge alleged that sometime prior to the robbery, Killian went to the door of the Davies’ residence in an unsuccessful attempt to gain entry for Masse and DeSantis.
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FEBRUARY 1986:
Masse testified at Killian’s trial in February 1986 and his testimony was the only direct evidence against Killian. Grace Davies testified and described how a woman had come to the door of the house some time prior to the robbery, but she could not identify Killian as the woman.
Masse told the jury that he had no deal or arrangement with the prosecution. He said that Killian was the mastermind of the plot to rob the Davies and that after learning of the robbery and murder, she called to demand her share of the robbery proceeds.
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March 1996:
Ten years later, after a federal petition for a writ of habeas corpus had been filed, defense investigators discovered evidence of Masse’s agreement with the prosecution, including a letter Masse sent to the prosecutor soon after Killian was sentenced. In the letter, Masse said, “I lied my ass off for you people.” The letter, as well as two others Masse wrote that detailed the resentencing agreement, were never disclosed to the defense by the prosecution.
At a hearing on the petition, Masse admitted that much of the evidence he gave was false, including his testimony that he had not made a deal with the prosecution in exchange for testimony, and that Killian was the mastermind behind the robbery.
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March 2002:
In March 2002, the U.S. Court of Appeals for the Ninth Circuit reversed Killian’s conviction ruling that her conviction was based on false testimony by Masse. Killian was released in August 2002 and the prosecution dismissed the charges against her a month later.
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READING MATERIALS:
Full Circle: A True Story of Murder, Lies and Vindication. By Gloria Killian and Sandra Kobrin. Published by New Horizon Press.
National Registry of Exonerations: (Maurice Possley);
Excellent CNN story:
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