Bullet Points from Kurtis, 5/22/14

 

Regarding the boots I was wearing.

  • The government’s own expert witness was Terrance McAdams (a blood expert)). He examined the boots I wore the night I allegedly beat the victim 10-15 times brutally with the bat, standing very close to the victim while my co-defendants also brutally beat him. The expert found no blood on my boots RP1482-83. H explains all the different types of blood contact he found on co-defendants clothing in technical terms of how it got there RP1487-88. Yet no blood on my boot 1490-91. The expert then explains how unlikely it would be for me to be close to the victim while others brutally beat him and not get blood on me, much less actually hit him myself and not get blood on me RP1512-13. My co-defendants had blood on their boots, pants, jackets and even their hats. In the face of the government’s own witness testifying how unlikely this would be, the government then offered a new theory with no witnesses to support it, that maybe I was crouching low in a kneeling position and so nmy clothing and body prevented blood from landing on my boots RP1504-05. The expert also explained that I could not have cleaned the blood off the boots without them detecting it.

Premeditation

  • Every single one of my co-defendants testified that there was no premeditation, no plan RP2482, 2446 (Frye) 2252, 2255 (Butters); 2071, 2078-80, 2130 (Pillatos).

My Involvment

  • Tristain Frye said I was one mile away when the assault occurred 2088; Pillatos says I’m so far away, I cannot see or hear the assault and I have no idea of the extent of the assault 2130, 33, 37. Butters says all acts of assault occurred before I arrived on the scene 2200. Butters gave five different interviews in the year preceding the trial and all five times says I’m not there when they all assault the victim. Frye admits I’m not there and can’t see or hear the assault 2449.

    This is where the story begins to differ regarding me. After the assault, all three claim they leave the crime scene to find me. Once found, we go back to the crime scene. Frye claims that at this point I hit the victim brutally with a bat 10-15 times. She claims that after this she then kicks the victim in the head four times making her the last to assault the victim. However, Pillatos claims she kicked before I arrived 2086-88. Butters claims she kicked before I arrive 2200 and even Frye herself admits later under cross examination that she kicked before I got there 2469.

Pillatos claims that after all of the assaults took place, he forced me to touch the victim with the bat 2089; once or twice in the head and once or twice in the chest while I’m standing 2090. He claims it was not a strike 2104. He says I was not kneeling2133 contrary to prosecutors suggested explanation for non blood being on my boots. Butters claims that I jabbed or prodded the victim in an effort to check his condition (being that I didn’t know what they had done to him), but that I never used the bat in an assault-like manner 2167. Frye also claims I was standing when I allegedly hit the victim with the bat, very close, close enough to touch with the bat 2450. Butters testified that I did not want to be down there 2274.

Eyewitnesses

  • There were two eye witnesses: Cindy Pitman and Terry Hawkins. Hawkins testified he heard more than one male and one female hollering and making noise 1210-11. He witnessed three people hitting and kicking the train tracks 1212. He saw two men and one woman hitting 1213. He again says he saw three people 1273. Cindy Pitman testified that she saw two men and one female 1081. Claims she saw the female bash the victim with a large rock 1157-58. She claims that I did not participate in the assault 1170-71. She acknowledges that her statements may differ because in the beginning she just couldn’t believe that a female would be involved 1159-60. However, it must also be remembered that she felt intimidated by the government and pressured not to testify in a way that would be favorable to me 689-91. She also said she felt I wasn’t culpable 691. Basically, what these people witnessed were three people: two male and one female assaulting the victim. My co-defendants testified they assaulted the victim while I wasn’t there, therefore there were only three people. Both eyewitnesses testified that they later saw a fourth person, but that he did not participate in the assault. They believed that I was the fourth person.

Perjury

  • Only two people testified that I participated in the assault: Frye and Pillatos. This was in exchange for reduced sentences. On the stand, Pillatos would not answer questions pertaining to what anyone had done except me! That is, until he was asked about Frye. In that regard, he backed up Frye’s story 2079, 2110, 2086. When Pillatos was asked if Frye hit the victim with the boulder, like the eye witnesses alleged, he refused to answer the question. Frye testified that she felt forced to do the assault; that it wasn’t of her own free will 2361. She claims she was frozen, in a state of shock, whereas the eyewitnesses said they heard her yelling, whooping and hollering and hitting just like the males.

The government intercepted letters between Pillatos and Frye, wherein they were planning how they would testify in order to get plea deals. They both testified according to their plans (see Declaration of Barbara Corey) 483-491; specifically, that she did not assault of her own free will and that he wasn’t himself that night. Frye was motivated to testify falsely in exchange for an 11-13 year sentence verses life imprisonment.

Contradictions

  • When Frye got her deal, she signed a contract stating that she would give a tape recorded offer of proof and that her plea bargain would hinge on it; matching with the offer of proof, consistency etc.

    In the offer of proof recorded in the 2nd Amendment Information page 2, lines 21-24, Frye claims that she was hanging with the victim; Pillatos and Butters showed up and struck up a conversation with the victim; the victim got scared and ran; Butters gave chase and once he caught up with him, struck him with the bat. But, in her trial testimony she claims Butters just struck him out of the blue 2438-39. Pillatos also claims Butters struck him out of the blue 2079. Frye claims during direct examination by the prosecutor, after they bring me to the scene, Butters and I begin attacking the victim; all the while Butters is calling the victim a “piece of sh**” 2349. But, later she says I’m not there when Butters calls the victims a “piece of sh**” 2358. She is very adamant about this. Frye, in her offer of proof, claims that she doesn’t ???? I’m there when she assaults the victim – 2nd Amendment Information pages 3-4, lines 23-25; 1-4. And yet, in trial testimony, cross examination, she says I’m not there 2469.

Frye could not remember her story in at least two significant parts; she has to be prompted by the prosecutor to remember her story 2369.

Frye claims that while frozen in shock, Pillatos covers her eyes and propels her to the victim and tells her to kick. She kicks four times, connecting well all four times, kicking hard enough so that her knees hurt the next day. She knew exactly where she connected, pointing it out on photos of the victim despite here eyes being covererd 2460-2462.

Frye was allowed by the government to testify that she was not a White Supremacist or a Skinhead, in spite of the fact that at pretrial, they admitted she was 178, claiming she was deeply involved, possessing a copy of her membership application to Aryan Nations 322; having evidence of her yelling racial slurs in Tacoma before this crime 140-41; evidence of her spray painting racial graffiti in 1975; evidence from the night of the crime, camera footage of her wearing Alpha MA-1 flight jacket, black boots with white laces 2364; photos of her in skinhead attire and naming her baby after Robert Mathews and David Lane 2494. The government had possession of a private letter that Frye had written to me before she got her sweet deal, wherein she acknowledged that I was innocent as opposed to the others who were “truly responsible” 2480-82. Butters testified that I did not knowingly assist in a murder 2228.

Machete Incident

  • Much has been made by the media of a negro pulling out a machete on us and chasing us off. This helps to promote their narrative that racists are really cowards who attack harmless i.e. soft targets, like the victim in this case. This person wielding a machete was unknown to Butters and myself. Pillatos was the only one who saw a machete. I am locating a police interview with Pillatos for you, where he discusses this. He said he saw the machete, but didn’t tell us about it, because he didn’t want us to beat him up, as he knew the guy. He says he later told me the guy had a shotgun and he didn’t say anything because he didn’t want us to get shot. The girl who was with this guy, Amy Gingrich, testified that she knew Pillatos because he had a “try me” tatoo on his neck and she knew the other guy because we called him “Scotty” (Scott Butters); the third person (me) she did not feel threatened by at all. I did not bother her in any way and there was no hostile confrontation 98-99; whereas, she felt terrified of the others. This does not sound like a machete was pulled on me.

Why Me?

  • People need to understand that there is more to this case than meets the eye. I’m not referring to my actual innocence, but that this case created precedence for the government. It can be used against anyone the government doesn’t like. They did not put me in prison because I allegedly committed a crime. They put me in prison because of what I believe. Washington State had a significant Skinhead scene and racialists that were extremely active, as opposed to other areas of the country. They used my case to disrupt racial activism and almost overnight destroyed all the progress that had been made. This can now happen to any one of us, anywhere, any time.

Sincerely,

Kurtis

 

Updated: July 24, 2014 — 9:35 pm

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