Opposition Brief — Ake v. Oklahoma

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No. 83-5424 NOV 10 883

IN THE SUPREME COURT OF THE UNITED STATES

October Term, 1982

GLEN BURTON AKE,

Petitioner,

STATE OF OKLAHOMA,

Respondent,

ON PETITION FOR A WRIT OF CERTIORARI TO THE

COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA

RESPONDENT'S BRIEF IN OPPOSITION

TO PETITION FOR WRIT OF CERTIORARI

MICHAEL C. TURPEN

ATTORNEY GENERAL OF OKLAHOMA

DAVID W. LEE

ASSISTANT ATTORNEY GENERAL

CHIEF, FEDERAL CIVISION

Counsel of Record

112 State Capitol Building

Oklahoma City, OK 73105

(405) 525-8550

ATTORNEYS FOR RESPONDENT

November, 1983

QUESTIONS PRESENTED FOR REVIEW

1. Whether, under the facts of this case, the Petitioner's

constitutional rights were violated by the refusal of the trial

court to have the Petitioner re-examined on the issue of whether

he was insane at the time of the commission of the murders.

2. Whether the facts supports the Petitioner's allegation

that the Petitioner was so heavily sedated at trial that he was

unable to understand the nature of the proceedings and to assist

his counsel in his defense.

QUESTIONS PRESENTED FOR REVIEW

OPINION BELOW . «+ + e+ * * *

JURISDICTION >. * * >. * * * * *

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED .... +

STATEMENT OF THE CASE .. =. ;>

REASONS WHY THE WRIT SHOULD BE

I. WHERE THE PETITIONER

DEN Io

GAVE A DETAILED

FORTY-FOUR PAGE CONFESSION IN WHICH

HE LUCIDLY SET FORTH

DURING AND SUBSEQUENT

UNTIL HIS ARREST SIX

THE EVENTS BEFORE,

TO THE MURDER

WEEKS LATER AND

OTHER FACTS SUPPORT HIS SANITY DURING

THE TIME HE MURDERED

THE DOUGLASSES,

AND WHERE TWO PSYCHIATRISTS AND A

PHYSICIAN-MEMBER OF THE SANITY COMMIS-

SION TESTIFIED AS TO

THE PETITIONER'S

MENTAL CONDITION SUBSEQUENT TO HIS

ARREST, THE UNITED STATES CONSTITUTION

DOES NOT REQUIRE A STATE TO PROVIDE

ANOTHER PSYCHIATRIC EXAMINATION ON

THE ISSUE OF THE PETITIONER'S MENTAL

STATE AT THE TIME OF

Il. WHERE THE PETITIONER'S ATTORNEYS DID

CONCLUSION... 2s ee ee

- ii -

Ake eet 663 P. 2d at 7

* T 983) * * * * * * * * * * * *

„ 626 P. 2d 327

* r. 81) * * * * . * * * . . . *

Conve state: 644 P. 2d 1077

* rt. 982) * * * * * * * * * * * *

Drope LH. 420 U.S. 162 (1975) .

Eads 4 1556 640 P. 2d 1370

> tr. 82) * * * * * * * * * * * *

Engle vy. Isacc, 456 U.S. 107 (1982) ..

Estelle v. Williams, 425 U.S. 501 (1976)

„ 569 P. 2d 490

* r. * . * * * * * * * * * *

—— 2 es 416 P.2d 967

( * r. ) * * * . * . * * * * * *

— 2 617 P. 2d 588

( * r. 0) + * — 5 * . * * * * * *

Lockett v. Ohio, 438 U.S. 586 (1978) ..

P „ 622 F. 2d 254

t T * * * * * * * * >. * *

P „ 590 F. 2d 1383

t r > >. * * . * * * * * *

„ 547 P. 2d 383

21 0.8.1971. 8 652 . * * * > * * >. * * * *

21 o. s. spp. 176, § 701.)

21 0.S.Supp.1976, § 701.9 .......

21 0.S.Supp.1976, § 701.10.......

21 0.S.Supp.1976, § 701. 1111

21 0 S.Supp.1976, § 701. 112

21 0.S.Supp.1976, § 701. 12

22 0.8. 11, 6 1161, et e..

oa. . „.

TABLE OF OTHER AUTHORITIES

33 U.8.C. § ABSP(B) «~ wesc „ „ „„ 66

— iii -

No. 83-5424

IN THE SUPREME COURT OF THE UNITED STATES

October Term, 1982

GLEN BURTON AKE,

Petitioner,

-vs-

STATE OF OKLAHOMA,

Respondent,

RESPONDENT'S BRIEF IN OPPOSITION

TO PETITION FOR WRIT OF CERTIORARI

The respondent, State of Oklahoma, by and through Michael c.

Turpen, Attorney General of the State of Oklahoma, respectfully

requests that this Court deny the Petition for Writ of Certiorari

seeking review of the Opinion of the Court of Criminal Appeals of

the State of Oklahoma entered on April 12, 1983, and to which re-

hearing was denied on June 15, 1983.

OPINION BELOW

The Opinion of the Oklahoma Court of Criminal Appeals is re-

ported at 663 P. 2d 1 (kl. cr. 1983).

JURISDICTION

This Court's juris ection is invoked pursuant to 28 U.S.C.

§ 1257(3).

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

Title 21 0.S.Supp.1976, § 701.7, provided:

"A. A person commits murder in the first de-

gree when he unlawfully and with malice

aforethought causes the death of another

human being. Malice is that deliberate in-

tention unlawfully to take away the life

of a human being, which is manifested by ex-

ternal circumstances capable of proof.

Title 21 0.S.Supp.1976, § 701.9, provided in part:

"A. A person who is convicted of or pleads

guilty or nolo contendere to murder in the

first degree shall be punished by death or

by imprisonment for Ife.

"B. A person also commits the crime of mur-

der in the first degree when he takes the

life of a human being, regardless of malice,

in the commission of forcible rape, robbery

with a dangerous we „ kidnapp „ escape

from lawful custody, first degree burglary or

first degree arson.

Title 21 0.S.Supp.1976, § 701.10, provided as follows:

"Upon conviction or adjudication of guilt of

a defendant of murder in the first degree,

the court shall conduct a separate sentencing

proceeding to determine whether the defendant

should be sentenced to death or life impri-

sonment. The proceeding shall be conducted

by the trial judge before the trial jury as

soon as practicable without presentence in-

vestigation. If the trial jury has been

waived by the defendant and the state, or if

the defendant pleaded guilty or nolo conten-

dere, the sentencing proceeding shall be con-

ducted before the court. In the sentencing

proceeding, evidence may be presented as to

any mitigating circumstances or as to any of

the aggravating circumstances enumerat in

this act. Only such evidence in aggravation

as the state has made known tho the defendant

prior to his trial shall be admissible. How-

ever, this section shall not be construed to

authorize the introduction of any evidence

secured in violation of the Constitutions of

the United States or of the State of Oklahoma.

The state and the defendant or his counsel

shall be permitted to present argument for or

against sentence of death."

Title 21 0.S.Supp.1976, § 701.11, provided as follows:

"In the sentencing proceeding, the statutory

instructions as determined by the trial judge

to be warranted by the evidence shall be

given in the charge and in writing to the

jury for its deliberation. The jury if its

verdict be a unanimous recommendation of

death, shall designate in writing, signed by

the foreman of the jury, the statutory aggra-

vating circumstance or circumstances which it

unanimously found beyond a reasonable doubt.

In nonjury cases the judge shall make such

designation. Unless at least one of the

statutory aggravating circumstances enumer-

ated in this act is so found or if it is

found that any such aggravating circumstance

is out-weigh by the finding of one or more

mitigating circumstances the death penalty

shall not be imposed. If the jury cannot,

within a reasonable time, agree as to punish-

ment, the judge shall dismiss the jury and

impose a sentence of imprisonment for life."

Title 21 0.S.Supp.1976, § 701.12, provided as follows:

"Aggravating circumstances shall be:

"1. The defendant was previously convicted

of a felony involving the use or threat of

violence to the person;

"2. The defendant knowingly created a great

risk of death to more than one person;

"3. The person committed the murder for re-

muneration or the promise of remuneration or

employed another to commit the murder for re-

muneration or the promise of remuneration;

"4. The murder was especially heinous,

atrocious, or cruel;

"5. The murder was committed for the purpose

of avoiding or preventing a lawful arrest or

prosecution;

"6. The murder was committed a person

while serving a sentence of imprisonment on

conviction of a felony; or

"7. The existence of a probability that the

defendant would commit criminal acts of vio-

lence that would constitute a continuing

threat to society."

Title 21 0.S.Supp.1976, § 701.13, provided as follows:

"A. Whenever the death penalty is imposed,

and upon the judgment becoming final in the

trial court, the sentence shall be reviewed

on the record by the Oklahoma Court of Crim-

inal Appeals. The clerk of the trial court,

within ten (10) days after receiving the

transcript, shall transmit the entire record

and transcript to the Oklahoma Court of Crim-

inal Appeals together with a notice prepared

by the clerk and a report prepared by the

trial judge. The notice shall set forth the

title and docket number of the case, the name

of the defendant and the name and address of

his attorney, a narrative statement of the

judment, the offense, and the punishment pre-

scribed. The report shall be in the form of

a standard questionnaire prepared and sup-

plied by the Oklahoma Court of Criminal

Appeals. *

"B. The Oklahoma Court of Criminal Appeals

shall consider the punishment as well as any

errors enumerated by way of appeal.

"C. With regard to the sentence, the court

shall determine:

"1. Whether the sentence of death was in-

posed under the influence of passion, pre-

judice, or any other arbitrary factor;

"2. Whether the evidence supports the jury's

or judge's finding of a statutory aggravating

circumstance as enumerated in this act; and

"3. Whether the sentence of death is exces-

sive or disproportionate to the penalty in-

posed in similar cases, considering both the

crime and the defendant.

"D. Both the defendant and the state shall

have the right to submit briefs within the

time provided by the court, and to present

oral argument to the court.

"E. The court shall include in its decision

a reference to those similar cases which it

took into consideration. In addition to its

authority regarding correction of errors, the

court, with regard to review of death sen-

tences, shall be authorized to:

"1. Affirm the sentence of death; or

„2. Set the sentence aside remand the case

for modification of the sentence to imprison-

ment for life.

"F. The sentence review shall be in addition

to direct appeal, if mn, and the review

and appeal shall be idated for consi-

deration for consideration. The court shall

render its decision on legal errors enumer-

ated, the factual substantiation of the

verdict, and the validity of the sentence.

STATEMENT OF THE CASE

Glen Burton Ake, a/k/a Johnny Vandenover (hereinafter refer-

red to as the "Petitioner") was convicted of two (2) counts of Murder

in the First Degree, 21 0.S.Supp.1976, § 701.7, and two (2) counts

of Shooting With Intent to Kill, 21 0.S.1971, § 652, in the Dis-

trict Court of Canadian County, State of Oklahoma.

The Petitioner was convicted by a jury which heard evidence

in the second stage of the trial and found the existence of

three (3) aggravating circumstances.’ The Petitioner received a

death sentence for each of the two murders for which he was con-

victed and a sentence of 500 years for each of the convictions for

Shooting With Intent to Kill.

The facts which were presented to the jury reveal that on

October 15, 1979, the Petitioner and his co-defendant, Steven Keith

Hatch, quit their jobs on an oil field rig (Tr. 386), borrowed a

car from a friend (Tr. 386) and went looking for locagijion to burg-

larize (Tr. 537).

The Petitioner and Hatch finally decided upon a house, which

was that of Reverend Richard Douglass, his wife Marilyn, and their

two children, Brooks, age 16, and Leslie, age 12. The Douglasses

had recently returned from Brazil where they had performed mission-

ary work (Tr. 446).

The Petitioner obtained entry into the house under the guise

of attempting to locate the residence of another person in the area

(Tr. 430-432). While the Petitioner was in the house, Hatch entered

with a shotgun and the Petitioner pulled out a handgun he had been

concealing in his belt (Tr. 433-434; State's Exhibit No. 68, p. 15).

. The jury found that (1) the murder was especially henious,

atrocious or cruel; (2) the murders were committed to avoid or pre-

vent a lawful arrest or prosecution; and (2) a probability existed

that the Petitioner would commit criminal acts of violence that

would constitute a continuing threat to society.

The Douglass family members were forced to lie on the liv-

ing room floor and were bound with rope (Tr. 418-419). The

Petitioner and Hatch then tore out the telephones and the Peti-

tioner began searching the house for money. The Petitioner took

the Douglasses' twelve-year-old daughter, Leslie, into her bedroom

and forced her to undress (Tr. 419-420). He and Hatch then unsuc-

cessfully attempted to rape the girl after putting suntan lotion

on their penises as a lubricant (Tr. 420,425). Mrs. Douglass wept

as she heard her daughter cry during the rape attempts (Tr. 438).

During most of this time Hatch guarded the Douglasses with

the shotgun, threatening them if they moved (Tr. 438-439). The

Petitioner and Leslie returned to the living room and she was also

tied up (Tr. 439). The heads of Reverend Douglass, his wife, and

the boy were covered (Tr. 421-438). The Petitioner remarked to

the family that he liked to shoot people (Tr. 439-440) and then

sent Hatch outside to start the car (Tr. 440).

The Petitioner then shot all four family members with the

handgun (Tr. 441). Reverend Douglass and his wife died from the

gunshot wounds as their son attempted to untie them after the

Petitioner and Hatch left (Tr. 442). Partial strangulation was

also a contributing cause of death to Reverend Douglas (Tr. 325,

332). The children eventually freed themselves and fled to a

neighbor's house.

After the shooting the Petitioner and Hatch fled to Arkansas,

Tennessee, Lousiana, Texas, California, Nevada, Utah, Wyoming and

Colorado. While in Louisiana the Petitioner and Hatch showed some

jewelry to a woman named Virginia Keef. The Petitioner told her

that they had gotten it from some people in Oklahoma that they had

killed (Tr. 456-457). Ms. Keef at one time wore some of this

jewelry (Tr. 456), including Mrs. Douglass’ wedding ring which

was subsequently seized from Hatch when he was arrested (Tr. 411,

445-446, 460). Ms. Keef also observed a credit card belonging to

Mrs. Douglass in the possession of the Petitioner and Hatch (Tr.

458) and used it herself (Tr. 459). Ms. Keef also testified that

the Petitioner had telephoned his sister and that she had advised

him that the Douglass children had survived (Tr. 457). Ms. Keef

stated that the Petitioner became scared“ upon learning this news

(Tr. 457).

Petitioner and Hatch were arrested in Colorado on November 20,

1979. Upon being booked into the jail, the ring belonging to Mrs.

Douglass was found on Hatch and a credit card belonging to Mrs.

Douglass was found on the Petitioner.

Three days later the Petitioner gave a 44-page statement

to law enforcement officials which was taped and subsequently re-

duced to writing and signed by the Petitioner (Tr. 552-525). This

statement was introduced at trial as Exhibit No. 68 (Tr. 546-549).

In this statement the Petitioner confessed to the shooting of the

Douglass family.

REASONS WHY THE WRIT SHOULD BE DENIED

WHERE THE PETITIONER GAVE A DETAILED FORTY-

FOUR PAGE CONFESSION IN WHICH HE LUCIDLY SET

FORTH THE EVENTS BEFORE, DURING AND SUBSE-

QUENT TO THE MURDER UNTIL HIS ARREST SIX WEEKS

LATER AND OTHER FACTS SUPPORT HIS SANITY

DURING THE TIME HE MURDERED THE DOUGLASSES,

AND WHERE TWO PSYCHIATRISTS AND A PHYSICIAN-

MEMBER OF THE SANITY COMMISSION TESTIFIED AS

TO THE PETITIONER'S MENTAL CONDITION SUBSE-

QUENT TO HIS ARREST, THE UNITED STATES CONSTI-

TUTION DOES NOT REQUIRE A STATE TO PROVIDE

ANOTHER PSYCHIATRIC EXAMINATION ON THE ISSUE

OF THE PETITIONER'S MENTAL STATE AT THE TIME

OF THE MURDER.

The Petitioner claims in essence that the United States Con-

stitution required the State to provide the Petitioner with a psy-

chiatric examination which would pertain to the Petitioner's mental

state at the time of the murcor of Reverend and Mrs. Douglass.

The State contends that thie present case does not present

facts which compel such a result. At trial the Petitioner was

allowed to call as witnesses two pychiatrists (Tr. 554, 586) and

a physician (who was a member of the county sanity commission--

Tr. 572) who had examined the Petitioner in order to determine

his ability to stand trial. These doctors were permitted to

testify that they believed him to be mentally ill at the time they

examined nin.” One of the psychiatrists, Dr. Garcia, examined

2 see testimony of Dr. Aller (Tr. 560-561); Dr. Enos (Tr.

573); Dr. Garcia (Tr. 589).

the petitioner for an extended period of time--March 6, 1980, until

April 6, 1980, and April 10, 1980, to June 9, 1980. The Petitioner

was given the full benefit of their testimony and therefore he

cannot contend that mitigating evidence was kept from the jury.

S., Lockett v. Ohio, 438 U.S. 586 (1978).

The Petitioner asserts that the Constitution requires that

further evaluation be made to give the Petitioner the benefit of

psychiatric opinion of his mental status on the day he murdered

Reverend and Mrs. Douglass, October 15, 1979, some four months

earlier.

It is the position of the State that the record does not sup-

port his contention as there is nothing to demonstrate that the

Petitioner was insane at that time. Dr. Garcia testified that the

Petitioner had no previous history of mental illness (Tr. 599).

Three days after his arrest the Petitioner summoned the Sheriff

of Canadian County to the jail and gave law enforcement officers

a detailed confession which was reduced to writing. Three days

later it was signed by the Petitioner after he had made corrections

to the statement (Tr. 547-548; State's Exhibit No. 68, attached

hereto as Appendix ni)?

Other evidence supports the competency cf the Petitioner at

the time he murdered Reverend and Mrs. Douglass. The Petitioner

and Hatch fled the scene and traveled from state to state, which

the Petitioner lucidly sets forth in his confession. Details of

that journey are related in their entirety. While drug and alcohol

use are mentioned, no statement is made which reflects upon his

mental competency.

Furthermore, testimony at trial revealed mat, when in Louisana,

the Petitioner made a statement to Virginia Keef that he had obtained

the jewelry that he and Hatch showed her from some people in Oklahoma

they had killed. According to Ms. Keef, the Petitioner also tele-

phoned his sister and became scared“ when told that “the two kids

Certain blank pages and spaces appear throughout che state-

ment due to the fact that part of it was excised to delete refer-

ences to other crimes (Tr. 479-482, 502).

had lived" (Tr. 457). Furthermore, when arrested in Colorado, the 0

Petitioner had the credit card of Mrs. Douglass in his possession

(Tr. 411). |

Agent Shields of the Oklahoma State Bureau of Investigation

testified that when the Petitioner gave his statement he was very

calm and communicated well (Tr. 523). Sheriff Stedman, who was

also present when the confession was given, testified that the

Petitioner was resporsive, coherent and alert (Tr. 536).

In the present case the Petitioner was certified as compe-

tent to stand trial (A. 2--Letter of Dr. Garcia May 22, 1980).

Therefore, the Petitioner cannot claim that he was denied due

process for this reason. See, Drope v. Missouri, 420 0.5. i62

(1975). The Petitioner's attorney did not object to this finding

and did not assert this as a ground for appeal or as 4 part of

his Petition to this Court, other than to complain of his appear-

ance at trial due to the prescription for Thorazine (Petition,

pp 18-20). Most importantly, on the day of trial, the Petitioner's

attorneys withdrew their Motion for Sanity Trial to Determine

Present Sanity (Tr. 3-4; A. 3 herein).

There is presently no constitutional right to have a psychi-

atric examination of a defendant's sanity at the time of the of-

fense. United States ex rel. Smith v. Baldi, 344 U.S. 561, 568

(1953). Under Oklahoma law a defendant is not entitled to the

services of a court-appointed psychiatrist or the funds to retain

one. Irvin v. State, 617 F. 2 588, 594-95 (Okl.Cr. 1980).

In Pedrero v. Wainwright, 590 F.2d 1383 (Sth Cir. 1979), the

Fifth Circuit noted that in that Circuit in a state case a defen-

dant's sanity at the time of the offense must be “seriously in

issue" or there must be “reasonable ground to doubt" his sanity.

590 F.2d at 1391.

In Payne v. Thompson, 622 F.2d 254, 255 (6th Cir. 1980), it

was held, “[njor can we find a federal constitutional violation

in the state trial court's refusal to provide expert witness and

psychiatric examination by witness of his own choosing.*

Furthermore, the Oklahoma Court of Criminal Appeals in the

present case held that this argument was waived in that it was

not preserved in the Petitioner's motion for new trial. See, 663

-8-

— Q oo oe * — =

P. zd at 6. An examination of the Motion for New Trial bears out

this fact (A. 4 herein). In Oklahoma, only assignments of error

presented in the motion for new trial will be considered on appeal,

unless the error complained of is fundamental. Hawkins v. State,

569 P. 2 490, 493 (Okl.Cr. 1977). This is a long-standing rule of

criminal procedure in Oklahoma. See, Eads v. Scate, 640 b. 2d 1370,

1371 (Okl.Cr. 1982); Strong v. State, 547 p. 2 383, 385-86 (Okl.Cr.

1976); Hurley v. State, 416 P.2d 967, 971-72 (Okl.Cr. 1966).

Failure to comply with a state procedural rule normally bars

federal review of an alleged constitutional error. Engle v.

Isaac, 456 U.S. 107 (1982). See also, Estelle v. Williams, 425

U.S. 501, 513-16 (1976) (Powell, J. concurring) (failure to ob-

ject to appearing in prison garb should act as waiver of consti-

tutional right).

In view of the fact that there was no showing that the Peti-

tioner was insane at the time of the commission of the murder,

and because the Petitioner failed to raise this issue in his

Motion for New Trial, certiorari should not be granted to review

this issue.

11.

WHERE THE PETITIONER'S ATTORNEYS DID NOT RAISE

THE ISSUE OF THE PETITIONER BEING UNDER THE

INFLUENCE OF THORAZINE TO THE POINT OF BEING

UNABLE TO ASSIST HIS ATTORNEYS AT TRIAL AND

WITHDREW A REQUEST FOR A STATUTORILY AUTHOR-

IZED TRIAL BY JURY ON THE ISSUE OF PRESENT

SANITY PRIOR TO THE CRIMINAL TRIAL, HE WAS

NOT DENIED ANY CONSTITUTIONAL RIGHT.

The Petitioner next contends that he was denied the right to

a fair trial due to the Thorazine which was prescribed for him by

Dr. Garcia in a letter to the Court advising that the Petitioner

was now competent to stand trial (See A. 3).

The Oklahoma Court of Criminal Appeals noted that, upon the

Petitioner's return from Eastern State Hospital where he had un-

dergone observation, the Petitioner's attorneys withdrew their

motion for trial on present sanity. See, Ake v. State, supra,

663 P. 2d at 7. Indeed, the trial transcript reflects that, on

the day of the Petitioner's jury trial, the Petitioner's two at-

torneys withdrew their Motion for Sanity Trial to Determine Pres-

In Oklahoma a defendant in a criminal case has the right to

a jury trial on the issue of whether he is competent to stand

trial. 22 0.8.1971, § 1161 et. seq. (Now 22 0.8. 1901 § 1175.1

et. seq.) Cox v. State, 644 P.2d 1077, 1078 (Okl.Cr. 1982); Beck v.

State, 626 P.2d 327 (Okl.Cr. 1981). Since the Petitioner withdrew

the motion for such determination and raised this issue only in clos-

ing argument, the Petitioner's contention in this regard is meritless.

CONCLUSION

For the reasons stated, the Petitioner's Petition for Writ

of Certiorari should be denied.

Respectfully submitted, |

MICHAEL C. TURPEN

ATTORNEY GENERAL OF OKLAHOMA

DAVID W. LEE

ASSISTANT ATTORNEY GENERAL

CHIEF, FEDERAL DIVISION APPENDIX - 1 STATEMENT OF THE PETITIONER GIVEN ON

112 State Capitol Building

Oklahoma City, OK 73105 NOVEMBER 23, 1979.

(405) 525-8550

ATTORNEYS FOR RESPONDENTS

70s - Creg Shields C+

CANADIAN COUNTY

DS — b. L. Stedman 5

* SWORN AFFIDAVIT ) PACE # 1

STATEMENT OF GLENN BURTON AKE

This will be an interview with Glenn Burton Ake at the Canadian

County Sheriff's Office in the Sheriff's Office in Fl Reno, Oklae-

homa. My name is b. L. Stedman, Sheriff of Canadian County. Pre-

sent with me are Agent Greg Shields, OSBI and Mr. Glenn Burton Ake.

Glen what is your date of birth?

Nineth month, the 6th day of 55.

(DS) Is Glen Burton Ake your true and correct name?

Yes it is.

(DS) Deo you go by any aliases?

Yes I do.

Tell those to me, would you?

John Vandenover, its not Johnny like everybody has been saying,

Skip Thompson.

(DS) Spell Vandenover for me?

V-A-N-D-E-N-O-V-E-R. All one name, no hyphens. The other name

I went under was Skip Thompson and I wv nder that in Casper, 4.

Wyoming and Shoshoni, Wyoming, - FT went under ee

that in Louisiana, New Orleans when I was working for Jack Thomp-

son Shows. Billy Williams I used one time for one day just passing

through. The people that I stayed at their house ask my name and ‘

that's what I told them. That's 211 my aliases.

(DS) Okay, Glenn, are you aware that this conversation is being

taped?

Yes I an.

(DS) Have you egreed to it?

—

Yes I have.

(DS) Okay, let me read you your rights under the Miranda Warning.

You have a right to remain silent. Any statements that you make

can and will be used in evidence against you. You have a right to

consult with and have present prior to and during interrogation an

attorney either retained by you or appointed. If you cannot afford

en attorney one will be appointed for you prior to any questioning

if you so desire, You may stop talking at any time you desire. Do

you understand each of these rights thet I heave explained to you?

Yes sir.

(DS) Having these rights in sind do you wish to talk with we now?

Yes sir.

(DS) Okay, Glenn in your own words, why don't you start back on

October 15th and tell us what happened that day and during the pre

vious days until you were arrested in Colorado.

Alright, a, there was one other question that I wanted to ask you.

Anyway it started out that morning. I got up and I found out that

the girl I was living with, Theresa Colley, was « going out on me,

she stayed out 11 night that might and the night before. And I

woke up end I was sort of pissed off. I started drinking before 1

went to work.

(DS) And this was 11 on Monday the 15th of October?

This was «11 on Monday. I woke up about 8 o'clock in the morning

and started this. 1 started drinking. At 2 o'clock in the after-

noon my crew showed up end she wasn't there still. So I went on

abend and went to work, continued to drink 11 the way there too.

CANADIAN COUNTY

X7 TA

SWORN AFFIDAVIT ) PACE # 2

STATEMENT OF GLENN BURTON AKE

Got there and showed up for work

So we decided to get

rid of my job, so I left my derick hand there, I was short-handed

already, left my derick hand to drill, cause the tool pusher said

that he could have « drilling job next if I wanted to get rid of

him. So me and Steve borrowed Dewsyne's car, Dewayne Lucas, which

was my derick hand and he loaned it to us and so we went ahead and

went back to Enid, got back to Enid and we was around the house and

she still hadn't come around. I tried to find her and I finally

located her and I couldn't get in touch with her, she wouldn't talk

to me, so she there. So I went ahead and moved 11 my furniture

out of the house, everything I had, called my dad, he called my

Grandfather, they both showed up over there, we moved the whole

house out. We got the house moved out, I didn't know what I was

going to do, I started looking for her, couldn't find her, finally

we just took off. We were going to take the car back out, we had

Steve's car there, Steve has a car in Enid, had one, still there

probably, somewhere. And we took off and we went out towards the

rig, went by the rig, we didn't go exactly by it, went around the

section line by it. Went over to this other place, we looked at

it, didn’t look very promising so we just went on by it. At that

tine I knew that I couldn't go back by the rig so we just decided

to head on down the road and get owt of there, we had « little bit

of’ money on us. So we went on, we headed on down the road, I tor

get which highway it was, we cut over to Hennessey and started

coming south, bought e bunch more booze, whiskey and stuff, started

drinking. We got down the highway, it was dark time, I don't know

what time it was exactly and we decided to start driving the section

lines to see if we could get us, pick us up some more money by doing

a burglary or something, you know. We drove up to this one house

and we didn’t like it so we drove out. We went into two or three

houses like that and finally we came to this one house where Mr.

Douglass lives. We pulled into the driveway and there was about

6 or 7 Doberman Pinchers met us at the driveway so I went up and

ma@e a phone call, played like I was going to make « phone call,

vent up to the door and she let us in. Well she..they didn't let

us in the dogs stopped us and they came outside and met us and they

let us come in to make a phone call. I said I forgot the phone nun

ber in the car and so I went back to the car to get it, I was pretty

scared. I never done...all we was going to do was the burglary but

the people was home. So we...I went back up to the house and played

like I was going to make a phone call and told Steve to meet me

coming in the door, come on in the door. Steve came up to the door

and I pulled owt my gun and I said alright, everybody in the living

room on the floor. Everybody went in the livingroom on the floor.

We continued to go on through the house to burglarize the house with

the people there and 11, that was all we was going to do is burger

the house. So we came beck in the livingroom, we stayed there for

about 30 minutes, I guess, searching the place, we had one of the ki:

show us sround to every room, where all the money was, 211 the littl:

cups of money and everything, trying to get some Boney. Se Steve

goes through their wallets, I guess, doesn't find nothing but « cre-

dit of Mrs. Douglass. They had bunches of credit cards but nothing

was takin except for one Visa card from Mrs. Douglass. Left all his

credit cards and everything so people would think nobody took credit

cards. Seo we were 211 in the living room and it was about tise to

leave and I told Steve to go eutside and get in the car and turn it

around and get it ready to go, get it running and ready to go. Steve

toes outside and hops in the car and he warns me, he seys, “don't do

nothing drastic before we leave.” I tell him, I say, “don't worry

I ain't, don’t worry ain't.” Finelly 1 got his talked into leaving

outside, going outside. He walke outside get in the car turns it

around, starts it up. And I stands by the end of the couch end I

unloeded „ .357 magnum loaded with .38 wad cutters on these people.

I continue to run out the door and the dogs were 11 barking at me

so I slowed down to a walk, walked owt the door, I drove off, drove

off. Steve asked we what I dome and he told me I should of never

done nothing like that. Se we te on down the road to Arkansas, Ft.

Smith, Arkansas. So we decided to get rid of that car that Dewayne

REST AVAILABLE COPY

CANADIAN COUNTY

* or *

0 ’

A a

SWORN AFFIDAVIT pace 3

STATEMENT OF CLENN BURION AKE

Lucas loaned ws so we parked it in the back of this motel where

we stayed that night. We parked it behind it and left it there

and hopped on a bus to Memphis, Tennessee and we decided that

we would make « switch in buses and confuse everybody. We

switched buses and we went to Memphis and we stayed there at

the Ramada Inn for two days where we got ripped out for $800

but we still had $900 left. We had $1700 when we left, before

we done any burglaries, but we knew that wasn't going to —

ever-

the less, we should of never done any of those serious crimes.

We went on down to New Orleans, we got that job, we got that job

and we went to work and we worked there for about a week or 80

and I met this girl, Ginger, I don't know her last name at all

now. And we picked her up, Steve told me not to pick her up,

not to take her with us but I wouldn’t listen to him cause I

keew her before, when we lived in Shoshoni with her and she knew

me as Skip, that's what everybody while the whole journey was on,

was Skip. So we went shead and worked awhile and she was going

to move on the lot with me and they fired we for letting her move

on the let. So we went shead and left there headed towards Texas

on the bus and we got to Texas. Can I stop for s moment?

(ps) Yes.

When we were headed through Texes, we started headed into Texas,

we were on the bus we didn't have enough money to cide very far

and we were going to stop et that lake, right this, right that

side of Texas, still in Leute tens. i

(ps) Lake Charles?

Lake Charles. Okay we met this guy on the bus and he said he could

put us up for the might if we made it to Orange, Texas. The next

town away. We had just enough money to get there, we done blow 211

ov mey on our travels. So we went ahead and we went to Texas,

— Texas, we stayed there the night this man had « wad of money

on him you wouldn't believe, about 52800-63000, but he was being

real good to us by giving us « place to stay and everything and

Steve wanted to go ahead and burglarize it but we didn't. I told

him no end I was the sain whole thing the whole cappers was my brain

whatever I told Steve we didn't do, we didn't do it. Se we vent

ahead and left the next morning with just a few dollars in our

pockets end he gave us a ride....well we stayed there two days, yeh,

two days, and we continued on and he gave us a ride, he wanted to

get rid of us out of his house I guess, cause we had already inposed

on him two days. He gave us « ride it was about 40 miles from there

about 50 wiles or something like that, where he dropped us off on th

road by this park, stopped by this perk, went across the street, he

dropped use off headed north towards 80. We didn’t want to head sort

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CANADIAN COUNTY

€ 5 —

SWORN AFFIDAVIT PAGE F 4

STATEMENT OF GLENN BURTON AKE

. We was headed north there so we could just go south and

cut off on 10. We went down that way, paying cash for all the gas.

No one could trace us with the credit card. We get down south on

10 comes on across into Ne« Mexico into Arizona, into Nevada,

go up through Nevada, get into the northern part of Nevada and just

crossed the border into California and we're low on money. So we

head south again cause there was no cut over from where we were at.

So we had to go all the way down south to Barstow, towards Barstow

California, where I had a Gulf card from that one guy in Texas. I

used it in one place. We went on from there, we went on down south,

started using that Visa card, Ginger did. Started nsing that Visa

card and went ell the way across to California got up through my

home town, up through my home town, on through there; went north of

there and started headed east again, figured we would throw the pat-

rol again, by heading east. Changed plates three times already by

that time, on that car. Then we picked up another set of California

plates on that last venture east. Sn we threw them off cause we

didn't want to use that Visa card in the same place all the time.

We started headed east and got into Nevada and started blowing all

our money. Well I gave Steve the money and he goods with money and

he can handle money, I can't, I blow it too much. I gave him $150

and I kept $300. We were headed through there and we got to a place

called Battle Mountain and we was gambling én the Casino, he was

playing 21 and I was standing at the bar, drinking whiskey. Every

time we done this, I had to be all fucked up, everytime I done any

shooting I was all fucked up on whiskey. Whiskey makes me nutty,

anybody will tell you that, anybody, that's the only time I'm ever

rowdy whenever I drink whiskey. We stopped there started driking

Whiskey and ewerything and these guys invited us over for dinner,

these young people, they were all bikers and stuff. The kind of

poeple I run around with. I had a leather vest on at the time,

levis, Harley Davidson belt buckle, boots, Harley Davidson hat and

everything. So they invited us over thinking we were bikers too,

you know, So we went over there and we partied there for theee days,

hard, $300 worth of whiskey, half gallons, gallons of whiskey, wine,

beer, we headed out of there thinking we were getting hot cause the

cops were watching us over yery close. We headed out of there and

headed into Utah on Visa, everything, all our travels were on Visa.

We went all over Utah with that Visa card. She ‘ust sign the shit

right out of it. Spend 8 or 4 thousand dollars on that Visa card

in Utah alone. Whatever she wanted to buy and whateverbody wanted

to buy, we bought with that Vise card, we got com checks with that

Visa card and everything. She always kept saying com checks, com

checks, that's all she got, she got Visa quick, she got Visa power

7 — a * .

CANADIAN COUNTY % SWORN AFFIDAVIT ) PACE # 5 CANADIAN COUNTY SWORN AFFIDAVI1 / PAGE 7 6

STATEMENT OF GLENN BURTON AKE STATEMENT OF STEVEN KEITH HATCH

A: or what ever you want to call it. We headed out of Utah, headed Q: (DS) Whet time of day was that?

north up to Wyoming. Stayed in Rock Springs one night and headed 0

— IN — aoe — — 11 1 . A: ; o — inthe morning, 10 o'clock in the morning, somewhere around

mine I wanted to see. I was going to work on a rig. Was going eee.

to keep cool, lay low and no do nothing else wrong cause I didn't

do nothing wrong in that state. And here we get into an argument :

——ͤ—

Q: (DS) Okay, and how long did you look for her?

’

m1 Poa RO. Lh EF hg ae A: About am hour, that's all 1 could drive.

2.27.8. 7 2.1 215472. 277250 ever bert Bers , 1 Fest Ret o. (DS) Were you by yourseit?

E A: ve, Steve was with me.

mn hgh FET OR RF gh Ty o. des) Steve tent

NE NULL

Eh Fe hy .. eee eee ee

II t he eer. So I took off running on foot + Ran for aa 2 Pv hg mah oe 2955089999

a little bit around the trailer, they still were standing over there.

So I ran back to the car, hopped in the car, backed it out of the

driveway and takes off and that's when I headed south out of Sages 12 kept looking for her, drinking and smoking dope and shooting

three miles from the border. I comes down south about 18 miles,

going about 130 miles an hour on black ice trying to lose them. :

I couldn't lose them very easy, there lights were back behind about 9 (GS) Where were you at that time?

a mile an a half or two miles. So I flipped a huey, slowed down At fe ep bose

enough where I could Flip a huey and I come slidding in the middle * e

of the road like this here, making a 180. I start coming back, I ;

get back up there and we pass them and he sees what I done and he 0 (6S) And where wee thee?

was already going fast as hell you know, and he couldn't stop and A:

I whipped off on this other road which I knew, cause of an ofl W 2112 West Pine, Enid, Oklahoma.

field up there that I worked in. Whipped off it and went on down ;

theroad quite a ways, went off this one road, parked, turned off a: (DS) Okay, whet time did you leave the house then?

all the lights and everything and watthed him come back and go A: About 2 o'clock

right on by and he kept on going until his lights were out of sight. .

We turned on and came back down that one road where we got caught .

at, That brings us up to — 0 (D$) Who did you leave with?

—

A: M

o: (DS) Okay,Glenn, now that ve ve gone through that with you in a y derick hand cone te pick ve up.

narat ive form telling us, lets go back and start on October 15, Q: Who is he? (ps)

which was a Monday. What did you do the first thing on October

15? = A: devayne Lucas.

A: Woke up and started looking for Theresa. Q: (DS) Okay, your derick hand?

Q: (DS) Who is Theresa? A: He was my derick hand, yes.

A: Theresa Cool the one that I was livi ith h . ’

— 6 „„ ving with up there in Q: (DS) Okay, what did you do for a living.

: (DS) Ie that Steve Retch’s sister? I was a driller on a ofl rig, working for Sarah Drilling Company.

: DS

A: Theresa Cooley's maiden name is Theresa Hatch, yes it is. 8 % Where ot.

A: n

o: (DS) Okay, and why was you looking for her? ennessey Highway and the Drummond Highway, right at that corner.

: DS

A: Cause I was living with her and she hadn't been home in two nights 0 (DS) That would be west of Hennessey?

in a row and I was mad at her and that why I started drinking, and A:

enchten — 5 a south of Drummond, all the way to the Hennessey

: (GS) Had you had a fight with Theresa the night before she left? Q: (DS) How did you leave?

Ne. That's what I couldn't understand, I gave her my whole check A: In hi

and everything. Everything, I just come home....I'd work come home © car, he was driving, I cn drive.

and give her my money, taking care of it, buy the kids what they need Q: (pds Ww

everything. I couldn't understand it. That's what I couldn't under ? SS angers cise „%

stand. A: Steve Hatch was.

Q: (DS) After you couldn't find her, what did you do then? Q: (DS) Okay, what kind of car did Dewayne Lucas have?

A: We started drinking. I shot up about half a gran of cocaine, at one A: 64 Malibu.

time, started smoking pot, looking for her. :

— (Ds) Do you remember the color?

———ͤ —— —

—— —— —4—ĩ— —— —— — — * 0 —

(cs)

CANADIAN COUNTY

> © > v» 2 FF 2

SWORN AFFIDAVIT ) PACE #7

It was yellow with alot of primer spots on ‘tt. Banana yellow,

light yellow, lighter than banana, like a real faded out banana.

(DS) And you said this was about 2 o'clock?

About 2:30 or something like that.

(DS) Where did you go?

Unt to the rig.

(DS) Okay, did you do anything on the way to the rig?

Okay, dren’ beer and whiskey. Soon as we got to the rig, I could

make it up to the dog house and change clothes, that's all that 1

* that's when we borrowed the car and

(DS) Glenn do you, are you an outdoors man?

Yes I am

(DS) Do you like guns and hunt quite abit?

No.

(DS) You don't hunt much?

I've never went hunting at all.

(DS) Is that right?

I lugged guns while I was in the army. I was an expert. 1 like

tearing them apart and working on them and putting them back togethe:

(DS) Did you own a gun at that time?

That day, yes I did.

(DS) What was it?

sa"

„357 magnun.

(DS) Where was that gun at that time?

It was in the car, inmy lunch box. I was going to take it out to

the rig and practice shot with it.

Did you?

—— I vent out and bought a whole box of shells but I never shot

en.

(GS) When did you buy shells?

The day before, the 14th.

(GS) Where did you buy these shells?

K-Mart, in Enid, Oklahoma. They had no .357 rounds at all.

(GS) What type shells did you buy?

38 wad cutters 38 Special Wad cutters. The

* e . y said the ould

shoot through the gun but they would leave 3 lead build — ae 8

bought a wire brush and a cleaner so I could clean the barrel every

time I fired 6 shots through it, which I did. I practice shot with

it quite a few times before we went out that night?

Where did you practice shooting?

I practice shooting at the reserve pits. Cross het

an 011 rig bout reserve pits, thats

(end of tape)

(DS) This will be the beginning of side two.

CANADIAN COUNTY

(7 5

SWORN AFFIDAVIT PAGE 7 8

STATEMENT OF GLENN BURTON AKE

I was practice shooting, I practiced about 12 rounds at the Cross

reserve pit. About 150 yards and I could hit a coke bottle wit

it at that range. Pretty damn good. ‘

(GS) Where was this reserve pit located?

The one we practiced on. It was back towards Drummond and behind

Waukomis. It was back northwest, where a rig had just moved off

location. There was nobody on it. I went in there and I was just

practice shooting. There was no houses around in site or nothing.

(DS) Was this that day?

That day.

(DS) What were you shooting at?

Coke bottles, coke cans.

(GS) Who was present with you?

Me and Steve, period.

(DS) Was this before you went to work?

No this was after we went to work and after we took off. It was

before I moved. We had practiced about 15 shots before we went

home, before I moved.

(DS) Did you do any practicing before you went to work when Dwayne

was with you?

Nope. I showed him the gun and everything but we never shot it.

Cause I just had bought it?

(GS) Where did you buy che gun?

—

a" Lah olen

I bought it off another guy. I was drinking in a bar in Hoimaa and

that guy was talking about him having a bunch of guns and st’ ff and

he said he had a .357 for sale and I told him I would buy it and we

went out to his house that night and we were drunk and I bougth it.

(DS) When was thés?

Around the 13th.

(GS) Do you know his name?

No I don't.

(DS) What kind of gun was it?

357 magnum, Ruger.

(DS) Ruger, .357. Can you describe the gun to us?

Just a regular .357, blue on one side was tarnished.

(DS) It was blue steel?

It was blue steel, yes, bu’ be blue on it on.one side was bad.

(DS) How long a barrel did it have?

Maybe about 3“, 34", 1 don't know exactly.

(DS) How much did you give the man for thegun?

Gave him $125. 1 sold it for $50 when 1 sold it.

(GS) Where did you sell it at?

Louisiana.

*. —

CANADIAN COUNTY * SWORN AFFIDAVIT ) PAGE # 9

STATEMENT OF GLENN BURTON AKE

: (CS) Who did you sell the gun to?

A: A guy who picked us up hitch hiking. I don't know who he is, what,

and where. I know where he is located now, 5 miles south of New

Orleans somewhere.

: (GS) Haw could you locate him?

A: Couldn't. Not now.

: (GS) Is this where the man picked you up?

No, he picked us up down by, Home, Louisiana, south of New Orleans

about 40 miles or so. We were hitch hiking. We didn't have no more

to catch a bus. So I sold him that gun so we could have some money.

T seen a car/along the way back towards where he was taking us and

nival °

I had him drop us off so we went and got a job right quick cause I

knew how to talk carney talk. I knew it when I was 14, 13 years

old as a run away from home.

Q: (DS) Okay, lets back up to on your way to work. You were telling

me you did not do any practicing on your way te work that day.

A: Rope.

: (DS) Okay, what time did you get to work?

A: 5 minutes to 3, Right on relief.

: (DS) And that’s when you relieved the day tight tower?

That's when we relived, every day, between a quarter tell and 3

o clock on the money, we relieved them everyday. I've always been

on time to work and everything, never been late, always showed up

7 os? a week job and all.

_ .

: (GS) And how long were you at the rig?

A: About an hour, I guess, if that long, I don’t know how long, I know

--—«. it wasn’t over an hour. ’

—— — — — — a

* «++ cadiinee.am — 2 np he Rs — — — —

Q: (DS) This was the 15th of October, was that pay dey?

I think we got paid the day before. No we got paid Friday and that

was Monday. We got paid on Friday before then. They still owe me

a weeks check. I'd like to get that so I could give it to my parents

too.

Q: (DS) When you left the rig. How did you leave?

By Dwayne Lucas’ car, he loaned it to us.

Q: (DS) And who left with you?

A: Me and Steve.

: (DS) What did you tell Dwayne Lucas that you were going to do?

q - 47

— COUNTY SWORN AFFIDAVIT ) PACE # 10

STATEMENT OF GLENN BURTON AKE

the car back to hin.

to Enid and that we would bring

— — — I was going to move and get the hell out of Dodge.

Enid?

u took Dwayne’s car and went to

— — you do when you first got back to Enid?

I started looking for her and I couldn't find —— — N=

to the place. Then I called my paren

— XL moved out within 45 atecteo. Son —

tens 118, the living room sat, couc 5

ee ee. —— bedroom set, bunk beds and everything out of the

bathroom. That's everyting I own.

(ps) And whe took that, your parents?

Its at my parents house now. I gave it to them to take there.

(DS) Okay, last night, you made a phone call to your mother. Is

that stuff the stuff that you told her to sell?

11 her not to sell it.

And I'd like to call her back and te

| small I'm doing this and I'd like to give it to my nephew when

he gets older, cause it was plush stuff.

(DS) Okay, efter you parents left with the stuff and was mo ve d

over to there house, what did you and Steve do?

4 on the way back out

4 to take the car back out there an na

LIT that we didn't have no transportatinrn —

cided to take the car te Arkansas until we could get on the 0

which we had none

(GS) Did you have the money in your pocket?

heck, cause 1

in pocket. I had that whole c >

—1. — that cheek cause I found out she wae going out on

me on Thursday.

(DS) Did you have any other money on you, other than your check.

(pS) Did Steve have any other money on him other than what he got

from his check?

Ko. Wot at that time.

— .

. —. —

. 1 — - -

- oo

(Ds) ones — 446 ect go write @ check or go to the bank and get

any money or anything?

Oh, yes we did, ve went and drewed out our savings accounts.

* *

cos) Where was thet at?

That was at Northwest Enid, Northwest Bank of Enid.

(DS) Hew much money did you get there, Glenn?

° hat

Hundred dollars, I think, or something. like that, I don’t know v

it was, I forget- K .

(DS) Did steve get any Boney there?

He got his money he had there too.

(DS) Do you know how much that is?

been

1 think it was sround the sane amount I had, it might have

—

€ €)

CANADIAN COUNTS SWORN AFFIDAVIT Pace # 11

STATEMENT OF GLENN BURTON AKE

50 apiece, I don't know. It was either “50 apiece or 100 apiece

we had in there.

(PS) Did you get that money out of a checking account or a savings

account?

Savings account under our slaises.

(pS) Aud what was that?

John Vandenover and Steve Lisenbee. That was John Vandenover and

not Johnny. I never have used Johnny.

(DS) Okay, when you started te leave Enid, did you do anything in

Enid before you left?

Looked for her and that was it. That 6 all we did man.

(CS) What time did you leave Enid?

I don't know it was in the afternoon sometime. Evening around 5

o clock, 5:30 maybe 6. Somewhere around there.

(DS) Okay, where did you go from there?

Headed towards the rig.

(DS) The rig that you worked on?

Right to take his car back there but we decided right at the last

moment that we weren't going to take his car back.

—

8 iw

CANADIAN COUNTY SWORN AFFIDAVIT N PACE # 12

STATEMENT OF GLENN BURTON AKE

€- er |

7 | ( 0 *

AN COUNTY SWORN AFFIDAVIT .

CANADI PAGE # 13 ; CANADIAN COUNTY SWORN AFFIDAVIT PAGE # 14

A: I'd say, “no, no, no”. And finally we came to that one house and

he kept bugging me and bugging we to look at houses and I finally

Q: (GS) After you left Hennessey what is th

the first town that you come said, “pull in this one.”

A: 1 don't know, to tell you the truth, I was drunk and I don't know o: (DS) Who kept bugging you, Steve?

whére we were at. I wasn't drivin

&, STeve was. A: Yeh. He kept looking at the ones with no lights on and everything.

2 * — . — Q: (GS) Did this house have lights on?

A: We stopped in Hennessey to get some beer

some beer to drink. That's it Love's Co

. t

it was, south of Hennessey. Stopped hens Gall eas auee tae — eng ee Bbg

had three cases of beer in the back g

» south of Hennessey to get A: Yeh, the one I said pull in to, sure did, had a hee family in it.

Q: (DS) Could you tell us where that house is?

Q: Okay, were you on Highw

„ y ghway 81 at this time. A: To tell you the truth, I can't, can't tell you how to get to it or

A: I think so, I'm not for sure. nothing. All I know is that it's not far from the highway.

Q: (DS) Where did you go from there Glenn? Q: (DS) How ter from the highway?

A: South to thes . A: 1 don't know but its’ not very far cause it didn't take us very

other places but nothing looked any good.

Q: (DS) Oka if Q: (GS) What would you guess it would be?

fisher? Ye you were going south on 81 cid you go through King-

A: Quarter of a mile, not very far. 1 don't know for sure but I don't

A: I guess so. think it was very far from the highway.

Q: (DS) Did you stop in Kingfisher? Q: (DS) Is it on a country road. section line?

: A: Dirt road eh. Section line.

A: Maybe to get ges. Ho we gased up at Love's Country Store. We didn't 1

stop in Ki ,

sgfisher, I don't think. 1 don't know, I was wiped out. o: (DS) Which side of the section line is it on?

Q: DS) 14 a

2 2 A: If you're headed et I think, its on the right hand side. On the

A: A I resenbe south side of the rod. I'm I right, south side of the road, if

1 F are the high points of that night. you're headed... „ south side of the section line, I's pretty

sute.

Q: (DS) Do you remember going through Okarche?

Wh Q: (DS) Okay, did you pull in the driveway?

— 1 I slept most of the time except when we were — :

uses. I was getting ready to look at this house and Cause I don 3 ee oe = 2 yy ; =— = ———

a east or west n we pu a. e we pulled right in the drive-

way and I told Steve, “pull right in thedrivevey, pull right up like

you're going to make « phone call.”

: (DS) How long was the driveway?

A: Pretty good driveway, I guess, I think.

Q: (DS) Straight or curved?

A: 1 think, it wae straight with e small curve at the end. I think.

Q: (DS) Cam you describe the house to us?

A: Wo, I sure can't. All I seen was 6 Doberman Pinchers or so.

Q: (DS) Was it frame, brick, one story, two story?

At 1 think it was ose story, with a part with two story in it. In

fact, yeh, I know it had to be part of # two story, it had to be,

because I remember going down stairs and there was a little room

there and that wes it. Downstairs, I think.

Q: (DS) Okay when you pulled up into the driveway and parked, where

did you park?

N A: Right in front of the garage door.

Q: (GS) Was there any other vehicles?

_ ö A: Yeh.

CANADIAN COUNTY SWORN AFFIDAVIT PAGE # 15

STATEMENT OF GLENN BURTON AKE

(CS) Could you describe them?

One was in the drive, I don’t know what they was, there was two

vehicles there.

(DS) Do you know what kind they were?

I don't know, I was Pretty messed up whenever I was going in there,

I was scared off r aes. Cause I never done mothing like that with

people home, no burglaries, 1 didn't know what I was going to do.

(DS) Whe Set out of the car first?

Me. I told Steve to set in it.

(DS) and what did you do when you Set out of the car?

I went up to make 4 phone call. When 1 seen they were going to

let me make « Phone call 1 told thee I had to go beck out to

the car and get the number,

(DS) Was the dogs barking?

Severly.

(CS) Whe answered the door?

A, I never went to the door, 1 went by the corner of the garage

and 1 Stopped and « girl and « boy came out

(Gs) mat ale you say to the girl and boy?

- Just the first two that caught in

my + Tom or William McKoney or something, know.

anything would pop up. —

T a . on in and use the *

2. 277 the eg, vases phone ana P. f. lanes”

Steve to cone on ii e beck out tothe oF, 906,80

seve to come on it as soon a ae dn at gt Ty thing

So I walked back up and the Tee us in ot er because

the people had done told thes t was all right, 2 ? So

and my Net Ob £2 the door and L dee 5 gger my belt

Picked it up ona‘op,Of it and then T got ee eg 2

and T don't pane started bere it weas Lee any munbers,

0 numbers it was. T looked at the prefix

fat dialed those first three of the ix dialed

pretending g e n i,

the door sil K. cigs be as $0. somebody “end 1 be: digconnec

Steve sone up: the 22, 27 ff. Steve . b get, 1o0king

Migge me UP the man of the hosts’ ike that

said

277

992 *

CANADIAN COUNTY SWORN AFFIDAVIT PAGE € 16

STATEMENT OF GLENN BURTON AKE

tinuing)

2 — — like I was a crazy man from the funny

farm which I was just about at because I was all fucked

up on whiskey.

Q: (GS) Did ;you tell them that you were crazy?

A: Yes.

Q: (GS) What did you tell them?

A: I told them 1 just out of of Ft. Supply. “I'm crazy, you better

do what I say.

Q: (DS) And then what did you do, Glenn?

A: Made them all lay down; tied them up and started going through

the house. Covered their heads up.

Q: (DS) Was Steve in the house at that time?

A: Yeah, at that time he was.

(DS) Did he bring the shotgun in with him?

A: Ubehuh. It was unloaded; didn't have no shells in it.

Q: (DS) Was it?

A: Can't shoot nobody with an unloaded gun.

o. (GS) What was Steve's job when he got into the house?

A: He was to go through that’s all he wes good at.

He was at that. Go

Or find hard to spot ngs,

like — People stash money and stuff. He was pretty

fair at that but even though, he didn't find no money.

DS You told us earlier that you -- you wore gloves.

= Did you both — You ~~. the

A: Yeah, he did. I didn't at that time. As

gloves on. Ans S think swiss ay be room,

. (DS) were all four of the people laying on the floor?

A: Uh-huh.

Q: (DS) Where at in the house?

— — —

— —

CANADIAN COUNTY SWORN AFFIDAVIT PAGF # 17

A: In the living room.

(DS) Can you tell us where in the living room?

In front of the couch. One right in front of the couch; coffee

table separating Mrs. and Mister and the girl was behind the

man and he boy was up by the fireplace laying lengthways from

(DS) Okay, Glenn, at what point did you tie them up?

At that point as soon as I got them laid down.

(GS) Did you tie all four of the people up?

I tied everybody.

(DS) What did you tie them up with?

Rope, cords, anything I could find.

(GS) Where did you find the rope and cords?

. t"has'hat ay Somme""aha™

gave it to me. Is there any way I can get some water?

(GS) don t .

L 4, we go ahead and continue this and 1 11 get you

(05) Okay. While were — where

cords and stuff, 414 you say? d you end up getting the

At the kitchen.

(Ds)

Can you tell me what kind of cord it was and where it

Nylon cord and I don't know where it came from in the kitchen.

(DS) You say you bound all four of then?

Yes.

(DS) Did you gag the people?

Yes, some of them. Yes, I did.

(DS) What with, Glenn?

Pieces of cloth, I could find eces loth

think most 4 AK, —

——4 all of „ think it was all of „ of

(Ds) Did any of the family go through the house with you?

Yes, I told the

1. Gaughter to get up and find us all the money

(DS) This was before you bound her?

Right .

(0S) Who went through the house with her? You or Steve?

Me. She gave us all -- she found us

Fooms, she showed up where all the money SA

il .

CANADIAN COUNTY SWORN AFFIDAVIT PAGE # 18

STATEMENT OF GLENN BURTON AKE

(Answer continuing)

get back in the living room and laid her down. Was trying

to get in a hurry because we already took too much time.

o: (DS) Where was Steve while you were going through the house

with her?

A: In the living room.

Q: (DS) What was he doing?

A: He was looking through all the things in the living room and

went into the other bedroom and looked for things. In the

parent's bedroom.

o: (DS) And the man and the woman and the boy were tied in the

living room floor and the girl was with you?

A: For about fifteen minutes and then she was tied up.

Q: (DS) At any time did you assault or attempt to sexually

assault the woman or the girl? ~

i. —

A: No, just tied them up.

O: (DS) Okay.

A: All we wanted was the money.”

Q: (DS) Did you take anything else, Glenn?

A; Just the watch.

o: did you take anything other than the watches? (DS)

A: All the change they had. There was one big old cup of quarters

and nickels and dimes.

o: (DS) can you describe the watched to me?

A: Both of them were Seiko watches; blue face on one and white face

on the other.

Q: 1 Both of them men's watched or —

A: Both of them men's watches, yes. No woman's watch. Yes, there

was -- no, there wasn't no woman's watch.

o: (GS) Was there any other jewelry taken? (DS) Rings, necklaces?

A: Oh, yeah, two rings. Matching set, gold bands with red stones in

them all the way around.

o: (DS) How many stones you think?

A: Eight a piece or something like that.

Q: (DS) Okay. Where were those taken from?

A: 1 don't know. Steve got those. Maybe they were out of the

master bedroom because they were a matched set so I would

imagine they came out of the master bedroom.

o: (DS) Back up just a little bit, Glenn, when you first went into

the house or you both went into the house, where were the people

in the house?

ScawaprAN county ¢%~

Eo)

ee 66 66 66 66 66 60

9 FO FO FO FOP OPOPF OC

SWORN AFFIDAVIT ee PAGE # 19

* )

Mother was in the kitchen. The daughter was in the living room.

The boy was in the living room and theman was in the living room --

de dr oom.

(DS) In the bedroom? Master bedroom?

When he came out though was just about whenever Steve cocked it

through the door.

(DS) Okay, after you go through the house with the girl, what do

you do then?

Take her. back in the living room and tie her up and told Steve to go

outside and turn the car around.

(DS) And let me understand correctly. You've told ws they are all

four tied up in the floor and..... (End of tape two)

(Beginning of tape three)

Gagged.

(DS) Were they covered up with anything or

Their heads.

What with?

Shirts, whatever we could find. Cloth.

(GS) Who covered the heads?

Steve covered the heads.

(GS) On all or part of them?

(Part of them and I covered part of them. I covered two and he cover:

two. He covered the boy and the mom and I covered che man and daught:

(DS) Okay, what did you do after you covered them up?

Looked through the house for about anouther two minutes or so. I spe:

too much time there so I told him to go out and turn the car around a:

he told me not to do anything that drastic, right, we're already in

bad enough. I told him to go turn around the car and don't worry abc:

it. I wouldn't do nothing, so he went out and started the car up and

turned around and he head me shoot.

(GS) What was the conversation that you had with the family? Were yo:

talking to them?

Yeh. (Affirmative) I told them I was a crazy man.

(GS) What were they saying to you?

Uh, they was just saying don't shoot us. That's it.

(DS) Did you make any threats to them?

I said just be quiet or 1 11 shoot you.

(DS) Did you know that the man was a preacher?

No, I didn't.

(0S) Did aryone there tell you that he was a preacher?

Uh, no, they didn't tell me that.

Okay, Glenn, did you make any threats to any one person?

No, I told them all, all the same.

Okay.

All were in the same room when I was threatening. All in that room.

(DS) Okay, after you toldGlenn, excuse we, when you told Stewe to go

outside, did he go outside?

He hesitated for a few minutes, trying to calm me down because I was

all spaced out. I was all fucked up on this, I done a bunch of speed

in the car before we got there. Drinking whiskey and speed, they don

mix. He was trying to calm me out of it. Telling me come on, come

on, lets get the fuck out of here, come on. I said just go out and

turn the car around and shut up. So he went out and he turned the

car around and shut up. a

—— — a 7

REST AVAILABLE COPY

CANADIAN COUNTY ( rm

(DS) How long was he

Three or fou

(pS) What did you do

Told the pe

I emptied ov

(ps) out of what?

357 magnum,

Okay, and who did yo

The man, the boy, the

1 think 1

(os) But you

I don't where I put

Q: (pS) MA

A: I was too tired.

in the car before you went out?

r minutes -

after he went outside? 1

„t talk.

I says, I' sorry but dead men don't

ople * *

t six shots

38 special wad cutter shells.

u shoot first? —

daughter, the mom, the man again, @

shot the boy twice.

don't remember for sure

I was all fucked up-

t last shot.

5 you do then?

Ran out the door.

door

ou ran out the *

gee Bo d because of all the dogs right the

think that all

I slowed down and stop 2

t the

t when you ran ou

(nS) Okay, bu —

eng hurt them ba

2 one — get away, but

aidan't think 80. ae - ;

ough, a. then — 41 — San all, 1 just wante

enough, t intending to r awhile. We was

not right 2 re pag get out a ee ion east. didn't

to hurt them 1 stateline, we hea Ang that.

= le — ty fF or not. 1 was just %

“know they ¥

the doo

(DS) okay, you ran out » ee get out of state. —

s hurt them bad enoug

I wanted to do wa

por door and you slowed down be

cause the dogs were

(ps) You ran out the -

oy hers, or @ bu

: fi tive) There was six oo — Ad...

>= —— I don't know how many,

of them anyway-

Then what did you do?

nopped I walked the res L

Thats et 1 from the door and ran out to the

about six foo

hell out of here.

— t the way to the car, got

I said get th:

(ps) Who drove?

STEVE drove. He already had the

1 couldn't drive.

car started and I told him tha

leaf and I was all

I was like shaking like 4

spaced out.

left,

and when you

driveway and out and was on the highway

ass py 14 We was headed south.

(ps) Did you know wha

there?

ia you go from

2 : pefore 10n9-

t highway that was?

CAN county N SWORN AFFIDA “,

‘ ö PAGE #21

STATEMENT OF GLENN BURTON AKE

We was on a dirt road before then. We came in from a different

direction.

(GS) What was the first thing you remember seeing after leaving

the house?

The birdges. A wood bridge, a small one, real small, two foot

on the sides.

(DS) Was that before you got to the highway.

Yeah. Like a big creek or something. Right, just a rail, just

a little guard rail, I wouldn't call it a bridge, little guard

rails.

(DS) Okay, after you got to the highway which direction did

you turn?

We turned left. I think it was south.

(DS) Okay.

Cause we ended up coming out of the south.

(DS) Okay, where did you go from there?

Oklahoma City. Through Oklahoma City and we was worried about

getting busted being in that car. And we went straight west across

the border into Fort Smith.

(DS) Straight west?

East. Excuse me.

Pad On what highway?

I think it was eighty. I sure it was eighty.

(DS) Did you make any stops in Oklahoma City?

Nope. No stops. Straight through. We had gas. =

(DS) Did you make any stops between Oklahoma City and Fort Smith?

Rest stop. Take a piss. We s two or three times to do that.

Not at just rest stops but just off the side of the road. And I

was drinking pretty heavy. And that’s against the law.

(GS) What were you drinking at that time?

Boiler makers. Whiskey and beer, half and half. Half a can of bee»

and a half a can of whiskey. Canadian whiskey. Canadian Lord Albei

Same thing I was drinking before we got there. Cher

. 7

(GS) Backing up just a moment, were you smoking cigarettes at the

time?

Smoking cigarettes, smoking pot, shooting drugs, I was doing every-

thing.

(GS) What type of cigarette do you normally smoke?

Camel filter light.

(GS) Do you know what STEVE normally smokes?

Marlboro's. But I, I ran out that night once. I had to borrow

some of his to. He smokes Marlboro normally. But I was smoking

his anyway. Cause I was forgetting mine in the car and smoking

his in the house. I think maybe I brought one or something like

that on me. I was smoking, I used to smoke Raleigh filter Kings

re a

CANADIAN COUNTY € SWORN AFFIDAV }) PAGE #22

STATEMENT OF GLENN BURTON AKE

(GS) Do you remember...

But I forget what kind of cigarettes I had with me that night

cause I don't know. I don't know. All I know is that I was

smoking.

(DS) What kind of beer do you usually drink, GLENN?

Uh, Bud, Miche log, Lowenbraw.

(DS) Anything?

Anything that’s got, anything that's good. Any thing that Anhuser

Busch usually.

(DS) What kind does STEVE usually drink?

Anything that I drink. He usually goes along. . I used to drink

a lot of Old Milwaukee up there in Enid. A lot of it. A case and

a half a day. It took about, oh, a good two six-packs to get me

fucked up on beer. That's why I was drinking whiskey. Alot of the

two. Whiskey and beer both.

(DS) Okay, while we're backed up here, do you recall what you were

wearing that day?

I was wearing a red construction company baseball cap, a blue shirt,

a T-shirt shirt, that said on the side of it, in that little sign

right here, with two fingers pointing like that, it said 111 show

you mine, no, you show me your's and I'll show you mine, or show me

yours and I'll show you mine, or something like that it said on it.

Had levi pants on.

(GS) What type of shoes?

Boots. My boots. The boots that's out here.

(DS) What kind of boots are those?

Wolverines. They stink. Don't ever buy any. Feet sweat in them

too much. a -

(DS) What color are they?

Black.

(DS) What was STEVE wearing that night?

I don't have the foggiest. I think he was wearing a flannel shirt.

(DS) But you don't remember.

I don't remember what the hell it was. Cause I know that I got rid

of that blue shirt and that hat.

(DS) You said that you had on a red construction company hat.

Hat on, right.

(DS) do you remember what it said?

Red Construction Company.

(GS) Where did you discard your clothing?

Uh, Tennessee, no, New Orleans. I got to New Orleans, that base-

ball cap is probably still there. And, wh, wh, JACK THOMPSON's

trailer bunk house.

(DS) Okay, you stopped two or three times between Oklahoma City

and Fort Smith to use the bathroom.

_ CANADIAN COUNTY il

SWORN AFFIDAV, 7 PAGE #23

STATEMENT OF GLENN BURTON AKE

No bathrooms. We just pissed on the side of the road.

(DS) Okay. When you got to Fort Smith, what did you do?

Rented a motel.

(DS) Remember the name of the motel?

No, but it's across from the Ford place. It was across from the

Ford place. I still got the card in my wallet from the Ford place.

(DS) Do you remember anything else that it was close to?

Uh, shopping center. A small shopping center. In fact the parking

lot combined with it.

(DS) If I named some motels to you do you think you could remember

the name of it?

No.

(DS) What time of day was it when you got to the motel?

Late.

(GS) What would be your best guess as to the time?

I wouldn't have the foggiest, to tell you the truth. STEVE went

in and rented it. I had to stay in the car because I was to

fucked up. Then he helped me, it was an upstairs too, cause he

had to help me upstairs too.

(DS) Do you remember the number of the room?

Two forty-three, I don't know for sure. I think it was somewhere

around there though. I was in the back, way back. It was a big

tel.

(DS) Okay How long did you stay there?

That night. The next morning we got on the bus.

(GS) Which bus did you take?

Greyhound.

(GS) Where did you go?

From there to Memphis.

(GS) And where was the first place you went when you got to Memphi:

Ramada Inn.

(DS) Before we leave there, how did you get from the motel to the

bus?

Taxi cab.

(DS) What kind of taxi cab?

Brown taxi. It was a brown colored taxi cab but it was called

Black Taxi Cab, or something like that.

(DS) What did you do with the car that you went there in?

Left right at the motel.

(DS) Was this DEWAYNE LUCAS’ car that you left there at the motel:

Yes, it was. That's probably how you can find out what motel it

' CANANDIAN COUNTY i

SWORN rr Ar PAGE $24

STATIMENT OF GLENN BURTON AKE

(DS) Okay. What time did you catch the bus?

Eleven o'clock in the morning. I was half way straight by that

time. Eleven o'clock in the morning, I think. Somewhere around

then.

(GS) What type baggage were you carrying with you at that time?

Duffle bag. That's it.

(DS) What did STEVE have with him.

Duffle bag. Same duffle bags that was in the back of that car in

Colorado.

— Do you have everything that you had with you in the duffle

Right.

(DS) Where was the pistol at this time, GLENN?

In the duffle a. Wrapped up in the sleeping bag. Unloaded.

(DS) Where was the shotgun at this time?

Wrapped up in STEVE's sleeping bag, unloaded. Well, his was wrapped

up, but the end of it was sticking out of the sleeping bag. Cause

one of the trucks seen was the end of the barrel, one of the bus

drivers did b&b throwing it around. That's why we didn't take an

airplane. Cause on an airplane they search for weapons. In and on

from top to bottom.. That's why we took a bus. We were scared

every through every town we went through. Scared that there would

be another, bunch of cops waiting there for us.

DS) Okay, after you got on the bus at Fort Smith, you had bought

a ticket, I believe you said to Memphis, is that right?

Yeah.

(DS) Did the bus make any stops between Fort Smith and Memphis?

Lots of time.

(DS) Did you ever get off the bus anywhere?

No.

(DS) Did STEVE ever get off the bus anywhere?

No.

(DS) So, you went directly to Memphis?

Right. Well, we off the bus at one time at one place. And

I ran about six to get a bottle a whiskey cause I had the

shakes.

(DS) Do you remember where this was?

I don't remember what town it was. I know, I seen a liquor store

as you pull right up into the bus station. So, I ran back and

bought a half gallon of whiskey. Went back to the bus. Started

@rinking it and got calmed down a little bit and went to the

bathroom and shot some more drugs up.

(DS) On the bus?

On the bus. By the water container is where I done it. About

@ thousand points. A thousand syringe needles. With one glass

„„ I didn't need help to shoot up. I shot it by

SyPinge

: CANADIAN Counry €-

SWORN AFFIDAv. —

) PAGE #25

SWORN STATEMENT OF GLENN BURTON AKE

myself one time. Then when STEVE

good with a needle. shot up I shot him up. Cause 1 was

> 99 „ ©

(0S) Was-STEVE shot up this day?

only ones that can . is one o

sell it for Little bit or nothing ende and bring 222

(DS) Does he live in Enid.

I'd rathe: not Say.

Okay.

He lives in, in the, he 8118 to Enid, let’

(DS) Okay, you got to

what did you do when you got da ne” —

We went across the 8 7

fucked up at the time we got Kere * Motel cause we was a1

but it that way.

(DS) Just across the stieet

Just across the street.

(9S) There was # motel right there?

might have 0 they af Which

the street, ene’ ge ant ov who they was after. — entece

window them do this. Two dra. Inn, looking out the

(Ds) Tt was a Ramada inn

that you stayed at in

Right. Memphis?

And partied 1 four hundred bucks from those hooke

bers slings the first night ons = do 8 aa

(DS) Where at? ”

* CANADIAN COUNTY er SWORN APFIDAVI’ ~ PAGE $26

STATEMENT OF GLENN BURTON AKE

A: By Annie Fannie’s Place, it's called the Library. The Library.

You know, at Annie Fannie’s we had the Singapore :- slings. At

the Library we finished up drinking beer.

Q: (DS) What were you paying for all this with?

A: Cash.

Q: (os) Did you you run a tab until you got ready to leave every

where you went?

A: WNope.

Q: (DS) Paid for it each time you had a drink?

Each drink.

(DS) Did you do any drinking at 3 club at the Ramada Inn?

A: Yeah. Singapore .. slings. We

(DS) Do you remember how much your tab was that night?

A: Sure don't. Sure don’t. Everybody in that place knows we was all

drunker than shit, though.

Q: (DS) Did you get into any hassles while you were in there?

A: Nope. None that I can remember anyway. I don’t know when I'm

Grinking whiskey what I do. I black out. And that's what the

point was there in Memphis. I was at the stage I didn't know

where I was at. I don't know how I got there. I don't know how

I got upstairs or nothing. All I knew was STEVE al

drug me

around and took care of me. That's why I like being his company

cause he would always take care of me and get me to the room

instead of getting arrested.

Q: Abs) You and STEVE are brother-in-laws, right?

A: Right. Well, no, not no more.

Q: (DS) But he was married to your sister?

A: Right. They got a divorce.

Q: (GS) When did you leave Memphis?

A: ‘Two days later. Third day we left.

Q: (GS) And how did you leave?

A: Bus. To New Orleans. We rode the bus all the way to New Orleans.

Q: (DS) You said you lost four hundred dollars to hookers there.

A: Taxi cab driver set up a couple of hookers. And they ripped us

off for four hundred, we had the rest of the money stached in the

vent.

Q: (DS) In a vent? What kind of vent?

A: Vent in the room. Air duct. STEVE's good about finding —y

places. And he decided let's hide the money. Just keep out o

debt

Q: (DS) Okay, you had two hookers in the room with you?

A: Yeah.

Q: (DS) How did they rip you off, GLENN?

A: — us something. In our drinks or something. Made us pass

@ tab there and then paid it up.

SWORN APFIDAV.* —

Out of my wallet and out of his wallet

And then we went to New Orles

r hd BEB e

(GS) Where aia you go? =

From there to Homa, New Orleans

(DS) Homa, Louisiana, you mean?

Homa, Louisiana, yeah, excuse me.

(GS) What @id you do in Homa?

Look for a °

mock Bitchin Se SoS Sting Son"ta'C0,007 Tae we cane

JACK THOMPSON ' s show. wh, it was, uh

(DS) Where is the carnival itself located?

Uh, I don’

ane“ to tell you the truth. T didn’t know that much

(DS) You told us earlier....

It's just sexth of New Or]

(D5) You told us

earlier that

cent county ( SWORN AFPTDAL ~

STATEMENT OF GLENN BURTON AKE

No, I never even asked the man's name.

(GS) Do you know what type of occupation he was in?

A: Oil field. off shore. He was a welder. And he got hurt.

And then I went to work for the carnival. Went

out to them. Stayed in a motel. The Fiesta Motel.

mates when they tear it down. So they

(DS) Do you know how he worked for?

Sure don't. He drove a green beat up truck he was in.

(DS) Pickup truck?

No, it was a flat bed. You ay up the door and the door falls off.

— had one hinge holding door —

sell it to him for a hundred. All he had was fifty he said. °

I sold it to him for fifty. It was a hot gun anyway. It was already

@ gun that was in a robbery and committed a crime. Even I know

that ballistics could show a thirty-eight shell through a .357

couldn't tell. I wouldn't take no chances, I sold it to him.

on it, on both sides.

(DS) Okay, then you saw the carnival.

there and hired

(DS) Was this day time, night time?

It was day time.

(DS) You went to work for them righ« then?

Well, went there, „ went to work for them and he told us it

was their last night there, so, told us they wasn't doing no

hiring, he said come back that night if we made good help sloughing.

call it sloughing.

(DS) Sloughing means tearing down.

That's what it means, tearing down, getting ready to move. They said

if we made good hands there they would put us to work. So we wen

out there and worked like to niggers, we were slaves, they put us

on.

(GS) How long did you work for this carnival?

Week, maybe two weeks.

(GS) And where did you live during this time?

On the show, on the grounds itself. In sleeping bags, in trucks,

underneath trucks.

(GS) Where was that located from where the carnival was?

Right on the lot. Right on the lot, right where everything was at.

That's where they sleep.

(GS) Was this carnival stationary while you were working for them?

No, they would move around all the time. I think they moved the

show three days, one spot five days, the last spot was a ten day

spot and we got fired on it.

(DS) Why did you get fired?

Cause I got @runk all the time. They all picked up my

It I ever wanted

habits. They to AXA, A. dy

to come back they would give me a good r if I could get off the

whiskey.

(DS) What dd you do for the carnival?

meeaEX & sa 6 K | a re

STATEMENT OF GLENN BURTON AKE

I was running the double ferris wheel. A big ride man.

(DS) What did STEVE do?

He run the sizzler. It was like the sizgzler. Yeah it was the

sizzler. That's what it was, a sizzler. Same thing as a, just

little thing. They are just those little rides from up to, but

they are for adults.

(GS) Did you do anything else that caused you to be fired?

Yeah, shot off a shotgun shell. Did that on a night when we was

all drunk. Right in the air. Just shot it in the air. We was

all fucked up. We was all drinking Johnny Walker and Canadiay

we drank about, about two gallons between about eight people.

„ — —

You mentioned to us earlier that it was a long barrel gun but it

ain't no more.

No, that's where we sawed it off at. Right there.

(DS) At the carnival?

At the carnical

(DS) When did you saw it off?

One night when we was all drinking.

(DS) Who sawed the gun off?

T aia. | |

(DS) Was it sawed off before you shot it the night you are talking

82 Gat

Yes. — 1 Ur good noise. Everybody came out with their

artillery in to shoot them guns. He came over, we gave,

we had a bunch of twen shells that didn't fit no „ we

him that and told was all the shells. We told 4

t take the cap off and popped them with a hammer. 7

(DS) This show was named Jack Thompson's Shows, did you say?

Right.

Was he there?

Yes.

(DS) Did he fire you right then?

No. He waited until he got some more work out of us then he fired

us.

(DS) When was this?

Oh, about two days later.

(DS) After he fired you what did you do?

Went on down the road. Started hitchhiking and that's when we went

into Texas. Wo we got a bus there because we had the money then,

that he gave us. |

tos) Did you leave that day or did you stay and

We left that day.

S r » % »

(0S) You didn’ stay in Wew Orleans any 1 ger after you got fired?

Nope.

(CS) Wow much money did you have with you at that tine?

Hundred and twenty dollars, between us. We had to buy three tickets

ith it.

(DS) Three tickets? ba t

Yeah.

(DS) Why the third ticket?

That's where we picked up Ginger at?

(GS) Where did you meet Ginger?

I met her at « leundromat. We was sitting there, we weat to buy «

pack of cigarettes and I bowgh some cigarettes. She was standing

at the laundromat door and I was sitting in this car end I thought sh«

looked familiar. Then she came over to the car thet was parked besid:

and talked to somebody else. And she said don’t I know you and I said

yeah, Iknow you too don't I. And she said from Schshoni, Wyoming and

I said yeah. She said I'm Ginger. I seid yeah, I said do you know

who 1 am. She said yeah, you're Skip. I got owt there, I stayed wit!

her. Went to her house. She started being wy girl then.

(End of tape three)

(GS) Ginger was your girl?

She was going to be my girl. She said she wanted to get away from he:

boyfriend down there. I said, “Well, just come on with we." That's

whenever I got fired from the carnival right then because they didn’t

want no girl being with we. Otherwise, I would probably be still

working for thee.

(GS) De you remember her full + ame?

No, I don't. To tell you the truth, I didn't even tesesbet whenever

she seen me at 11 wntil she said it.

(DS) Okey, you said you bought three tickets, three bus tickets.

That Paul's place, Leke Charles.

(DS) Okay.

We got on the bus there. We got a cab. We got on the bus there.

0 You got « cab from where?’

From the sotel.

(DS) You were staying ot « motel at thet time?

Yeah.

(DS) i thought you said eminute ago thet you -- left as soon as you «:

fired. n

Yeoh, well, we got fired at night; best eleven o'clock at might so wr

went to thet stel end steyed the night and that sorning we left.

(DS) I see. Okay, let we ask you « question, Glenn, from the time you

left Enid up to this point, have you sade any phone calls back to

any of your folks or anywhere back here in Oklahoma?

Yes, 1 did.

(DS) Whe 4% you call? .

I called ay parents howse. My sister enewered the phone. I told her

it wee bugged so I only talked to her bent « tente

(DS) When..

She said they're looking for you. 1 said, “That's all I want to know.

Good-bye, 111 talk te you later in another state,: and hung up the

phone.

(DS) When 414 you sake this phone cali?

This wee in -- keep wanting to think it’s Fe. Seith, bet I think it's

in Memphis where I called from and I called right on the way before

we left. Before we got our bus.

(DS) Where 414 you call fron?

From Memphis, I think. Meaphis.

(0S) I mean where et in Memphis? bros the setel?

My sister again.

We rode all the wey

SWORN AFFIDAVIT PAGE # 31

Motel itself, yeah.

(DS) Okay. Did you make any more phone calis?

No. I made one when we left Louisiana from the motel thet

morning. She said the phone ain't bugged. She said they're

looking pretty hard; FRI and ev.cybody's looking for you.

(DS) From when motel? You're talking about the morning you

left New Orleans to go to Lake Charles?

Right. That motel.

(DS) And who did you talk to?

„ “I love you, 1 11 talk to you later.

I*ve got to go. Good-bye.”

(DS) Did you tell her where you were going?

No, I didn’t tell her where I was. I never told nobody et the

house where I was calling from or where I was going because I

Aten t know myself.

(DS) Did you tell them you would be back or —

(DS) Yow dient tell them anything when you talked to then?

Jest told them I loved them and that wes it.

Okay. You on the bus at New Orleans to go to Lake Charles.

What

bus you ride?

Greyhound.

(DS) Tell us about that.

to Nashville.

@ guy about fifty miles before we

lived in Orange County, Texas. Li

town.

(0S) Met him on the bus?

Met him on the bus, yeah. Se wes Grinking whiskey with us on

the bes and he got « little crazy and the bus driver about kicked

him off.

(GS) Whet wae bis same?

In mot good at names, bet I can show — I can see a face,

but I don"t know names wiless I dexl with thes or .crething.

I don t know who he wes still.

(GS) Where did you go with hin?

—

(0S) You said he lived in Orange.

Yes

(0S) ow did you get any farther than Lake Charles, if you just

bewght a ticke to Leke Charles?

No, r mom. She says, “I don’t know what you're

going to do. I don"t know what you're goi to do." That's

all she could say. I said

CANADIAN COUNTY

SWORN AFFIDAVIT PAGE ¢ 32

STATEMENT OF GLENN BURTON AKE

We bought another ticket from Lake Charles to Orange.

(DS) Did you?

Uh-huh. About a fifty mile ride, forty mile ride, something

like that.

(GS) What was the reason for going to Orange?

Because he said he could put us up for the night. Because we

said we were traveling and we had to get back on the roed. We

stayed there two days and then he gave us a ride out of town.

(DS) What did you do when you were there?

Just drink; sit around and bullshit.

(DS) Do you know what he did for a living?

He worked on a shi

(DS) Where at?

Out of New Orleans; somewhere out of New Orleans, some kind

of ship, I don't know what it is. Freighter. He was a captain.

(DS) Do you --

Of the ship.

(DS) Do you know where his house was in Orange?

I could find it, but I don't know where it is.

(DS) You don't know where to tell us re it is?

No, sure don't but there was quite a few rooms in it. I can

barely remember how to get to it myself.

(DS) Why did you decide to leave his place?

Because he wanted us to leave. He give us a ride out of town.

(DS) Where did you go from there?

Up to that place in Texas. By that park.

(DS) Do you remember where this was?

No, I sure don't.

(DS) And and Steve and Ginger all went with him from his

house in Ss car --

Just a little Datsun pickup, yes.

(DS) In his Datsun pickup?

Uh-huh.

(DS) And what was the conversation then the reason you got out?

That we had to leave?

(DS) wo, that you got out of his truck. You said you got out

of the car.

CANADIAN COUNTY SWORN AFFIDAVIT PAGE #33

STATEMENT OF GLENN BURTON AKE

* to a gas station to ost cane thoes Sined ox censthhag. Lennie

Q: (os) Lennie?

A: Lennie.

O: (GS) Where did he let you out?

A: On the side of the road, close to a park, that's all I know.

Q: (GS) Where did you go?

A: Across the street to the park.

CANADIAN COUNTY SWORN AFFIDAVIT PAGE #34

STATEMENT OF GLENN BURTON AKE

CANADIAN COUNTY SWORN AFFIDAVIT PAGE @ 35

STATEMENT OF GLENN BURTON AKE

CANADIAN CGUNTY SWORN AFFIDAVIT IAGE 5 36

STATEMENT OF GLENN BURTON AKE

— — — —— —

er 77 a ö uw ＋

CANADIAN COUNTY SWORN AFFIDAVIT pace @ 37

STATEMENT OF GLENN BURTON AKE

1 A: At a rest stop. Where at, I don't know.

— —

Q: (DS) How far west on I-10 did you go? Q: (GS) About what date --

All the way in to New Mexico. A: But it wasn’t in Texas. I don't know what day it was. I wasn't

(DS) Did you make any stops from the time you left there keeping track of days.

until you got to New Mexico? O: (DS) Do you know what day of the week it was?

A: Gas and stuff, that was it. We went straight through. Texas A: I don't know what day of the week — oh, Friday was payday.

all the way to California. Non-stop.

Q: (GS) How did you pay for your gas? O: (DS) Was it a Friday?

It was Friday, I know that. I am pretty sure it was Friday.

A: Cash. Well, not all the way to Nevada. Might have been a Saturday or Sunday. I don't know for sure

you Texa approximate was “

@: (DS) What time of the day did leave s? what date it on aa

: es ee

A: Evening time. Q: (DS) Okay. After you went — — —

o: (DS) Did you stop and spend the night any where?

A: Wo. Drove all night long. Tired us out. Came that morning,

A: We didn't. We drove on.

. I wake up and I was driving. Q: (GS) Where did you drive on to?

o: (DS) What kind of plates did the car have on it? A: Heading towards Las Vegas. Stayed the might in Las Vegas.

A: Had Texas plates on it. We switched them to Alabama plates. O: (GS) Do you know which motel?

From Alabama plates toc California plates.

* 3 A: No, we gambled all night. The

o: (DS) When did — 51 — weswent on North, towards Reno, but

: en you c e plates? ; , we've never been

— , 1— We was heading on our way to Reno. wo didn't make

A: In Texas shortly -- that night. We left in the evening, about © towards Reno. we cut off over into California. Was getting

seven o'clock at his place and it was about eleven o'clock low on cash again. Headed down south from there; I don't know

before we changed plates. what highway we was on — we was on 357 or something like that

, i don’t know what highway that was and we stopped and I used :

o: (GS) Did you keep the Texas plate? that Gulf credit card one time. We got over to Barstow and

there was no place to use Gulf so we started using that Visa

A: Yeah. No, we threw them away. there and we headed north into California my howetown, and

seen my old house and headed on north. Let's see — we

o: (DS) Whereabouts? stayed in a motel, no, we didn't. We went on north and started

cutting over west to Nevada. We got into Reno. We stayed

the night there in Reno I think. I don't know where

we gambled that the next lost At

it. three 12 5 198

do ae :

(GS) Who were the friends?

The friends -- weren't even home. They were Rosyan and Johnny.

(GS) What's their last name?

„t know. 1 know are not married. lived together

Seven millimeter rifle. l —

SWORN AFFIDAVIT PAGE § 40

A: went back to find the „ couldn't find the gun. The cops

Tike a bat our of hell. I lost them.

Q@: (6s) what were you driving st that time?

A: A 280-2. ’ —————

9 (ps) What kind of plates did you have on it at that time?

A: California.

Qo: (ps) Where did you get them?

A: Stole them off the car that 5 on the road, « Chevy

Station Wagen. Had but

the plates were still good on it. I looked at the plates.

Q: (Ds) what do you mean they were still good?

A: They still had the time left on it before it expired. It ran

through December .

Q: (0S) Okay- You said the cops got efter you. What happened

there?

A; Pardon?

Q: (05) Yow said the cope got after you in Regge. Wat happenst

Ac 1 lost thes. 1 went out of Baggs and went south and lost then.

A high-speed chase. ;

Q: (ps) Can you tell us how you lost then?

Ac We was go straight down the gouth toverée Craig:

Colorado, and I got up to « speed of 35 and left thes

—— — — —

‘Ys

SWORN AFFIDAVIT

—

pace @ 41

SWORN AFFIDAVIT

You were going back towards Baggs at that time?

211216

: 211272

ait

Did you drive up to his house?

we could until the ence ed us. Got

Drove

stuck

—

Got stuck in the snow?

Uh-huh.

QO: (DS) How far from his house?

A: Hundred yards.

—

ae |

SWORN AFFIDAVIT

Tou were arrested and taken to jail there in Craig,

Is thet correct.

Okay

Coloredo.

correct

now long wes that before we came up there?

From that morning to that evening. And we were extradited that

(ps)

night up here.

2 I

Halle

Glenn, is there anything else you want to say to us?

Okay.

Yes, there is.

Out of all this here, I want the death sentence.

~ $3

113

—7

324

Subscribed and sworn to before me, Carol Nichols, a Notary

Public, this 26th day of November, 1979.

BEST AVAILABLE COPY

orrice oF THE ADOFESS 41.4 COMMUNICATIONS

SUPE RINTENOEHT CONC „„ PaTianTs re Te

SUPE RINT ERMOEHT Crviee Yeere

"VR. Mame °OR „9027

ate ENCLOSE 0600

nne rns

rere OF nns EASTERN STATE HOSPITAL

Straatweny o¢ MEnTAL wEautTu VINtITA, OKLAHOMA,

74360

1 April 1960

The Honorable Floyd L. Marti

Judge of the District Cour

~ U

In and For Canadian Co „1 2 S|

El Reno, vklahoma 73016

Dear Judge Martin

Ly et I~ iv OR

Re: AKE, Glen Burton Z —

Your Case Nos. CRF ey 303, 304 & 305

The above-named was admitted to this hospital by your order for a per 10d

of observation not to exceed April 10, 1980, on March 6, 1980

charges are pending.

Criminal

We have coupleted our evaluation of Mr. Ake

staff that he does not have sufficient

aad it is the Opinion of our

and he does not have & rational or ac

ability to consult vith an

attorney

tual understanding of the proceedings

pending against his. Since Canadiar County is not in our catchment

area we would recommend that court

action be taken to have Committed to

Sentral State Hospital et Norman, Oklahoma for care ane treatment

Please remove him fron this hospital at your earliest convenience.

RDG : al

cc: District Attorney,

Canadian County, ElReno, Oklahoms

County Sheriff, Canadian County, ElReno, Oklahoms

7 7

. Abe tt

Tee ener o corer ath ime Crow =e AG of

| eee

| |

jot tendering this witness at this time, but more so to escape }

2 fan *bbrasive break in the continuity of the trial, and for

)S@curity reasons.

| |

‘ THE COURT: 11 right.

; MR. GOERKE: e Goes relate to his present sanity

. ‘But, that's not the purpose we would tender i+

THE Court: Okay. 11 right DO you have ar

TRANSCRIPT OF PROCEEDINGS OF

APPENDIX - 3 PARTIAI MR. BREWER: NO objection to that But, if the ourt

* 5 HIS MOTION FOR

JUNE 23 1976 WHERE PETITIONER WITHDRAWS 10 Pie@ase, at this *ime we will]-.-

= _ SANITY

ISSUE OF PRESENT

JURY TRIAL ON THE 1 THE CouRT Just a moment

‘Judge receives Phone cal!

i Ff MR. BREWIR We ate going to at this time withdraw

four Motion for Sanity Tria) to Determine Present Sanity on and

13 | for the following reasons: One, that he has Just returned from

16 [Vinita The State's doctors have Certified him competent to

17 Stand trial. We still raise the issue of Sanity at the time

L | the Crime was committed, and the POSSiPility of his sanity

19 becoming rational and UNrational from time-to-time, which we

ill infors the Court as this progresses But, we feel as far

2 ‘88 time, and *s far as the time element involved we feel that

2 fat this time the testimony would Primarily be that he was

23 Certified Ancompetent to Stand trial by independent Private

0 Practitioners Sent to Vinita, and while at Vinite certified

* that he now was competent to stand trial We do not at this

| BEST AVAILABLE COPY

ure

APPEND!

INER

NEW

rr.

—

FILED

IN THE DISTRICT COURT OF CANADIAN Courry 2 2A 25 NU

STATI OF OKLAHOMA = ha ‘

THE STATE OF OKLAHOMA

Plaintiff,

—

GLEN BURTON AKE,

Defendant .

— — — 2 2 —

* |

—

MOTION FOR NEW TRIAL

COMES NOW the Defendant, GL®N BURTON AN

and moves the Court vacate, set aside, and hold for naught,

* * rendered herein on the 2c day of

» 1980, in the above styled and numbered

causes, the Defendant being aggreived thereby and to grant

a New Trial for the following reasons which affect materially

and substantially the rights of the said Defendant.

1. Error of law occurring at the trial and en

cepted to by the Defendant.

2. Error committed by the prosecuting attorney

in both his presentation of the case and during closing

argument.

3. Error by the Court in introducing certain

heresay statements.

4. Error committed by the Court in introducing

certain evidence, in the particulars, To-Wit:

5. Introduction of gory pictures of decedent.

6. ErrorQommitted by the Court in not granting

a change of Venue due to the unfavorable publicity which was

caused to be made by the District Attorney's Office.

7. The verdict was not substantiated by sufficient

evidence.

„ The Defendant was under heavy medication

and unable to comprehend the proceedings and was unable to

assist Defense Counsel.

9. Defendant, GLEN BINRTOW AK". was mentally

ill at time of trial and was so stated by Doctors during

trial.

10. GLEN BURTON AKE, was incompetent to stand

trial because the only way to control Defendant was to

heavily sedate Defendant.

GLEN BURTON AKE

CERTIFICATE OF SERVICE —

This is to certify that on this o> day

„ 1980, a true and correct copy of the

and foregoing MOTION FOR NEW TRIAL was sent to BILL JAMES,

ASSISTANT DISTRICT ATTORNEY, CANADIAN COUNTY COURTHOUSE, EL RE",

OXLAROMA, 73036. > ys

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.