Olen Hutchison
a case of severe Sentencing Disparity
Evidence kept from the defense in the trial of Olen Hutchison provides a vastly different account of the events leading to Hugh Huddleston’s death than that heard by Mr. Hutchison’s jury.
The truth leads to the inescapable conclusion that Olen Hutchison has not received equal justice. Others who admitted to the killing are now free or will be eligible for parole. Olen Hutchison should receive equal justice.
The road that led to the murder of Hugh Huddleston began in the late 1970s when Richard Preston Miller met Charles W. "Chip" Gaylor in Oak Ridge, Tennessee. Miller was 15 years old, Gaylor, 17.
Hugh Huddleston was a friend of Gaylor’s grandmother and it was through Gaylor that Huddleston met Miller. At one point Gaylor moved into Huddleston's trailer. Miller joined them.
Statements and written documents showed that the three were involved in a homosexual relationship. Miller and Gaylor, however, did not live an exclusively homosexual lifestyle. In a statement, Miller said that he and Chip would "party" a lot, but that Huddleston never had anything to do with the women at those parties.
Evidence also showed that Gaylor and Miller would appear at Hugh Huddleston's place of employment on paydays to get money from Huddleston. According to Miller they received $100-$150 weekly from Huddleston, who even provided blank signed personal checks for Gaylor's use.
When Gaylor was 19 years old Huddleston made Gaylor the beneficiary of a life insurance policy Huddleston had through his employer. In his will, Huddleston left everything to Gaylor. In a statement, Miller said Gaylor spoke frequently about how wealthy he was going to be when Huddleston was dead.
Evidence and testimony from a number of witnesses (see "Facts the prosecution kept from the jury") showed that Miller and Gaylor regularly threatened, terrorized and abused Hugh Huddleston, and that the night of the murder was not their first attempt to kill him. On one fishing trip, Miller said he was a short distance from Gaylor and Huddleston when he heard Huddleston cry out. Miller saw Huddleston (who could not swim) in the water. Gaylor said Huddleston slipped and fell in. Huddleston said he had been pushed into the water by Gaylor. Miller claimed that up to that point he thought Gaylor had been joking about killing Huddleston.
Eventually Huddleston spent all the money he could earn or borrow on Gaylor and Miller. Huddleston's trailer was repossessed and he moved into his mother's house.
When Gaylor and Miller could no longer count on receiving money from Huddleston, the plot to kill Huddleston took shape in earnest.
On August, 14, 1988, Huddleston rented a pontoon boat for a night fishing trip arranged by Gaylor. However, Gaylor never intended to be on the boat that night because, as Huddleston’s heir, he had the most to gain from Huddleston’s death. Suspicion would be too great. Miller and Huddleston were on the boat when Hatmaker and Rollyson approached in another boat. Miller said Hatmaker and Rollyson were friends of his and invited them to board the pontoon boat with Miller and Huddleston.
Miller left shortly thereafter in his small "jon" boat, which was being towed behind the pontoon boat. His supposed mission was to return to the marina for food and bait. Hugh Huddleston's body was recovered from the lake later that day. It was Miller who accused Olen Hutchison of being involved in the scheme to kill Hugh Huddleston. At the time Miller accused Olen Hutchison, Miller was under indictment for Huddleston's murder. Miller had a prior criminal history of second-degree burglary, grand larceny, selling drugs and 12 juvenile charges, yet he became the state’s chief witness. Rollyson’s criminal history included theft and aggravated assault convictions.
| Defendant | Prior Criminal History | Sentence Received in the Death of Hugh Huddleston | Present Location | Time Served |
|---|---|---|---|---|
| Charles Gaylor | (none known) | Life Sentence for First-Degree Murder + 10 years for conspiracy to take life | Southeast Tennessee State Correctional Facility | Currently serving sentence, eligible for parole in 2020 |
| Wilbur Hatmaker | Selling Cocaine and Marijuana | Life Sentence for First Degree Murder | Brushy Mountain Correctional Facility | Currently serving sentence, eligible for parole in 2019 |
| Ricky Miller | Twelve juvenile charges, Second Degree Burglary, Grand Larceny, Selling Drugs | 17 years in County Jail for Conspiracy to Commit First Degree Murder | Oneida, TN | Released 12/22/93 after serving two years in county jail |
| Johnny Rollyson | Theft, Aggravated Assault | 17 years in State Prison for Conspiracy to Commit First-Degree Murder | Clinton, TN | Released 3/10/98 after serving six years |
| Phillip Varnadore | Cultivating Marijuana, Aggravated Assault, Possession of Drugs for Resale, Carrying Arms for Purpose of Going Armed, Selling Marijuana and Cocaine | 17 years in state prison for Solicitation to Commit First-Degree Murder | Knoxville, TN | Released 8/12/98 after serving six years |
Varnadore’s criminal background included aggravated assault, possession of drugs for resale, going armed, selling marijuana and cocaine, and cultivating marijuana.
Olen Hutchison, the man accused by Miller as being the mastermind of the scheme, had no criminal record. Olen Hutchison was not on the boat, he was not at the marina, he was not even in the same county.
Miller, Rollyson and Varnadore, despite their criminal backgrounds and their direct and admitted involvement in Hugh Huddleston’s killing, are today free men.
Olen Hutchison has been facing execution since 1991 while others have been freed or will be eligible for parole.
On August 25, 2003 the U.S. Supreme Court denied Hutchison’s final request for a rehearing. Attorney General Paul Summers will petition the Tennessee Supreme Court for an execution date.
STOP this extreme example of sentencing disparity from ending the life of Olen Hutchison. Write a respectful letter to Governor Phil Bredesen and fax it to 615-532-9711.