NEWS<strong>The</strong> Long V<strong>in</strong>dicationAfter 35 years and a lengthy sentence for robbery,Ronnie Barrs rema<strong>in</strong>s determ<strong>in</strong>ed to prove his <strong>in</strong>nocenceBY JORDAN SMITHRonnie Barrs, now 61, carries the papers document<strong>in</strong>g his case.For more than 35 years, Ronnie Barrs has<strong>in</strong>sisted that he was not <strong>in</strong>volved <strong>in</strong> the 1973robbery of an Aust<strong>in</strong> M<strong>in</strong>imax grocery store, acrime for which he was convicted the follow<strong>in</strong>gyear. In fact, Barrs doesn’t th<strong>in</strong>k he ever setfoot <strong>in</strong> the 24-hour Cameron Road grocery,which has long s<strong>in</strong>ce closed and been replacedby a now-decay<strong>in</strong>g strip center. Hav<strong>in</strong>g beenbusted once before, Barrs was given a 50-yearsentence; he spent 10 years <strong>in</strong> prison beforebe<strong>in</strong>g released on parole <strong>in</strong> 1983. His parolewill end <strong>in</strong> 2011. He’s never been <strong>in</strong> troubleaga<strong>in</strong>, and, now 61 years old, he cont<strong>in</strong>ues tolive a quiet life, just east of Aust<strong>in</strong> where heworks as a professional house pa<strong>in</strong>ter.1973 was a long time ago, and yet Barrsrema<strong>in</strong>s determ<strong>in</strong>ed to clear his name. “It’stime now to try to fix it,” he said recently. “IJANA BIRCHUMhope that I can fix it so thatwhen I leave this earth, I canhave a clean slate.”Barrs has been work<strong>in</strong>g tofix it s<strong>in</strong>ce shortly after he was arrested <strong>in</strong>August 1973, and <strong>in</strong> earnest s<strong>in</strong>ce he was sentto prison less than six months later. Over theyears, he’s written letters to everyone hecould th<strong>in</strong>k of <strong>in</strong> an effort to get support for are<strong>in</strong>vestigation of his case – <strong>in</strong>clud<strong>in</strong>g to formerU.S. Rep. J.J. Pickle, Sen. Lloyd Bentsen,and state Rep. Gonzalo Barrientos; to theACLU, the NAACP, and the Department ofJustice; and even to the late U.S. Sen. TedKennedy. He has stacks of yellowed courtpapers, permanently creased personal letters(<strong>in</strong>clud<strong>in</strong>g a cryptic, handwritten letter fromthe mother of his chief accuser), and a petitioncollected by his mother while he was <strong>in</strong>prison that conta<strong>in</strong>s more than 500 signaturesof East Aust<strong>in</strong> residents who said theybelieved <strong>in</strong> his <strong>in</strong>nocence.Thus far, none of his efforts have pannedout. Barrs, who has quick, smil<strong>in</strong>g eyes,rema<strong>in</strong>s undeterred. He is certa<strong>in</strong> that one daythe truth will come out and that people willf<strong>in</strong>ally realize he was convicted of a crime hedid not commit. “When you go to prison likethat and you know you’re <strong>in</strong>nocent, you try tosay, ‘Society is not like this; we’ve got the bestsystem <strong>in</strong> the world,’” he said. “And then yougo to realiz<strong>in</strong>g, th<strong>in</strong>gs do happen like this.”Uncerta<strong>in</strong> EyewitnessesJust before 11pm on Thursday, July 12,1973, 18-year-old L<strong>in</strong>da Yura pulled <strong>in</strong>to thepark<strong>in</strong>g lot of the Cameron Village M<strong>in</strong>imaxgrocery at 5308 Cameron Rd. She was thereto visit with a friend, assistant manager PhilHen n<strong>in</strong>g, and to buy some Coca-Cola. <strong>The</strong>rewere nearly 20 people <strong>in</strong> the 24-hour storewhen Yura, a clerk at the Texas Departmentof Public Safety, arrived. She’d alreadywalked <strong>in</strong>to the store when she realizedshe’d forgotten to br<strong>in</strong>g from her car theempty soda bottles she needed to return,she later testified, so she returned to thepark<strong>in</strong>g lot. <strong>The</strong>re she saw a two-tone whiteover-redlate-model two-door vehicle with“four or five negro subjects” <strong>in</strong>side, accord<strong>in</strong>gto the police report prepared by thecase’s lead <strong>in</strong>vestigator, then-Aust<strong>in</strong> PoliceSgt. Roger Napier. <strong>The</strong> car and its occupantsstood out to Yura because they were just sitt<strong>in</strong>gthere. “Because usually when you go tothe grocery store,everybody getsout,” she testified<strong>in</strong> court <strong>in</strong>January 1974.“So I got my bottlesand wentback <strong>in</strong>side and Igot my Cokesand I was check<strong>in</strong>gout, and Inoticed themwhen they came<strong>in</strong> the store, but itwas just briefly.”Three of thepeople Yura hadseen <strong>in</strong> the car hadentered the store,she said, two menand a woman. She didn’t pay attention to whatthey did once <strong>in</strong>side; she paid for her soda andwalked to the manager’s area, a little enclosedbooth where the store’s safe was located, tochat with Henn<strong>in</strong>g. When she got there, ashortish and stocky man <strong>in</strong> p<strong>in</strong>-striped pantsand a leopard-pr<strong>in</strong>t shirt, one of the menwho’d been <strong>in</strong> the two-tone car, was alreadystand<strong>in</strong>g next to the booth. Yura began chatt<strong>in</strong>gwith Henn<strong>in</strong>g, when the man <strong>in</strong> the p<strong>in</strong>stripedpants told Henn<strong>in</strong>g, “Tell her to get <strong>in</strong>there with you.” She did so and “just stoodthere” still talk<strong>in</strong>g to Henn<strong>in</strong>g, who she noticedBarrs <strong>in</strong> prison <strong>in</strong> 1974“was open<strong>in</strong>g the safe.” Henn<strong>in</strong>g handed theman a “big wad of bills.”Suddenly a gunshot sounded from somewhereelse <strong>in</strong> the store. Everyone <strong>in</strong> the store“k<strong>in</strong>d of just stood where they were,” Yurarecalled. “<strong>The</strong>y were all shocked.”Yura had not realized that the M<strong>in</strong>imax grocerywas be<strong>in</strong>g robbed, apparently by thethree people she had seen earlier outside. Noone was <strong>in</strong>jured <strong>in</strong> the robbery; a s<strong>in</strong>gle.38-caliber bullet had been fired when one ofthe robbers accidentally pulled the trigger onhis gun as he hit <strong>in</strong> the head a 17-year-oldcashier who hadn’t responded quickly enoughto a demand to empty his register. (<strong>The</strong> youth,John Montgomery, was cut but otherwiseunharmed.) <strong>The</strong> robbers rounded up theoccupants of the store, ushered them <strong>in</strong>to astorage room, and took off. (Neither Yura norMontgomery could be located for this story.)No money was ever recovered from the robbery,but not quite a month later, police hadarrested and charged four people with thecrime: Andrew Lee Jackson, James Hopes,Ronnie Barrs, and Barrs’ then-wife, Betty.Barrs knew Jackson and Hopes, but they werenot friends. But Jackson had told police thathe was responsible for the robbery, he hadf<strong>in</strong>gered Hopes and Ronnie and Betty Barrs ashis accomplices, and he eventually testifiedabout the crime at Barrs’ trial. Yet Jacksonhimself never went to prison for the robbery(though he did do some time for an unrelatedoffense). Hopes pled guilty and served fiveyears and one day, although he now swears hehad noth<strong>in</strong>g to do with the crime. A TravisCounty grand jury decl<strong>in</strong>ed to <strong>in</strong>dict BettyBarrs, who had a good alibi.Only Ronnie Barrs took the case to trial,where he testified that he had not been<strong>in</strong>volved. He too had a decent alibi, but thejury was apparently unpersuaded by his testimony.Yet the majority of the eyewitnesses –customers and employees of the M<strong>in</strong>imax –were unable to identify Barrs as one of therobbers. Court records also suggest that thosewho did identify Barrs did so with the encourag<strong>in</strong>gfeedback of lead <strong>in</strong>vestigator Napier,who told several who tentatively selected Barrsfrom a multiphoto l<strong>in</strong>eup that they’d gottenthe right guy. Ultimately, Barrs was sentencedto prison for a robbery that many <strong>in</strong> the storedid not even realize was tak<strong>in</strong>g place.Now, so many years later, clear<strong>in</strong>g his namepresents Barrs with no easy task. WithoutDNA evidence and with the death <strong>in</strong> 1993 ofJackson, the state’s key witness, prov<strong>in</strong>g Barrshad noth<strong>in</strong>g to do with the M<strong>in</strong>imax robberymay well be impossible. That doesn’t meanthat aspects of his case aren’t compell<strong>in</strong>g. For<strong>in</strong>stance, there’s the process by which Barrswas identified by witnesses. Faulty eyewitnessID is the most common factor <strong>in</strong> wrongfulconviction, present <strong>in</strong> a stagger<strong>in</strong>g 75% of allwrongful convictions; if the eyewitnesses fromthe M<strong>in</strong>imax were wrong or coached, doesthere rema<strong>in</strong> any provable case aga<strong>in</strong>st Barrs?On the other hand, even if the evidencewas ta<strong>in</strong>ted or false, can Ronnie Barrs stillhope for v<strong>in</strong>dication?20 T H E A U S T I N C H R O N I C L E JANUARY 15, 2010 a u s t i n c h r o n i c l e . c o m
A Simple StorySitt<strong>in</strong>g <strong>in</strong> a corner booth at a North Aust<strong>in</strong>IHOP, Barrs smiles often and laughs easily.His hands are expressive, large – remarkablyso for his modest 5-foot-10-<strong>in</strong>ch frame – andrough from years of manual labor. He hasn’tbeen able to work recently because of backtrouble, and between visits to the doctor andcar<strong>in</strong>g for a grandchild, he spends much ofhis free time try<strong>in</strong>g to track down leads thatmight help clear his name. He looks for oldfriends and acqua<strong>in</strong>tances from the earlySeventies and pumps them for <strong>in</strong>formationand for additional sources – people whomight remember someth<strong>in</strong>g that could nowhelp him. He grew up <strong>in</strong> Aust<strong>in</strong>, liv<strong>in</strong>g <strong>in</strong>Eastside projects with his mother, Margaret,who worked as a clean<strong>in</strong>g lady at one of thedepartment stores that still operated onCongress Avenue.Barrs is charm<strong>in</strong>g and apparently guilelessand never sounds bitter or angry about hisfate. His simple determ<strong>in</strong>ation to clear hisname is <strong>in</strong> part what attracted Aust<strong>in</strong> defenseattorney Keith Hampton to his case. Hamptonwas sitt<strong>in</strong>g <strong>in</strong> his office one afternoon when <strong>in</strong>walked Barrs, carry<strong>in</strong>g a worn cardboard boxfull of documents, “and he wants to get hisname cleared,” Hampton recalled. “I askedhim some questions and realized that he’dserved his time and was close to gett<strong>in</strong>g offparole.” That struck Hampton,and he couldn’t help but wonder,“Why would he go to allthis trouble for someth<strong>in</strong>g thatis so far <strong>in</strong> the past?”Barrs told Hampton hisstory. “I was pretty stunnedby what I was hear<strong>in</strong>g,” thelawyer said. He even called <strong>in</strong>a colleague to hear the tale, tosee if maybe he was miss<strong>in</strong>gsometh<strong>in</strong>g. She was similarly impressed.“This has a r<strong>in</strong>g of truth to it,” Hamptonsaid. “This guy seems completely honest.”Barrs’ story is deceptively simple. He sayshe was wrongly f<strong>in</strong>gered for the robbery byJackson, a man he’d known for years, butnot well. Barrs had dated Jackson’s sister asa teen <strong>in</strong> the mid-Sixties but says he neverhung around with Jackson (better known as“Lee Lee”), whom his mother consideredbad news. Hopes was only an acqua<strong>in</strong>tance;he drove a beer truck dur<strong>in</strong>g the day andworked nights as a bouncer at the Palladiumclub on the corner of East 12th Street andComal. That’s the only place Barrs ever sawHopes, he says, a fact that Hopes confirms.“I used to see him around,” Hopes saidrecently, but the two weren’t close.Why Jackson f<strong>in</strong>gered Barrs for theM<strong>in</strong>imax job rema<strong>in</strong>s uncerta<strong>in</strong>, althoughBarrs believes he knows. Just before the robbery,Barrs, although he was married toBetty, had begun a very brief affair with awoman he later learned was a steady girlfriendof Jackson’s. “I kept my eye on himfrom a distance,” Barrs said, “but it didn’thelp me out, because when I met [his girlfriend],it set off a fire under him.” Jacksondied <strong>in</strong> 1993, and Barrs has long s<strong>in</strong>ce losttrack of the girl.Jackson, accord<strong>in</strong>g to both Barrs andHopes, was a skittish guy who’d been <strong>in</strong> andout of trouble for years. When the cops camecall<strong>in</strong>g, Jackson always got nervous. He oftenran, and <strong>in</strong> those days runn<strong>in</strong>g generallyended with a beat<strong>in</strong>g, they said (at least oneformer Aust<strong>in</strong> Police Department cop on thebeat <strong>in</strong> the Seventies confirmed that wouldnot have been uncommon). Barrs says he’sbeen told that whenever the cops squeezedJackson, he told them whatever he could.Barrs believes that when they came call<strong>in</strong>gon the M<strong>in</strong>imax robbery, Jackson not onlygot nervous, he also got even with Barrs.Based on the available record, the storyJackson told police about the robberychanged officially and significantly no lessthan three times, <strong>in</strong>clud<strong>in</strong>g while he was onthe witness stand at Barrs’ trial. Accord<strong>in</strong>g toNapier’s police report, when Jackson wasfirst asked about the robbery he denied any<strong>in</strong>volvement. Later, he said that he andHopes had been hang<strong>in</strong>g at Mart<strong>in</strong>’s DriveInn, a popular East side hangout, when Barrsand his wife rolled up <strong>in</strong> Barrs’ 1961 FordFalcon. Barrs compla<strong>in</strong>ed about not hav<strong>in</strong>gmoney and suggested the foursome commita robbery, Jackson first told police. Jackson’sonly <strong>in</strong>volvement was to drive the group – <strong>in</strong>a gold car that belonged to“I hope thatI can fix it so thatwhen I leave thisearth, I can havea clean slate.”– Ronnie BarrsHopes, he said – and herema<strong>in</strong>ed outside whileHopes, Barrs, and his wifewent <strong>in</strong>to the store.(Jackson’s description ofHopes’ car conflicts withYura’s statement to policejust after the robbery thatthe car she saw was actuallytwo-toned, red and white.)After the shot was fired the three fled,Jackson said, and headed north on I-35.After additional question<strong>in</strong>g, Jacksonchanged his story to say that Hopes hadrema<strong>in</strong>ed <strong>in</strong> the car and that he, Barrs, andBetty went <strong>in</strong>to the store, and that Bettycarried a .22-caliber pistol while Barrswielded the .38 that fired the errant shot. Inthat retell<strong>in</strong>g, Jackson said he made off witha total of $700 and didn’t mention theescape route.On the stand, Jackson’s story morphedonce aga<strong>in</strong>. This time he said there wereabout three people <strong>in</strong> the store dur<strong>in</strong>g therobbery, and that once he and the Barrs were<strong>in</strong>side, Ronnie Barrs ushered everyonebeh<strong>in</strong>d the meat counter, where he madethem all lie down. <strong>The</strong> trio stayed togetherthe entire time they were <strong>in</strong>side, he said, andall three of them went to the manager’sbooth together to get the cash. No one was<strong>in</strong> the booth at the time, he said. <strong>The</strong>y left byspeed<strong>in</strong>g off north on I-35, with Hopesbeh<strong>in</strong>d the wheel.Jackson’s various recorded accounts of thecrime are not only <strong>in</strong>ternally <strong>in</strong>consistent,but strik<strong>in</strong>gly, none of the details from any ofCONTINUED ON P.22City of Aust<strong>in</strong>EnvironmentalAwarenessAwardsNom<strong>in</strong>ate a person or group by March 1 atwww.coolaust<strong>in</strong>.org/awards for mak<strong>in</strong>g a“green” difference <strong>in</strong> Aust<strong>in</strong>’s environment. 50%OFFBIGGERBIGGERBIGGERBIGGERSTRONGERSTRONGERSTRONGERSTRONGERPOLITICS OPINION NEWSaust<strong>in</strong>chronicle.com/newsdeskwww.LoneStarLaserCl<strong>in</strong>ic.com512-637-LASR2111 Dickson Dr., Suite 20, 78704(beh<strong>in</strong>d Kerbey Lane - S. Lamar)SERVING AUSTIN FOR OVER 4 YEARS USING THE MOST STATE-OF-THE-ART LASER TECHNOLOGY IN TEXAS.CALL NOW FOR A FREE CONSULTATION.a u s t i n c h r o n i c l e . c o m JANUARY 15, 2010 T H E A U S T I N C H R O N I C L E 21