As to the Commonwealth, these items consist of the Commonwealth's Exhibit Number 25, which was the red carpeted board in the Brown's van to which Kathy Wilson was purportedly tied. This exhibit was introduced during District Attorney Massa's direct examination of Michael Brown on Monday, May 6, 1991 in Volume I at page 136. However, the transcripts indicate it was not moved or admitted at that time, nor was it entered in the Index of Exhibits (Vol. I). In fact, it still was not entered into the Index of Exhibits (at Vol. XIV) either.
There are two additional matters regarding the Commonwealth's exhibits, the first of which concerns the listing of Commonwealth's Exhibit Number 27. This exhibit is shown in the Index of Exhibits of Volume XIV as admitted at page 688 although there is no mention of that exhibit in the transcripts of that volume. Also, this exhibit was in fact properly introduced, moved, and admitted during the testimony of Michael Brown on Tuesday, May 7, 1991, in Volume I (#5) - as a picture of the Brown's van - at pages 173 - 174. Michael Brown's route however, which is indicated (in Vol XIV) as part of this exhibit had/has nothing to do with this exhibit.
There is also the fact of the Commonwealth's joining in the introduction and admission of Defendant's Exhibit 19, which was the Southern Comfort bottle, and, it seems, the two beer cans. The fact of this being a joint exhibit is quite significant, as well as the omission of this fact.
Also, Commonwealth's Exhibit Number 45 is not shown in the Index of Exhibits, nor is it mentioned in the (after the fact) "additions" of Volume XIV. This exhibit was introduced during the testimony of Daryl Kring on Tuesday, May 28, 1991 in Volume X (#21) at page 62. This exhibit is shown by these transcripts to be Mr. Kring's criminal record. This appears to be the extent of the errors and omissions regarding the Commonwealth's exhibits.
This (belated) admission of exhibits in Vol XIV relating to the defense exhibits includes - according to the transcripts - Defense Exhibits 2, 4, 5 (apparently mis-typed as a second No. "4"), 6, 23, 24, 44, 73, 89, 136, 143, 144, 147, 166, 169, 171, 177, 180, and 181. It is my opinion that the majority of these (belated) admissions are merely a smokescreen designed to obfuscate the (relatively) few omissions that are in fact quite significant.
First, several of these exhibits indicated above were in fact introduced, moved, and admitted in a proper and timely manner, that is - originally. Such exhibits include No's. 23 and 24, which were the affidavits of Anheuser Busch and Brown-Foreman regarding the exhibits 19, and 20 and 21 - which were the Southern Comfort whiskey bottle and (two) beer cans, respectively. These exhibits (No's. 23 and 24) were in fact properly introduced during the testimony of Michael Brown in Volume V (#9) on Friday, May 10, 1991, at pages 791-792. (As were No's. 19, 20, and 21).
The Index of Exhibits of Volume XIV also shows Exhibit No. 171, identified as a Police Report dated 8-27-89. This exhibit was in fact introduced, moved and admitted during the testimony of Detective Joseph Welch in Volume XII (#24) on Friday, May 31, 1991, at page 623, and identified therein as dated 8/27/89. It is also, in fact, shown in the Index of Exhibits for that volume, however it is therein identified as a Police Report dated 6-17-88. (You may note that Exhibit No. 172 is also identified in the Index of Exhibits as dated 6-17-88).
There are also a number of defense exhibits that were in fact introduced (and examined) during the testimony of this trial - but which were not (according to the transcripts) moved for admission nor in fact admitted by the court. These exhibits are in addition to the above mentioned exhibits which were identified in Volume XIV as not being admitted. And, in addition to that, there are a number of exhibit numbers that are not shown anywhere in the Indexes - or the transcripts.
The following is a presentation of all defense exhibits with problems of one sort or another. The OMMITTED items indicates exhibits that were introduced and examined but not shown in the index of exhibits. The MISSING items indicate numbers for which no exhibit exists - either in the Index of Exhibits nor the transcripts.
| Defendant's Exhibit Number 2 OMMITTED FROM INDEX |
| Defendant's Exhibit Number 4 OMMITTED FROM INDEX |
| Defendant's Exhibit Number 5 OMMITTED FROM INDEX |
| Defendant's Exhibit Number 6/A> OMMITTED FROM INDEX |
| Defendant's Exhibit Number 39 OMMITTED FROM INDEX |
Exhibit No. 10, which was a Police Report of 5-25-88 by the Jamestown police indicating Brown was shown the shotgun. This Exhibit was introduced by Barry Smith in his cross examination of Michael Brown on Tuesday, May 7, 1991 in Volume III (#7) at page 421. It does not appear at any place in the Index(es).
| Defendant's Exhibit Number 11 MISSING |
| Defendant's Exhibit Number 39 MISSING |
| Defendant's Exhibit Number 44 MISSING |
| Defendant's Exhibit Number 50 MISSING |
It appears, by the sequence of these exhibits that Exhibit No. 63 was mis-numbered in both the Index of Exhibits and the transcripts themselves as No. "73". This exhibit, marked as "73 is presented during Michael Brown's testimony on Monday. May 20, 1991 in Volume VI (#15) at page 8. This exhibit is identified in the Index of Exhibits for this volume as a "Police Report" dated 5-19-88 and was, in fact, introduced, moved, and admitted as a police report dated 5/31/88 in the actual transcripts. This exhibit report is a concerns a phone call by Mrs. Brown to police - supposedly made the previous night (5-30-88) - and which concerns Michael Brown having found the blanket in the van. These dates strike me as very interesting. See also (the second) Exhibit No. 73, below - an (undated) inventory of Kathy Wilson's purse which was introduced, moved, and admitted in this same volume during the testimony of Detective Timothy Johnson at pages 129 - 130.
Defendant's Exhibit No. 65 is absent from the Index. The transcripts show this exhibit to be a Police Report dated 5/21/88 concerning a contact from Michael Brown advising that Buckley had been kicked out of his campsite by the police, etc. This exhibit was in fact introduced, moved, and admitted during Michael Brown's testimony in Volume VI (#15) at page 13. There also appears to be a number of reports surrounding this exhibit that were not introduced or admitted into the record.
Interestingly, Defendant's Exhibit No. 65 is also a report by Jamestown police dated 5/21/88 which also refers to the matter of the shotgun. This exhibit was introduced during Smith's cross examination of Brown on Monday May 20, 1991 in Volume VI (#15) at page 13. It also does not appear at any place in the Index(es). *** There also follows a report by Herzog re search - check it out ***
| Defendant's Exhibit Number 71 MISSING |
As indicated above, the second item identified as Defendant's Exhibit No. 73 is an inventory of the contents of Kathy Wilson's purse. This exhibit was admitted in Volume VI (#15) at page 130.
Exhibit No. 74 is not shown in the Index of Exhibits. The transcripts identify this exhibit as a police report dated 5/28/88. It was introduced, but not moved or admitted, during the testimony of Detective Timothy Johnson on Monday, May 20, 1991 in Volume VI (#15) at page 131.
Exhibit No. 75 is not shown in the Index of Exhibits. It is identified in the transcripts as a *** report by Captain Manzi. It is introduced during the testimony of Detective Timothy Johnson on Monday, May 20, 1991 in Volume VI (#15) at page 139.
Exhibit No. 103 is not shown in the Index of Exhibits. It is identified in the transcripts as a statement of James Welling, dated 6/17/88. This exhibit is in fact introduced, moved and admitted during Mr. Welling's testimony on Tuesday, May 21, 1991 in Volume VII (#17) at page 414.
Exhibit No. 132 is not shown in the Index of Exhibits. This exhibit was the anonymous letter received by Smith during Buckley's trial on May 20, 1991 advising him of the Holiday Inn recantations of Miichael Brown. This exhibit was first brought up (on the record) during the testimony of Jamestown Police Detective Wayne Stewart on Wednesday, May 29, 1991 in Vol XI (#22) at page 414. It was also introduced and examined during the testimony of William Miles on Thursday, May 30, 1991 in Vol XII (#23) at page 451. It seems likely that this exhibit was in fact both introduced and admitted during a secret hearing conducted in the Judges Chambers the previous Friday, May 24, 1991.
| Defendant's Exhibit Number 136 OMMITTED FROM INDEX |
Exhibit No. 139 is not shown in the Index of Exhibits. The transcripts show this exhibit was introduced during the testimony of Trooper John Herzog on Wednesday, May 29, 1991 in Vol XI (#22) at page 305. The transcripts identify this exhibit as a police report dated 11/5/90 which concerns Herzog's advising Massa of information supposedly given by Janet Brown concerning a garbage bag that might have been buried in her back yard by Buckley on the evening of May 18, 1988. I suspect this report has been mis-dated (by a year) in an effort to cover up the fact that the authorities (and particularly, Mr. Brown's own attorney) were working on him during the period since his arrest (October 10, 1989) through December 20, 1989. See also No's. 143 and 144, below.
There is no exhibit shown in either the Index of Exhibits or the transcripts of this case for exhibit No. 143. There is a police report dated 12/7/90 mentioned by attorney Smith at page 308 of Herzog's testimony which concerns Michael Brown having indicated that his brother Ron had committed this crime. This is another matter I believe to be mis-represented with regard to the dates.
Exhibit No. 144 is not shown in the Index of Exhibits. The transcripts show this exhibit was introduced during the testimony of Trooper John Herzog on Wednesday, May 29, 1991 in Vol XI (#22) at page 314. This (undated) exhibit is identified as a report from Aranyos stating that "the Brown's think they have evidence in this case and are requesting immunity." This is also an instance where the date was purposefully ommitted in order to disguise to actions of Mr. Brown's attorney (Aranyos) and the authorities of working on Brown during the period of his arrest through December 20, 1989.
Although Exhibit No. 145 is properly entered in the record, it is mentioned here because it is significant in that it is consistent with my theory concerning the police and attorney Aranyos during this period. This exhibit is introduced during Herzog's testimony of Wednesday, May 29, 1991 in Vol XI (#22) at page 315. It is identified as a report by Herzog with two different dates. The first date is not identified, the second date is shown as 11/20/89. This exhibit indicates that Herzog contacted FBI Agent Michael Malone advising that "we now have what we feel is the murder weapon". This statement, on this particular date, has tremendous implications as it shows the subsequent actions in this case regarding the trips to New York state to be a fantastic (fabricated) scenario - concocted and promoted by both the authorities and Mr. Brown's own attorney.
Exhibit No. 147 is not shown in the Index of Exhibits. The transcripts show this exhibit was introduced during the testimony of Trooper John Herzog on Wednesday, May 29, 1991 in Vol XI (#22) at page 324. This exhibit is a report by Herzog, apparently dated 9/29/89 concerning his initial assessment of the crime scene on Lindell Road.
Exhibit No. 150 is not shown in the Index of Exhibits. The transcripts show this exhibit was introduced during the testimony of Anthony Prinzi, Personnel Director at Leon Brown's place of employment (Dahlstrom), on Wednesday, May 29, 1991 in Vol XI (#22) at page 333. This exhibit is Mr. (Leon) Brown's time card for May 18, 1988, and indicates he punched in at the same time as his wife on that date.
Exhibit No. 166 is not shown in the Index of Exhibits. The transcripts show this exhibit was introduced during the testimony of Detective Joseph Welch on Friday, May 31, 1991 in Vol XIII (#24) at page 611. This exhibit is a police report dated 6/21/88 and concerns the visits of suspect David Copenhafer to the Jamestown area.
| Defendant's Exhibit Number 169 MISSING |
Exhibit No. 176 is not shown in the Index of Exhibits. The transcripts show this exhibit was in fact admitted during the testimony of Detective Joseph Welch on Friday, May 31, 1991 in Vol XIII (#24) at page 638. This exhibit is a police report dated 5/27/88 by officer Vaccaro and concerns suspect Ray Strickland.
Exhibit No. 177 is not shown in the Index of Exhibits. The transcripts show this exhibit was in fact admitted during the testimony of Detective Joseph Welch on Friday, May 31, 1991 in Vol XIII (#24) at page 641. This exhibit is a police report dated 5/27 (year unknown, although I am quite certain it was 1988) and concerns suspect Chris Bernea.
ITEMS ADMITTED AT #25
COMMONWEALTH'S ITEM ADMITTED
COM EX #25 (Red Board) still not represented in Index (at 25)
Exhibit 27
Picture of Brown van
Michael Brown's Route
IN INDEX - Also at #25 - 668 (except no MB Route)
Exhibit 46 Statement of Bonnie Welder 694
Wasn't gotten to yet
Exhibit 47 / 48 Photographs of barn -730
Wasn't gotten to yet
DEFENDANT'S
Exhibit4 Tax Map p.293 669
Exhibit 5 Map of Chautauqua County / Northern Pennsylvania 669
Exhibit 6 Knife p.368 669
Exhibit 23 Signed Affidavit by Anheuser Busch 669
Exhibit 24 Brown-Foreman Affidavit 669
=======
(#12)
Exhibit 44 I.D.'d as Police Report 669
SHOWN TWICE IN INDEX (12 & 25) NO EXHIBIT! (DEF EX 43 @ 128 - ()ex 43 (statement of 1-24-90) (Begins at p.81
#45 @ P.141 aerial photographs of the Akeley intersection) ALSO DEF #38 admitted at 118 - DEF #39 Item not ident in Index 40, 41, 42 and 43 marked at 118
=======
Exhibit Number 73 is shown in the listing of items not admitted ( in the last volume) as an (undated) police report. Number 73 is also listed in the Index of Exhibits of Volume #15 - as "Police Reporter 5-19-88", and shown as admitted at page 134. In fact, there is no exhibit introduced or admitted at page 134.
The transcripts of this volume (#15) in fact contain two instances of the introduction and admission of exhibits marked as Exhibit Number 73. The [first instance of the introduction and admission of an item marked as Defendant's Exhibit Number 73 occurs during Smith's cross examination of Michael Brown at page number 8, and is identified (in the transcripts) as a police report dated 5/31/88. This report concerns a contact by Mrs. Brown advising that a blanket had been found in the van by Michael Brown which was subsequently turned over to the police - and marked as Property Card Number 8992. (It appears this report should have been exhibit number 63, as Defendant's Exhibit 62 was admitted at page 6 of this volume, and Number 64 at page 10).
The Index of Exhibits for this volume (#15) identifies Exhibit Number 73 as a "Police Reporter" dated 5/19/88" and shown as admitted at page 134. The Index of Volume XIV also shows an Exhibit Number 73 ("admitted" at page 669) and identified as (undated) "Police Report". According to the transcripts, the actual Exhibit 73 is an (undated) Inventory of items from Kathy Wilson's purse - introduced and admitted at pages 129/130, during the testimony of detective Timothy Johnson.
ALSO [Note] p. 5,6 =Defendant's Number 62, dated 2/23/90 re: New York State Investigator Dan Conlan, Detective J. Welch, and Pennsylvania District Attorney Investigator James Tridico and myself went to the Janet Snow residence
=======
Exhibit 89 FBI's Symposium on Hair 669 (???
(#16) w16_mw.html Page 213- Exhibit 86 referred to as #29 ALSO-misdated 6/92/88 (Police Report)
----------
Page 264: MR. MASSA: Mr. Malone submitted two reports, June 12, 1990 and January 17, 1991
(#16) w16_mm.html EXHIBITS 91 thru 95 (Page 304) appears to be one missing (#94?)
MALONE'S PRELIMINARY HEARING TESTIMONY NOT ENTERED (P.328)
Page 329: ***Q. Where did you find one at? The white blanket?
A. No. *** (at Page 333 Malone says yes)!!
---------
Page 334 Malone refers to report of June 1990 (***get straight on these rports***)
----- Page 266 COM EX #36 (Also Index) 1-17-91 (Page 267 Smith: Page 324 Smith refers to January 17, 1991 as FIRST report ------ Page 334: Q. You got your report in front of you, what's Q-89 listed as? What does it say?
A. I listed it back in June of 1990 as coming from Brown's van.
------
Page 335 - appears to be the _extent_ of the confusion
(Page 312 (OAKES REPORT DEX 96 April 12, 1989_ report - re WHITE BLANKET (#26)) also UNNACOUNTABLE differences (BUT not sufficient to eliminate)
ALSO Page 336 "Hairs removed from blanket, blanket not submitted" (ala B.S. "SHIPPED THE WRONG BLANKET"?!?).
===============
Page 366 - Carpeted board CEX25 (not in Index)
===============
??? Page 399 CEX38 (Purse -Moved by Smith!?)
Page 402 - DEX98 Statement by Welling - dated May 18, 1988 taken at 7:31 p.m
Exhibit 136 Newspaper Ad 669
J.B p. 201
Exhibit 143 Police Report 669
NADA
Exhibit 144 Report from John Aranyos 669 w22_jh.html p. 314
Exhibit 147 Police Report 9-24-89 669
p. 324
Exhibit 166 Police Report 6-21-88 670 NONE
Exhibit 169 (#25) - Police Report 10-3-89 670
NOT IN INDEX - NO REPORT?
Exhibit 171 Police Report 8-27-89 670 w24_jw.html p. 623
Exhibit 177 Police Report 5-27 670 w24_jw.html p. 641 Chris Burnea
Exhibit 180 Police Report 4-13-89 670 FIRST, 180, 181 are police reports of 4/3/89 and 4/13/89, respectively it would seem, entered at #24 @ p. 650 [w24_jw.html#DEX181 = w24_jw.html#DEX182 (Joe Welsh)] re: reports by Welsh on report by Eugene Knight re Gary Erikson {{these exhibits were not moved - nor reported @25 - not quite right - Haulk}}
---------
182 was in fact examined, and moved for admission by Barry Smith @ 124, p. 651-652 - as letter from Lieutenant Haulk
Exhibit 181 Letter from Mr. Haulk 670 NOT (see above)
Deposition of Michael Brown of 3-26-91 ================================================== MISSING COM #25 #45
DEFENDANT'S #2 DANNY BOYS T-SHIRT NEITHER PLACE w6_mb.html (p.235) Introduced - not moved w13_mb.html (p.4) " " w17_rp.html (p.418) " " w21_jb.html (p.129) " " w22_bt.html (p.329) " "
#4 @ #25 #5 @ #25 #6 @ #25
#10 NOT IN INDEX Statement of Brown re:SHOTGUN May 25, 1988 w7_mb.html (p.421) Introduced - not moved
#11 NADA
#15 ok @9 ***
36 diagram of the Akeley intersection w12_mb.html (p.79) MOVED - IN INDEX
37 taped statement of 1-5-90 w11_mb.html (p.118) NOT MOVED - IN INDEX [these seem to be ok near as i can tell] *** 38 marked as Mall Parking Lot, Map w11_mb.html (p.138) SHOWN IN INDEX
marked as statement of January 16, 1990 w12_mb.html (p.81) SHOWN IN INDEX - MOVED (@p.81)
44 NADA
55(OK) Police Report, 1-3-90 w14_mb.html MOVED
ALSO marked as Preliminary Hearing w13_mb.html (p.168)
63 (Appears to be) mis-identified - NO "63" appears in Index OR Transcripts - "73" appears twice -
1) at w15_mb.html p.8; admitted, a police report dated 5/31/88 re: report on Mrs. Brown saying Mike had found blanket (Index says "Police Report" 5/19/88)
2) at w15_tj.html - Admitted, p. 129,130 no date Inventory of KW's purse (Index says "Police Reporter" 5/19/88)
65 NOT SHOWN IN INDEX w15_mb.html (p.12-13) Brown statements 5-20, 21?? MOVED @ Def Ex 65 p. 13 Defendant's Exhibit Number 65, a police report - 5/21/88
ALSO police report of 1/20/89 NOT IN INDEX - NOT MOVED - NOT INTRODUCED - p. 11; re: SHOTGUN report of 5/26/88 - p. 12 SHELLY (NOTHING)
portion of a report dated 5/20/88 - P. 12 re: SHOTGUN (NOTHING)
66 w15_mb.html p. 19 - bank envelope that was with the Danny Boy's T-shirt -not moved for admission w21_jg.html p. 94 - Marine Midland Bank Envelope - Joseph Gerace -(fingerprints) not moved for admission?
MOVED @ Def Ex 66 p. 421 (also Timothy Johnson?)
67 w15_jj.html p. 56 - dated 9/30/89 (Index says 10/3/89) DEX*67 71 NADA
73*** See 63
74 w15_tj.html p. 131 NOT MOVED police report dated 5/28/88
75 w15_tj.html p. 139 NOT MOVED DEX*75 (apparently MANZI's report - no date)
89 w16_mm.html p. 287 FBI SYMPOSIOUN
98 mistakenly marked as "89"? (#16)
98 marked as Police report 5-18-88 (#17)
66 marked as bank envelope (#17)
103 w17_jwe.html (NOT IN INDEX)
102 to 115 marked as photos of Buckleys camp!! (also marked as others) (#18)
[132 Anonymous Letter (p. 451) (p.374)]
139 (NOT IN INDEX - not moved)
143 With regard to Defense Exhibits 143, 144, and 147, the Defense would move for the admission of those police reports (from #25)
143 UNDATED POLICE REPORT (@ #25) NADA
144 (p.314) UNDATED!! report from ARANYOS - the Brown's think they have evidence in this case and are requesting immunity from withholding evidence (bag)
***
SEE:
w8_mb.html#DEX16 (p.713): As a result of information supplied by Brown in the video taped statement, Janet Brown, mother of Michael, was asked if a consent search be made of her residence. The request was made by Detective Welsh, Jamestown Police Department. Mrs. Brown signed the consent search form and a search was made of the Brown Residence. Michael Brown showed this Officer a green garbage bag which was found
147 (p.324)
***
150 (p.333)
NOT IN INDEX - OR #25
51 & 52 marked twice - 13 & 24
166 DEX166 (p.611)
169 NADA
176 DEX176
177 177
180 Q I show you what is marked for identification purposes as Defendant's Exhibit 180 and 181 and those are again police reports dated 4/3/89 and 4/13/89, see if you recognize them.
181
187 MARKED WRONG
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
25 which is a board in the van that would be the red board
CEX*25 w16_mm.html NOT MOVED
w17_rg.html NOT MOVED
------------------------------
Defendant's Exhibit 4, which is a tax map, 4 which is a map of Chautauqua County and Northern Pennsylvania, 6 which is a knife
Exhibits 23 and 24, affidavits of Anheuser Busch and Brown-Foreman Corporation
Item 44 and Item 73, - two police reports.
Number 89, which is the FBI Symposium on Hair
Item Number 136, a newspaper ad
Exhibits 143, 144, and 147, - police reports.
Items 166, 169, 171, 177 and 180 and 181, all police reports,
---------
w22_jh.html (Page 305) - Def Ex 139 Missing from index
Page 308 reference to report - No Exhibit No. - Not indicated in Exhibit Index:
V #12
V #13
50
e15
73*
---------
V #25
44
143
169
NOT IN INDEX - THERE
NOT IN INDEX - MISSING
Exhibit 2 w6_mb.html#DEX*2 (p.235)
Q I would like to show you a report dated 12/7/90 signed by yourself and ask you if that doesn't refresh your recollection of Michael Brown telling that Ron Brown committed this crime
---------
w23_aw.html - misnumbering
---------
w23_rm.html - number of problems with Exhibits
---------
IN INDEX - BLANK
FROM:
39
44
---------
Danny Boys T-Shirt
NOT IN INDEX (Or #25) - Not Moved