The State's Car Wash Theory

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The State's Car Wash Theory

At trial, the State called Kenneth Miller, the manager of Sam’s Car Wash in Salisbury, North Carolina as a witness. Miller (no relation to Catherine Miller) testified that he had known me for approximately seven or eight years. Miller testified for the State about various dates in December 1993 and January 1994 that I brought my burgundy Monte Carlo and my gold Dodge Diplomat to the car wash for cleaning. However, it should be noted that my Dodge Diplomat was actually silver. Miller also testified that he only recalled me coming into the car wash and requesting a greater than normal cleaning on one occasion and such a cleaning would have cost somewhere around $40.00 to $50.00 (T., Vol. 3, pp. 1129-1130). Miller testified that the time that I brought my vehicles in for a “greater than normal cleaning” would have been in December 1993 or January 1994 and he shampooed the trunk mat from my 1979 Monte Carlo (T., Vol. 3, pp. 1121-1123).

Charlie Frick, a private investigator, was retained by my defense attorney to assist in the investigation and preparation of my case. He gathered evidence clearly showing it would have been impossible for me to have had the trunk mats from either vehicle cleaned because the mats from both of my vehicles had been removed by the police, thirty eight days prior to the cleaning of the vehicles, during a search by investigators, on February 1 and 2, 1994.

I had informed both of my trial attorneys that they could go to my home and find receipts and cancelled checks that would prove the mats had not been cleaned as the state was claiming. Mr. Frick and my trial attorneys went to my residence in Salisbury, North Carolina in early 1996, well over a year before the start of my trial. While at my residence, they did, in fact, locate the receipts and cancelled checks from Sam’s Car Wash, dated March 10, 1994. The receipts and cancelled checks were in fact for the amounts Miller would later testify, that the price of the car wash cost which was, in fact, $40.00 and $50.00 (T., Vol. 3, pp. 1129-1130).

On May 10, 1996, Frick did in fact go to the car wash to interview Miller and take a statement from him. He also showed Miller the receipts and cancelled checks. Miller admitted at trial that Frick did come by the car wash to see him but did not recall the date (Volume III, TP 1132-1133). On cross examination of Kenneth Miller by defense attorney Bruce Kaplan, Miller denied that after being shown the receipts and cancelled checks dated March 10, 1994, that he told Frick that he was wrong about the dates in December 1993 and January 1994 that he testified I had the vehicles cleaned (Volume III, TP 1132-1133).

Miller’s testimony that he was certain that I had my vehicles cleaned in December 1993 or January 1994 was very damaging to my defense. It supported the prosecution’s theory that I had the trunk mats cleaned in an attempt to destroy trace evidence. The cleaning supposedly ground the hairs down into the mat and that was the reason it took two years to find the hairs (State’s closing argument, TP. 43).

Defense counsel at trial did in fact enter into evidence the receipts and cancelled checks dated March 10, 1994 showing when the vehicles were cleaned, which was not in December 1993 or January 1994 as the prosecution had claimed (Volume III, TP 1131).

Unfortunately, defense counsel failed to point out several facts to the jury during cross-examination of Kenneth Miller. Counsel also failed to call a key witness to dispute Miller’s testimony that I had brought the vehicles in to be cleaned in December 1993 or January 1994. Defense counsel failed to point out to the jury that based on the evidence of the receipts and cancelled checks it would have been impossible for Miller to have cleaned the trunk mats.

Miller’s testimony that he did not remember or recall the discussion with Mr. Frick about the receipts and cancelled checks dated March 10, 1994, or that he was wrong about the dates in December 1993 or January 1994, or his previous statement that I had the cars cleaned on these dates could have been easily disputed by calling Frick as a witness and entering into evidence the statement Miller gave on May 10, 1996.

Unfortunately, the jury never heard this evidence that would have disputed Miller’s testimony that he was certain the vehicles had been cleaned in December 1993 or January 1994 because Frick was never called to testify and the jury never saw the statement Miller gave Frick on May 10, 1996 a statement where he admitted that he had been wrong about the dates as to when I brought my vehicles in to be cleaned and the amounts on the receipts and cancelled checks for $46.00 and $55.00 which were the correct amounts for the work I had done (Exhibit A, Statement of Kenneth Miller).

Defense counsel also failed to point out to the jury one key fact about the receipts and cancelled checks that they had entered into evidence, which also disputed the states claim that the mats had been cleaned in an attempt to destroy trace evidence.

The receipts and cancelled checks from Sam’s Car Wash are dated for the same day, March 10, 1994, and the amounts for the cleaning were for $46.00 for the Monte Carlo and $55.00 for the Dodge Diplomat, which were the correct amounts for the work I had done on my cars (T., Vol. 3, pp. 1129-1130).

Based on the receipts and cancelled checks, the evidence revealed that the cars were cleaned on March 10, 1994, which was thirty eight days after the mats had been removed by the police on February 1^st and 2^nd, 1994. Therefore, it would have been impossible for Miller to have shampooed the trunk mat as he testified at trial.

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