Habe Lawson's Wrongful Conviction
In the early 1970s, a jury convicted Curtis Haybert “Habe” Lawson of a murder he claims he did not
commit. Eyewitness testimonies and his previous criminal record persuaded the jury to convict him of
murder.
commit. Eyewitness testimonies and his previous criminal record persuaded the jury to convict him of
murder.
According to the Innocence Project, 2-5% of prisoners are innocent of the crime for which they were
convicted. There are about 2 million prisoners in the U.S. Therefore, according to these statistics,
40,000-100,000 innocent people currently sit behind bars. Although Lawson claimed to be one of these
people, he was never exonerated. Nevertheless, friends, family and Lawson himself - until his death in
2016 - have insisted he was wrongfully convicted. His story exemplifies some of the failings of the
criminal justice system.
convicted. There are about 2 million prisoners in the U.S. Therefore, according to these statistics,
40,000-100,000 innocent people currently sit behind bars. Although Lawson claimed to be one of these
people, he was never exonerated. Nevertheless, friends, family and Lawson himself - until his death in
2016 - have insisted he was wrongfully convicted. His story exemplifies some of the failings of the
criminal justice system.
According to Maurice Possley, the senior researcher for The National Exoneration Registry, there are six
contributing factors to wrongful conviction. These factors are mistaken witness identification, false
confession, false accusation (perjury), false or misleading forensic evidence, official misconduct and
inadequate defense. According to Lawson’s family, friends, and post-conviction lawyers, he was
wrongfully convicted because of three of these factors - mistaken witness identification, false accusation,
and inadequate defense.
contributing factors to wrongful conviction. These factors are mistaken witness identification, false
confession, false accusation (perjury), false or misleading forensic evidence, official misconduct and
inadequate defense. According to Lawson’s family, friends, and post-conviction lawyers, he was
wrongfully convicted because of three of these factors - mistaken witness identification, false accusation,
and inadequate defense.
“I think he was wrongfully convicted,” said David Lane, an attorney who defended Lawson in a
subsequent trial. “I don’t know if he’s innocent, but I don’t think there was, as a matter of law, sufficient
evidence to convict him.”
subsequent trial. “I don’t know if he’s innocent, but I don’t think there was, as a matter of law, sufficient
evidence to convict him.”
According to his wife, Dianne Tramutola-Lawson, Lawson grew up in Harlan County, Kentucky as the
only boy in a family of seven children. Growing up in a poor family, he didn’t even have a pair of shoes
until he was four years old. A few years later, he started to hang around with an older kid who stole things.
Lawson began following his example. When he brought home his stolen goods, he’d say he found them
on the street. His parents never questioned him. At age 9 he was locked up for the first time for stealing a
ham.
only boy in a family of seven children. Growing up in a poor family, he didn’t even have a pair of shoes
until he was four years old. A few years later, he started to hang around with an older kid who stole things.
Lawson began following his example. When he brought home his stolen goods, he’d say he found them
on the street. His parents never questioned him. At age 9 he was locked up for the first time for stealing a
ham.
Lawson’s family, unable to stay in Kentucky after his father, a miner, received the diagnosis of black lung
disease, had to move to a place with better air. After the family moved to Colorado, Lawson continued to
rob and burgle. This eventually led to him serving time in prison.
disease, had to move to a place with better air. After the family moved to Colorado, Lawson continued to
rob and burgle. This eventually led to him serving time in prison.
Lawson had several friends who helped him burgle houses. In the early 1970s, Lawson and one of his
accomplices, Ron Rutherford, were burgling a house in Jefferson County. They failed to disconnect the
alarm, and the police showed up a few minutes later. Rutherford gave Lawson his gun and took off out the
back door. The police came in and a scuffle between Lawson and the police ensued. Lawson’s gun
accidentally went off, and the bullet grazed one of the officer’s pinkies. Lawson took off after the scuffle
and found Rutherford. Rutherford told him he should hide in Louisiana and work at a stable he knew of.
Lawson did just that, and successfully arrived in Louisiana, even though a policeman pulled him over for
a broken taillight on the way.
accomplices, Ron Rutherford, were burgling a house in Jefferson County. They failed to disconnect the
alarm, and the police showed up a few minutes later. Rutherford gave Lawson his gun and took off out the
back door. The police came in and a scuffle between Lawson and the police ensued. Lawson’s gun
accidentally went off, and the bullet grazed one of the officer’s pinkies. Lawson took off after the scuffle
and found Rutherford. Rutherford told him he should hide in Louisiana and work at a stable he knew of.
Lawson did just that, and successfully arrived in Louisiana, even though a policeman pulled him over for
a broken taillight on the way.
While Lawson hid in Louisiana, Rutherford accused him of murdering a man during a different robbery,
and told the police exactly where to find him. According to Lawson’s wife, Rutherford always tried to
“save his own skin,” so he’d throw other people under the bus whether or not the claims had merit. The
police found and arrested Lawson, and took him back to Colorado to stand trial for the murder.
and told the police exactly where to find him. According to Lawson’s wife, Rutherford always tried to
“save his own skin,” so he’d throw other people under the bus whether or not the claims had merit. The
police found and arrested Lawson, and took him back to Colorado to stand trial for the murder.
Bill Newmiller, an Air Force Academy professor whose son was also allegedly wrongfully convicted,
said, “Boy, once you find yourself in a position that you can be tried for something or accused of
something, it’s a deep that hole you’re trying to climb out of.”
said, “Boy, once you find yourself in a position that you can be tried for something or accused of
something, it’s a deep that hole you’re trying to climb out of.”
That is exactly what Lawson endured. Lawson first stood trial for the burglaries and robberies and was
sentenced to 25 to 40 years. He then stood trial for the shooting of a police officer and received a
consecutive life sentence. While Lawson served time in prison, police took a hair sample to use as
evidence in the murder trial. Although modern DNA testing had not yet been developed, police compared
Lawson’s hair to strands found at the crime scene. According to Lawson’s wife, they determined that the
hair samples belonged to either Lawson or Jack Wiggins, one of his accomplices.
sentenced to 25 to 40 years. He then stood trial for the shooting of a police officer and received a
consecutive life sentence. While Lawson served time in prison, police took a hair sample to use as
evidence in the murder trial. Although modern DNA testing had not yet been developed, police compared
Lawson’s hair to strands found at the crime scene. According to Lawson’s wife, they determined that the
hair samples belonged to either Lawson or Jack Wiggins, one of his accomplices.
In a line up, the murdered man’s son identified Wiggins as the murderer, but the man’s widow identified
Lawson as the murderer. Despite the two conflicting eyewitnesses, both men stood trial.
Lawson as the murderer. Despite the two conflicting eyewitnesses, both men stood trial.
During the trial, Wiggins testified, but Lawson did not. According to his wife, Lawson’s original defense
lawyer, Michael Bender, “was not on his side,” and was not trying to help him win.
lawyer, Michael Bender, “was not on his side,” and was not trying to help him win.
Lane, Lawson’s subsequent attorney, said, “I think as a lawyer there was compelling evidence that
Haybert Lawson was not one of the perpetrators in the form of the hair evidence… His lawyer [Bender]
should have put that on. That in my opinion likely would’ve raised a reasonable doubt about his guilt, and
he would have been acquitted. Instead he got convicted because his lawyer did not put that evidence on,
and his lawyer later lied in habeas corpus proceedings claiming that that was a strategic decision that he
made.”
Haybert Lawson was not one of the perpetrators in the form of the hair evidence… His lawyer [Bender]
should have put that on. That in my opinion likely would’ve raised a reasonable doubt about his guilt, and
he would have been acquitted. Instead he got convicted because his lawyer did not put that evidence on,
and his lawyer later lied in habeas corpus proceedings claiming that that was a strategic decision that he
made.”
Bender declined to comment.
This faulty conviction may have resulted from politics, according to Lane; Bender, the original lawyer,
was later appointed to the Supreme Court. Lane believes that Bender did not properly defend Lawson
because he wanted to move up the legal chain.
was later appointed to the Supreme Court. Lane believes that Bender did not properly defend Lawson
because he wanted to move up the legal chain.
“The judiciary is composed of people who are there because politicians appointed them to their jobs. If
you are constantly at war with the police, or the powers that be, you don’t get appointed to a judicial
position. So these judges have an inherent bias, as a general rule, in favor of the police,” Lane said.
you are constantly at war with the police, or the powers that be, you don’t get appointed to a judicial
position. So these judges have an inherent bias, as a general rule, in favor of the police,” Lane said.
After a two-day trial, despite a lack of strong evidence, a jury convicted Lawson of murder. According to
Lawson’s wife, because of his criminal record, many people believed that he must have committed the
crime. However, he and his closest family and friends always maintained his innocence. Lawson’s wife
said that he wasn’t bitter about it; not against the criminal justice system, the widow, or even Rutherford,
demonstrating a capacity to forgive, which she greatly admired.
Lawson’s wife, because of his criminal record, many people believed that he must have committed the
crime. However, he and his closest family and friends always maintained his innocence. Lawson’s wife
said that he wasn’t bitter about it; not against the criminal justice system, the widow, or even Rutherford,
demonstrating a capacity to forgive, which she greatly admired.
Lawson’s wife eventually hired new lawyers - Lane, Greg Walta and Dennis Hartley - to take the case to a
habeas corpus trial - a type of trial that occurs when a defendant’s constitutional rights - in this case the
Sixth Amendment - may have been violated. They lost that trial. They then appealed his case all the way
up to the U.S. Courts of Appeals, but lost that as well. Lawson was never exonerated for a murder that
many people believe he did not commit.
habeas corpus trial - a type of trial that occurs when a defendant’s constitutional rights - in this case the
Sixth Amendment - may have been violated. They lost that trial. They then appealed his case all the way
up to the U.S. Courts of Appeals, but lost that as well. Lawson was never exonerated for a murder that
many people believe he did not commit.
Lawson served time in prison from 1973 to 2001, when the Denver Community Corrections Board
approved his application to live in a halfway house, where he spent 16 months. Following the halfway
house, he spent 18 months at home with an ankle bracelet. Then, after nine applications, the board finally
approved him for parole.
approved his application to live in a halfway house, where he spent 16 months. Following the halfway
house, he spent 18 months at home with an ankle bracelet. Then, after nine applications, the board finally
approved him for parole.
Regarding the difficulties of getting parole in Colorado, Roger Kincade, vice president of Advocates for
Change, said that, in order to receive parole, a prisoner has to have a place to live and income, which a lot
of people in prison do not.
Change, said that, in order to receive parole, a prisoner has to have a place to live and income, which a lot
of people in prison do not.
“They can’t live life in Colorado,” he said.
Despite being denied parole eight times, Lawson was lucky. In 1982, while still in prison, he married, so
he had a place to live after his release from the halfway house. He was on parole for five years, until 2009.
Up until his death in 2016, he spent his time mentoring people coming out of prison from long-term
sentences.
he had a place to live after his release from the halfway house. He was on parole for five years, until 2009.
Up until his death in 2016, he spent his time mentoring people coming out of prison from long-term
sentences.
“That was his passion, he really liked doing that, and he was so helpful… He was a very caring person,
and he would help anyone that needed any help at all,” his wife said. She also admired him for his ability
to forgive those that had caused his alleged wrongful conviction.
and he would help anyone that needed any help at all,” his wife said. She also admired him for his ability
to forgive those that had caused his alleged wrongful conviction.
Lawson claims to be one of tens of thousands of people in the U.S. who have been wrongfully convicted.
Many are never exonerated. According to The National Registry of Exonerations, since 1989, only 2,426
of those 40,000-100,000 innocent people have been exonerated. Tens of thousands of innocent people
waste their lives in prison for crimes they did not commit.
Many are never exonerated. According to The National Registry of Exonerations, since 1989, only 2,426
of those 40,000-100,000 innocent people have been exonerated. Tens of thousands of innocent people
waste their lives in prison for crimes they did not commit.
“It’s a human system, and humans are not perfect,” said Possley, of the National Registry of Exonerations.
“There are mistakes that are accidents, and there are wrongful convictions that are the result of corrupt
acts by people or prosecutors, or the result of pure incompetence… It’s a system by its nature that is
coercive, and the best way to handle your case is to plead guilty… It’s a system that’s heavily weighted
towards prosecution… It’s not the perfect system that everybody has for years said ‘oh it’s the best system
in the world.’ While that may be true that doesn’t mean it’s a great system… It still has lots of room for
improvement.”
“There are mistakes that are accidents, and there are wrongful convictions that are the result of corrupt
acts by people or prosecutors, or the result of pure incompetence… It’s a system by its nature that is
coercive, and the best way to handle your case is to plead guilty… It’s a system that’s heavily weighted
towards prosecution… It’s not the perfect system that everybody has for years said ‘oh it’s the best system
in the world.’ While that may be true that doesn’t mean it’s a great system… It still has lots of room for
improvement.”
No system is perfect, but citizens have a right to a fair trial, and tens of thousands of people wrongfully
convicted is neither fair, nor right. The first step to fix the problem is education, so that the criminal
justice system can do more to fight wrongful convictions in the future.
convicted is neither fair, nor right. The first step to fix the problem is education, so that the criminal
justice system can do more to fight wrongful convictions in the future.
By Sarah Golden
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