The Tampa Police Department has for the first time disclosed a June 8, 1984, police report which contains the following discussion regarding an interview of Maureen Sweeney on June 8, 1984, at 2130 hrs:

The report further stated, "Sweeney advised that she was still in Tampa at the time that Lisa disappeared. She advised approx [sic] a week later she left for Michigan. They advised that Ida Haywood called Mike at his place of employment in June to ask if Lisa had gone with Maureen and she advised that she had not. Later, Junior, (Lisa’s steady boyfriend) came to their house on Rio Vista and asked if they had seen her. Mike saw him much later at Church’s Chicken and asked if he had heard anything from Lisa at which time he advised that she had hurt him really bad and that she had never called him, never tried to get in touch with him and therefore he was finished with the family." Maureen provided Det. Milana with a photograph of Lisa in which she was wearing a ring that was supposed to be the ring she was wearing when she disappeared.

The report also included a discussion of an interview with Mike Glen Willis. Mr. Willis was also interviewed on June 8, 1984, at 1500 hrs:

It was sometime in Jun 83, that Mike Willis met both Barbara and Wayne in McDonald’s. They advised that they were living together but not as lovers, just as friends and that Barbara was going to move in with a man named Ray (Retired Army Officer) who had a lot of money. She told Mike that she was actively seeking and looking for Lisa and she was calling people and places trying to locate her. Barbara also said that she has had an affair with Ida Haywood’s son. She had kicked Wayne out temporarily and moved in with Dale in a small house. That is when Wayne and Barbara told Mike the story about the last time they saw Lisa. The day they last saw Lisa was the day Wayne moved back into the house on Osborne. She became upset because of the fact that she [sic] was moving back and stormed out of the house.

Neither Maureen Sweeney nor Mike Willis were listed on the State’s October 23, 1984, Notice of Discovery as "persons known to the State of Florida to have information which may be relevant to the offense charged" (R. 594). Neither was Detective Milana. Further, the State did not list the June 8^th report by Detective Milana nor disclose it (R. 596).

Similarly, the June 8, 1984, report was not disclosed in 1989, despite public records request on both the State Attorney’s Office and the Tampa Police Department.

Nor was the report disclosed to Mr. Tompkins or his counsel at any time prior to April, 2001, pursuant to the State of Florida’s obligation under Brady, Kyles, Strickler, and Rogers.

Similarly, the State for the first time has now disclosed a legible enough copy of the March 24, 1983, report to discern significant information which is corroborated by the Maureen Sweeney statement. The initial police report, dated March 24, 1983 at 5:30 p.m. is a two-page report. The first page lists the complainant, the date and the time of the incident being reported. The Date Time Occurred is listed as "24 Mar 23 1330-1400". It is now clear from the first page of the report disclosed in April, 2001, that Barbara DeCarr is the complainant. In the code box next to her name appears "C/P". Above her name the codes are explained, "V=Victim C=Complainant J=Juvenile O=Owner A=Defendant P=Parent I=Firm Name M=Missing D=Deceased OT=Other". Thus, Barbara was identified as both the Complainant and the Parent. On this page of the report in the reconstruction section it is handwritten, "Mrs. Decarr stated her daughter ran away from home for no apparent reason." The second page of the report next to the phrase "Restricted Persons" has more codes, SP=Suspect W=Witness JA=Juvenile Arrest JR=Juvenile Runaway". Lisa DeCarr is listed as "JR". Wendy Chancey is listed as "W". The report then contains the following in the Narrative section with the instruction "Do Not Repeat in Narrative Any Information Already Contained in Report. The following is then handwritten by Officer Griffin:

Compl. stated she last saw Lisa at the listed residence at the listed time. Compl. stated that everything was fine at home and has had no trouble with Lisa running away or anything. Cmpl. stated that Lisa was having some trouble in school but nothing to cause her to runaway. Cmpl. checked with Lisa's friends and school for information as to where she might be with negative results. Cmpl. stated that one of Lisa's friends told her that Lisa asked about Beach Place, but Cmpl. checked with Beach Place with negative results. Cmpl. stated Lisa did not take any of her belongings and gave no indication of wanting to leave.

Determining the listed time and residence requires referring back to page one of the report. Page one shows the listed time as 1:30-2:00 on March 24, 1983 and the listed residence as 1225 E. Osborne St., Lisa's residence. Thus, the complainant, Barbara DeCarr last saw her daughter, Lisa, at 1:30-2:00 pm. On March 24, 1983, at 1225 E. Osborne. The report further indicates that a witness, Wendy Chancey, stated "she observed Lisa get into the suspect vehicle at 12th St. and Osborne and was last seen heading north on 12th St." Barbara testified that "I didn’t tell the police anything. Wayne did all the talking." (DeCarr depo. at 41). Barbara also testified that Wendy Chancey said that she had seen Lisa getting into a brown Pinto the afternoon she disappeared, "she said she seen it from her bus." (DeCarr depo. at 40).

These documents must be read in conjunction with the Missing Children records that were stipulated into evidence in 1989 and which contained the following notation at 4:30 pm. on June 1, 1984: "Barbara went on to state . . . that Det. Gullo had been in touch with her, and she again told him, as she had when Lisa first disappeared, that Wayne had been the last person to see Lisa alive!! Det. Gullo insisted that she did not tell him this" (emphasis in original)(Exh. 10).

The Tampa Police Department has also disclosed in April of 2001 for the first time a July 28, 1983 report which included Det. Gullo’s account of his June 13, 1983, interview of Barbara DeCarr. Det. Gullo reported:

14 Jun 83, 1430 hrs.

The u/signed received a phone call from BARBARA DeCARR. MRS. DeCARR who also reported her daughter, LISA DeCARR, RUNAWAY, on 24 Mar 83, OFF. #83-15919. MRS. DeCARR stated that she had received information from MARY ALBACH that JESSIE had run away. MRS. DeCARR stated that JESSIE and LISA were very close friends and that she thinks that perhaps they are together. Also MRS. DeCARR stated that she received some information that possibly LISA DeCARR and JESSIE are in the Hyde Park area, but she does not know at what location. MRS. DeCARR stated that LISA and JESSIE had many friends which were common to both of them and that is the reason she thinks they are together. MRS. DeCARR stated that she will call me if she learns any new information on either of the girls.

This Statement was not disclosed in the October 23, 1984, Notice of Discovery (R. 595). Nor was it disclosed in 1989 pursuant to Mr. Tompkins public records request. However, Barbara DeCarr’s name was disclosed and she was called by the State to testify. Rule 3.220(1)(B), Fla.R.Cr.Pro., was clearly violated.

The Tampa Police Department has also disclosed in April of 2001 for the first time handwritten lead sheets prepared by Det. Burke. Included in the lead sheets was a notation "get Thompkins [sic] hair samples sent to FBI." Obviously contrary to the position taken by Assistant State Attorney Shirley Williams on April 11, 2001, Det. Burke believed that known standard hair samples should be obtained from Wayne Tompkins in order to compare with forensic evidence sent to the FBI.

Included in the lead sheets that were first disclosed in April of 2001 was a notation, "call Junior Davis back [illegible]- dates Barbara came to his house [illegible]- deadend /EAD school record’s revealed she was in school". Junior Davis’ name was not disclosed on the State’s Notice of Discovery. Nor were any statements by him regarding Barbara coming to his house on a day when school records show that Lisa was in school.

Included in the lead sheets was the following handwritten notation:

B/M living at 1223 E Osborne - Name maybe Bob -

Note left by Lisa about Bob wanting sex - last name McKelvin? Nothing in Records 6 Jul 84 - 11 Jul Real Name Everett Knight 167243

The newly disclosed police records included the very lengthy rap sheet for Everett Knight. Of course at trial, the defense inquired regarding the police investigation of Bob McKelvin. Det. Burke was asked specifically about Bob McKelvin and his sexual advances toward Lisa DeCarr. He was unsure if he spoke with a Bob McKelvin; he claimed that he did not recall the name of a black man who was a neighbor of the DeCarrs and whether he spoke with him (R. 287). Burke was aware of someone having made sexual advances toward Lisa DeCarr, and "[i]f it was Bob McKelvin who lived next door, yes, I was aware of some information regarding that" (Id.). Burke never followed up on that investigation (Id.), and McKelvin was never interviewed by the police (R. 288). The name Everett Knight was never disclosed by the State of Florida, nor was his lengthy rap sheet which was in the State’s possession and included a conviction for "sex offense-crime against nature." Also disclosed in April of 2001 is a Criminal Intelligence Report dated Nov. 26, 1981, that set forth Everett Knight’s criminal specialties, "Hi-jacking and armed robbery."

In fact, Barbara DeCarr testified in cross-examination before the jury that "Bob McKelvin had propositioned Lisa and had basically told her that her would do certain things for her for sexual favors" (R. 228).

On April 11, 2001, Det. Burke in conversation with undersigned counsel while inspecting evidence at the Tampa Police Department stated that Jessie Albach and Lisa DeCarr were killed by the same individual based upon his examination of the remains. He acknowledged that no charges had ever been filed in the Albach case because he just could not prove that Wayne committed that murder. He asserted that in Lisa DeCarr’s case he had Kathy Stevens and the jailhouse informant so he could make a case. Undersigned counsel pointed out that at the time charges were filed Det. Burke did not have Kathy Stevens. Det. Burke responded that he had a couple a jailhouse informants then. Undersigned counsel then point out that there had only been one jailhouse informant, Brian Duncan, who after being released from jail committed another burglary. When police came to arrest him, he was so desperate to avoid incarceration he took cyanide and died.

The fact that Det. Burke believes that based upon the crime scene both Lisa DeCarr and Jessie Albach were committed by the same individual is important information given the disclosure in April of 2001 that there were other suspects in the Albach homicide. A July 28, 1983, report that has just been disclosed contained the following report by Det. Gullo:

13 Jun 83, 0855

The u/signed went to 4507 Giddens, Apt. #57 and spoke to OTIS KIRNES, BM, No phone. Otis stated that he saw JESSIE ALBACH on Thurs., 10 Jun 83 in the early evening hours at the THORNTON GAS STATION. She was with a WM, very thin build, approx., 6' tall with med length, blond hair, combed straight down. He observed them buy a six pack of beer and then leave, but he does not know in which direction they went or if they had a car. OTIS stated that he did not know JESSIE was a RUNAWAY at that time, or he would have told the gas station attendant. OTIS stated that he does not know JESSIE that well, but that he has seen her in the gas station on numerous occasions, and on times, they have said 'hello' to each other, but he does not know her very well, but knows for sure that he did observe her at the gas station on Thurs., 10 Jun 83. There was no doubt in his mind.

Jessie Albach had been reported as a runaway on June 7, 1983.

Graham related he has observed an old (late 60's early 70's) model Oldsmobile or Buick, black in color, starting to frequent the field; the first time he noticed it was approx. three months ago and the last time he saw it was approx. two to three weeks ago.

Graham is sure this is the same vehicle which pulls into the open field usually between 0300 h. and 0500 h., is driven by a B/M and he always has a W/F passenger. Graham stated he sometimes works in his yard during these hours and can clearly see the B/M driver but cannot describe or identify him.

Interestingly, the 11/26/81 Criminal Intelligence Report regarding Everett Knight indicates that Mr. Knight owns a green ’70 Pontiac Catalina.

Also disclosed for the first time in April of 2001 is a police report dated August 18, 1982, regarding an establishment known as the "Naked City" which was operated by W. H. Graham. Police charged five young white female dancers with lewd and lascivious acts. Mr. Graham was cited "for maintaining premises where alcohol is sold unlawfully." One of the girls admitted that that she was under age and that Graham had altered her driver’s license to change her birth date. Again, Mr. Graham is the person who reported the discovery of the remains that were identified as Jessie Albach.

Also disclosed for the first time in April of 2001 is a December 27, 1983, letter from the State Attorney of Hillsborough County detailing the final disposition of charges pending against W. H. Graham. Mr. Graham was convicted of "KEEPING HOUSE OF ILL FAME" and he received withheld adjudication and 18 months of probation.

In November of 1980, Mr. Graham also reported finding bones, although the police report indicates that those bones "where [sic] determined not to be human."

On September 26, 1981, W.H. Graham was charged with aggravated assault. Reportedly, he attacked an 18 year old white male with a pipe.

She further stated that the victim in this offense was a very good friend of a girl by the name of Leslie DeCarr who is missing. She state at one time she had stayed with the DeCarr’s in the trailer park where Jessie lives known as the Keba. She further states that she knew one of Jessie’s brothers had abused her quite a bit and that she had often seen this take place in front of her, most of which was pushing and shoving and pulling hair and she has seen George Albach hit Jessie on a few occasions. She said normally when she and Jessie would go out, they would go to the East Lake Mall or go to her house on E. Giddens. She said she knew Jessie had participated at least one (1) time in sexual intercourse with her brother because she had walked in on them one (1) day when she was living on Giddens. She said at that time she believed Jessie to be about 11 thru 13 yrs old. She said at that time she and Jessie had never talked about the situation where she was caught during sexual intercourse. She stated that she and Jessie had never talked about sexual intercourse with anyone else. She advised also Jessie had never talked to her about having any older men approach her. She stated that on at least three or four occasions,that she has gone with Jessie up to the Wagon Wheel Restaurant to find Jessie’s mother (They normally call Jesse Ladon). She said each time they would go to the Wagon Wheel, that there was a WM, somewhere between 30 and 40 yrs old who would give Jessie quite a bit of attention and also give her money. She stated she does not know who this subject is. At this point, the u/signed showed a photopak to Mercier at which time she picked out a photograph of WM Graham as the subj she had seen in the area several times around the Keba Trailer Park also at the Wagon Wheel and also at Farmer John’s Market.

The report also contained an account of a May 17, 1984, interview of Sherry Bedsole, DOB 10/3/69, as follows:

It should be noted at this point that Charlotte Mercier and Sherry Bedsole are sisters, having different father. She made aprox. The same statement as did her sister, with exception that she had also seen Jessie have sexual intercourse with a subject by the name of Billy DeCarr and also her brother Eddie Mercier who is now 18 yrs old. She stated she made these observations once at the DeCarr trailer and once at her house when they lived on E. Giddens.

Records disclosed for the first time in April of 2001 show that in June of 1983, W. H. Graham was being investigated for raping one of the girls who worked at the "Naked City" on June 24^th. One of the documents describes W.H. Graham as "6’ 01" and weighing approximately 185, with either gray or white hair that was straight and dirty or sloppy. However, the police officer was not able to find the victim on June 27^th or June 30^th. On July 6^th, the police officer located someone at the trailer who reported that the victim had moved on June 25^th. The case was closed with the victim listed as "LNU, Laurie", address "At large". A cab driver who had picked Laurie up on June 24^th had been advised of the rape and had contacted the police. He described her as a white female about 4’10" to 5’ tall. The cab driver also advised "that Graham stated to him that he was having trouble with the girls and was going to shut down Naked City." Thereafter, it was noted that Naked City in fact closed. On the June 7, 1983, juvenile runaway report regarding Jess Albach it is represented that she was 4’11", 97 lbs.

A police report first disclosed in April of 2001, reports of a June 14, 1983, phone interview of Lori Lite, "who advised that she and Jessie Albach, that they were fairly close friends, but she does not know where Jessie is at, nor did Jessie tell her that she was going to run away."

A newly disclosed report reveals that on June 9, 1984, W.H. Graham found additional bones in the area where the body believed to be Jessie Albach was found. In the newly disclosed May 3, 1984, report, it is reported that, "Graham stated he has had a continual problem with prowlers and vehicles loitering in this field usually during the early morning hours (0230-0530 h., seven days a week). Graham state he has found women’s underclothing and purses in the field, on numerous occasions; he also stated he has heard what sounded like female screams on numerous occasions, but did not personally check on it himself."

A May 9, 1984, report which was not disclosed until April of 2001 reveals that in fact there were two W.H. Wilder’s:

W/M GRAHAM, W.H., DOB 2 JUL 31, ADD: 4304 E. WILDER, SS # 492-34-3794, D.L. #G650-888-31-242, 6’1", 185#, BLUE EYES, GREY HAIR, ARRESTED 8-18-82.

W/M GRAHAM, WESLEY HOWARD, DOB 1 FEB 54, ADD 4304 E. WILDER, SS # 488-64-0011, d.l. # g180-416-56-243, 6’, 184 #, BLUE EYES, BRN HAIR, ARRESTED 27 AUG 82.

The arrests in August of 1982 were both for the sale of alcoholic beverages without a license, apparently at Naked City.

This report also reveals that the Graham’s had four vehicles registered to the older Graham, including a 1971 Ford of an unknown model.

Also disclosed for the first time in April of 2001 by the Tampa Police Department is a list of the questions that was to be asked Detective Burke by Mike Benito at Mr. Tompkins’ trial. Not only is this a list of the questions, but in places the answers have been typed in by the person who prepared the document. The fact that the prosecutor felt compelled to provide the lead detective with in essence at script is impeachment evidence. Moreover, the existence of this script was only discovered because it was kept with Det. Burke’s file, its existence suggests that scripts for witnesses was a practice of Mike Benito and that he may have employed with his three main witnesses: Barbara DeCarr, Kathy Stevens, and Kenneth Turco.

In addition it has just been disclosed in April of 2001 that Kathy Stevens served time in jail for committing perjury in 1986:

KATHY STEVENS, A.K.A. SAMPLE, A.K.A. MAMROE, A.K.A. MONROE

BOOKING REPORT-9/25/86

VOP PERJURY CASE NUMBER 061-295KJ 60 DAYS TO BE RELEASED

TO DRUG CENTER ONLY

This information was not disclosed by the State of Florida in 1989 when Mr. Tompkins sought to call Ms. Stevens to testify at the state court evidentiary hearing. The State of Florida objected without revealing that Ms. Stevens had a perjury conviction. The judge sustained the objection and forced counsel to talk to Ms. Stevens in the hallway and place on the record what she would say on the witness stand if she had been called. Ms. Stevens, like the State, neglected to reveal that at the time she was a convicted perjurer. Nor did the State reveal this when Mr. Tompkins and the State were ordered by the federal district court to prepare a pre-evidentiary hearing stipulation in advance of a possible federal evidentiary hearing.

Meanwhile, Kenneth Turco, the convicted escapee who was allowed to withdraw his plea only to have his charges subsequently dropped after testifying for the State at Mr. Tompkins’ trial, has continued to have run-ins with the law. For example, the individual who Mr. Benito thought so highly of that he would nolle prosse an escape for which Turco had pled guilty was convicted in 1995 of extortion.