Wednesday, February 1, 2017

“Investigation” on Kerry Lyn Dalton case?

by Victoria Thorpe, originally posted on KerryLynDalton.blogspot.com 02/01/2017  7:33 PM PST



Evidence that SD Law Enforcement was aware of rumors concerning Irene May as early as Sept. 1988 


This article is my response to an email from another viewer of the Deadly Women episode in regards to their portrayal of Kerry Lyn’s case.

My first statement upfront is that Kerry is innocent and the show is a sickening reinforcement to the wrongful conviction. It is a false representation of nearly everything presented. The idea behind such a program is to elicit strong emotional responses which will instill disgust and fear in order to circumvent rational evaluation of true facts needed to fulfill justice. The result is the viewer is stimulated emotionally to the point they cannot reconcile their horror with facts. Added to this sensationalized method is the lack of true facts included. If the viewer could calm their feelings to the point of evaluating what is presented, even with this fictionalized story anyone with a little forensic knowledge or investigative skills (common sense) would have questions regarding how the crime scene portrayed would not have left any forensic evidence. – But the show does not tell the audience there was no evidence does it? They lead the audience to believe the crime was proven simply by leaving out key information.

The person who emailed wrote me a well thought out inquiry, so I am publishing my answer in order to help more of our readers and thinkers gain answers to the facts I present with the conflicting “story” seen in the Deadly Women series.

His first question:
(After watching the Deadly Women episode) “…your sister’s case really sticks out to me; especially since you run a very detailed blog and published a book maintaining her innocence. I just have a few questions. 
1. If there was “No body, no blood, no weapons, no evidence, no forensics,” then how did this become Kerry’s reality? It’s as if it surfaced out of complete nowhere.”

If you read through this blog, or for more details read the book, you will learn this case DID NOT “surface out of nowhere”. I have well documented the San Diego law enforcement’s work on this case, from the beginning in 1988 to the conviction in 1995. The research was collected from the case transcripts.

The second question:
“Why did someone confess to the murder three years later (such as Sheryl Baker) if no murder even took place?...if they had gotten away with it, sealed it, unless they had a guilty conscience of some kind?”

 The facts were represented falsely in the episode, earlier posts in this blog share how Ms. Baker came to testify on this case.

When the narrator in the show states “For the next three years the murder remains a secret within the tight drug circle. Until one of them cracks with guilt,” immediately followed by Dusek saying, “ Sheryl Baker then provided a great deal of the information…”etc. it leads the viewer, like you, to believe Ms. Baker came forward voluntarily.

 As a matter of fact, Ms. Baker sat in the local jail for two years, along with the other two co-defendants (the three were officially accused of the murder in May 1992), before she succumbed to the temptation of the plea deal offered to all three. It was a first-come-first-served offer to any one of the three, in exchange for their testimony against the other two. They did not have sufficient evidence to go to trial. Her formal statement was made in July of 1994.

Investigator Richard Cooksey and other law enforcement had interviewed Ms. Baker several times, under questionable, some illegal, circumstances, from 1988 through 1992.

According to the trial transcripts, and the press releases, the alleged torture murder of Irene Louise May occurred June 26, 1988, at space #25, Live Oak Springs, in San Diego County.

The first search of the alleged crime scene was in September of 1988, working from a missing person’s report and rumors in the East county meth scene, nothing was produced, except for the realization that Sheriff Deputy Dave Wilson had been to the alleged crime scene the very evening of the alleged murder. Deputy Wilson testified at the trial he had responded to a burglary call June 26, 1988, at Live Oak Springs, space # 25. He found no evidence of any crime and noted Ms. Fedor, the resident of the trailer, was a “5150”.
Ms. Fedor was high on meth. The deputy was familiar with Ms. Fedor and her drug use from five other calls to her residence over the last two months. 5150 is code for a person who is mentally unstable. 

The second search was carried out in November of 1988 – again resulting on no evidence collected.

I want you to understand that not only is there no physical evidence that Ms. May was murdered, but that no one was even declared dead during the trial – six years and seven months after - there was still no corpus [Corpus might be used to mean a human body, or a body or group of laws. The term is used often in Civil Law to denote a substantial or positive fact, as opposed to one that is ambiguous. http://legal-dictionary.thefreedictionary.com/corpus], Ms. May had not been declared deceased. 

Trial Judge Thomas J. Whelan addressed the jury directly to correct prosecutor Dusek’s questions during the trial when he referred to Ms. May as a murder victim, “…That’s a fact for you to decide. It’s inappropriate for him to put that in the question,…just leave out whether or not Miss May is in fact deceased or not, because that’s something for you to decide.” pp. 2800-01, trial transcript.

Later during the trial the judge made a further statement in regards to establishing corpus, “that is certainly an issue before this jury, as to whether or not Miss May is still alive, or, if she is deceased, how she became deceased, whether it was through a criminal act of another or through some self-inflicted means or other causes, i.e., asthma attack, hepatitis or whatever.” pp. 3420-21 trial transcript.

He also wrote this comment to me, “It truly horrified me and was extremely disturbing and unsettling to watch.” The series producers would be very pleased with your comment, but that is what they are going for isn’t it? It is not a serious source for a student of Criminal Behavior Psychology. I know the facts are warped in the portrayal of this one case, which leads me to wonder what the other cases are based on. But we have to admit this series was created to inflame emotions, not to educate.

I would also like you to ask yourself how the series acquired their information. Can you find anything like the scenes they portrayed on record out there? They certainly aren’t from the trial. Perhaps it was directly from Dusek and Cooksey, since they took an active role in this episode, after all, they were both on the case. So why portray the story falsely? Could it be to cover the wrongful conviction, the deliberate orchestration of a false case to get a conviction? 

Jeff Dusek retired Jan 15, 2011.  The episode aired for the first time December 2, 2011.          http://inewsource.org/2011/02/15/san-diego-county-pays-out-2-5-million-for-unused-sick-days/

The scene wasn’t even according to Ms. Baker’s coerced testimony (which was provided in exchange for her plea deal) and everyone was sensationalized for the episode.
 For example, that character of “George” was never even located, and no more was documented about him other than his first name, approximate height 5’6”, short brown hair, described as well-groomed and soft spoken. The only one who knew George before that weekend was Ms. May. No one saw him again after that weekend. Why did the program portray George as so crazy? Maybe for the same reason they portrayed Kerry as so crazy; because it makes it more exciting. 

The trailer was far from isolated. The trailer they all partied in was located in a small but densely populated neighborhood made up of a trailer park, winding streets of houses, a small resort with cabins, and a convenience store/gas station. It was Joann Fedor’s trailer, only she and her three kids lived there. There are too many discrepancies to get into without turning this article into a book.

Remember: there is no forensic evidence at all.

His last question was: “What do you personally think happened to Irene May?”

I don’t know where Ms. May is. I can tell you that all these years of searching and researching have only built a tighter case in support of no murder, no death. 
Her husband said he spoke with her in late July 1988, when she told him she was leaving him. The man she lived with prior to her husband said she disappeared on him for years. Her father and brother were unconcerned when lead prosecution investigator Cooksey told them he couldn’t locate her. She was a serious meth addict with asthma and hepatitis. 
There is no death certificate for Ms. May to this day.

I think if we could find “George” he could fill in a lot! Ms. Baker testified that George was with her and Ms. May before they met up with the others, and that he stayed with the group all weekend. George has never been seen again; perhaps he left with Ms. May? I would only be guessing if I told you where I thought Ms. May went.

Another interesting, and very pertinent fact is that Kerry has never received her right to an appeal – over 21 years after the conviction. The process was finally fully briefed June 2009, but it has yet to be reviewed. The CA Supreme Court has not made a ruling on it, we don’t even know if they have chosen to read it yet.
An Appeal is the process of collecting information and filing it with the Supreme Court, making an appeal to review the case, then the Supreme Court Justices are supposed to make a ruling according to the information submitted. That ruling could be that the case is thrown out, the case deserves a new trial, the sentence is reduced, or a flat out no – meaning they support the conviction.


Why does this case with so many issues languish? 
If it is so cut-and-dry why not get it out of the way?

There have been 157 exonerations from U.S. death rows, at one time they were all thought of as guilty. There are many examples of the system getting it wrong, for many different reasons. If you begin to look into those cases, you will learn how much can go wrong, especially in a capital case. There are many good reference books and sites with an abundance of facts on wrongful convictions. I have posted them on my blog in the past. One is by Mark Fuhrman, Death and Justice. If you only read his last chapter and his epilogue, you will learn a lot.
Exoneration info:

Excerpt from Innocence Project post:
“The problem is that the police can be wrong.   
 In his November 12, 2012, review of “The Central Park Five,” Los Angeles Times film critic Kenneth Turan said the film “serves as a cinematic primer on what has become one of the most disturbing aspects of our criminal justice system: the ability — and the unabashed willingness — of police to psychologically manipulate people into confessing to things they have not done.”







Certification of NO death certificate found
Certification of NO death certificate found




Sheryl Ann Baker






Saturday, November 26, 2016

Visiting Kerry

 22 Thanksgivings on Death Row--Without ever getting her automatic appeal yet.
Victoria and Kerry

Kerry, Raymond, and Victoria

Tuesday, September 6, 2016

Hate Never Cures Hate

Kerry Dalton, Victoria Thorpe, Raymond Reyes 9/11/2016




The conversation rises and falls in our country; 
why the death penalty?
 In a nation which claims to be advanced, the world leader, where human rights are why we go to war (wow, that sounded contradictory.), we remain one of the few nations to retain such a barbaric practice. This practice continues to align the U.S.A. with countries whose politics and philosophies we judge harshly for their lack of human rights.

The United States is in company with North Korea, China, Yemen and Iran, as the top countries for executing their own citizens.

The United Nations has declared the death penalty to be inhumane.

In Nebraska this Fall they will be voting on this subject, their legislature outlawed the death penalty last year, however some Nebraskans, like attorney Bob Evnen, decided it was worth the cost to try to reinstate state sanctioned killings. California will also have the death penalty on their ballots; both the opportunity to end the wasteful system and the option to speed up the process (CA has not executed any one since 2005, an elderly Native American. Nebraska hasn’t used it’s killing machine in 20 years.)
A recent article on Nebraska’s choice interviewed Mr. Evnen, leading the fight to keep the death penalty. He looks to the Bible first, “… you'll find capital punishment is prescribed for certain crimes. And so we begin with capital punishment is morally required.” Evnen was referring to The books of Moses. (1)

 Mr. Evnen has left out some vital details.

In his Bible, death was also a remedy for infidelity, magic, cursing God’s name, violating the Sabbath, and even disrespecting your parents.
Does he want us to follow those directions too?

The following conditions are a few of the requirement before imposing a death sentence  found within the Talmud, which is the Jewish instruction to accompany the Torah, or what Evnen and Christians refer to as the Bible, the Old Testament in particular:

*The person accused must have been warned just prior to their actions, and acknowledge they understood.

*There must be at least two eye-witnesses, who both testify to the same story exactly, and they cannot be interviewed together or hear the other’s story. They also must be warned they will be the ones to receive the death penalty if they lie. There could be no benefit to either eye-witness for their testimony or in the sentencing of the accused.

*A court of at least 23 judges were required to agree. (3)

Another point Mr. Evnen states, “…law enforcement overwhelmingly supports the death penalty. That it is something that helps protect them…” including that “… it's reserved for the most heinous crimes and the most vicious criminals.”
Neither of these statements are true. Statistics from the FBI have proven the death penalty is not a deterrent (2), and how do we explain Gary Ridgeway living in Walla Walla Prison (convicted of killing  48  women) while Cal Brown was executed in 2010 (convicted of killing one).

“…At some point I think justice requires that the person that did that horrendous act pay the ultimate price,” Evnen said.
This touches on the most important point in this whole issue; humanity. When we kill people under the guise of “justice”, doing-to-them-what-they-did-to-us, we lose our own humanity. We become the perpetrator. There is no way around it. No matter how you dress it up it is killing when killing is not the only option, and not the best option for humanity.

First we play God and take away their humanity, then we throw away our own by jumping into the killing machine. There is such a tragic cost, and I don’t just mean money!

There are deep tragedies we cannot explain or fix, and some lives will never be the same. I ask us to think about avoiding more suffering, to seek ways of healing and the communal good. More killing never builds a strong close community. As Martin Luther King Junior said, only love outshines hate.

Let us chose mercy and compassion.


End the death penalty.

References:

(1) http://netnebraska.org/article/news/1038169/campaigns-intensifying-against-death-penalty-nebraska
Campaigns Intensifying For, Against The Death Penalty In Nebraska
by Mike Tobias, Senior Producer/Reporter, NET News    August 24, 2016

(2) Death Penalty Information Center
(3) Rabbi Michael Goldstein




Raymond Reyes, Kerry Dalton, Victoria Thorpe 9/10/2016

Saturday, July 23, 2016

What a fantastic day visiting with Kerry Lyn!

Victoria, Kerry, Carla, Adam, and Toni
Dear friends visit her for the first time, July 23rd, 2016
Carla and Toni come from Brazil and Spain. We all drove 1,169 miles over the last 2 days just to spend time with Kerry this weekend. We all love her and believe in her innocence. We all work towards her exoneration and bringing her home.


Toni, Adam, Carla, Kerry, and Victoria





Monday, June 6, 2016

Vacation with Kerry Lyn, June 4th and 5th.






It gets more difficult each time we leave without her. 21 years this weekend she has endured on Death row. She is innocent--could that be why she has never had her automatic appeal reviewed? Still waiting...

Saturday, March 12, 2016

Kerry Lyn Dalton Continues to Wait for Her First Appeal after 21 years

Kerry Lyn in the middle, her sister Victoria to the right, Raymond to the left. March 7, 2016

 Victoria, Kerry Lyn, Raymond. March 6,2016


This was the 21 year mark for when Kerry was sentenced to death for a crime that has never even been proven to happened. She still waits for her 1st State level appeal.
She is innocent.
We need people to care about this huge injustice. Raymond and I spent the two visiting sessions available over the weekend with Kerry, we love her company!
 Please take time to look through this blog for details on her innocence, wrongful conviction, and the process she has been stuck in for over 21 years

 
 Peace to your day.



156 people have been exonerated from death rows in the U.S.A. - mistakes do happen! Purposeful actions to gain a conviction happen also.
These 156 are the lucky ones to have their convictions overturned - some have been executed before the truth came out (these innocents spent many many years stuck in a system that doesn't work ; most 15 plus years, many 18 - 30 years even!)
A few have even had a second or third trial convict them again before finally receiving relief and freedom. This shows how difficult it can be to get the truth to prevail after a conviction.
 
I continue to challenge the public to think rationally: Kerry's case should never even have gone to trial: 

NO body,
NO blood,
NO weapon,
NO forensics at all,
NO crime scene...

Consider the facts, look into the case and FACTS.
A lot of false information was spread, a trial of hearsay evidence, snitches gaining favors, and false reports of confessions given to the press by law enforcement is all this case was built on. Every law enforcement who testified at the trial admitted there was absolutely no physical evidence of a murder - or even any other crime.
The alleged victim was NOT EVEN DECLARED DECEASED during Kerry Lyn's trial - nearly 6 1/2 years after the alleged incident.  

We have no forensics to test, or to examine. But, we have an abundance of facts of perjury, favors given, recanted testimony, and more. Our system promises an appeal - yet Kerry Lyn has never even had her first level appeal reviewed. 


Give Kerry her day in court, we ask the CA Supreme Court to review her appeal which has been waiting, fully briefed, since 2009. 


Look through this blog for more information, trial transcripts, and submit questions. 
Thank you.

Link to list of exonerated: http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row