-Caveat Lector-

an excerpt from:
Loud and Clear
Lake Headly and William Hoffman�1990
Henry Holt and Company
115 W. 18th St.
New York, NY 10011
ISBN 0-8050-1138-2
272 pps � out-of-print/one edition
--[13]--

13

Robison's Way

I made one of my regular visits on March 1, 1979, to Max and Jim at the
Arizona State Prison. I spent the morning explaining to Max new developments
in the investigation, answering questions about his family, and taking
personal messages to deliver to his wife and children. Every new piece of
information delighted this optimist, raising in his mind hopes that
vindication was near, and I found myself walking a fine line of trying not to
temper his enthusiasm-which, kept him going-while reminding him that courts
weren't usually known for their speed.

As had been true for some weeks, I looked forward more to the afternoon
discussion with Jim Robison, who I knew possessed more information than he'd
told me. He had, after all, been very close to John Adamson. I sensed from
the first time we met that I would have to invest a lot of trust-building
time in this man before he opened up to me. Well, more than three months of
cultivating that trust had been time enough. Sitting in the cemetery that
day, munching a sandwich from my brown bag lunch, I had decided to confront
Robison, tell him I needed to be steered in a direction. But when I faced him
in that tiny interview room, I found out he'd made the decision to steer
himself.

"Lake," he said when we sat down, "I've decided to take control of my life. I
feel the appeal is hopeless, and they're gonna execute me. It will be a long
time coming, but it will happen. So, I'm gonna take the time I have left and
compress it. Make it shorter. Lessen this torture."

Robison didn't want me to interrupt. It was his play, so I didn't say a word.

Steady, serious, determined, but most of all relieved that he had made a
decision he felt capable of carrying through, he got right to the point.

"I've decided to starve myself to death," he said matter-of-factly. "I got
the idea from that IRA guy Bobby Sands. I've been in my program two weeks
already. No solid food. Nothing that will sustain life. I figure I can last
another seventy-five to ninety days. It's indicative of the disregard they
have for us here: no one's made anything of my not having eaten for fourteen
days."

"Why are you doing this, Jim?"

"First, I want to know that you won't interfere. In fact, I'm going to ask
your help."

"It's your business. You tell me your life is unacceptable. Who am I to say
you're wrong? But will you explain why?"

"Yes. It's to take control of my life in the only way left open to me. If I
slash my wrists or try to hang myself; they'll probably catch me before I
succeed and stop me from trying again. All I'd accomplish would be to hurt
myself. Funny, huh? They'd save my life to take it away at their convenience.
My way I have some time left, but not much. I want you to tape record what I
think. I don't want my thoughts lost forever. To help somebody else would be
fine-so much the better if that results. But believe me, Lake, I'm doing this
mostly for me. This is a miserable existence, as you can see, and you're
probably tired of hearing me complain. My way is better than theirs. I've
told you time and again, the judge didn't mention torture in my sentence, and
that's what this is."

I didn't doubt his sincerity, and sensed steel behind the softspoken words.

Nor did I argue. He had answers to anything I could say. Jim considered me a
hopelessly misguided romantic, thinking I could beat the system.

"What do you want me to do?" I asked.

"When they bother to notice, they'll try to force-feed me. I want you to stop
them."

"How can I do that?"

"Put up a fight. Get a court order."

"I'll try," I said, and stopped before adding that I didn't think it would
work.

"I'm concerned about Max," Robison said. "What I do with my life is my
business, but I have no right to hurt him. There are things I've figured out,
other things that I know, and I need to share them with you."

I'd been waiting for this moment for Robison to point me in a direction, and
it didn't surprise me that he did it more for Max Dunlap than for himself.

"Remember this name: Ralph Clark. He runs a bar near downtown Phoenix. He's a
friend of mine. Find Clark. Tell him who you are. Say I sent you."

I lotted the name down and waited.

"This filthy hole isn't a good place for thinking," Robison continued, "but I
haven't had anything else to do. It's clear to me how they managed to put Max
and me here. Don't forget, the Arizona legislature set a precedent when it
appropriated one hundred thousand dollars to investigate Don Bolles's murder.
Those legislators wanted to see results. And there was all that pressure,
from the media and the public, to solve the case quickly. The police had John
Adamson, and when Neal Roberts came along with his theory, Jon Sellers
grabbed it hook, line, and sinker. Not because he bought Roberts's story,
since Sellers had to know this homicide led to some very high places that he
was better off not searching. Christ, look at what you've discovered just
from reading the police's own investigation."

I agreed. Even extreme incompetence couldn't explain interviewing Bradley
Funk for less than one minute. Or granting immunity to Neal Roberts, Mr. Loud
and Clear. Or three stolen vehicles on the day of the murder. Or so many
other things overlooked, all red flags that would have alerted the most
dumbwitted investigator to the fact that he was walking the wrong road.

"Sellers," Robison said, "orchestrated Roberts's theory. Remember, Roberts
didn't name me. He fingered Dunlap, Kemper Marley, and somebody named Jimmy.
That Jimmy, I think, was Jimmy Frattiano, but he could hardly say that, could
he? I got plugged into the killing because I knew Adamson."

"Also they were pretty sure you wouldn't have an alibi," I said Innocuously,
to keep him talking.

"Right. But I had an alibi. They just ran roughshod over it. Anyway, they
plugged me in, hoping for corroboration of Adamson, and corroboration is a
strange aspect of the law. Because of the Adamson Act, his testimony was
sufficient to convict Max and me, but not Kemper Marley. If he said Max or me
told him that Kemper Marley told us to kill Bolles, that's hearsay. To
convict Marley, they needed Max or me to corroborate Adamson. We wouldn't
tell that lie for them."

"How many times were you offered a deal?"

"Dozens. My attorney told the jury about them. Getting me here didn't end the
offers. I was told I could walk off death row in a heartbeat if I'd
corroborate Adamson. They said: 'Be smart. Look at the deal Adamson got.
We'll give you the same thing, only better. We realize you're older than
Adamson, and twenty years might not seem too attractive to you. But when this
blows over, we're sure even the twenty years could be. negotiated.'

"You blame Sellers the most for this?"

"Hell no. Sellers only does what his instincts say are expected of him."

"But you just said that Sellers orchestrated Roberts's theory."

"That's what I think. But I don't know. Anyway, it doesn't matter. I believe
Sellers has good instincts, except when it comes to understanding people like
Max and me. See, Jon Sellers had worked twenty years with snitches and
criminals, slime like John Adamson, and he naturally assumed smart Mr.
Robison and frightened Mr. Dunlap wouldn't take the pressure of prison;
they'd fold up and grab any deal offered. Hell, hardened criminals crack,
Robison and Dunlap should be easy. Lake, the prosecution had run out of
alternatives. They told Bruce Babbitt and the press, 'This deal with Adamson
is going to work; we'll get Marley and clear this whole thing up.' But their
plan collapsed because Max and I refused to lie for them. Still, they have to
keep trying. They've got almost three years and a lot of taxpayer money
invested in this, and it's not possible for them to admit to the public,
'Hey, we were wrong all along.' Christ, no cop or prosecutor would do that."

"You told me on an earlier visit that you didn't think they wanted to execute
you. But that's changed? Now they want to do it?

"Right. There's no statute of limitations on murder. The only way the
prosecution can claim the Bolles murder has been cleared up is for Max and me
to lie, which we won't do, or for us to die. Then they can say, 'Well, Marley
was the brains, we know it, we solved the case, but there's nothing we can do
to get Marley.'"

"Don't you think your suicide will play into the prosecution's hands?"

"Goddammit!" Robison flared, "you don't understand. Max and I will never lie,
so the only people suffering through this are us. And Kemper Marley, who
can't be safe from a murder charge until we're gone. Now, I respect Max's
right to do what he wants, but I'm going to follow my own lights. Another
thing: I don't want you ever calling this a suicide. I don't consider it
suicide. I think we all begin to die the moment we're born. What I'm doing is
compressing the time I have left because the reality of existence is worse
than dying. My home for twenty-four hours a day is a windowless,
vermin-infested latrine."

Much as I wanted to throw Robison a lifeline, I respected his wishes and
didn't try. He was an adult, intelligent and thoughtful, and- I believed his
life was his own to do with as he wanted. However, since he'd requested my
assistance, I asked him to put into writing his exact intentions. What ensued
is the following statement:

This is March first, approximately 2:00. My name is James Robison and the
statements I will be making are strictly my own and had no influence from
anyone else. I've come to the decisions and the planning that I intend to
carry out strictly on my own, and I have developed and devised a plan that
can be best entitled Operation Termination, or anything along those lines.

What I intend to do and fully intend to carry out is stop the intake of food
until such time as my life-support systems fail. I am of sound body and of
sound mind. I'm not some kind of a nut. I'm doing this with total purpose. I
am not considering this as suicide, because to me suicide is a stupid
senseless act and has no purpose except to the perpetrator.

What basically I'm doing is that rather than live like an animal in a
subhuman environment such as I am in at this time, I choose to take what time
is left to me here on Earth and compress it into a smaller time for me. My
purposes for doing this are many.

First, benefit to myself, naturally, because it will put me beyond the reach
of the people that have subjugated me to this type of treatment.... To my
best calculations, this plan should culminate in a period of seventy-five to
ninety-five days. Today's the fourteenth day that I have not had a bit of
food, and it's a sad commentary, also, on the system, that no one in the
system is even aware of this. But, as my physical condition deteriorates, it
will be something that somewhere down the road the establishment will have to
recognize.

The only one qualified to argue whether I'm doing right or wrong, I feel, is
myself, because without going through what I've gone through and seeing what
I've seen and coming to the conclusions that I've come to, there's absolutely
no one on Earth qualified to argue the right of what I'm doing or my right to
do it. I cannot anticipate what interference might be placed in the way of my
plan, but the basic plan is something that I fully intend, 100%, to carry
through to termination.... Because the plan is mine and I will implement it,
I've chosen Lake Headley to represent me as far as anyone or any statements
that I might make in regard to the information that I have. I will not talk
to any newspaper people, any media people, or anyone else without first
talking to Lake and ... discussing it and getting his advice on who I should
talk to or if I should talk to anyone else. At first, I don't expect anyone
to really take me too serious, but as I approach the termination date and
approach a demise, I fully expect or anticipate that I will be taken
seriously before I'm finished.

When I rose to leave that afternoon, Robison said, "I'm carrying this all the
way. I'd never throw a saddle on this horse if I didn't intend to ride it to
the end."

What Robison embarked on didn't change the purpose of my job: obtaining
justice for him and Max. Nor had the means of achieving that goal changed
-informing the public about the facts of the case.

The prosecution's version of events had gone unchallenged too long.

Playboy's Bill Helmer came to Arizona. Together with David Derickson,
Robison's attorney, I arranged to get Helmer into the prison for an
interview, not an easy feat.

I also contacted Molly Ivins, the Denver, Colorado, bureau chief of The New
York Times. Molly said she'd be happy to come down to Arizona and study the
evidence.

I was delighted, too, to learn at a meeting with Dunlap Committee members
that they had contacted Mike Wallace of "60 Minutes." Wallace had expressed
interest in coming to Phoenix to look over what we'd discovered.

Playboy. The New York Times. "60 Minutes." With these names rolling across
Carolyn Robinson's desk at the Arizona State Prison, I confidently hoped that
from there they'd gain the attention of everyone in the Arizona
establishment. I wanted to make this cliquish crowd uncomfortable enough to
question the value of their coverup in the Bolles murder.

Robison had told me to look up a bar owner named Ralph Clark, but before I
could carry through with that lead, I got diverted onto the trail of a person
who would become the prime witness in our investigation.

pps. 133-140
--[cont]--
Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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