A Coverup That Won’t Stay Covered
by
Paul Craig Roberts
by Paul Craig Roberts
CNN
recently reported that "the Justice Department is re-examining
its investigation into the 1995 death of a federal prisoner that
the victim’s family alleges was murder at the hands of the government."
The
victim was Kenneth Michael Trentadue.
At
7 AM on August 21, 1995, officials from the Oklahoma Medical Examiner’s
office arrived at the new Oklahoma City Federal Transfer Center
for the body of a man recently picked up for parole violation who
allegedly was a suicide by hanging. The astonished state officials
saw a body with scalp split to the skull in three places, throat
slashed, and a body completely covered in blood, bruises and burns.
As
law requires, the officials asked to see the cell in which the alleged
suicide occurred. Federal officials pulled rank and refused on the
grounds that a federal investigation was underway.
A
federal investigation was not underway.
The
state officials told the prison officials that the body’s condition
required FBI notice and protection of the cell as an undisturbed
crime scene. Associate Warden Max Flowers, however, ordered the
cell to be cleaned before any investigation could be done. Flowers
claimed that medical staff informed him that Trentadue was HIV-positive
and that it was urgent to remove the infectious blood.
Trentadue
was not HIV-positive.
Dr.
Fred B. Jordan, the Chief Medical Examiner of the state of Oklahoma,
was stunned at the destruction of evidence by federal authorities
and at the way federal officials blocked his office from carrying
out required duties. In a memo to the file dated December 20, 1995,
Dr. Jordan described his frustration over being stonewalled by top
Department of Justice officials in Washington. He recorded that
he confided to the Assistant U.S. Attorney in Oklahoma City that
"I felt Mr. Trentadue had been abused and tortured."
Two
years later Dr. Jordan said on a Fox News Interview (July 3, 1997):
"I
think it’s very likely he [Kenneth Trentadue] was murdered. I’m
not able to prove it. I have temporarily classified the death as
undetermined. You see a body covered with blood, removed from the
room as Mr. Trentadue was, soaked in blood, covered with bruises,
and you try to gain access to the scene and the government of the
United States says no, you can’t.
"They
[the federal government] continued to prohibit us from having access
to the scene of his death, which is unheard of, until about five
months later. When we went in [the cell] and luminoled, it lit up
like a candle because blood was still present on the walls of the
room after four or five months. But at that point we have no crime
scene, so there are still questions about the death of Kenneth Trentadue
that will never be answered because of the actions of the U.S. government."
Dr.
Jordan’s effort to do his job brought him under great pressure and
harassment from federal authorities. Realizing his peril, on August
25, 1997, Dr. Jordan wrote to IRS Commissioner Margaret Richardson:
"The requirements of my job as chief Medical Examiner for the
State of Oklahoma are currently bringing me into an uncomfortable
juxtaposition with the United States Department of Justice. In order
to protect myself from retribution, I would like information as
to how to request a protective audit from your agency. By this,
I simply mean a standard audit in order to avoid having your agency
used to harass me as I proceed with my inquiries into a death that
directly relates to the Federal Transfer Center in Oklahoma City."
In
a hand written memo to his file dated October 22, 1997, of a telephone
conversation with U.S. Senator Byron Dorgan (D, ND), Dr. Jordan
recorded: "confirmed my feelings that the investigation was
crippled, the decedent was at the least beaten, we haven’t found
the truth and probably won’t, reiterated my lack of trust in the
Fed. gov’t and the Dept of Justice in particular."
Unable
to secure from Dr. Jordan a ruling that Trentadue’s injuries were
self-inflicted, the DOJ sought the cooperation of Dr. Bill Gormley,
Armed Forces Institute of Pathology. Dr. Gormley came to the same
conclusion as Dr. Jordan and came under the same pressures. In a
memo to file dated May 30, 1997, Kevin Rowland, Chief Investigator
in the Oklahoma Medical Examiner’s Office records a telephone call
he had from Dr. Gormley: "The basic purposes for his call was
to 1-find out what they [DOJ] are up to because he was very suspicious,
and 2-ask if I might be able to explain why they only wanted certain
testimony from him, since he told them that we had already given
them the truth. He was troubled that they only seemed interested
in him saying it might be possible these injuries are self-inflicted."
Senator
Orrin Hatch (R, UT) threatened the DOJ with Senate Judiciary Hearings
on the case. However, FBI documents (Dec. 5, 1997 and Jan. 28, 1998)
indicate that FBI agents succeeded in pulling the wool over the
eyes of Senator Don Nickles (R, OK) and using him to prevent Hatch’s
investigation.
Federal
harassment of, and accusations against, Dr. Jordan built to the
point that on March 12, 1998, the Assistant Attorney General of
Oklahoma, Patrick T. Crawley, wrote to the US Department of Justice:
"The
real tragedy in this case appears to be the perversion of law through
chicanery and the misuse of public trust under the guise of some
aberrant form of federalism. In a succession of either illegal,
negligent, or just plain stupid acts, your clients [FBI, DOJ, Bureau
of Prisons] succeeded in derailing the medical examiner’s investigation
and, thereby, may have obstructed justice in this case. As more
and more information is revealed in this case, primarily through
the efforts of Jesse Trentadue [lawyer brother of victim], it appears
that your clients, and perhaps others within the Department of Justice,
have been abusing the powers of their respective offices. If this
is true, all Americans should be very frightened of your clients
and the DOJ."
Despite
the protection of the Oklahoma Attorney General, sufficient pressure
was brought against Dr. Jordan to cause him to abandon his position.
On November 28, 2000, at the civil trial brought by Jesse Trentadue
against the United States, Dr. Jordan was asked: "You didn’t
find any evidence of beating or torture, did you?" He answered:
"No, there is no evidence to substantiate beating or torture."
Despite
Dr. Jordan’s changed testimony, the presiding federal judge in the
Trentadue civil suit saw enough evidence that much was amiss to
award the Trentadue family $1.1 million for suffering harassment
and intentional infliction of emotional distress by the federal
government. But as all evidence of homicide in the case was destroyed,
whether intentionally or negligently, or withheld by the DOJ, the
charge of murder could not be proven.
Whatever
the deal with the DOJ, apparently it only covered Dr. Jordan’s testimony
in the Trentadue civil trial. Two years later on December 11, 2002,
under oath in a subsequent deposition in a libel case brought by
a FBI agent against a magazine that covered the story, Dr. Jordan
said: "Because of the extensive bruising of the body, the cut
throat, and the general appearance of the body, we felt that the
death should be investigated as a homicide." In answer to a
question whether he was harassed by the federal government, Dr.
Jordan answered: "I don’t think there’s any question I was
harassed by the Department of Justice from the very beginning of
this, the 21st of August when we were denied access to do a job
we’d been summoned to do."
A
believer in the system, Jesse Trentadue has not given up. He has
brought a Freedom of Information Act suit against the DOJ. Trentadue’s
suit, rather than a rediscovery of integrity by the DOJ, probably
explains the recent CNN report that the DOJ is reopening the case.
By reopening a criminal investigation, the DOJ does not have to
release the documents demanded by Trentadue’s civil suit.
It
has always been a puzzle why a man picked up on a parole violation
would be murdered in his cell by federal agents. Recently an explanation
has turned up. Kenneth Trentadue might have been a victim of mistaken
identity. Misidentified as the missing John Doe, Tim McVeigh’s alleged
accomplice in the Oklahoma City bombing, he might have been beaten
and tortured in an effort to obtain a confession. The autopsy report
shows Trentadue with a highly elevated caffeine level, amounts certainly
not available to a person held in isolation.
High
doses of caffeine are used to increase pain under torture.
In
trying to find the truth, Jesse Trentadue is a brave man. In the
last of a five-part series on the Trentadue case in the McCurtain
Daily Gazette, J.D. Cash reports that FBI agents, desperate to silence
the Trentadue family, have been conducting a criminal investigation
into Jesse Trentadue for several years. Mr. Cash writes: "Contained
in an internal FBI investigation report obtained by this newspaper,
a FBI agent discusses legal strategies to use against one of their
most vocal and effective critics: ‘by listing Jesse Trentadue as
subject in another investigation, that would place him as a target
of one of our investigations and this would also prohibit Jesse
Trentadue from testifying before the Federal Grand Jury.’"
Law
and order conservatives, who believe that the only wrong ever done
by the criminal justice system is to under-punish the guilty, have
much to learn from the Trentadue case.
For
more information on the case and for photos of the brutally beaten
body of Kenneth Trentadue, visit www.McCurtain.com
and www.deathrowspeaks.info/torture.html.
December
3, 2003
Dr. Roberts [send him mail]
is John M. Olin Fellow at the Institute for Political Economy, Senior
Research Fellow at the Hoover Institution, Stanford University,
and Research Fellow at the Independent Institute. He is a former
associate editor of the Wall
Street Journal and a former assistant secretary of the U.S. Treasury.
He is the co-author of The
Tyranny of Good Intentions.
Copyright
© 2003 Creators Syndicate
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