Harlan Drake

Case record: Harlan Drake

Timeline

• September 11, 2009 — James Lawrence Pouillon was shot dead in front of Owosso High School in Owosso, Michigan, while protesting abortion; authorities also linked the case to the murder of local businessman Michael Fuoss.
• September 11, 2009 — A witness recorded the passing vehicle’s license plate number.
• September 11, 2009 — Police located and arrested vehicle owner Harlan James Drake about an hour after Pouillon’s shooting; Drake indicated he had shot both victims.
• September 30, 2009 — Drake was deemed incompetent to stand trial and was remanded into the custody of the Michigan Department of Mental Health.
• March 11, 2010 — A jury returned a guilty verdict on both counts of first-degree murder.
• April 22, 2010 — Drake received life imprisonment.
• April 22, 2010 — Drake expressed no remorse for any pain caused to the families; he said he should go to jail "forever."
• April 23 (time referenced: 9:30 a.m.) — Sentencing for Drake was set for 9:30 a.m. in Shiawassee County Circuit Court.

Background

Jim Pouillon was a well-known Michigan activist and a member of Operation Save America. He had been protesting abortion since 1988. He was described as an elderly man dependent on oxygen tank to breathe.

The offence

James Lawrence Pouillon was shot dead on September 11, 2009, while protesting abortion in front of Owosso High School in Owosso, Michigan. The shooting occurred at 7:20 a.m. EDST, when a gunman in a passing vehicle shot Pouillon.

Soon after the shooting, police were alerted to another murder, that of local businessman Michael Fuoss, at a gravel business he owned. Authorities linked Fuoss’s killing to Pouillon’s killer. Police said Fuoss was not connected to the pro-life movement.

Authorities said Drake was offended by pro-life material that Pouillon displayed across from the school for the previous week.

Investigation

A witness recorded the vehicle’s license plate number.

Police arrested vehicle owner Harlan James Drake and charged him with both crimes.

Arrest

Drake was located and arrested about an hour after Pouillon’s shooting. Drake indicated he had shot both victims.

Trial

While in custody awaiting trial, Drake attempted suicide by breaking a TV and using the broken glass to cut his wrists. Drake was later declared fit to stand trial.

In 2004, Drake was involved — but not legally responsible — in a motor-vehicle accident that killed two teenagers. Drake’s attorney, Robert Ashley, argued that Drake suffered from depression stemming from the crash and was therefore mentally incompetent at the time of the murders.

Drake was declared incompetent to stand trial on September 30, 2009, and was remanded into the custody of the Michigan Department of Mental Health.

At trial, Drake took the stand in his own defense, described his thought processes, cracked jokes during his testimony, and testified about how he committed the murder. His testimony was described as very damning to his case. Drake denied killing Pouillon over his stance on abortion but said he didn’t like the graphic protest sign.

Jurors took less than five hours to reach guilty verdicts after listening to six days of testimony.

Verdict

On March 11, 2010, the jury returned a verdict of guilty on both counts of first-degree murder.

The jury also found Drake guilty of a weapons offense related to his plan to kill an Owosso real estate agent the same day that Pouillon and Fuoss were killed.

Sentencing

On April 22, 2010, Drake received life imprisonment. Drake expressed no remorse for any pain caused to the families, and said he should go to jail "forever."

Shiawassee Circuit Judge Gerald D. Lostracco said the case was not about abortion, but about Drake’s desire to be a “hitman” to settle grudges, and said he wished he could sentence Drake to hard labor.

The former longhaul truck driver showed no emotion as family members of Pouillon and Fuoss told him Thursday that he never deserved to be free again.

Judge’s remarks (verbatim)

“Coming from a hypocrite and a racist, I really appreciate that, judge,”
“As you go off to prison today, you’re certainly no hero in anyone’s book,”
“I wish I could sentence Drake to hard labor.”
“As you go off to prison today, you’re certainly no hero in anyone’s book,” said Lostracco, who also said he wished he could sentence Drake to hard labor.

Defendant’s remarks (verbatim)

“forever.”

Drake apologized to both families for the pain he has caused them:

“They don’t deserve the pain they feel,” said Drake.

Drake’s attorney, Robert Ashley, called the sentencing the last chapter in a “very tragic story” and said Drake’s reaction to the judge’s comments reflected his mental illness. Ashley said he had unsuccessfully argued at Drake’s two-week trial that Drake was legally insane when he shot Pouillon and Fuoss.

Prosecutor’s remarks (verbatim)

“He killed those people in cold blood,” said Colbry.
“He’s a dangerous person and he’s not going to be a danger in the future.”

Additional sentencing terms (as stated)

In addition to life imprisonment, Drake was given two years on the felony firearm charges and three years four months to five years in prison on the weapons charge.

People

• Harlan Drake (defendant)
• James Lawrence Pouillon (victim; anti-abortion activist; described as 63 of Owosso; disabled, used an oxygen tank and wore leg braces)
• Michael Fuoss (victim; local businessman; gravel business owner)
• Judy Climer (president of Flint Right to Life; friend of James Pouillon)
• Lori Lamerand (president and Chief Executive Officer of Planned Parenthood East Central Michigan)
• Brenda Battle-Jordan (Flint Area Black Americans for Life president)
• Brie Mowen (friend)
• Elizabeth Maine (Owosso)
• Robert Ashley (Drake’s attorney)
• Randy Colbry (Shiawassee County Prosecutor)
• Gerald D. Lostracco (Shiawassee Circuit Judge)
• Barack Obama (referenced)
• James M. Pouillon (Pouillon’s estranged son; a podiatrist in Grand Rapids)
• Mary Jo Pouillon (Pouillon’s daughter)
• Madison Pouillon (Mary Jo Pouillon’s daughter; 16)
• Holly Pouillon (granddaughter)
• James Fuoss (Fuoss’ brother; 58; of Owosso)
• Sandy Fuoss (Michael Fuoss’ ex-wife)
• Madison (16-year-old referenced in the reading)
• Operation Rescue (right-to-life organization; referenced)

Aftermath

Public reaction and statements

Several pro-life groups and leaders deemed Pouillon a martyr.

Lori Lamerand stated:

“We want to be very clear that we have no idea if this was related to his views, but Planned Parenthood would never condone any sort of violence against anyone, regardless of their views,”

She also stated:

“Certainly we do eveyrthing we can to ensure the safety and security of our clients, and if called upon, we would obviously cooperate with any investigation with the police,”
“I am aware he's been a protestor at our offices in the past but I have had no personal contact with this man and did not know him personally.”

Judy Climer said:

“Justice has been served for the unborn babies and the rest of us who have a constitutional right express ourselves,”

President Barack Obama called the killing "deplorable" and stated:

“whichever side of a public debate you're on, violence is never the right answer.”

Funeral

Pouillon’s funeral was held at the Owosso High School football stadium.

Family statements and online post

Pouillon’s estranged son James M. Pouillon criticized his father in an online post, describing Pouillon’s activism as a “pathological hatred of women” and stating:

“He did this to stalk, harass, terrorize, scream at, threaten, frighten, and verbally abuse women... He was at the high school because my niece was there, and female family members were always his favorite targets.”

The post stated:

“to make someone so angry, to make them feel so terrorized, to make them feel the only way they could make him stop was to kill him.”

It concluded:

“Owosso is now rid of a madman.”

Mary Jo Pouillon offered a different image of her father:

“He didn't want to hurt anyone that hadn't hurt him or his family.”

Madison Pouillon sang in a memorial service that drew anti-abortion activists from across the country.

Operation Rescue named Pouillon "Person of the Year" for 2009.

Comments at sentencing (as reported)

Holly Pouillon read a statement written by her 16-year-old daughter, Madison, saying:

“Mr. Drake, you took away my (grandpa), the person who I trusted most,”

Madison Pouillon said:

“I wish you would have gotten to know him as a man, not just hate.”

Fuoss’ ex-wife Sandy Fuoss said she was happy to hear the verdict and hoped she and her children would be able to get some closure:

“They've been through a lot the last six months,” she said.
“He wanted to see Drake “go away for life.”
“He had no reason to do that,”
“Mike was good to them, very good.”

James Fuoss said his mother has dementia and that it was hard for the family to see Michael Fuoss in his casket because Drake had shot him more than a dozen times. He said:

“Every time she hears about it, it’s like the first time over and over and over again,”
“I don’t think I could ever forgive Harlan Drake or his family,”

He also stated about Michael Fuoss:

“Mike was a kind man who cared for his wife who had terminal brain cancer.”

Witness and community descriptions of Pouillon (as stated)

Judy Climer described Pouillon as:

“just a nice, elderly gentleman who was disabled, used an oxygen tank and wore leg braces.”

Climer said:

“He told me one time God put in his heart a passion for the little babies that have the right to be born and they were being denied that right,”
“I knew him very well. He told me once he'd be willing to die for that belief. That's what I hear him saying right now.”

Climer described Pouillon’s weekly schedule:

“He always comes. He would even go up to Saginaw at 7:30 a.m. and pray, then come here to Flint at noon,”

Climer said:

“This was a passion he's had for 20 years, to just pray that abortion would come to an end and that women would see the truth that abortion is murder.”

Brie Mowen described Pouillon as:

“He was known as the sign man,”
“He was passionate about the abortion issue...He was a troubled soul but he had a good heart.”

Elizabeth Maine said:

“One man threw a piece of fruit at him and hit him in the head,”

Lori Lamerand said Planned Parenthood had not been contacted by police at that time and no link had been made to the organization:

“We do eveyrthing we can to ensure the safety and security of our clients, and if called upon, we would obviously cooperate with any investigation with the police,”

Brenda Battle-Jordan said:

“It's unfortunate. This is the United States and we should all have the opportunity to express ourselves with the First Amendment,”
“No matter what, an attack against anyone standing up for the First Amendment is always wrong. We have a right to say what we feel.”

Prior incidents involving Pouillon

Pouillon was arrested in 1994 for disorderly conduct in a case where he allegedly harassed parents as they took their children to day care at First Congregational Church in Owosso.

Pouillon said in a 2003 Flint Journal report that he targeted the church because it had hosted a 25th anniversary celebration for the local Planned Parenthood office, and he said he urged parents escorting children:

“Don't take your kids to that church. They kill babies in there. They support abortion.”

The 1994 police report indicated Pouillon was screaming at pre-school children and their mothers, and Pouillon said he and a church member were shouting only because they stood hundreds of feet apart.

The state Supreme Court ordered the state Court of Appeals to rule on the case, overturning Pouillon’s conviction in 2003.

In another case, the U.S. Court of Appeals reversed a ruling that ordered the city of Owosso to reimburse Pouillon for legal costs from another 1994 incident in which Pouillon was cleared of charges of resisting a police officer. In that incident, Pouillon was jailed after failing to heed a police demand that he stop demonstrating on an outdoor landing near City Hall.