Norma Jean Croy

This is a true Story.

Stories sent to me by: Little Red Hawk
on Dec. 31st. 2001




True Story of Norma Jean

"I am Norma Jean's brother Patrick Hooty Croy.
I was convicted at the same time as my sister.
I was sent to death row where I spent many years
awaiting execution. In my retrial it was proven that
I shot Officer Bo Hittson in self-defense.
This acquittal has clearly exonerated my sister.
The prison parole board refuses to recognize any evidence
surrounding the acquittal. Norma Jean is the only one still doing time."
July 16, 1978: It was high summer in Yreka, California and the town
was celebrating the weekend with a street fair and dance.
Norma Jean Croy was 24. Along with some friends and relatives,
this Native Shasta woman was also enjoying the weekend.
Visiting from home to home, laughing, watching movies, relaxing on
the hot summer night. They decided it would be good to go get pufitch
night at her Grandma's place out in the country.
First off, they needed some food and cigarettes at a local all-night store.
It was near midnight.
The clerk at the convenience store was working the night shift,
hoping his application at the police department would be approved soon.
It was hot that night, maybe too hot. When Norma Jean, her brother
Patrick Hooty Croy and three of their relatives (ages 17- 26) stopped at the store
the clerk became verbally abusive, mistakenly accusing Hooty of short-changing him.
Norma and 18-year-old Carol Thom defended Hooty against the verbal onslaught.
Hooty did not want any trouble, he left the store. The clerk became physically and
verbally abusive with Norma Jean and Carol. A scuffle broke out.
A squad car rolled into the parking lot. One of those coincidences.
The clerk yelled "Get them", and then came the chase.
"There's a carload of Indians," the police radio barked across Siskiyou County.
One cousin, Darrell, just waking up in the back seat had the bright idea that he'd
shoot out the headlights of the pursuing squad car. He picked up the .22 rifle as
Hooty drove the old Pontiac. By the time they reached Grandma's, Darrell had
managed to fire one bullet. He hadn't even hit the squad car, much less his target.
When the got to Grandma's, Norma Jean, Hooty and Darrell fled into the hills.
The other two, Carol and 17-year-old Jasper (who had been asleep until arrival at Grandma's)
attempted to turn themselves in to the police. The police responded by beating Jasper and
handcuffing him and Carol in the line of fire.
Fifteen squad cars and 27 officers came to the scene. The police had military style
semi-automatic weapons: M-16's, AR-15's, "riot shotguns", and .357 magnum pistols,
shooting at "ANYTHING that moved". The Indians had one .22 caliber rifle and a
handful of bullets. Memories of Captain Jack and the Modoc nation standoff against the
US Cavalry whispered in the air.
Norma Jean, Hooty and Darrell continued to try and find cover in the sagebrush.
Norma Jean got hit first, shot in the back. An officer was hit in the hand.
Trying to surrender, Darrell was shot in the groin. During a de facto cease-fire, Hooty approached the cabin to check on his Grandmother and Aunt.
There was a death. Yreka police officer Bo Hittson, who had been drinking prior to arriving
on the scene saw Hooty attempting to get into the window of the cabin. One bullet hit Hooty in
the lower butt and traveled down his leg, where it remains to this day. The other bullet entered
through the back of his upper arm, bursting out the front. Hooty turned and shot--
one bullet from the .22 which hit the officer in the heart. The officer died instantly.
Hooty crawled to some storage shacks by the cabin, seeking shelter.
Several police officers opened fire with semi-automatic weapons.
Twice they spewed the bullets into the area where Hooty lay bleeding.
By some miracle, Hooty survived. By dawn the dust cleared. The police
had fired an excess of 200 rounds into the area.
Only 6 .22 shots had been fired by the Indians.
Hospitals...Jail time...Trials. Penitentiaries. Jasper
(a juvenile who ended up in adult court), got six years.
Carol Thom was turned over to the California Youth Authority and
separated from her baby daughter for 3 years.
Darrell got 6 years. Norma Jean got life. Hooty got the death penalty.
That was a long time ago. Today, all the Indians except for Norma Jean
are out of prison. Hooty, in 1985, was granted a new trial by the California Supreme Court,
and was found NOT GUILTY by reason of self-defense in May of 1990. With no release date,
Norma Jean has been in prison for 12 years. [pg: at the time this was written. It's 17 years now.]
A victim of gross miscarriage of justice, Norma Jean, unarmed in the racially-charged
encounter, is still behind bars.

Here's what Hooty's (second) trial judge said:
"I think that when Norma Jean comes up for a parole hearing again,
that the board should take into consideration the fact that this court, at least,
believes Normal Jean Croy would have been found Not Guilty....I want the record
to be clear that this is my judgement, my opinion, having heard the evidence in this case.
" -- Judge Edward Stern, Hooty's trial judge, San Francisco, May, 1990

But when Norma Jean went before her parole board, they refused to consider
the evidence which had come out at the new trial, or the trial judge's opinion.
She was given no release date then, told to return in several years for another hearing.
She was denied release date in 1992, 1993, 1994. Should have another hearing in 1995,
but her attorney believes prison crowding will delay it till Spring, 1996. Also believes no
release will be set then. See DEFENSE COMMITTEE NEWS page.
Norma Jean and Hooty were both convicted in Placer County by an all-white jury of first
degree murder, conspiracy to commit murder, attempted murder, assault on officers, and robbery
in August of 1979. Norma Jean was sentenced to life, on some of the charges, long terms on others.
Hooty received the death penalty. Their appeals went to different courts with different results.
Hooty was granted a new trial at the end of 1985, Norma Jean's convictions were affirmed by a lower
appeals court. Hooty's change of venue was considered a landmark case;
Norma Jean's venue change was denied.

At Hooty's second trial, in San Francisco, evidence was presented which the 1979 jury
had not heard on a dual system of justice for Indians, a background of racism in the community
where the incidents occurred, misconduct by law enforcement officers, and most importantly,
that Hooty had shot officer Hittson in self- defense. Hooty was found not guilty of all charges,
murder, attempted murder and robbery.





International Indigenous People's
1993 Resolution Supporting Norma Jean Croy
WHEREAS Norma Jean Croy, 39, now serving a life sentence for a
murder conviction in 1978, has been imprisoned as a political prisoner since she
was 24, longer than any other Indian man or woman associated with the
struggle for Native rights and sovereignty;

WHEREAS the facts of Norma Jean's case clearly indicate she was shot in the
back by police officers who surrounded a relative's house and began shooting at
Norma Jean, her brother, Patrick "Hooty" Croy and old people in the house,
the said police officers attacking these people in force after a minor verbal
altercation with a store clerk mainly as part of the government assault on the
American Indian Movment that followed the FBI incident at Oglala;

WHEREAS over 200 shots were fired in the assault, one office was killed by Patrick,
and Patrick was shot twice from, and Patrick was convicted of murder,but won a new
trial in 1985 after many years ofsupport efforts, at which he was acquitted, a
nd the jurors and trial judge said that Norma Jean would have been aquitted
by them too, if she had been on trial;

NOW THEREFORE BE IT RESOLVED that Norma Jean Croy should receive
an Executive pardon, since it has never even been alleged that she had anything
to do with the officer's death other than being there and being shot in the back.
AND BE IT FURTHER RESOLVED that members of this conference and the groups
they represent will make serious efforts to publicize and build support for
Norma Jean against this long-standing injustice,which has been virtually
ignored by everyone except a few women for more than 15 years.
Resolution was passed by unanimous acclamation,Sept 2, 1993





News From Norma Jean's Defense Committee

The following info comes from Norma Jean's attorney Diana Samuelson,
in a telephone interview July 11. I will update it with the info packet she is
sending me snail-mail.

Norma Jean was turned down for release-date
(which is usually set 5 years or so in the future of the time it is given)
by the California Women's Authority parole board in 1990, 1992, and 1994.
Theoretically, she should have another parole hearing before the end of this
year but Diana does not expect it until at least next spring. Diana does not believe
the parole board will set a release date then.

The good news is that Federal Court (in Sacramento) has accepted a habeas
corpus hearing on Norma Jean, date is not quite certain at present. The basis
is that the California courts--original trial court and all appeals which were
denied-- refused to consider new evidence that was used to win acquittal
for Hooty in his second trial. According to Diana, the first trial was incompetently
conducted by local lawyers from racist Yreka, who used a "diminished capacity"
defense (i.e they were all drunk, alas) and who allowed the robbery charge
to stand unchallenged (making the officer's death a felony murder, accomplice
felony murder for Norma Jean). I am not able to understand how an alleged
shoplifting can be charged and stand as robbery (a crime of violence). The IWC piece ("Saga") was put together mostly by Nilak Butler.
Diana says she reviewed it and the facts as stated there are essentially accurate.
One cop car chased some Indians away from al all-night convenience store,
and every cop and sheriff in the vicinity converged on the Grandmother's cabin
and shot up the night. Hooty's aquittal on grounds of self defense occurred with
a careful presentation of evidence (under heavy opposition challenge) of what
actually happened that night. Of course by the time Hooty shot officer Ott,
Norma Jean was lying in the sagebrush bleeding from being shot in the back
as she and Hooty ran for cover. The bullet is still in her body. Her conviction rests
on the accomplice part of California law, and depends critically on the racist
gossip which was proven false in Hooty's trial.

The original trial lawyers neither investigated nor challenged the conspiracy
charges, which were based on the gossip of some white racist neighbors to an
Indian party, who claimed Norma Jean and Hooty and others were outside
talkiing about shooting up some police. This was proven false at Hooty's trial.

A Black jury foreman and about 6 other jurors from Hooty's 1990
trial have become supporters of Norma Jean, believing that since they
heard the evidence, she should be found not guilty as they found her brother,
the one who actually shot officer Ott, not guilty. A declaration from these trial
jurors about the effects of the new evidence, evidence not heard by the Placer
County jury that convicted Hooty and Norma Jean in 1979, is part of the
evidence the defense hopes to present at Federal court.

The California Attorney General's office has challenged this declaration;
it appears certain that none of these trial jurors can be called as witnesses in
federal court. The grounds of the challenge is that jury deliberations are
supposed to be confidential. The State of California has made other motions
to oppose Norma Jean's attempts to get a hearing in federal court. But it does
appear there will be a hearing, although what will be allowed to be presented
there is not certain now.

At the original trial, the local lawyers were incompetent or too in with the local
police and sheiffs to present a valid defense. Instead, their defense was
"diminished capacity", that these were just a bunch of drunken Indians,
alas. They accepted without challenge the prosecutorial contention that a piece of
cardboard from a cartridge box, found in the hills near the cabin was the result
of what was charged as robbery of the convenience store--Sports and Spirits,
an all night gun and booze store--where the group had actually purchased
cigarettes, as described on the "Saga" page. The cops got involved there because
of an argument about short-changing, no contention of shoplifting
(which isn't robbery anyway) was made until the trial, when it served to
allegedly show a conspiracy to lure the officers out to the cabin or something,
an entirely senseless prosecutorial theory, but one which a racist Yreka jury liked
just fine. An ex-cop was the defense investigator, who of course did not interview
any of the two dozen police who were on the scene. Presently, Yreka has made
a hero of officer Ott (who in fact had been drinking with some other officers that night).
They hold a car race honoring him every 4th of July, with speeches, etc.,
he is the town hero, killed by "savages."
Because Hooty was slated for execution, there was mandatory appeal and
good lawyers got involved. They spent 4 years of investigation and legal research
preparing his appeal and change of venue. Of course this material is useful for
Norma Jean's case too, but her case has never received re-hearing in California
courts, appeals were all immediately denied. Diana says that while the appellate
briefs they prepared for Hooty were hundreds of pages of citational argument and
exhibits, the appeal brief for Norma Jean was about 15 pages and did not challenge
anything about the trial, only a couple of minor technicalities. But this slipshod, hasty
appeal closed the door for Norma Jean on California courts of appeal. The parole
board appears totally hostile. Federal court now appears to be her only chance.

Norma Jean's defense committee consists of a small number of women and the
support of her brother Hooty. Hooty will be entering San Francisco State College
in September, when he may be able to get an EMAIL account there.
(I told this to the lawyer, to tell Hooty. She doesn't know anything about
EMAIL, InterNet, WWW; completely computer illiterate except for word-processing.)

Hooty has learned a lot about computer graphics and will major in computer
animations. Norma Jean is also artistically talented, but her opportunities in
Chowchilla Women's Prison are much less. She must pay for all materials and
supplies at prison markup rates. There is a crafts group, where if she can afford it,
she can do art and beadwork. Supporters who send her money orders can help a lot.
Norma Jean has also taken prison courses and has become a certified auto mechanic.
She has become very interested in cars and is said to be an excellent auto mechanic.
She has several job offers if she should be released.
Diana can bring "a package" (limit 30 pounds, approved items only)
only 4 times a year. About $200 is spent quarterly to shop for the items--
usually clothing-- Norma Jean says she needs. The defense committee raises
money for this.
Though Norma Jean hasn't had a drink in 17 years, the parole board now says
she must take alcohol counseling. Her mechanic's certification, and consideration
for release depends on this, they say. Two volunteer Indian women--one a nurse,
both certified substance-abuse counselors who take a native spiritual approach to
substance abuse counseling--are her counselors. They must travel several hours to
reach the prison. The defense committee tries to supply gas money to these counselors.
Norma Jean also has to take basic literacy courses, which requires purchase of some
texts (from the prison).
In 1990, after Hooty's trial (which received a lot of California publicity), there was
a larger and more active support group for Norma Jean. A letter-writing and
petition campaign were carried out, that resulted in more than 3,000 signatures
supporting her from all over the world and about 300 letters of support for her
release. Had no effewct (probably not read) on the parole board. Norma Jean's
attorneys would like to collect more letters and petitions. Diana feels these have
little effect on the parole board, but may be of some use in federal court. I will be
posting the petition form and some sample letters here, but you can surely think of
good letters to write. They should be sent to the Defense Committee address
(which is Diana Samuelson's law office, that serves as a contact and
communications center for all defense committee efforts).

Letters to Norma Jean would be appreciated by her. Don't send books or any
other objects, but you can enclose a money order. She receives very few visitors.
Hooty is not allowed to (ex-con) and her mother lives far away and can seldom
afford to visit. Chowchilla prison is in a hot, unpleasant, desolate desert region.
A new women's prison is going up just across the street from it. There is a massive
increase in California convictions and long-term sentences for women and men,
especially people of color.This increased population means decreasing services
to prisoners, especially medical services, but every other kind as well. As with the
required counseling, educational, clothing or craft items, prisoners must
themselves pay for whatever they need. The defense committee raises money for this.

The Defense Committee does not raise money for the lawyers.
The lawyers are satisfied with the fees they receive from the court for their
representation. Diana represented Hooty for his successful appeals and new trial,
she has been in it for a long time. A federal defense specialist, who had also been
involved though not officially with Hooty's case, is taking the lead role in the
federal habeas corpus proceedings at Sacramento. He is paid through the
federal court. The defense committee's fundraising efforts are for Norma Jean,
and small costs for reproduction and mailing of literature about her case.

At the time of Hooty's acquittal in 1990, there was quite a lot of publicity about
his case in the San Francisco area. There was even some press interest in
Norma Jean's case. However, although several good articles have been written
in California newspapers, there has been no national attention to her case, and
the interest of 1990 has died. Liberal and women's magazines such as Ms Magazine
and Mother Jones which often cover situations like Norma Jean's case have never
shown any interest. A reporter once expressed interest in writing it up for the
New York Times Sunday Magazine but did not follow through. A stringer from
TV's "60 Minutes" show was taken for several long visits with Norma Jean and
given much info. He carried a show idea to New York, but was told the case was
too complicated for 60 Minutes to cover. WELL (Whole Earth Lectronic Link,
pay-for-subscription) mostly liberal yuppie-computer buffs or modestly rich
ex-radicals of the '60's probably has no info on it. Women's groups generally have
not supported Norma Jean.

Norma Jean's defense committee has made a videotape about her case,
which is available (Diana will send me the how to order info) for about $15.
It was described as very good for amateur work. A more professional person
was making a videotape about Hooty's case, which also is about Norma Jean that
was supposed to be finished this summer. He has not been heard from lately.

Norma Jean's attorneys feel it would be very helpful if a large number of her
supporters could attend the federal hearing in Sacramento when this is scheduled
(presently date is uncertain). It is about a 2-hour drive from the Bay area.
There will be a press conference. It would be helpful if there were a drum group,
which Hooty will probably be able to organize. It would be helpful if some press was
at the press conference. But it will be very, very helpful if that courtroom could
be full each day of what will probably only be an hour or two hearing if the
California Attorney General has his way to supress all sorts of things the defense
wants to present in evidence.




Try to get some kind of publicity for this case on a national level. If you have more of
those Ivy college powwows, why not do the traditional blanket dance
(people throw down money and jewelry or beadwork that is later auctioned)?
Do it at some powwows this summer if you can, talk to the announcer about it,
take some printouts of this info, dedicate a dance to her.

In 1990, Nilak (who certainly knows)
wrote: "The struggle to obtain Norma Jean's
freedom will take the prayers, love and
committment of the people to be successful.
Like her brother Hooty's case, it will
involve time, legal strategies, public awareness,
education and money. Your involvement
can make a difference!"

You didn't know about it in 1990 when Nilak wrote that. This is 2002,
and it's still true, but now you know it.