S t e v e n L.
R i n e h a r t
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Judge
David Winder
District
of Utah
Dear
Judge Winder:
I spoke with you before Christmas about
the radio program we are planning on Richard Floyd McCoy. As we discussed, I host a talk radio program
on K-TALK, AM 630, on Saturdays that explores historical, political, religious
and cultural topics related to
We would be very grateful for an interview with
you about your perspective on the McCoy case, which we would like to play on
the air, and which will be posted on an internet website going up in February
that will archive information for future visitors, a portion of which will have
interviews, links and documentation about McCoy (www.stevenrinehart.com and www.ToFormAMorePerfectUnion.com).
The McCoy
case is interesting for a lot of reasons in retrospect. From the sheer audacity of its execution, to its
similarities with the D.B. Cooper case, to McCoy’s death after his conviction,
it’s a tale likely to endure in
You represented McCoy from 1972 - 1974. As a law graduate myself, I understand that
your attorney-client relationship endures to this day, and that there may be
other sensitive issues arising from your judgeship. I respectfully submit the attached questions for
your consideration. If any make you uncomfortable we’ll certainly
forgo them. If you agree to the
interview, which we will record digitally, I will provide you with a CD of the
interview afterwards for review if you would like it, and I will delete any
responses as you instruct. The remainder
will be played on the air, condensed for time restraints, and posted in its
entirety on the Internet.
Respectfully Yours,
Steven Rinehart
- PROPOSED
QUESTIONS -
GENERAL QUESTIONS
Following Introductions
1. Why were you the defender assigned to
represent Richard Floyd McCoy?
2. What were your initial impressions of
the skyjacking before being assigned to the case?
3. What was the public response to the
McCoy and the skyjacking at the time?
4. Was it hard to find jurors who didn’t
already have an opinion of the case during jury selection?
5. Would you agree the most serious evidence
against McCoy was the money found in his closet? You tried to have this evidence, plus the gun,
grenade and parachute used in the skyjacking, suppressed because of
irregularities with the search warrant used to seize them, including the wrong
person signing a supporting affidavit for probable cause. Ritter acknowledged some merit to your
motion, but denied it anyway. Would the
outcome of the case have been different if Ritter granted your motion?
6. Would a plea bargain have been offered
if the motion were granted? Was it? Did you expect the 10th Circuit
Court of Appeals to remand the case? Did
you expect the Supreme Court to grant cert?
7. Three decades later, in your current
capacity as a District Court Judge, would you grant or deny that same motion
you filed in 1972 if you were presiding in the McCoy case?
8. Was his forty-five year sentence, the
maximum, to McCoy fair? Why or why not?
9. Why didn’t Ritter grant your Rule 35
motion to reduce McCoy’s sentence to 20 years?
Sentencing guidelines didn’t exist at the time, and federal prisoners
could still be paroled. How much time
would McCoy have served if his sentence were reduced?
10. What is Judge Ritter’s reputation around
the Federal Courthouse? Is it better or
worse than his reputation in the legal community was outside the
courthouse?
11. Several prominent politicians tried to
have Judge Ritter removed from the bench -- not because he lacked the legal
intellect or ability, but because he may have harbored strong prejudices against
12. Did you hope the psychiatrists you put on
the stand, Hubbard and McDonald, would have a stronger effect on the jury?
13. The morning you made your closing
arguments, the Supreme Court ruled the death penalty unconstitutional, sparing
McCoy execution. Would McCoy have gotten
death? Would the jury have recommended
it?
14. Why, in your opinion, what reasons might
McCoy have had to hijack flight 305? Was
he under pressures to do so?
15. We’d
like to ask you some questions about McCoy’s wife and family, if possible. It’s a sensitive subject because Karen sued
the
To your knowledge, did
Denise, and/or Karen McCoy, become romantically involved with any of the
authorities prosecuting or investigating McCoy?
Did they share criminal culpability for anything that happened from the
hijacking to McCoy’s death? Was McCoy
being pressured by them in ways that encouraged him to seek criminal solutions
to his family’s financial problems?
16. Who was most responsible for turning
Richard in? Was it his UHP friend? Denise?
Karen? Did Denise want to collect
the $50,000 reward for turning McCoy in?
17. Can
you share any thoughts on Karen, Denise, their family or McCoy’s family?
18. Did
you maintain contact with McCoy after his sentencing?
19. To the extent you can discuss it, do you
believe McCoy was responsible for the D.B. Cooper skyjacking in 1971? Bernie Rhodes and Russell Calame
wrote a book, D.B. Cooper: The Real McCoy,
that tells the McCoy story and which list numerous facts that compel that
conclusion he was Cooper.
20. Your cousin, also named Dave Winder, attended
Stanford with a disreputable Army Lieutenant named D.B. Cooper? McCoy was in the Army. Did this man have anything to do with McCoy,
or did McCoy know of him?
21. Has your impression of McCoy changed over
the decades, or stayed the same over the years?
22. Are there any other interesting details
of the case that have never been released, or are not widely known, that you
can share or comment on?
23. What other similar cases have you seen in
your career in the judiciary? Have you
ever been involved with any other cases, as a defender or judge, in which the
defendant acted as audaciously as McCoy?
We received this response:
__________________
Dear Mr. Rinehart:
I attempted to reach you by telephone,
but was unsuccessful. I
wanted to get this message to you as
soon as possible so you can make
alternate plans for your program.
After considering your request for an
interview concerning
Richard
Floyd McCoy, I have determined
that, for health reasons and a rather
demanding court calendar over the next few
weeks, I must decline to
participate.
As you know, these events occurred well
over thirty years ago,
and
I simply do not have the time and
resources to make adequate research
and
refresh my memory.
Your suggested interview questions are
certainly insightful. I
hope you will be able to find the
information you need to present the
program as you would like to do.
Thank you for your courtesies. I apologize that I am unable to
participate.
DAVID K. WINDER