I am writing on behalf of Cary Kerr, DOC # 999449, who has an execution date on May 3, 2011. With this letter I would like to bring some issues concerning this case to your awareness that indicate that there are too many open questions to close this case once and for all.
First I would like to give a short overview about the events of the night July 11, 2001:
According to the legal documents Cary Kerr met up with Pamela Horton while at a bar that night. They have known one another for a little over a month and have spent time together on other occasions. Later that night Ms. Horton was very drunk and decided she wanted to leave. She and Mr. Kerr left together and went to his home.
According to Mr. Kerr they ended up in bed where they performed fellatio on one another. They then had a disagreement, a short argument and Pamela grabbed some clothes and left. This was sometime after
According to the documents Cary Kerr left his home shortly after to go to a 7-Eleven convenient store. On the way he had seen a body lying in the road halfway between his home and Pamela Horton’s home. As he came to a stop, he believed to recognize her. He then went to the store. 911 was called at 2.06 am. Thereafter he went back to where the body was laying. He talked to the Paramedics (EMT) and also to the police telling them he knew Pamela and they had spent part of the night together. He was fully cooperative in answering their questions.
Following a few examples of trial testimonies on which I base my doubt that Mr. Kerr is guilty of murder:
Thomas Ekis of the Forensic Consultant Services did photos and videos of Mr. Kerr’s home. He testified on March 19, 2003 that he found a brassiere on the sofa in the living room that was torn in different places (vol. 33. pg. 30-31). He found semen on a purple towel, a bottom sheet, and a blanket (pg. 79). Towel, sheet, and blanket had not been washed (pg. 80). No blood, no tissues, and no signs of violence were found (pg. 54-55).
Frank Schiller, a forensic examiner, testified on March, 19 2003 that he examined the brassiere (vol. 33 pg. 71) and noticed that the front strap was defect and a tear on one of the cups. It requires great use of force to do this (pg. 72). He also testified that they examined towels, sheets, pillowcases and blankets (pg. 79) and found semen on the purple towel, bottom sheet and blanket. All items were not washed recently (pg. 80).
Daniel J. Konzelmann, MD, a Medical Examiner, testified on March 20, 2003 about the following pre death injuries: bruising on right temple and over the top of her right eye; bruise over the top side of the left eye or eyelid, neck bruises, bruise over the front, right upper chest, above the breast, several over the back of the left upper arm, and first part of the left lower arm, also back of the right upper arm. There were about 20 odd abrasions, scrapes and the laceration to the eye – pre death – they might leave some genetic material, blood in the area where the event occurred. These injuries should leave genetic material when transported in car… just in shorts (pg. 169).
He didn’t list that he took nail cuttings, but that is a typical thing they do during these cases (pg. 175).
He further testified that he did a sexual assault kit (pg. 149. No trauma anywhere was found suggesting sexual assault (pg. 171). Semen was found in mouth, but nowhere else (pg. 150). There was no semen in stomach (pg. 151). Possible reasons for that could be she got strangled or she was horizontal and did not swallow. Semen in mouth and not in the gastric contents cannot tell if the sexual activity was consensual or not (pg. 184).
Connie Patton, a DNA Analyst, testified on March 21, 2003 that the bra she tested had Horton’s DNA, and some minor DNA of a male – NOT matching Cary (vol. 35 pg. 16). She further testified that no blood was found on any tested cloths (hers and his) (pg. 17). No blood was found on Cary’s clothing (pg. 35/36).
She further testified that she has not got any finger nail cuttings to test (pg. 20). From the discussion about a photo showing her hands, finger nail clipping should exist (Pg. 50 ff).
Before ending my letter, please allow me to add a few thoughts:
The state claimed Cary ripped off the bra in an act of sexually assaulting Pamela. The state’s DNA expert found skin cells on the bra belonging to a white male. According to the testimony it was not Mr. Kerr’s DNA. Mr. Kerr most likely did not wear any gloves, so if he ripped the bra almost into pieces with brutal force there should be his DNA on it.
The numerous injuries that were inflicted on Ms. Horton while still alive would have caused “evidence”. But no blood or tissue was found on Mr. Kerr or on his clothes, or in his apartment, or in his car. Mr. Kerr had no injuries.
According to testimony of people that knew Ms. Horton, she was strong, would have fought her attacker back even when completely drunk. If he wore clothes there should be blood or tissue on it. If he was naked he should show signs of a fight that were unable to wash off. That a blonde hair was still on Mr. Kerr when he spoke to the police, speaks also against the theory that he was naked and later washed off the blood. In that case the hair would have been washed off too or would have been wiped off with the towel. There was also not enough time for careful cleaning and completely washing away any traces. Ms. Horton and Mr. Kerr left the bar close to 1 am. Ms. Horton left Kerr’s home close to 1.30 am. At 2.06 am 911 was called. Also the used linens and towels – without any blood on them - speak against this theory. If Mr. Kerr would have showered and wiped all blood off, there would have been blood found on whatever he used for the cleansing.
There is no evidence that the oral sex was not consensual. Mr. Kerr’s semen was found in the mouth – not the stomach. The state claimed there was no semen in the stomach, because Ms. Horton was dead already at that time. The forensic expert was unable to confirm that as explanation: sometimes there is something in the stomach, other times there isn’t.
The theory of the state is that Mr. Kerr killed Pamela Horton at his home, and then placed the bloody body in his vehicle to take her to some remote place. But before getting there, he lost the body on the street and ran over it with his vehicle to cover the crime. (The tire marks were too vague to prove it was Kerr’s car.) Then he went to the store to get something to eat and drink, called 911 and then went back to talk to police. They said that her injuries would prove the sexual assault. They also said that he has stolen her daytimer, but it was found in possession of a friend of Pamela’s.
I wonder also where the fingernail clippings are. And how it could happen that this blond hair disappeared? And where is the victim’s shirt? It was never found.
These are just examples, but they are sufficient to me to cause doubt. And I hope that you see it the same way and decide to give this case a closer look. A man is about to die and there are still many questions unanswered about his guilt.
I feel deep sympathy for the family of Ms. Pamela Horton. However, to give them closure, it is not enough to execute someone, but it’s necessary to make 100 % sure that the real murderer is found.
Please commute the death sentence of Mr. Kerr!