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David Boyce and Grandmother
NEW DEVELOPMENTS IN DAVID'S CASE
The Polygraph Results
The Examiner's Credentials
A MOTHER'S PLEA FOR HER SON'S FREEDOM
Please Read Thoughtfully and Carefully
In May of 1990, I received the shocking news that my son David was arrested for a horrible crime involving the murder of a close friend, Kurt. At that time David told me not to worry because it was all a mistake and there was nothing that could possibly connect him with this crime and it would all get worked out because he didn't do it.
A court appointed attorney was assigned to David's defense as neither he nor I could afford a top quality defense attorney.
I would like to present a list of facts about David's case that clearly shows the State of Virginia's case was built solely on circumstantial evidence, heresay, and false testimony. I firmly believe my son was not given a fair trial and his attorney was derelect in his defense and that the police officers' investigation in this case was shoddy at best. In America a person is supposed to be "innocent" until proven guilty "beyond a shadow of a doubt." This case was built on, and continues to be full of, doubt in every area, as I will try to explain. I firmly believe the state was looking for a fast conviction whether it was the right person or not and my son was served up for that purpose.
He was twenty years old, was not from Virginia, and had no family living anywhere near him. He was living on a low income and therefore unable to afford his own attorney who could provide him with proper defense. In addition, because of this, he was railroaded through the system.
The following are facts I beg everyone to review carefully. For all parents of children living away from home put yourself in my shoes for just a few minutes. Think about how frustrated and helpless you would feel or what you could, should , or would do if what happened to my son should happen to your son or daughter. With my limited income I cannot afford to hire a top attorney to help us. I hope and pray someone out there can and will care enough to help us do so.
The State's evidence used against my son is as follows:
1. David had no witness to confirm his whereabouts at the time the crime was committed.
2. David had cuts and abrasions on his hands.
3. A book of matches from David's place of employment was found at the crime scene.
4. A blood sample from the crime scene matched the victim's and David's blood "type."
5. The star witness, Mr. Elkins, testified that David admitted he committed the crime.
6. A police detective testified David asked him if Kurt was dead while taking David to the scene of the crime.
7. David got a haircut shortly after Kurt's murder.
8. David told me not to worry, they would not find any evidence to put him at the scene of the crime.
The following are rebuttals to this "evidence" one by one:
1. David and Kurt were roommates and David did not accompany Kurt to the party in the second room rented by Kurt (but unknown to David), and the scene of the murder. Kurt returned home at 2:00A.M. from a bar for beer and cigarettes waking David and telling him that he was going to a party with some friends. David refused saying he had to work in the morning and went back to sleep. David awoke the next day and saw that Kurt had not returned. David showered, dressed, and went off to work. David, before going to work, went to the front desk and paid a telephone bill. In addition, he asked if he would be able to pick up his belongings if Kurt did not rent the room for another day and left word for Kurt to contact him at work.
2. The cuts and abrasions on my son's hands were NOT present when David went with the police for questioning only a few hours after Kurt's body was found. David, along with everybody else who was questioned, was fingerprinted by a Police Lab Technician who later testified at the trial that she hadn't noticed any unusual cuts or abrasions upon David's hands at the time of the fingerprinting five days before David's arrest and at which time, after his arrest, the pictures that were used as evidence were taken of his hands. The cuts had happened the night before his arrest when he had come home from work and found out that his wife had been drinking and partying with two men. My son had reacted angrily to this by punching his fists against the walls not, as the Prosecutor implied, by committing murder on his friend.
3. The book of matches found at the scene could have been taken from David by Kurt since they were roommates. On the other hand they could have been taken from David's place of employment. The matches were readily available to anyone where David worked which was later confirmed by David's employer when she testified that they had thousands of books of matches like the one found at the crime scene and that they encouraged their employees to take these matches home with them. In addtion, Kurt's ex-wife had testified that she and Kurt had eaten at where David worked just a few days before he was murdered. Since David and Kurt were roommates and Kurt had eaten only days before where David worked it is not hard to believe that the matches found at the crime scene belonged to Kurt and that he had brought these matches with him.
4. One of the blood types found at the crime scene was "O" Positive. This is the blood type of both Kurt and David. This blood type is so common that over half of the world's population has it. Another blood type, type A, was found at the crime scene along with hair, fingerprints, and saliva extracted from cigarette butts. A DNA test was never done on any of this biological physical evidence. Instead a blood-grouping test was done. None of the evidence could be linked to my son. So whose was it? If the Prosecutor was so sure that David was guilty then why didn't he have a DNA test done to prove without a doubt that it came from David. He didn't because that would have ruined his case against my son and proven him innocent.
5. Three witnesses testified or gave statements against David saying he admitted guilt to them. Herman Elkins- a "Jailhouse Snitch" and a friend of David's wife did not come forward for three months after the crime to testify. Why did he wait so long? Elkins' states he never knew the victim, Kurt, but a maid from the hotel testified under oath that she had seen Kurt and Elkins there together several times. The Prosecutor said the maid had been mistaken, but she denies that and stands by her testimony. It is obvious that Herman Elkins lied. David's wife - this marriage was a loss and the relationship over - saw an opportunity to get rid of David by pinning the murder on him and probably did so to protect the real killer whom I believe she knows. Mr. Roberts who was in jail for murder himself at the same time as David later told David that he only said what the State had told him to say during the Preliminary Hearing in hopes of getting a lighter sentence. Mr. Roberts later refused to testify against David at the criminal trial.
6. The detective who picked David up at work asked my son to come to a crime scene to help try to identify a body where both he and Kurt lived. Why would David NOT assume Kurt was the victim? Kurt had not returned to the apartment before David went to work and David did not know anyone around there. An assumption and logical question by David was used against him. Once again the Prosecutor assumed David's guilt because he asked about his friend.
7. The Prosecutor implied that because my son had gotten a haircut a few days after Kurt's murder that he was trying to change his appearance which made him look guilty. He also implied that since David had gotten a haircut before his trial that he was again trying to change his appearance. David had been in the military and liked to look presentable. Sometimes a haircut is just that, a haircut, and nothing else.
8. I had testified at my son's trial that David had stated to me not to worry because there was no evidence that could put him at the scene simply because he had never been there to begin with. The Prosecutor told the jury my son told me this because he had purged all physical evidence from the crime scene. However, this is not true! There was plenty of physical evidence found at the crime scene. The Prosecutor just could not link any of it to my son.
1. Kurt's ex-wife had testified that she had left him around midnight at a bar which is about 15 miles away from the hotel in which he was found. When he stated "he was waiting for a friend" who was the friend? Neither Kurt nor David had a car. How did Kurt get from the bar to the hotel at two in the morning? Who brought him there? The police never bothered to find out.
2. In the beginning of the investigation a description of a dark haired and a dark- complected man and a blond haired woman who been seen with Kurt prior to his murder was given to the police. Who were these people? The police never bothered to find them. After David's arrest these people were never brought up again by the Police, Prosecutor, or David's Attorney. David has dirty-blond hair and has a light complexion.
3. David was never permitted to take the stand and tell his side of the story to the jury.
4. The attorney joked with David in front of the jury. It seemed it was not a serious case at all to this attorney, while David's life was literally at stake at the time.
5. David volunteered to take a lie detector test which he did and it proved "inconclusive" to the police.
6. David cooperated with the police from the very beginning, feeling he had nothing to fear or hide from them.
7. The motive for this slaying was determined to be "robbery" as Kurt's wallet was missing and never found. When David was questioned the day Kurt was found the only money he had was consistent with the pay he had received from his paycheck. This was later confirmed at the trial by the testimony of his employer and a copy of his paycheck stub. No credit cards or other such physical evidence belonging to Kurt were found on David or at his residence. I ask you why would David rob his friend for money he did not really need. If for some unknown reason he did need money, which as I said he did not, he could have gone to his friend and simply borrowed it. There was no need to rob him much less committ such a horrible murder of his friend. David had worked hard and never been in trouble in his life.
In conclusion, I am pleading for help and justice for my son from anyone who can possibly take the appropriate action to help answer the questions and get his case re-opened for a new trial. I believe a true professional defense attorney could defend David properly and win back his freedom that has so unjustly been taken from him I firmly believe that with some much needed help that someday, someway, my son will be acquitted and free to resume his life that was taken from him so long ago. That's why I'm asking all those who can to make a tax-deductible donation within their means to the :
A MESSAGE FROM DAVID'S SISTER
My name is Treasa Boyce I am the younger sister of David Boyce. I just wanted to tell anyone who may read this that, my brother is the sweetest man you could ever encounter. Day's of camping and making snowmen drift through my mind,and tears run down my face. There is a place in my heart that will remain empty until he is free and my children will not know what it's like to "go fishing with uncle Dave." For the sake of everyone help set my brother free,and put the real killers where he has now spent 9 years. Just think, the next time these people kill it may be your brother or someone you love might be sitting in prison for what they have done. I LOVE YOU DAVE AND I'LL NEVER GIVE UP ON YOU!
DAVID BOYCE LEGAL DEFENSE FUND
C/O St. Ambrose Catholic Church
Route #2 Box 20A
Belpre, Ohio 45714
Your donation will be recorded and deposited with others at the Bank One National in Belpre, Ohio. These funds are greatly needed for DNA tests, attorneys fees and other costs involved in getting justice for my son and peace for Kurt and his family as well. Any unused donations will be given to charity through St. Ambrose Church.
David is INNOCENT and should not have to spend the rest of his life in prison for crimes he did not do. As horrible as what happened to Kurt is, he is now not the only victim of the crime. If you have any further questions or wish to contact David please write to David or Tonya at the following address.
David Boyce or Tonya Boyce
P.O. Box 88
East Springfield, Ohio 43925
or E-mail at FaPenPals@hotmail.com
**Please mention to David or Tonya that you heard about David's case through FA PenPals**
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