Richard Hickok, executed in 1965 along with Perry Smith for the 1959 murders of four members of the Clutter family of Holcomb, Kansas |
The attorney general argues that the documents belong to the state of Kansas and that their release would invade the privacy of remaining members of the Clutter family, four of whom were murdered in their home near Holcomb Kansas on November 15, 1959.
Nye and McAvoy say the KBI just wants to hide unflattering revelations and that it has embarked on an "intimidation and suppression campaign."
Members of the Clutter family have broken their 50-year policy of silence, to publicly oppose the sale of photos and documents about the case.
The documents plainly contradict one of the most dramatic parts of Truman Capote's pioneering "nonfiction novel" treatment of the case — the interview which convinced the KBI that a jailhouse snitch who fingered Hickock and Smith as the Clutter killers was right:
Nineteen days passed before a prison inmate, Floyd Wells, ...a former employee on the Clutter farm, came forward to announce that one of his former cellmates, Mr. Hickock, had told him he intended to rob and kill the Clutters with the help of Mr. Smith, another ex-convict.
In Mr. Capote's telling, that very evening the KBI dispatched Mr. Nye to the farmhouse of Mr. Hickock's parents. Finding only the parents home, Mr. Nye sits down to coffee with them.
Making no mention of murder, Mr. Nye pretends to be seeking Mr. Hickock only for parole violation and hot-check writing. That tactic induces Eunice and Walter Hickock inadvertently to disclose all manner of incriminating information about their son, including that he recently bought a 12-gauge shotgun, leaning right there against a wall—the same gauge used to kill the Clutters.
"Nye shut his notebook and put his pen in his pocket, and both his hands as well, for his hands were shaking from excitement," Mr. Capote wrote. Within a few hours of receiving the Wells tip, in Mr. Capote's telling, the KBI had essentially confirmed it.
But according to the KBI documents, this isn't how it happened. The documents show that the agency waited five full days after Mr. Wells' statement to visit the Hickock farm, the last known whereabouts of Richard Hickock. When the visit did occur, the documents show, it didn't involve a lone agent venturing in the dark of night to the farm, and being served coffee.
The documents show that four lawmen—three KBI agents and a local sheriff's deputy—converged midday on the farm. They found only the suspect's mother at home. They made no pretense of pursuing a parole violation. Executing a search, they found the shotgun, took it outside and fired it to collect the empty casing for ballistic purposes. They also confiscated clothing that appeared to be smattered with blood.
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