In Cold Blood in Depth
May 20, 2015
Sophomores were assigned to read the nonfiction novel, In Cold Blood by Truman Capote, in their English classes. This novel covers a real murder case in a small town called Holcomb that is located in southwest Kansas.
The novel In Cold Blood is about the Clutter family, who are known to be a well respected and rich family in Holcomb, that was tragically murdered in their home. One of the killers was told by their fellow inmate Floyd Wells that the Clutter home had loads of money and got a hold of his friend Perry Smith who recently got out of jail to go to the Clutter home to rob them. The two went to the home and did not find any money. After a frustrated thorough search of the house and no avail with the money, Perry Smith and Dick Hickock murdered the entire Clutter household and ran off to Mexico. They eventually came back to the United States and were convicted of the murder.
A lawyer named Robert Bingham worked on the murder case as Perry Smith’s lawyer.
The Kansas state court deemed Perry Smith and Dick Hickock guilty of the murder of the Clutter family. It was almost impossible for Perry Smith’s lawyer to get Smith out of death row with the public outrage.
Robert Bingham was a lawyer at the firm: Stanley, Schroeder, Weeks, Thomas & Lysaught. His partner, Richard Millsap, was interviewed for a first hand experience about the case in the novel.
During the Clutter Family murder case, there were three men on death row in the state prison in Lansing, Kansas. Bingham had represented Perry Smith, but both Perry Smith and Dick Hickock were put on death row and found guilty for their crime.
“They had more confidence in our firm than the state prosecutor”
“We were the largest firm maybe in the whole state, certainly larger than any other firm in Topeka or Kansas City. We had more lawyers.”
Although this case was greatly publicized, the case itself was not any different than any other case.
“We know there are good people, and bad people. Actually, we didn’t get in the Clutter case in the beginning. That happened in Holcomb, Kansas. Murder is ordinarily a state crime, not a federal crime.”
This murder was not up to the federal court until later on. These types of typical murder cases were up to the state government to handle at first. The reason why this case was moved to the federal court system is by making the claim of bad representation in the state court.
“This Clutter case was more of a common state murder and it started in a state court in Holcomb, Kansas and they were convicted” explained Millsap.
“A lawyer can get a case moved into the federal court system if he knows how, and most lawyers know how. You can make a claim that they did not have good representation, you can claim that their federal civil rights were violated, and have the court transferred to the federal system.”
One of the federal judges came from the law firm that represented Perry Smith and gave their firm that court case to make it seem like he wasn’t showing “favoritism.”
“We got a lot of appointments that were troublesome of our time. You know in those days, we didn’t even get paid for those court cases.”
“In representing Perry Edwards Smith, we did not get paid. We volunteered our time. We took his case and gave him every right he had under the law. Which included an appeal to the United States Supreme Court and we made that appeal to him. We even had to go to Washington D.C. to argue, or plead if you will, plead his case in front of the United States Supreme Court at our expense.”
“If the court appoints you. You have to do it, unless you have some other damn good reason.”
In his own personal opinion, Millsap believed Perry Smith were guilty.
“Yes I thought he was guilty, but that doesn’t mean you don’t represent a client just because you think they’re guilty.”
Millsap has also read the book In Cold Blood and interacted with the author. “Truman Capote used to call our office almost every day to get more information,” Millsap stated. “All he was interested in was making money off the case by writing a book. He had a high pitched voice, he would call the office like this *high pitched voice* “Hello, this is Truman.” He would want more information.”
The sophomores who read In Cold Blood also responded to the non-fiction novel and how they felt about it. Samantha Stunkel, a Sophomore had said:
“The book exposed us to how people aren’t how they seem to be. You would think that they would try to better themselves.”
She was surprised when she found out this murder took place in Kansas.
“I imagined nothing happens in Kansas.” Said Stunkel.
Stunkel, however believes that rather than being put to death, they should have been other consequences.
“Instead of being sentenced to death, I feel like they should be put in a psych home.” Said Stunkel.
Another sophomore, Megan Patro, commented on the book and her reactions to it.
“Honestly this surprised me at first, I was interested because we were actually known for something.” Surprised by the outcome of the novel, she continued by saying “This book was really a reality check. Nothing is as it seems.”
Megan Barry also thought the book was interesting, especially since there was such a plot twist to the murder.
“It was surprising. Perry did kill all of them, even though Perry was the sensitive one.”
Barry thought learning about the murderers gave her more information about them as a person. “I like the background checks we do, because we get to know the criminals.” Said Barry. “It didn’t seem like their motive was to kill.”
Featured Image courtesy of bookrapsody