Prepared by:
Frank Slaton, Private Investigator
Director of Investigations
Security Services of AmericaSynopsis
Based
on the private investigation into this matter we find that the overall police
investigation failed to identify that a third person had been present at the time Sarah
died. This failure to understand that someone other than Derek was with Sarah the
night she died was the result of the police investigations failure to comprehend the
significance of physical evidence they had collected at the 48th Street crime scene. The
failure to identify and or exploit this evidence meant that the jury was presented with a
set of facts, which were incorrect in several critical aspects and, thus, the jurys
guilty finding is fatally flawed.
One glaring failure of the police investigation and the theory of their case that the
Commonwealth convinced the jury was fact was that Sarah had been placed in the
Lafayette River in the same place as where she was found some 12 to 15 hours
earlier. The actual location where the victim, Ms. Sarah Jean Wisnoskys body
was disposed of a third crime scene provides critical insight in
identifying the individual(s) responsible for the disposal of Sarahs body into the
Lafayette River and, therefore, its absence from the Commonwealths case inexorably
led to a flawed guilty verdict.
Another obvious incriminating piece of
evidence that has been wholly unobserved by the Commonwealth while lethal to its theory
are the socks and sand recovered by the police at the 48th street house.
Investigation has determined that the socks do not fit either Sarah or Derek. The
elimination of the Defendant, Derek Rocco Barnabei and Sarah as the donors of the pair of
white socks recovered by police casts serious doubt on Dereks complicity in the
disposal of Sarahs body. At a minimum, this evidence implies another
individual other than Derek was involved in the placement of Sarahs body into the
river. Taking into consideration the Commonwealth maintained that Derek single
handedly removed, transported and disposed of Sarahs body, the evidence would
suggest otherwise.
The presence of a pair of shoes in crime scene photographs, the close proximity and
potential relationship to the pair of socks; the absence of documentation relating to the
collection of the shoes is without explanation.
The private investigation identified numerous items of physical evidence depicted in crime
scene photographs taken at 824 West 48th Street that were not submitted for testing.
Furthermore, these items of physical evidence were not located during the review of
the available police department evidence control logs. In addition, numerous items
of physical and or forensic evidence of significant value were either not submitted, not
subjected to laboratory testing or were not completely tested.
Based on all of the information, photographs and evidence reviewed in this matter we
conclude that the police investigation was incomplete[1] and that Derek Barnabeis complicity and
guilt in this matter is questionable
Statement
of Facts
On September 22, 1993 at approximately 6:05 p.m. it was reported by an unknown passerby
walking her dog in the 5000 block of Mayflower Avenue in the City of Norfolk, Virginia,
that there was what appeared to be a mannequin floating in the adjacent Lafayette
River. Upon responding to the report, officers from the Norfolk Police Department
determined that what appeared to be a mannequin was in fact the nude body of an
unidentified female.
Subsequent investigation by the Norfolk Homicide Division identified the body as Ms. Sarah
Jean Wisnosky. Sarah was the Sarah of homicide.
Introduction
The review, analysis and subsequent private investigation into the rape and murder of Ms.
Sarah J. Wisnosky by Derek Rocco Barnabei was conducted utilizing all known and available
documentation from Dereks trial counsel, the Norfolk Police Departments crime
scene photographs and numerous official police documents entered as evidence at trial, the
trial record which included the written transcripts of witnesses testimony, Certificates
of Analysis generated by the Commonwealth of Virginia, Department of General Services,
Division of Forensic Science based on their testing of evidence for the identification of
bodily fluids, blood, hair and fibers.
The assessment of the Norfolk Police Department Investigation was conducted by
implementing a multi-faceted approach; initially confirming the accuracy and reliability
of information provided by trial witnesses, identifying the significance of the collected,
documented, tested and untested physical and or forensic evidence to confirm its
probative significance, relevance and relationship to critical elements of the
crime.
Secondly,
an alternate theory approach was researched based on the accuracy and reliability of
information provided by trial witnesses, the significance of the collected, documented,
tested and untested physical and or forensic evidence, as well as reviewing, analyzing,
and interpreting all of the physical evidence known to have been either photographed,
secured and collected from the two crime scenes identified in the police investigation.
The
following named individuals are referenced in this report. They are as follows:
- Ms.
Sarah J. Wisnosky, Victim
- Ms.
Saskia Villimil, Suitemate of Ms. Wisnosky
- Ms.
Nikki Vanbelkum, Roommate of Ms. Wisnosky
- Detective
Shaun Squyres, Chief Investigator, Norfolk Police Department, Homicide Division
- Detective
T.S. Evans, Investigator, Norfolk Police Department, Homicide Division
- Detective
B.J. Ducher, Investigator, Norfolk Police Department, Homicide Division
- Detective
W.G. MacKenzie, Investigator, Norfolk Police Department, Homicide Division
- Detective
E.L. Martin, Investigator, Norfolk Police Department, Homicide Division
- Mr.
Chuck Griffith, Commonwealth Attorney, City of Norfolk, Virginia
- Mr.
Troy Maglicmont, Landlord/Roommate of the residence located at 824 W. 48th Street
- Mr.
David Wirth, Roommate of the residence located at 824 W. 48th Street
- Mr.
Michael Bain, Roommate of the residence located at 824 W. 48th Street and Tau Kappa
Epsilon (TKE) Fraternity Member
- Mr.
Justin Dewall, Roommate of the residence located at 824 W. 48th Street
- Ms.
Annette Norfleet, Girlfriend of Justin Dewall
- Ms.
Andrea McKelvey, Friend of Mr. Barnabei
- Mr.
Roland Gee, Tau Kappa Epsilon (TKE) Fraternity Pledge
- Mr.
Ross Firoved, Tau Kappa Epsilon (TKE) Fraternity Member
- Mr.
Jason Silverstien, Tau Kappa Epsilon (TKE) Fraternity Member
- Mr.
Eric Anderson, Tau Kappa Epsilon (TKE) Fraternity Pledge
- Mr.
Thomas Walton, Tau Kappa Epsilon (TKE) Fraternity Member
- Mr.
Daniel Wilson, Tau Kappa Epsilon (TKE) Fraternity Pledge
- Mr.
Jeff Baldwin, Tau Kappa Epsilon (TKE) Fraternity Member
- Mr.
Mike Hyman, Tau Kappa Epsilon (TKE) Fraternity Member
- Mr.
Renard Zottig, Tau Kappa Epsilon (TKE) Fraternity Member
INVESTIGATION
The private investigation revealed the existence of a third crime scene not considered by
Detective Squyres during the course of his investigation. The existence of the third
crime scene was established by taking into account information relating to the condition
of the Sarahs body during the autopsy. The Medical Examiner, Dr Faruk
Presswalla remarked that Sarah had superficial abrasions (?) post-mortem from
dragging noted on the upper thighs bilaterally extending into the left iliac area of the
abdomen on the inner side of the thigh, on the small of the back just above the gluteal
cleft, on the back of the left shoulder area. Some of these abrasions have a
railroad type imprint as if from vegetation like sticks. Some of theses
marks are consistent with body recovery and with the body dragging against
vegetation.[2]
The process of elimination negates the crime scenes identified by police as well as the
river as contributing to these injuries. A search of the surrounding area identified
the opposite side of Knitting Mill Creek as the location Sarahs body was most likely
disposed of into the Lafayette River. This area is accessible by vehicle by way of
52nd Street and is a closer and more direct route to the area known as Knitting Mill Creek
from the 48th Street residence where the attack was initiated.
This was established by consulting with Professor Arnaldo Valle-Levison of the Old
Dominion University Oceanography Institute. Utilizing scientific methods, Professor
Levinson at our request conducted an experiment to determine the location Sarah would have
had to been disposed of in the water to arrive at the location she was found. It was
established that her body would have been disposed of at the location on the opposite side
of Knitting Mill Creek as anticipated.[3] This area accounted for the annotated vegetation marks
on the body and provided cover and concealment to avoid possible detection, which the
other does not.
Supporting the theory of the third crime scene was a pair of white tube socks found on the
top of a trashcan at the 48th Street crime scene[4]. A study of the socks revealed a
significant quantity of sand and debris as well as hair fibers found to be consistent with
Sarah were recovered from the socks. Again the process of elimination was
implemented and the crime scenes identified by the police were negated as contributing to
the sand and debris noted on the socks. However the area at the end of 52nd Street
accounted for the sand and debris removed from this item during testing.
Based on the available evidence, the conclusion that Sarahs body was disposed of on
the opposite side of the river is significant and highly probative. This oversight
by Detective Squyres and the police investigation resulted in critical items of physical
evidence not being subjected to laboratory testing as well as unrelated materials being
mistakenly associated with Sarahs murder.
Sequence of Events
In
their effort to build a case against Derek, the Commonwealth represented that the sequence
of events leading up to Sarahs rape and murder actually began approximately ten (10)
days prior to the incident during a Toga Party. Supposedly, an
intoxicated Sarah Wisnosky, while on the front porch of the 48th Street residence and
under the supervision of TKE Fraternity members Thomas Walton and Daniel Wilson, made the
statement that "He [Derek] was good, but I [Sarah] have had better. When
confronted by the same TKE Fraternity members and numerous other unidentified TKE members
attending the Sunday fraternity meeting the following day, Derek supposedly responded
angrily to the members hazing and responded that he [Derek] had only had oral sex,
not intercourse with Sarah.
Testimonial
evidence related a sequence of events directly preceding Sarahs murder. The
timeline began at approximately 4:00 p.m. on Tuesday, September 21, 1993, when Derek and
TKE Fraternity Pledge Roland Gee arrived at Sarahs dormitory, Rodgers Hall, to pick
her up to go with them to the 48th Street residence.
Tuesday,
September 21, 1993
4:00 p.m |
Derek and Roland Gee arrive at Rogers Dormitory to pick up Sarah.
|
7:00 7:30 p.m. |
Ross Firoved arrives at Dereks house
|
8:30 p.m. |
Sarah, Derek, his housemates David Wirth, Troy Maglicmont and Justin
Dewall, TKE Fraternity members Roland Gee and Ross Firoved, along with a Ms. Andrea
McKelvey, gathered at 48th Street House to watch HBO presentation of the movie
Single White Female
|
9:00 p.m. |
Michael Bain and Olga Musnikova arrive at the house. Went to
Bains bedroom together
|
9:30 p.m. |
Dewall Girlfriend Annette Norfleet arrives
Gee departs residence
Derek and Firoved leave for pledge meeting at Jason Silversteins house
|
10:00 p.m. |
Movie ends, gathering breaks up
McKelvey departs house
Dewall and Norfleet depart, go to Battersons Irish Pub
Maglicmont goes to his bedroom located on first floor
Wirth goes to his bedroom located on second floor
|
10:10 p.m. |
Wirth goes to Maglicmonts bedroom where they talk for approximately
forty-five minutes
|
10:00 10:30 p.m |
Derek, Firoved leave Silversteins house
Derek and Firoved arrive at 43rd Street fraternity house
|
10:55 p.m. |
Wirth leaves Maglicmonts bedroom, Maglicmont goes to sleep
|
11:00 p.m |
Bain departs house with Mushnikova, drives her to Rogers Dormitory
Sarah calls Saskia Villimil and asks to speak with suite mate Nikki Vanbelkum
|
11:45 p.m. |
Bain returns to house, goes to his room and plays Nintendo
|
Wednesday, September 22, 1993
|
12:00 a.m. |
Derek and Firoved leave 43rd Street house
Derek and Firoved arrive at Dereks house, house is dark and quite.
Derek and Firoved leave Dereks house approximately 10 minutes later, return to 43rd
Street fraternity house
|
12:00 12:15 a.m. |
Bain states that he hears loud music - Head Like a Hole by
band Nine Inch Nails - coming from Dereks bedroom. Bain stomps on floor, music
continues. Bain leaves his room to go downstairs to get Derek to turn down the
music. At the stairs, Bain meets Wirth somewhere in house and together, armed with
paintball guns, they go to Dereks room and pound on the door for approximately five
minutes. No answer.
|
12:15 12:30 a.m. |
Wirth states he meets Bain somewhere in house, and, armed with paintball
guns, they go to Dereks room and pound on the door for approximately five minutes.
No answer.
|
12:30 a.m. |
Firoved departs 43rd Street Fraternity house. Derek remains.
|
1:00 a.m. |
Derek and Gee depart 43rd Street house together and return to Dereks
house. Gee testifies that he sees Sarah alive and well.
|
2:00 a.m. |
Gee departs Dereks house, goes home.
|
2:20 2:30 a.m. |
Dewall and Norfleet return to house. They go to Dewalls
bedroom. Dewall looks for his dog. Goes to Dereks bedroom, knocks on
door. Derek answers door.
|
3:00 - 3:30 a.m. |
Bain wakes up to go to bathroom, hears someone outside of bedroom widow
urinating on side of house. Bain yells out of his bedroom widow.
|
Unknown |
Derek wakes Maglicmont for him to move his jeep, Derek is wearing shorts
and T-shirt. As he is leaving, Derek allegedly hits neighboring house with his car,
leaves the area driving toward Colley Avenue
|
6:30 7:00 a.m. |
Wirth wakes up gets ready for work
|
7:00 a.m. |
Bain wakes up
|
7:30 a.m. |
Wirth comes downstairs and sees Derek covered with a blanket sleeping on
the couch. Wirth leaves the house to go to work. He supposedly finds a brown
shoe lying in driveway between the front of his truck and rear of Dereks car.
With picks up the shoe and throws it toward the back porch. Wirth leaves for work.
|
8:00 a.m. |
Bain departs the house. Does not go to work, has errands to run.
|
9:30 a.m. |
Derek calls Eric Anderson, asks him to bring him a blanket because he is
cold. Anderson arrives at the house shortly thereafter with blanket. Derek
dressed in T-shirt and boxers.
|
9:30-10:00 a.m. |
Anderson departs Dereks house
Derek wakes Maglicmont to answer phone call. Derek dressed in shorts and T-shirts
|
12:00 2:00 p.m |
Norfleet holds back door open for Derek, who has hands full with
surfboard. Brown shoe is not present on back porch.
|
Unknown |
Derek asks Maglicmont to borrow $7.00, Dressed in slacks, shirt and tie.
|
2:50 p.m |
Derek calls Richard Patton on phone. Derek drives to Rogers dorm.
Gives Patton surfboard and gives him a ride to Webb Center. Derek borrows
$100.00 from Patton, they go to 43rd Street fraternity house.
|
3:00 p.m. |
Derek and Patton arrive at 43rd Street fraternity house. Derek meets with
Anderson in his bedroom.
|
5:30 6:00 p.m. |
Jeff Baldwin asks Derek for a ride to work. Derek gives Baldwin a
ride to Nationsbank located in downtown Norfolk. Derek borrows $100.00.
Anderson testifies (1606/10) that Derek called him on telephone asking him if he had heard
anything.
|
Unknown |
Derek checks into Motel in Pocomoke, Virginia (Eastern Shore) under an
assumed name
|
Police Investigation
Detective Shaun Squyres from the Norfolk Police Homicide Division directed the police
Investigation. Upon recovering Sarahs nude body, already in full rigor mortis,
she was only wearing a watch on her left wrist and high school class ring on her right
middle finger.
An initial search for evidence around the
area where the body had been recovered located a brown shoe resting in water and debris on
steps of the bulkhead approximately 80 yards from where her body was discovered.
Other items collected were a white washcloth with red stains, a dirty cloth towel, and a
piece of plastic with filter.
Upon establishing Sarahs identity, her activities were determined by Detective
Squyres and led to a two story single family home located at 824 W. 48th Street near Old
Dominion University. This was the residence identified by Sarahs roommate
Nikki Van Belkum as the location where she had attended the Toga Party with Sarah and was
the residence of Serf, a TKE Fraternity Brother, and four (4) other young men
attending classes at Old Dominion University. The police were advised that Sarah was
last heard from at 11:00 p.m. September 21, 1993, when she called her suitemate Saskia
Villamil at the dorm asking to speak with Van Belkum. Van Belkum indicated that Sarah
stated that she was calling from Serfs house and was going to spend the night.
Police arrived at the 48th Street residence identified by Van Belkum some time after
midnight. Upon approaching the rear side doorway Detective Squyres observed a brown
shoe matching the one found on the steps of the bulkhead, situated on the
threshold. At that point, without commemorating or recording the location and
condition of the shoe, Detective Squyres moved the shoe from the originally observed
location to behind a post situated adjacent to the door.[5] He then knocked on the door, which was
answered by Mr. Troy Maglicmont. The other occupants of the house were present and
identified, as David Wirth, Michael Bain, Justin Dewall and his girlfriend Annette
Norfleet. Derek was not at home. The occupants were then directed to the Police
Operations Center where they were interviewed.
The initial search of the area surrounding
the house, located the aforementioned brown shoe, which was documented into evidence at
1:54 a.m., and a pair of white socks 2:25 a.m., discovered situated on top of a trashcan
adjacent to Dereks bedroom window.
The collection of evidence was established by reviewing numerous police department
evidence control logs.
Wednesday, September 22, 1993 (5000 Block of Mayflower
Avenue)
7:45 p.m.
1993 Heritage High School ring with blue
stone on white metal removed from body of Sarah by Detective Squyres
UNK
1 White washcloth with red stains
1 piece of plastic with filter
Dirty cloth towel
1 Brown deck shoe
Thursday, September 23, 1993 (824 West 48th Street)
1:54 a.m.
Detective Mackenzie
recovers one brown
2:25 a.m.
Pair of white socks
from outside trashcan
4:25 a.m.
Maglicmont signs
consent to search, witnessed by Detective T.S. Evans
4:27 a.m.
Dewall signs consent to
search, witnessed by Detective T.S. Evans
4:32 a.m.
Bain signs consent to
search, witnessed by Detective T.S. Evans
6:20 a.m.
Detective Squyres
submits affidavit for Search Warrant
6:24 a.m.
Detective Squyres obtained a search
warrant specifically the room of Serifino Barnabay, the second room on the left upon
entering the front door for Blood Stains, Fibers, Hairs, Clothes of the Sarah or clothing
items of Serifino Barnabay, personal effects of the Sarah, Sarah Wisnosky, any and all
items pertaining to this homicide.
8:21 a.m.
Detective Ducher
recovers pink towel with stains outside
9:37 a.m.
E.L. Martin recovers 2 strands of
suspected human hair, recovered from N.W. corner of the waterbed frame on the outside
corner
9:43 a.m.
Samples of suspected paint, on the floor,
west side, under the baseboard heater
9:50 a.m.
Suspected carpet fibers, on yellow
blanket at foot of waterbed and a piece of suspected plaster/paint
9:54 a.m.
Red stain sample and control collected
from top of waterbed frame in N.W. Corner of the room
10:18 a.m.
Blue print hanging on the west wall with red stains
on it
10:30 a.m.
Red stain sample and controls from wall, left side of
fireplace
10:37 a.m.
Suspected human hairs collected from top of waterbed
mattress
10:45 a.m.
Cigarette butts collected from the floor of the
fireplace
11:00 a.m.
Piece of white paper with a message written on it
11:06 a.m.
Assorted papers with writing on them collected from
the top of the fireplace mantle
11:17 a.m.
Small red Dirt Devil vacuum cleaner, collected from
underneath waterbed frame, SW corner
11:25 a.m.
Yellow/red handled Phillips head screwdriver and
black handled chisel collected from floor of the closet
11:40 a.m.
1 pair of black handled scissors collected from the
top of the fireplace mantle
11:45 a.m.
1 pair of needle nose plyers and a pair of wire
cutters collected from top of white plastic table next to the waterbed
11:55 a.m.
Black handled cork screw/bottle opener, with possible
red stain on handle, collected from the top of the fireplace mantel
4:10 p.m.
Blue print from west wall
4:12 p.m.
Blue print from east wall
4:15 p.m.
Red notebook with contents, and a roll of
blue prints from the top of a table made from a large spool of wire
4:17 p.m.
Assorted telephone bills, collected from
the top of a white table next to waterbed
4:43 p.m.
Detective Squyres secured an arrest
warrant
Wednesday, September
29, 1993 (824 West 48th Street) (T.S. Evans)
12:30 p.m.
2 swabs with red stains on them recovered from the
waterbed frame, west side of bed near the top of frame and controls
12:31 p.m.
2 swabs with red stains on them recovered from the
waterbed frame and mattress/liner west side of bed/frame of waterbed and controls
12:33 p.m.
Suspected human hair recovered from waterbed area
west side on bottom platform between frame and mattress
12:34 p.m.
Suspected human hair recovered from waterbed area
west side between the mattress and the frame on platform
12:43 p.m.
2 swabs with red stains on them and controls,
recovered from the waterbed, west side of frame, near the foot of the bed, between the
frame and the mattress
12:45 p.m.
Suspected human hair, south side of waterbed between
the frame and the mattress on the bottom platform
12:50 p.m.
Photograph of a W/F recovered from the bedroom on the
wall between the closet and the fireplace
Friday, October 8,
1993 (1065 W. 50th Street, Room 249) (Det Squyres and T.S. Evans)
1:45 p.m.
1 surfboard
Hairs/Fibers recovered from surfboard
Tuesday, October 12,
1993 (Det Squyres and Inv Bryan)
1:50 p.m.
red stain swabs with controls,
2 fibers from top of surfboard
1 fiber top corner section
Crime
Scene # 1.
The first crime scene identified by the Norfolk Police Department was located adjacent to
the 5000 block of Mayflower Avenue, an upper-middle class neighborhood located on the
shores of the Lafayette River in an area known as Knitting Mill Creek. The vicinity
surrounding this area is lined with dimly lit nostalgic lamps and is an open area visually
un-impeded by vegetation. The concrete reinforced bulkhead secures the shoreline on
the Lafayette River. The police investigation concluded that Sarahs body was
disposed of at this same location. Evidence secured from this location and submitted
for testing to the Norfolk Crime Lab included a brown shoe, a white washcloth with red
stains and a dirty cloth towel.
Brown Shoe
The
brown shoe recovered from this location matched a brown shoe recovered at the 48th Street
location and was identified as belonging to Sarah. The shoe was located on the
steps of the bulkhead approximately 80 yards from where her body was removed from the
river. The police investigation interpreted the significance of this shoe as
evidence consistent and corroborating their conclusion that Sarahs body was disposed
of at the same location it was removed from the water.
Contrary
to their conclusion, the significance of this shoe is simply that evidence was disposed of
into the water at the same time and place as Sarah was. Incorporating the same
principles in determining the actual disposal site of the Sarahs body, the shoe
would have arrived at that location the same way Sarahs body did, carried by the
water current.
With
numerous items of expected evidence not having been located, the shoe should
have been an indication that other evidence may have been discarded in the water.
The fact that a matching shoe was originally observed in the driveway at the 48th Street
location the shoes were most likely removed from inside of the house with the body.
The assailant apparently unintentionally dropped the shoe in the driveway. In regard
to the expected evidence the ultimate fate of these items, does not appear to
have been explored. It is within reason to consider that these items may have been
discarded in the river, as was the shoe. The fact that these items were not observed
floating on the water from the shoreline and the volume of the items, it is possible that
they were consolidated in some type of unknown bag or container, discarded into the river
and sank to the bottom. Although the Norfolk Police Department maintains and deploys
an Underwater Recovery Team for incidents of this nature they do not appear to
have been mobilized to search for additional evidence in the water.
White Washcloth with Red Stains
This item was located lying on the ground in the immediate vicinity next to where
Sarahs body was removed from the water. The washcloth was submitted for
testing at which time the noted red stains were identified as human
blood. However, this item was not subjected to additional testing to determine if
the human blood matched Derek or Sarah. Testing was stopped at the
specific request of Detective Squyres on May 11, 1994. A review of the trial
transcript revealed the Commonwealth at trial entered this item into evidence maintaining
that it was evidence Sarahs body was disposed of at this location.
Referring to the fact that Sarah went into the water on the opposite side of the river,
the integrity of the washcloth is questionable. Firstly, it was not completely
tested to determine its relevance to the crime. Secondly, if the blood identified on
the washcloth were to match Sarahs blood, the documented location it was found is
suspect. Furthermore, it is notable to indicate that a review of the available
crime scene photographs does not depict this washcloth in its original state when found.
Dirty Cloth Towel
The dirty cloth towel was documented and submitted for testing. The results of the
testing proved negative. Other than the fact that this towel was submitted days
prior to trial for subsequent comparison testing to a towel recovered from Dereks
car to determine if they had a same common origin, this item is unremarkable. The
test result of the towel from Dereks car tested negative for blood and seminal
fluid, as did the hairs when compared to those of Sarah. It was determined that they
did not have a common origin.
Crime Scene # 2
The second crime scene identified by the Norfolk Police Department was the residence
located at 824 W. 48th Street located in the vicinity of the Old Dominion University
Campus. The police investigation supported by blood evidence established that the
bedroom occupied by Derek was the location where the attack on Sarah occurred.
The Second Brown Shoe
As
previously indicated Detective Squyres initially observed the shoe situated on the
threshold of the doorway of the rear side entrance before he moved it behind a post
adjacent to the doorway. Testing of the shoe identified blood on two stains from the
shoe.
In
keeping with the theory that Derek acted alone and taking into consideration that
Dereks car was not parked in the same location it was originally, that the matching
shoe was found near the body, the second shoe and the testimony relating to its ultimate
resting place is questionable.
According
to Ms. Norfleet, she did not observe the brown shoe when she was holding the door open for
Derek. This would indicate that the shoe was placed on the threshold where Detective
Sqyures observed it after Derek departed the residence for the last time. This
makes Mr. Wirths acknowledgement that he had made physical contact with the item and
his testimony relating to the location of the shoe where he originally observed it
suspect.
The Socks
The
significance of the socks cannot be understated. Based on the fact that Sarahs
body was disposed on the opposite side of the river, the sand recovered from the socks
would indicate that an unknown person was at the 52nd Street location wearing the socks.
Applying the process of elimination, the shoe size of Sarah (size 7) and Derek
(size 10 ½) eliminated them as the donors of the socks. Measuring the socks with a
conventional tape measure it is evident the donor of the socks wears an approximate shoe
size of 8 ½ to 9. The socks appeared new as evidence by their condition and the
distinctive foot impression that is visible. [6]
Pre-trial
testing of hair fibers removed from the socks identified (4) of Sarahs pubic hairs
had adhered to them. This would indicate that the donor of the socks was not only in
the area where the body was disposed of, but also made contact with Sarahs pubic
area. This most likely occurred at the time her body may have been dragged through
vegetation and would be consistent with the Medical Examiners Autopsy Report.
Most
notable is the evidential significance of the socks in identifying Dereks complicity
in the removal of Sarahs body from the house to the river. Equally as notable
is the fact Derek is eliminated as the donor of the socks. These items suggest that
a person other than Derek was involved in the disposal of Sarahs body into the
Lafayette River. The positive identity of the individual who disposed of
Sarahs body should have and can be established by subjecting them to additional DNA
review. Subsequently, the Commonwealths representation that Derek was alone
in his complicity is inaccurate.
Foot
Print on Porch
Crime scene
photographs depict a dirty footprint on the back porch.[7] The significance of the footprint is
that was transposed by a wet and dirty shoe believed to be a Converse Sneaker. It is
obvious someone exiting the inside of the house transposed the footprint.
Furthermore, the footprint indicates that either the shoes were completely wet or the
floor inside the house specifically the dining room area adjacent to Maglicmonts
bedroom was wet.
Latent Fingerprint Examination
According to the results of the Latent Fingerprint Examination report dated March 24, 1995
there were six (6) latent prints of comparable value developed that remained unidentified.
On March 25, 1995 the fingerprint examiner Investigator W.D. Bryan for elimination
purposes compared the unidentified latent prints to ten individuals, eliminating all of
the individuals as the donor of the unidentified latent prints. Notable is that only
the fingerprints of Michael C. Bain, one of the other four residents of the house was
submitted for elimination purposes.
It is unknown how many items were actually reviewed for fingerprints, but crime scene
photographs depict numerous items throughout the room that should have revealed additional
fingerprints.
Pink
Towel
The pink towel was located behind a pile of unidentified rubbish at the rear of the
neighboring house adjacent to the driveway.[8] Laboratory testing identified human blood on this
item, which was not tested to determine if the blood was Sarahs at the specific
request of Detective Squyres on May 11, 1994. In addition, hairs and fibers were
recovered from this item. The hair was subjected to additional testing by comparing
them to those of the Sarah, who was eliminated as the donor of the hair.
Close examination of the bloodstains on the towel reveal that it was most likely used to
wipe an unidentified object, possibly the murder weapon.
The Murder Weapon
Although the murder weapon was never recovered, through testimony circumstantial in
nature, Ms. Tina Smith a witness for the prosecution acknowledged at trial that she had
rented Derek a room in the house she owned in Virginia Beach. It was only after
being contacted by police and asked if she was missing any tools, the witness realized she
was missing a ball peen hammer. She described the hammer she was missing as small, rusted
with the handle cut off and used by her to hang pictures. Obviously not the size of
the hammer the jury was led to believe was the type of object in shape and size used to
murder the five-foot five-inch tall, ninety-five pound Sarah Wisnosky.
Furthermore, the Commonwealth suggested that this was the ball-peen hammer that was used
to attack Sarah.
Missing Shoes
Upon reviewing crime scene photographs, a pair of shoes can be observed situated on the
ground next to the same trashcan the socks were recovered from.[9] The pair of
shoes appeared to have been removed by the same donor of the socks based on reasonable
suspicion due to their positioning and close proximity to the socks.
A review of the documentation utilized by the police department for documenting the
evidence collected did not locate any record of these shoes having been logged into
evidence nor submitted for testing.
Establishing that the pair of shoes originated from the same donor as the socks was
critical in establishing the identity of an individual responsible for the disposal of
Sarahs body or in positively proving Dereks acted alone.
Failure
to identify the evidential significance of the shoes and their relationship to the socks
resulted in the police investigation failing to establish the identity of an individual
responsible for the disposal of Sarahs body into the Lafayette River at the 52nd
Street location.
The positive identity of the individual who disposed of Sarahs body should have and
can be established by locating the shoes and subjecting them to DNA review.
Subsequently, the Commonwealths representation that Derek was alone in his
complicity is either affirmed or inaccurate.
A crime scene photograph depicting items on the floor of Wirths bedroom reveals a
pair of shoes similar to the ones identified outside the house next to the trashcan.
In addition, a white sock visually similar is also depicted in the photograph.[10]
A review of available evidence logs did not locate any record of these items
having been logged into evidence nor submitted for testing.
The Trashcan
Further
review of crime scene photographs revealed two unidentified garments believed to be shirts
situated on top of the same trashcan as the socks.[11] A review of available evidence logs
did not locate any record of these items having been logged into evidence nor submitted
for testing.
These
two known garments would appear to have originated from the same individual that wore the
socks and shoes. However, they were over looked by the police investigation as well.
The relationship of these two garments to the socks and shoes is noteworthy and
deemed probative. The absence of police documentation relating to these two garments
as well as the shoes exemplifies critical errors in identifying and documenting physical
evidence present at the 48th Street location. The potential relationship and the
likelihood that the aforementioned physical evidence is directly related to the
individual(s) involved in the disposal of Sarahs body, the failure to identify the
significance, document and submit these items for testing raises considerable doubt on the
thoroughness and accuracy of the police investigation.
The Second Trashcan
Crime
scene photographs also revealed numerous items of potential evidential quality were moved
during the course of the initial police investigation. Specifically, a second large
trashcan appeared after the initial crime scene photographs depicting the area surrounding
the house were taken. It can be observed that photographs taken during the dark
hours presumably the night police arrived only depict one trashcan.[12]
However, daylight photographs apparently taken during the morning hours of September 23,
1993 depict the existence of the second trashcan situated next to the first.[13] The
photographs depict what appear to be two (2) thirty (30) gallon trash bags containing
unknown items individually situated on top of the second trashcan and on the ground next
to it.
A
review of available evidence logs did not locate any record of these items having been
searched or any of their contents logged into evidence.
Taking
into consideration that numerous items of expected evidence was never located, the
possibility that these items may have been contained in those bags is within reason.
The items of expected evidence that was not located are as follows:
1.
Suspected/Actual Murder Weapon
2.
Sarahs Clothing and Undergarments
3.
Assailants Clothing and Undergarments
4.
Blue Bathrobe known to have been worn by Sarah
5.
Sheets and Bedding from the Waterbed
6.
Necklace known to have been worn by Sarah
Dereks Bedroom
The police investigation concluded that Derek departed the City of Norfolk after cleaning
his room, borrowing money, and packing all of his personal belonging. According to
Detective Squyres when asked did you immediately see red spots all over the
wall? He responded No, no. Looking very closely, there was - -
The room appeared to have been abandoned. There was no normal
furnishings. To the contrary, furnishings in the room included a waterbed, a
large wooden spool, an afghan covering the window, a fan situated on the floor blowing
toward the bed, a small plastic table, pink trash can containing assorted items, numerous
architectural drawings, posters and road signs on the wall, various documents and papers,
a tie rack with ties, a pillow on the bed and yellow blanket covering the waterbed
mattress.
The representation was that the lack of normal furnishings in the room constituted
intentional flight. However, in considering Detective Squyres expertise and his
acknowledgement that the blood was not immediately visible and no obvious signs of
anything when you first opened the door, is significant.
Accordingly, there is no evidence that the blood in the room was disturbed revealing that
the crime scene was not intentionally disturbed to eliminate blood evidence other than for
the unknown disposition of the expected evidence missing from the bedroom.
Sarahs Blood
The investigation of the bedroom revealed the existence of blood on the waterbed frame, an
area on the carpet, on the walls and posters hanging on the walls. According to the trial
testimony of Detective Shaun Squyres, blood was not immediately visible upon entering the
bedroom and that he had to look closely to see the blood that was present. A review
of police documentation relating to the collection and testing of the blood from the
bedroom revealed that there were 42 sets of swabs collected from the bed.
"Human blood was identified on three sets of swabs, designated A,B,C. Swabs
suitable for DNA analysis. Tests indicated the presence of blood on eleven (11)
other sets of swabs, however, no results were obtained in specie testing. These
eleven (11) sets were suitable for PCR/DNA analysis, however no further tests was
conducted at the specific request of Detective Squyres on May 11, 1994. No blood was
detected on the remaining swabs. In addition, numerous other stains and swabs were
collected from what appeared to be blood splatter observed on the walls and posters in the
bedroom some of which were and some which were not tested to determine if it was blood.
The stains and swabs identified as blood were "suitable for DNA/PCR testing" but
again were not subjected to additional testing at the direction of Detective Squyres on
May 11, 1994. The blood identified on the swabs tested identified Sarahs
blood.
The amount and consistency of suspected and identified blood from the various locations in
Dereks bedroom definitely indicates that Sarah was attacked within the
bedroom. The pooling and or concentrated areas of blood observed on the waterbed
frame and carpet and the blood splatter on the walls is conclusive in establishing that at
least some of Sarahs head injuries were inflicted at this location.
The injuries observed to the back of Sarahs head appear to have been the result of
her head striking the waterbed frame multiple times. The size of the bloodstain on the
area of the carpet appears to have resulted from her head resting at that location.
However, the amount of blood splatter in the room appears inconsistent with what would be
expected based on the suspected number of supposed hammer blows sustained by
Sarah. The police investigation concluded that the lack of splatter was the result
of Derek cleaning the bedroom. However, a review of crime scene photographs revealed
that the areas where blood splatter was identified appeared undisturbed and in tact.
Had the areas containing the blood splatter been cleaned one would expect evidence of
wiping and or smearing. The lack of wiping and or smearing and the fact that
the blood splatter remained in tact indicates that there was no attempt to clean these
areas.
Additional observations relating to the injuries sustained by Sarah reveals that the
assailant was most likely left handed. This is supported by the fact that
Sarahs injuries from the supposed hammer blows were sustained to the
right side of her head and the ligature marks visible on her throat.
The only confirmed item to have been removed by Derek from the bedroom, which was there at
the time of the attack, was a surfboard. The blood splatter from the surfboard
originated from Sarah. Testimony provided by Commonwealth witness Annete Norfleet
revealed that Derek removed the surfboard from the residence during the early afternoon
hours of September 22, 1993. According to Ms. Norfleet, she held the door open for
Derek as he was departing with the surfboard through the rear side exit of the house
leading to the driveway. The Commonwealth maintained that the removal of the
surfboard by Derek from the bedroom and the house was evidence of his efforts to clean and
remove items related to the crime. However, the blood splatter identified on the
surfboard was in tact and did not exhibit any evidence of wiping nor smearing.
The
Watch
Sarah was completely nude when she was recovered from the river with the exception of her
wristwatch observed on her left wrist and her high school class ring on her right middle
finger. At the time of the autopsy the Medical Examiner remarked that the watch was
running intermittently with the time noted at 8:41 at which time the watch was
stopped. Crime scene photographs taken after Sarahs body was removed
from the water depict the time on the watch was 6:52.[14] The time and condition of the watch
noted by the medical examiner would indicate the watch was not functioning properly.
This was most likely the direct result of the watch having been submerged in water.
The significance of the watch to the police investigation would be to begin establishing a
time line, specifically the approximate time that Sarahs body was placed in the
water. It would have been essential to determine if the watch was or was not water
resistant and to determine the specifications of the watch to establish when and if the
watch would have stopped as a result of being submerged in water.
As previously indicated, the time on the watch depicted in the crime scene photograph was
6:52. This was established by digitally enhancing the photograph to determine the
exact time on the watch when the photograph was taken as the whereabouts and disposition
of the watch is unknown.
Upon consulting with Mr. John Gupton, a watch importer and criminology major, regarding
the digitally enhanced photograph, he opined that the watch worn by the Sarah is not water
resistant and would have stopped within a few minutes of being submerged in water
and if the watch were considered water resistant it would have stopped within
minutes of being submerged in water. Mr. Gupton went on to say that even if
the watch had been water resistant it would have likely stopped in approximately
thirty minutes.[15]
As a result, the time on the watch as depicted in the crime scene photograph should have
been considered to establish the approximate time Sarahs body was disposed of into
the Lafayette River.
This analysis would indicate that Sarahs body was disposed of into the Lafayette
River between the hours of 6:25 a.m. and 6:52 a.m. September 22, 1993. It is unknown
if the police investigation even considered the watch as evidenced by the fact that the
watch was on her wrist during the autopsy.
During a post-conviction interview on July 7, 1997, Nikki Van Belkum indicated that she
was awaken in the early morning hours of September 22, 1993 by a voice outside her
dormitory window at Rogers Hall that she believed was Derek Barnabei. Although Ms.
Van Belkum did not recall the exact time she heard the voice she referenced the time
before 7:00 a.m., indicating that she did not go back to sleep because she had to get
ready for class.
Dereks Car
At the time of his arrest Derek still had the same car he drove while in Norfolk,
Virginia. A thorough search of the vehicle and the contents thereof for trace
evidence proved totally negative for any trace of Ms. Wisnoskys blood, hair and
seminal fluid.
The police investigation concluded based on the testimony of Troy Maglicmont that
Sarahs body was transported from the 48th Street residence to the Lafayette River in
Dereks car. However the lack of trace evidence would indicate that Sarah was
not transported to the Lafayette River in Dereks car.
Although it is possible that the vehicle could have been cleaned, the complete and total
removal of blood from the car is highly unlikely. Furthermore, although cleaning the
surface areas of the vehicle would visually conceal the existence of blood, the underside
of the vehicles carpet and body surfaces would not.
The other possible
scenario for the lack of trace evidence would be that Sarahs body might have been
wrapped in plastic to contain the blood preventing it from being transferred into the car.
Due to the fact that her injuries were confined to the head and the significant
amount of bleeding that results from head trauma, at a minimum her head would have had to
be wrapped to contain the bleeding. This scenario is also unlikely in that she was
found nude and there was no evidence indicating that she was wrapped in plastic.
The lack of trace evidence
in Dereks car should have been an immediate indication that Sarahs body was
most likely not transported from the 48th Street location to the Lafayette River in
Dereks car.
Witness Testimony
The relevance of testimonial evidence at trial was crucial in establishing a series of
circumstances consistent with the Commonwealths theory that Derek was Ms.
Wisnoskys assailant. A review of the testimony revealed numerous notable
inconsistencies not only in the validity of the testimony, but also in the validity of the
facts presented by the Commonwealth to the jury.
Bains
testimony indicates obvious signs of deception. Bains testimony relating to
his personal contact with Sarah, recollection of events involving Sarah and his statements
are deemed unreliable and incredible.
Bain acknowledged an incident at the toga party at which time he had to assist in
escorting two unidentified males from the party. According to Bain, there was
incident on the second floor of the house in which the two unidentified men were
trying to get her into a room with them and into the empty bedroom.
saying come on and taking her by the arm, and she was saying no, no.
Bain went on to state that he did not recall any specifics relating to the personal
characteristics, features or identity of the two males. However, he apparently
observed the incident personally based on the aforementioned statements.
Bain also testified that the first time he met Sarah was when Derek asked him to remove a
sleeping Sarah from his bedroom and carry her upstairs to Bains bedroom so Derek
could bring in another girl. Bain acknowledged that he carried Sarah up the stairs
to his bedroom and spent the night with her in his single bed. Notable is the
following morning when the two walked downstairs meeting Derek as they were departing the
house. According to Bain, Derek made the comment you like it in the back
door. He indicated that she simply smiled and nodded her head. No other
response, no other acknowledgement. This statement as well as others made by Bain
appears interjected to direct attention toward Derek.
Based on the review of Bains testimony it is apparent that he was a valuable
Commonwealth witness, however, none of his testimony related directly to the incident in
any fashion other than through innuendo.
Questionable
elements of Bains testimony include:
1.
Bain can not recall the incident involving the two
unidentified males in any way other than what Sarah supposedly said
2.
The song Head like a Hole
3.
Sarahs lack of inquiry and response to waking up in
Bains room and not Dereks; the comment and apparent lack of response to the
insinuation
4.
His waking up from a sleep to go to the bathroom at the
same time as what he described as someone urinating on the side of the house
5.
The incident with the paintball gun, the
circumstances and the time this supposedly occurred
6.
Bains acknowledgement that he did not go to work the
day of the 22nd because he had errands to run
Wirths testimony was consistent with Bains recollection of the paintball
incident. With the exception that Wirth indicated there were two paintball guns and
Bain stated there was one and that Bain heard the music playing and Wirth did not.
However, the time they claim this incident to have happened between 12:00 12:30
a.m. is questionable when compared to the statements of other individuals known to have
been in the company of Derek on the evening of September 21 and early morning hours of the
22nd. Although it is very possible that they were mistaken about the time both
related their approximation of time by referencing their earlier activities. The end
of the movie and his conversation with Maglicmont in his room for Wirth and his departure
with Musnikova and approximate elapsed time and duration with her before his return to the
house.
According to the Commonwealth, the pounding on the door by Wirth and Bain coincided with
the time that Derek was supposedly attacking Sarah in his bedroom. However, the
testimony of Firoved places Derek at the 43rd Street house during this time frame.
This would result in Derek having an alibi during the time of the alleged attack on Sarah.
Furthermore, the validity of Commonwealths theory that Sarah was attacked
during this time period is not consistent when considering the testimony of Gee.
According to Gee, he and Derek departed the 43rd Street fraternity house together at
approximately 1:00 a.m. at which time Gee stated he observed Sarah at the 48th Street
house alive and well. Gee stated that they were together in
Dereks bedroom talking before his departure at approximately 2:00
a.m. How could Detective Squyres as well as Mr. Chuck Griffith the
Commonwealths Attorney not realize the inconsistent and conflicting statements?
According to Firoved, he and Derek departed the 43rd Street house at approximately 12:00
a.m. and went together to Dereks house to get something to eat. Upon arrival
at the 48th Street house, Firoved stated that the house was dark and quite and that after
not being able to find anything to eat they departed together and returned to the 43rd
Street house. There was no known contact between Derek, Firoved and Sarah at that
time. After returning to the 43rd Street house Derek apparently remained there
until he departed with Gee approximately one hour later.
Considering that Derek borrowed the CD with the song Head like a Hole
earlier in the evening from Jason Silverstein, Dereks return to the house with Firoved
would have been the first time he was at the house since borrowing the CD. As a
result, if Bain heard the song Head like a Hole coming from Dereks
bedroom it would have had to have been after Derek and Firoved had arrived and
subsequently departed the house.
Therefore, it could have been possible that Sarah was the one playing the music at the
time Bain and Wirth were pounding on the bedroom door. But, if what Bain and Wirth
stated is true, why did Sarah not open the door for them or did she? Based on their
statements the only individuals present at the 48th Street residence were Bain, Wirth and
Maglicmont.
Maglicmont stated that after Wirth departed his bedroom he went to sleep and that although
his bedroom was on the first floor and within close proximity of Dereks bedroom, he
did not hear any music. He heard nothing until Derek supposedly awakened him to
move his Jeep to transport Sarahs body to the Lafayette River. However, the
fact that the testing of Dereks car produced negative results for trace evidence
casts doubt on the entire scenario, the Commonwealths theory and representations at
trial and Dereks complicity.
In reviewing the testimony of Dewall there are a number of conflicts in his testimony on
direct examination by the Commonwealth relating to his encounter with Derek when he was
looking for his dog. Initially Dewall stated that after knocking on Dereks
bedroom door, Derek opened the door approximately seven or eight inches. Opening the
door just enough to let his small dog out of the bedroom. Dewall then stated that
Derek stepped out of the bedroom and was standing stark naked with a very vacant look on
his face and did not say anything. On cross-examination he indicated that Derek did
talk to him
The Murder
The
Commonwealth relying on the Medical Examiner Dr. Faruk Preswallas Autopsy Report[16] that
indicated Sarah's death was the result of "craniocerebral trauma due to multiple
heavy blows to the head and face and contributory mechanical asphyxia" they
represented to the jury that the murder weapon was a ball peen hammer, although the actual
murder weapon was never recovered. To support their theory they relied on the
Medical Examiner's pathological diagnoses that the craniocerebral trauma was the result of
"blunt force injury to head by multiple blows with a heavy object consistent with a
rounded surface, wider on one than the other resembling ball peen hammer". To
replicate the type of hammer believed to be the murder weapon, the Commonwealth presented
the jury with a large, recently purchased, sixteen (16) ounce ball peen hammer as an
example of what they contended the murder weapon was; although, the Medical Examiner only
referred to a ball peen hammer to describe the rounded surface of the object that was
utilized to inflict the blunt force trauma sustained by Sarah, not that the actual murder
weapon was a ball peen hammer.
The Rape
Although
it was apparent Derek and Sarah maintained a commonly known consensual sexual
relationship, the Commonwealth, to establish a motive for the murder argued that Derek had
raped Sarah and subsequently killed her in a fit of rage because she had made the comment
to members of the TKE Fraternity at a Toga Party held at Dereks house
that "He [Derek] was good, but I [Sarah] have had better.
The
basis for the rape was that the Medical Examiner opined that the visible vaginal bruising
and anal tear observed during his examination of the Sarahs body was
"consistent with sexual abuse" and that the DNA evidence collected as part of
the PERK (Physical Evidence Recovery Kit), utilized when collecting bodily fluids such as
blood, semen, fingernail scrapings and clippings, hair and fiber evidence from Sarah and
Derek for subsequent DNA analysis, testing and comparison purposes identified his semen on
the vaginal swabs.
The
Medical Examiners testimony regarding the vaginal bruise and anal tear opined that
the injuries were consistent with sexual abuse, yet he conceded on cross-examination by
the defense that "generic rough sex" could have also accounted for the injuries.
DNA Evidence
The
DNA evidence was developed by the Commonwealth of Virginia, Department of General
Services, Division of Forensic Science located in Norfolk, Virginia utilizing fluid
samples secured during the Medical Examiners autopsy and maintained as part of the
Sarahs PERK. Relevant DNA samples of bodily fluids, blood and hair from Sarah
were identified, typed and annotated utilizing conventional DNA testing protocol available
at the time.
Relevant DNA samples of bodily fluids,
blood and hair provided by Derek were utilized for comparison purposes and identified
Dereks semen on the vaginal swabs taken from Sarahs body. Additionally,
Sarahs blood was identified on swabs that originated from suspected blood on the
wooden frame of the waterbed, splatter from the walls within Dereks bedroom as well
as from a surf board known to have been in Dereks bedroom.
The items submitted for testing and the results thereof are represented as attached.[17]
Commonwealth's Theory
The Commonwealth Attorney Mr. Chuck Griffith
represented to the jury that the 17 year old, Old Dominion University Freshman Sarah Jean
Wisnosky, was violently raped and murdered by Derek Rocco Barnabei in his bedroom between
12:00 12:30 a.m., Wednesday, September 22, 1993 masking the sounds of the attack by
loudly playing a borrowed Compact Disk (CD) by the band Nine Inch Nails;
specifically the song Head Like a Hole from the album Pretty Hate
Machine. That Derek single handedly removed Sarahs lifeless body from
the house located at 824 West 48th Street in the City of Norfolk, Virginia through his
bedroom window, placed her badly beaten body in his car and transported her to the 5000
block of Mayflower Avenue, disposing of her nude body into the Lafayette River in an area
known as Knitting Mill Creek. This was the same location that Ms. Wisnokys
body was recovered
The Commonwealth maintained that after disposing of the Sarahs body, Derek returned
to the residence where he went to sleep on the couch in the living room.
Subsequently, the Commonwealth portrayed a sequence of events beginning at 7:00 a.m.
maintaining Derek began concealing his crime by cleaning blood and removing physical
evidence from his bedroom throughout the day, planning his departure from the City of
Norfolk by soliciting and borrowing money from numerous members of the Tau Kappa Epsilon
(TKE) Fraternity with which Derek was affiliated, as well as having money wired to him via
Western Union from his mother Jane Barnabei.
The Commonwealth challenged Dereks credibility and character through the utilization
of testimonial evidence relating to his fraudulent affiliation with the TKE Fraternity,
his personal acknowledgements relating to his personal history and identity, as well as
adjudicated and non-adjudicated criminal misconduct.
According to the Commonwealth, Dereks overall character and actions prior to and on
the evening of September 21, 1993, during the early morning hours and throughout the day
of September 22, 1993 followed by his departure from Norfolk, Virginia resulted from his
complicity, constituted flight and proved that Derek alone was the assailant and guilty of
raping and murder Sarah.
The Commonwealth's Conclusion
The Commonwealth contended that Sarah was attacked, raped and
murdered by Derek in his bedroom during the playing of the song Head Like a
Hole. That the music was playing to conceal the sounds of the attack, Sarah's
screams and Dereks rage. Dereks actions at the time he demanded
Maglicmont to move his car were that of an assailant departing the residence to dispose of
the Sarah in the Lafayette River. The Commonwealth further theorized that Derek
transported Sarahs body in his car to the 5000 block of Mayflower Avenue where her
body was disposed of at the same location it was discovered. That Derek returned to
his residence, went to sleep followed by cleaning blood and removing physical evidence
from the bedroom and subsequently departed the City of Norfolk. Subsequently, Derek
established domicile under an assumed name in Cuyahoga Falls, Ohio were he was ultimately
apprehended.
[1] Affidavit of Detective Shaun Squyres
[3] Affidavit of Professor Arnaldo Valle-Levinson
[4] See Photograph, socks on trash can
[5] See photograph, shoe behind post
[6] See photograph of socks with tape measure
[7] See photograph, footprint on porch
[8] See photograph, pink towel
[9] See photograph, shoes next to trash can
[10] See photograph, shoes and white sock from
Wirths bedroom
[11] See photograph, garments in trashcan
[12] See photograph, night photo of trashcan
[13] See photograph, daylight photo of two
traschcans
[14] See photograph, watch on wrist
[15] Affidavit of John S. Gupton
[17] See Physical Evidence Reference Chart