VIRGINIA: IN THE CIRCUIT COURT OF BEDFORD COUNTY COMMONWEALTH OF VIRGINIA, Case No. CR1500018900-01 ) ) ) ) ) ) LLOYD LEE WELCH ) Defendant ) NOTICE OF INTENT TO OFFER EVIDENCE OF UNADJUDICATED CRIMINAL CONDUCT PURSUANT TO §19.2- 264.3:2 OF THE CODE OF VIRGINIA COMES NOW THE COMMONWEALTH and, pursuant to §19.2- 264,3:2 of the Code of Virginia, informs and notifies the defendant of its in- tent to offer into evidence testimony regarding certain unadjudicated crimi- nal conduct alleged to have been committed by the defendant at the sentenc- i 3 a =| |} der. 5e* oT a2 é ‘The Commonwealth intends to offer evidence about fourteen specific 3 E unadjudicated acts of criminal behavior, to wit: 27 r 3 d 1973 Incident: The Commonwealth intends to call Judith Ann 3 3 McKaig, who upon information and belief will testify that in 1973, the de- W. WESLEY NANCE\W. WESLEY NANCE fendant did sexually assault her in Washington D.C. She was 15 years old at the time. Q 1974-1975 Incident: The Commonwealth intends to call Danny |] Welch, who upon information and belief, shared a father with the defendant, but different mothers. In approximately, 1974, the defendant raped Helen Craver in front of Danny Welch in Hyattsville, Maryland. Mr. Danny Welch will also testify that the defendant forced Helen Craver to prostitute herself while the two were hitchhiking. Qy August 30, 1974 Incident: The Commonwealth intends 10 cal Georgianne Dreher, who upon information and belief will testify that on or about August 30, 1974, met the defendant in St. Cloud, Minnesota, and at- | tempted to force the victim to take off her shirt at knifepoint before she broke free and fled. (0) Spring; 1975 Incident: The Commonwealth intends to call Valerie Stutman Portney, who upon information and belief will testify that in, ap- proximately the spring of 1975, she got into the defendant’s motor vehicle near Wheaton Plaza with her friend Janice Firestone. Sensing danger, she attempted to exit the vehicle, however the door handles were inoperative and she was forced to roll down the windows to escape and avoid abduction.W. WESLEY NANCE (8) Spring, 1975 Incident: ‘The Commonwealth intends to call Janice Firestone Grillo, who upon information and belief will testify that in, ap- proximately the spring of 1975, she got into the defendant’s motor vehicle near Wheaton Plaza with her friend Valerie Stutman Portney. Sensing dan- ger, she attempted to exit the vehicle however the door handles were inoper- ative and she too was forced to roll down the windows to escape and avoid abduction. (QFebrasry-Apet, 1978 Inckdent The Commonwealth intends to call Lisa Marie McConaty-Folk, who upon information and belief will testify || that when she was 12 years old, while at Wheaton Plaza Mall with her fami- ly, the defendant approached her outside of a record store. The defendant told her that he was an undercover police officer and that he just observed her brother steal a transistor radio from the record store. The defendant told her that she needed to come with him towards the parking lot to discuss the issue and that he wasn’t looking to get anyone in trouble. Ms. Folks, ap- proximately 12 years old at the time, told the defendant that she needed to get her mom. The defendant responded that it wasn’t necessary and that they could work things out between the two of them. Ms. Folks then called out for her brothers, who came running. She patted down her brother to check for stolen items, only to turn and find that the defendant had vanished.\W. WESLEY NANCE April 14, 1975 Incident: The Commonwealth intends to call Rose- mary Kim, who upon information and belief will testify that on or about April. 14, 1975, she was raped at knifepoint in Takoma Park, Maryland by the defendant. The defendant indicated to the victim that it was important to him to assault an inexperienced girl. 8 1974-1976 Incident(s): The Commonwealth intends to call Louise Craver Guard, who upon information and belief will testify that throughout 1974-1976 her sister, Helen Craver was in a romantic relationship with the defendant where she was regularly the victim of physical and mental abuse by the defendant, in and around Montgomery County, Maryland. The cou- ple also traveled to Bedford, Virginia, Myrtle Beach, South Carolina, Phoe- nix, Arizona, Florida, South Dakota and Texas and many other states in the country. ( a) 1975 Incident: The Commonwealth intends to call Deborah Gordon, who upon information and belief, was employed at the Orange Bowl at the Wheaton Plaza in Wheaton, Maryland, when the defendant approached her at the mall pretending to be a security guard and attempted to assault her. Spring, 1985 Incident: The Commonwealth intends to call Charlene Jones, who upon information and belief will testify that in the Spring of 1985, the defendant was physically abusive to her in Phoenix, Arizona.W. WESLEY NANCE ‘The defendant and Ms. Jones then moved to Landis, North Carolina and rented a trailer in a trailer park. While living in the trailer park, the de- fendant started a relationship with a 15 year old female who also lived in the trailer park. Ms. Jones witnessed the defendant and the young girl having sexual intercourse. Out of anger and in response to her finding out, the de- fendant physically beat Ms. Jones. The defendant and the young girl were then caught breaking and entering into the United Methodist Church of Lan- dis. The pastor of the church refused to press charges. During the time the defendant was involved with the young female, he also got Ms. Jones pregnant with his child. In a fit of rage, the defendant || kicked Ms. Jones in the stomach, sending her into premature labor. Ms. || Jones delivered the child, but the defendant made threats that he was going to find her, kill her and take her baby from her. eR) June-September, 1992 Incident: The Commonwealth intends to call | s8inifer Vanderford, who upon information and belief will testify that while she was a minor, she was molested on a number of occasions during 1992 by the defendant while he was living with her mother, Melinda Welch. The of- fenses took place in Union County and Myrtle Beach, South Carolina, The witness's testimony will exclude incidents previously adjudicated in the state of South Carolina. Upon information and belief, Ms. Vanderford will alsoW. WESLEY NANCE testify that around the same time, the defendant was physically abusive to her and slapped her so hard on one occasion in 1993, that it made her teeth cuther gums, The bruise and swelling were too severe for the gitl to go to school. % June-September, 1992 Incident: The Commonwealth intends to call Melinda Welch, the mother of Jennifer Vanderford, who upon information and belief will testify that the defendant physically abused her in approxi- mately June-September of 1992. S July, 1997 Incident: The Commonwealth intends to call Triana Bar- J | clay, who upon information and belief will testify that she was sexually mo- lested on a number of occasions during 1996 and the summer of 1997 by the defendant, when she was 10 years old. This witness will testify to repeated sexual assaults by the defendant in the Commonwealth of Virginia in 1996. During that period, Barclay was a juvenile residing with the Defendant. None of the sexual assaults occurring within the Commonwealth of Virginia were adjudicated. Ms. Barclay will also testify to similar sexual assaults by the Defend ant that continued after moving to the state of Delaware in 1997. The wit- || ness's testimony will exclude incidents previously adjudicated in the state of Delaware from 1997.W. WESLEY NANCE 2 July, 1997 Incident: The Commonwealth intends to call Diana Smith, mother of Triana Barclay, who upon information and belief will testi- fy that she allowed the defendant to live with her and her two children in 1996 and 1997 while they were dating. Ms. Smith will testify that the de- || fendant walked around naked in front of the two young children and that her daughter, Triana had been allowed to watch a pornographic film while in the custody of the defendant. Ms. Smith will testify that the defendant admitted to getting “tuned on” by her daughter when the young girl would walk around without clothes on. Ms. Smith, will testify that the defendant threat- || ened to “drag Triana through the mud? if she harmed his prospects of receiv- ing a favorable plea agreement. Ms. Smith will also testify that she was physically abused by the defendant. The witness's testimony will exclude incidents previously adjudicated in the state of Delaware from 1997. pial 1997 Incident: The Commonwealth intends to call Detective Nivofe Hyden of New Castle, Delaware, the investigator who spoke to the || defendant regarding the sexual abuse of Triana Barclay. Detective Nicole Hyden will testify upon information and belief that the defendant admitted, “OK, I touched her last night but what the hell would you do if someone sat on your lap and started rubbing you and stuff?” The defendant went on to confess placing his mouth on her breasts, placing his finger in her vaginaW. WESLEY NANCE and rubbing his penis around her vagina while in “the heat of things” and that the young girl tumed him on. He admitted to similar incidents on 3-4 occasions during the week prior to the interview that took place on July 18, 1997. The witness's testimony will exclude incidents previously adjudicated in the state of Delaware from 1997. Bedford County, Virginia VSB# 40371 CERTIFICATE OF SERVICEI hereby certify that copies of the foregoing Notice and Certificate were provided to Anthony Anderson, attorney for the defendant, via U.S. Mail Anderson & Friedman, 1102 2nd St SW, Roanoke, VA 24016 this o day of February, 2017. rénwealth’s Attomey Bedford County, Virginia VSB# 40371 \W. WESLEY NANCE,z SJ W. WESLEY NANCE VIRGINIA: IN THE CIRCUIT COURT OF BEDFORD COUNTY COMMONWEALTH OF VIRGINIA LLOYD LEE WELCH ) v. ) Case No. CR1500018900-01 ») ) ) Defendant ) NOTICE OF INTENT TO OFFER EXPERT TESTIMONY IN EVIDENCE PURSUANT TO §19.2-264.3:4 OF ‘THE CODE OF VIRGINIA COMES NOW THE COMMONWEALTH and, pursuant to §19.2- 264.3:4 of the Code of Virginia, informs and notifies the defendant of its intent to offer into evidence in its case-in-chief the testimony of certain expert witnesses: 1.) The expert witness is Charles Clifford Boyd, Jr., who is current- ly employed as an Gthropooxist vita Radford University’s Fo- rensic Science Instituta: Boyd has been employed in the anthro- pology field for over 30 years. Boyd has conducted hundreds of analyses with regards to anthropology and has previously testified as an expert in this field on at least 40 occasions in courts of competent jurisdiction. A copy of Boyd's curriculum vitae is at- tached to this notice with his contact information,W, WESLEY NANCE Upon information and belief, Boyd will testify that with regards to this case, he was asked to examine items recovered from a graveyard or cemetery on Taylor's Mountain, Bedford, Virginia and assisted the supervision of multiple dig operations on the aforementioned property. Boyd will testify that he assisted in overseeing the dig and that he evaluated items that appeared to be bone fragments as well as res- idue that reflected discarded burned material or ashes. The loca- tion of the burned material and ashes are evidence of a historical burn site on the property. Such a burn site is consistent with the testimony of citizen witnesses and statements made by the de- fendant to law enforcement. The Commonwealth notes that it has previously provided the de- fendant with copies of all profiles, reports, probability calcula- tions, statements and/or certificates recording or outlining the re- sults of the three separate excavations referred to above. 2.) The expert witness is Donna Catherine (Markland) Boyd, who is currently employed as an Eminent Professor of Anthropologi- cal Sciences at the Radford University Forensic Science Institute. Boyd is an examiner with the Firearms and Toolmark Identifica-|W. WESLEY NANCE tion section of DFS. Boyd has been employed in this capacity for over 20 years. Boyd has been employed in the anthropology field for over 30 years. Boyd has conducted hundreds of analyses with regards to anthropology and has previously testified as an expert in this field on at least 40 occasions in courts of competent juris- diction. A copy of Boyd's curriculum vitae is attached to this no- tice with her contact information. Upon information and belief, Boyd will testify that, with regards to this case, she was asked to examine items recovered from a graveyard or cemetery on Taylor's Mountain, Bedford, Virginia and assisted in the supervision of multiple dig operations on the aforementioned property. Boyd will testify that she assisted in overseeing the dig and that she evaluated items that appeared to be bone fragments as well as residue that reflected discarded burned material or ashes. ‘The lo- cation of the burned material and ashes are evidence of a histori- cal burn site on the property. Such a bum site is consistent with the testimony of citizen witnesses and statements made by the de- fendant to law enforcement.W. WESLEY NANCE ‘The Commonwealth notes that it has previously provided the de- fendant with copies of all profiles, reports, probability calcula- tions, statements and/or certificates recording or outlining the re- sults of the multiple excavations referred to above. 3.) The expert witness is Jennifer Gombos Breaux, who is currently employed as a seniof forensic scientist/téchnical leader with the Forensic Biology Unit of the Montgomery County Police Crime Laboratory. Breaux has been employed with this Crime Labora- tory since 2007. Breaux has conducted many analyses on physical evidence during criminal investigations for the presence of blood and body fluids. She has further conducted laboratory examina- tion results, written reports, and testified on the results of such DNA testing. Breaux has previously testified as an expert in courts of competent jurisdiction. A copy of Breaux's curriculum vitae is attached to this notice with her contact information. Upon information and belief, Breaux will testify that with regards to this case, she was asked to examine stains that resulted from use of a protein or blood reagent (luminal/bluestar) in the base- ment of a Hyattsville residence that was inhabited by the defend- ant, the defendant’s father, and the defendant’s step-mother.W. WESLEY NANCE Breaux will testify that she examined various swab samples col- lected in the basement and thought to contain blood. Breaux will testify that no DNA profile was received from the samples taken near the oil tanks (3SW-01, 3SW-02), swab near corner of wall (3SW-03) and the swab from the wall near the water heater (3SW-04). Breaux will testify that the swab from the back of the basement room wall (Item 3SW-07) did include human DNA, but that no typing results were obtained. Furthermore, results ran on the collected samples potentially identified it as being blood. The Commonwealth notes that it has previously provided the de- fendant with copies of all profiles, reports, probability calcula- tions, statements and/or certificates recording or outlining the re- sults of the multiple excavations referred to above. 4.) The expert witness is Brian Shannon, who is currently employed as a Forensic Scientist Section Supervisor at the Virginia De- partment of Forensic Science Central Laboratory. Shannon per- forms DNA analysis on nuclear short tandem repeat (STR), DNA mitochondrial DNA (mtDNA) sequence analysis as well as Se- rology (body fluid identification). Shannon has worked in the DNA field since 1996 and testified in courtrooms as an expert on\W. WESLEY NANCE, DNA on 29 different occasions. He has worked with the Virginia Forensic Science Laboratory since 1998. A copy of Boyd's cur- riculum vitae is attached to this notice and he can be reached at (804) 786-4704 or Brian.Shannon@dfs.virginia.gov. Upon information and belief, Shannon will testify that he was asked to examine items three separate items recovered from Lizzy Parker’s former residence on Taylor’s Mountain, Bedford, Vir- ginia, Shannon will testify to attempting to determine whether the items were human bone fragments. The defendant has stated to law enforcement that the remains of at least one Lyon sister was disposed of on the property in question. Shannon will testify that with the exception of one bone sample, all other samples were found not to be human bone fragments. Ttem FBI #8 was examined with inconclusive results as to wheth- er that fragment was a human bone fragment. The Commonwealth notes that it has previously provided the de- fendant with copies of all profiles, reports, probability calcula- tions, statements and/or certificates recording or outlining the re- sults of the multiple excavations referred to above.\W. WESLEY NANCE 5.) The expert witness is David L. McGill, who is currently em- ployed as a program manager and forensic specialist in the Evi- dence Unit of the Montgomery County Police Department. McGill is a system administrator for the Traq Evidence System, examiner of crime scene impressions such as footwear and tire tracks, and forensic specialist. McGill has been with the Police Department since 1999. Boyd has testified and been declared an expert in courts of competent jurisdiction in Montgomery County, Maryland. A copy of McGill's curriculum vitae is attached to this notice with his contact information. Upon information and belief, McGill will testify he assisted in collecting of potential biological evidence from samples of con- crete collected from a basement in which the defendant resided in 1975. The defendant indicated that at least one of the Lyon sis- ters was killed and dismembered in this basement. The witness will further testify that the collection of these samples was done consistent with his previous training and experience. It was done in a way to ensure the least amount of potential contamination. ‘The Commonwealth notes that it has previously provided the de-fendant with copies of all profiles; reports, probability calcula~ tions, statements and/or certificates recording or outlining the re- sults of the multiple excavations referred to above. 6.) The expert witness is Kevin F. May, who is currently employed as a Geographic Information Technology (GIT) Supervisor and Historic Preservation Specialist with the firm of Goodwin & As- sociates located on 241 E. Fourth St, Ste 100, Frederick, MD 21701. May has over twenty years of experience in applying the field of geomatics to cultural resource management. He is certi- fied as a GIS Professional, a Certified Mapping Scientist (CMS- GIS/LIS) and a Certified Remote Sensing Technologist (RST). He uses a wide array of GPS software. May is proficient in the processing and analysis of airborne and space bore imagery, in- cluding multispectral, hyperspectral, lidar and radar data. May conducts architectural surveys and applics GIS and GPS to terres- trial and submerged items. Mr. May has worked in many archi- tectural capacities, including under contract for NASA’s Space Archaeology Program, and as Ohio's Underwater preservation coordinator on Lake Erie. A copy of May's curriculum vitae is attached to this notice and he can be reached at, (800) 340-2724 W. WESLEY NANCEW. WESLEY NANCE | and frederick@regoodwin.com. He hes not previously testified in court as to his findings. ‘Upon information and belief, May will testify that with regards to this case, he has examined GPS maps and satellite photographs from the mid 1970’s and found an unusual anomaly located on Lizzy Parker's Taylor’s Mountain property. This is the same lo- cation that Connie Akers identified a flower garden on. The vis- ual anomaly is likely to be a garden, flower bed or vehicle. The flower garden was an area that a witness has stated was the dis- posal site from ashes from a large fire in 1975. Defendant claims that at least one Lyon sister's remains was destroyed on the prop- erty by way of fire. The Commonwealth notes that it has previously provided the de- fendant with copies of all profiles, reports, probability calcula- tions, statements and/or certificates recording or outlining the re- sults evaluations. 7.) The expert witness is Colby A. Child, Jr., who is currently em- ployed as a Cultural Resources Project Manager Corporate Health and Safety Officer with Goodwin & Associates. He joined Goodwin & Associates in 1988, he has been involved with arche-W. WESLEY NANCE | ological investigations in over 16 states, including Virginia. Spe- cifically, he has worked on cemeteries and burial plots, examin- ing and performing exhumations. He can be reached at, (800) 340-2724 and frederick@rcgoodwin.com. He has not previously testified to his findings in court. A copy of Child's curriculum vi- tae is attached to this notice with his contact information. Upon information and belief, Child will testify that with regards to this case, he was asked to examine a cemetery on Taylor’s Mountain in Bedford, Virginia on the property that formerly be- longed to Lizzy Parker, Child will testify that many of the grave- stones are at least 100 years old but that a few burial plots have been added within the last few decades. ‘The Commonwealth notes that it has previously provided the de- fendant with copies of all profiles, reports, probability calcula- tions, statements and/or certificates recording or outlining the re- sults of the forensic firearms testing referred to above. The Commonwealth prays for a reciprocal notice, as envisioned by the Code of Virginia, should the defendant intend to offer the testimony of any expert witness in his or her case-in-chief.VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF BEDFORD COMMONWEALTH OF VIRGINIA) ) ) ve } Case Nos: CR15000189-00 ) CR15000189-01 LLOYD LEE WELCH, JR. ) ) Defendant. a ORDER CAME TODAY, the parties, by counsel, upon the Defendant's Motion to Suppress and/or Exclude Statements of the Defendant; the Defendant’s Motion to Suppress Custodial ‘Statements of the Defendant; the Defendant’s Motion to Sea] Exhibits Related to Motions to ‘Suppress; upon Commonwealth's opposition to each Motion to Suppress; upon the Courts review of Defendant’s statements, in camera,; upon the Stipulation of Fact entered by this Court December 2, 2016; and upon the parties request that the Court issue a writfen opinion. UPON CONSIDERATION THEREOF, the Court hereby ADIUDGES, ORDERS and IDECREES that the letter opinion, including all factual findings, of the Honorable James W. Updike, Jr., Judge of the Circuit Court for the County of Bedford, dated January 62017 and mailed to cach party, is hereby incorporated by reference into this Court Order. In conformity with the opinion of the Court, the Motion to Suppress and/or Exclude Statement of the Defendant is GRANTED as follows: 1. The letter agreement dated October 16, 2013, attached as Exhibit A, to the Motion to Suppress and/or Exclude Statement of the Defendant (the “Immunity Agreement”) isa valid and enforceable contract and the Commonwealth of Virginia is contractually bound by the Immunity Agreement, 2. Additionally, constitutional principles, including but not limited to due process and fundamental faimess, also apply to the Immunity Agreement and to any and all statements made by the Defendant that are subject to its terms and the Commonwealth of Virginia is bound by the Immunity Agreement under these principles as well. ‘The Court TAKES UNDER ADVISEMENT any further rulings concerning the Immunity Agreement until a determination is made after an additional evidentiary hearing. In conformity with the opinion of the Court, the Motion to Suppress Custodial Statements ‘of the Defendant is GRANTED, in part, and DENIED, in part, as follows 1. The Defendant's Motion to Suppress Statements he made on January 28, 2015, after his waiver of his Miranda rights, is DENIED. 2. The Defendant’s Motion to Suppress statements made on May 12, 2015 before the request for counsel on page 82 of the transcript of this interview is DENIED. 3. Defendant's Motion to Suppress statements made on May 12, 2015 after the request for counsel on page 82 of the transcript of his interview is GRANTED. 4, The Defendant’s Motion to Suppress Statements he made on September 29, 2015, after his waiver of his Miranda rights is DENIED. In conformity with the opinion of the Court, the Motion to Seal Exhibits Related to 'Motions to Suppress is GRANTED and the Clerk of Court is directed to SEAL the transcriptsand attached exhibits relating to the motions to suppress until a jury is empancled in the trial of ‘this matter or jeopardy otherwise attaches, or until further order of this Court. Both the Commonwealth of Virginia and the Defendant's exceptions to the Court's ‘rulings are noted for the record. ‘The Clerk is directed to send a certified copy of this Order to counsel of record. This matter is CONTINUED Enter this__ day of January, 2017. Judge