Bill would drink and become violent. One time he locked himself in the house with my brother and mom with a shotgun, but the police were able to get him out and he was put in jail. Another time he locked himself in the house again, tore up everything in the house, even the pictures of our family. He was so drunk, he took a knife and thought we were in our beds sleeping and he stabbed holes in all of our beds. If we had been in there, we would have been killed. The police came and took him to jail again.
One day I had gone out to play basketball. I called my mom from a store to ask her to come and get me, but Bill decided he would pick me up instead. My mom called the store back to warn me that Bill had a knife and was coming for me. He had my mom's car. He picked me up and he was actually nice. We went to his mom's house and on the way back he stopped to buy some beer. I took off with the car and left him there. I just rode around for a day or two. He had gone back home that night and my mom had my uncle take her along with my little brother to the police station to get a warrant to get him out of the house. On the way back home from the police station, a drunk driver hit my uncle's car and my mother was killed and my little brother was in the hospital in serious condition. I wish I had been there, she would still be alive if I had been there. That was 1980.
After my mother's death, me and some guys were playing arcade games. After the place had closed down, we stayed and spent the whole night. We were arrested and charged with burglary although we didn't really take anything. I made bond and went to live in Kentucky with my dad. In 1981, I went for a visit to Tennessee. Up until that time, I was never involved with anything really serious. Just the marijuana charge and this burglary charge.
While in Tennessee, I got involved with the wrong crowd and got heavily involved in drugs. We would burglarize homes to get money to buy more drugs. I was really messed up and most of the time I had no idea what I was doing and didn't much care. I married Glenida (Peele) without really realizing that we had gotten married. . My wife, myself, and a couple of other guys pretty well hung together, just drinking, smoking pot, and breaking into houses. They pretty well stayed with me because I had a car that we used in the burglaries. From one of the houses we broke into, I kept a 357 pistol.
On August 26, 1981, my wife and I got together with one of my friends, Tommy Dale Taylor. My wife and I took Tommy and his kids for a ride, mainly to take his kids to the park. He knew that I had broken into some houses so I showed him the gun I kept. He said that he knew where we could sell it. We left my wife and his kids at a park in Johnson City, Tennessee. Tommy and I drove to Elizabethton which was 12 miles away. We sold the pistol there and then went back to the park to pick up my wife and his kids. After that, we just mainly rode around until about 11:30 that night, then I took him and his kids home. We stayed for about 15 minutes and then left. My wife and I rode around for awhile, she was upset with me about something so I took her to her mother's house and I stayed with a friend that night.
The next day, August 27, Ronnie Miller and I went and picked up my wife. We mostly just rode around and drank beer all day. That night, my bondsman located me in Johnson City and told me I was wanted for questioning on burglary charges in Jonesboro, Tennessee, so we followed him to the jail. I was questioned and I admitted to the charges. My bond was revoked and I was arrested. My wife and Ronnie Miller took my car and left. To tell the truth, I was relieved. I knew things weren't going right in my life and thought that maybe now, with time in prison, I would hopefully straighten my life up.
After I was in jail for about four days, they said that I was wanted in Elizabethton for questioning on some other burglary charges. My wife had been arrested for being drunk or something, and I just figured she told them about the burglaries; one of the houses was in Elizabethton. I was taken to Elizabethton and I admitted to the charge and told them which house it was. Then they started talking about other burglaries that I knew nothing about.
On the night Tommy and me went to sell the gun, a man was hung from a tree in his yard about 18-20 miles from where we sold the gun. My wife heard about it in jail and told them that Tommy and I had been there. I knew nothing about nor did I hear anything about a murder until they started questioning me about it. Up until that point, I had admitted to the burglaries I did. I thought they were just trying to get me to admit to the other burglaries I didn't do. I told them I knew nothing about a murder and had no idea what they were talking about. Sheriff George Papantoniou and FBI Agent Don Collins said they knew I was there, that they had a statement. I told them all I did was break into houses, that I didn't know anything about a murder.
They refused to let me talk to an attorney or call my family. Then they started hollering and throwing the death penalty up to me. I tried telling them all I did was break into a house. I thought it was just a joke, a trick to get me to admit to the other burglaries. They said I was going to die anyway, that I might as well tell them about it. I got scared and admitted to the burglaries I that didn't even do thinking that's what they wanted. But it wasn't enough. They kept drilling me about this murder and I saw they were serious. I knew nothing about it and told them that. After awhile they got mad, took all my clothes, handcuffed, and shackled me and put me in a little hole of a cell with no bed, no lights, no water, no toilet, no nothing. They left me there for four days. For four days, I got no food, no water, no nothing. It was though I didn't even exist and was left to die.
Finally, they came and got me to question me some more. I was still refused an attorney or to call my family. They told me that my wife had made a statement saying I was there. I still tried telling them that I didn't know anything, that I didn't hurt anybody. They started threatening me again with dying; I was cold, sick, hungry, and scared. They said all they wanted was a statement to what my wife had said, they even let me read it. I told them it wasn't true, that she lied; but they believed her. They kept on and kept on. I made the sheriff mad and he hit me in the mouth with an ashtray, had them take me back to the little hole of a cell. I kept thinking that somebody would help me.
This time I stayed for two days, but they came in the night and sprayed me down with cold water. I thought they were coming to feed me. The water made me really sick and weak. They came and ate food in front of me. After the second day, they came and got me for more questioning. This time I was pushed down the steps while I was still handcuffed and shackled and didn't have any clothes on. They drilled me some more, said I would get fed and my clothes back if I just made a statement to what my wife said, said they would even let me use the phone. I was cold, sick, hungry, scared, and weak and to the point of just wanting to die, not caring anymore. I gave them what they wanted and made a statement copying her's word by word. I got my clothes back, some food, and was put in a cell with other people. But still no outside contact.
A couple of days went by and they called me down again, to use the phone I had thought. Instead they told me that the statement I made was a lie; they said my wife made another statement saying she lied the first time. Again they believed her. I told them I was doing nothing else until I called my family or talked with an attorney. The sheriff got mad and pulled a gun from his drawer and pushed it into my forehead. Said he was through messing with me. They put me back in that hole with nothing. Because I had eaten, I thought I could deal with it. But, I was cold and really sick. They sprayed me down with water again and I couldn't take any more, didn't really care anymore. When they came back to get me, I was so weak I fell to my knees. When I got up, I was kicked in the stomach. I made another statement they wanted and again I got regular treatment. But still no phone call. I was just happy to get clothes, a blanket and food.
Finally, after all this time, my dad heard on the news I was arrested for murder. He hired a lawyer, Bob M. Green and paid him $10,000 to handle my case. The attorney came to see me and I just knew everything would be OK now. I had help. If they had given me an attorney to begin with, I wouldn't have gone through all I did or have gotten treated the way I did. This attorney came to see me and I was sick and mentally crazy. I told him everything. I told him how I was treated, what they did to me. I told him I knew nothing about the murder, that I was not guilty. I told him that they left me no choice but to do what I did. He took all that down and told me to tell him everywhere I was and who I was with on that night. I told him everything. He told me not to worry; he was going to go check every thing out and would get back with me. He was gone for about 10 minutes, came back and told me if I didn't cooperate I would get the death penalty. He left and allowed me to continue to be treated ungodly, he did nothing to stop it or protect me. I found out my wife was making those statements to get special treatment. My attorney was hired and he did nothing for or to help me.
For the next couple of months, I went through the same thing over and over again. Days at a time with no food, water, no clothing, no nothing, more or less left for dead. I lost all hope, strength, and pretty well gave up. All kinds of statements were being made. They started trading me pills for statements, valiums. They were the only things I could find comfort in. I no longer cared what they did to me.
Some clothes were supposed to have been taken from the murder. They said I had hid them in a barn in Hampton. They took me there to find them. I had no idea what they were talking about. I couldn't find any clothes. They searched the barn. They left me handcuffed to that tree for about 7 hours. It was winter & freezing out. I think the pills are all that helped me to survive. I was taken back to the jail and put in the hole.
My wife was lying to them. I was being treated ungodly to this point. I don't know how many statements I had made. Finally, there were about six others were arrested: Joe Street, Jeff Causby, Eugene Montgomery, Kelly Banner, Donald Grant, and Tommy Taylor, the guy I was with. Other than Tommy, Joe Street was the only one I knew out of the bunch. My wife knew all of them. I was shown pictures of them so I would know who they were. Joe, Jeff & Eugene were all juveniles, Street got a little of the treatment I got, they wanted me to testify at their juvenile hearing to one of the statements I had made. They said they would help me, that I wouldn't get the death penalty. I lied for them.
During this time my attorney never came to see me. Through all of this, I was given two different lie detector tests, which I passed; I passed both of them. But it didn't do any good. It was as though it didn't matter. This treatment went on for awhile. In 1982, I was told I would get a life sentence if I testified against the others. My attorney told me to enter the plea; it would protect me from the death penalty. I told him I wanted a trial that I was not guilty. He said for now, take the plea, that I could get a trial after everybody else was tried. At that time, I believed him. He said he would have me moved to another jail and he did. I was treated humanly for a change. My attorney told me that I could later withdraw my plea and have a trial.
Before their trials, all the other guys' attorneys came to see and talk with me. I told them I had lied and was forced to do what I did. I tried to get help from them, but they couldn't help me because they were attorneys of the other guys. In 1982, I was called to testify at Jeff and Eugene's trial. I took the stand and tried telling the truth. I told neither those guys nor I was guilty. They jerked me off the stand and my attorney and the DA David Crockett said they were asking for the death penalty on me. I refused to testify at another hearing and same results. My food was thrown on the floor and I was threatened. I told those attorneys I was being forced to testify. At first, Jeff and Eugene were convicted, got a new trial and was found not guilty. Kelly and Don were found not guilty. My wife had a trial at first and got a hung jury; then she pled to no contest and got 20 years.
She's out now. Joe was convicted, while waiting for his case to be decided by a higher court, he was supposed to have killed himself in prison. After entering the plea in 1982, I was held in local jail until December 1990. The time during my arrest and prior to my sentencing, I did all I could to get my side heard. My attorney refused to come and see me. He did nothing. He himself threatened me in public in front of others, saying he was through with messing with me, that he wished they would go ahead and give me the death penalty and he would pull the switch himself. He was heard saying that and I wrote several letters to the judge telling him I wasn't guilty and didn't want a life sentence. I tried several times to call or get my attorney to come see me. He never would. He sent his assistant to come see me. I told him what I wanted to do, motions I wanted filed. He left and went straight to the DA and told him everything I said. I told my attorney about it and he said that he knew about it and fired him. Every attempt from me to do anything was hindered and denied.
Finally I wrote the judge and told him I would rather have the death penalty than plead guilty and get a life sentence for something I did not do. He sent me to the nut house for over six weeks. While there, my counselor, Deborah Wright, believed me, made calls, talked to people, and I proved my case to her. She couldn't believe how I was treated.
I did everything I knew to do on my own, but ended up with a life sentence. At my sentencing, I told the judge I was innocent, that I didn't want a life sentence. I wanted a trial like everybody else. I fired the hired attorney I had and since then I've had about eight different court appointed attorneys but none of them has done anything to help me. One of them, after working several months with me on my case told me that he needed to disqualify himself as his wife was a relative of Ben Tester, the murdered man. Why didn't he withdraw originally? All of these attorneys were from the county where the murder had taken place. Still today I've not had a case filed in a higher court.
I never had a chance to prove myself or tell my side of the story. This case was never investigated, there weren't any witnesses putting me or who saw me at the murder scene, no one saying I did anything but my wife. She later came forward with the truth and recanted her statement. I admit that I made statements I shouldn't have made, but I had no choice. My attorney wasn't helping me. I had no choice but to do what I did. I would have rather died and even wanted to. I was young, scared, and alone and had no idea what I was doing other than what I had to at the time to survive. I didn't know anything about the law and still don't. I just kept telling myself that some one would help me, that I would get a chance to prove myself. I was
threatened, lied to, misled, and used by my own attorney. I could have easily proven my innocence if he would have helped me or if I would have been given an attorney at the beginning. Other than the burglaries, all I should be here for is perjury. I was denied any and every right I may have had. There was no investigation of the murder.
Anything I have ever done in my life, I have admitted to. If I had murdered Ben Tester, then I would admit to that as well and I would have served my time in peace. But, I did not murder Ben Tester, I was not involved in a robbery at his home, I was not at his home that evening or ever, I did not even know who Ben Tester was.
They did everything they could to keep me from getting help or telling my side of the story. I have been imprisoned for 18 years for a crime I knew nothing about and did not commit. And still today I do not have any help. No one has ever offered to talk to any of my witnesses or check out anything I say. I don't know about the law to help myself. I hope someone will read this and care enough to talk with me and at least give me a chance. At least hear my side of the story. I don't have any money to pay anybody, but I do have a case and I am innocent.
The facts:
I was denied my rights to an attorney and denied my right to a phone call.
There had been a woman who claimed to have seen Harvey Street (Joe) and me buy a yellow nylon rope, however, when it came to trial, she did not testify.
The car identified at the home of Ben Tester was described as a blue El Camino with Tennessee license plates. My car was a gray and black El Camino with Kentucky license plates. This fact was pointed out during the Causby trial where his lawyer took the judge and jury to the impound lot to verify if my car was the one she had seen, it was not.
There weren't any fingerprints or any other physical evidence linking me to the crime, nor any of the others who were charged.
The only thing connecting me to the crime was my ex-wife's statement and my confession. There were about eight different statements made as I was forced to change my statement to conform to what they wanted me to say. All of the other guys were force to make similar statements according to mine.
The night of the murder, I was with Tommy Taylor, to sell the gun I had stolen.
I took two lie detector tests and passed both of them.
I trusted my attorney to provide me sound, legal advice. I did not realize that by entering a guilty plea that I would not be able to reverse that plea and I did not realize that I would not receive a trial. I always believed that I would have a chance for my day in court and prove my innocence, this day has never come. I am serving time in prison for a murder I did not commit nor did I have any involvement whatsoever. As God is my witness, I was not involved in any way with the murder nor burglary of Ben Tester.
Clifford D. Peele #138318
N.E.C.C.
P.O. Box 5000
Mountain City, TN 37683
Sent by: Ann Bachleitner
suziebach@yahoo.com