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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
An Unbelievable Theory
At trial, through the testimony of Kay
Weden, the District Attorney Tom Rusher attempted to support a theory
that I had seen Kay Weden, her mother and Gunnarsson eating dinner
together at the Blue Bay Restaurant in Salisbury, North Carolina on the
evening of December 3, 1993. It was the theory of the District Attorney
that I was able to recognize Gunnarsson to be able to later kill him.
To support this theory, the District
Attorney attempted to solicit testimony from Kay Weden that I had called
her and told her I had seen her, her mother and Gunnarsson out eating at
the Blue Bay Restaurant in Salisbury, North Carolina on the evening of
December 3, 1993.
Kay Weden testified that on the night of
December 3, 1993, her mother met Gunnarsson for the
first and only time and that the
three of them ate dinner at the Blue Bay Restaurant in Salisbury, North
Carolina from 6:30-8:00 p.m. (Volume I, TPP. 141-142) (Volume I, TPP.
302-303). Weden further testified that I had called her “prior
to December 3,
1993”, and told her that I had
observed her, her mother and Gunnarsson at the Blue Bay Restaurant
eating on the night of December 3, 1993 (Volume I, TPP. 142-143).
However, there was a fatal flaw in Kay
Weden’s testimony. She had previously testified that December 3, 1993
was the first time that her
mother had met Gunnarsson. She had also testified that December 3, 1993
was the first and only time
that she, her mother and Gunnarsson had dinner together (Volume I, TP.
141-142).
Kay Weden had just been caught in an
outright lie on the witness stand. The jurors caught that what she had
just testified to was totally impossible and began to shake their
heads. The District Attorney realized Kay Weden had been caught in an
outright lie on the witness stand. Spectators in the courtroom caught
on to Weden’s unbelievable testimony and began to whisper. I realized
what Weden was saying could not have happened. It seemed
the only people in the courtroom
who did not realize what Kay Weden had said and that she had been caught
in a lie were my defense attorneys. On cross examination they never
questioned Weden or pointed out that it would have been absolutely and
totally impossible for me to have called Kay Weden “prior
to December 3,
1993” to tell her I had observed
her, her mother and Gunnarsson out eating on the evening of December 3,
1993 due to the fact the event had not taken place yet. I have often
wondered just who’s side my defense attorneys were on during my trial.
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