#17396-a~McKEEVER, Circuit Court Judge IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA tea STATE OF SOUTH DAXOTA, Plaintiff and Appellee, ve STACY L, LARSON, Defendant and Appellant. wee APPEAL FROM THE CIRCUIT COURT OF ‘THE FOURTH JUDICIAL CIRCUIT McCOOK COUNTY, SOUTH DAKOTA tee THE HONORABLE MARSHALL GERKEN ‘SUDGE tae MARK BARNETT attorney General CRAIG M. BICHSTADT Deputy Attorney General ROBERT MAYER Assistant Attorney General Attorneys for plaintiff and Pierre, South Dakota appellee. JOHN A. SCHLIMGEN P. 0. Box 966 Attorney for defendant and Sioux Falls, South Dakota appellant. ARGUED March 17, 1993 opmon rriep ‘MAR 0 2 1994#17396 McKEEVER, Circuit Juage stacy Larson appeals from a jury verdict finding him guilty of second degree murder in the May 12, 1990 shooting death of Ron Hilgenberg. Larson raises seven issues on appeal. Me affirn. FACTS on May 12, 1990-the defendants Stacy Larson, Elmer Pickner, and Louis Medicine Horn, Sr., left Mitchell, South Dakota, sometime between 6:00 p.m. and 7:00 p.m., bound for Sioux Falls in Larson's automobile. While in Sioux Falls, Larson and Pickner dropped Medicine Horn off at the Frontier Bar. Larson and Pickner stopped at the 7-11 store across from the police station on two occasions between 9:32 p.m. and 10:43 p.m. Larson and Plekner picked up Medicine Horn at the Frontier Bar at approximately 10:50 p.m. and left Sioux Falls, returning to Mitchell. ‘They paid for gasoline and beer at the Food-n-Fuel in Mitchell at 12:02 a.m., according to the store's sales tape. On that same evening, the Bahr residence in Hartford was unoccupied between S p.m. and 2:00 a.m. At some point during that time it was burglarized. A screen was broken out of a kitchen window through which the burglars apparently gained entrance to the home. A Winchester 20 gauge shotgun, 20 gauge shells with steel shot, and cash were stolen. Before leaving, the burglars shot a television set and a waterbed. Police took from the scene shotgun shell wads, pellets, and @ spent 20 gauge shotgun shell. ‘They also collected cloth fibers from the broken window screen that may have cone from the sweat mie#27396 Pants that defendant Pickner was wearing that evening. However, none of the unidentified fingerprints, molds of foot prints or tire prints gathered from the home or near area could be connected to Larson or his two friends that were with him that evening. Again on that same evening, sometime between 6:30 p.m. and 11:45 p.m., the Curtin residence in Hartford, South Dakota, was Shot by a shotgun. A shotgun wad and pellets were found at the Scene. The wad and pellets were determined by a police expert to be similar to those found at the scene of the Bahr burglary site. Between approximately 11:30 p.m. and 11:50 p.m. on that same evening, Tanja Ishol and three passengers were traveling on Interstate 90 when they left the interstate at the Humboldt exit. As they sat at the stop sign at the end of the exit ramp, they noticed what Tanja Ishol later identified as Larson's car sitting across the intersection. This car flashed its high beams at Ishtol's car. Tanja was annoyed by the flashing lights. she flashed her lights at the car and slowly passed by it. As the vehicles passed, Tanja Ishol stared at the driver of the oncoming vehicle. After the cars passed at least two shots were fired at the Ishol car, shattering glass and injuring Tanja's passengers. The girls, after a brief stop to discuss the situation, decided to drive inte Humboldt where they called the authorities at 12:02 a.m. ‘Tanja was later able to complete a composite drawing of Larson with the help of a police sketch artist. At trial she identified Larson as the driver. 2+#17396 The girls and the police returned to the scene where they found two spent 20 gauge shotgun shells, pellets, and wads. Expert testimony was given that the shells found at this scene were fired from the same gun as the spent 20 gauge shell found at the Bahr residence, This was based on testimony from the state's expert witness. On May 12, 1990, Ron and Ruth Hilgenberg were returning to South Dakota, from Luverne, Minnesota, via Interstate 90. They were traveling in the right lane of the interstate at approximately 50-60 miles per hour. While traveling west of Humboldt, South Dakota, Mrs. Hilgenberg noted the time to be 11:40 p.m, according to the car's clock. A few minutes later a passing vehicle shot at the Hilgenbergs. Mr. Hilgenberg was struck in the left side of the head and died at the scene. Evidence taken from the scene included a shotgun wad approximately three feet from the driver's door. Later twenty- one pellets were also removed from Mr. Hilgenberg's head. mrs. Hilgenberg was unable to identity the vehicle from which the shot was fired. No shells were found at the scene of the shooting. ‘The wad found at the scene and the pellets taken from the victim's body were determined to be like those found at the other scenes. Despite an extensive search, no gun used at any of the shooting scenes that evening was ever recovered. Larson was indicted for the murder of Ron Hilgenberg on May 24, 1990, On November 21, 1992, a jury returned a verdict#27396 finding him guilty of second degree murder. Larson was sentenced to life in prison without the possibility of parole. ANALYSIS An individual is not entitled to a perfect trial, but he is entitled to a fair trial. state v. Lybarger, 497 N.W.2d 102, 105 (S.D. 1993); State v. Bennis, 457 N.W.2d 643, 847 (S.D. 1990). The burden is on the appellant to show prejudicial error such that he did not receive a fair trial. “Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.” SDCL 29-44-14. Prejudicial error, such that it may not be disregarded, “is such error as in all probability must have produced sone effect upon the final result of the trial. It must be harmful to the substantial rights of the party assigning it." state v. Wall, 481 N.W.2a 259, 265 (S.D, 1992). “Prejudicial error, when constitutional questions are being considered, is error which would have some likelihood of changing the result. A constitutional violation may constitute harmless error, and thus not require reversal, if the court can declare beyond a veasonable doubt that the error was harmless and did not contribute to the verdict obtained. we are thus required to ask whether it is clear beyond 2 reasonable doubt that the jury would have returned a verdict of guilty absent the alleged errors. State v. Schuster, 502 N.W.2d 565, 570-71 (S.D. 1993). (citations omitted) .#17396 ISSUE I PRIOR BAD ACTS ~ SPEEDING SDCL 19-12-5 (Rule 404(b)) states: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. Tt may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Admission of evidence under this rule is within the trial court's discretion. "upon review of whether the trial court abused its discretion in admitting evidence of other wrongs we must be careful not to substitute our reasoning for that of the trial court. ‘The test is not whether judges of this court would have made an original ruling, but whether they believe a judicial mind, in view of the law and the circumstances, could have reasonably reached that conclusion." state v. Rufener, 392 N.W.2d 424, 426 (S.D. 1986). The state's theory of this case required the defendant to have committed the Ishol shooting and the Hilgenberg murder between approximately 11:35 p.m. and 11:45 p.m, and then drive 43.2 miles from the Humboldt murder scene~to Mitchell by between 11:52 p.m. and 12:02 a.m. when he purchased beer and gas at a convenience store. This feat would have required the defendant to drive an average speed of somewhere between 95 and 370 miles per hour, depending on what the accurate time was within the varying time ranges indicated. A police officer drove the defendant's car and testified that the car was capable of “5+#17396 traveling in excess of 110 miles per hour. The state elicited testimony that Larson is known to drive on city streets in excess of 100 miles per hour and that "if [Larson is} drinking, [he is] like a race car driver." The state asserts that this evidence goes to show Larson's opportunity to commit the crime, an exception expressly noted in SDCL 19-12-5. The state theorized that only by showing that Larson had the ability to drive at a high rate of speed would he have the opportunity to commit the crime within the time frame required under the state's theory. Analyzing the admissibility of this evidence requires the trial court to conduct a two step process. “It must first be determined whether the proffered evidence is relevant to proving one of the stated exceptions to SDCL 19-12-5." state v. Kline, 444 N.W.2d 16, 18 (S.D. 1989), "If the evidence is found to be relevant, it next must be determined whether its prejudicial effect substantially outweighs its probative value." Id. at 18- 19. “[T]his balancing process must be conducted on the record." Id. at 19. We find that the trial court did not abuse its discretion in finding the challenged testimony relevant to Larson's opportunity to commit this crime. Contrary to the defendant's assertion, it seems reasonable to this Court that not everyone has the nerve and ability to drive through the night at an excessively high speed. Because his car may be capable of going that fast, does not necessarily mean that Larson had the ability to drive that#17296 fast. This testimony was relevant to show that Larson had the opportunity to commit this crime. "SDCL 19-125 is a rule of general inadnissibility with Limited exceptions." state v. Chapin, 460 N.W.2d 420, 421 (S.D. 1990), When applying these limited exceptions, trial courts must be ever vigilant to prevent the exceptions fron swallowing the rule. Ig. In considering such evidence the parties should identity the specific exception under which they seek to admit such evidence and the court should conduct the required balancing act on the record. Id. “only by performing a meaningful analysis of each case can the courts assure that the exceptions do not, in fact, entirely swallow the rule of inadmissibility." Id. at 422. Balancing of the probative value versus the prejudicial effect of this testimony was not conducted on the record. For this reason, Larson asserts that reversible error was committed. Although the required balancing should be done on the record in order to better assure that the exceptions do not swallow the rule of inadmissability, to protect the defendant's rights, and to allow for more meaningful judicial review, the failure to do so does not, in this case, reach the level of prejudicial error. As indicated above, the evidence was clearly relevant, and its prejudicial effect as a prior bad act was on its face insignificant. To hold otherwise would be to exhibit a complete lack of faith in the capacity of the jury to be objective.#17396 It is a function of the jury to determine the credibility of the witnesses, State v. Fox, 313 N.W.2d 38 (S.D. 1981), and to accept one witness' version of the facts and reject another's. State v. Shank, 88 S.D. 645, 226 N.W.2d 384 (1975). A jury verdict shall only be set aside where the evidence and the reasonable inferences to be drawn therefrom do not sustain a rational theory of guilt, State v. Burtzlaff, 493 N.W.2d 1 (S.D. 1992). ISSUE II EVIDENCE OF THE ATTEMPTED MARIJUANA PURCHASE The state elicited testimony, over objection, that Larson and his companion traveled to Sioux Falls on May 12, 1990, for the purpose of purchasing marijuana, Further testimony indicated that Larson asked at least one individual for marijuana and was unsuccessful in the purchase attempt SDCL 19-121 provides: “ ‘relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." See State v. Phillips, 489 N.W.2d 613, 617 (8.D. 1992). "Evidence is relevant and has probative value if it contains any fact which tends to connect an accused with the commission of a crime." Klein, 444 N.W.2d, at 19. Generally, all relevant evidence is admissible. SDCL 19-12-2. However, if the court determines that the evidence is relevant, but its submission will unfairly prejudice the defendant's case, such evidence cannot be admitted "Relevance is a precursor to the admittance of any evidence."#17396 Phillips, 489 N.W.2d, at 617; State v. Grooms, 399 N.W.2d 358, 361 (S.D. 1987). “For us to disturb the evidentiary ruling of * the circuit court, we must determine that an abuse of discretion has occurred. An abuse of discretion refers to a discretion exercised to an end or purpose not justified by, and clearly against reason and evidence." State v. Pfaff, 456 N.W.2d 558 (S.D. 1990). It is the state's theory of this case that Mr. Hilgenberg's murder was a random, senseless act of violence. The state alleges that the evidence of the attempted marijuana purchase was admitted to show Larson's state of mind and his motive for committing these senseless acts of violence, The state's theory is that Larson and his companion were so upset at their failure to buy drugs, that they took out their frustration in a senseless killing. It is this Court's considered opinion that the state's theory is not only razor-thin, but evaporates when put to the test of common sense. The fact that Larson made an unsuccessful attempt to purchase marijuana has no probative value as to whether or not he shot Mr. Hilgenberg. For the trial court te find it to be relevant was an abuse of discretion. Having found that the court committed error in admitting this testimony, we must now proceed to the query of whether it amounted to prejudicial or harmless error. SDCL 23A-44-14 defines harmless error as “any error, defect, irregularity or variance which does not affect substantial rights." See#17396 Phillips, 489 N.w.2d at 617. " ‘Prejudicial error is error which in all probability must have produced some effect upon the jury's verdict and is harmful to the substantial rights of the party assigning it." Phillips, supra’ Michalek, 407 N.W.2d, at 819. See also, State v. Younger, 453 N.W.2d 834, 638 (S.D. 1990). In United states v. Hasting, 461 U.S. 499, 510-11, 103 S.Ct. 1974, 1981, 76 L.Ed.2d 96, 107 (1983), the Supreme Court. framed the question the reviewing court must ask: “Absent [the alleged error} . . . is it clear beyond a reasonable doubt that the jury would have returned a verdict of guilty?" Our task is now to ascertain the degree of impact that the improperly-allowed testimony relative to the defendants' failed attempt to acquire marijuana had on the jury. To put the erroneous submission in proper perspective, it is first of all necessary to recall that this was a multi-day trial, during which nunerous witnesses testified and exhibits were received. While we will not repeat all the facts at this time, we consider a few of the important ones and keep the broad view of the whole trial in mind, The jurors were told about four different shooting scenes that occurred in the Hartford-Humboldt vicinity on the bizarre night of Ronald Hilgenberg's untimely demise as a result of a senseless shotgun blast. Two of these scenes were the burglary at the Bahr residence at Hartford, and the shooting attacks at the young ladies in their car at the I-90 Humboldt exit. These two incidents were connected by the testimony of the expert ~10-#17396 | witness of the state stating that in his opinion the spent 20- gauge shotgun shell casings found at each scene were fired from the same gun because of the identical markings that were left on them. In addition, at all four scenes (the Bahr and Curtis scenes in Hartford, and the I-90 Humboldt exit site, as well as the I-90 site where the death of the victim occurred) wadding and BBs were found that were similar in nature so as to appear to be the same, but due to the fact that markings are not left on waddings and BBs, the expert could not state that there was conclusive proof that they were all fired from the same gun. Some of those similar BBs were removed from the body of the victim during the autopsy. The jury aleo heard that the young lady whose car was fired upon at the Humboldt exit later identified Larson as the driver of the automobile that shot at her and her passengers; she further told them that this identification was the result of the clear view she had at hin as she approached his automobile at the I-90/Humboldt exit. The I-90 exit was but several miles and a few minutes away from the, place on I-90 where the murder took place. In addition, Larson later made incriminating statements to Officer Taylor and others. This is not an entire review of the facts. It does, hovever, produce an outline that placed the jury in a position to base their finding of guilty of second degree murder on a wide variety of evidence. au#17396 The pattern jury instruction which speaks to reasonable doubt partially states: By reasonable doubt of guilt is meant doubt of quilt reasonably arising from all the evidence, facts and circunstances, or lack of evidence in the case. It is not a mere possibility of doubt. It is not imaginary doubt, nor a doubt of absolute certainty of guilt of the defendant because everything relating to human affairs may be open to some conjectural or imaginary doubt, and because absolute certainty is not required by law. A reasonable doubt is one which would ordinarily impress the judgment of a prudent person so as to cause him to pause or hesitate to act in the more important facts of life. We have concluded ‘that the admission of the failed attempted Purchase of marijuana was error. When put in perspective with the whole body of evidence, however, the seriousness of the error is diminished to the extent that it falls into the realm of harmless error, We believe beyond a reasonable doubt that the jury verdict would still have been guilty of second degree murder even had the trial judge properly excluded this evidence. ISSUE III EXCLUSION OF THIRD PARTY PERPETRATOR EVIDENCE The jury apparently found that after leaving Medicine Horn at the Frontier Bar, Larson and Pickner drove to Hartford where they burglarized the Bahr residence and obtained the shotgun they used to commit the remainder of their crimes that evening. after burglarizing the Bahr residence, they shot out a window at the curtin residence before returning to Sioux Falls. Larson and Pickner then picked up Medicine Horn and drove toward Mitchell. Between approximately 11:30 p.m. and 11:40 p.m. the defendant. ~12-#17396 shot at the Ishol car at the Humboldt exit. They then proceeded west where, a short time later, they shot at the Hilgenberg car. After this shooting, they drove at high speed into Mitchell. Drive-by shootings are rare phenomena, at least in South Dakota. Nevertheless, the defendant wished to offer evidence that at least one and possibly two other shootings occurred that same evening. First, between approximately 10:15 p.m. and 10:30 P.m., a shot was allegedly fired at a vehicle (the Waldner vehicle) traveling east on interstate 90 towards Sioux Falls. Marks were found on the wheel of the Waldner vehicle which could have been caused by a shotgun shot. Second, at approximately 12:30 a.m, that night, a witness allegedly heard a shotgun blast from a van in Hartford, South Dakota. With the exception of the marks on the wheel of the Waldner vehicle, no physical evidence was alleged to be found at either scene. In a November 5, 1990, pretrial hearing, the trial court granted the state's motion to prohibit any third party perpetrator evidence relating to either the Waldner shooting or the van shooting, Larson asserts that this was error and that it deprived him of his Constitutional right to present a defense on his behalf. The Sixth Amendment, imposed upon the states by the Fourteenth Amendment, and compulsory process implicitly prohibits the state from arbitrarily excluding third party perpetrator evidence. State v. Luna, 378 .N.W.2d 229, 233 (8.0, 1985) (citing Perry v. Rushen, 713 F.2d 1447 (9th Cir. 1983)). "[DJue process “13+#17396 is in essence the right of a fair opportwiity to defend against the accusations. state evidentiary rules may not be applied mechanistically to defeat the ends of justice." Id. "(T]he defendant's general right to present evidence is undeniably strong; yet the state's legitimate interest in reliable and efficient trials is often compelling." Id. The general rule requires the court to balance the importance of the evidence against the state's interest in exclusion. This rule translates into the trial court's dictate to abide by SDCL 19-12-3 (Rule 403) in light of the equation that "[wjhere the state interest is strong, only the exclusion of critical, reliable, and highly probative evidence will violate due process. When the state interest is weaker, less significant evidence is protected." Id. at 234. The state asserts that, to be admissible under State v. Braddock, 452 N.W.2d 785 (S.D. 1990), the evidence must establish that the third person: (1) was in the proximity of the crime scene; (2) had a motive to commit the crime; and (3) had the opportunity to commit the crime. This Court does not read Braddock to require this heightened foundation. Braddock simply reinforced Luna's probative versus prejudicial balancing requirement and simply noted that “evidence that a third person in the proximity of a crime had the motive and opportunity to commit the crime is [of course] admissible." Braddock at 790. Furthermore, in State v. Jenner, 451 N.W.2d 710 (S.D. 1990), we specifically noted that Iuna is simply an illustration of the -14-#17396 probative/prejudicial balancing requirement of SDCL 19-12-3. 4. at 723. We rejected the argument that third party perpetrator evidence was subject to any special foundation requirements. Id. No special foundation is’ required because "(t]he third party perpetrator rule cannot be used to prevent the defendant from establishing his defense, or deny him the right to a fair jury trial." Braddock at 790. Braddock explicitly stated that a stricter standard of admissibility is inappropriate: {1]£ the evidence is really of no appreciable value, no harm is done in admitting it, while if it/is in truth calculated to cause the jury to doubt, the Court should not attempt to decide for’the jury that this doubt is purely speculative and fantastic, but should afford the accused every opportunity to create this doubt. Id. (citing 1 John Henry Wigmore, Evidence § 139 at 1724 (Tillers rev. 1983)). The evidence of third party perpetrators presented to the trial court was in the form of counsel's statements as to what the evidence would show. No oral testimony was presented. “Therefore, our review of the evidence is not limited by the clearly erroneous rule and we can review the evidence in the same light that the trial court did as though presented here in the first instance." Luna, 378 N.W.2d at 232; Ayres v. Junek, 247 N.W.2d 488 (S.D. 1976). The evidence presented in this case involves two alleged incidents: a noise which sounded like a gunshot and marks on a tire which were believed to have been made by a shotgun. as noted in Jenner, “(ijn Luna the defendant had a far stronger -15-#17396 argument, as the third party perpetrator evidence included a violent drunk who was near the crime scene, covered in blood, shortly after a killing, and confessed." Jenner, 451 N.W.2d at 723, The evidence Larson seeks to present to the jury is clearly weaker, given the totality of the circumstances, than the evidence found properly excluded in Luna. The evidence is similar in substance and import to the third party perpetrator evidence offered in Jenner. In Jenner, the defendant wished to introduce evidence that an unknown man was seen both near the murder victim's home on the night of the murder and at the murder victim's funeral. Id. at 722. This, along with other weaker evidence, was held properly excluded. on our independent review of this evidence we find that any probative value in Larson's favor is, in light of the Luna, Jenner, and the circumstances of this case, outweighed by the state's legitimate interests in presenting reliable evidence and promoting orderly and efficient trials. Thus, we find that the trial court did not err in excluding this evidence. Issue IV SUPPRESSION OF INCULPATORY STATEMENTS Larson was arrested at the Mitchell police department on May 15, 1990, when he voluntarily entered the department looking for a lost wallet. He arrived at the police station at approximately 3:30 p.m. and over approximately the next ten hours was subjected to two lengthy interviews. Following a suppression hearing, the trial court entered lengthy findings of fact describing a scene of outrageous police interrogation of exactly the severity that -16-#17396 the Constitutional prohibition against compelled confessions was designed to prevent. U.S. Const. Amend, V, XIV; S.D. Const. art. VI, $9 During the interviews, Larson was at no time advised of his Miranda rights, Nevertheless, he asked for the ascistance of legal counsel during both the first and the second interview. Although all interrogation should have stopped at this point, Minnick v. Mississippi, 498 U.S. 146, 121 S.ct. 486, 112 L.zd.2a 489 (1990), no action was taken to secure counsel and the interviews continued. He was repeatedly told to cooperate and that he would be offered a deal if he would de so. During this ordeal, Larson made two inculpatory statements to the investigating officers. The trial court suppressed both statements. The next morning Larson was transported to court for arraignment, After arraignment, Larson sat for three to four hours in the Mitchell county jail before being transported to Sioux Falls, During the transport to Sioux Falls, Larson made an incriminating statement to officer Taylor, the driver of the transport vehicle. The trial court concluded that the statement to officer Taylor was not involuntarily given, and refused to suppress it. “When an incriminating statement allegedly made by the accused is offered by the state and objected to, the state has the burden of proving beyond a reasonable doubt that the statement was given knowingly, intelligently, and voluntarily ~17-#17396 State v. Volk, 391 N.W.2d 67, 70 (S.D. 1983). ‘This Court will uphold the trial court's voluntariness determination unless it is clearly erroneous. Id. at 70-71, A trial court's suppression decision will not be overturned unless this Court finds that "the trial court has exercised its discretion to an end’or purpose not justified by, and clearly against reason and evidence." state v. smith, 477 N.W.2d 27, 31 (S.D, 1991); State v. Zachodni, 466 N.W.2d 624 (S.D. 2991). Review of the suppression hearing transcript indicates that the trial court heard live testimony concerning the events immediately preceding the statement ultimately determined to be voluntary, However, the court madé no findings of fact which support this conclusion. "frial courts should enter findings of fact and conclusions of law on voluntaviness hearings." Volk 331 N.W.2d at 72. At the suppression hearing only Officer Taylor testified with regard to Larson's statement. Officer Taylor testified that at Larson's arraignment the judge cautioned all officers to avoid conversations with Larson. Taylor testified that he initiated no conversations with Larson, and that he warned Larson, at least once, not to make any statements. Based on the uncontradicted evidence presented to the trial court at the suppression hearing, the trial court's finding that the statement was not involuntary was not clearly erroneous. Larson also asserts that the statement made to officer Taylor Was so influenced by the previous evening's illegal ~18=#17396 conduct that the statement should be found the inadmissible tainted fruit of the previous. evening's interrogation. This contention must fail. The making of a confession under conditions which preclude its use does not disable the confessor from making a usable confession after those conditions have been removed. United states v. Ceccolini, 435 U.S. 268, 55 L.Ed.2d 268, 98 S.Ct. 1054 (1978); United States v. Bayer, 331 U.S. 532, 91 L.Ed, 1654, 67 S.Ct. 1394 (1947). The taint of the lawless conduct does not last forever. satter v. Solem, 458 N.W.2a 762, 768 (S.D. 1990). “the question becomes whether the connection between the lawless conduct of the police and the discovery of the challenged evidence has become so attenuated as to dissipate the taint. Id. (citations omitted). If an accused is taken into custody by a second authority, removed both in time and place from the original surroundings, adequately advised of his rights, and given an opportunity to exercise them, the effect of the original lawless conduct may well be so attenuated that the subsequent statement will not be excluded on the basis of the earlier violation. Id. (citing Westover v. United States, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)). At his arraignment the morning following the interrogation, the judge informed all officers, including Taylor, to avoid further conversations with Larson. This was done in Larson's presence. Although Larson was not advised of his Miranda rights immediately before he made the statement to Taylor, there is no ~19-#17396 evidence that Taylor in any manner solicited the comments or initiated any conversations. On the contrary, there is evidence that Taylor expressly warned Larson not to make any comments. Given the circumstances, we are convinced that the original illegality was sufficiently attenuated that Larson's statement to Taylor was not tainted. This statement was, therefore, admissible. ISSUE V TESTIMONY OF OFFICER ZANFES Following his arraignment, Larson was transported to the Minnehaha County jail where he was placed in a holding facility with Daniel Degner. Degner testified at Larson's trial about a conversation in which Larson allegedly admitted to being accused in the Hilgenberg shooting, to being the person driving the car, and being the person who fired the gun. Larson also allegedly demonstrated the manner in which he held the gun so as to not leave a bruise on his shoulder from the gun's kickback. Degner testified that he committed this conversation to writing and communicated it to jail authorities both because he hoped that it would weigh in his favor at sentencing and because he felt that what Larson had done was wrong. Jay Skogen was serving a sentence in the Minnehaha County jail when he became cellmates with Larson for a period of two to three hours. Larson allegedly engaged in a conversation in which he admitted his involvement in the Ishol shooting. Skogen testified that he committed the conversation to writing and immediately communicated it to Jail authorities. ~20-427396 Larson called Officer Zanfes to the stand in an effort to impeach Degner's and Skogen's testimony. Larson elicited zanfes' testimony that jail inmates often claim that they have information with which to bargain. Officer Zanfes also testified on direct examination that inmates dften lie about the information they profess to have. The state concedes that under ordinary circumstances it is improper for a witness to comment on another witness! truthfulness, However, the state argues that defense questioning opened the door to the following cross examination: Q: Mr. Zanfes, when you talked to Daniel Degner, did you think he was lying? Az: No, sir. Q: How about when you talked to Mr. Skogen? Do you think he was fabricating or lying? A: No, sir. Q: Okay. And you base this upon all the -~ = do you base this upon all the various people --- defendants you've dealt with in the years past? A: Yes, sir. This Court has long held that the credibility of a witness ~ whether a witness is telling the truth - is a question for the jury. State v. Wooley, 461 N.W.2d 117 (S.D. 1990); Fox, supra: State v. Dale, 66 S.D. 418, 284 N.W. 770 (1939). The jury is to make that determination by examining the witness' opportunity and capacity for seeing and knowing and remembering the matters about which they have testified; their conduct and demeanor while ~21-#17396 testifying: their apparent candor, fairness, bias, or prejudice, if any appears; their interest or lack of interest in the result of the case; the motive, if any, actuating them as a witness; the reasonableness of their statements; and all the evidence, facts, and circumstances shown tending to shed light upon the truth or falsity of the testimony of any witness in the case and the | weight tobe given to his testimony. ‘The jury should not be influenced by another's opinion as to the witness' truthfulness. The use of this testimony in this case was improper. However, it does not constitute reversible error since Larson's trial counsel opened the door for this testimony and did not object to this line of questioning. "This Court has consistently held that failure to specifically object to evidence at trial forecloses complaint of the issue on appeal." Wall, 481 N.W.2d at 265 (citing state v. Red Star, 467 N.W.2d 769, 771 (S.D. 1991); State v. Gallipo, 460 N.W.2d 739, 743 (S.D. 1990)). See State v. Christopherson, 482 N.W.2d 298, 303 (S-D. 1992) (defendant's failure to object to line of questioning regarding truthfulness of witness waived issue on appeal). ISSUE VI INEFFECTIVE ASSISTANCE OF COUNSEL This Court has noted many times that “[c]ompetency of counsel will not be reviewed on direct appeal in ordinary circumstances." Luna, 378 N.W.2d at 235, Such review will be granted only where "the defense at trial was so ineffective and counsel's representation so casual that the trial record =22-#17396 evidences a manifest usurpation of appellant's constitutional rights." State v. Phipps, 318 N.W.2d 128, 132 (S.D. 1982); State v. McBride, 296 N.W.2d 551 (S.D. 1980). Because the record does not reveal such a manifest usurpation of rights, we decline to review Larson's claim of ineffective acsistance of counsel. ISSUE VIT INSUFFICIENT EVIDENCE UPON WHICH TO CONVICT Upon review of ali of the evidence, it is abundantly apparent to this Court that there was clearly sufficient evidence upon which the jury could have found beyond a reasonable doubt that the defendant was guilty of the offense charged. State v. Davi, 504 N.W.2d 844 (S.D. 1993); State v. Sondreal, 459 N.W.2d 435 (S.D. 1990). Larson's allegation to the contrary is without merit. Although Larson may not have received a perfect trial, he has not met his burden of proving that he did not receive a fair trial. We are not convinced that any meritorious allegations of error affected the final result of trial. Therefore, Larson's conviction is affirmed. MILLER, Chief Justice, and HENDERSON, Justice, concur. AMUNDSON, Justice, concurs specially. SABERS, Justice, dissents, McKEEVER, Circuit Judge, for WUEST, Justice, disqualified. -23-#17396 AMUNDSON, Justice (concurring specially) . The objection made to marijuana purchase evidence at time of trial did not address ite admission being violative of SDCL 19-12-5. Nor does the record indicate any balancing of probative value versus the prejudicial effect of such testimony. Why? The simple answer is that it was not specifically objected to as bad acts evidence or for any other reason.” It is elementary that before thie court will rule on an alleged error in the admission of evidence by the trial court, the trial court must first be given the opportunity to rule. state v. Buller, 484 N.W.2d 963 (S.D. 1992); State v. Handy, 450 N.W.2d 434 (8.D. 1990); State v. Mouttet, 372 N.W.2d 121 (S.D. 1985). Therefore, I would hold that the bad acts or relevance issue regarding testimony of an attempt to purchase pot was not properly preserved for appeal and would not address it in this opinion. state v. Olson, 408 N.W.2d 748 (S.D. 1987). I do certainly agree that, if addressed, the logic «| The record reflects the following occurred: THE COURT: We're in’ chambers out of the hearing of the jury. (DEFENSE COUNSEL]: If it please the Court, this morning when testimony was elicted (sic) from Tammy Garcia, a motion was made at the bench with reference to the exclusion of any information concerning a conversation had with Stacy Larson as to why they were in Sioux Falls. And all of us counsel agreed that rather than interrupt the Court proceedings at that time, that that objection to that evidence would be preserved and that a timely motion would been (sic) made concerning the same. Are we all in agreement with that? (ASSISTANT ATTORNEY GENERAL]: Yes. [STATE'S ATTORNEY): That's correct. (DEFENSE COUNSEL]: Thank you. THE COURT: Motion will be denied as it was at the bench.#17396 for its admission, as argued by the prosecution, is not only "razor- thin" but is fraught with pure speculation and conjecture. I concur with all the other issues. -25-417396 SABERS, Justice (dissenting). Z would reverse and remand for a fair trial because the trial court erred in excluding third-party perpetrator evidence. *(B}vidence that a third person in proximity of a crime had the motive and opportunity to commit the crime is admissible." Braddock, 452 N.W.2d at 790. The relevant facts are established by the conference opinion: Drive-by shootings are rare phenomena, at least in South Dakota. Nevertheless, the defendant wished to offer evidence that at least one and possibly two other shootings occurred that same evening. First, between approximately 10:15 p.m. and 10:30 p.m., a shot was allegedly fired at a vehicle (the Waldner vehicle) traveling east on interstate 90 towards Sioux Falls. Marks were found on the wheel of the Waldner vehicle which could have been caused by a shotgun shot. Second, at approximately 12:30 a.m. that night, a witness allegedly heard a shotgun blast from a van in Hartford, South Dakota. With the exception of the marks on'the wheel of the Waldner vehicle, no physical evidence was alleged to be found at either scene. Braddock clearly supports admissibility: If the evidence is really of no appreciable value, no harm is done in admitting it; while if it is in truth calculated to cause the jury to doubt, the Court should not attempt to decide for the jury that this doubt is purely speculative and fantastic, but should afford the accused every opportunity to create this doubt. 452 N.W.2d at 790 (citation omitted). Despite this position, the conference opinion concludes that the probative value is "outweighed by the State’s legitimate interests in presenting reliable evidence and promoting orderly and efficient trials." Not so. Even if this evidence is not the most reliable, its admission would not prevent an “orderly and efficient trial." Exclusion of this evidence deprived Larson of his constitutional right -26-#27396 to present a defense. See U.S. Const. amend. VI; Braddock, 452 N.W.2d at 790 ("The third-party perpetrator rule cannot be used to prevent the defendant from establishing his defense, or deny him the right to a fair jury trial."); luna, 378 N.W.2d 229. As Justice Henderson noted in his concurrence in State v. McDonald, "there was ‘a train of facts to point out the possible guilt of a third party other than the defendant.’ Luna, 378 N.W.2d at 239-40 (Henderson, J., dissenting). Thus, (Larson’s] proffered evidence should not have been kept from the jury." 500 N.W.2d 243, 249 (S.D. 1993) (Henderson, J., dissenting). One accused of a crime in South Dakota should be allowed [his] day in court and permitted to ask the jury to hear (his] story and decide [his] guilt or innocence. [His] hands should not be tied behind (his] back. In retrospect, it seems ironic that [those] accused in South Dakota should be forced to fight for their life to defend themselves against all other "uncharged" acts and, at the same time, be prevented from showing that they did not commit the crime "charged" because someone else did. We should strive to maintain a more even playing field in the future." Mcponald, 500 N.W.2d at 249 (Sabers, J., concurring specially) . 27+ror) MINNEHAHA COUNTY SHERIFF DEPT. —{ropeouen wat BERETS CASE REROnE Heo Ty ear osCTARE aoe TE OCEUETED oF ja aa a 95212209 _'0_05-13.90 330. | saturdey RIT CTT ARETE Ter oF pans DRE REPORTED wipe bole orsectlo : 93-13-00 Se a Tne SEA Wore Have aqSeebal a soe aE We SEES ROSRET TNS PRONE REPORTED BY aa Piao Tine OBES ae To BE Mipeent un, -Montvasa, Si aeqnt171 G08 RELATIONSHIP ‘BONES ApDREES “BUSINESS PHONE: noe 1 _& Country store, Hunbatr, so BNET OF ATI Baton amageds waive we] Talieortoss raeeueneo = PweURES 2 3 stp_of uictin x WaLue or toss av aba chrecone WRB Sen [connie ne mronuarion connency. noves. exe ras | irre ere TERELAVIPREE, METALS ouseno10 ao00s BEST OF Hv WlOWLEDGE AKO NOT aaa See eee “| nviouation oF soci 22:119 cuorinaruse = + ammamiz coos © ae MOTOR VEHICLES eet UvESTOCK a feet _orrice eoumenr misceuancoys ewonrwie OFFice Some ONE Reo PTUE HERE | whOTED [oT NGRRIED | RETO Devlin o95_| 95-13-90 es. Ye tes. STEN HV ESTIORTORS Hider LaGeO AF WENERE TONESTO TD BY —Sae.below Nc ae Se tad 7 wot 7 mores 2 Wogrvets e ossomiemions i Natiesaes 5. Sroten rmorcnrr ano pescprions 7 Penson mrenvewen . 4 Segomnow ano Logation Or eabence {L venuoue orssmienion 7 ters: 1) 1stol,, EAU, dob '12-26-69, white female, hone address 4215 Hine Court, Egan, IN, howe phone (612}454-1236, curvently residing with her father, L/¥@) porrom pial iogat ISHOL, DENNIS, 609 W. Russell #6, phone 338-6369. Jig Séeurcd™ 2) lds S018 Hay dab 12-20-69, anne adrons as viccim He 5u-9~ py gee oe 3) ROEMEN, STACEY J., dob 06-10-70, white female, 1208 N. Orleans, Dell Ropids, .SD,:phone 428-5404, Lives with parents. | yerg 4) RUBLX, LISA Ruy dob 07-26-70, white female, 501 Sth Street, Doll Rapids, Py Lives with parents, phone 428-5157. Maa rictiene sO LUNE EAST ay (CONTINUED ON BACK OF PAGE) % NOTE: DATE. By ‘This report is a confidential record of the Minnehaha County Sherif Dept “This repor In accordance with South Oakota State Law, cannot be disclosed except to Law Enforcement Personal: ASSIGNED TO _ ai ae LEW UP ASSIGNED TO RE BIBT ‘erewie on wGoenT 8e6cane> UNFOUNDED Te. me» Sa fy 98 CLEARED SY ARREST | GED TO AND OE power EXCEPTIONALLY CLEAREDO INACTIVE NOT CLEARED © ‘cHiEr DEPUTY : o)USPECTS & DESCRIPTIONS: : front and sides and long and scraggly in the back~ — - 2) White male,” waknom other physieal characteristics» STOLEN PROPERTY & DESCRIPTLONS: None DESCRIPTEON & LOCATION OF ;LDBNCE® 3) Awound to the left eye and a wound to the Left side of the head approximately one inch ‘above the left ear of Ishol, Sonja H. 2) Aaound to the back of the neck of Roeman, Stacey J. . 3) Gute to the wight and left side of the face coused by Flying glace of Fubly, Lisa Re These wounds were later determined to have been caused by @ blest from = shotgun, unknown gave hy Reavy window of the victints vehicle, dosertbed below, The window was partially shot out by the shotgun blast. 5) Saveral BB holes caused by tha blest of the back portion oF the ont Photographs of the above were taken by Deputy Toft. 4) Statements madé by the vietims in this case. gyMOPSIS: ‘Thie case deals with the victim's back window being chot ove by the suspects sriribed above causing the property damoge end vounde to the victims, described above. MITNESSES: Victims ~~ Saedeate PERSONS INTERVIEWED: . Reporting party, all vietins, and parents of the GEMICLE DESCRIPTUON:: ‘Suepact vehicle se full-sized dark green colored vehicles’ possibly searcte tth a Light colored, possibly white, vinyl top occupied by the sxepecie Joseribed Adar wien sattints webele so a 1989 Ford Festiva, blue in color, SD plate 300570. ‘This above, |The victim e The fublic Safety Building ond’ placed im the bagenent of che building for further oxeminationby investigetors in this case. ae MARKMILVE: On the'chove date and tine this officer received a priority call of s ekeos ine aaa eee ing ut the Town & Casatsy Located at the east end of Hunbolty SP, on Higtway 38. we reise T noticed the victin's vebicle parked in front of the town & Country. "Ther oem merous people arcuid the vehicle. The rear window had been shot out of, the vehicle. oer eon eeeve BE holey in the hatchback of the vehicle: T seked where Che Vie Dat of Maer ere eee ee mad woe informed that they wore jnside the Tom & Country> | ° ven'ct) and cMeerved three females seated at a table’ ineide the Town & Country, T poke briefly With Vincent Siemenena, the reporting perty im this case. J chen addvesoed the victims inthis qace pnd was able to ascertain thet the woundo that 1 ree aserttuad’ in thie incident ware minor in nature and mone were iAf0:threstensng: | Bey ne ered che Sheriffts dispatch and advised thea to dispatch a Hunbolt.anbwlence 12 shen Landline’ one oe rhe Pixe Departaent would not ba needed. 1 then attempted to find what happened ; (CONTINUED (1 PAGE THREE) .Tt me Lorian eC 1611 BY DEVLIN PACE THREE Al of the victiwe in this case were extronely agiteted aod upset by what hed occurred. I aan ot eied the driver, vietse Ml ia this casey Tanya Tahol. She was not injured in the aden iffed ht eked hor if she would ploase step outedde to ny patrol car and tell me what preiden Mae did co and oncé ineide ny pstrol car, Ms. Ishol was unable to give me an exact happened. He nore thte incident had occurred. She etated che thought they were south and location of itches this did sccur. She stated that after the chooting hed occurred, 4¢ hal teken them epproximately 10 migutes to get_into Humbult, 1 attenpted for several minu- ae ne ee eee Seatioe'and vehicle description Frow Ne. Jehol, but vas unable to do se coreg emu near ea Shortly theroafter other deputies fron thin office began to scrive, Sgt. Schmitt arrived Sor eee a hin of what pad occurred. At thet tine Chief Deputy Eleton vas notified of cee eaeeermee. T continued to speck with Tonya Ishol and when I did obtain a supsect seeecie devesigtien (ove above) from her, the sane was relayed to Metro Communications by thie officer: T did speak briefly with come of the other victims in thie case and all were unsure of where Inia dmeident had occurred. They all thought they had been south of Husbolt somewhere, and bone thought they were east and come thought they were west. It was very difficult for them to give an exact location to this officer or anybody else at the scene, Due to the large number of people in the area because of a ctreet dance occurring im Hunbolt on the evening of this occurrence, all the victims in thie case were placed into the Hunbolt bulance and transported to Sioux Valley Hospital in Sioux Falls, South Dakota. The chicle wae left at the Town & Country lot and Sgt. Schmitt end Deputy Lipelt of this office Were to stay with the vehicle. This officer followed the ambulance into Sioux Falle to Sioux Valley Hospital. Upon ny arfival I spoke briefly with the parents of the victims in thir ease who were all present et Sioux Valley Hospital. After speaking with them, I again atteapted to speak with the driver in thie case. Again I was unable to determine an exact location of ‘thie Securraree. She stated she wae very unfamiliar with the area and had never been to Hunbolt fefore and hed no idea vhere this incident occurred. I did speak with the other victims in this ease and all vere unsure of where it had happened, but were conevhat sure that they Gould find the location if someone could take them back out to the area where 4t had occurred. sgt. Zanfeo of thie office then did errive and T spoke briefly with him and told him what hed occurred, He spoke with the driver, Tanya Ishol, as did thie officer and ve were still Unable to determine exactly where thie had occurred. Sgt. Zanfes then took Tanya Ishol and Lica Kubly from Sioux Valley Hospital out to the Bumbolt area to determine where thie inci~ dent had occurred. They were able to identify the above-listed junction of Highway 38 ond Highway 19 as the location of thie occurance upon examination of the rea. 1 poke Later with Tanya Tshol. She otated that she and hor ister, Sonja Iehol; had gone to Dell Rapids and picked up the other two victims in thie case. They had driven around in Dell Rapids briefly and then decided to go to the street dance in Humbolt. Ms. Ishol did pdnit thet sll people in the vehicle had been drinking prior to this occurranee. When thie ciflcer did arrive at the scene shortly sfter the call wae put out, T did wotice an odor of toxicante about ell ins involved, 1 do aot believe that any of the victims were Jerly-inpeired by alcohol or over the legal Limit for intoxication. Q Leal (CONTINUED ON BACK OF PACE) @ :2 Ble SrA HOHG BEYY fouled eee ak dau wher Wey posed. Pe Me. Ishol stated that they had gone down to the Parker exit cn 1-29 and gone west from there nnd had bocena lost. She stated.they Went north on Highway 17 and then she was somewhat sro eused about whore exectly they vere at. They did finally arvive at the location of th ceeeeeance. They vere on Highway 19 facing northbound end the suspect’ vehicle was across the road Facing southbound. Me. Tehal stated that the cuepect vehiclo flashed its brights cn and off at her. Evidently the driver of the suspect vehicle thought the victim's Sinicle’s bright iighta were on. Ms. Iehol stated that her bright Lights were not on and That she flached her bright Lights back at the suspect vehicle. (They then, continued north Rerose the intersection past the auspact vehicle and onto a gravel road "AIL the victine Stated that approximately 1-2 seconde after they passed the suspect vehicle, all the victims taeopt Tanya Ishol heard a very loud hole and vere struck by flying BB'e.end debris. “When this oceursed, the vehicle continued ‘to travel northbound and, according to. all occupante of tho vehicle, great panic ensued. yas upon further diccuseton with Tanya sho, she stated that they traveled northbound briefly wes yelled into » field approach to decide what to do and to try to figure out what hed hap- pened. Mg. Tahol stated that at that time they also disposed of the rest of the beer they ‘ead tn che'spr~ After a very brief otop ot che field" approach, they continued northbound TRU peeiattaly one mile and turued cact on the gravel road, end continued to Highway 19, They thew went eguth on Bighway 19 into Jusbolt. They stated thar they Went vest’'on Bighvay Jee Hosbels duce Hain Steeet and turned onto Hain Street. Whon they sew the large crowd ja town fer the street denee, they turned around and Went back to the Town &' Country where ‘they reported the incident. > é In epeaking with all four Lnjo rdted he reat Ktotly denole whim BL Claims Sh sok of sew, The hewer, iromt Minnehaha. County Sheriff OTA RA he EPO yet iS CASE REPORT aa Der Dare CEU "ine SoGRED on Burg-Res-forced 05-12-90 109 2130 50 Sat-Sun \vORESS OF INGIOENT Dare REPORTED 207M, Feyder, Hartford, SD residence 05-13-90 viciiineaay (rest) ewe) Wowie abOREES HONE PRONE BAUR, CHERYL ANN at 207 N. Feyder, Hartford, SD* 008 ox wee TIBHESS ABDAESS BUSINESS PHONE 12-48 lrenate_| white | Mideo Data Co., SFSD AED Cas) owe aaoress TEE PROTE BAHR, JASON Le z 207 N. Feyder, Wartford, SD 368 TTC BUSINESS AGDTCSS 05-11-72 son ‘OnsECT OF ATTAGR en, damaged Wee) TRE OF TORS ReEVERED mame stolen shotgun, money 260.00 ‘ Untnowsl ‘ALUE OF LOSS BY UCREATEGORT, TW, Rai SHERES ‘cenmiey rie mronuarion unmeney, NOTES, eT. 60.00 nears 200.00 | ave rumasied tarmue to rw rower : ousEnou 62008 SESr of uy enowecose Ano HOT settee reer TE cuoraeiruns — _consuwaste cooos oe ; woronvenicues — —twestock ae see) cat REG OFC“ TRSEMTEER"/ OAETReconoes | WHERESHS—ewovnes— _[BETWGTAIES | ROVERES sented 905 05-13-90 | 0820 Yes Yes Yes OT EH VESTORTORS SURPECT LODGE A TEHGLE TOMES TS TSE see below i yet 5 gers, £ Sugreets « oesonimions & Wines 4 Srocen moreary ano oesenerions 1 eraos terenvnewen : ‘Bescmietow AND LOCATION OF EVIDENCE: 4. VENICLE DESCRIPTION : UTHER INVESTIGATORS: Elston, Devaney, Zanfes, Toft, Wagner SF Police officers: Lt, Dunker, Satterlee, Nyhaug and Sievers LURIM: GHERYL ANN BAHR, 207 .N. Feyder Wartford, SD, dob: 03-12-48 white Eomale, werks for Midco Data Co., SFSD SUSPECT: Hone STOLEN PROPERTY & DESCRIPTIONS: Remington 870 pump 20 gauge 3-shot shotgun” taken from Jason Bahr's baseement bedroom closet. Unknown number of 20 guage shotgun shells, Value of loss $200. Also a $20 check made payable to Jason Bahr from his father. Approximately $40 in cash taken from Jason's bedroom dresser. EVIDENCE: Tool impressions,(hLood sample» fingerprints, photographs, Footprint plaster casts taken from outside and inside the reeidence by members of the Identification Bureau and also photos taken by Devaney. : (SEE BACK) NOTE: DATE_____By__ THs report isa confidentlal record of the Sioux Falls Police Dept. This report in accordance with South Oakola State Law, cannot be disclosed except to Law Enforcement Personnel, ASSIGNED TO Tari FETED TS BON ‘aeFinat oR weoINT GLARE UNFOUNDED a sy CLEARED BY ARREST =. ASSTGNED TO AND OME [iase—— EXCEPTIONALLY CLEARED INACTIVE - NOT CLEARED 0 REPORT CHECKED BY: APPROVED: ea8: Victim's son arrived home and discovered a burglary and theft J vandalism inside the house, None PERSONS INTERVIEWED: 1) Jason Bahr 2) BRAD SFIELMANN, friend of Jason's, RR 1, Box 2, Hartford, sD 528-6532 VERICLE DESCRIPTION: © None NARRATIVE: Jason Bahy ‘arrived home at 0150 hours from Mumboldt where he had gone to a street dance with Brad SPielmann and VON HOLDT, TROY, age 17, lives at RR 1, artford, $D,near Wall Lake telephone is 528-6766 Vonlloldt drove a light blue Buick Regal, 1981 or simslar year, Jason got out and went into the house, which had most of the lights left on, and the south Kitchen entry door was found unlocked, Spielmann and Yontold¢ had already left by this time. Jason suspected something unusual because the lights ehoulda't have been om and the door should have been locked. Jason saidtha he hadleft the house at 2130 hours to go tothe street dance, He said that his brother BRIAN BARR, age 20 : g etill home chen and was waiting for friends to arrive. Jason said that he cold Brian to Lock up the house before Brian left. Brien lives part-time at home and lives elsewhere at an-unknown addresa in Sioux Falls. Jason said that upon entering the kitchen he/discovered ice cream and popsicles\from the. refrigerator freezer dumped 6n the kitchen floor. He noted tha the west Kitchen screen had been cut and that soncone had possibly entered -the house here. There was mud tracked into the house that was oot there prevécusiy, “Javon noted that an attempt. had been nade to break Ante the south kitchen dost as indicated by tool marks on the white wood door and a{bloodetain on the seg side of the dou There vasa partial fingerprint oUeE Che BidaiaEey tjson ‘Tooked through che heuse-amd” telephoned one shee PE ae aR) 38 yother, who vas visiting in Minesota, and aleo Brad SPicinaun, to neteen eo. Mis house.” Jagon found no one in the house, but discovered. cash ands check taken froa his south basement bedroom dresser and a 20 gauge shotgun missing-. fromthe veet closet of the sane room. Some 20 gauge shelie mey sive have nese taken from the same area, where other gune were’atered, A TV gee ie ERaToTs family room of the north side of the bageaone had ats green suedhed th ankmawa weans, Jason's water bed was corn open and there was a(crowbar. present} that. Jason had not seen in the house before. Ie crosbes maf haps eee Fip open the waterbed. Tiere vas aloo a spent yellow 20 pacce shotem atoll. easing on the west closet floor of Jason's room, Jason teokee 12 senne Tes ghotaun and some 12 gauge shells with him upstaize to hie nether a nekcoom for provection, ae he was quite fearful nowt plsay that 2 Mothers Day card and envelope for his nother, froa an unete ia” Fexas tad been rippee open and left lying on hee bode Anaibe Eon he meteet had alse been moveds burs not cpened. ae (NEXT PAGE) oe : .Page 3 ~ ccf 90-01616 by Schmitt, case report \lep checked the house for other occupants after my arrival and checked Lutside around the house. There were faintly visible footprints in the mud below the west kitchen window, There was also a shotprimt on a chatt inside the kitchen below the sane window. Jason said very little was disturked in the bedrooms of his brother, Brian and his brother KEVIN, age 15 [kevin was i Winnesota with his nother for the weekend, Jason said Brian drove a blue Plymouth Horizon hatehback and hung owe with some bad people, but did not know Sf he wag connected aithany illegal drug activity. Zvh le = = Cg “Jason believed that the intent of the burglary was a personal attack againee \5\ him because of the damage done to his personal property and thefe of hs mf Toney. Jason wae not able te recall any gun powder smell when he entered chd house, but it is posetble that the stelen shorgun aay have been fired ta the / |, house at the water hed, and/or the TY set, but this will have to be verffied ov : “ado ee Jason had no certain suspects in mind, but mentioned that JENSEN, DAN, a former associate ef Brian had been asked to stay away from the bar, family and residence akgut a mangh ago by Cheryl Bahr, Jason's mother, Jensen was upset about that. Jason alse id Chae aut Ake porter, coolly he euch eel] EDBERG, TROY, Juvenile son of the Hartford Mayor They cy plade why made threats to fight Jason at che Humboldt street WauCe-TOnTENE, but uheughe that Edberg had been not seriously intending to carry eut-the chreats, and thet if was alcohol related instead. Jason said chat Edberg was closely associated with He CHAD, another juvenile in Hartford —————— as HAD ther j Eee se a sure {f all their friends er former associates knew that. [eae nae Guvow-sute—cnaens Gnd Brian had switched bedrooms last summer, but “Se Deputy Manaing had earlier observed arora JENSEN, MARK, a previous burglary -suspect | :*~ ' He caee in-front of Jensen's residence. at 204 .N, Main, Hartford, at appraxbmately 2230 hours. ‘ : te Brad SPielmann stated that the following persons from West Central High School were at the street dance in Humboldt Street Dance, chathe was. able to recally RECHTENBAUGH, BRET “"\GHAN, Scott co SHOW, BRIAN wee Nao SEDI, WADE nee ~ « \yer w (Continued on page's back) Wwe he ‘ 3 et S ¢4¢_CLOUD, DARREN “ETA, DAN, WALDT,, chants ELENARD, MARK GITCHELL; CHRIS” SNDERSON, STEVE SAMO; JAYS =e : Spielmann, Bahr and Von#olét can supply more nawes of persons in the area gtethe-tiae of the burglary. Dan Jensen was in jail at the time of the burglary, according ‘tot he'jail: computer records. 1 '¢" Boe gas “eaid ‘that-bis: brother, Brian,‘ was supposedly going tothe street dance with other friends, but was not seen there later by Jason or his friends. Jason was released to his uncle HAGGERTY, GREG, 1205 N, Lowell, Sioux Falls, 336-7584 End of report. ; z oe & yeabres pe1, 20-01611 MINNEHAHA COUNTY SHERIFF DEP'T. SUPPLEMENTARY REPORT _ oaicinst, 5/13/90 Rerort Gare ha 7 TNCIOENT Of OFFENSE VicTiw OF SUBIEET GA Aggravated Assault Unknown nerorring orricen _ Seve¥sone bere eceeaeres nevont ryeeo ox, DETAILS OFFICER T. MURS ond nysel£ were dispatched to back up OFFICER HELTKAMP on @ possible driving while intoxicated traffic stop. In speaking with OFFICER HELTRAMP, he stated ha hed WAGAMAR, RICHARD ALLEN, DOB 1/26/69, uhite male, broun hair, brow eyes, 671", 180 Ibs., SS 9504-72-2402, L116 East Ist Avenue, Lot #34, Mitchell, SD. in the patrol car. He stated there were still several euspecte left in the vehicle. Upon checking the guspect vehicle, we noticed it seemed to be the type end color put out at line up on a 4A at Humboldt. ‘The vehicle's description that OFFICER HEITKAMP stopped is as follows. It is 2 1973 Mercury, bluish-green/faded blue color, liceuse: plate 348612. the VEN 4s 32628512665. The Firat subject I spoke with wae GARCIA, TAMARA THREASA, DOB 1/31/63. The subject works for Sioux Falle Bus Gonpany as & handicap ald. She tsa white fensle, blonde haix, blue eyes, 5, 130° lbe., 804 East Sth Street, Sioux Falls, operator's License #503-74-4392. ‘The subject is'aleo the wife of GARCIA, DONSLD DEAN, DOB 1/7/71,. Indian male, black hair, brow eyes, 804 Kast Sth Street, Sioux Falls, works for RSTEC on the Worthwestern Bell building. He 4 removes asbestos montioned later in the report. The subject was then askad if cho had been drinking. She stated earlier she had a beer. The subject stated they had been in Humboldt earlior tonight. After hearing this, I brought the subject back to the patrol car. The cubject was advised she vas not under arrest, but T wuid her to tell me about what they were doing in flumbolde, The subject ctated the four occupants in the car had gone to Humboldt at approximately 9 PM. The eubject stated her husband, Donald Garcia, and her were dancing most of the night. The driver, Richard Wageman, and the other passenger, WALKER, LOUIS JESS, DOB 9/14/71, Indian male, black hair, brown eyes, 5'6", 150 1be., 8S #505~90-5973, 112 North Raleigh, #4, Mitchell, SD. He also goes to school at vee Vo-Tech. : Cowra on sack OF PACE) one pant The pot pote . ey si i se i “7% APPROVED BY: werner Ti excePTIOMACTY EREDhad Jefe to find Zope givle, The subject tated she did not see thew again until the dance let oat. ‘The eubject ctated, vhen the band quit playing, her aed her msbundy Don Garete, walked so the car: Richord Uagenan end Louse Welker vero by # large brick building erguin ith'a Lavge group of people. “The subject strted there was a blond haired kid arguing wit vvagaman, Wagonen apd Walker ‘cone to the car on a ria vith people chaeing thea- they Loft Tuebolde. “The eubjecte etated they drove on an eld bighvey rend. and around to’ the interetate. The cubject vao unsure of the direction not being faailiar vith tho srca. She Stated she kaew nothing wore. The other subject, Louie Jesa Walker, was token back to the patrol car for questioning where he was told he was not under arreet but I vould lake to talk with him about where he had been in the earlier in the evening. Welker proceeded to tell me the four occupants had arrived in Uuaboldt et approximately 12 midnight where they listened to the band end danced. Welker otated, when the band finished playing, Tamara Garcia and himself went to the car to wait for Richard Wagaman and Donald Garcia, Walker then stated, vhile waiting at the car, he had goon Wogaman and Garcia get into a fight vith a large crovd- Walker stated Waganan ran to the ear, started to drive avay, and Garcia caught up and juaped inside. Walker stated that they then came to Sioux Fale where they vere at a party on South Nain Avenue. The otherseubject, Donald Dean Garcia, was intoxicated and asleep in the front seat on the passenger side and could not be questioned. Garcia had a swollen left eye with a cut above. Also he had blood on hie hand and appeared to have been in a fight. There seems to be several discrepancies in the sbove stories as to the time of arrivel, who had the fight, and where the occupants were if they arrived at 9 PM. The eubject, Louis Jess Walker sppeared very nervous and hesitant about talking with us. The vehicle description te a 1973 Mercury Marquis with a vhite vinyl top over a very faded Dlue. It appears as:a greenish color at nightie, ‘The vehicle had several footpinte on he side window and door. It appears to have been kicked. The vehicle was towad by Jim a Ron's and etored inside. A hold was put on it. ; I have no further information at thio time. find of report.1600 tos Aver Sto 140 St Lute ay ATS Phone: 51.528. 52 Fare 651.528.4042 wewenloemerg July 21, 2015 ‘To Whom It May Concer: T am writing on belulf of Mr. Stacy Larson. My organization, the Innocence Project of ‘Minnesota (IPMN), has investigated Mr. Larson’s case for_many years. At lenst three differeat attomeys have thornugbly reviewed and worked on his case. All of them have shared with me that they believe he is ianocent. Initially, we wanted to find the ald evidence in his case. We wanted ta find gay of that old evidence which might contain material that could be subjected to DNA "tne wring best DNA technology available. ‘Vifortumately, the court, and Inw enforcement segmn to have lost or destroyed all af that evidence. Se ete ee nee er ee to follow whatever leads we could. Unfortunately, given the difficulty of a ‘Minnesota based non-profit pursuing a ease where there is no longer any evidence that can be subjected fa DNA festing, we ultimately closed the case. If we were logated in South Dakota, T believe We Would sfill be investigating and pursuing his ease. We did not close the case because ‘we believe Mr. is guilty (es we do in many other cases) but rather because we no longer have the resourees fo investigate a case like this in another state. Thope you will give his case and request the thoughtful consideration it deserves: X Legal Director KEEPINSINKOCENT PEOPLE FROM BEING CONVICTED. FREEING PEOPEE IMPEISONED FOR CRIMES THEY DIDN'T COMMIT.db CA peaae ap) L (Apo nr) Lecklohe b cS. Me toon ose at They. BR itn S . ~frek Mp 3 Bina. S hut S Lawrence S, Tile Mas. ete td) FEAR A 3 Lawre Phar Me Ay SSS. LOST) cs Mbbe S., kar Gredone > (oy US 4) Hes bed iia 08 ¥ ct the) AD. PW Joka d Sternele. Aye Hof : Seat GOS VII AN Lotlina Call hash), WE: WO Tokastene Crr. Dell hep its, SD S¥t022~/58F Head AeTHE INNOCENCE PROJECT of Minnesota LEGAL MALL January 23, 2007 Mr. Stacy Larson ons 26578 POBox 5911 Sioux Falls, SD $7147 Dear Mr. Larson: My name is Joss Birkoa, I'm a student at Hamline University and Y've been assigned through the Imnocence Project Clinic to be the primary person on your cage, Nick Gau’s time with IPMN is ‘ssemtially over and your file has been passed on to me. I have worked with Mr. Gau this past semester and T am aware of the work done as well as needed on your file. An additional studknt ‘Andy Mergendabi, will also be working on your claim. Lunt to apologize for our long delay in writing you. I road your most recent leer and it sounds 1ike you haven't heard fom us since about April, and I'm somy for that. Everybody in the clinic Giactuding ine) who hs heard about your case, can not accopt that « jury would find yoi guilty. ‘The circumstances of your case leads ene to feel proty passionate about the injustice and want to. act youreleased. Mr. Gan was workidg om your claim, however I think ho was reluctant to writs and toll you bad news, ‘Stacy, the bad news is that Sheriff Taylor destroyed all of the boxes of evidence stored in McCook County courthouse. Unfortunately this was done with a valid court order dated August 5, 2005. ‘We can’t say exactly when or how the evidence was destroyed. It seems clear, however that the ‘evidence was destroyed after a letter for preservation of evidence was sent. We do know that Nick called 8 one point and talked to the Clerk, Cheryl Miller who told him that there were five big boxes of suff. Then at some later date when Nick called again Ms. Miller infoomed kim the avidence ad been dsctroyed. Of course w= cass prove that shis was done in bad fait, bat it sure feels. like it This fact was really upsetting to those of us working on the fle, and I'm sure it's ‘extremely upsetting to you,. Stacy, we have not given up, Bven though these boxes were destroyed, hopo was not. We ‘remain! motivated to help. We continue to parsue your claim of innocence and seek exoncration, ‘we are also trying developing altemative remedies that would help you secure a release. We are sill Iooking for new evidence as well. There are still several leads that we intend to follow: ‘Fitst, we arb trying to develop as a possible witnes, the truck dkiver who stopped and called for Lhelp. Maybe his name is buried somewhere in a police record or the 911 offive kept records of the call. He may have seen something that is relevant Jet slong helpfl ‘Scoond we intend to locate an expert who can do a computerized model af your car given all the Moet FULL StZe SeoRN Doo ERECK AND AWETE WITH ‘unite view tors 2 wil wn wu os =a eee setrewmssrsm ye cog we ware while | FASO WAVE 6-4 CALA ME MEM HEE 1S CLEAR! GA i0- Elmer ig ow 28 ADVIScD AsO we 14 novtsen eamLsee/ Teen Stang caere an aor A weer 20-12F. TRANSPORTING THE PASSENGER. HORE C MIFE OF 3 as ena wren 6 way on Riched Whgemen uy WIHTE. ew . He wes with Tabby C bonatd Geren), Thte 2 commited Fair crime. wry hove been picbed ag | rrvelved (ati WHITE men. wns Bl Fre dak dy we] Tobby 1 beck,é wo pat lhe (he ob Josep beet: ear beri hf res een ¢ Fh fS + @ THE INNOCENCE PROTECT 3%. 620, of Minnesota LNGAL MATL Samuary 23, 2007 Mr. Stacy Larson, oe 26578 POBox 5911 ‘Sioux Falls, SD 57117 Dear Br. Larson: ‘My name is Jess Bitken, Puta stadent ot Hamline University and I've been assigned thriagh the Jenoccace Project Clinic tobe the prin pers on your case. Nick Gris tne with DMN is Sincerely, Nelson Rhodus‘ a sess OF SOUTH DAKOTA} IN CIRCUIT COURT COUNTY OF DAVISON ) FOURTH JUDICIAL CIRCUIT STATE OF SOUTH DAKOTA ) AFFIDAVIT STACEY LARSON FOR and ELMER PICKNER SEARCH WARRANT I Jeff Zanfes depose & state that I am the Sergeant in charge of the Investigations division of the Minnehaha County Sheriff’s Dept. in Sioux Falls, SD., & have been a law enforcement officer for the past 15 years & have been involved in the investigations of cases of Murder, Aggravated Assault, Burglary & other crimes against the people & property of the state of South Dakota. 4. On the late evening §-12-9u & early morning 5-13-90 a series of crimes that appear to be related were reported to the Minnehaha County Sheriffs Dept. & McCook County Sheriff's Dept in which Officers of both juristictions including your Affiant began said jnvestigations. 1t was determined that the chain of events are as follows. 2. Between 9:30pm 5-12-90 & 1:50am 6-12-90 a burglary was reported by Jason Bahr at 207 N. Feyder a residence in Hartford, SD. Upon investigating the burglary, it was found that the perpetrator(s) had entered the residence through the kitchen window on the west side of the house. Mens tennis shoe prints were found & photographed both on top of an air conditioner directly below the said kitchen window & on a chair located in the kitchen/dining room under the window described before. Also the screen covering said window appeared to have been ripped out by the suspect(s), said screen was seized for possible comparison of hair or fibers that may have been left behind. the shoe print mentioned above also had a very distinct design with circular & diamond shaped patterns in the tread. Tt appeared as though some vandalism had also been done inside the kitchen area of the house that being ice cream & other food items being taken from the freezer and were found on the floor melted a bit. Latent finger prints were found & recovered from the refrigerator by investigators for later comparison. It also appeared as though the suspect(s) had went, downstairs in the house ta the den area where a television looked to have had the screen ‘broken in by some type of hard instrument. Also it was determined that Jason Bahr’s bedroom had been entered and that $40.00 in cash along with a $20.00 check payable to Jason Bahr from Elwood Bahr's account & a Winchester 120, 20 ga. pump shotgun SER/L1374180 along with numerous 20 ga. shells were taken.Also it appeared as though the suspect(s) fired a shotgun into the waterbed in said room twice & a spent 20 ga. shell was found in the room, said shell is described as a yellow 20 ga. Winchester brand 3" magnum (super stee? magnum). Numerous steel shot pellets were found Ene 1in the damaged bed along with 2 shotgun shell wads that were of the size of a 20 ga.. 3. Between the evening of 5-12-90 a the early morning of 6-13-80 Michae? Curtin of 207 S. Kingsbury Hartford, SD. reported that a bedroom window at his residence had been shot out with a shot gun. Upon investigation it was found that the southwest bedroom window had been shot out with what appeared to be a shotgun, this was determined by the pellet holes left in the window, shade & wall surrounding said window. Shotgun pellets or shot was recovered in the window sil] & bedroom of the home.Said shot appeared to be very similar to that found at the Bahr residence burglary in both size 8 metal. Tt appeared as though the suspect(s) had fired from an area south of the house near a gravel street that runs east/west, at that location. One shotgun wad was also found in the yard on the south side of the house & it also appeared to be very similar in size & composition to that of the wad found at the Gahr's residence east of this home in Hartford. Vehicle tire tracks were found on the gravel street south of the house & said tracks were photographed a& plaster casts made of the same. 4. Between 11:50pm 5-12-90 & 12:02am 5-19-30 a shooting incident occured just west of Humboldt,SD. It was reported that a car driven by Tanya Ishol was traveling northbound from the jct. of the So#38 west jet. SO#19 when she saw a large green colored vehicle stopped directly across said intersection. As Ishol drove north with 3 other gilfriends in her car the green car brightened its lights on & off, she then flashed her cars lights on bright & back off again. Ishol stated that she then looked at the driver of said car as she was annoyed at him she did give a description of said subject & Jater in the investigation a composite drawing was done with her aid. After Ishol drove by said green car said girls heard an explosion & the rear window shattered, Ishol slowed the car & another notse occured. At that time the girls discovered that they had been shot at & the 2 girls in the rear seat of the car were both wounded by shotgun pellets striking them in the neck & face, also the front seat passenger received similar injuries. Ishol & her passengers then flen in their car & went to a convenience store in Humboldt & reported the attack.After the vehicle was observed & searched by investigators it was found that many “shot” holes were in the back panel of the car as well as damage inside the car.Deputies at the scene found @ recovered several shotgun pellets which appeared to be very similar to that recovered at the Bahr & Curtin residences in Hartford, SD.. Deputies also found 2 shotgun shell casings, fitting the description of those reported stolen from the Bahr residence & one wad similar to that found at both the Bahr & Curtin residences, these items were found on highway SD#38 where Ishol & her friends reported being fired upon. 5. On 5-13-90 at approx. 12:00am another shooting incident was reported, this to the McCook County Sheriff's Dept..It was found that on ‘highway I-90 about .6 miles east of the Montrose exit Ronald Hilgenberg of Parksten, $0. had been shot & killed while driving his car at that location. Investigators found thatHilgenberg had been traveling west in his car with b wife Louise Hilgenberg near that exit when the drivers side window exploded & vehicle in a passing Tike maneuver as the victims car had been southside of the head of the victim.McCook County Sheriff Gene L p: Taylor was present at Hilgenbergs autopsy & saw a compared pellets py found at the Curtins residence in Hartford & those recovered from Hilgenberg & it appeared as though the shot was extremely similar. 4 6. On the evening of §-12-90 & early morning of 5-13-90 a street - ft” dance was held in Humboldt, SD. the said dance was held at the time is %$ of these above incidents. a for wo 7. Other like incidents were reported to the Minnehaha County Sheriffs Bet. involving vehicles being shot at, on the dates Mets mentioned above & on those occasions cars were described similar to that described by Tanya Icho’. ws fr pee & On 5-15-80 Detective Charlie Larson of the Mitchell Police 7 Dept, advised Investigators that he had spoken to a Confidential VAS Informant who ta _known to him ao an upstanding citizen of the if 1, community who advised the following. -wtS' The Informant had spoken to kevin Larson of Mitchell, $0 & Kevin we told him that he had spoken to his brother Travis Lareon of Sioux C Falls, SD. & that Travis told Kevin that their other brother Stacey 4e""1., Larson of witchel!, SD. bad bean at the Humboldt street dance on both brother that Stacey Larson drives @ owns a older model ford Met LTD green in color. Tt was related that Travis Larson suspected pl that "his brother Stacey Larson may be involved in the shootings, coal an ante le desert py ne reports is similar to that of + Stacey's car. wr fe) Investigators as Elmer Pickner of Mitchell, SO..It was known to J “LY. 9. on the afternoon of 5-15-90 a photograph of Stacey Larson & several other like individuals was prepared in a photo-line up & the line-up was presented to Tanya Ishol in Sioux Falls, SD. 07 Tshol studied said photo-line up & stated that the face that \e [& appeared to be very close to what she ‘remembered was that of the fe { photo of Stacey Larson. Ishol also stated that the hair looked YX different in style but the face looked Tike the person driving the 7{+% older green vehicle that someone shot at her & her friends from wt near Humboldt the past weekend. 10. On the afternoon of 5-15-90 Investigators from Minnehaha Co. McCook Co. & the SD. Diy. of Criminal Investigation went to the Police Department in Mitchel1,Sd.When said officers arrived-it-was found that the Defendants Stacey larson & Elmer Pickner were already at the police station reporting an unrelated casein which Elmer Pickner had lost his wallet & he had questions on How to regain custody of his children. «. Investigating Officers found that the car the Defendants drove to WU the Mitchel] PD was the Ford LTD belonging to Stacey Larson that being a 1973 Ford LTO Tight green with a white top 80 license BAX147. The car was looked at by Investigators & your affiant & said hea yX QO car anseared to have tire tread similar to that of tracks found at ee fe \s b vu And) Ss the scenes of the shootings in Hartford & Humboldt over the weekend, also there appeared to be impressions & paint chips on the side of the car that appeared fresh & clear of rust, note that it has rained in the area of late, & the marks appeared to be consistant with BB or ricoceted shotgun shot pellets. 11. On the afternoon & evening of 5-15-90 the Oefendants were interviewed by Officers of the SD Div. of Criminal Investigation & Deputies of the Minnehaha Co. Sheriffs Dept. including your Affiant. Both Defendants deny involvement in said incidents, but information obtained from them show that they were neat the area on the time of the shootings, and both advise they were together but the stories & alibis were not consistent with each other. 12. Wherefore your affiant now believes there is probable cause for issuance of search warrants, authorizing the search of the residence of the Defendants. 615 S. Rowley Mitchell, SO. & the vehicle belonging to the Defendant Larson a 1973 Ford LTD SD LIC/8AX147 to search for the following; One Winchester 120, 20 ga. shotgun SERHL1374180; Numerous yellow 20 ga.Winchester brand 3 in. magnum steel shot shotgun shei!s; Tennis shoe type footwear with a distinct circular & diamond shaped tread design; du-fingerorints'of the Defendants for comparison with Tatent prints UY round at the scene of the Hartford Burglary; Hair & clothing samples from the Defendants to compare with samples left at the scene of the Hartford Burglary; Tire footprint impressions from the Ford LTD to compare with those left at the scene of the shootings in Hartford & Humboldt; $40.00 in US Currency; pi One $20.00 check to Jason Bahr written on the account of Elwood Bahr; Afeiant respectfully requests the same. SF 0 Dated this /: f (tlhe Oe is LE dey of a Mitchell, South Dakota.90-1640 MINNEHAHA COUNTY SHERIFF DEP’T. SUPPLEMENTARY REPORT ORIGINAL. 95-14-90 Set ate THCIOENT OR OFFENSE ~ ~“WicTiM On SUBIECT oa Aggravated Assault WALDMER, JN REPORTING OFFICER Lcarancaada ae eee ae anaes a seron Teo 8 DETAILS oon houre, reporting officer received information from Special 1 Investigation that there was 2 suspect yr the shootings involving On 05-15-90 during the aftern Agent Fred Devaney with the Division of Grimins: Living in Mitchell that poseibly could have been responsible fo: this case. Fred Devaney obtained a photograph of this suspect who isy LARSON, STACY dob/06-26-69 After obtaining that photo, Fred Devaney and Detective Toft of the Minnehaha Sheriff’e to line-up containing six photographs of six different sub- Department did construct a phot graph #2 of jects. Contained in this Line-up vas Stacy L.. Larson who was placed in pl the linecupe Reporting officer and Detective Toft showed the six photographs containing this Line-up ‘WoL, TANYA . on this date at approximately 1300 hours. Tanya advised us that the hai on #3 appeared to be very similar to the hair of the driver of the vehicle that they passed at Highvay 19 and 38 just prior to the shooting. Tanya advised reporting officer that #2, who is Stacy L. Laveon’s face, appeared to be very, very close to the party thet was driving thac car. However, the hair was someshat different, more similar to ¥3"s photograph. Reporting officer asked Tanya to look at just the faces alone again to sea if she could povsibly ddentify that person. Tanya staCed again that the photograph of $2, eo far se the Roce gose, wae very vary close to that person driving the car when the incident took place. ‘the only thing that wae comovhat different was the hair on the subject Reporting officer thanked Tanya for coming down and advised that we would be in touch with her egain reference to additional information. End of Report. Kx @ sepnoveo er: ] wae (|e RD90-0161 MINNEHAHA COUNTY SHERIFF DEP'T. wo. SUPPLEMENTARY REPORT gaiciva, 5-13-90 REESE Save, THEIDENT OW OFFENSE cecreeeres ict a Sue 4A Aggravated Assault TSHOL, TANYA ncronring orricer TOfE 5-23-90 On 5-14-90 at 1955 hrs. reporting officer mot with SHOL, TANYA RICKI, DOB 12-20-69, 338-6369, ~~ im reference to the shooting which occurred at Humboldt on the evening of 5-12-90. Tonys stated that che did have o brief moment during that night before the shote were fired where she sav the driver of the green colored vehicle. She described seeing the individual az she Grove by the green cax. She stated that she had glared st it and the driver as she was annoyed that the individual had flashed his lights at her and che had flached hex Lights back. She stated that the driver of the vehicle was a white male, about 20 to 23 years old. He appeared to have a fair but tanned complexion, small build. She also described him ae having derk brows longer hair in tha back, shorter up front, type of shaggy - longey in the hack, and having a thin mustache. anya Tehol described an individual to reporting officer and a composite drawing was done vith her aid. Tanya stated that it was just a brief glimpse of the individual. She stated that the drawing thet was done from her deséviption looked much like the individual she reuembered, but che believed that the hair was still a bit wrong. Shealso stated that thio was « Like- nese of the individual and Gid not look exaccly Like hib, but vas Tately sIS@= See attached copy of composite drawing. End of report. NOTE: DATE This apart ie County Sheriff's Ofte. This report in oxcord- Law eannat be + ccement Personnel ASSIGNED TO. teen felled cena aes |1 ahhh, . Lh wack BCC Presertotiv~ Sarkar , Scottsdale, AZ &LASS Shs ry, 17350 N, Hectled Dv, <7 phi 480 wld deel TSemty ob A lle, 4 ahagesn. co: i MINNEHAHA COUNTY SHERIFF DEP'T. 10. with y7go, SUPPLEMENTARY REPORT IG ace_09- 13-90 a p2\ Veeasbece |. Sesncls Andrew Ske Paramnemae whi 6 te 4a ISHOL, TANJA M8 UOT Helgeson fe eee eeeee aepoRt TYPED ay 7 REPORTING CFFICER RG a ae Fokatefarmats Ronnie Muace, On 05-13-90 at approximately 2300 hours T spoke with Sher! Glas, Panta MeKianeyy Whim Bicberd LUETH, STEVEN, dob 12-08-52, 100 S. Kelly, Hartford, im reference to the shots fired in Hartford on 05-13-90. Hr. Lucth stated thet he had been working out in his shad at bis tesidence and is pretty sure that he heard the sound of a ahotgun going off between midnight aod 0030 hours, tir. Lueth then stated that: he beléaves it was about 2 minutes after the shotgun blast, he observed what he believes was a white older model van head north on Kelly Street at what he coneidered to bo a high rate of speed. He said the vehicle came around the corner off of Vandemark onto Kelly and continued north on Rally. Ko did act cco what direction the vehicle then left. Mc. Lueth stated that he believes tha vehicle waa «white older modal van which had a Dive stipe along the side of the van and then another blue stripe couing From the cop of the van meeting up with the stripe cunning slong the cide. Ke stated the vehicle aleo hada window on the side of the aq. ta vas unable. co got a look at the occupants of the velicle of say Lisenée plate 4.5% He ~ixker on the vehicle. - 4 Hl wus chet of of ,@ Ron? tea wn white apace 14h astce Cale stchiee Sed tretpeion posted a8 192-4 Toa in) z Mlactford. The van had SD license 1CH865, it” a 1975 Dodge van,. gray-éd olor, registered vy > to mld bo rede Shetty ekeey Michele Los wh Ge cree 1 ee ow ub ya. stil ix Had ford, wee STRINGEE, LARRY W. ‘This van was gray in color and did have a blue stripe running along the side of the van with another blue stripe running froa the top and joining up with the blue stripe on the side, There were windous on boch aides of the van- Lath, Ging Shriveke 1S. us, Stoinaka’s racidance st 107 N. Oske de the next treat co che ext tom kgngebucy where the shots were Eited- YOK DLASH. Gaon * fae Ce : ; ; wife’ Graation at this tine. End of roport., Leal Shank: Me ee fy Hl. Chigiieg chess Jovial, Obed HS: alsa’, Sabon Stave, barn OA Met fede : cohol h \84, W thabrak the hed Go Dell Raids, . FTV. wh oy (fe ‘ Gee Nain cidanre Picket cong il z T have no further 4 2 WO 1% OOK NA,cep wanda’ gol warped Shelly Shields Wagaman Is on Facebook, Bieler Waspene Tocores ih tly, snp Fx ey Looks ot he wee ES apo fealy Stroy Lewss ae TWIN, very, very Similac affenrence. favontes ae ‘ Ln ae ey hega ie, Me eto, Taco as ef umbensn $0, ke Sak, Su ala ‘ei oar eo a re oan er thy olga sic it Sta on Chae! Cae, ‘usar Prec, Omtensbeas an ine Prd bo SHeert homer, dure Brom the Heel Rad Fmes of ALL fle. Others Wiha Bitar Name CHES GP msm . om cua het Aoutey oy Stal Cte 34 PP onesie CcontAcT MFoRMATION No contact into t showpreseeeeaiereer ‘EUGENE TAYLER INTERVIEW 621 N. Dakota Street Salem, South Dakota (On Apuil 17, 2012, Tinterviewed Gene at his place of business regarding the Stacy Larson case. Gene used to be the sheriff in McCook County and did'in : fact handle this case when it went to trial. He was still there when theGrder Se illeged cater Rie came down to destray the evidence. : feos FER eae Trea ar eae rer a song He stated that DCI Agent Jim Severson was with him at the time he : destroyed the evidence. He thought they took it to the county highway ig 4-0 2 department yard to bum all the evidence. He stated thatif there were any shells fry ov casings oranything of that nature, they would not have been destroyed. If fy dst i ‘ “chee RGD there was. gun, which he does notzecall hen he believes DOL would have as | taken that gun. All the time he was sheriff any guns used in the commission of a crime went to DCI and they handled them for either storage or destruction. Pele Other than that he doesn’t know much about the situation anymore. t? BCE Gene stated he has been out of there for four years and he does not have a Jot of memory about destroying the evidence except that he doesn’t believe that 5 Ine recorded anywhere exactly what they destroyed. He personally doesn’t are remember anymore what was destroyed. He assumes most of it was items they $e had picked up at the crime scene on Interstate 90 when they were doing their pats! \gclO, crime scene workup on the car and the body xight after they were shot. P He doesn’t believe there was much of anything else taken in of evidence Geld except things from the convenience store like tapes, photos and things of that | nature. He does think there were other items taken in from both the other | ‘fit wasn’t entered into the court file then they destroyed it and it s all about the same type of stuff. .‘SHERIFF MARK NORRIS INTERVIEW #2 _ April 17, 2012 again met with Sheriff Mark Norris while inventorying the court file for the Stacy Larson case. He stated that if Sheriff Gene Tayler and DCI Agent Jim Severson destroyed the evidence he was not aware of it and was not around ‘when that happened. He assumes it was either taken to the county landfill ox the shop to be destroyed. Regarding looking for any evidence of guns, casings, wads, or anything of that nature, he stated he had already done that. What he showed me the other day was,the only thing he has left. Its his assumption that they don’t have much room around the courity courthouse to store items. He believes the DCI handles all weapons involved in crimesat the crime lab but again, he has no knowledge of that happening, ‘Tim Malloy Investigator‘Lena Care information stacy Larson 22/36 201 8 Justice Denied - Legat-Gds Need Legal Assistance Hetlo My name is Stacy Larson. Lam an innocent man in prison for a crime I did not do. My co-defendant was found not gulity by a jury and my other co-defendant the charges were dropped, and all three of us being together that night. ‘The State had no eyewitness, no motive and no evidence that matched us, like fingerprints, shoe prints, tire tracks, time wise was impossible for us to be involved when the murder happened around 11:42 pm and we were 43.2 miles away at a gas station at 11:52 pm, The clerk even testified that we were thera, T did not do it. am an innocent man in prison. 1 can use all the help I can get. Please contact me. I can use any kind of legal help. Thanks, Staey Laon otk Write to me at: Stacy Lee Larson ‘#2ERTE / N-270 South Dakota State Penitentiary PO Box 5911. Sioux Falls, SD 57117 : send view Personal Ad Justice Denied ‘Main Section py fonttensbeyontbewal com pp ads-maleflltson stacy 26578, leq: Page 1 of 2(tone i Is Thy, 5 yt) | U.S. Department of Justice Civil Rights Division Abra Manegeent Section 350 Pennslvnda Avene, Washington,DC 20530 EMI : 144-86-0 BEC 31 2085 WH: 20151111-06357123 Alicia Vano Clayton, WI 54004-9008 Dear Ms. Vano: ‘This responds to your letter, to President Barack Obama, regarding Stacy Larson, You allege Mr. Larson has been wrongfully incarcerated in the South Dakota Department of Corrections for over 25 years, You further allege staff misconduct has prevented Mr. Larson's telease and you are now secking the Department's assistance with this matter. We have given careful consideration to the material you have provided, However, you have not provided sufficient information to determine a possible violation of federal civil rights statutes. We will consider the matter further if you provide us with more specific information concerning the nature of your complaint. Please send any additional information to the following address: United States Department of Justice Civil Rights Division Criminal Section 950 Pennsylvania Avenue, NW Washington, DC 20530 ‘We hope this information is helpful, Please do not hesitato to contact the Department if we may be of assistance with this, or any other matter. Sincerely, Verbied Yat (ES- Faye MDrnnty Z| Cont oedir th distreg Kier, EeeMeDonney qwidiact, WAS Meg. ™ i Of Cow 2 ceceMINNEHAHA COUNTY SHERIFF DEP'T. ‘w.20-016! SUPPLEMENTARY REPORT omc, 5/13/90 ate Coe arearmerree WOE OR OFFER : Tieton SET 4A Aggravated Assault ‘Unknown nevonrine orricen _ SEPEFHOR ware 9/13/90 nevont rere wy “St DETAILS OFFICER T. NYHUS and myself wore dispatched to back up OFFICER HEITKAMP on a possible driving while intoxicated traffic etop. In speaking with OFFICER HELTKAMP, he stated he had HAGAMAN, RICHARD ALLEN, DOB 1/26/69, white male, brown hair, brown eyes, 671", 180 Ibs., SS #504-72-2402, 1116 East lst Avenue, Lot #34, Mitchell, SD. 4n the patrol car. He stated there were still several suspects left in the vebicle. Upon checking the guspect vehicle, we noticad it ccened to be the type and color put. out, at line upon a.4A at Humboldt. The vehicle's description that OFFICER HEITEAMP topped is as follows. Tt ie 2 1973 Mercury, bluich-green/faded blue color, license plate 34R612. The VIN is 32624512665. The iret subject T spoke with wae GARCIA, TAMARA THREASA, DOB 1/31/63. The subject works for Sioux. Falle Bus Company as a : handicap aid. She ic a white female, blonde hair, blue eyes, 5’, | 130 Ibs., 804 East Sth Street, Sioux Falls, operator's licens #503-74-4392. ‘The subject 1s also the wife.of GARCIA; DONALD DEAN, DOS 1/7/71, Indian male, black hair, brown eyes, 804 East Sth Street Sioux Falls, works for BESTEC on the Northwestern Bell building. He | 4 xemoves asbestos. The subject was thon asked if she had been drinking. She atated earlier che had a beer. The subject stated they had been in Humboldt earlier tonight. After hedring thie, I brought the subject back to the patrol car.” The subject vas advised che vas not under arrest, but I wuld hex to tell me about what they were doing in Humboldt. The subject stated the four occupants in the car had gone to Huaboldt at Bproximately 9 PH. The subject atated her husband, Donald Garcia, and her were-dancing most of the night. The driver, Richard Wageman, and the other passenger, mentioned later ia the report. WALKER, LOUIS JESS, DOB 9/14/71, Indian male, black hair, brow eyes, 576", 150 Ibs. SS #505-90-5973, 112 North Raleigh, #4, Mitchell, SD. .He also goes to school at Mitchell Vo-Tech. ; 1D ON BACK OF PAGE) Nowe patt This fpot ic na ae oe ine ‘elton P sept te Lew Enfcrca ASSIGHED 70, EXCEPTIONALLY CLEARED 1Lat In i Ack: when. She get dime a ae fee gf hes ding. ve Nos ncfuelly HME fh pede a bayer Ye Lhd: anes Leck. End up daiey « mectdecy 0s eet ng had eft to find simd girld”” The cubject tated she did not see than again wnttl the dance et oat. ‘The subject stated, when the band quit playing, her ard her Heabond, Den Garant walked to the car. Micherd Wapanan and Louie Walker were by s large brick baiddaoy otter ch a large group of people. the subject served there uae a bled belted bid sree ae vlagaman. Woginea ond Walker ‘cane to the car on a rn with people hecing thease Tae Homboldc." The subjects stated they drove on an old hgmmay’ seed act creed te the interstate. The subject was unsure of the direction not being familiar with the area She ateted ahe ier nothing more. ieee The other eubject, Loula Jess Walker, wao taken back to the patrcil car for questioning where he was told be was not under arrest but I would like to talk with him sbout where he had been dn the earlier aa the evening. Walker proceeded to tell me the fore soerenete hed arrived 4a Donbolde at approximately 12 midnight where they Listened ts the heed eed anced, Walker stated, when the band finished playinge Tanare Garcia end hinaclE tent te che canen wait for Richard. Wagaman and Donald-Gareia. Walker then stated, while waiting et the car, he had econ Waganan and Garcia get into e Light with « large ertul, Malice crated Wegenen ran to the cary started to drive avay, and Garcia caught up and Jumped ineide. Welker stated that they then cane to Sioux Falle where they tere at a perth on Seueh Mane ere, The othersoubject, Donald Dean Garcia, was intoxicated end asleep in the front seat on the Passenger side and could not be queationed. Garcia had a swollen left eye with a cut above, Also he hed blood on his hand and appeared to have been in a fight. Thexe seems to be several discrepancies in the above stories as to the time of arrival, who hod the fight, and where the occupants were if they arrived at 9 PM. The subject, Louis Jese’Walker appeared very nervous and hesitant about talking with us. The vehicle deveription is a 1973 Mercury Marquic with a white vinyl top over a very faded hae get gtphent® a6 @ greenioh color at nightine. The vehicle had several footpints on he oide window and door. It appears to have been kicked. ‘the vehicle wae toved by Jim a. Ron's and atored inside. A hold wes put on it. E T have no further information at this time. End of report.MINNEHAHA COUNTY SHERIFF DEP'T. SUPPLEMENTARY REPORT onvcinay S13 RERORF Save 05-13-90 yt conse, ons “neronrineopricen__ NABH Lines [pare __ 0871790 neront reco ey af oetaits At approximately 0120 hours on 05-13-90, reporting officer was notified by CHIEF DEPUTY ELSTON of @ shooting incident which eccurred near Humboldt, South Dakota, in ubich injuries vere sustained by three fevale:. Tt was also learned that a homicide had occurred din MeCook County, a short distance weet of the Humboldt incident. Reporting officer and Elston did go to Humboldt, South Dakota, and met with SGT. SCHMITT, DEPUTY TORT, DEPUTY LUPELT, and SPACIAL AGENT DEVANEY. The vehicle in which the threa fema- les were riding was examined and photographed. Shot pellets were recovered from this vehicle by Toft. A report of another shooting in Hartford was received. This incident securred on S. Kingsbury Street in Hartford, South Dakota. Upoo arrival in Hartford at this location, the CURTAIN residence scene was secured and later a shotgun wad, pellets, and tire imprint castings were procured by the Identification Bureau of the Stoux Falle Police Department. sporting officer did then go to the address of 207 N. Feyder, Hartford, South Dakota, where it was learned that a burglary had taken place. This io the reeidence of BABR, CHERYL ANN, DOB 03-12-48, phone 528-6517, ewployed at Mid-Continent in Sioux Falls, South Dakota, phone 334-4154, Ext. 8710. Three sons also reside vith Bahr, those being sanys mare BAUR, BREAN Hf. DOB 04-24-70; Bartas Worss for s ‘i 95 ~ j BAUR, JASON L., DOB 05-11-72 Frawsaor Gus her : and Tur Ada of Kw a" IR SAME, KEVIN J., 000 06-24-70, enployed with 8 BN Moma iy fox Fats. Lt wae learned that Mre. Bahr and Kevin were visiting relatives in Minnesota, phone 612-695-2297, ‘The residence was secured for the Identification Unit of the Sioux Falls Police Department. (CONTINUED ON BACK OF PAGE) eecenTiGuncly CLEARED 2 Lalhge wrong feces Kies pre ei f Tiere nora [ (CHIEF DEPUTYRoportdag Sfftier Jid hEY KEnversatdon with Jeson Bahr. Tt was learned that be had left Nn residenee between 2100 and 2130 houre with friends. (See Supplementary Report by Sgt. Schmitt.) Be did then go to the street dance in Humboldt, South Dakota. It was etated hy Jason that hie older brother remained at the residence whon he in fact left. Jason further stated that hie older brother did appear at the street dance in Humboldt later ln the evening. Later 4n the evening, Jason did spend the night ot a relative’s, AGGERTY, GREG, 1205 N. Lowell Avenue, Sioux Falle, South Dakote, phone 336-7584. ‘Through further dnvestigation, reporting officer did learn that friends of Kevin yore SNYDER, DELIGHT and and they currently reside in Apt. 47 in the south building of the apartments located near 1-29 and, let Street in Sioux Falls, South Dakota, phone 361-2984. Chief Deputy Elston, SCT, ZANES, and reporting officer then did go to thie Location and learned where “eee eee ge idtaticed feagtt Sefer tts, and NUMAN, ALTON lived. ‘These officéve and Deputy Toft and Agont Devaney did then seek these persons. Afte cousiderable searching, Kevin Bahr wes in fact located at a farm residence bearing Fire 124-120 tn NoGook County. The following vehicles were present at this farm reeidence end bora the following plates: le A Ponting Firebird, license plate 616538; 2, License plese 1FW884; 3. License plete 4602213 4, License plate 1BH473. Kevin Babr stated that he in fact did leave Humboldt in the Firebird with License plate 610538. Be rode to Yontrose, South Dakota, and spent cone period of tine there before Ceturaing to the farm recidence. He stated that he had drank a lot and was quite intoxi- Eated. After having had conversation with Bahr, he accompanied these officers to hie resi Gonce in Hartford, South Dakota. Reporting officer did also have conversation with DERRY, STEPHANIE, DOB 07-19-72, 206 N. Foyder- Also present were (CONTENUED ON PACE THREE)Supplementary Report by DEPUTY WAGNER, CCP 90-01613 Page Three THOMPSON, JEFFREY D., DOB 10-22-70, 712 N. Linda, Sioux Falls, South Dakota, phone 332-5385; HEADRICK, MICHARL,, DOB 05-01-71 (aee computer files). Reporting officer was advised that KUUSELA, ERIC, DOB 06-09-71, phone 332-1688, was in fact eeleep in the residence at that time. Reporting officer was further advised thav IANSEN, MARTY as also asleep in the residence at that time. Ie wae further stated that at approximately 2300 hours, Berry had returned to this residence in the present of GOOPER, of Ellie, South Dakota, phone 361-6453, who was seated im the right front. Eric Kuusela was seated in the right rear. Stephanie Berry was seated in tha right front. Marty was the driver. Berry went on to etate that Lighte were noted in the Bahr residence. She attempted to lend line same but did ot get an answer. “Xt was learned in conversation with Kevin Behr that he had in fact left the lights on in this residence prior to leaving. : eporting officer also spoke with McDANIEE, EVERETT, DOB 11-09-29, 205 N. Feyder, phone 528-3990, who etated that he did in fact recall a vehicle which he described to be a medium. size 4-door, black Jn color, pass through the alley behind (west of his residence) at about 1801 hours on the previous evening, 05-12-90. 7 Reporting officer and Sgt. Zanfes did in fact locate tire prints in the alley. Said tin printe appeared to have traversed thie region on more than one occasion. Casts of thesé tire prints were made by officers from the Sioux Falls Police Department Identification Bureau. Reporting officer did epeak with KRIER, EWALD, 203 N. Feyder. (CONTINUED ON BACK OF PAGE) NOTE, DATE, ay, This roaart ism confide uy Sheri’: OffewHe con offer nothing. There wae no Groner ct 201.N. Feyder. Reporting officer did peak with PORELY, EMMA, DOB 05-10-05, 204 N. Msndt, phone 528-3223, Located directly te the weet of the Bskr residence. She can offer nothing. Reporting officer did speak with SPICAK, SI, DOB 02-26-17, 200 N. Mundt, phone 528-3213. He can offer nothing: “(Beporting officer had land line contact with SABR. ELWOOD L., DOB 04-13-46, 609 - 17th Avenue N.E., Aberdeen, South Dakota, phone. 225-6982. He stated, that the shotgun missing from the Bahr residence vould in fact be a Winchester Ranger 20° gauge shotgun vith choke tubes, vont rib, recoil pad, and thought to have 28" barrels. ‘It vas stated that the chotgun was purchased 4 or 5 years ago at A & C Variety Store, Sieaeton, South Dakota. Reporting officer hae requested a recorde chock with 551 and learning the eeflal number of this gun. As of this recording, no reply in regard to this request. Thie io all the Anformation 1 have availeble. End of report.Aaguel Ws 2085 bia Lopune Dacegantd, thed oblhongh ecie acbplil aye, wee ee. ntl pg, Cone eye apd. prprerpehy, be ty hy hte, for, TTL sntbraty wasted 4a fy PE Zann a, Paget ageing Hog A. Kaden» C7 R23 OST _ tie Le Pinch.) cetial shateanree, JL hee ene heey mo Ethane Ph rneig IY The “CPL, D2" Kb tacks “Au gy reel Ard atin onl mtn wih nem Hy ay ls tg hL Aly cliry hee tle em PX DAL Zn tema” Heat ge Ow ne, ie ote AAT, Khe Monge Koo Yon power Lr trek Bhi wrong ple AyD rol fap webind. Ca giire grate deme Officer + prect oleal uf Hapethainig He wibolo To BMal wpe fn poten 2% tt. Ard thowrty tow puck. gyi Ce chin Ll fhe gor pety Pot 2, ACTUAL Sette oe al, Tht ge fur ending Theta clots Dery oh etn lens tor SD wll appre To fee phen Sb Lees IZ ay Pig, ie altel, >, che MT A. > AlGCA Vere Teotbre—., Me & chercly does ~ fr tt trons oot ~ No he bik nif ret CAC.we "ae Candas 3 fm shee el ling fst ‘iy Elcan a ayCa scpeted fed ont: Rese oom, ‘tae ah a ovis Defendant joked eet vente vanzburg man dies: Rapid aris tat about 1-90 killing, “fon, Nees witness testifies won Pennington Five more people arrested in drug case Other S.D. ne Consumers can cal with tlsree numb‘yooariouny Feotieas | Winter Term: Classes Begin ‘November 261! — it * Commercial dane“DEFENSE (continued rem page one) home, "I finished with it at about 1190 (pam) he said, He esti “mated that lie was on the road by 1135 p.m. Kallar said the car was in motion when the driver tnemed its headlights on. The ear wis south Hound on Highway 19, be said, headed toward the westbound Interstate $0 on-ramp, but he couldn't ste if the ear ihmned on the camp, *Typuld have tought it would have been hard for Bie car to get on the interstate,” he said, hhecause of the speed it was trav: -eling, “11 was just floored.” ‘Katlar reported his encounter with the ear to authorities on Sunday, May 13, and described the car 88 dirly white or fight _Broon in color. ‘he prosecution alleges that Larson was behind the wheol of his light green Ford sedan the ight of May 12. A young woman from Dell Rapids testified last ‘weok that she drove slowly past @ fight green car parked near Phe intersection of Highways 98 and 18, and saw Lanson In te driver's Seat, Moments later, her ear yas stiuiek with two shotgun blasts, Kellar said he encountered five ‘ears front the time he left the interstale to the time he was ran ‘off the road near Highway 38,'The light. green car, he said, was the ‘only southbound vehicle ‘The jury alsa viewed the video: taped deposition of Herold noth, who was employed at 7 ‘Eleven, S01 N, Minnesots, on May me Maneth testified that be | remembered Pickner and Larson ‘were in the 7-Eleven at least two times thal right, buying food ‘teins “Tsawe them two limes, maybe more," he sald. “They were buy ing lots of food and eating really quick” Maneth said he remembered ‘Larson und Pickner bought bar- becurd sandwiches and nachos ‘between Opin. ond 1. pm. May 2. : A study of cash register tapes show purchases of those items at #82 pk, 1028 pan, 1027 pan. and 1043 pn. Manieth said he couldn't recall for certain, however, if Larson and Pickner made wach of those purchases, *1 didn’t independently. rvcal ‘what they bought” he said. His testimony of the items they may ‘have purchased, he sald, is based ‘on the prices of certain items ony the cash register tape *Toan’t say iéthey were in (the| store) three limes," Maneth said on the videotape, when ques: tioned by MeCook County State's Atlomey Roger Gerlach * can] only say they were in twice.” Maneth also said under cross. ‘exainination that he didn't imme diately recall the date that Pickner and Larson were in the 7. n, He said May: 12 was ree- ‘emmeaded tp him in a conversii tion he had with Tim Bjorkman, Bridgewater, Pickner’s court appointed attorney. Maneth said earlier in bls testi- inony that he recalled comment: ny to Plekner and Larson about ir hunger that night “Did 1 tell you that you made the remark on if they were hun- ry, on the fact that they were hungry?" Bjorkean asked. "Yes, you did take that com: meni,” Meneth sald, Fourth Circuit Judge Marshall Gerken ended Tuesday's court Session In the alternogn so that he could visit a doctor to b treated for the Du Handy Stiles, Mitchell, Lar- son's attorney, sald the defense may be finished presenting its case by the end of the week “It suill depend on how the judge is feeling, and what the state might do) he said. a “Bob Mayer, assistant attorney; ‘general, said the state may call ‘more witnesses after the defense! rests, "it ail depends on what he (Stiles) puts on (he stand)” Mayer said.“ Everything he puts ‘on that we have 8 problem with, ‘well put somebody on to explain] Ravay” +Groups: disaaras ¢ ‘on how auch sak ic too nuch/S DEFENDANT'S ease 7 i , WEDNESDAY) =5/ November 14, 1990 Emergency Guif See session requested : ‘Key sepators in both parce saked Peosidant Bun on Tuesday to convene an ementincy ses sion of Congress or whai Republican feade? Bob Vole citiod nut up-or isteation polices in the "he White House quickly epposad the idea luinecessary. “There is bo war,” sald presh dertial press sceretary Manin Figwater Senate Demorralie Leader Gest (oo, showed ite enlhusiaam far lid. spevial session would be jus president make jon to go to ear and Chat Busl’s moves it oily fo tress ‘which: ¢ wilhout permiasion: orn | Sapte! Bi : SENATE LEADERS: Dewocrals an Durcday Gecied George Miteholl of Maine ay’ Sen Mujoniiy Leader and chine Woods! ora ot Ken, tucky is fs tiey! deputy, Bob Dole of Ka: yours a3 head of tke minority Republicans hot | restive GOP lawmakers, returning to Capitol Hill “after Wing @ Serie seat i last Weelts elociten, ‘Contemlated changes of otfier party pants. Th eo sl bold 6 69°84 as, emerged from thelt ot cates With slow af unily: AD of i 2 led without sontention,STATEMENT MADE BY HARLAN EARL TO; WHOM THIS NAY CONCERN Lam making the following statement of my own free will concerning events that took place at South Dakota State Penitentiary concerning the trial of Elmer Pickner and his two co-defendants Involving the I-90 shooting that took place in 1990. I recieved several visits from various people on the trial of Elmer Pickner, Louie Medicine llorn and Stacy Larson. The first visit I recieved on this matter was from deputy sheriff, Mark Norris of McCook County, Officer Norris asked me several questions pretaining to the I-90 shooting and the questions were particularly in gencral asking me 1f any of the three defendants had ever admitted to being guily of the I-90 shooting, Elmer and I were housed together in the Minnehaha County Jaii for quite some time. Officer Norris told me that he would personally talk to my sentencing judge and ree if there was'nt some thing that could be done to relieve some of the time that I had on my convictgions out of Davison County, if I would help the state by testifying in court against the three accused. I told officer Horris at no time did Elmer or his co-defendants ever admit any guilt to those events they were accused of. ~a1b-# @ Tae 2. 1 then recieved visits from both Elmer Pickners attorney and the private investigator Elmers attorney had hired to investigate the facts.on the charges the three defendants vere accused of. I signed a statement that I hand wrote on the talks that Elmer and I had while we were in the Minnehaha County Jail and at no time did Elmer or the other two guys ever admit to any guilt on the shootings or any other events that they vere accused of that night. There was never any mention of any weapon being disposed of or hiden by any of the accused, 1% also told both Elmers attorney and the investigator about the visit that I had recieved from officer Norris and what our conversation consisted of. ( 1 mentioned that visit from officer Norris in the hand writen statement that I gave to Pickners attorney. ) Elmers attorney then asked ne S£ I would be willing to testify in court te the statement I had made and I told him yes as 1 would only be‘testifying to the truth and nothing more. The next visit that I recieved on this matter was from an agent from the Dept. of Criminal Investigations for the state of South Dakota, During that visit and questioning there were three people present, Capf. Webber, ( now Maj. Webber), the agent from the Department of Criminal investigations and myself. They asked me alot of the same questions that Officer Norris had asked me on the 1-90 shooting and had Elmer ever admitted to being ~an-Pg. 3. suilty of the crimes that -had been commited that night and had there ever been any conversation concerning the disposal or hidding of the weapon that was weed thet night. I again told them that Elmer nor the other two co-defendants had ever adntited to any guilt of any crimes or the Mdding or disposal of any weapon. The agent from Dept. of Criminal Investigations told me that if I were willing to testify for the state he would see what he could do to get me out of doing my time. T eefeved several visite from che investagor on Elmers case ang che last visit I had recieved from him he told me that 1 could be expecting to be served a Subpena to appear in court to testify to all the facts that I had stated and hand written. To this day I still feel that none of the three accused are guilty of their crimes and that an innocent man has been locked un prison for a life term for a crime that he did not commit. In conclusion I will make ‘the statement that there is still a killer on the Loose and who knows when that pereon may strike again. of who IMs next victim may be as people drive the highways and the Interstaves of South Dakota. Who will be hié next innocent ? victim? Barl V4) —aIa-