Missing Evidence

Versione Italiana

Incomplete and Inadequate Investigation

Paul Erwin Kish - Affidavit

Paul Erwin Kish - Affidavit Paul Erwin Kish - Affidavit
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Ample Evidence Missing:

60 pieces of evidence were logged into the evidence room of the Norfolk City Police, only 12 pieces were ever tested.  38 were not tested in any way.

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10 pieces are now missing from the evidence room.

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The murder weapon was never found.

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The victim’s clothes were never found.

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The victim’s watch, which could have revealed the time of death and presented Derek with a confirmed alibi, was found on the victim’s body and mysteriously disappeared from police custody.

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The police failed to search any other part of the house other than Derek’s room or to look at any of the other occupants or investigate their belongings or vehicles.

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The house is now being sold and in any event any evidence in it has failed to be preserved.

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The bloody fingernail was never looked at after its recovery.

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No testing of any kind was performed on the fingernail.

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Repeated requests by Derek to test the fingernail sample have been refused.

Evidence Tampering:

 
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Two pictures of Derek’s room showing the fireplace show different  evidence

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An examination of river tide shows that body had to have been placed on other side of river from where she was found. This is more consistent with evidence found of vegetation found on body and sand on socks and shoes. Yet misteriously bloody shoe and towel show up on the ground near where body is found. Can you immagine what the probabilities are that you place three items on one side of the river and some items are found on ground near the body of the other side of the river?

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In one picture window screen is pointing in the other pointing out.

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Shoe was moved in crime scene by Detective Squyres.

The state consistently talks about overwhelming evidence against Derek in this case but on review it is decidedly under-whealming.

The trial and its aftermath:


The police investigation into the Wisnosky murder and Derek's trial were a travesty of justice. This is obvious from the federal court finding that Derek did not have the Constitutionally required representation of counsel based upon his lawyer's performance.

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This is obvious from the bounty of evidence that was never obtained or investigated by police no less brought to the jury.

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This is obvious from the fact that the jury was shown a   prejudicial example of a murder weapon bearing no resemblance to anything ever in Derek's possession.

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This is obvious from the police instruction to its lab not to bother testing key evidence.

Many people remain diligently at work on the Barnabei matter, diligently attempting to bring to light the evidence police ignored.

Untested Evidence

Peculiar Evidence

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