UPDATED: September 20, 2024
**Helena, OK** - Twenty-eight years have passed since LeRoy Cornell's life took a tragic turn, and he remains steadfast in his battle for justice. On the evening of May 3, 1997, Cornell was returning home when a prominent Sapulpa attorney, Guy Fitzsimmons, made an illegal left-hand turn into oncoming traffic. Fitzsimmons' vehicle, lacking headlights and seatbelts, and driven with an expired license, collided with Cornell's car.
Guy Fitzsimmons, along with his 33-year-old son Tony, was in the vehicle at the time. Neither had fastened their seatbelts, a stark contrast to Cornell, whose seatbelt likely saved his life. Following the accident, the Creek County Sheriff's Department, Sapulpa Police Department, and Oklahoma Highway Patrol all concluded that Fitzsimmons was at fault due to his illegal maneuver.
Official Accident Report
Despite the clear determination of fault, Cornell was sentenced to 150 years in prison for a fatal accident that he did not cause. Cornell's quest for justice faced significant hurdles. Judge Donald Thompson, who had a longstanding 40-year professional and personal relationship with Guy Fitzsimmons, presided over the case. Thompson declined to recuse himself, raising concerns about impartiality. Additionally, Thompson denied Cornell's requests for a change of venue and substitute counsel.
Adding to the controversy, two months before Cornell's jury trial, major road construction commenced in front of the courthouse, disrupting access and replacing two marble memorials directly on the courthouse lawn. These memorials were dedicated to the victims of the accident, further biasing the jury against Cornell. Despite the evident prejudice, Roy's lawyer failed to request a change of venue, compounding the unfairness of the proceedings.
Memorial
Although Roy Cornell had consumed 2-3 beers earlier that evening, it remains clear that the accident was not caused by his actions. Fitzsimmons, the driver, had just undergone major surgery and had staples in his abdomen. He may have been under the influence of pain medication at the time of the accident, but no blood test was conducted on him.
Cornell even has a statement from a law enforcement officer who would have testified in his defense if his lawyer had called them. These officers would have testified that Roy could not have been speeding on that highway at that time of evening. Nevertheless, Cornell has been in prison for 28 years for an accident that he did not cause. For nearly three decades, he has fought to clear his name and seeks the justice he believes was denied due to systemic biases and judicial conflicts of interest.
Affidavit from Law Enforcement
Adding a troubling layer to the case, Judge Donald Thompson, who presided over Cornell's trial, was later convicted in 2006 of exposing himself while presiding over jury trials by using a penis pump under his robe. Thompson, who had spent almost 23 years on the bench and had served as a state legislator before retiring in 2004, was sentenced to four years in prison. He showed no reaction when sentenced.
While in prison, Roy Cornell has garnered numerous letters of recommendation from Department of Corrections staff. These letters highlight his good work habits and note that he gets along well with staff members.
Cornell’s family and supporters remain resolute in their efforts to seek his exoneration. Delene Smith, Cornell's sister, along with his nephew Chuck Smith, urge anyone who can assist or provide support to contact them.
Contact Information:
- Delene Smith, Sister: (918) 321-3215 or (918) 638-1795
- Chuck Smith, Nephew: (918) 206-9259
- Leroy Cornell #239942: 216 Murray St., Helena, OK 73741
As Cornell continues his fight for freedom, his case underscores the critical need for legal reforms and the importance of maintaining judicial impartiality. A glimmer of hope now shines through Oklahoma's Project Commutation, a group of lawyers based in Tulsa, who are seeking Roy's release through an application for sentence commutation. The path to justice is often long and arduous, but for Roy Cornell, the pursuit is far from over.
After Leroy Cornelll's case was published on our platform a prisoner advocacy group, National Public Awareness has taken Roy's case! This advocacy group has helped free innocent prisoners all across the United States. We are so thankful for them, please visit their website here.