Trials of Walter Ogrod: The Shocking Murder, So-Called Confessions, and Notorious Snitch That Sent a Man to Death Row
336
Trials of Walter Ogrod: The Shocking Murder, So-Called Confessions, and Notorious Snitch That Sent a Man to Death Row
336eBook
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Overview
Ogrod bears no resemblance to the composite police sketch based on eyewitness accounts of the man carrying the box, and there is no physical evidence linking him to the crime. His conviction was based solely on a confession he signed after thirty-six hours without sleep. "They said I could go home if I signed it," Ogrod told his brother from the jailhouse. The case was so weak that the jury voted unanimously to acquit him, but at the last second—in a dramatic courtroom declaration—one juror changed his mind. As he waited for a retrial, Ogrod's fate was sealed when a notorious jailhouse snitch was planted in his cell block and supplied the prosecution with a second supposed confession. As a result, Walter Ogrod sits on death row for the murder today.
Informed by police records, court transcripts, interviews, letters, journals, and more, award-winning journalist Thomas Lowenstein leads readers through the facts of the infamous Horn murder case in compelling, compassionate, and riveting fashion. He reveals explosive new evidence that points to a condemned man's innocence and exposes a larger underlying pattern of prosecutorial misconduct in Philadelphia.
Product Details
| ISBN-13: | 9781613738047 |
|---|---|
| Publisher: | Chicago Review Press, Incorporated |
| Publication date: | 04/01/2017 |
| Sold by: | Barnes & Noble |
| Format: | eBook |
| Pages: | 336 |
| File size: | 3 MB |
About the Author
Read an Excerpt
The Trials of Walter Ogrod
The Shocking Murder, So-Called Confessions, and Notorious Snitch that Sent a Man to Death Row
By Thomas Lowenstein
Chicago Review Press Incorporated
Copyright © 2017 Thomas LowensteinAll rights reserved.
ISBN: 978-1-61373-804-7
CHAPTER 1
BARBARA JEAN
Barbara Jean Horn woke up on the morning of July 12, 1988, on a mattress on her living room floor next to her parents, Sharon and John Fahy. The living room was the only room in the house with an air conditioner, so they all slept there; the day before, the temperature had reached one hundred degrees, and though today wasn't supposed to be quite as bad, it was already hot.
Sharon and John had rented their small row house in a neighborhood of similar small row houses the previous fall. Authors Michael and Randi Boyette describe these houses as a "Philadelphia institution ... endless monotonous ranks of tiny working-class homes, jammed shoulder-to-shoulder like people crowded on a bus, with flat tar roofs and postage-stamp yards (or none at all). ... In blocks little more than 500 feet long and 150 wide — less than two football fields — builders managed to pack as many as sixty tiny houses. ... Things such as front and back yards and streets wide enough for two cars to pass one another were a luxury that few could afford."
The Fahys' house, 7245 Rutland Street, had a pink awning and a few square feet of yard, separated from the sidewalk by a hedge. Other than that, it was exactly like the houses around it: three bedrooms upstairs, a living room that opened to the dining room and a kitchen on the ground floor, and a basement, all crammed into eleven hundred square feet. Four-year-old Barbara Jean had two of the bedrooms — one for sleeping, one to play in, with a full toy kitchen set up. The walls were thin, the doors flimsy; if anyone in adjoining houses talked too loudly, walked with heavy steps up the stairs, or flushed the toilet, you could hear it all.
The Fahys thought the house was perfect for their small family. Sharon, who had brown hair, a quick mind, and a deep laugh, worked at a customs brokerage firm downtown and liked to get to work by 8:00; that morning she got ready for work, kissed John and Barbara Jean, and left the house at 7:00 AM, walking up quiet Rutland Street in the cloudy, humid morning to catch her bus.
John had been unemployed since January and stayed home to take care of Barbara Jean, who was quiet for another hour and a half, waiting for him to wake. At about 8:30 AM, she turned on the TV and started jumping up and down on him. He dressed in a maroon sleeveless T-shirt and cutoff jeans and picked out Barbara Jean's clothes so she could dress herself: pink shorts and a pullover top with pink, yellow, and green pastel stripes. She wore earrings with yellow stones. John put her hair in a ponytail.
John was slim and strong, a former marine with light brown hair and tattoos all over his arms. He ate Lucky Charms and watched TV with Barbara Jean; as a stay-at-home dad, he had chores to do and knew Sharon would be calling to check on him, which she did at about 9:00 AM. Between 10:00 and 10:30 AM, as John watched TV and did chores, Barbara Jean went down the block to her friend Nicole's house. Nicole was nine years old and liked to brush and braid Barbara Jean's hair. Nicole's grandfather, an off-duty police officer, was putting up a new porch, and Barbara Jean watched the workers for a few minutes, maybe hoping for Nicole to come out, before going home.
When Sharon called again at about 11:00AM, Barbara Jean got on the line.
"Where are you, Mommy?" she asked.
Sharon said she was at work and would be home a little later.
"Can I have a freeze pop?" Barbara Jean asked.
"After lunch," Sharon told her.
"Bye!" Barbara Jean said. She handed the phone to John and ran to the front door.
"Hi Charlie!" she called through the screen to her best friend, six-year-old Charlie Green, across the street.
At lunchtime John and Barbara Jean walked a couple of blocks to Yang's grocery to pick up milk, cigarettes, and rolls for supper. There wasn't anybody around. Back home, John made Barbara Jean a tuna sandwich and poured her a glass of milk, and they watched TV in the air conditioning. Barbara Jean went outside to look for someone to play with and after a few minutes was home again. She tried to get John to play, but he had too much to do and sent her to watch television upstairs.
Over the course of the afternoon, Barbara Jean looked for other kids without any luck; she'd try John again but he was busy, so she'd go upstairs or play on their lawn, where John had set up a kiddie pool. At 1:00 or 1:30PM she went down the block to Nicole's house again and stood at the edge of the lawn, picking at the grass. When Nicole's mom, Margaret, came out, Barbara Jean walked away without saying anything.
She went home and played by herself in the front yard. She wasn't supposed to cross Rutland Street without John's permission, but at around 2:00 PM she knocked on Charlie's door; Charlie's mother told her he wasn't home. She also knocked on Casey and Shannon's door a few houses south, but their mom, Kathleen, told her they were having quiet time. She went home.
At about 3:00 PM, after more reminder calls from Sharon, John got started on his main chore of the day, cleaning out the fridge. Barbara Jean asked if she could help, but John thought she'd be in the way, so he told her to go outside and play. She took her sandals off and went outside. She had her bucket of toys. It was hot and quiet. She played by herself; maybe she splashed in the kiddie pool.
John liked to listen to TV as he worked, so he turned the TV in the living room to a soap opera his mother had watched when he was a kid, put the sound up loud so he could hear it in the kitchen, and got to work.
* * *
Half a block away, Nicole's mother, Margaret, was sitting on her porch, rocking her new baby, when she saw Barbara Jean across the street — on Charlie Green's side of Rutland Street — being led by a man in a navy blue T-shirt and work pants with a funny, side-to-side, kind of bouncy walk. Barbara Jean's ponytail was bobbing; she seemed maybe scared or excited. The man had her by the elbow and turned toward her once, as if saying something, but was too far away for Margaret to see his face.
"Oh," Margaret thought, "that's nice. She's so bored her daddy's gonna take her to the mall." She looked down at her infant son for a moment, and when she looked up Barbara Jean and the man were gone. Margaret figured they'd turned left into the little alley up by the bank at the north end of Rutland.
* * *
At around 4:00 PM John heard Oprah coming on as he restocked the now-clean fridge. He realized he hadn't seen Barbara Jean in a while and went to call for her. He saw her sandals by the front door and called for her from the front steps, looking up and down Rutland Street. Nothing. He went back to restocking the fridge, but when he finished she still wasn't home so he went to the front yard. Just outside the hedge separating their lawn from the sidewalk he saw some of her toys — plastic cars, plastic people, a plastic duck. John felt the first strains of panic: she never walked away from her toys like that.
Her friend Anthony's father was outside but hadn't seen her. He offered to help knock on doors. Barbara Jean never went in anyone's house, never even crossed tiny Rutland Street without asking permission, John thought. Then, suddenly: maybe she was upstairs; maybe she'd come in and gone up to play with her Barbies and he didn't hear her. He was up the stoop in two strides and up the stairs in three more, but she wasn't there.
He went outside and called her name, then crossed the street and knocked on little Charlie's door. Charlie's mother, LindaGreen, said that Barbara Jean had been by earlier looking for Charlie but he was at the rec center swimming. She'd seen Barbara Jean playing by herself on John's front lawn at around 2:00 PM but hadn't seen her since.
John called Barbara Jean's friend Meghan's mother; Barbara Jean had been by there earlier, too, but she hadn't seen her since.
A few houses south, on little Charlie's side of the street, Kathleen Ritterson, eight months pregnant and wearing a back brace from a fall at work, was napping on her couch. Her daughters, Barbara Jean's friends Casey and Shannon, woke her up and told her Barbara Jean's daddy was at the door. He asked if Barbara Jean was there; Kathleen told him no and asked if he'd checked at the Greens'. He said he had, and a couple of other places, too.
Kathleen knew John was usually attentive to where Barbara Jean was, so it must've been terrifying for him to have no idea. She told him to wait a minute, that she'd get dressed and help him look. They decided to search around the block in opposite directions. Kathleen went slowly, given her pregnancy, back brace, and the two little girls she had with her. As she finished her route she saw John, even more agitated than before, going up and down the block, knocking on doors. Kids were helping him.
John searched the neighborhood, up to busy Cottman Avenue, into stores; he asked a salesman in a bedding store if he'd seen Barbara Jean. No luck. He went back to his stoop and sat and hoped she'd just come home. But she was nowhere. Barbara Jean was nowhere. It was 4:55 PM. He had to call Sharon.
Sharon was chatting with a friend when her desk phone rang.
"You gotta come home," John said. "I can't find Barbara Jean."
"What do you mean?" Sharon asked. "Where was she?"
"She was out playing."
"Who was she playing with?"
"I don't know."
"What were you doing?"
"I was cleaning the fridge," John said.
"Well, did you check at Meghan's? Did you —"
"Sharon, just come home," John said.
Sharon was supposed to work late to earn some overtime and then meet up with her sister, Barb, after whom Barbara Jean was named. She called Barb to say she couldn't make it, she had to get home, Barbara Jean was missing. Barb lived nearby and said she'd go help John look.
Sharon left her office to catch the bus, thinking of what she'd say to Barbara Jean, who she was sure would be home by the time she got back.
* * *
At 5:30 PM, inside 1409 St. Vincent, a block and a half southwest of Barbara Jean's house, Stanley Zablocky's wife looked out the front door and told her husband someone had left a box in front of the house. Mr. Zablocky decided he'd better see what it was before he took his bath. His wife stood in the doorway and watched as he walked to the curb and lifted a flap on the box.
"Oh my God!" he yelled. "Call 911! There's a baby in the box!"
A neighbor who heard Zablocky yelling came over, pulled up a flap, and saw a small child lying facedown in a fetal position with a trickle of blood coming from her mouth. He started running back to his own house to call the police. At that moment a squad car came into the next intersection, Loretto Avenue and St. Vincent Street, so Mr. Zablocky and his neighbor flagged the officer down and told him there was a baby in the box. The officer looked in and saw the child, partially covered by a green plastic trash bag, with dried blood on the back of the head and bruises on the neck and shoulder. The child's hair was wet and pushed forward, so he thought it was a boy. He felt the neck for a pulse but couldn't find one. He radioed a supervisor, requested that homicide be notified, and helped cordon off St. Vincent Street. Officers stood watch over the crime scene, waiting for the mobile crime lab and homicide detectives to arrive.
John Fahy got home from another search at about 5:45 PM and stood on his front stoop, looking up and down the block, terrified, wondering what the hell to do next.
Half a block north, in the parking lot of the AM/PM mini-mart at the corner of Castor and Cottman, Sharon's sister Barb was standing next to her car, crying hysterically, looking up and down Castor. She'd been driving around the neighborhood for half an hour, searching, and had no idea what else to do.
A police van that had just been at the crime scene on St. Vincent Street pulled into the lot, and one of the officers asked Barb what was wrong. She told him her niece had been missing since 3:00 PM. He thought the missing little girl and the child in the box were probably the same person and relayed a description of Barbara Jean to the police at the scene, but officers on St. Vincent still thought the child in the box was a boy. The officer decided to go with Barb to her niece's house to get pictures. They left the AM/PM parking lot and drove slowly the wrong way down Rutland Street, half a block to John and Sharon's house.
When John saw Barb and the police van coming down the street the wrong way, he knew he'd fucked up. As he went inside the house he punched the door, breaking a pane of glass.
Sharon got off the bus at about ten minutes to six and walked the couple of blocks home, still considering what to say to Barbara Jean, who she was sure would be there by then. She came around the corner and saw the police van in front of her house and walked faster. When she got inside John was there with Barb and a few police officers.
"I don't know where she is," John told her. "I checked everywhere, I don't know where she is."
An officer asked for a picture of Barbara Jean, but all Sharon could do was stare out the back window in the dining room, trying to figure out where her daughter could be. Two officers filling out forms asked for a description. They said again that they needed a picture, so Sharon went upstairs and got them two.
Outside, the street was filling with people talking about what had happened, repeating rumors, trading guesses.
* * *
The mobile crime lab and homicide detectives Maureen (Royds) Kelly and Frank Miller arrived at the St. Vincent Street crime scene at 6:45 PM. The child in the box, a girl, was formally pronounced dead at the scene at 6:52PM. She was three and a half feet tall, forty-three pounds, naked, wrapped in a garbage bag. She had five blunt trauma injuries caused by what the medical examiner would guess was a two-by-four plank of lumber, something lighter than a baseball bat or tire iron. She had four lacerations on her scalp, two to the back and two to the left side of her head, and a bruise on her left shoulder. There was no sign of sexual abuse, and swabs taken of her mouth, anus, and vagina showed no sperm. She had no old injuries except a scabbed-over scrape on her right knee, suggesting she hadn't been an abused child.
Detective Kelly was sure this was the missing little girl whose frantic aunt had talked to police up at the mini-mart. It was time to talk to the parents.
Kelly and Miller went over to the Fahys and found John and Sharon at their dining room table, looking through pictures of Barbara Jean, trying to find a good one for the police to use. Kelly took Sharon to the living room and sat her on the sofa with Barb and Barb's husband, who had recently arrived. Miller took John into the kitchen.
Kelly told Sharon a child had been found in a TV box a few blocks away. She wasn't sure it was Barbara Jean but said they would find out as fast as they could.
In the kitchen Miller said, "We found her, she's dead, and you did it," and pounded his finger in John's chest.
Sharon heard John scream.
"You're out of your fucking mind," John told Miller. He couldn't believe Barbara Jean was dead, his mind was in chaos, she couldn't be dead, they couldn't be accusing him, it was all nuts. Nuts.
CHAPTER 2JOHN AND SHARON
John and Sharon met in the spring of 1983 at the Wanamaker's department store where they both worked — Sharon pricing merchandise, John unloading trucks. Sharon was twenty-one, the youngest of nine siblings (including a twin brother) in a close family from Oxford Circle, not far from Rutland Street. Her father left when she was twelve or thirteen, and she grew even closer with her mother and siblings. Some of her sisters wanted to go to college, but without their father around there wasn't enough money. Sharon never wanted to go to college. She wanted to get married and have kids, so when she graduated high school she got a job.
John was also one of nine children (second youngest) from Northeast Philadelphia; he'd joined the marines out of high school and served for three years, mostly driving trucks. He was twenty-two when he met Sharon. She was dating someone at the time, but John knew when he saw her that she was for him. He cultivated a friendship, taking lunch breaks with her and a couple other friends, hanging out with her when he could.
(Continues...)
Excerpted from The Trials of Walter Ogrod by Thomas Lowenstein. Copyright © 2017 Thomas Lowenstein. Excerpted by permission of Chicago Review Press Incorporated.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
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Table of Contents
Contents
Author's Note,Part I: Murder,
1 Barbara Jean,
2 John and Sharon,
3 Investigation,
4 Aftermath,
5 Detective Perfect,
6 Walt,
7 Greg and Maureen,
8 Interrogation,
9 Loose Ends,
Part II: Like TV Stuff,
10 "Off",
11 Reliving It All Over Again,
12 Findings of Fact,
13 Like TV Stuff,
14 Reasonable Doubt,
15 "Look at the Devil",
Part III: A Convoluted Thing,
16 The Monsignor,
17 "The Deadliest DA",
18 A Big, Goofy Guy,
19 The Monsignor's Apprentice,
20 Up to Something,
21 A New Version of Events,
22 Building in Error,
23 Maybe I Cry Every Time,
24 Mr. Banachowski,
25 Verdict,
26 Penalty,
27 Innocence,
28 A Little Scared,
Acknowledgments,
Notes,