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DISTRICT / COUNTY COURT, MESA COUNTY, STATE OF COLORADO ACTION NUMBER 12CR Mesa County (Colorado) Sheriffs Office

Case 11L2798

ARREST WARRANT

THE PEOPLE OF THE STATE OF COLORADO, TO: ANY PEACE OFFICER IN THE STATE OF COLORADO, INTO WHOSE HANDS THIS WARRANT SHALL COME, GREETINGS: WHEREAS, Investigator Jim Hebenstreit, a peace officer, has made Application and Affidavit for the issuance of an Arrest Warrant; and, WHEREAS, the Application appears proper, and this Court is satisfied that there is probable cause to believe that the person named in the Application has committed the offenses of: 1. Murder in the First Degree (after deliberation), in violation of C.R.S. 18-3-102(1)(a), a class 1 felony. 2. Murder in the First Degree (felony murder), in violation of C.R.S. 18-3-102(1)(b), a class 1 felony. 3. Sexual Assault in the First Degree, In violation of C.R.S. 18-3-402(1)(a),(3)(b), a class 2 felony.

YOU ARE THEREFORE COMMANDED TO ARREST Douglas Thames DOB 09/23/72 White male, 510, 185 lbs., brown hair, blue eyes

and bring them without unnecessary delay before the nearest available Judge of the County or District Court. It is therefore ordered that Bond is set in the amount of $___________. DONE this ________ day of April , 2012.

BY THE COURT

__________________________
DISTRICT COURT JUDGE

DISTRICT / COUNTY COURT, MESA COUNTY, STATE OF COLORADO ACTION NUMBER 12CR Mesa County (Colorado) Sheriffs Office Case 11L2798

AFFIDAVIT IN SUPPORT OF ARREST WARRANT

IN THE MATTER OF: The People of The State of Colorado V.


Douglas Thames DOB 09/23/72

Comes now, Jim Hebenstreit, and being of lawful age and first duly sworn upon oath, states and alleges in support of an arrest warrant for the above named Defendant as follows: 1. I am a duly employed law enforcement officer, employed as an Investigator with the Mesa County Sheriffs Office and was so employed at all times relevant to this affidavit. The information contained in this affidavit was compiled by me in the course of a criminal investigation by reviewing official reports and documents, speaking to fellow law enforcement officers, and citizen witnesses. All locations referred to are in Mesa County, unless specifically noted otherwise.
2. On Saturday, June 4, 1994 at approximately 0827 hours, the Greater Grand Valley Communications Center (911) received a telephone call from Mr. Benjamin Hamm at 855 Inness Court #1 in Palisade, Colorado. Mr. Hamm reported he had found a body in a bathtub at 855 Inness Court, Apartment #2. Police Officers with the Palisade Police Department responded and found the body of a deceased white female laying in the bathtub of the upstairs bathroom. The Palisade Rescue Squad was also dispatched to the scene. EMT Rose McDonald entered the apartment and confirmed the victim was deceased. 3. During a subsequent interview with Palisade Police Officer Jeff Doty, Mr. Hamm stated he was awakened by his girlfriend at approximately 0730 hours on 06/04/94 and noticed water running next door in Apartment #2. Upon going downstairs he noticed water coming from the roof and cabinets in the kitchen. Mr. Hamm became concerned and went to apartment #2 and knocked on the front door. No one came to the door and Mr. Hamm then went back upstairs and yelled out his bathroom window to turn off the water. After a few minutes, Mr. Hamm returned to Apartment #2 and knocked on the front door again. When no one answered, he checked the door knob and found it was unlocked. He entered apartment #2 and shouted to determine if anyone was home. When no one answered, Mr. Hamm went upstairs to check on the sound of running water. Upon entering the bathroom, Mr. Hamm found the bathroom door was open and both doors to the bathtub were open to the left. He saw the legs of a person lying in the bathtub and received no response when he asked if everything was okay. When he looked inside the bathtub on the right side of the shower door, Mr. Hamm observed a young female laying face up in the bathtub. He saw her head was tilted back and there was blood around her

nose and mouth. Mr. Hamm saw what he thought was a multi-colored scarf around her neck. The female was wearing a tee shirt and was nude from the waist down. Mr. Hamm turned off the water and returned to his apartment to call 911. Mr. Hamm also stated during his interview that the residents in apartment #2 had a party on 06/03/94 and there were people in and out of apartment #2 until 0130 hours on 06/04/94. 4. The Palisade Police Department requested assistance from the Mesa County Sheriffs Office. MCSO Investigator Steve Stogsdill assisted in the investigation. At approximately 0940 hours on 06/04/94 Investigator Stogsdill arrived at 855 Inness Court, Apartment #2 and started to examine the crime scene. During the investigation, Mesa County District Attorney Frank Daniels was contacted by Palisade Police Chief Greg Kuhn and briefed on the investigation. During the conversation Mr. Daniels requested a search warrant be obtained to search and process the apartment for evidence. 5. The victim was identified as Jacie Taylor (DOB: 03/28/75). She was transported to Community Hospital where a Forensic Autopsy was performed by Doctor Robert Kurtzman. During the autopsy, Dr. Kurtzman found the victim had contusions (bruises) and abrasions (scrapes) on the body indicating she had been involved in a struggle and had been beaten prior to death. These injuries (contusions and abrasions) were noted on the arms, legs, genitalia, anus, face and head. Dr. Kurtzman concluded the injury to the genitalia and anus indicated the decedent had been sexually assaulted. A pink in color dog leash was tied around the victims neck and several pieces of soap had been inserted in the victims vagina. Fingernails on the right and left hand of the decedent were broken, indicative of a struggle. Dr. Kurtzman ruled the cause of death was Ligature Strangulation and the manner of death was Homicide. At the autopsy, control samples of the victims blood, head hairs, pubic hairs, oral, vaginal and rectal swabs and fingernails were obtained and later sent to the Colorado Bureau of Investigation for examination and testing. The soap and the dog leash were also collected at autopsy and sent to the Colorado Bureau of Investigation for analysis. 6. On June 4, 1994, Officer Dave Schumacher prepared an affidavit for a search warrant for 855 Inness Court, Apartment #2 and the search warrant was issued by District Judge Charles Buss. On June 4, 1994, the crime scene was examined and processed by Investigator Stogsdill, Chief Investigator Gil Stone with the Mesa County District Attorneys Office and Mr. Joseph Snyder of Forensic Science Consultants. During the examination, several blood drops, blood spatters and blood smears were found and examined by Mr. Snyder. Mr. Snyders report indicated medium velocity bloodstain pattern on the living room sofa and on the wall behind the sofa. Mr. Snyders report describes medium velocity pattern is a result of a bloody surface being impacted by a medium velocity impact or a bloody object striking a surface with a medium velocity force. A medium velocity impact is consistent with a force of between 25 to 100 feet per second. Blunt force trauma per Mr. Snyders report is an excellent example of this type of spatter. Mr. Snyder also found blood splattering and concentrated blood stains, as well as hairs on items located on the living room sofa. Mr. Snyder also conducted a preliminary test for blood on the handle of the bathroom sink which showed positive for blood. 7. Mr. Snyder later testified at trial about the crime scene processing at 855 Inness Court, Apartment 2. He described blood spatter on the apartment wall, blood on pizza boxes in the living room, and a blue and white blanket that was located on the south corner of the living room couch. The blanket and pizza boxes were collected and booked into evidence. Mr. Snyder testified he tested the blanket after receiving it on 10/24/94 and located a semen stain on the blanket. He testified that John Moran from CBI had previously tested the blanket and did not find the semen stain on the blanket.

8. In the course of the investigation it was learned that Jacie Taylor lived at 855 Inness Court, apartment 2, with Brandy Bledsoe (DOB: 08/28/74). During interviews with investigators, and subsequent trial testimony, Brandy Bledsoe related the following information. Jacie Taylor moved into the apartment on Inness Court with Brandy about a month before she was murdered. About two weeks before Jacie was killed, Cynthia Mallow, also known as Sam Mallow, came to their apartment asking to stay with them for a few days. Sam told Jacie and Brandy she had a fight with her brother Mad Dog (Donald Mallow) and he made her move out. (At the time, Donald Mallow lived at 939 Inness Court with Dulcie Newland). Brandy indicated they did not want Sam to live with them but were afraid to tell her to leave. Brandy stated that during her stay, Sam provided Jacie Taylor and her with methamphetamine. A couple of days after Sam moved in with them, Brandy decided to go to Montrose to stay with a friend. Brandy described meeting Robert Dewey, also known as Rider, the day before she (Brandy) left for Montrose. Brandy said Rider came to the apartment with Sam Mallow and that he appeared to be extremely paranoid. She described him looking around the apartment as if he was casing it. A number of Jacie Taylors friends, neighbors, and associates were identified and interviewed. Many of these individuals were using methamphetamine at the time. Sheila Harris (DOB: 09/05/74) was identified as a close friend of Jacie Taylor who spent a lot of time at Jacies apartment. 9. On June 6, 1994, Palisade Police Chief Greg Kuhn contacted Donald Mallow and Robert Dewey at the C & F Food Store in Palisade, Colorado. Upon contacting Robert Dewey and asking for his name, Dewey identified himself as Mike Powl. Chief Kuhn told him he resembled someone known as Rider. Dewey stated he never heard that name before. During the contact, Dewey stated he would meet at the Palisade Police Department for an interview as he knew the victim and wanted the person responsible for the death to be arrested. Later, Chief Kuhn met with Robert Dewey aka Mike Powl at the Palisade Police Department. Robert Dewey identified himself as being Michael James Powl and upon being asked how to spell his last name, he spelled it Fowl and then gave his date of birth of 11-10-62 and a Social Security Number of 564-72-9143. Upon being asked for identification, Robert Dewey stated it had been stolen. When Dewey was asked how he knew the victim, he stated he had met her through Sam Mallow approximately a week earlier. Dewey further advised he thought it would have been Tuesday or Wednesday (May 31 or June 1). During the interview, Dewey admitted he had been inside the victims apartment a couple of times. Upon being asked if he ever spent the night in the apartment, he stated he couldnt remember. Dewey was told he had been identified as the subject known as Rider. Dewey again stated he wasnt Rider. 10. Robert Dewey was observed wearing what appeared to be a gray sock over his right forearm. Upon being asked why, Dewey stated he had been working on a friends car when the car battery exploded, spraying battery acid on his arm. Upon being asked to see the injury, Dewey pulled the sock down towards his wrist and Chief Kuhn observed small circular scabs covering the topside of Deweys forearm. Dewey was asked to give his fingerprints, since he had been in the victims apartment and they might be needed for elimination. Dewey agreed to this and was fingerprinted by Sgt. Ron McDonald with the Palisade Police Department. Dewey also had Polaroid photos taken. During this contact, Robert Dewey told Officer Schumacher he had been arrested in Missouri on an assault charge. Officer Schumacher faxed a copy of Deweys inked fingerprints to the Missouri State Police to verify his identity. The Missouri State Police ran the fingerprints through a computerized fingerprint identification system and confirmed that Michael J. Powl was in fact Robert Dwain Dewey (DOB: 11/20/60). 11. On Tuesday, June 7, 1994, Officer Dave Schumacher with the Palisade Police Department received several items of property from Mr. Donald Mallow, 939 Inness Court, #1, Palisade, Colorado. Mr. Mallow stated the property was left abandoned at his residence by Robert Dewey. The items given to

Officer Schumacher consisted of several clothing items including tee shirts, a long sleeve Texaco shirt, a pair of pants, an STP concealable can with a clown figure and a Colt .45 caliber semi-automatic handgun. Upon examination of the clothing, Officer Schumacher observed possible blood stains on the long sleeve Texaco shirt. 12. On Wednesday, June 8, 1994, Investigator Stogsdill was present when Mr. Joseph Snyder of Forensic Science Consultants performed preliminary tests on two items of clothing. One item being a pair of pants marked as item DS-10 and the other item being a dark gray long sleeve Texaco shirt marked DS11. A positive preliminary test for blood was detected on the right and left sleeve of the Texaco shirt, DS-11. Investigator Stogsdill noted the pattern is consistent with a medium velocity pattern. There was also one droplet in the center of the shirt that exhibited a positive preliminary test for blood. A positive preliminary test for blood was detected on the exterior posterior of the left pant leg, DS-10. No blood was visually identified on the front of the pants. 13. On June 29, 1994, Officer Dave Schumacher presented an affidavit for the issuance of a 41.1 for Non-Testimonial Identification to the Honorable District Court Judge Charles A. Buss for Robert Dwain Dewey. Judge Buss issued an order which authorized Officer Schumacher to obtain control samples of Mr. Robert Dwain Deweys head hair, pubic hair, saliva, blood and a physical examination of the skin for injuries. Judge Buss also signed a motion to seal the affidavit, motions and order regarding the 41.1 procedure for Mr. Robert Dwain Dewey. On June 30, 1994, Investigator Stogsdill was present when the 41.1 was served on Mr. Robert Dwain Dewey at the Mesa County Detention Facility. Investigator Stogsdill took custody of the control samples obtained from Mr. Dewey and placed them into evidence. Later, Investigator Stogsdill requested the control samples be sent to the Colorado Bureau of Investigation for examination, testing and comparison with items recovered at the crime scene. 14. The Texaco shirt was sent to the Colorado Bureau of Investigation (CBI) in Montrose, Colorado for examination and testing. Testing on the shirt indicated the presence of human blood. The CBI lab report indicated they could not determine the donor(s) of the human blood that was located on the long sleeve Texaco shirt. The Colorado Bureau of Investigation (CBI) recommended the long sleeve Texaco shirt be sent to Gene Screen, 2600 Stemmons Fwy., Suite 133 Dallas, Texas for DNA testing. Gene Screen was a forensic laboratory that specialized in DNA testing. 15. During the investigation, Investigator Stogsdill also collected control samples of hair, saliva and blood from two other persons who were possibly involved in the crime; Cynthia Mallow and Donald Mallow III. The control samples of Robert Dwain Dewey, Cynthia Mallow and Donald Mallow were sent to CBI for examination, testing and comparison. The blood samples were forwarded to Gene Screen for DNA testing. 16. In a February 14, 1995 Gene Screen report, DNA test results were revealed for Robert Deweys Texaco shirt and the fingernail clippings of the victim Jacie Taylor. The report indicated the Texaco shirt showed a mixed typing . . . which is consistent with DNA having originated from the victim, J. Taylor, and the suspect, R.Dewey. It further stated that DNA from the fingernail clippings of Jacie Taylor did not match the DNA of Robert Dewey, Cynthia Mallow and Donald Mallow. At the subsequent trial of Robert Dewey in 1996, the Gene Screen DNA analyst Judith Floyd described her training and experience in the area of DQ-Alpha analysis and polymarker analysis. She testified that she had been conducting forensic DNA analysis for seven years. Ms. Floyd was accepted by the court as an expert in the area of DNA testing. She described her analysis of blood stains on cuttings from the Texaco shirt. She clarified that 45% of the Caucasian population could have contributed to the DNA mixture on the Texaco shirt.

During cross examination, Ms. Floyd confirmed that both polymarker results she obtained from the Texaco shirt were consistent with Mr. Dewey's polymarker results. Defense attorney Randy Brown asked her, And both polymarker results that you obtained from the Texaco shirt are inconsistent with Jacie Taylor's polymarker results, correct? She replied With every marker, yes. Mr. Brown followed up by asking And therefore if you were basing it solely on polymarker results, you would exclude Jacie Taylor for depositing the blood on the Texaco shirt? Ms. Floyd answered, Based solely on polymarker, thats correct. Ms. Floyd further testified that the DNA profile associated with the material under the victims fingernails had not been matched to a known person. The defense also presented expert testimony regarding DNA at the jury trial. The defense expert was Dr. Moses Schanfield, the Laboratory Director for Analytical Genetic Testing Center, Denver, CO. Dr. Schanfield disputed Ms. Floyds contention that the victims DNA was present on the Texaco Shirt. Additional evidence presented at trial by the prosecution included unidentified DNA profiles on a semen stained blanket at the victims apartment. This DNA evidence, together with the unidentified DNA under the victims fingernails, caused the prosecution to argue at the 1996 jury trial that a second unidentified individual was involved in the murder with Robert Dewey. 17. The handgun, referred to in paragraph 11 of this affidavit, received from Mr. Donald Mallow was identified as a Colt .45 caliber pistol. Serial Number 70N44534. A computer check of this handgun showed it was a stolen weapon as reported by the Grand Junction Police Department. 18. Investigator Stogsdill reviewed reports from the Pueblo Police Department, Pueblo, Colorado. On June 22, 1994, Mr. Robert Dewey was arrested in Pueblo, Colorado, pursuant to an arrest warrant issued by the Honorable County Court Judge David McKinley in Mesa County, Colorado. On November 23, 1994, Mr. Robert Dwain Dewey agreed to and signed a plea agreement form, admitting he has entered / will enter a plea of guilty to Possession of a weapon by a previous offender. On November 23, 1994, the Honorable District Court Judge Charles A. Buss sentenced Mr. Robert Dwain Dewey to the Colorado Department of Correction for a term of One (1) year with credit for 155 days pre-sentence confinement. 19. Investigator Stogsdill also reviewed a report from Officer Ladrini with the Pueblo Police Department where he interviewed Ms. Barbara Holt who was with Robert Dewey when he was arrested. Ms. Holt was arrested at the same time for an outstanding warrant of her own. During an interview on 06/23/94, Ms. Holt said she asked Dewey about the murder and Dewey told her he had gone over to Sams house (Cynthia Mallow) and was partying and there were at least four other people and they were shooting speed. Ms. Holt continued and said Dewey told her he (Dewey) knew the murder took place on Friday (the 3rd of June), but the body was not found until Saturday (the 4th of June). Ms. Holt said Dewey said the female victim had been strangled and raped. Ms. Holt stated Dewey said he did not kill the female, but was there when it happened. In April, 2012, I interviewed Ms. Holt by telephone. Ms. Holts current name is Barbara Barnes. She stated that Dewey always maintained his innocence to her. With respect to the prior statement she made to the Pueblo Police Department in June of 1994, she did not recall telling them that Dewey was present at the time of the murder. She stated that Dewey, in fact, never told her that he was present during the murder, and she further clarified that she was drunk at the time she spoke to the Pueblo Police Officer. 20. Investigator Stogsdill reviewed a typed transcription of an interview conducted by Chief Greg Kuhn with Mr. Samuel Louis Weaver, 951 Inness Ct #7, on July 6, 1994. During the interview, Mr. Weaver stated he had met a male subject at Mad Dogs (Don Mallows) house by the name of Rider, approximately three weeks to a month before the homicide. Mr. Weaver stated he had given a Texaco shirt to Rider on Friday and the shirt was described as being clean and having a Texaco star on it. Mr.

Weaver stated the shirt had come from Gino Clark and that Rider wore the shirt over to Mr. Weavers house two (2) to three (3) times the day before Jacie Taylors body was found. Mr. Weaver was asked about the Texaco shirt. He stated the shirt was clean, new, and freshly ironed. Upon being asked about stains on it, Mr. Weaver said the shirt was clean and brand new. Mr. Weaver also stated that Rider brought a gun over for him to hold and handed him a .45, later indicated as being a Gold Cup which Investigator Stogsdill was familiar with as a model of a Colt .45 caliber semi-automatic handgun. 21. Investigator Stogsdill reviewed a statement in an affidavit filed by Officer Schumacher for the 41.1 on Dewey, where Ms. Dulcie Newland, 939 Inness Ct. #1 reported to Officer Dave Schumacher that she observed Dewey, AKA Rider, wearing a gray Texaco shirt on June 3, 1994 and not having any visible injuries. Ms. Newland also stated on Saturday, June 4, 1994, she again observed Rider, this time he had scratches with dried blood on his face and fresh injuries to one of his arms. 22. Investigator Stogsdill reviewed a report from Chief Rusty Callow of the Palisade Police Department, dated 09/23/94 of an interview with Ms. Dulcie Dee Austin Newland (DOB: 01/11/69). In the report, Ms. Newland told Chief Callow on Friday, June 3, 1994 at approximately 10:00 pm., she was at her apartment located at 939 Inness Ct. #1, Palisade, Colorado with Donald Mallow and Robert Dewey. Ms. Newland noticed that Robert Dewey had scratches on his arm and she gave Robert Dewey a sock to cover his arm. Ms. Newland said after giving the sock to Dewey, she went to bed with Don Mallow and Dewey was going to sleep on her couch. Ms. Newland stated when Don Mallow went to bed, he was nude. Ms. Newland then advised she woke up, after falling asleep, (time unknown) and found that both Don and Dewey were gone from the apartment. Ms. Newland said she had trouble sleeping and got up several more times during the night (times unknown) and each time found that Don Mallow and Dewey were not in her apartment. 23. Ms. Newland told Chief Callow she got up the next morning about 7:00 am and found Don Mallow sleeping on her living room floor and Dewey sleeping on the couch. Ms. Newland said Dewey was wearing jeans and a long sleeved Texaco shirt. Ms. Newland said she noticed that Dewey had scratches on the right side of his face which she was positive that he did not have the previous night and cuts or scrapes on his knuckles. Ms. Newland stated Don Mallow and Dewey got up before 8:00 am and went outside to work on a red Pinto that was parked out near her storage shed. Ms. Newland also stated in the interview, she spoke with Cynthia Mallow early Saturday morning (time unknown) and Cynthia Mallow told her that Jacie had been found in a bathtub full of water and that Jacie had been strangled, hit in the back of the head and anally violated. Ms. Newland stated Cynthia Mallow had lived with Jacie Taylor prior to her death. Ms. Newland stated Cynthia had introduced Jacie Taylor to Robert Dewey and her (Cynthia Mallow) brothers, Don and John Mallow. Ms. Newland stated she couldnt recall when the introductions had been made but it was prior to Jacie Taylors death. Ms. Newland also told Chief Callow, Don Mallow was upset Saturday morning because he could not find a ring. Ms. Newland said Rider was also very insistent that he had the scratches on his face Friday afternoon. Ms. Newland said she was positive that his face was not scratched Friday night when she went to bed. 24. Investigator Stogsdill reviewed a transcription of a taped interview conducted by Officer Dave Schumacher on August 24, 1994 with Ms. Midge Palmer. During the interview, Ms. Palmer was asked when she last saw Rider. Ms. Palmer stated it was on Sunday. Upon being asked if it was before or after the murder, Ms. Palmer stated after. Ms. Palmer was asked if there were any injuries to him (Rider) and Ms. Palmer said He had scratches on one side of his face and his throat. Upon being asked what they looked like, Ms. Palmer said They kind of looked like four prong scratches. Officer Schumacher asked what, similar to? Ms. Palmer said Like a cat scratch. Officer Schumacher then

said Or Fingernails? and Ms. Palmer said Yeah, fingernails basically. Ms. Palmer was then asked if she had seen those scratches prior to Saturday and Ms. Palmer said No, no. Later, Ms. Palmer indicated the scratches were still pinkish red. Ms. Palmer also said Yeah, in fact, he had scratches on one side and on the other side of his face, he had a scratch on the side of the face along with his neck on the same side. Upon being asked, Ms. Palmer said It would be the left. Officer Schumacher then said Youre pointing to his left. Ms. Palmer said Okay, his left, there was scratches on the cheek and the neck, but on the right there was only scratches on the right cheek. (The presence of scratches on Robert Deweys face were not noted by Palisade Police Chief Greg Kuhn during his interview of Dewey on June 6, 1994). 25. Investigator Stogsdill also reviewed a transcription of a taped interview with Mr. Michael Palmer, 939 Inness Ct. #4. This interview was done by Officer Dave Schumacher with the Palisade Police Department on August 27, 1994. During the interview, Mr. Palmer stated on Saturday, June 4th , he gave a ride to a male subject, later identified as Rider to the store. Mr. Palmer said the subject was standing outside the apartment building and he asked if he needed a ride to the store. Mr. Palmer stated as they were driving up Inness Ct., the male subject made the statement about a girl that died up the street there and she had been strangled. Upon being asked how she was strangled, Mr. Palmer said he was told with a dog chain. Mr. Palmer stated later he went by the apartment again and saw officers putting up yellow barrier tape around the apartment. Mr. Palmer was asked if he observed any injuries to the subject and Mr. Palmer stated just scratches and that he had what Mr. Palmer thought was a cast but it might have been an Ace bandage on one of his arms, but didnt remember which arm. Later, Mr. Palmer said the bandage was from the elbow to the wrist. Officer Schumacher asked Mr. Palmer about some scratches and Mr. Palmer talked about a couple on his (male subjects) wrist, right on his hands and later identified an area by the wrist of the subject. Officer Schumacher asked Mr. Palmer asked if the injuries appeared to be fresh or old. Mr. Palmer said No, they didnt have scabs. It just looked like he just fell or something, just got scratched but they werent scabbed over or anything like that. Upon being asked if they looked fresh, Mr. Palmer said It was red. Officer Schumacher showed Mr. Palmer a photograph taken of Mr. Robert Dwain Dewey, AKA: Rider. Mr. Palmer identified the individual in the photograph as the person he gave a ride from 939 Inness Ct. to the store on June 4, 1994. 26. On April 5, 1995, Investigator Stogsdill was present with D.A. Investigators Bill Booth and Gil Stone with the Mesa County District Attorneys Office when an interview was conducted with Robert Dewey at the Pre-Release Section of the Colorado Department of Corrections, Canon City, Colorado. Also present during the interview was Mr. Pierce, Mr. Deweys counselor. Mr. Dewey was advised of his Miranda rights and waived his right to remain silent and made the following statement: Mr. Dewey said he had met Jacie through Sam (Cynthia Mallow) and had been in the apartment two times. Mr. Dewey stated the first time was when he and a male, whose name he could not remember, had put together a water bed in Jacies bedroom. Mr. Dewey was able to remember that this male drove a red Camaro. The second time was when he went over to Jacies apartment to talk with Sam. Upon asking when he put the water bed together, Mr. Dewey stated on Wednesday night. Upon asking about the second time, Mr. Dewey said he went over to the apartment twice on Friday, June 3, 1994. 27. Mr. Dewey was asked about the clothing he was wearing. Mr. Dewey stated blue jeans, boots and a shirt. Upon asking Mr. Dewey to describe the shirt, he described it as being a long sleeve work shirt. Mr. Dewey then said he had been wearing the shirt since Thursday, June 2, 1994. Mr. Dewey stated he had received the pants from Sam and the long sleeve work shirt from Mad Dog. Mr. Dewey was asked if the shirt resembled a gasoline station work shirt. Mr. Dewey stated yes. Mr. Dewey further described

the shirt as being a blue to gray/blue in color long sleeve work shirt with vertical fine pinstripes and having a name or other type of symbol on the chest area of the shirt. During the interview, Mr. Dewey said he had rolled up the sleeves on the long sleeve work shirt because the weather had been hot. Investigator Booth asked Mr. Dewey if he had been injured at any time when he had been in Mesa County during May and June of 1994. Mr. Dewey stated no. When asked if he had ever worn a sock on his arm to cover any injuries, Mr. Dewey stated he did and went on to say that Mad Dogs wife gave him a piece of a sock to cover his right arm. Mr. Dewey went on to explain that he had been high on speed and had picked his arm with his own fingernails, causing it to bleed. Mr. Dewey then stated he had previously lied to the Police when he had stated the injuries to his arm were caused by acid from an exploding car battery. Investigator Booth asked Mr. Dewey if any of his hairs or fingerprints could have been found in Jacies apartment. Mr. Dewey stated he cut and trimmed his goatee, mustache and sideburns in Jacies bathroom. He also stated he had used the toilet and had touched the toilet seat. He also stated he had washed his hands and possibly his fingerprints may have been found on the sink. When asked why he had shaved off his beard, Mr. Dewey said he did this because he knew the Police were looking for him. Mr. Dewey was asked if he had ever spent the night at Jacies apartment. Mr. Dewey said no. Mr. Dewey was asked if he had ever slept or had sex on the couch and he again stated no. During the interview, Mr. Dewey was asked about the items turned in to the police by Don Mallow (Mad Dog) and was asked if they were his. Mr. Dewey stated yes, a pair of pants, shirt, wallet and the gun which had been listed on his discovery. Mr. Dewey was asked by Investigator Booth if the shirt listed was the work shirt and Mr. Dewey said yes. Mr. Dewey also described his wallet as being black with a chain. Mr. Dewey then stated he had sold the gun to Mad Dog and that Mad Dog still owed him fifty ($50) dollars for it. Upon being asked if this was the gun involved in his case, Mr. Dewey stated yes. 28. An arrest warrant affidavit was completed and District Court Judge Charles Buss issued an arrest warrant for Robert Dewey on April 12, 1995. Mr. Dewey was arrested and charged with first degree murder and sexual assault. Mr. Dewey maintained his innocence and his case went to trial in September 1996. The prosecutors assigned to the case were Assistant District Attorney Martha Kent and Deputy District Attorney Rich Tuttle. Mr. Dewey was represented by Attorneys Steven Laiche and Randy Brown. 29. On October 16, 1996, following a five-week jury trial, Robert Dewey was convicted of felony murder and sexual assault. He was sentenced to life in prison and is currently an inmate at the Colorado Department of Corrections in Limon, Colorado. 30. On Thursday, January 5, 2012 I attended a meeting at the Mesa County District Attorneys Office with Assistant District Attorney RichTuttle regarding the Jacie Taylor homicide. Also present at the meeting were Sergeant Henry Stoffel from the Mesa County Sheriffs Office and Agent Brooks Bennett from the Colorado Bureau of Investigation. Mr. Tuttle informed us that the Colorado Attorney Generals office opened an investigation into this case as part of the postconviction Colorado Justice Review Project, a DNA Testing Assistance Grant awarded to the Colorado Attorney Generals Office by the National Institute of Justice. The purpose of the Justice Review Project is to review cases of inmates currently incarcerated on murder, manslaughter and sexual assault convictions to identify where postconviction DNA testing could possibly exonerate an innocent inmate. As part of the project, the Colorado Department of Corrections provided the Colorado Attorney Generals Office with a list of inmates who are currently incarcerated in Colorado for murder, manslaughter, and sexual assault. Criteria for inclusion in the project included that the inmate (defendant) maintained their innocence throughout their case, did not plead guilty to an offense associated with the case, and the inmate did not raise an affirmative defense during the trial. Only cases in which the identity of the perpetrator was an issue and biological evidence was available for DNA testing were considered. Robert Deweys case

was one of the cases that met the criteria for the Justice Review Project. Mr. Tuttle reported that the Colorado Attorney Generals efforts were led by Julie Selsburg, a Senior Assistant Attorney General and the Justice Review Project Coordinator. She was assisted in the investigation by a Criminal Investigator for the Attorney Generals Office, Mr. Larry Adkisson. Beginning in early 2011, Mr. Tuttle began working with Ms. Selsburg regarding her review of the conviction of Robert Dewey. 31. In addition to the Colorado Attorney Generals interest in the case, Mr. Tuttle explained that Robert Dewey had been represented for over 10 years by a Denver-based attorney, Danyel Joffe. Ms. Joffe was described by Mr. Tuttle as a staunch believer in Deweys innocence, someone who had spent a considerable amount of her own time and resources in her quest to exonerate Dewey. According to Mr. Tuttle, Ms. Joffe was supported in these efforts by the New York Innocence Project, a litigation and policy organization dedicated to exonerating wrongfully convicted individuals through DNA testing. With the financial support of the Innocence Project, Ms. Joffe coordinated the retesting of the extracted sample of the Texaco shirt that had been retained by the lab the defense had used at the time of trial. This time, however, the testing would be done with better, more discriminating DNA technology, technology which was not available in 1995 at the time of the original testing. In a January 27, 2011 report issued by the testing laboratory, Forensic Analytical Sciences, Inc., the Texaco shirt extract revealed only a partial single-source male DNA profile. Mr. Dewey could not be excluded as the donor to the DNA obtained from the Texaco shirt cutting. The report further stated that the probability of selecting an unrelated individual at random with the profile obtained from this sample is approximately 1 in 700 million African Americans, 1 in 36 million Caucasians and 1 in 1.7 billion Hispanics. The new testing of the shirt extract did not show the presence of the victim Jacie Taylors DNA. This exclusion of Taylor on the shirt was later confirmed in 2011 and 2012 by forensic testing performed by the Colorado Bureau of Investigation (CBI). 32. Mr. Tuttle advised that early in their review of the Dewey case, AG Attorney Selsburg and Investigator Adkisson traveled to Grand Junction and reviewed thousands of pages of reports and witness statements. In conjunction with the Justice Project work, on or about April 15, 2011, Mr. Tuttle submitted the following items to the CBI forensic laboratory for forensic analysis, including possible DNA analysis: the victim Jacie Taylors fingernail scrapings, the dog leash used to strangle the victim, the semen and blood stained blanket found in the victims apartment, Deweys Texaco shirt, and the known blood standards of both Dewey and Taylor. Subsequently, on or about October 17, 2011, Mr. Tuttle submitted additional items to CBI for forensic analysis: the victims vaginal and anal swabs; the pieces of soap found in the victims vagina, and the victims shirt. In the late summer of 2011, Ms. Selsburg presented the Dewey case to the Colorado Justice Review Project Panel. The panel consisting of the Deputy Attorney General for the Criminal Justice Section of the Attorney Generals Office, the Denver District Attorney, the Director of the Colorado Bureau of Investigation, the Director of the Denver Police Department Laboratory, the Director of the Alternate Defense counsel and the Chief Trial Deputy of the Colorado Public Defenders Office, approved the case for expedited forensic testing thru the CBI forensic laboratory. The Justice Review Project Grant provided funds for expedited testing. As a practical matter, this meant that DNA testing that normally would take months to years to complete, would occur at a much faster pace. i.e.,the testing would occur within weeks to months. 33. CBI agent and forensic scientist Yvonne Woods processed the submitted evidence items for serology and DNA profiles in the fall of 2011. In a December 20, 2011 report, Ms. Woods reported that the male DNA profile on the blanket did not match Robert Dewey. The male DNA profile, however, matched a profile from the Combined DNA Index System (CODIS). CODIS is a computer software program that operates local, state, and national databases of DNA profiles from convicted offenders, unsolved crime

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scene evidence, and missing persons. Such a match is known in law enforcement circles as a CODIS hit. The matched profile belongs to Douglas Thames (DOB: 09/23/72). Testing on the other submitted items, including the victims fingernail clippings, the leash used to strangle the victim, and the pieces of soap also indicated that Thames was a potential donor. For a more specific statistical analysis of the DNA profiles, Agent Woods stated that a known standard of Thames DNA profile, additional to his profile in CODIS, needed to be submitted in accordance with CBIs protocol for CODIS hits. Once, the Justice Review Project received the results from Agent Woods, as per grant protocol, the case returned to the Mesa County District Attorneys Office for investigation. 34. Also in her report of 12/20/11, Agent Woods stated that the YSTR DNA profiles developed from swabs from the hook end and handle end of the leash indicated the presence of mixtures. The report states The major components of these mixtures match the YSTR DNA profile developed from the sperm and non-sperm fractions of the semen stain from the blanket (Item 9.2.1) and do not match the YSTR profiles developed from DEWEY (Item 80.1), DONALD MALLOW (Item 99.1), JON KENT MALLOW (Item 137.1), and CLARK (Item 80.1). DEWEY (Item 80.1) and all of his paternal male relatives cannot be excluded as a minor component of these mixtures. Utilizing a published YSTR DNA population database, this partial YSTR profile has been observed as follows : 245 in 4114 Caucasians (93.3% excluded), 29 in 1932 African Americans (97.9% excluded) and 45 in 1601 Hispanics (96.3% excluded) at the DYS456, DYS3891, Y GATA H4 and DYS438 loci. Agent Woods later told me that Robert Dewey is excluded as a contributor to the leash mixture with autosomal DNA. She stated the minor component of the YSTR mixture matched Dewey at 4 loci. 35. As background, Douglas Thames was not contacted nor identified as a suspect or a witness in the original 1994 to 1996 investigation. In the 1990s, law enforcement had identified over 120 lay witnesses who had either been directly interviewed or who had been identified as potential witnesses. The name Douglas Thames, however, was unknown to investigators until Agent Woods December 20, 2011 report. 36. Preliminary information on Thames revealed that he is currently serving a life sentence at the Colorado Department of Corrections for the 1989 murder of Susan Doll in Fort Collins, Colorado. He is presently housed in a prison in Kit Carson County, Colorado. Ms. Doll was a 39 yoa single woman who was sexually assaulted, strangled, and killed in her own home. Douglas Thames was not identified as a suspect in the death of Susan Doll until 1995. Mr. Tuttle advised that the District Attorneys Office initial investigation indicated that Douglas Thames lived in Palisade on Inness Court around the time of the Jacie Taylor homicide in 1994. Based on this information, the District Attorneys Office and the Mesa County Sheriffs Office re-opened the investigation, with the assistance of the Colorado Bureau of Investigation. 37. On January 5, 2012, the District Attorneys Office and the Mesa County Sheriffs Department assembled an investigative team to further investigate Thames association with the crime, as well as his association or lack of association with the victim, and Robert Dewey. The investigative team included the undersigned as the lead investigator, Assistant DA Rich Tuttle, DA paralegal Danielle Bridges, MCSO Sgt. Henry Stoffel, CBI Agent Brooks Bennett, Palisade Police Department (PPD) Chief Carroll Quarles, as well as other investigators from the MCSO and PPD. The group focused on interviewing witnesses from the original investigation in the 1990s, as well as the identification and interviewing of current and former associates of Douglas Thames. The team members met weekly in an effort to continually reassess and update each other as to the progress of the investigation.

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38. In order to proceed forward with the investigation without leaking information prematurely regarding the CODIS hit, Assistant District Attorney Tuttle reached an agreement with defense attorney Joffe for the information to be provided only to Joffe with a provision that she not provide the information to anyone, including her client, for a period of 60 days. This agreement was approved by Judge Brian Flynn in a Protective Order issued on February 9, 2012. With the consent of Joffe, the Protective Order was extended for an additional two weeks on or about April 10, 2012. 39. On January 9, 2012 Agent Bennett met with Julie Selsberg and Larry Adkisson of the Justice Review Project. They provided Agent Bennett with project background information and the process by which the Jacie Taylor homicide was reviewed. Agent Brooks was provided with a 03/25/11 memorandum by Investigator Adkisson that outlines a meeting with Robert Dewey at the Limon Correctional Facility where Mr. Dewey was confined. Investigator Adkissons memo states that he and Senior Assistant Attorney General Julie Selsberg met with Mr. Dewey as a result of the State of Colorado-DNA Project inquiry into Mr. Deweys case out of Mesa County. According to Investigator Adkissons report, Mr. Dewey provided them with the following information concerning his time in Palisade: - Mr. Dewey said he was in Palisade approximately one week. During his time in Palisade, he used speed and worked for Don Mallow. -Mr. Dewey said that he had done speed two or three times by the time he came to Colorado in 1994. Mr. Dewey said he was not a heavy user of speed. -Sam Mallow was staying with three other girls in an apartment. -Mr. Dewey only met Jon Mallow once and that was when Jon and Don were having a knife fight behind a bar. -On Tuesday or Wednesday, Mr. Dewey helped put together a water bed at Taylors apartment. The water bed had been on Taylors porch. -While in Palisade, Sam used and sold speed. -On Thursday (June 2nd), Mr. Dewey stayed at a motel in Grand Junction. Don had rented the room because he and Dulcie had been fighting. Don and Dulcie made up and Don offered the room to Mr. Dewey for the night. Mr. Dewey said the motel was across the street from the V.A. Hospital. Mr. Dewey said that while at the motel, he purchased a gram of speed from Sam for $80. Mr. Dewey provided the following information concerning Friday (June 3rd): -On June 3rd, Mr. Dewey, along with other people, went to Ms. Taylors apartment. (Mr. Dewey thought this was around 2 p.m.) Mr. Dewey had gotten a ride with Wendy to Palisade. -There were a lot of people at the apartment and when Mr. Dewey entered the apartment, Ms. Taylor and Sam Mallow were coming down the stairs of the apartment and yelling at each other about a ring. (Mr. Dewey said that Sam would give a ring to a female to show that Samwas having a relationship with that female. -Mr. Dewey described the interaction between Ms. Taylor and Sam Mallow as being heated. Ms. Taylor and Sam went into the kitchen and continued their heated discussion, where they were throwing things and yelling. -Mr. Dewey said that when Sam told him that she did not have any speed, Mr. Dewey left Ms. Taylors apartment and went back to Don Mallows residence. He stated he had been at Ms. Taylors apartment only a short time. -At approximately 8 p.m., Mr. Dewey went to Ms. Taylors apartment to see if Sam had any speed.

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-When Mr. Dewey got to Ms. Taylors apartment, the only person there was Sam. Sam told Mr. Dewey that she was waiting for a person from Parachute, who was to provide Sam with some speed. -Mr. Dewey was at Ms. Taylors apartment a short period of time and left, going back to Don Mallows residence. -Mr. Dewey recalls Sam telling Mr. Dewey that Ms. Taylor was doing laundry. -Mr. Dewey said he never left Don Mallows residence the remainder of the night. -At approximately 10:30-11:00 p.m., Sam Mallow called Don Mallows residence. Mr. Dewey answered the telephone and Sam asked Mr. Dewey if he had seen the person Sam had been waiting for. Mr. Dewey said he didnt know who that person was. Sam told Mr. Dewey that she was in Clifton. -After the telephone conversation with Sam, Mr. Dewey went back to bed and slept until around 8:00-8:30 a.m. the next day. -Mr. Dewey said that he did not leave the Mallow residence after receiving the telephone call from Sam. Mr. Dewey said he doesnt know why Dulcie said she did not see him when she was up in the middle of the night. (Mr. Dewey said Dulcie was mad at Mr. Dewey because Mr. Dewey told Dulcie the reason her baby wasnt sleeping was because Dulcie was breastfeeding the baby while taking speed.) Mr. Dewey provided the following information concerning what occurred on Saturday (June 4th): -The police had come over to Don Mallows residence attempting to locate Sam. -Mr. Dewey was concerned that the police were looking for him concerning the stolen gun out of Grand Junction, so he hid in the bedroom. -Sam came over to Dons house and told everyone that Ms. Taylor had been raped and strangled with a dog collar. Sam stayed at Dons residence a little bit and then left. -Mr. Dewey described everyone as being stunned, kind of in shock, and paranoid. Mr. Dewey provided the following information concerning what occurred on Sunday (June 5th): -Mr. Dewey went with Don Mallow to get some gas. While at the gas station, a police confronted Mr. Dewey. Mr. Dewey thought the police were looking for him concerning the stolen gun. -Don drove Mr. Dewey to the police station, where Mr. Dewey was interviewed for approximately two hours. Mr. Dewey said the interview was recorded on a microcassette recorder (he referred to the recorder using little tapes.) and that the tapes were lost. -Mr. Dewey does not recall who actually interviewed him, but that there was only one interview. -During the interview, Mr. Dewey was asked where he had been 48 hours earlier. Mr. Dewey said he was not asked any questions about the gun incident. -Mr. Dewey said he lied about his true identity because he thought the police were looking at him reference the stolen gun. Mr. Dewey said he gave the name of Mike Powell. -While at the police station, Mr. Dewey saw a wanted flyer on the desk, which was a picture of him with a long goatee. Mr. Dewey turned the photograph over. (Mr. Dewey also told us that prior to being contacted by the police he had shaved off his goatee. He did not recall if he shaved the goatee off at the Mallow residence, or at Ms. Taylors residence. He said the reason the goatee was shaved off was because he didnt want the police to recognize him in reference to the stolen gun incident. -During the interview, Mr. Dewey was asked if he wore a Texaco shirt. Mr. Dewey told investigators that he did.

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-After the police interview, Mr. Dewey went back to the Mallow residence. When he found that no one was there, he went to a residence in Clifton. -Mr. Dewey said the reason he left the Mallow residence was because he feared that the police would be coming after him in reference to the gun incident. -In an area somewhere between Clifton and Grand Junction, Mr. Dewey saw his wife pull up into a parking lot. He left with her and went to Pueblo, where he was arrested a few weeks later on the gun charge. Mr. Dewey provided the following information concerning the Texaco shirt: -Sam Weaver provided the Texaco shirt to Mr. Dewey. Mr. Dewey did not receive the shirt from Geno Clark. -Sam Weaver traded the Texaco shirt for some speed. -Mr. Dewey needed a long-sleeved shirt because he had been scratching his arms until they bled. He showed us how he blotted the inside right forearm with the cuff of the left sleeve. -Mr. Dewey said he wore the Texaco shirt on Thursday, but wasnt wearing it on Friday or Saturday. Mr. Dewey told Investigator Adkisson and Julie Salsberg several times throughout the interview that he was not involved in the homicide of Ms. Taylor. When asked a hypothetical question as to what he would have done if he had been asked to help cover up the homicide, Mr. Dewey said he would not have gone. Mr. Dewey did not have any ideas as to who could have committed the homicide and recommended that they talk to his attorneys and Judge Karen Ashby. When asked why he isnt more upset about being in prison for a homicide he didnt commit, Mr. Dewey said that being upset would not help him deal with being in prison and that he dealt with the situation by going to my happy place, riding his motorcycle into a beautiful sunset. He stated he chose the easy way to live in prison. Mr. Dewey provided the following additional information: -While in Palisade, Mr. Dewey knew that Ms. Taylors apartment was under surveillance and that the police had followed Mr. Dewey to the motel. He also said that the police stopped Todd after he left the motel. -On Friday (June 3rd), the Mallows introduced Mr. Dewey to a woman who ran an escort service. -Mr. Dewey had a blue leash for his pit bull. -Mr. Dewey said he had a fresh pack of cigarettes from Friday so he didnt need to go to the store on Saturday, but that he went to the store on Sunday with Dons upstairs neighbor. -Mr. Dewey said there was no crime tape up at the Taylor residence at 6 a.m. on Saturday. -Subsequent to the trial, Mr. Dewey learned that the jury foreperson knew one of the witnesses (Mike Palmer). (Mr. Palmer was the neighbor who gave Mr. Dewey a ride to the store.) -A few weeks after being in Pueblo, Mr. Deweys wife was ranting and raving and the police showed up. Mr. Dewey was subsequently arrested on the gun incident. -When Mr. Dewey was in pre-release in reference to the gun incident, he was picked up by officers reference the Palisade case. -Mr. Clark and Bustos were bragging about the homicide to a resident in the same apartment complex that Ms. Taylor resided in. Mr. Dewey did not know the residents name, but said he was a young male with a wife and child. Mr. Dewey said there was some talk about a video of the homicide and that it was like a snuff film. Mr. Dewey does not know anything else about the video. -Mr. Dewey does not recall hearing or seeing any police reports or discovery paperwork that

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implicated Mr. Dewey in the homicide of Ms. Taylor. 40. On 02/08/12 I spoke to Dulcie Johnson, formerly Dulcie Newland (DOB: 01/11/69) about the Jacie Taylor homicide. Ms. Johnson confirmed she never met Jacie Taylor and was only at her apartment one time and that was the day before her body was found. Dulcie, Donald Mallow (Mad Dog), Dulcies infant daughter Destiny, and Sam (Cynthia Mallow) were also there that day. When she viewed a mug shot photo of Douglas Thames, she said he looked kind of familiar but couldnt say that she knew him. She indicated the name Doug or Douglas might be familiar but that she didnt go out much and was isolated from people, unless they came to her residence. 41. We discussed Rider (Robert Dewey)spending the night at her house on Friday (06/03/94). Ms. Johnson didnt remember how many times she got up that night, but one time for sure she got up and both Don and Rider were gone. She wasnt sure when she last used meth but thought they were coming down that Friday night (06/03/94). When she woke up and found Mad Dog and Rider gone, she was upset because she thought they were out buying meth. We discussed her contact with Rider on the day before Jacies murder and the day after. Dulcie recalled that he had scratches on his neck when she saw him on the Saturday that Jacies body was discovered. I asked how certain she was that he didnt have those scratches the day before Jacie was murdered. Dulcie replied Im not. She added that she didnt remember seeing the scratches the day before. 42. Dulcie remembered that when she saw that Mad Dog and Rider were gone that Friday night, she just knew they were at Jacies apartment. She wasnt sure why she believed that, but remembered being angry and jealous because she thought Don was interested in Jacie. She described getting up and seeing that Rider wasnt there and I asked if he could have been in another part of the house. She said No, I dont think so. She didnt know how long Rider was gone and didnt see him again until the next morning, which was Saturday, 06/04/94. 43. As part of the investigation into Douglas Thames, by researching the Spillman computer database at the Mesa County Sheriffs Office, I discovered that Douglas Thames was contacted several times by Mesa County Deputies between October 1990 and August 1995, when he was arrested in Mesa County for the 1989 murder of Susan Doll in Fort Collins, Colorado. 44. On 07/23/94 Douglas Thames was interviewed by Deputy Craig Tyer regarding an assault that Thames witnessed. At the time of this interview, Thames provided an address of 870 Inness Court, #3, in Palisade, Colorado. This address is the opposite side of the street and only two to three buildings away from Jacie Taylors apartment at 855 Inness Court, #2. (Note: since the time of the homicide in 1994, the street name of Inness Court has been relabeled as Iowa). . As part of that investigation, MCSO Investigator Roger Armstrong also interviewed Becky Golden (DOB: 02/13/76), the live-in girlfriend of Douglas Thames. Golden provided the same address as Douglas Thames . 45. Investigator Robin Martin researched the Mesa County Assessor website and identified the property owner at 970 Inness Court between 1991 and 2001 as Roger Malan. She located a civil eviction case (94C3617) where Mr. Malan was listed as the plaintiff and Douglas Thames the defendant. According to the case notes, Douglas Thames was physically present at 870 Inness Ct #3 and evicted on 09/22/94 by Deputies M. Lasley and L. Weber. Investigator Martin spoke to Mr. Malan who confirmed he was the property owner of 870 Inness Court in 1994 and he vaguely remembered evicting Douglas Thames.

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46. On 01/27/12, Sergeant Henry Stoffel interviewed Rebecca Golden (DOB: 02/13/76) who confirmed that she and Douglas Thames lived at 870 Inness Court in June of 1994. At the time of this interview, Ms. Golden assumed she was being questioned regarding the 1989 Fort Collins homicide that Thames was convicted of in 1996. Sgt Stoffel asked Golden who she and Thames associated with while they were living together. Golden said they typically associated with Ryan Lohrer (DOB: 06/18/1976), Beau Lohrer (DOB: 09/18/1973), Kim (Arnold) Deaner (DOB: 07/03/1974), Shawn Deaner (DOB: unk), Amber Hodgman (DOB: 06/14/1976), John Joseph (DOB: 12/11/1975), Darcy Whittee (unk spelling or DOB), Shannon Church (DOB: 07/10/1977), Mike Romine (DOB: 02/06/1973) and Charles Walrath (DOB: 04/10/1971). 47. Sgt Stoffel showed Golden three pictures. The pictures were one of Jacie Taylor, one of Jacie Taylor and Sheila Harris, and one of Jacie Taylor and Brandy Bledsoe. Golden said she did not know Harris or Bledsoe but identified the pictures of Taylor as being Jacie Taylor. Golden said she and Taylor went to high school together at Palisade High School. Golden volunteered that Douglas Thames did not know Taylor. Golden then said that she remembered Taylor because she had been murdered on Innes Court while she and Thames were living on Innes Court. Golden told Sgt Stoffel that she did not know Taylor was living in the apartment on Innes Court until she learned of her homicide. She stated that neither she nor Thames associated with Taylor. 48. In order to obtain a known current DNA standard, I completed an affidavit for production of nontestimonial evidence to obtain buccal swabs from Douglas Thames. Judge Brian Flynn signed the Order for Non-Testimonial Identification on 02/23/12. The plan was to interview in succession Robert Dewey and Douglas Thames; Dewey would be interviewed in person at the Limon Correctional Facility in Limon, Colorado, where he was housed and then we would interview Thames at the Kit Carson Correctional Facility, in Burlington, Colorado, where he was housed. At the conclusion of the Thames interview, we planned to execute the Order for Non-Testimonial Identification. 49. On 02/28/12 Robert Dewey was interviewed at the Limon Correctional Facility in the presence of his attorney, Danyel Jaffe. The interview was conducted by Agent Brooks Bennett. Assistant DA Rich Tuttle and I were also present. Regarding the week of the homicide in 1994, Mr. Dewey stated he spent time at Jacie Taylors apartment because Sam (Cynthia Mallow) was staying there. He indicated that Sam was his connection for methamphetamine. He confirmed that he met Sam while he was staying with Don Mallow on Inness Court. While he was staying with Don Mallow on Inness Court, Mr. Dewey stole a gun from the people who failed to pay him for working on a motor. He went to Palisade to stay with Don because he assumed the police were looking for him after he stole the gun. Mr. Dewey stated his fears were confirmed when he saw a photograph of him on a flyer in the cop shop when he was interviewed. He turned the photograph over and said he lied during that interview because of the issue with the stolen gun. 50. Mr. Dewey was shown several photographs, including one of Douglas Thames. He did not recognize Thames and told us he might have heard the last name Thames before. He added that he hears lots of names in prison and might have heard the name in a prison unit. 51. Mr. Dewey was asked about going to the store with Mike Palmer. He replied Thats the one that lied. Agent Bennett indicated he had read a report where Mr. Dewey had stated the ride with Palmer was on Sunday, not Saturday, and asked how he knew that. Mr. Dewey said he had just purchased a pack of cigarettes on Friday night and didnt need more cigarettes on Saturday morning. He also stated

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there was crime scene tape up and a white Bronco police car in front of Taylors apartment at 6:30 a.m. on Sunday. 52. Mr. Dewey told us when he took the ride with Palmer, he stated he told Palmer, you dont want to go up that way cause thats where that chick got killed. Mr. Dewey stated Palmer wanted to smoke a joint so Dewey told him thats where that chick got killed, there are cops up there. He said Palmer drove that way anyway even though there was crime scene tape up and a police car parked in the gravel drive of Taylors apartment building. Mr. Dewey told us he had spoken to Mike Palmer before and had smoked marijuana with him in the days Mr. Dewey had been staying in the apartment building. According to Mr. Dewey, he and Palmer had smoked a couple of joints, stating Palmer was the one who possessed the marijuana. Mr. Dewey said one of the reasons he asked Palmer for a ride was that he expected Palmer to light a joint on the trip, which was why he warned Palmer about the police car parked up the road. 53. I asked Mr. Dewey about the reported scratches seen on his face. He said the only marks he had on his face were pick marks associated with his methamphetamine use. He also reminded us that the officer who interviewed him did not see any scratches on his face. He denied leaving the Mallow residence that night and stated he slept all night and doesnt even remember getting up to use the restroom. 54. On 02/29/12 at about 0900 hours, CBI Agent Brooks Bennett and I interviewed Douglas Thames at the Kit Carson Correctional Center in Burlington, Colorado. During introductions, I advised Thames we were working with the Attorney Generals Office and the Justice Review project and asked if he would be willing to speak with us. Mr. Thames agreed and was advised of his Miranda rights, which he waived. During this interview Thames confirmed that he lived on Inness Court in 1994 with his fianc, Becky Golden. He was shown a number of photos, including several of Jacie Taylor, to determine if he recognized anyone. Thames stated he did not. He was also shown a map of the area that included his address (870 Inness Court) and Jacie Taylors address (855 Inness Court). He denied ever being inside 855 Inness Court. 55. I showed him a crime scene photograph of Jacie Taylors body in the bathtub at 855 Inness Court . I told him his DNA was found at the crime scene and asked if he had an explanation. He said no, I dont know why my DNA would be in that apartment. I asked if he knew the young lady in the photo, and that her name was Jacie Taylor. Thames said no. He added that Becky knew her because Becky told him that she went to school with Jacie Taylor. I asked if he remembered Becky telling him about the murder across the street and Thames said yes. 56. Agent Bennett told Thames we were past the question of if he was in that apartment and were now at the question of why. Thames replied I was never in that apartment. Agent Bennett told him there was physical evidence on her and Thames said he didnt know why. Thames repeatedly stated he didnt know why his DNA was there because he didnt know Jacie and was never in her apartment. I told him his DNA was found under her fingernails. Thames replied I dont know why that would be. Agent Bennett repeated that we knew he was in the apartment but wanted to find out if Jacie was a former girlfriend. Thames said No, I never even knew her, I never met her. Thames described going to a party with Becky Golden the night before seeing the crime scene tape across the street. He said they got home between 0300 and 0400 in the morning. Thames said he went to bed and didnt leave the apartment. Thames said they had a dog on Inness Court but he never took it for walks. He said they

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never had a leash for the dog, but used a chain. Thames could not explain why his DNA was on the dog leash in Jacie Taylors apartment. 57. After the interview was concluded, I obtained buccal swabs from Thames and provided him with a copy of the court order. Those swabs were later booked into evidence at the Mesa County Sheriffs Office. 58. Beginning in mid-January, 2012, and continuing into April, 2012, a number of subjects and witnesses identified during the original investigation were re-interviewed to determine if they knew or associated with Douglas Thames. Among those interviewed was Sam Weaver, Gene Clark, Cynthia Mallow, Jon Mallow, Mike and Margaret Palmer, Dulcie Johnson (formerly Dulcie Newland), Sheila Harris, and Brandy Bledsoe. Several indicated he looked familiar but none admitted knowing Douglas Thames. 59. On 3/23/12 Agent Brooks Bennett interviewed Michael Palmer concerning his prior statements about Robert Dewey. He described coming down the stairs and said Dewey was standing at the bottom of the stairs. He told Agent Bennett That is the very first day, the first time I ever met that man. He described Dewey asking for a cigarette and he offered to give Dewey a ride with him to the store. Mr. Palmer admitted that Dewey smoked a joint as they were driving to the store. Later he stated he didnt remember smoking a joint with Dewey. Concerning his court testimony Palmer stated The lawyer asked me, he goes is it true you went around the block and smoked a joint with him? I said no. I didnt smoke the joint with him. Because I didnt smoke it with him. I didnt lie, they asked me did he smoke one. Palmer described seeing his parents sitting there (in court) and answering no about smoking a joint with Dewey. Later he added that he probably honestly probably didnt. 60. During this interview, Palmer told Agent Bennett that he was almost certain it was Sunday morning (06/05/94) and not Saturday morning when he drove Robert Dewey to the store. Palmer said he was working for B&B Excavating and usually worked Saturdays at that time. He would get home from work Saturday night and leave Sunday night or early Monday morning to return to work. Later he stated he had thought about it and added I honestly think it was Sunday. 61. On 04/02/12 I interviewed Beau Lohrer (DOB: 09/18/73) at the Mesa County Sheriffs Office. He was identified by Rebecca Golden as a friend of Doug Thames and someone with whom they associated.. Beau confirmed he lived at 856 Inness Court with his wife Kimberly. He thought Becky (Golden) and Doug Thames lived at 862 Inness Court. Beau said he didnt know Jacie Taylor. I showed him several mug shot photos, including Robert Dewey, and Beau indicated he didnt recognize anyone. The only persons house Beau remembered visiting on Inness Court was Dougs (Thames) and Beckys (Golden), who were friends. His wife Kim went to school with Becky. Beau said he got into a lot of trouble with Doug and some other guys for theft. Beau said he was sent to live with his Uncle in New Mexico in 1989 and 1990 and has stayed out of trouble since then. 62. Beau thought Doug Thames and Becky only lived on Inness Court for a couple of months, but wasnt sure. Beau didnt know who else Doug and Becky socialized with other than Kim and him, his brother Ryan, and a couple of his friends who were in high school. Beau said he was never into using drugs and didnt smoke pot. He didnt know if Doug and Becky smoked pot. He didnt know if Doug or Becky spent any time around Jacie Taylor, or if they knew her. He didnt recall hearing them talk about Jacie. 63. He described Doug Thames as always standing up for the little guy and a tough, tough boy. He never saw Doug looking for a fight or being violent. Beau described asking Kim to drive Doug to

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Cedaredge to look at a vehicle and said he would never have put her in harms way if he thought Doug was violent. I asked if Doug was violent or belligerent when he was intoxicated. Beau said no. He pointed out he didnt see Doug every day, but he never saw Doug acting as the aggressor and if he had seen him acting that way, he wouldnt have been around him. Beau thought he saw Doug at least a couple times a week when they lived on Inness Court. Beau didnt remember talking to Doug or Becky about the Jacie Taylor murder. 64. Beau said he and Doug remained friends after they were arrested for the thefts and Doug was best man at his wedding. Beau repeated that he got himself straightened out and told Doug they would be friends because theyd known each other a long time, but Beau wasnt going to be involved in anything that would get him into trouble again. He described Doug as always happy go lucky and said he hasnt seen Becky Golden in years. I asked if he remembered Doug talking excessively about things of a sexual nature or anything that struck him as odd. Beau replied All I know is for some reason he was good with the ladies. He said Doug never had trouble getting a girlfriend for the night. Beau rarely saw Doug when he wasnt around some girls but never took him for what they made him out to be. 65. On 04/02/12 I interviewed Kim Lohrer (DOB: 10/19/74) at the Mesa County Sheriffs Office after I had spoken to her husband Beau. I showed her mug shot photos of Robert Dewey, Don Mallow, Sheila Harris, and Gene Clark and asked if she recognized any of them from the time they lived on Inness Court. Kim thought she remembered Gene Clark as someone who lived behind them on Inness Court but didnt know his name. She didnt recognize anyone from the other photos. Kim said she knew Jacie Taylor from school and spoke to her when they lived on Inness Court. I asked how often she spoke to Jacie Taylor when they lived on Inness Court. Kim said she would see Jacie and wave to her. I asked if she talked to Jacie when they lived on Inness Court. Kim said they had some friends who lived on Inness Court, Doug and Becky Golden, and Becky was friends with Jacie. Kim added that she would sometimes see Jacie and Becky together and she would say hi to them. 66. I asked where she saw Becky and Jacie together. Kim said she saw them driving around Palisade and at their house. She confirmed this was during the time they lived on Inness Court and said Doug and Becky didnt live there very long. She added, Doug Thames was his name. I asked if she ever saw Doug around Jacie. Kim described being at Doug and Beckys apartment when Jacie showed up briefly with some other girls. Kim wasnt sure who was with Jacie but thought it might have been Kelie Greco and Monica Tafoya. Kim confirmed that Jacie and her friends were at Becky and Dougs for a short time and then left and did their own thing. Kim thought Jacie was with three or four other girls that night, but wasnt sure. I asked if she was sure about seeing Jacie Taylor and Becky Golden hanging out together. Kim replied Sometimes, not all the time. She saw them in the car together and saw Becky at Jacies residence. I asked when she last talked to Becky. Kim said it was when Doug went to prison. I asked if she knew of any other times that Jacie was at Becky and Dougs apartment. Kim said no, and that she and Beau were only there three or four times. I told her Beau mentioned that they used to party in the desert and asked if Jacie ever went to those parties. Kim said yes, several times. I asked if Jacie and Doug would have been at these parties at the same time. Kim said Yeah, I want to say yeah. I asked if she knew that for sure. Kim said I want to say yeah because that was the place to gothats where we wentIm pretty sure she was out there. 67. Referring to the night Jacie showed up at Doug and Beckys apartment, Kim remembered that she had a bad sunburn and Beau went home to get something for her. Becky went to the store while Kim and Doug stayed at the apartment. She said All of a sudden, everybody was there I asked who she was referring to and Kim said it was Monica, Jacie, Becky and a couple other people but she couldnt

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remember who they were. Kim repeated that she knew Jacie showed up at Beckys that night. Kim thought this was on a Friday or Saturday night. I told Kim she was the first person we had interviewed that put Doug and Jacie together in the same place. I pointed out that although we knew they lived near each other, we had no indication the two of them had ever crossed paths. Kim said Im sure they did because her and Becky were friends. 68. On 04/02/12 I interviewed Monica Coonis (DOB: 09/16/75) at her residence. Monicas last name in 1994 was Tafoya and she was a friend of Jacie Taylor. Monica went to school with Jacie from the time they were in 7th grade. Monica saw Jacie three or four times while she was living on Inness Court in Palisade. The last time she saw Jacie was a week before she died. Monica said she and Jacie had separated but reconnected a couple of months before Jacies death. I asked what kind of things she did with Jacie. Monica said they drank beer, did a little bit of drugs, and hung out together with their boyfriends. I asked who Jacies boyfriend was. Monica said she had a couple of different boyfriends and didnt know which one was her boyfriend at the time. She added There were guys in and out of the place. Monica didnt know if she and Jacie actually ever did meth together. 69. Monica said she had been at Jacies apartment a couple of times and they went out together a couple times. I asked if she remembered going to any of the other apartments on Inness Court with Jacie. Monica said she had friends that lived all up and down Inness Court but she didnt remember going to any of them with Jacie. When I asked if she knew Becky Golden, Monica said Absolutely, and that Becky was a friend. I asked if Becky and Jacie were friends. She said all of them went to school together and were friends but Becky hung out with a different circle of friends. Monica added that she and Becky were friends and she didnt know of any problems between Becky and Jacie. I asked if she was ever around when Becky and Jacie were together. Monica said Only in school. Not outside school. Monica didnt remember ever being in Beckys apartment. I told her about my interview with Kim Lohrer and Kims statement that Jacie showed up at Beckys apartment one night, possibly with Monica and Kelie Greco. Monica said I absolutely do not remember that and Kelie and Jacie never really hung out together. She added that Jacie was really more her (Monicas) friend. Monica repeated that Becky was her friend but didnt remember seeing Becky while hanging out with Jacie. 70. Monica said she met Beckys boyfriend, Doug, but didnt remember Jacie and Doug being in the same place. I asked why Kim would remember her showing up at Beckys house with Jacie. Monica said she didnt know. Monica confirmed that she didnt know how often Becky and Jacie saw each other. Monica told me she was 99 percent sure that she, Jacie, and Kelie never hung out together. I asked who she did hang out with. Monica mentioned Amber Ballou, who lived on Inness Court, and Andrea Williams. She said Andrea was a friend of Jacies and Amber was a good friend of Beckys. She confirmed that Ambers last name is now Hodgman. 71. Monica said she didnt remember being at Beckys house but confirmed she knew Doug. I asked where she would have met Doug. She said it could have been at one of the desert parties. I asked if she remembered Jacie being at those desert parties or keggers and Monica said yes. She didnt remember specifically if she ever saw Jacie and Doug at the same party. Referring back to Kim Lohrers statement, I asked if it was possible that she and Jacie went to Beckys together and she didnt remember it. Monica said Absolutely. 72. On 04/04/12 I interviewed Kelie Greco (DOB: 07/25/76) at the Mesa County Sheriffs Office. I asked if she and Jacie Taylor were close friends. Kelie said no, but they were both part of a group of people who did things together. I asked who else was part of that group. Kelie said it was Becky

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Golden, Monica Tafoya, Jenny Arnold, Andy Bracken, and a girl by the name of Summer. She didnt remember Summers last name but said she still sees her around. Kelie confirmed that she went to school with this group and they hung out together during the time Jacie lived on Inness Court. 73. I asked what kind of things she did with this group. Kelie said it was mostly going to each others houses and just hanging out . On the weekends they would hang out on North Avenue and talk. They played pool and went to parties in the desert. I asked if she was ever in Jacies apartment on Inness Court. Kellie said she had been in a couple apartments on Inness Court but had trouble remembering which ones they were. I asked if she had been to Beckys apartment. Kelie said I know I have been, its kind of the same thing, I cant picture exactly which one it was. Kelie said she was good friends with Becky and that Becky and Doug went to prom with Kelie and Jason Simpson. Kelie confirmed that Doug and Becky lived together in an apartment on Inness Court. She knew she had been in their apartment, but not exactly when. I asked if she was in Doug and Beckys apartment when Jacie lived on Inness Court. Kelie said yes. She didnt specifically remember being there with Jacie but pointed out Jacie lived right across the street. 74. Kelie did not remember being inside Jacies apartment but said there was one time when they went to Jacies apartment to meet up. Kelie was standing outside and thought she saw the living room, but didnt remember going in. I asked if she meant they were meeting at Jacies to go somewhere together. Kelie said yes. I asked who else was there. After thinking for a few seconds, Kelie said For sure I know it was Becky and Doug. She also thought it was Jason Simpson and Jason Groves. Kelie said a couple people went inside to get Jacie while the others waited outside by the sidewalk and gravel area. Kim later said she thought either Amber or Becky went inside to get Jacie. I asked if she could remember about how long this was before Jacie was killed. Kelie said It was within a week. Kelie didnt recall where they went that night. Later I asked how sure she was that Doug and Becky were at Jacies apartment. Kelie said Im pretty certain. 75. I asked how many times this group of people, that included Becky and Jacie, went out together during the time Jacie lived on Inness Court. Kelie said probably 3-5 times. I asked if Doug always went and she said no, not always. She added that he would usually end up with them. Other than the time she had described when all of them were waiting for Jacie outside her apartment, Kelie couldnt specifically think of another time that Doug, Becky, and Jacie were together. Kelie indicated she has had limited contact with the people we had been discussing. She speaks to Becky every few months and Monica less than that. It has been 3 or 4 months since she talked to Becky. I asked if she remembered any other time that she saw Doug and Jacie together in the same place. Kelie remembered both of them being at a small party in the desert on 29 Road. She thought this was a few weeks before the other incident she described. She said Jason Groves was also there, but couldnt remember anyone else. I told Kelie that I had interviewed Kim Lohrer who described Jacie stopping by Becky and Dougs apartment for a short time, and that Kelie might have been with her. Kelie said she did remember that and thought Monica was with them. 76. On 04/09/12 Investigator Robin Martin interviewed Amber Hodgman (DOB: 06/14/76). Ms. Hodgman stated she was best friends with Becky Golden in school. She stated when Becky started dating Doug there were issues. She stated for some reason Doug did not like her which put a strain on the friendship with Becky. She stated eventually they stopped talking. She stated it was not until the last several years when they started talking again. She stated they were still not talking in 1999 when she got married as Becky did not come to her wedding. Ms. Hodgman said Becky's personality changed when she was dating Doug, which was part of their problem. She thought Becky had gotten into drugs back

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then. Ms. Hodgman stated when that friendship cooled off, she started hanging out with another group of people. She believes now that the activities of the people around at that time indicated they were using drugs. Ms. Hodgman stated she knew Jacie (Taylor) and Brandy (Bledsoe) from school and they were the "stoner girls. She stated her friends (Becky, Shannon Church, Kelie Greco) and Jacies friends didnt intermix much. She knew Jacie and Brandy lived close by as she and Sean Sommerville were living at 885 Inness Court, the apartment complex owned by her mother. 77. Ms. Hodgman told Investigator Martin that she has spoken to Becky Golden about this case and that the guy in prison may get out. Investigator Martin asked who she hung out with around the time Jacie was killed. She stated she heard about it from Jake Hamm who was good friends with Sean. Jake had come over "all white faced" and told them he had found Jacie. Ms. Hodgman said she hung out with people at the desert parties more than anything. She stated this group included Sean, Charles "Boomer" Walrath, Darcy Witte (Brizzolara), Kelie Greco, Shannon Church, Ryan Lohrer, Kim Lohrer, Beau Lohrer, Paul Trujillo, Jack Frost, "Kayo"(she did not know his real name), Bill Umberger, Peter Clyde, Jason Groves, Bubba Groves, Ed and David Heath. 78. Investigator Martin asked if Becky talked about this case with her. Ms. Hodgman said she did, somewhat, and that we were looking at Doug. She stated Becky was acting odd about Doug and she didnt understand why, pointing out it happened 18 years ago. She stated after Becky talked to one of the Investigators, she had come to Ms. Hodgmans house. She described Becky as being upset and told Ms. Hodgman she needed to call the Sheriffs Office because she remembered Doug not being home. Becky told Ms. Hodgman that an Investigator asked whether she knew if Doug was in her bed every night. Becky told her there was one night she found him gone and she smashed all his trophies because she was mad. According to Ms. Hodgman, Becky had told her It was probably the night he was across the street killing our friend. Investigator Martin asked if she ever saw Jacie and Doug around each other. She stated not that she remembered. Ms. Hodgman stated she lived on the same street as Doug and Becky but the Lohrers hung out with Doug and Becky. 79. On 03/09/12, I, along with Assistant DA Rich Tuttle, Sgt Henry Stoffel, Agent Brooks Bennett, and others associated with the investigative team, met with CBI Laboratory Agent Yvonne Woods at the Mesa County Sheriffs Office to review the evidence and determine which items would be sent to CBI for additional DNA analysis. Among the items selected and then sent to CBI on 03/12/12: Buccal swabs from Douglas Thames Aqua color underwear and purple color underwear collected from the crime scene Silver color ring w/2 hearts (found on Jacie Taylors body) Debris from the upper left arm of Jacie Taylor Gray Texaco shirt (worn by Robert Dewey) Three tee shirts (received by Officer Schumacher from Don Mallow) Serology packet containing previous CBI work product, including blood from the pizza boxes collected from the crime scene. 80. On April 6, 2012 I received a CBI Laboratory Report from Agent Yvonne Woods regarding the items referred to in paragraph 58. The following is taken verbatim from that report: The DNA profiles developed from the cutting of the panty crotch (Item 7A.1), the cutting of the upper front of the panties (Item 7B.1) and the blood from the pizza box (Items 13A.1 and 13B.1) match the DNA profile developed from TAYLOR (Item 40A.1). To a reasonable degree of scientific certainty and in

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the absence of an identical sibling, TAYLOR is the source of the DNA profiles developed from these items. The DNA profile previously developed from the sperm fraction of the cutting of semen from the blanket (Item 9.2.1) indicates a mixture. The major component of this mixture matches the DNA profile developed from THAMES (Item 803.1). To a reasonable degree of scientific certainty and in the absence of an identical sibling, THAMES is the source of the major component of the DNA profile developed from this item. The minor component of this mixture is not interpretable. The DNA profile previously developed from the swabs from the hook end of the leash (Item 39.1) indicates a mixture. TAYLOR (Item 40A.1) and THAMES (Item 803.1) cannot be excluded as potential contributors to this mixture. The probability of selecting an unrelated individual at random who cannot be excluded as one of the possible contributors of DNA to this mixture at the D3S1358, D13S317, D2S1338, D19S1338, D19S433, vWA, D5S818 and FGA loci is approximately 1 in 13,000. The DNA profile previously developed from the swabs from the handle end of the leash (Item 39.2) indicates a mixture. The major component of this mixture matches the DNA profile developed from TAYOR (Item 40A.1). The probability of selecting an unrelated individual at random from the population having a profile matching at the Amelogenin, D8S1179, D21S11, CSF1PO, D3S1358, TH01, D19S433, vWA, TPOX and D5S818 loci is approximately 1 in 87 billion Caucasians, 1 in 4.8 trillion African Americans and 1 in 400 billion Southwestern Hispanics. THAMES (Item 803.1) cannot be excluded as a minor component of this mixture. The probability of selecting an unrelated individual at random who cannot be excluded as one of the possible contributors of DNA to this mixture at the D8A1179, D3S1358, TH01, D13S317, D2S1338, vWA and D5S818 loci is approximately 1 in 18,000. The DNA profile developed from the cutting of blood from the t-shirt (Item 65-1.1) matches the DNA profile developed from D. Mallow (Item 99.1). DNA profiles could not be developed from the swabs from the ring (Item 804.1) and from the debris from the upper left arm of TAYLOR (Item 805.1). The DNA profiles developed for this report do not qualify for entry into the CODIS DNA database. Male specific (YSTR) DNA analysis was conducted on Items 1.1, 7A.1, 7B.1, 803.1, 804.1 and 805.1 at the YFiler loci. The YSTR profiles previously developed from the sperm and non-sperm fractions of the semen stain from the blanket (Item 9.2.1) match the YSTR profile developed from THAMES (Item 803.1). Therefore, THAMES and all of his paternal male relatives are not excluded as potential donors to these samples. Utilizing a published YSTR DNA population database, this YSTR profile has been observed as follows: 0 in 4114 Caucasians (99.9 percent excluded), 0 in 1932 African Americans (99.8 percent excluded) and 0 in 1601 Hispanics (99.8 percent excluded). The partial YSTR profile previously developed from swabs from the soap (Item 38.1) matches the YSTR profile developed from THAMES (Item 803.1). Therefore, THAMES and all of his paternal male relatives are not excluded as potential donors to this sample. Utilizing a published YSTR DNA population database, this partial YSTR profile has been observed as follows: 3 in 4114 Caucasians (99.8 percent excluded), 0 in 1932 African Americans (99.8 percent excluded) and 0 in 1601 Hispanics (99.8 percent

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excluded) at the DYS456, DYS3891, DYS458, DYS393, DYS391, DYS635, Y GATA H4, DYS437, DYS438 and DYS448 loci. The YSTR profiles previously developed from the swabs from the hook end and from the handle of the leash (Items 39.1 and 39.2) indicate mixtures. The major components of these mixtures match the YSTR profile developed from THAMES. Therefore, THAMES and all of his paternal male relatives are not excluded as potential donors to the major components of these samples. Utilizing a published YSTR DNA, population database, this YSTR profile has been observed as follows: 0 in 4114 Caucasians (99.9 percent excluded), 0 in 1932 African Americans (99.8 percent excluded) and 0 in 1601 Hispanics (99.8 percent excluded). The contributor of the YSTR profile developed from the crotch of the purple panties (Item 7A.1) is not excluded as a contributor to the minor component of these mixed profiles. The partial YSTR profile previously developed from the fingernail clippings from the right hand of TAYLOR (Item 45.1) matches the YSTR profile developed from THAMES (Item 803.1). Therefore, THAMES and all of his paternal male relatives are not excluded as potential donors to this sample. Utilizing a published YSTR DNA population database, this partial YSTR profile has been observed as follows: 81 in 4114 Caucasians (97.5 percent excluded) at the DYS456, DYS3891, DYS393 and DYS391 loci. YSTR profiles could not be developed from the swabs from the inner waistband of the panties (Item 1.1), the cutting from the upper front of the panties (Item 7B.1), the swabs from the ring (Item 804.1) or from the debris from the upper left arm of TAYLOR (Item 805.1). 81. During a phone conversation with Agent Woods on 04/09/12 I asked about Judith Floyds findings in 1995 concerning the two blood stains examined and tested on the Texaco shirt, one of which she indicated was a mixture of the victims blood and Mr. Deweys blood. Agent Woods indicated she could not comment on those findings and has not been trained in the DQ-Alpha, Polymarker analysis used by Judith Floyd in 1995. [The CBI currently performs STR analysis using the Identifiler Plus (autosomal) and/or YFiler (male specific) amplification kits. In addition none of the originally collected stains remain for additional testing with these current technologies]. Agent Woods said the current DNA technology, including YSTR which looks at the male chromosome, has only been around for forensic DNA testing for about the last 10-12 years. The CBI has used autosomal STR technology since 2000 and YSTR technology since 2006. 82. Regarding the semen stain from the blanket (collected from the crime scene) Agent Woods stated that, to a reasonable degree of scientific certainty, Douglas Thames is the source of the semen stain on the blanket using autosomal analysis. She stated the YSTR profile from the semen stain matches him, and that Thames and his paternal relatives are not excluded as potential contributors. 83. Regarding the DNA profiles developed from the hook and handle ends of the leash, which was used to strangle the victim, Agent Woods stated Douglas Thames is not excluded as a contributor to the autosomal mixtures on the collections from the leash. The major components of the YSTR mixture profiles developed from the leash collections match Thames, so Thames and his paternal relatives are not excluded as potential contributors.

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84. Agent Woods used YSTR (male specific) analysis only on the soap and the victims fingernail clippings because of the high amount of female DNA on these items. She stated that partial single source YSTR profiles from the soap and the fingernail clippings match Thames, therefore Thames and his paternal relatives are not excluded as potential contributors.

BASED ON THE PRECEDING, there is probable cause to believe that between June 3, 1994 and June 4, 1994 in the County of Mesa and State of Colorado, Douglas Thames (DOB: 09/23/72) committed the crime of Murder in the First Degree (After Deliberation), in violation of C.R.S. 18-3-102(1)(a), a class 1 felony, Murder in the First Degree (Felony Murder), in violation of C.R.S. 18-3-102(1)(b), a class 1 felony, and Sexual Assault in the First Degree, in violation of C.R.S. 18-3-402(1)(a), (3)(b), a class 2 felony. It is therefore respectfully requested that a warrant be issued for the arrest of said defendant.

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Investigator Jim Hebenstreit Mesa County Sheriffs Office

The foregoing Attachment was subscribed and sworn to or affirmed before me on this ____ day of April, 2012 by Investigator Jim Hebenstreit __________________________ Notary Public My commission expires ________________________________.

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