Clifford Henry Bowen
When a case goes to
trial it is only on the rare occasion that every detail is known by
the prosecution. Sure, we see confessions from people and there is
always the evidence that is used to point to the defendant.
Confessions are a tricky thing. When they are not coerced or proven
to be completely false confessions, they are still almost always
riddled with inconsistencies and falsehoods. This should come as no
surprise considering the fact that those who give the confessions are
generally involved in the crime. Perpetrators normally do not want
to come off as a “monster” and for that and other reasons will
often lessen their role and culpability to a crime.
Most often a prosecutor
is forced to come up with a “theory” when it comes to the motive
behind the crime, but in cases in which there is not a confession
they are also forced to come up with a theory on how things took
place. It is not unheard of to hear of a “strange” theory or one
that seems implausible, but more often than not those theories come
from the defense side of the courtroom. At least that has been what
I have seen the most. What I have never seen is a case in which the
prosecution presents a theory that is not plausible in any way what
so ever and yet not only do they still present it, they have nothing
to back the theory up and they hide information from the jury that
would show not just how unlikely the theory is, but there was no way
that it could have occurred. This theory came so late in the trial
of Clifford Henry Bowen that the defense had no way of investigating
the theory in time to show the jury just how impossible this would
have been.
In the early morning
hours of July 6, 1980 three men were at a hotel pool in Oklahoma
City. Around 2:00 gunshots rang out and when it was over the men
would be dead. It was not made completely clear if the three men,
Ray Peters, Laurence Evans and Marvin Nowlin knew each other before
that night and to be fair I found little when it came to Evans and
Nowlin other than their names.
It was almost
immediately theorized that Peters had been the target of the shooting
and investigators believed a man by the name of Harold Dean Behrens
was behind the shooting. Behrens was a former police detective who
had been disgraced and was now a known drug dealer. Behrens himself
admitted to being at the pool with the three men just a few minutes
before they were shot. But, Behrens was not the shooter and everyone
knew that. Another man had been seen by at least two people near the
concession stand area of the pool and was seen running after the
shooting had occurred. Investigators theorized that Ray Peters had
worked for Behrens and that after a recent arrest for DUI and
possession of drugs that Peters would begin working with the police
against Behrens. At least one witness would alleged that when
Behrens had left the pool area he had placed his hand on Behrens'
shoulder as he left and was saying goodbye. Prosecutors would say
this was a sign to the gunman that Peters was the intended target.
The two eyewitnesses
were Mary Lee Chilton, the night manager and Carrie Pitchford a
patron of the hotel. Both described to the investigators the
stranger they saw hanging around the area for a few hours. A flyer
was distributed to the media and law enforcement with the description
or the best that they could come up with since the two women had some
slight differences in what they noticed. Officially the description
was of a white man of about fifty years old, six foot one and about
210-250 pounds. The man had salt and pepper hair and it was of
medium length. Both women described him as wearing a red baseball
cap, brown work boots that were laced up and being “very pale” in
complexion.
A detective by the name
of David McBride would say that when he heard the description of the
stranger he immediately thought of Clifford Bowen. McBride was also
going on the theory of Behrens being involved. McBride had worked
with Behrens in the organized crime department before Behrens had
been disgraced and fired. He would say that one of their assignments
included tailing a man named Jerry Ray James and that while doing so
they had come across Clifford Bowen. Neither James, nor Bowen, would
be charged in anything that had been involved at that time, and by
all accounts they had not even spoken to the men. But, it was
because of that investigation that McBride would allege that Behrens
could have later made connections with Bowen. Neither of the
eyewitnesses at the hotel would claim that the stranger wore glasses
and yet McBride would later testify that it was their description of
“horn-rimmed glasses” that made him suspect Bowen in the first
place.
The two eyewitnesses
would later identify Bowen through a photo lineup although it seems
that they were less than one hundred percent certain. In fact, Mary
Lee Chilton was hypnotized to allegedly “sharpen her memory.”
The fact that she was hypnotized would not be told to a jury left to
decide Bowen's fate and would be only a portion of things that would
later come back to bite the prosecutors.
Harold Dean Behrens
would face his own trial in connection with the murders, separate
from one that Clifford Bowen would face. Behrens would apparently
always deny being involved in the murders, but it was also said that
he refused deals that would require him to finger Bowen, who he
continually stated he did not know. At Behrens trial his former
lover, Jack Zumwalt was called to testify and stated that it was not
customary for Behrens to touch people when they parted company. The
prosecution used this to bolster their theory that when Behrens put
his hand on Ray Peters' shoulder he was signaling to the gunman.
Zumwalt would also claim that Behrens had “all but confessed” to
him that he was involved in the crime but never once mentioned
Clifford Bowen. It seems unclear what kind of evidence that the
prosecutions really had against Behrens but regardless of that he was
convicted and given a life sentence. I was able to determine that
his conviction and sentence were upheld in 1982 and 1985. The
Oklahoma Department of Corrections states that Behrens was released
from prison on March 25, 2004. According to Findagrave.com this was
the date of Behrens death and according to his obituary he died in
Springfield Missouri. It seems to indicate that he was still likely
serving time but doing so in a Missouri prison. But, as you will
later see the Oklahoma Department of Corrections does not appear to
be a site that can be completely relied upon.
For his part Clifford
Henry Bowen was also arrested and charged with the three murders on
August 28, 1980, some six weeks after the crime. Bowen did not live
in the Oklahoma City area but three hundred miles away in Tyler
Texas. He had a burglary conviction dating back to 1958 and in 1967
or 1968 he had been convicted for conspiracy to commit a bank
robbery. Aside from that it was thought he kept with shady company
and it was said that he made his living playing poker, but there did
not seem to have anything else in his criminal history. The newly
elected prosecutor, Robert “Cowboy Bob” Macy personally
prosecuted the case.
I spoke of Macy in a
recent blog about Curtis McCarty. While at the time, especially
early in his career as prosecutor, Macy was thought highly of, it
would be later reflections that would show what some believed to be
his true character. Like many cases he would prosecute over the next
few decades Macy would seek the death penalty against Clifford Bowen.
At his trial the
defense presented more than a dozen witnesses who testified that
Bowen was a rodeo in Tyler on the day of the murders. They would all
claim that he was there until late into the night. One witness would
claim that he had called Bowen's Tyler home at about one that
morning, just one hour before the murders occurred, and spoke to him
personally. Several of those witnesses also testified that on July
6th Bowen was quite suntanned and not “very pale” as
described by the witnesses. The defense was obviously arguing that
Bowen did not have the time or the opportunity to commit the murders.
In rebuttal to that claim the prosecution presented evidence to the
jury that there was an “airstrip” near the rodeo area and
suggested that Bowen could have chartered a jet from there, giving
him time to get to Oklahoma City. What the jury did not know, nor
apparently the defense at that time, was that this alleged airstrip
was “abandoned” and it no longer had the ability to have planes
come in and out of the area. Defense attorney's would later
determine that it had been more than two years since a plane had even
been in the area, but of course that was not known for sure at the
time of the trial. Even still, what is more amazing to me is that
the prosecutors not only did not have evidence that Bowen had in fact
chartered a jet or private plane as they claimed as being possible,
they presented no evidence that the had the means or ability to
obtain the said plane.
Despite all of that in
March of 1981 Clifford Henry Bowen was convicted on three counts of
murder and was sentenced to death. Obviously the defense appealed
the conviction and to their surprise they found that there had been
an alternate suspect known to the prosecutors at the time of the
trial and investigation and they had not been made aware. The
suspect was named Leonard Lee Crowe and in reality by the time it was
all over there would be more evidence pointing to Crowe than what had
been used to convict Bowen.
By all accounts the
defense never would have had to officially look into Crowe because
law enforcement and prosecutors had already done all the work for
them, and yet they had not informed them of this discovery. It would
be due to this discovery that in January of 1986 an appeals court
would sit Bowen's conviction aside and order a new trial. The courts
had called the misconduct by the prosecution a Brady violation. If
you do not know, the “Brady Rule” is a law that requires that a
prosecutor must disclose all information that could prove the guilt,
or the innocence, of a defendant to the defense. This also includes
disclosing deals in which they have made with others to not prosecute
or other special arrangements for their testimony or information.
But, when it came to this case it was discovered that the prosecution
did not disclose the information about Leonard Crowe, hence the Brady
Violation. Now, despite this courts do not always take action
against the prosecutor legally, in fact, it only occurs on the rare
occasion and this was not one of them. After the courts vacated the
conviction it was more than a year and a half later before the
prosecutors decided not to retry Bowen in July of 1987 and he would
be released.
As is often the case
prosecutors will still insist that they had gotten the right person
but that time and legalities prevent them from gaining a conviction.
If you look on websites you will find Bowen on the lists of
exonerated inmates and technically he was, although the prosecutors
still argue that he was the guilty man in this case. The loophole
that the prosecutors use is that in instances like this case, there
was not a decision in which the person was found innocent or even
that the courts ruled there was not significant evidence to warrant a
conviction. Nor, had anyone else been proven to be guilty. Although
I have seen, and I will be doing a blog soon, cases in which despite
DNA evidence that points away from a convicted individual the
prosecutors will insist that the new suspect worked with the previous
one to commit the crime. This is all about “saving face.”
Prosecutors do not want to admit that they were wrong, and only on
the rare occasion will they do so. Many times it is this
stubbornness that prevents them from pursuing anyone else for the
crime no matter how much evidence there may have been.
So, just who was
Leonard Lee Crowe? Well, at the time of the murders he working as a
lieutenant in a police department in Hanahan South Carolina where he
was living. However, he was just about to reach the same status as
Behrens faced, that of a disgraced police officer. Crowe was under
investigation as he was suspected as being a “hit man.” It
appeared that every time Crowe left South Carolina a homicide would
occur where he had been. He obviously had other issues to boot.
But, most importantly, at the time of the murders Crowe was living
with Patsy Peters, the ex-wife of Ray Peters.
In November of 1981 a
woman named Deana Burris had gone to the police in South Carolina.
She had once been a roommate of both Patsy Peters and Leonard Crowe.
At the time the police were investigating the shooting of a man named
Ricky Seagreaves. I will get into that case more in just a bit, but
it is suffice to say that investigators were also looking into Crowe
for that crime. In the middle of all of this Burris reported that in
June of 1980 she had overheard the couple plotting to kill Ray
Peters. According to Burris, Patsy did not want Ray near their
children, for whatever reason that was. The officer who took the
report did not take it seriously at the time. Burris was a known
drug user and prostitute. She went back to the police in April of
1983 and at this time she was clean and sober and her information was
sent to Oklahoma authorities. Of course this was two years after
Bowen had been convicted and sent to death row. Burris also told
investigators that while Crowe and Patsy Peters had left Oklahoma
City later in the day of July 6th and headed back to South
Carolina, Patsy had contacted her several times asking if anyone had
inquired about Crowe.
In 1985 the defense
attorney's found a binder that had belonged to the police that
contained documents from 1980 when they had investigated the crime
and there was a lot of information about Leonard Crowe and Patsy
Peters. It was discovered then that authorities not only knew about
Crowe and Peters, but they also knew that the couple had been in
Oklahoma City at the time of the murders. In fact, they had left
later in the day after the murders and headed back home. According
to the defense Crowe resembled the description of the “stranger”
better than Bowen had.
According to notes in
the binder, Ray's mother had told investigators that a few weeks
before the murders Ray had spoken to Patsy and told her if she came
back to Oklahoma City that he would tell her parents that she was
working as a prostitute. This was not necessarily an idle or false
threat. There was ample evidence that this was exactly what she was
doing in South Carolina. In fact, the binder reported that had Crowe
not resigned from the police department he would have been fired due
to his association with both prostitutes and felons. A few years
before he had also been fired from the Charleston Sheriff's
department, although I did not discover the reason behind that
firing.
Investigators also knew
that while the couple had been in Oklahoma that Crowe had gone to
Irving Texas to apply for a job at the police department there. For
whatever reason, their apparent procedure was to take pictures of
applicants. The investigators obtained the picture and saw that
Crowe had a mustache at the time it was taken, but they also knew
that when he had returned to South Carolina he no longer had the
mustache. Investigators also discovered that Crowe carried a .45
caliber weapon and had silver tip bullets, both of which were known
to be used in what was now being called “The Guest House Murders.”
There was even
something else that seemed even more interesting. Remember I
discussed the shooting of Ricky Seagreaves earlier? His murder was
being investigated in South Carolina when Deana Burris first told
investigators about the alleged information she knew about Ray
Peters' murder. Well, throughout his interrogations and negotiations
Harold Behrens had told investigators something interesting. While
the prosecutors had alleged that Behrens was worried that Peters
would be a confidential informant, it was Behrens who actually worked
with the police. He had informed them that Ray Peters had been
murdered because he had “ripped off” a man named Paul Mazell who
was said to be the head of organized crime in South Carolina.
Confidential informants in both South Carolina and Oklahoma had
informed law enforcement that Ray Peters and Ricky Seagreaves worked
with each other. At some point two men had kidnapped and killed
Ricky Seagreaves for Mazell. It was also determined by South
Carolina authorities that Leonard Crowe was also associated with Paul
Mazell, both before and after he resigned from the police force.
While South Carolina authorities would say that they believed Leonard
Crowe had committed the murders in Oklahoma City, their beliefs did
not matter considering it was not their case to investigate.
Despite all of this
evidence that was all gathered in the early 1980's it appears that
investigators never moved forward on it. It still remained dormant
after Bowen's conviction was overturned and prosecutors had to admit
that they did not have the evidence to re-try him for the murders.
Detective David McBride would die in 2015 after he had retired as the
police chief of Oklahoma City. If you remember he was the one who
claimed that he initially thought about Bowen because of the
description given by the eyewitnesses. Crowe, would apparently never
face any charges in either South Carolina or Oklahoma. He would die
in Oklahoma in 2010. It was unclear if he remained with Patsy Peters
or what came of her but she obviously faced no charges herself.
In the blog about
Curtis McCarty I detailed the scandals that Robert Macy faced before
his “early retirement” in 2001 when an investigation began
against a police chemist named Joyce Gilchrist. Macy died in 2011
and Gilchrist in 2015.
So none of the three
men murdered that early morning in July of 1980 ever received
justice. In addition to that if you go to the Oklahoma Department of
Corrections website and put in Clifford Bowen's name it still shows
that he was given a death sentence. It shows the status as being
“inactive” but have to be looking for that because under the
heading of “discharge date” it states “active.” It simply
states next to “Current Facility,” “outside.” I have looked
at a lot of cases and several Department of Correction websites and I
have never seen anything like the one I have found in Oklahoma. In
the case of Curtis McCarty he has been returned to prison for other
charges, hence his “discharge date” is and should be shown as
“active.” However, his murder charges are not listed on the site
such as Bowen's are and these were not new charges for Bowen as the
date of entry was the date of his conviction in 1981. It is almost
as if the state of Oklahoma still refuses to admit they were wrong!!
Even Harold Behrens “discharge date” shows a date as it is the
date of his death in 2004.
I am unsure if I am
more amazed at the audacity that some in authority have or the fact
that I can still be surprised by it.
I know this case all too well. I cover the Tulsa are on my true crime blog http://ericpools.blogspot.com
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