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JUSTICE DENIED!


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The state’s own evidence presented at trial clearly showed that, based on their own evidence, from their own witnesses, it would have been impossible for me to have killed Viktor Gunnarsson.

Testimony from the Medical Examiner, Dr. John Butts, showed that the autopsy revealed the victim had food in his stomach. Dr. Butts testified that during the autopsy, he found “potato skins” in the victim’s stomach. Dr. Butts further testified that the stomach will clear itself of food within a four to five hour period following a heavy meal and sooner if it is a smaller meal (TP. 1167).

For those potatoes to still have been in the victim’s stomach at autopsy, Gunnarsson had to have eaten a heavy meal on December 3, 1993, the day of the alleged murder.

Kay Weden testified that on the night of December 3, 1993, she and her mother had planned to go to dinner. Gunnarsson had called and she asked him if he wanted to go with them (Volume I, TP. 145). They met at Blue Bay Restaurant in Salisbury, North Carolina (Volume I, TP 142). After meeting Gunnarsson, they ate and talked from 6:30 p.m. until 8:00 p.m. (Volume I, TP 302-303). Gunnarsson ate a meal of seafood and potatoes and finished his meal by 8:00 p.m. (Volume I, TP 145).

Dr. Butts testified that blows to the head might interfere with actions of the stomach but he did not see any evidence of a blow to the head (TPP. 1181-1182).

According to the state’s own evidence, Gunnarsson finished his meal by 8:00 p.m. on December 3, 1993 and based on Dr. Butt’s expert testimony, Gunnarsson would have had to been dead by at least 1:00 a.m. on December 4, 1993 to fall within the four-five hour time period.

T he state’s evidence also showed that Gunnarsson was still alive at 11:30 p.m. because, according to Kay Weden, Gunnarsson left her house at 11:30 p.m. (Volume I, TP 152). State’s witness Molly Seacrest testified that she was at Kay Weden’s house on December 3, 1993 and that Gunnarsson and Weden were watching TV when she left around 12:00 midnight or 12:15 a.m. (TP. 1312). Based on Dr. Butt’s expert testimony, and if Ms. Seacrest is correct about Gunnarsson not leaving until after she left at midnight or 12:15 a.m., then Gunnarsson would have been killed within a forty-five minute to one hour time frame to have been dead by 1:00 a.m. If Kay Weden is correct about Gunnarsson leaving at 11:30 p.m. on December 3, 1993, then he would have been killed within one and one half hours of leaving Weden’s residence to have been dead by 1:00 a.m. on December 4, 1993.

State’s witness, Shirley Scott, testified she left my residence about forty-five minutes to an hour after Rick Hillard called me back (Volume I, TP.45). Rick Hillard testified that it was 11:40 p.m. when he returned my call (Volume I, TP. 56). According to these testimonies, Shirley Scott would have been at my residence until between 12:25 a.m. and 12:40 a.m. to fall within this forty-five minute to one hour time frame.

The state’s evidence also showed that it was a fifteen minute drive from my residence to Kay Weden’s house and Gunnarsson lived about two minutes from Weden’s residence.

The state’s evidence also showed that Gunnarsson was killed at the spot where he was found (Bond hearing transcript page. 47, Townsend’s testimony, November 6, 1995). The state has also claimed that Gunnarsson was kidnapped and transported to Watauga County, North Carolina and then killed.

In order for the state’s theory to be possible, I would have had: (1) to leave my residence sometime after 12:25 a.m. to 12:40 a.m. after Shirley Scott testified she left my residence on December 4, 1993, (2) drive fifteen minutes across town to Gunnarsson’s apartment, park my car, get out and go to his second story apartment, get him to the door without making a sound , get him undressed, if in fact he was dressed, tape him up, then get him into the trunk of my car, (3) drive two and one half hours (which is the time the state claimed it took to drive from Salisbury to Boone) (TP. 1206, Sheriff’ Lyon’s testimony), a distance of 109 miles, (4) park the car, get Gunnarsson out of the trunk, marched him up a 150 degree steep embankment and 550 feet into a remote wooded area and shoot and kill him, all within a twenty to thirty-five minute time frame, depending on when Shirley Scott left my residence.

So, based on the state’s own evidence from their witnesses and their theory presented at trial, it would have been impossible for me to have killed Viktor Gunnarsson.

Both of my defense attorneys were present each day of the trial. Both of my attorneys, Bruce Kaplan and Chester Whittle, clearly heard testimony from the states own witnesses and the states theory:

	It was always the state’s theory that Gunnarsson was killed in the spot where he was found.
	That Gunnarsson, according to the state’s theory, was alive during the drive from Salisbury, North Carolina to Boone, North Carolina.
	That based on testimony from all the witnesses, Gunnarsson had to have been killed by 1:00 a.m. on December 4, 1993.

However, during closing arguments, defense attorneys completely disregarded the state’s evidence that clearly showed it would have been impossible, based on the state’s witnesses and their evidence, for me to have killed Gunnarsson. They argued to the jury that Gunnarsson was already dead when he arrived in Watauga County (Defense closing arguments to the jury, TP. 67-73).

Defense attorneys never explained why they presented this argument to the jury when the state’s own evidence from their own witnesses and the theory of the crime clearly established that it would have been impossible for me to have killed Gunnarsson.

I have often wondered why, during my direct appeal, the state in their brief failed to mention this evidence to the Court of Appeals or to the Supreme Court. The state’s own evidence clearly established at trial it would have been impossible for me to have killed Gunnarsson.

I also have often wondered why the District Attorney, after establishing from their own evidence that it would have been impossible for me to have killed Gunnarsson, failed to even mention this evidence to the jury during closing arguments.

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