Articles from 2004 Issues
by Nicholas DeSutter
Don Hale’s controversial bestseller, Town Without Pity: The Fight to Clear Stephen Downing of the Bakewell Murder, is the story of one man’s tireless and courageous fight against powerful local interests that eventually forced authorities to admit that they were punishing the wrong man. Hale’s book was short-listed for the British Crime Writers’ Association Gold Dagger award for non-fiction. In June 2002, he was nominated for an OBE – Officer of the Order of the British Empire - by Prime Minister Tony Blair in the Queen’s Birthday Honours List, and received the award from Prince Charles. Other awards for his work included: Journalist of the Year 2000, Observer Man of the Year 2000, Campaign of the Year 2001 and winner of the rarely considered International Freedom of the Press award (nominated by British and American editors) in 2001, and presented in London by Prime Minister Blair.
True Crime Guest of Honor Don Hale spent eight years of his life working to free a man wrongly accused of murder. During the investigation, Mr. Hale’s life was threatened several times and numerous anonymous harassment calls were made to his work place and home. Once Hale had gained freedom for Stephen Downing, he investigated nine more miscarriages of justice cases with a success rate of 100%. He has written five books, received fifteen journalism awards, and as been a key instigator in changing the British judicial system. Recently I had a chance to ask Mr. Hale a few questions for Pomp and Circumstantial Evidence.
Q: The original title of Town Without Pity was In Denial of Murder. Why was this name changed and what influence did your publisher have on this change? Do you prefer In Denial of Murder?
A: I preferred my original working title of In Denial of Murder. This was the official government name offered as a reason for keeping people like Stephen Downing locked away forever. I fought the case on a human rights issue at first on this IDOM ruling because I was disgusted that anyone simply in denial of any offence, and particularly murder, would be prevented from presenting their case personally to the Parole Board.
I helped take the case to the European Court of Human Rights in Strasbourg. We won but the British government appealed. Finally, after three and a half years they conceded and it registered a major landmark legal ruling. It was also adopted into European and British Law. I had little say in the contract about the title change. They felt Town Without Pity was more appropriate considering many people in Bakewell (the town where the murder had taken place), could and perhaps should have done something about Downing’s conviction. This title caused me more problems than the inquiry.
Q: After years of working to free wrongly accused prisoners, what changes have you seen in the British legal system? Do you think that the legal system is trying to make necessary improvements to speed up appeal proceedings?
A: I have seen several changes in the British Judicial system. My own small contribution of changing the human rights aspect has helped many others and allowed nine other long term lifers to have their cases reviewed and eventually overturned. I have been consulted by the government over several other key issues and my input was considered by Parliamentary committees. I am trying to make the Home Office provide counseling and support assistance for people who have had their convictions quashed. At present only convicted criminals who have admitted their guilt receive financial and counseling services. The same facilities should be available to people freed after appeal. During my investigations, the government C3 unit (governmental agency in charge of miscarriages) was scrapped and updated by the Criminal Cases Review Commission which specifically re-examines alleged miscarriage of cases. This has improved reviews but there is an inevitable waiting list of about 18 months before confirmation is given that cases will be investigated.
Q: What changes could the legal system still make to bring about more timely and accurate proceedings?
A: Ideally, there needs to be some sort of funding and expert assistance available for prisoners and their families in preparation for appeals. It is a time consuming and costly business which demands a professional approach. Most people do not have any idea where to start, or find out what’s required to start on the bottom rung of the ladder.
Q: In small towns such as Bakewell it seems as though the community sometimes behaves passively on injustices or, indeed, any event that may cause conflict. Why do you think small isolated communities react in this manner?
A: It is always very strange living and working in these small isolated communities where often they have very fixed views on serious matters. Many have old-fashioned ideals, whereby if someone has been duly convicted in court, then they must be guilty. It is only if, or when, something affects their own way of life that they finally begin to change their opinions. Many have unorthodox views on justice, police attitudes and practices. Unless you were born and bred in these areas, you are always looked upon with suspicion as a constant stranger.
Q: At one point in Town Without Pity you mention becoming "obsessed" with freeing Stephen Downing. How did you keep your mind objective and clear?
A: It is always a difficult balancing act. You have to consider the dangers, threats, general work-load and weigh them against your own family life. People have no idea of the physical and emotional commitment involved in potential miscarriages. I had to remain focused but needed the support of family and friends. I also needed to create sporting activities to relieve the pressure.
Q: Undoubtedly your fight to clear Stephen Downing affected your family. What has your family learned from your fight?
A: A very difficult question. Again, it’s hard to develop an accurate strategy that suits all parties. The support was there, but at what cost? It brought threats, fears and extra responsibilities home. It made us more wary of unexpected callers and outside influences. I tended to keep much of the dangerous aspects of my inquiries away from my wife and family and you hope that your actions do not put your loved ones at risk.
Q: The début of the TV drama In Denial of Murder ran on the BBC this February. What were your initial reactions?
A: Excitement at the first showing, coupled with bitter disappointment that some of the most important aspects of my investigations had not been included in the final edit, and then relief.
It brought home again some of the incredible actions needed to gain Stephen Downing freedom; the luck of escaping from crazed quarry drivers; hit and run drivers and death threats. The case was also an emotional roller-coaster and many difficult sections had been long forgotten until dramatized. It also included the loss of my parents and coping with the trauma of that. It was also very strange having a TV star playing my role, and those of my family and work colleagues.
Q: In Town Without Pity there were characters such as "Mr. Red" and "Mr. Orange". What obstacles did this create when turning the book into a TV drama?
A: Not quite as much as I first envisioned. Because of time restraints and editing, some were left out altogether, and others were given false names instead of colors. It was easier for TV rather than my book. And many of the facts had already been debated in public.
Q: How much legal vetting was required during the developmental stages of In Denial of Murder?
A: Very heavy legal vetting by Hat Trick Productions and the BBC. The case is still a hot potato and if in doubt, the BBC had left it out. They were ultra-nervous about filming a sensitive and controversial case in a sensitive area.
Q: What projects are you currently working on?
A: There are quite a few projects in progress. I’m completing the final edit for Mallard, my book about Sir Nigel Gresley winning the world steam train record. It is a drama about his spying missions to France, America and Nazi Germany in the late 1930s. I’ve completed all the preparatory work for a book on Buster Crabb; and I’m awaiting confirmation of a possible commission. In addition, my first novel The Wrong Body has been accepted, and I have also sold the film rights to an American outfit run by Patricia Heaton of "Everybody Loves Raymond" fame.
I have spent twelve months on research for the Crabb story and should hear very soon about publication prospects. The Wrong Body is based on a true story, but names, locations, etc. have been changed to North Wales.
Q: How often do you communicate with Stephen Downing these days?
A: I have not spoken to him for a while and especially since moving to Wales. We communicate by email, or via his mother who phones me quite regularly. It is not a close relationship and we have been moving in different directions for some time.
Q: How is he occupying his "free" time?
A: With great difficulty. He is finding life hard to cope with after 27 years in prison, and is still on a fast learning curve. It’s been almost impossible for him to find work; he is slightly lazy and unconventional.
Although he received a large deposit against his compensation, he’s spent it all, and is still awaiting confirmation of his final pay out. He walks around Bakewell and the local community, often with a camera for landscape pictures for possible commercial sales to tourists.
Q: How are you and your family spending free time?
A: What free time? We moved to North Wales last October, where we bought an old 1920-built house and have had builders and workmen here ever since helping with the renovation. We have completed phases one and two, and are nearly ready for three and four. We have upgraded to double glazing, fitted bedroom units, added a conservatory, etc., but still have the bathrooms to upgrade. I’ve been out running and cycling, walking the dogs, and am looking forward to the summer for more leisure activities. I always seem to be chasing the next book and commission! N
(Magna intern Nicholas DeSutter is a student at Ball State University. He is a sophomore majoring in Business Entrepreneurship.)
A Mystery Fan's Decade of Reminiscences
by Phil Momberg
While vacationing in Hueston Woods State Park near Miami University in the summer of ‘94, I happened upon a used bookstore in Oxford, Ohio. There I discovered a first edition of The Seventh Station, A Father Dowling mystery, by Ralph McInerny. The proprietor suggested I call Grave Matters Books in Cincinnati to find more books by McInerny.
A couple of days later I found myself in John and Alice Ann’s (that’s John Leininger and Alice Ann Carpenter, proprietors of Grave Matters) "warehouse," which is actually their basement, where I found numerous treasures. It was from John that I learned of a new crime writing festival in Muncie, Indiana. At his suggestion I phoned Kathryn Kennison for a registration form, and since that time Magna cum Murder has been the highlight of my year for the last decade.
I am proud to be a charter member Magna cum Murderer with perfect attendance. Of course, that first year was special. I remember Kathryn phoning me, delighted to tell me that Ralph McInerny was to be our first guest of honor. Dr. McInerny was very gracious and patient with me then, and in1997, and again this past year when he returned as Magna’s emeritus guest of honor. You see, I have 80 of his books, and he has signed all of them!
The inaugural McM in 1994 featured many fine writers including Sharyn McCrumb, Joan Hess, Nancy Pickard, Michael Z. Lewin, Kate Stine (then-editor-in-chief of The Armchair Detective; currently editor-in-chief of Mystery News), and the Once and Future Spirit of Magna cum Murder, Don Sandstrom, the first reader guest of honor. Without Don, who died in 1997, it’s doubtful there would ever have been a Magna cum Murder. It was a wonderful, ground-breaking event and especially memorable for me since I arrived an hour early, having forgotten that Muncie is an hour behind Ohio.
The nine years since have been filled with some of the biggest names in crime writing. The guest list included:
• 1995: Mary Higgins Clark, Donald E. Westlake, Dorothy Cannell, Parnell Hall, Les Roberts, and Jeff Abbott
• 1996: Sara Paretsky, Margaret Maron, Peter Lovesey, Edward Marston, Sharan Newman, and Ruth Dudley Edwards
• 1997: Lawrence Block, Sarah Caudwell, James Crumley, Harlan Coben, and H.R.F. Keating
• 1998: Sue Grafton, Laurence Shames, John Harvey, Patricia Moyes, and Dorothy Salisbury Davis
• 1999: Anne Perry, Tess Gerritsen, John Gilstrap, Jeremiah Healy, and Mary Monica Pulver
• 2000: Carolyn G. Hart, Robert Greer, Barb D’Amato, Terence Faherty, Miriam Grace Monfredo, and Hugh Holton
• 2001: Val McDermid, Lev Raphael, Michelle Spring, William Kent Krueger, and David J. Walker
• 2002: Michael Connelly, Danuta Reah, Fidelis Morgan, Stephen Booth, and Charlaine Harris
• 2003: Jeffrey Deaver, Peter Robinson, Roberta Gellis, Tony Perona, and Harriette Gillem Robinet
And this list only scratches the surface, as there are at least 40 writers here each year!
Ten years and so many wonderful memories....all our Friday evening receptions, and the Saturday night banquets with the memorable keynote speakers. Who can forget Dr. Elliot Engel’s presentation on Edgar Allan Poe, surprising because Dr. Engel made us laugh out loud. I mean, who knew there could be anything funny about Poe?? Or the "Obit Lady" from last year, a.k.a. Carolyn Gilbert, founder and president of the International Association of Obituarists? And of course, all the panels, programs, and signings....the radio mystery broadcasts....the Halloween costume and contest. Remember the year Hugh Holton (God rest his soul) as Zorro won? The 100 Favorite American Mysteries of the Century quiz by Jim Huang and the Independent Booksellers Association? Myles Ogea, who serenaded us after the banquet two years in a row? The PBS reception to promote their Tony Hillerman movie? And last year’s talent show, featuring so many of our multi-talented writers?
My own personal moments include attending the 7:30 a.m. Mass at St. Lawrence, especially in 1997 with Ralph McInerny, and then sharing breakfast as we compared notes on Latin in pre-Vatican II liturgies; reviewing my Key West acquaintance with Laurence Shames; being named official photographer and historian of Magna cum Murder, serving as reader guest on honor, enjoying Barbara Bogue’s academic presentations on James Lee Burke, and those of Twila Grim on Janet Evanovich and Michael Connelly; Friday dinners with my Dayton friends; browsing through the vendors’ room; the fabulous F.B. Fogg creations (remember the coyote?); Arsenic and Oolong; and the ARF (Animal Rescue Fund) Animal House.
There have been so many joyous times, but there have been a couple of disappointments, too. One was missing the opportunity to meet a real icon in crime writing, Mickey Spillane, when he had to cancel due to illness. I recently read his latest novel and I couldn’t put it down.
Many authors have been here almost every year, and some have come for all ten festivals. Magna cum Murder, to me, means most of all, Michael Z. Lewin, Terence Faherty, Sharan Newman, Parnell Hall, Michael Allen Dymmoch, Barb D’Amato, Dorothy Cannell, Monica Ferris (a.k.a. Mary Monica Pulver), Alex Matthews, and Kathryn Kennison.
McM 2003 was the year of Jeffrey Deaver, our guest of honor. Since I’ve read all his books, including Twisted, I was very excited to meet him, especially since he is such an approachable, forthcoming man. He started as a corporate lawyer, and said that while he likes the law, he doesn’t like lawyering. He also spent time in advertising during his early years where he wrote jingles – "Double your pleasure" for Double Mint gum was his.
The first drafts of his novels, he said, are 800 - 900 pages before the dozens of rewrites that shorten each new draft. Deaver, who started writing at age eight, takes about nine months to outline and research, and he thoroughly enjoys learning and sharing his knowledge with his readers – he finds excitement, he told us, in the process of writing, and he writes what people want, including series characters like Lincoln Rhyme and Amelia Sachs. Almost all of his books have been optioned to Hollywood, but because it’s such a different universe from his own, he says he stays detached from it. Many of you probably saw The Bone Collector with Denzel Washington, whom Deaver says he thought was great in the role.
A new Lincoln Rhyme novel is due in 2005 (which is far too long to wait, in my opinion!).
In the audio versions of his books, Deaver insists all four letter words be deleted to safeguard children. I was particularly interested to learn that the CBS series, CSI, has "borrowed" ideas from Linocln, i.e., Deaver himself came up with the idea of rubber bands on the shoes.
Magna cum Murder 2003 was a wonderful crime writing festival and a fitting conclusion to our first decade. Here’s to the next ten! N