Accused: My Fight for Truth, Justice & the Strength to Forgive

by Tonya Craft

  It wasn’t until Chloe finally came to him one night, long after the trial was over, crying and upset, and told him that she “just couldn’t take it anymore,” he said, that he truly came to believe that it was more than confusion and hysteria that drove Kelly’s actions. Chloe told him, “I don’t remember Miss Tonya doing anything to me. Mom told me,” he recalled her saying.

  That night at my house, Jerry, through tears, said, “I just need to ask you to forgive me.”

  “Jerry,” I said, “I forgave you a long time ago.”

  He cried a whole lot more when he heard that. I think he was having a harder time forgiving himself than I’d had forgiving him.

  Jerry and I still speak, and I respect him as a man, as a father, and as a friend. He’s even offered to help me in bringing my case to the FBI. He’s willing to talk about what really went on behind the scenes, openly. He never wants to see something like this happen to anyone else, ever.

  Truly it is my prayer that each and every one of these people—from Sandra Lamb to Stephen Keith to Len Gregor—that every one of us could sit down and work together to help get it right the next time, to protect the innocent and convict the guilty.

  David still rolls his eyes at me at times. “Tonya,” he says, “you know that’s a pipe dream that will never happen.”

  I just point up to heaven and say, “With God all things are possible.”

  The next revelation nearly knocked me flat on my back.

  Through a mutual acquaintance, I agreed to meet Judge Ralph Van Pelt Jr. for coffee in downtown Chattanooga.

  When I first sat down with that man, I asked him the big question right away. I didn’t need to have any small talk with him. I didn’t want any small talk with that man.

  “I want you to look at me and tell me whether or not you believe I did it, and whether you ever did, and why?”

  His response was, “No. I one hundred percent know you didn’t. I know that now.”

  Of course I had a tape recorder on me the whole time. There was no way I would sit down with that judge without taping his every word. I expect he was smart enough to realize that.

  My conversations with Judge Van Pelt that day were shocking. He told me about events that transpired behind the scenes in the Lookout Mountain Judicial Circuit over the course of my two-year ordeal that I never could have imagined. I told him a few things, too. For instance, he seemed to be under the impression that I had been uncooperative with investigators from the start. When I told him that I had been willing to sit down with the ADAs at any time whatsoever and even take a lie-detector test as long as my attorney was present, he seemed dismayed.

  In fact, he seemed distraught.

  Before that conversation was over, he asked me for forgiveness.

  “I’ve forgiven everybody,” I said, “including you.”

  Judge Van Pelt and I have had numerous texts and conversations since that day. He treats me like a good buddy now. I’m happy to keep talking to him because I learn more and more every time we talk.

  If I had continued to move forward with the $25 million lawsuit, I never would have had any of this. If I hadn’t forgiven everyone, I wouldn’t have any of this information or any of this closure.

  Forgiveness is powerful.

  In my opinion, Judge Van Pelt still has plenty to answer to in his own heart. As I said to him one time, “One day, you may have to answer some really hard questions—when Ashley decides to seek you out and ask you a few questions of her own.”

  In 2012, I enrolled in law school. Ever since then, I’ve made the two-hour drive each way to Nashville for classes two to three nights a week. I get home around 2:00 A.M. I’m exhausted. Constantly. But I know it’s what I’m meant to do.

  I think I went through all of this for a reason. God’s going to lay the path out for me. I know the credibility of a law degree is important. The knowledge behind it is important, too. I might not ever litigate a case. I might just keep doing what I’m doing now, consulting on individual cases—pro bono. I had plenty of credible and talented attorneys working for me along with very qualified experts and team members, but no one would help without a substantial paycheck. I always said I would never be like that. It’s not about the money to me. It’s about doing the right thing. I’ve consulted on several false-allegation cases so far, and I gave my all to each one. Hopefully my law degree will allow me to do that work with even more effectiveness in the coming years. It’s an emotional experience, following another falsely accused individual through their ordeal. It’s hard. But I know the strains on me are nothing compared to the struggles those individuals have faced, and I thank God for allowing me to do that work, to help in whatever way I can. Plus, it’s important that my children see me help others and make a positive change through very negative circumstances.

  I feel blessed to have been given the chance to speak and share my story with the public as well. I hope to do a lot more of that while I continue trying to change laws in order to put the focus where it belongs.

  In my opinion, it’s the prosecutors, interviewers, detectives, and judges who are responsible for allowing these misguided cases to move forward. You are always going to have an angry ex, or a jealous enemy, or a disgruntled parent making accusations. That’s not going to go away. It’s up to the professionals to figure out what’s real and what’s true before slapping the handcuffs on and throwing someone’s mug shot on TV. I want to help make sure that’s the case as often as possible going forward.

  I miss teaching more than anything. This past summer I was helping out in the snack shack at one of Tyler’s baseball games, and a little five-year-old boy climbed up on a chair and wanted to see how to work the register. His parents were there. They were comfortable with the situation, so I helped him. I talked to him about the money: “Now, if this costs two dollars, and this costs one dollar, how many dollars does the man owe us?” The kid said, “Three dollars, please!” to the man at the counter, and I nearly broke down. Teaching kids is what I’m meant to do. It’s what I was born to do. And they took it from me.

  For the most part, people have been wonderfully kind to me. Kinder than I ever imagined possible. But I’m still treated like a monster in certain situations. For example, in my continued quest to give back and do good for other people, I volunteered for a prison program to help people cope with life behind bars. I did this through a church group. But the prison warden nixed it.

  They wouldn’t let me into a prison.

  I cried and felt like a monster all over again.

  I dream of doing The Amazing Race. It’s one of my favorite shows. I’ve been hesitant to complete the application because one of the very first questions I saw was, “Have you ever been arrested?”

  Things like that seem to come up all the time. But I deal with them. And I move on.

  In November of 2013, I finally asked David to reconnect the doorbell on our front door. He did. And it still gives me a start each and every time I hear it. But I’m facing it. I’m dealing with it. And each day it gets a little easier.

  Of all the people who’ve opened up to me and shared the truth with me since the trial ended, none has brought me more love and light than my daughter, Ashley.

  Something changed in the fall of 2013. The floodgates opened. After saying nothing about the trial for all that time, she came to me one day, out of the blue, and shared some things that she said went on behind closed doors at that courthouse. Through her words and our tears, we addressed her experiences, and the ordeal that she had endured. I learned startling things from her, and she asked me a few questions that I answered, openly. Out of respect for my daughter I will keep that conversation private. I always want her to feel safe when she speaks to me. But there have been many more times that she’s opened up to me since, answering so many of the questions that I had during the two years I went without seeing her—and gaining answers from me about what really went on, both in the courtroom and elsewhere. I let her speak. I never wa
nt her to feel like I’m grilling her. Ever.

  When she is ready to share her story with the world, she will do that. And believe me, it will be powerful.

  Tyler still doesn’t talk about the trial at all. If he never speaks of it, I’m never going to hand him this book or the courtroom videotapes or anything else to look at. It’s all up to them to find their comfort level and decide how they want to deal with it. I’ve prayed about this and I’ve listened to my gut, and the only thing I know to do with any of this is to be patient—to let it unravel and unfold in its own time.

  Some people seem to think that response isn’t “natural.” I don’t know what to say to that, except that my gut and my faith in God are what carried me through this entire nightmare ordeal. They’re what brought me to my place of forgiveness. They’re what brought me back to my babies. And after everything we’ve been through, seeing just how far we’ve come, I think it would be pretty foolish of me not to rely on those things to carry me through anything and everything else life has in store.

  So that’s what I’m gonna do.

  Acknowledgments

  As I count the many blessings in my life, those family and friends who stood by me in my season of pain are front and center. There were tears, heartache, and great loss—but my battlefield was full of warriors who fought right beside me. I could never fully express my gratitude for their resolve and their faith in my innocence. Someone told me when this all began, “Well, you are going to find out who your friends are.” It could not have been a truer statement. I am truly blessed to be surrounded with more loving, caring, and loyal individuals than I ever believed possible.

  I would not be here today without my amazing legal team. Dr. Demosthenes Lorandos, Cary King, Scott King, and Clancy Covert all brought unique skills to the table that created an unbreakable chain. I am eternally grateful for all of the hard work each and every one of them put into my case. Most of all they should get a gold star (I was a teacher ) for hanging in there when I know I was very difficult to handle at times.

  Additionally, I want to thank the rest of my legal support team: Private Investigator Eric Echols, Jury Consultant Denise DeLaRue, and the many staff members who worked on my case, as well as Dr. Nancy Aldridge, Dr. Nancy Fajman, Dr. William Bernet, and Dr. Ann Hazzard. I want to thank you all not only for my own sake, but for the sake of my two children, who have their mother home because of all of you!

  In the midst of my ordeal, I traveled near and far to seek out individuals who would help bring this injustice to light. The many doors that I was unable to open did not deter me. After thousands of miles traveled and refusal after refusal, one person took the time to listen to my plight. Melydia Clewell, a local news reporter and investigator, gave me the opportunity to do the one thing I implored others to do: to defend myself against the horrific war being waged against me. She listened without preconceived notions, investigated from a nonbiased position, and presented the facts discovered. Her tenacity and determination has had a lifelong impact not only on my life, but also on the lives of my children.

  Around that same time, Kevin West at WGOW in Chattanooga allowed me to speak my mind in the public forum of talk radio as well. Both of those chances to finally share my story meant the world to me.

  My church family, led by an amazing man, Dr. Mike Chapman, truly illustrated what it is to be the hands and feet of Jesus Christ. Many sermonize, but few actually practice what they preach. I shed many tears at the altar in prayer, but I was never alone. Jesus touched me through Pastor Chapman, the remarkable church staff, and the members of City Church of Chattanooga.

  My story and this book would not be possible if my agent, Michael Wright, had turned me away when I showed up unannounced at his office. His dedication has made this all possible. I appreciate his gentle spirit and divine guidance. Additionally, I want to thank everyone at BenBella Books for believing in my story and me. In a world too often filled with fear, the team at BenBella stood up with courage to share the whole truth of my story.

  Walking by my side through this literary journey is Mark Dagostino, who is not only my colleague but someone I am now privileged to call my friend. Mark’s skill set is impeccable. When you couple that with the passion he has conveyed in his work, the results are astounding. Being able to collaborate with such a talented and brilliant writer and person has been an honor.

  I want to extend a heartfelt thank-you to each and every person who has approached me in public. I’ve been at restaurants eating dinner with my family when some stranger has paid our bill. At the grocery store, individuals I’ve never met have come up with tears in their eyes to ask if they can give me a hug. I’ve been window-shopping in the mall only to hear an unfamiliar voice shout my name and to have that person come running over to meet me to share how my experience has touched their life. Each word of encouragement, each tear, each embrace, and each prayer means so very much to my family and me.

  My strength to endure this ordeal came from two people I love dearly: my mother and my father. They raised me in a loving home, and both exude traits that I have carried into adulthood and that I hope to extend to my own two children. They stood by me in every way imaginable, and I hope I can make them as proud as they both have made me.

  There are twelve people who were prayed for even before we knew their names. They sat in the seats of that jury box and watched my life unfold. I have their faces etched into my memory, and I will never forget their impact on me. Each and every hug I receive from my children, each laugh I share with them, each miraculous moment of healing—none of that would be possible without each and every juror. God bless them all!

  David Craft is a man I am honored to call my husband. Although perfect he is not, he is perfect for me. I doubt many things in life; however, I do not doubt that my husband loves me, I do not doubt that he loves my two children, and I do not doubt that our marriage is wonderful today because of who he is. It took losing him for me to appreciate him fully. I count each and every day as a blessing with my life-mate, my friend, my husband.

  Lastly, I want to thank my two precious children. Without the love I feel for them, I would not have fought the fight it took to win the war. Those times when I broke down and felt like I could never get back up again, two things kept me going: my son and my daughter. My resolve to love my children unconditionally and protect them as fiercely as I could picked me up when I thought I was broken beyond repair. They were my lifelines when they did not even realize it. The strength, integrity, and faith I see in them makes me as proud as any mother could be.

  There is no amount of gratitude I can express to each and every person that would suffice. Thank you, my dear family, friends, colleagues, and legal entities. Each person has a special place in my heart.

  Notes

  1.The description of this incident is reconstructed from Kelly McDonald’s own testimony at the criminal trial (State of Georgia v. Tonya Craft).

  2.This statement is reconstructed from my testimony at trial; the fact that Jerry McDonald was molested as a child was confirmed by Jerry himself during his testimony in that trial.

  3.Kim Walker and Dee Potter both testified at trial to witnessing these incidents and hearing these statements; Sandra Lamb also admitted to this behavior during her testimony at trial and in an interview under oath with Detective Tim Deal, which we obtained during the discovery process.

  4.This description is reconstructed from Kelly McDonald’s testimony in State of Georgia v. Tonya Craft.

  5.This conversation between me and Detective Deal was referenced in my testimony during the December 11, 2008, bond modification hearing in State of Georgia v. Tonya Craft and is augmented by my personal recollection of that day. Detective Deal’s description of what occurred differed from mine, as described in his testimony during a pre-trial motion on the first day of State of Georgia v. Tonya Craft and during his trial testimony, portions of which are recounted in Chapters 46 and 53 of this book.

  6.The details
and conversations from this birthday party are reconstructed from my testimony in the December 11, 2008, bond modification hearing and from my testimony during the trial itself.

  7.The details of Ashley’s discussion of the shower and shaving incidents are reconstructed from my testimony in the December 11, 2008, bond modification hearing.

  8.Ashley confirmed she had taken showers with Sarah Henke during her testimony in State of Georgia v. Tonya Craft; Sarah Henke also confirmed during her testimony in that trial that she had taken showers with Ashley.

  9.This conclusion is reconstructed from my testimony during the December 11, 2008, bond modification hearing.

  10.Sarah Henke denied the incident, describing it from her own point of view during her testimony in State of Georgia v. Tonya Craft, portions of which are described in Chapter 54 of this book.

  11.The descriptions of the actions I took after hearing about the showering and shaving incidents from my daughter are reconstructed from my testimony at the December 11, 2008, bond modification hearing.

  12.The events of this meeting with the Wilsons are reconstructed from my trial testimony.

  13.Kim Walker testified to this at trial. Dee Potter, Kim Walker, and Shanica Lewis all discussed these incidents under oath during their videotaped interviews with P.I. Eric Echols. Sandra Lamb also admitted to this behavior at trial and in an interview under oath with Detective Tim Deal.

  14.The details of Ashley’s stomachaches, rash, and treatment are reconstructed from my testimony at the December 11, 2008, bond modification hearing, as well as my testimony at the trial itself.

  15.My bonds were entered into evidence at the December 11, 2008, bond modification hearing.