Joe Arridy

Joe Arridy
Arridy's mug shot
Born	(1915-04-29)April 29, 1915 Pueblo, Colorado, U.S.
Died	January 6, 1939(1939-01-06) (aged 23) Colorado State Penitentiary, Cañon City, Colorado, U.S.
Cause of death	Execution by lethal gas
Nationality	American
Known for	Falsely accused, wrongly convicted and executed for rape and murder of a 15-year-old girl
Criminal penalty	Execution by lethal gas
Criminal status	Executed ((1939-01-06)January 6, 1939) Pardoned (2011)
Parents	Henry Arridy (father) Mary Arridy (mother)

Joe Arridy (/ˈærɪdi/; April 29, 1915 – January 6, 1939)^[1][2] was a young American man known for having been falsely accused, wrongfully convicted, and wrongfully executed for the 1936 rape and murder of Dorothy Drain, a 15-year-old girl in Pueblo, Colorado. He was manipulated by the police to make a false confession due to his mental incapacities. Arridy was severely mentally disabled and was 23 years old when he was executed on January 6, 1939.

Many people at the time and since believed that Arridy was innocent. A group known as Friends of Joe Arridy formed and in 2007 commissioned the first tombstone for his grave. They also supported preparation of a petition by David A. Martinez, Denver attorney, for a state pardon to clear Arridy's name.

In 2011, Arridy received a full and unconditional posthumous pardon by Colorado Governor Bill Ritter (72 years after his death). Ritter, the former District Attorney of Denver, pardoned Arridy based on questions about the man's guilt, and what appeared to be a coerced false confession.^[3][4][5] This was the first time in Colorado that the governor had pardoned a convict after execution.

Early life

Joe Arridy was born in 1915 in Pueblo, Colorado, to Henry and Mary Arridy, recent immigrants from Syria, who were seeking work. They did not speak English. Henry took a job with a major steel mill in Pueblo that he learned was hiring workers.^[2] Arridy was late to start speaking as a boy and never spoke in sentences of more than a few words. After he attended one year at elementary school, his principal told his parents to keep him at home, saying that he could not learn. After losing his job a few years later, his father appealed to friends to help him find a place for his son. Arridy was admitted at the age of ten to the State Home and Training School for Mental Defectives in Grand Junction, Colorado, where he lived on and off until becoming a young adult. Both in his neighborhood and at the school, he was often mistreated and beaten by his peers. He left the school and hopped on freight railcars to leave the city, ending up at the age of 21 in the railyards of Cheyenne, Wyoming, by late August 1936.^[1]

Attack

On August 14, 1936, two girls of the Drain family were attacked while sleeping at home in Pueblo, Colorado. Both 15-year-old Dorothy, and her 12-year-old sister Barbara Drain were bludgeoned by an intruder with what was believed to be a hatchet. Dorothy was also raped; she died from the hatchet attack, while Barbara survived.^[3]

Arrest and conviction

On August 26, 1936, Arridy was arrested for vagrancy in Cheyenne, Wyoming, after being caught wandering around the railyards. The county sheriff, George Carroll, was aware of the widespread search for suspects in the Drain murder case. When Arridy revealed under questioning that he had traveled through Pueblo by way of a train after leaving Grand Junction, Colorado, Carroll began to question him about the Drain case. Carroll said that Arridy confessed to him.^[6]

When Sheriff Carroll contacted the Pueblo police chief Arthur Grady about Arridy, he learned that they had already arrested a man considered to be the prime suspect: Frank Aguilar, a laborer from Mexico. Aguilar had worked for the father of the Drain girls and been fired shortly before the attack. An ax head was recovered from Aguilar's home.^[6] But Sheriff Carroll claimed that Arridy told him several times he had "been with a man named Frank" at the crime scene.^[6]

Frank Aguilar later confessed to the crime and told police he had never seen or met Arridy. Aguilar was also convicted of the rape and murder of Dorothy Drain, and sentenced to death. He was executed in 1939.^[3][7]

After being transported to Pueblo, Arridy reportedly confessed again.^[8]

When the case was finally taken to trial, Arridy's lawyer tried to gain a plea of insanity to spare his defendant's life. Arridy was ruled to be sane, while acknowledged by three state psychiatrists to be so mentally limited as to be classified as an "imbecile", a medical term of the time. They said he had an IQ score of 46, and the mind of a six-year-old.^[6] They noted he was "incapable of distinguishing between right and wrong, and therefore, would be unable to perform any action with a criminal intent."^[1][2]

Arridy was convicted, largely because of his false confession.^[6] Studies since that time have shown that persons of limited mental capacity are more vulnerable to coercion during interrogation and have a higher frequency of making false confessions. There was no physical evidence against him. Barbara Drain, the surviving sister, had testified that Frank Aguilar had been present at the attack, but not Arridy. She could identify Aguilar because he had worked for her father.

Appeals

Attorney Gail L. Ireland, who later was elected and served as Colorado Attorney General and Colorado Water Commissioner, became deeply involved as defense counsel in Arridy's case after his conviction and sentencing. While Ireland won delays of Arridy's execution, he was unable to gain overturning of his conviction or commutation of his sentence. He noted that Aguilar had said he acted alone, and medical experts had testified as to Arridy's mental limitations. Ireland said that Arridy could not even understand what execution meant. "Believe me when I say that if he is gassed, it will take a long time for the state of Colorado to live down the disgrace," Ireland argued to the Colorado state Supreme Court.^[6] Arridy received nine stays of execution as appeals and petitions on his behalf were mounted.^[7]

Execution

While held on death row during the appeals process, Arridy often played with a toy train,^[9] given to him by prison warden Roy Best. The warden said that Arridy was "the happiest prisoner on death row."^[7] He was liked by both the prisoners and guards. Best became one of Arridy's supporters and joined the effort to save his life.^[6] He said of Arridy before his execution: "He probably didn't even know he was about to die, all he did was happily sit and play with a toy train I had given him."^[1]

For his last meal, Arridy requested ice cream. When questioned about his impending execution, he showed "blank bewilderment".^[7] He did not understand the meaning of the gas chamber, telling the warden "No, no, Joe won't die."^[10] He was reported to have smiled while being taken to the gas chamber. Momentarily nervous, he calmed down when the warden grabbed his hand and reassured him.^[7][11]

2011 posthumous pardon

Arridy's case is one of a number that have received new attention in the face of research into ensuring just interrogations and confessions. In addition, the US Supreme Court ruled that it was unconstitutional to apply the death penalty to convicted persons who are mentally disabled. A group of supporters formed the non-profit Friends of Joe Arridy and worked to bring new recognition to the injustice of his case, in addition to commissioning a tombstone for his grave in 2007.

Attorney David A. Martinez became involved and relied on Robert Perske's book about Arridy's case, as well as other materials compiled by the Friends, and his own research, to prepare a 400-page petition for pardon from Governor Bill Ritter, a former district attorney in Denver. Based on the evidence and other reviews, Governor Ritter gave Arridy a full and unconditional pardon in 2011, clearing his name.^[3][4]

Legacy

In June 2007 about 50 supporters of Arridy gathered for the dedication of a tombstone they had commissioned for his grave at Woodpecker Hill in Cañon City's Greenwood Cemetery near the state prison.^[6]

Representation in other media

• Arridy was the subject of a 1944 poem, "The Clinic", by writer Marguerite Young. She was best known for her novel Miss MacIntosh, My Darling (1965).^[6]
• Robert Perske wrote Deadly Innocence? (1964/reprint 1995) about Arridy's case after conducting research on it and similar cases for years. He had tracked down the author of the 1944 poem before Young's death.^[6] His book also explores other cases in which defendants were classified as disabled, and implications for police and the justice system.^[12]
• In 2007–2008 producers Max and Micheline Keller, George Edde, and Yvonne Karouni, and Dan Leonetti, screenwriter, announced plans to make a film about Arridy and Gail Ireland, to be called The Woodpecker Waltz.^[6] Leonetti won a New York screenwriting award for his screenplay, which attracted attention by producers.
• Terri Bradt wrote a biography of her grandfather, Gail Ireland: Colorado Citizen Lawyer (2011).^[13] She was proud of his defense of Arridy, and began to work with the Friends of Joe Arridy on making his cause more widely known.

See also

• Capital punishment in the United States
• List of wrongful convictions in the United States

References