The Oklahoma Court of Criminal Appeals has overturned a lower court’s decision that had excluded Karl Fontenot’s 1984 murder confession from his upcoming retrial. Attorney General Gentner Drummond described the ruling as an important development, stating it allows the State to present its full case in court.
Fontenot was previously convicted twice by Oklahoma juries for the murder of Donna Denice Haraway, a 24-year-old convenience store clerk and aspiring teacher from Ada. After his second conviction, Fontenot accepted a sentence of life without parole in exchange for waiving jury re-sentencing. However, federal courts later ordered a new trial after determining that prosecutors had withheld evidence during earlier proceedings.
Before the new trial began in February 2024, the trial court suppressed Fontenot’s confession based on prior federal findings, without hearing additional evidence or testimony from state witnesses. The Attorney General’s Office appealed this suppression.
In its decision, the Court of Criminal Appeals found that the district court acted improperly by excluding the confession before trial. The appellate court stated that decisions about whether confessions are admissible should be made during trial after both sides have presented their evidence.
“This decision upholds the fundamental principle that both parties are entitled to present their evidence at trial,” said Drummond. “The State must have the opportunity to present corroborating evidence before a court rules on the admissibility of a confession. This case involves the brutal murder of a young newlywed with her whole life ahead of her, and justice demands that we be allowed to present our case in full.”
The case will now return to district court for further proceedings. Fontenot remains presumed innocent unless proven guilty in court.
