Gary McAvoy - And Every Word Is True

AND

EVERY

WORD

IS TRUE

Gary McAvoy

2019

Copyright 2019 by Gary McAvoy

All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, please contact the publisher at the addresses below.

Hardcover ISBN 978-0-9908376-0-2

Paperback ISBN: 978-0-9908376-1-9

ebook ISBN: 978-0-9908376-3-3

Library of Congress Control Number: 2018911995

Publishers Cataloging-in-Publication Data

Names: McAvoy, Gary, author.

Title: And Every Word is True / Gary McAvoy.

Description: Includes bibliographical references and index. | Bremerton, WA: Literati Editions, 2019.

Identifiers: LCCN 2018911995 | ISBN 978-0-9908376-0-2 (Hardcover)

| 978-0-9908376-1-9 (pbk.) | 978-0-9908376-3-3 (ebook)

Subjects: LCSH MurderKansasCase studies. | MurderKansasOlathe. | CrimeUnited StatesHistory20th century. | Kansas Bureau of InvestigationHistory. | Law enforcementKansasHistory. | Capote, Truman, 1924-1984. | BISAC TRUE CRIME / Murder / Mass Murder | TRUE CRIME / Historical

Classification: LCC HV6533.K3 M3 2019 | DDC 364.1/523/0978144dc23

Published by:

Literati Editions

PO Box 5987

Bremerton, WA 98312-5987

Email: info@LiteratiEditions.com

Visit the authors website at www.garymcavoy.com

Cover design by John Burgess/2Seventy

Printed in the United States of America

Every effort has been made to determine legitimate ownership of all copyrighted material, including photographic images for which copyright protection has expired or was never registered. The author and publisher regret any inadvertent errors and offer to make corrections in future printings.

NOTE TO THE READER

This book is the result of over six years of research relying on a generous collection of source material, including the personal investigative notebooks of Kansas Bureau of Investigation Special Agent and former director Harold R. Nye; official State of Kansas law enforcement reports, prison records, photographs, and other largely-inaccessible documents published here for the first time, as permitted by Kansas court ruling; reports found in the preserved files of the Finney County Sheriffs office, including photos, copies of KBI investigation reports, copies of memoranda written by local police and KBI investigators; the original research papers of Truman Capote and Nelle Harper Lee archived in the New York Public Library and the Library of Congress, and the product of that research, Capotes nonfiction novel In Cold Blood ; Richard Hickocks Death Row letters; Perry Smiths personal journals and correspondence; publicly available records and news reports; books and articles published over the past 60 years specific to the subject matter; and extensive interviews with scores of individuals related to the events or hypotheses contained herein. Where appropriateand without revealing the identity of certain sources who have requested anonymityall references are cited in the narrative or in endnotes. Unless otherwise attributed, opinions expressed in this work are solely those of the author.

Gary McAvoy

This book is dedicated to

the career and memory of

Harold R. Nye

In Cold Blood is the story of these six peoplethe Clutters, who died together November 15, 1959, and Perry Smith and Richard Hickock, who were hanged April 14, 1965. And my book is the story of their lives and their deaths. Its a completely factual account and every word is true.

Truman Capote

Capote has, in short, achieved a work of art. He has told exceedingly well a tale of high terror in his own way. But, despite the brilliance of his self-publicizing efforts, he has made both a tactical and a moral error that will hurt him in the short run. By insisting that every word of his book is true he has made himself vulnerable to those readers who are prepared to examine seriously such a sweeping claim.

Phillip K. Tompkins [1]

Table of Figures

Acknowledgments

H aving just one name on a books cover as the author is never quite accurate, since no writer works in a vacuum. Invariably each of us turns to others, to hear or read the words we write, or just patiently listen to our grousing about such a solitary process. I am guilty on both counts.

In a very literal sense, this book would never have been possible without the new friend I made in Ron Nye, when in 2012 he turned to me in a time of need to reluctantly sell his fathers books and letters from Truman Capote, an innocent effort that landed us both in court for the next four years. His patience and faith in the process were rewarded, but at great cost to both of us. Ron kept me motivated even at our lowest points, and for that I will be forever grateful. I hope this book gives him and his family closure on the churlish actions of an ungrateful State.

Nor would these pages have seen the light of day were it not for our tenacious legal team, Yale Lewis of Hendricks & Lewis in Seattle, and Tai Vokins of Sloan Law Firm in Lawrence, Kansas, who fought our battle with Kansas in protection of our First Amendment rights. Their business partners (and respective spouses) Kate Hendricks and Krystal Vokins also deserve credit for their essential contributions of time and expertise. Yale, in particular, was a constant presence throughout, and for his support, encouragement, and genuine caring on a daily basis, I owe him a debt beyond words. And Tais obliging skill at unearthing hidden material gives new meaning to the word discovery . To His Honor Judge Larry Hendricks, whose patience with and understanding of the complex issues in our case led him to rule in our favor, making him (in my estimation) the wisest jurist in the land.

Sally Keglovits, my unfailing sister in crime, went above and beyond her calls of duty with enthusiasm and without complaint. Her trips to the New York Public Library for fact-checking, her sensible guidance on dealing with the criminal mind, her cautions on where to draw the line, and her pumpkin pretzel pie will never be forgotten.

My trusted friend and brilliant editor, Phil Shallat, deserves much of the credit for making me sound smarter than I am. Editorial tussles are legendary, but despite occasional stubbornness to have it my way, his way usually prevailed.