|
 |
 |
|
Seventeen Hairs | The State's Car Wash Theory | The Hair Evidence | So Many Unanswered Questions | Scratch Marks Found Inside the Trunk | The Alleged "Shoe Print" on the Trunk Lid | The Police Uniform Theory | N.C. Department of Transportation Map | Salisbury Telephone Book | Time Line | The Tape Evidence | Ballistics Evidence - Gunnarsson | Kay Weden and I Meet | An Unbelievable Theory | Shirley Scott & the 404(b) Hearing | Gunnarsson Alive? | Who was Viktor Gunnarsson | Three Strange Men | A Confession to Gunnarsson's Murder | Robbie Smith | The Missing Key | Brandon Shelton's Confession to Investigators? | One Puzzling Question | Coincidences? You be the Judge | Death of Catherine Miller | The Miller Evidence | Rex Allen Keller, Jr. | Beth Pitts | Kay Weden - Jason Weden | A Suspect in the Miller Murder | Still So Many Unanswered Questions
The Police Uniform Theory
During my trial, the state’s theory was
that I was able to gain entry to Gunnarsson’s apartment by dressing as a
police officer. Evidence presented at trial showed that during the
search of my residence on February 1 and February 2, 1994, old Salisbury
Police Department uniforms were found by investigators (TP. 1612).
District Attorney Tom Rusher told the
jury during closing arguments that there was
no doubt that I acted under the
color and authority of my office as a police officer to commit these
crimes (State’s closing argument, pg. 34).
Evidence was also presented that I had
been a Salisbury Police Officer for over twenty years and had just
retired on November 30, 1993, not even a week before the murders
occurred.
The state’s evidence from the testimony
of Agent Steve Wilson of the N.C.S.B.I. showed that all the old uniforms
that were found were in a closet at my residence, hanging neatly on
hangers, with the laundry tags attached to them (TP. 1612-1613). The
state never produced one witness who testified that they had observed me
wearing a police uniform or using any police equipment after I retired
from the police department.
Since it was the state’s theory that I
was dressed as a police officer, they had a chance to try to connect
these old uniforms to the deaths of Gunnarsson and Miller. Unknown
fibers were found on the tape from the crime scene in Watauga County,
North Carolina and were also found in Gunnarsson’s hair. Tests
conducted by the S.B.I. clearly showed these fibers were also found in
Mrs. Miller’s hands and on her clothing but were never identified
(Volume IV, TP 1322).
However, not one of the experienced
investigators requested that fibers from these old police uniforms be
compared to the unknown fibers found at the Gunnarsson or Miller crime
scenes to find out if they had come from the same source, the old police
uniforms.
When investigators had a chance to prove
or disprove the District Attorney’s theory that I was dressed as a
police officer to be able to gain entry into Gunnarsson’s or Miller’s
residence, they did absolutely nothing.
Again, in the state’s brief to the N.C.
Court of Appeals and to the N.C. Supreme Court, Mr. Marquette wrote in
the state’s brief on page 6 that a number of Salisbury Police uniforms
had been found in my closet, yet he failed to make the court aware of
the true evidence developed at trial.
My appellate attorneys failed to make the
court aware of the true evidence concerning the old police uniforms
developed at trial, or that the state failed to connect these uniforms
to either of these crimes.
Back to Top
|
