letter from da oakes

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Greg Oakes' letter to Judge Daniel King on Sept. 28, 2015

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  • PUBLIC SAFETY CENTER 39 CHURCHILL ROAD

    OSWEGO, NEW YORK 13126

    TELEPHONE: (315) 349-3200 FAX: (315) 349-3212

    Office of the District Attorney MARK M. MOODY FIRST ASSISTANT

    DISTRICT ATTORNEY

    KATHLEEN M. MACPHERSON INVESTIGATOR

    Hon. Daniel King Acting Oswego County Court 25 East Oneida Street Oswego, "NY 13126

    GREGORY S. OAKES DISTRICT AITORNEY I CORONER

    September 28, 2015

    Re: People v. Gary Thibodeau -- Indictment No. 94-16 I

    Dear Judge King:

    ASSISTANT DISTRICT ATTORNEYS

    JAMES M. NICHOLSON MATTHEW J. BELL

    ROBERT E. GENANT ALLISON M. O'NEILL

    COURTNEY E. HAVILAND THOMAS W. CHRISTOPHER

    CHARLES H. CIESZESKI

    The People received the letter motion filed by Attorney Peebles on September 2, 2015 in

    which she requested permission to call Melissa Adams (Searles) as a witness in the pending hearing. On September 21, 2015, the People received Defendant's supplemental filing on this issue,

    which included an affidavit from Melissa Adams.

    The People do not oppose Defendant's request to call Mrs. Adams as a witness in this matter

    if the court believes that her testimony is relevant and probative.

    In regards to Mrs. Adams's recent claims, please know that investigators from the Oswego

    County Sheriff's Office interviewed her on September 3, 2015. Enclosed is a CD of that recorded

    interview.

    Mrs. Adams ultimately provided a bracelet to the investigators, who placed it in evidence.

    Enclosed is a copy of the associated Receipt for Property, along with a CD of photographs that the

    investigators took of the bracelet. Also enclosed is a copy of the associated lead sheet (Lead # 1581), as well as "field notes11 oflnv. Rojek.

    In following-up on the lead, investigators spoke with Lisa Buske, Heidi Allen's sister.

    Attached to the lead sheet is an e-mail exchange between Inv. Pietrosk.i and Mrs. Buske, which

    includes a copy of certain Facebook messages between her and Tracey Matthews (Wise).

    Also attached to the lead sheet are print-outs of photographs provided by Mrs. Buske. A CD

    of those same photographs is also enclosed.

  • As part of the follow-up on Lead# 1581, investigators also spoke with Brett Law and Martha Sturtz. Enclosed is a CD of those recorded interviews.

    In regards to Brett Law, consistent with my obligation under Brady. I am specifically advising the court and counsel that Law indicates at multiple points in the interview that he "seems to remember" Heidi Allen wearing a bracelet. At one point in the interview, Law showed investigators a photograph that showed Heidi wearing a bracelet. He did not provide the photograph to investigators. The investigators did not take a written statement from him.

    Law told investigators that he would look for additional photographs that may show Heidi wearing a bracelet. It's my understanding that when investigators subsequently contacted him about the photos, Law declined to meet with the investigators. Enclosed is a copy of the NYS Incident Report that documents the investigators' efforts.

    Further, consistent with my obligation under Brady, I am specifically advising the court and counsel that Law advised the investigators that officers wanted Heidi Allen to perform work as a confidential informant "a year-and-a-half later" and "introduce this guy to some people at the bar." This information is revealed around the 14 minute mark of the recording.

    Further, consistent with my obligation under Brady, I am specifically directing the court and counsel to approximately the 4 minute mark of the recording. At that point in the interview, and over the next few minutes, Law claims that Heidi Allen and/or another female made reference to an unknown guy who had been "in and out of jail" and was a "cokehead." Law also makes a vague reference about someone "basically threatening Heidi." (The source of this information is unclear.)

    As the recording progressed, it appears that a female other than Heidi made the statements to Law. According to Law, the female told him that if "she was to be an informant and anything was to get back to him, or something, that she would be in big trouble, or something." He then stated that about a month later, a car started going by his house and going slow past his parents' house. He then indicated that Heidi disappeared a month or two later.

    On today's date, I spoke with Brett Law by telephone, and he told me that the female he referenced during the interview was a co-worker of Heidi named "Rhonda." When I asked him about timeframes, he expressed a lot of uncertainty about when events took place. He indicated that we should refer to the statements he gave right after the abduction, as those would be more accurate.

    I asked Brett if he would meet with investigators (or me) and provide a written statement. Brett expressed reluctance at giving a statement, saying that he did not want to get involved. He ultimately said that he wanted to speak with an attorney first. I asked that he please have his attorney contact me directly.

    As part of her recent motion, Attorney Peebles has asked the court to receive certain writings that were included in the box belonging to Michael Bohrer. More specifically, she mentions handwritten notes from Bohrer that reference Heidi Allen hiding a bracelet in the vehicle.

    At this time, it's unclear what, if any, meaning can be taken from Bohrer's notes. In those notes, Bohrer indicates that his source of information is a psychic named Trudy Lorte. The notes are undated, so it is unknown when this entry was made.

  • In her affidavit from September 16, 2015, Melissa Adams indicates Michael Bohrer was in the Texacana bar where her sister Shawnacy was bartending. Mrs. Adams recalls Bohrer being present at the bar, and she acknowledged that she 11often spoke to Shawnacy about the bracelet" she had given Heidi. Based upon Mrs. Adams's affidavit, it appears that she may spoken about the bracelet in Bohrer's presence, which explains how he knew about the bracelet.

    If the court excludes Melissa Adams from testifying, then Michael Bohrer's writings regarding the bracelet have little meaning, and such evidence should therefore be exclucded. If the court permits Mrs. Adams to testify, however, the Peop]e ask that we be allowed to address the admissibility of the writings at the conclusion of her testimony.

    Thank you for your attention to this matter.

    Enc.

    cc: Lisa Peebles, Esq. Oswego County Court Clerk Gail Heatherly, Esq.

    Ve truly yours/;,"~ Y . OAKES

    District Attorney