Robert William Clayton

Case record: Robert William Clayton

Background

Robert William Clayton was a Tulsa death row inmate. He had an IQ of 68 and presented an insanity defense that was rejected. His defense claimed he was psychotic and retarded.

Clayton shared a house with Tony Hartsfield and Don and Sharon Reinke, who were Hartsfield's brother-in-law and sister.

In an open letter, Robert W. “Eagle” Clayton, DOC #151195, stated that his appeal was denied by the U.S. Supreme Court on October 1, 2000. He wrote that he had been asking the courts for two things: DNA testing and “a spray that you spray on clothes, etc. . . and it shows if there was blood or anything even if you paint, or wipe off the clothes, etc. . . .” He stated he believed these tests would prove him innocent. He wrote that courts denied his requests because Tulsa County allegedly said it never received the evidence from the court reporter. He stated that he had a list of everything the court reporter turned over, signed by the Tulsa County Sheriff’s Department. He wrote that he wanted the evidence turned over and the tests done, and that it “will show I was wrongly convicted.”

In the same open letter, Clayton wrote that Detective Fred Parke “openly stated under oath” that he took notes of an alleged confession, and that when asked for those notes he said he threw them away. Clayton also wrote that Detective Parke could repeat the alleged confession “word for word while on the witness stand,” but without having the written notes. Clayton asked to have Detective Parke investigated. He also asked for an interview about DNA and “the other test I wrote about.”

Open Letter From Robert "Eagle" Clayton to Media To Whom It May Concern:
“Hi! My name is Robert W. ‘Eagle’ Clayton, DOC #151195. I’m on death row in McAlester, Oklahoma. My appeal was denied by the U.S. Supreme Court on October 1, 2000. I have been asking the courts for two things: (1) DNA testing; and (2) A spray that you spray on clothes, etc. . . . and it shows if there was blood or anything even if you paint, or wipe off the clothes, etc. . . . All the courts have denied my requests. I believe I have a right to have these tests done but the problem is Tulsa County. They say they never received the evidence from the court reporter. She has a list of everything she turned over and the list was signed by the Tulsa County Sheriff’s Department. These two tests will prove I’m innocent of the crime I am charged with. I am asking that the evidence be turned over and these tests be done, if the State of Oklahoma is so sure I am guilty. It will show I was wrongly convicted. I am not asking you to believe me since I know since you are a reporter, guys ask people like you all the time to believe them to be innocent. Please help me get these tests done and decide for yourself. I have nothing to hide what so ever. I only want justice and right now the very people we look to do justice are denying me access to the evidence in my case. In addition, the Detective Fred Parke openly stated under oath that he took notes of the alleged confession but when asked for those notes, he said he threw them away. However, when the District Attorney’s office asked him he said that he must have misplaced the notes. But he can tell you word for word the alleged confession from his written notes, which he doesn’t have. I’m asking why and how can any court who asks people to trust and believe them, who claim to administer justice – how can this be true when they refuse tests that will and can prove that I’m an innocent man? And how can they believe a detective who ‘misplaces’ his own notes of an alleged confession, but says he can repeat them word for word while on the witness stand? I’m writing to each of you as a person, a human being, an honest person who likes your job and wants to get to the bottom of the truth, so I ask your help. I would like to speak with anyone willing to talk to me a.s.a.p. I know that once you hear from me you will see I have nothing to hide about myself or this injustice that’s being done here. It seems to me that the courts are hiding behind the laws. I want these tests done. I need this detective investigated. I have nothing at all to hide from anyone. I will close and hope you will consider interviewing me on the issues of DNA and the other test I wrote about.””

The offence

Rhonda Timmons, 19, resided with her husband Bill Timmons at the South Glen Apartments in Tulsa, Oklahoma.

On June 25, 1985, as Bill Timmons was returning home for lunch around 12:30 p.m., he noticed towels and a pillow near the back door to the apartment where Rhonda Timmons had evidently been sunbathing. The door was unlocked. After he entered the apartment, Bill Timmons noticed blood “everywhere.” He found Rhonda Timmons’ dead body near the crib of the Timmons’ baby. The baby was in the crib and was not hurt.

Rhonda Timmons had been stabbed twelve times in the chest, neck, side, and arms. She sustained a skull fracture to the front of her head and numerous bruises and blunt force injuries to her head and body. She was strangled with her bathing suit top. Prosecutors said Clayton beat her and stabbed her before strangling her with her bathing suit top. The trial testimony also described a ligature, “most likely her bikini top,” as the cause of injuries to her neck.

Clayton was a groundskeeper at the South Glen Apartments. Shortly before noon on June 25, he told the head groundskeeper he was going to rest in the tool shed during his lunch break. Between 12 and 12:30 p.m., Clayton arrived at the home of Helen Syphurs, the mother of one of his roommates, Tony Hartsfield. Clayton’s hand was injured and he was breathing heavily. He told Syphurs that he injured his hand while resisting two male robbers. Clayton took a shower, wrapped himself in a towel, and placed his clothing in a paper bag. He notified his employer by telephone that he would not be returning to work that day.

Investigation

A blood-stained sock was later found on the floor near the washing machine. Testing revealed the blood on the sock was Type AB, the same as Rhonda Timmons’ blood.

The inside of the couple’s apartment was covered in blood.

The police arrived around 3:30 p.m. and escorted Clayton to the police station for questioning. As he left the house, Clayton asked Hartsfield not to tell the police about a folding knife that Clayton routinely carried.

The police found the knife in the backyard the following day. Blood traces on the knife were too minute for testing. An expert testified at trial that the knife could have been used to inflict Rhonda Timmons’ injuries.

Arrest and police questioning

Clayton was advised of his Miranda rights at police headquarters. He twice confessed to killing Rhonda Timmons.

Clayton’s first confession was ruled inadmissible by a magistrate judge because tape recordings indicated Clayton did not fully understand his constitutional rights.

Clayton’s second confession occurred after he was provided counsel but outside counsel’s presence. The second confession was admitted at trial.

Clayton also sought to suppress both confessions before trial. The trial court ruled the first statement inadmissible because Clayton did not understand his rights and therefore could not voluntarily waive them. The court ruled the second statement admissible because Clayton voluntarily reinitiated communication.

During the process of filling out a booking information slip, Clayton was identified as “Randy” rather than “Robert.” To resolve confusion, a police officer asked Clayton his “true name.” Clayton provided his name, his date of birth, and his social security number. Clayton then indicated he “had something he wanted to get off his chest.” Trial tr. at 896. The officer reminded Clayton of counsel’s advice, but Clayton repeated his desire to make a statement and repeated his earlier story.

Trial

A jury convicted Clayton of first degree malice aforethought murder and recommended the death sentence. Clayton was sentenced to death.

Clayton was convicted shortly after the killing, when DNA tests were not widely used.

Trial testimony included that Clayton came upon Rhonda Timmons as she was sunbathing; he beat her and stabbed her 13 times in the chest, neck, side and arms before strangling her with her bathing suit top.

Clayton’s defense at trial was that he was psychotic and retarded, and he raised an insanity defense that was rejected.

At trial, prosecutors testified that Clayton was an apartment complex groundskeeper and that he had been furious when the victim rejected his advances.

The jury convicted Clayton and recommended the death sentence.

Clayton had no previous convictions, but testimony at trial implicated him in a robbery in Texas and a rape in Mississippi.

Sentencing

Clayton was sentenced to death for the murder committed on June 25, 1985.

Dr. Diane Williamson, a psychologist who examined Clayton before trial, testified at the penalty phase. She testified that his IQ was 68, that his performance on a “word recognition, spelling and arithmetic skills” test placed him at a third or fourth grade level, and that other tests indicated his “reality skills” were poor. She stated that he was “very limited in his abilities to maintain interpersonal relationships,” was emotionally immature, was very dependent on others, and had difficulty controlling his impulses and tendencies. She stated themes included violence, helplessness, and an inability both to solve problems and to engage in “literal, concrete modes of thinking.”

The jury found two aggravating circumstances: “continuing threat to society” and “especially heinous, atrocious or cruel.”

Clayton requested a last meal consisting of shrimp, oysters, fish with tartar sauce, a 32-ounce creme soda, and one strawberry cheese pie.

Appeals

Oklahoma appellate proceedings

Clayton’s conviction and sentence were affirmed in Clayton v. State, 840 P.2d 18 (Okla. Crim. App. 1992).

Clayton’s application for post-conviction relief was denied in Clayton v. State, 892 P.2d 646 (Okla. Crim. App. 1995).

Federal habeas proceedings (U.S. Court of Appeals, Tenth Circuit)

A federal habeas corpus petition was filed under 28 U.S.C. § 2254.

The U.S. Court of Appeals for the Tenth Circuit issued an opinion affirming the denial of the petition. The opinion stated that petitioner Robert William Clayton was convicted of first degree murder and sentenced to death, and that the court affirmed the denial of his 28 U.S.C. § 2254 petition.

The opinion described multiple issues raised by Clayton, including:

• Competency: Clayton contended his due process rights were violated by a retrospective competency determination made six years after trial and under a burden of proof later found unconstitutional in Cooper v. Oklahoma. The court discussed the state court’s finding that a retrospective competency hearing was feasible and referenced that on September 12, 1991, a jury found Clayton competent at the time of trial on March 1, 1986. The court concluded there was no constitutional error in determining retrospective competency hearing feasibility and denied relief on the procedural competency claim.
• Admissibility of statements: Clayton contended an involuntary statement to police was admitted at trial. The court described two statements, the rulings on admissibility, and concluded that Clayton’s waiver was effective and the second statement was voluntarily made after a valid reinitiation of communication.
• Prosecutorial misconduct: Clayton alleged prosecutorial comments and questioning deprived him of a fair trial; the court discussed alleged errors and concluded they did not warrant habeas relief under the due process standard described.
• Brady claim: Clayton claimed the prosecutor failed to disclose exculpatory evidence; the court stated the claim was procedurally barred from federal habeas review.
• Ake claim: Clayton claimed denial of expert psychiatric assistance at the penalty phase; the court discussed procedural bar and concluded Clayton could not establish prejudice.
• Challenge to aggravator: Clayton challenged the “especially heinous, atrocious or cruel” aggravating circumstance; the court discussed the evidence and upheld application of the aggravator.
• Ineffective assistance of counsel: Clayton contended ineffective assistance at both guilt and sentencing phases; the court discussed counsel’s alleged shortcomings, mitigating evidence, and prejudice, and concluded there was not a reasonable probability of a different outcome.
• Newly discovered evidence: Clayton listed multiple revelations discovered by habeas counsel and the court concluded the claims did not satisfy a threshold for relief and did not identify an independent constitutional claim warranting review.
• Cumulative error: The court rejected cumulative error due to a lack of discernible constitutional error.

The Tenth Circuit’s disposition ended with “AFFIRMED.”

U.S. Supreme Court denial of appeal

Clayton stated in his open letter that his appeal was denied by the U.S.

Timeline

• June 25, 1985 — Rhonda Timmons was found dead in her Tulsa apartment near the crib of her unharmed baby; she had been stabbed twelve times and strangled with her bathing suit top.
• January 3, 2001 — Clayton received a 30-day reprieve from Lt. Gov. Mary Fallin when misplaced evidence was discovered.
• January 4, 2001 — Clayton’s execution was scheduled but stayed to allow the Oklahoma State Bureau of Investigation to perform DNA testing on misplaced evidence.
• January 16, 2001 — Oklahoma Attorney General W. A. Drew Edmondson was notified that OSBI DNA testing reconfirmed Clayton as the murderer.
• January 19, 2001 — Lt. Gov. Mary Fallin dissolved Clayton’s stay of execution; Edmondson asked the court to set a new execution date.
• March 1, 2001 — Robert William Clayton was executed by lethal injection in Oklahoma.

Outcome

Robert William Clayton was executed by lethal injection in Oklahoma State Penitentiary in McAlester on March 1, 2001, and was pronounced dead at 9:10 p.m.

The lethal flow of drugs began at 9:07 p.m. and Clayton was declared dead 3 minutes later.

Clayton made a final statement that included:

“I want to say I'm glad I'm leaving this place and I'm going to a better place,” Clayton said in his final statement. “I love my family and I'm sorry for this other lady that was killed. You're still killing an innocent man. May God have mercy on my soul.”

Witnesses included Rhonda Timmons’ stepfather and her mother, Pat Bullard, who witnessed the execution. Bill Timmons, who found her after he came home for lunch, was described as having found her in front of their infant son’s crib. Two sisters, a cousin, brother-in-law and attorney witnessed the execution on Clayton’s behalf.

Clayton was described as the ninth person executed by the state of Oklahoma that year.

Other details

Evidence described as misplaced and later located included a bloody sock, overalls, and a knife.

The OSBI DNA testing involved comparing a blood stain on the sock worn by Clayton with samples of Timmons’ hair. The blood on the sock matched the DNA profile of Timmons’ hair samples. The overalls had no blood stains because Clayton had washed them after the crime. Testimony at trial stated the sock had fallen next to the washing machine.

A sentence of death had originally been scheduled for January 4, and Clayton received a stay on January 3 from Lt. Governor Mary Fallin due to physical evidence being found in an evidence locker in the Tulsa County district attorney’s office.

Clayton’s case involved a U.S. Court of Appeals for the Tenth Circuit proceeding titled: United States Court of Appeals Tenth Circuit No. 98-5154 Robert William Clayton, Petitioner-Appellant, v. Gary Gibson, Warden of the Oklahoma State Penitentiary; Drew Edmondson, Attorney General for the State of Oklahoma, Respondents-Appellees.