Federal courts have found a man’s videotaped confession in the 1984 death of an Ada convenience store clerk to be almost entirely false but the state of Oklahoma is still fighting in court over whether it can be used against him in a new trial.

The confession is one of the few remaining pieces of evidence the state has against Karl Fontenot in the abduction and killing of Donna Denise Haraway. Fontenot, 60, and Tommy Ward, 64, were twice-convicted of the kidnapping and murder of Haraway, who went missing from McAnally’s convenience store in Ada on April 28, 1984. The two men were arrested for the crime in months later after both allegedly confessed to investigators that they had kidnapped, raped and murdered Haraway. The case was the subject of the 2006 John Grisham book and a popular 2018 Netflix documentary The Innocent Man.

In their Dec. 20, 2024 briefing to the state appeals court, Fontenot’s attorneys pointed out that more than two and a half years have passed since the state’s attempt to have the federal appeals court’s decision overturned was denied, opening the door to refiling charges against Fontenot.

“Now, 926 days later, the State has not retried Mr. Fontenot, or set a trial date for Mr. Fontenot, or uncovered any new evidence that implicates Mr. Fontenot in the abduction of Denise Haraway,” the brief states. “In fact, the State of Oklahoma has stipulated to the absence of any new evidence on February 23, 2024, and admitted that the loss of evidence admitted at the previous trial, and the unavailability of many witnesses has compromised both side’s ability to move forward with the case.”

Today on the podcast we're joined by Frontier reporter Clifton Adcock, to update us on the cases against Fontenot and Ward.

This is Listen Frontier, a podcast exploring the investigative journalism of the Frontier and featuring conversations with those on the frontlines of Oklahoma’s most important stories. Listen to us Apple Podcasts, Spotify, and Stitcher.

To donate to The Frontier and help support our efforts to grow investigative journalism in Oklahoma, click here.