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EVIDENCE NEVER INTENDED TO BE SEEN
(Never Submitted To Jury Or During First Appeal)



  • Officer Mike Turner
  • Ronald Thomas
  • Steven McDaniel
  • Howard Marsh
  • Teresa Summerville
  • Material Evidence
  • Physical Evidence
  • Jerry Porter's Alibi
  • OFFICER MIKE TURNER, TUSCALOOSA POLICE DEPARTMENT:

    Reported in a written police report that "Ronald Thomas identified Jerry Porter (initial suspect) as being the black male he saw in the store the night of the crime'". Click exhibit 30 Turner's Report"

    [Note: Tuscaloosa Police Investigator McFerrin changed Ronald Thomas' positive identification to a less than positive one in a written police report he filed. Investigator McFerrin changed "Ronald Thomas picked Jerry Lee Porter's picture out as being the black male..."; to "as looking like the black male".]
    Click exhibit 30A "McFerrin's Written Report"

    RONALD THOMAS:

    Testified that he never identified Jerry Porter. Not only did the never disclosed file contain Officer Mike Turner's written report stating Mr. Thomas positively identified Porter, a second report shows Mr. Thomas identified Porter in a line-up conducted by Investigator McFerrin! In which Investigator McFerrin again made Mr. Thomas' identification of Porter a tentatively (less than positive) one!
    Click exhibit 31 "Porter's Line-up"

    Mr. Thomas even created a composite drawing of the perpetrator, (that was clean-shaven), which the other witnesses viewed moments before the line-up McWilliams was in, a composite drawing which in no way fit McWilliams actual physical appearance at the time of the crime. Nor does Mr. Thomas' composite drawing resemble McWilliams' (forcefully) clean-shaven appearance in the line-up.
    Click exhibit 2 "Composite Drawing Created By Mr. Thomas"
    Compare To Click exhibit 5
    Click exhibit 6 "Photo's Taken Of McWilliams At Time Of Arrest"
    Compare To Click exhibit 7 "Actual Photo's Of McWilliams In Line-up"

    STEVEN MCDANIEL:

    Testified that he never identified Jerry Porter. The file contained a written police report documenting that Mr. McDaniel did in fact identify Jerry Porter in a photo spread conducted by Investigator McFerrin! The written report indicates that Investigator McFerrin once again changed a positive identification to a "tentatively" (less than positive) one. Click exhibit 32 "McFerrin's Written Report"

    Mr. McDaniel also created a composite drawing of the perpetrator (that was clean-shaven), which the other witnesses viewed moments before the line-up McWilliams was in. Once again, this composite drawing in no way resembles McWilliams' actual physical appearance on the night of the crime. Nor does the composite drawing resemble McWilliams' (forcefully) clean-shaven appearance the witnesses saw during the line-up.
    Click 4 "Composite Drawing Created By McDaniel"
    Click 7 "Actual Photo's Of McWilliams In Line-up"

    HOWARD MARSH:

    Reported to police that the person he saw at Austin's on the night of the crime was approximately 35 years old, 6' 1" tall, 180 Ibs., and had a grayish beard.

    Mr. Marsh traveled from Tuscaloosa to Mobile with police investigator's and the two (2) other witnesses (Thomas and McDaniel) to view a suspect (McWilliams) in a line-up.

    Moments prior to the line-up, Mr. Marsh viewed the composite drawings created by both Mr. Thomas and Mr. McDaniel which depicted a much younger and clean shaven suspect than he had described.

    Mr. Marsh then positively identified 24 year old, 5'7" tall, 137 Ibs., and clean-shaven (Forcefully) McWilliams as the person he saw at Austin's on the night of the crime!

    A the trial, Mr. Marsh explained that at the time of his initial description to police, "I did not have a clear mental image then" as to how he was able to positively identify a person that in no way resembled the person he described.

    The file revealed that Mr. Marsh wrote the prosecutor (The exact day McWilliams was sentenced to death) asking about the $10,000.00 REWARD!

    [Note: A Reward of $10,000.00 was offered for the arrest and conviction of the person responsible for this crime. It is also important to note that Mr. Thomas and McDaniel qualify for all or a portion on this Reward once McWilliams is executed!

    It is equally important to note that Mr. Thomas and Mr. McDaniel picked Jerry Porter out as being the perpetrator prior to McWilliams' line-up. When a witness picks one person out of a line-up as being the perpetrator and is then called in to view another suspect, the witness concludes that their first identification must have been of the wrong person. No witness wishes to be thought of as possibly identifying the wrong person. Once McWilliams was put on trail, these witnesses were not about to admit they may have made a mistake and that possibly their first identification of Porter was correct, when the prosecutor and police investigator's were telling them McWilliams was the true perpetrator.]

    ADDITIONAL EVIDENCE FROM THE FILES That Support THE THEORY THAT JERRY PORTER IS THE MURDERER AND NOT JAMES

    TERESA SUMMERVILLE:

    A cashier at Austin's reported to Investigator Field's that Jerry Porter had been in the store on three or four occasions in the past two weeks.
    Click exhibit 33 "Summerville's Statement"

    Ms. Summerville also reported to Investigator Doug Turner (other investigator's are listed as being present) that Jerry Porter had stolen items front the store with his girlfriend, Ms. Summerville knew the girlfriend, had attended school with her and decided to not call the police regarding that theft. She waited until after work to approach the girlfriend about the thief. Ms. Summerville was an employee of Austin's for approximately one and a half months.

    [Note: Jerry Porter, in a statement to police claimed he had not been in the store when Ms. Summerville was working or within the past six (6) months.]

    MATERIAL EVIDENCE:

    Ms Reynolds was known to collect unique coins at the store. Police searched Jerry Porter's room and reportedly found unique coins!
    Click exhibit 34 "Search Of Patricia Weston's Apartment"

    Investigator's also searched the bedroom of Regina McMillian, where Jerry Porter was also known to live. Items taken in that search were one white long sleeve shirt, one white short sleeve shirt and one brown coat.
    Click exhibit 35 Search Of Regina McMillian's Bedroom"

    [Note: Teresa Harris, one of Jerry Porter's girlfriends, stated to police in a taped statement that Jerry Porter left her apartment on the night of the crime wearing tan khaki pants, and a white shirt.  Witnesses describe a suspect wearing tan khaki pants, white shirt and a brown coat! The police refuse to release any of this evidence!]

    PHYSICAL EVIDENCE:

    Alabama Department of Forensic Science' written report indicate that Ms. Reynolds was discovered to have blood, tissue and fibers underneath her fingernails, which suggest she was in a struggle with her murderer.
    Click exhibit 36

    Click exhibit 37 "ADPS File Records" The "Never Intended to Be Seen" files contain two (2) photographs of Jerry Porter with a series of fingernail scratch marks on his arms. These photographs were taken two days after the murder by Tuscaloosa investigator's!
    Click 38,
    Click 39 "Photo's Of Jerry Porter"

    The Alabama Department of Forensic Science file states:
    "Examination of the scrapings taken from both hands reveals some blood, some vegetable material, some fibers. However, since no material is submitted for comparative purposes, no further examination of this material is done at this time".

    [Note: McWilliams did not have any scratch marks or injuries on him when he was arrested two (2) days after this crime. The DNA on this evidence would in fact prove McWilliams' innocence. McWilliams has repeatedly requested DNA testing on this evidence to prove his innocence!]

    FINGERPRINTS:

    Forty-two latent fingerprints were found at the crime scene. None of these fingerprints matched McWilliams! There is no evidence that any of these fingerprints were ever tested against the known fingerprints of Jerry Porter.

    The files give evidence of a series of never disclosed fingerprints removed from the interior of Ms. Reynolds car that was last driven by her murderer.

    A special process known as "super glue fuming" was used to obtain these fingerprints and the file indicates these fingerprints were in the possession of the prosecutor the entire time. There is no evidence that these fingerprints were ever tested against the known fingerprints of Jerry Porter!

    [Note: McWilliams has repeatedly requested to have these latent fingerprints examined to prove his innocence!]

    OTHER WITNESSES:

    Two other persons identified Jerry Porter as possibly being the murderer, apart from his girlfriend Teresa Harris.

    (1) Cecil Ward:

    Reported to Lt. Pilkington (in a phone call) that Jerry Porter was the man that murdered Ms. Reynolds.  Mr. Ward was a "paid" police informant that had sold information to the police on previous occasions.
    Click exhibit 40 "Lt. Pilkington's Statement"

    (2) Benny Salgado:

    Reported to police that Joseph Conner (Teresa Harris' other boyfriend) told him that Jerry Porter did the robbery at Austin's.
    Click exhibit 41 "Handwritten Note from Prosecution's File"

    [Note: Paramedic's Angie Dyer, Steve Parson and Wendy Abston were the first to arrive at Austin's. Ms. Reynolds, the victim, reportedly stated she had been "shot and robbed" and Ms. Dyer asked "By whom" and Ms, Reynolds replied "A big black male with long curly hair. He stole my damn car!"

    Teresa Harris (one of Jerry Porter's girlfriends), described Porter (on the night of the crime) as having "long curly hair". Ms Reynolds, the victim, clearly described a person that was not McWilliams!]

    JERRY PORTER'S ALIBI WITNESSES:

    At trial, the prosecutor and police investigator's vouched for the credibility of Jerry Porter's alibi. The file disclosed evidence that Porter did NOT have a credible alibi! That evidence is:

    (1) Jerry Porter:

    Told police investigator's that at the time of Ms. Reynolds murder (Dec. 30, 1984 at approximately 10:00 p.m. - 10:30 p.m.), he was in a nightclub in Sylacauga called "C.J.'s" with his girlfriend Regina McMillian and Jamie "Mane" Eatmon.

    According to Porter, he, Ms. McMillian and Jamie "Mane" Eatmon, left Tuscaloosa at approximately 7:75 pm and arrived in Sylacauga at approximately 9:15 p.m. The three (3) of them stayed at Veronica Coleman's house (Ms- McMillian's sister), until around midnight, when the three then went to "C.J.'s".

    Porter stated that upon arriving at "C.J.'s", he and Ms. McMillian approached Curtis Jackson (The Nightclub Owner) to see if Mr. Jackson wanted to buy some of the 100 Cartons of Cigarettes that Porter had.

    Porter states that before he, Ms. McMillian and Jamie "Mane" Eatmon left "C.J.'s they bought 4 quart's of oil for Jamie "Mane" Eatmon's car.

    (2) Regina McMillian:

    Stated to police investigator's that she,  Jerry Porter, and Jamie "Mane" Eatmon left Tuscaloosa (on the day of the crime) and arrived at her sister Veronica Coleman's house in Sylacauga at approximately 8:00 p-m.

    Ms. McMillian stated the three stayed at the house until she,  Jerry Porter and Jamie "Mane" Eatmon went to "C.J.'s" at approximately midnight.  Ms. McMillian stated they sold Mr. Jackson twenty-three (23) carton's of cigarettes for $92-00.  Ms. McMillian also stated that all of the money Jerry Porter had when the police picked him up, was money she had given to him. Click exhibit 42 "Regina McMillian's Statement"

     [Note: After police took Ms. McMillian's statement, a search was conducted of her bedroom, where she and Jerry Porter stayed. Items confiscated during the search were "one white long sleeve shirt, one white short sleeve shirt and one brown coat'! Clothing that matches the witnesses description of the murderer]
    Click exhibit 43 " Police Report of Search Of Ms. McMillian's Room"

    (3) Veronica Jean Coleman:

    Stated to police investigator's that (on the night of the crime) Ms. McMillian, Jerry Porter and Jamie "Mane" Eatmon arrived at her house in Sylacauga from Tuscaloosa at approximately 7:00 p.m. Ms Coleman stated that: Ms. McMillian, Jerry Porter and Jamie "Mane" Eatmon left her house at approximately 10:30 p-m.; headed to "C.J.'s". Click exhibit 44 "Veronica Coleman's Statement"

    (4) Curtis Jackson:

    Stated to police investigator's that he is the owner of "C.J.'s" and that he could not say if Jerry Porter was in his night club on the night of the murder.
    Click exhibit 45 "Police Report"

    In a transcribed taped statement taken later, Mr. Jackson stated to police investigator's that he arrived at his nightclub at approximately 10:50 p.m. After being inside approximately twenty (20) minutes, he went back outside and noticed a car parked behind his car that was not present when he arrived.  Mr. Jackson then went back inside and saw Jerry Porter and Regina McMillian at the front bar.

    Ms. McMillian approached Mr. Jackson about buying 10-15 cartons of cigarettes from her and Jerry Porter, Mr. Jackson stated he did not buy the cigarettes.

    Later that night, Ms. McMillian and Jerry Porter approached Mr. Jackson again, this time to buy some oil for their car.  Mr. Jackson, Jerry Porter and Ms, McMillian went outside to the car, where another person was waiting. Mr. Jackson does not know who this person was. Mr. Jackson noticed that the car was the one that was parked behind his car that was not there when he arrived.  He also noticed the car "had been run pretty hard and was hot...". He sold them four (4) quarts of oil and Ms. McMillian paid him $10.00 for the oil.

    Police investigator's asked Mr. Jackson how was Jerry Porter acting and he replied "acted real weird Mean." He was also asked if he noticed anything about Jerry Porter's eyes and Mr. Jackson stated Jerry Porter's eyes were "real red looking".

    [Note: Ronald Thomas stated, "I noticed a lot of water in his eyes", when he described to police investigator's the person he saw inside Austin's on the night of the murder.]
    Click exhibit 15, "Ronald Thomas' Statement"

    (5) Patricia Weston:

    Stated to Chief Miller of the Tuscaloosa Homicide Unit, that Teresa Harris did not stay in her apartment on the day of the murder- (Ms. Harris initially stated to police that she and Jerry Porter were inside Ms. Weston's apartment.) Ms. Weston stated to Chief Miller that "she didn't see Jerry Porter on Sunday December 30, 1984
    Click exhibit  45 "police Report Of Chief Miller

    [Note; A search of Ms, Weston's apartment produced a unique coin and a phone number from Sylacauga. Ms. Reynolds bought and collected unique coins while she worked at Austin's and the unique coins were taken during the murder.]

    (6) Frankie Lee Hall:

    Stated to police investigator's that on Sunday December 30, 1984, he saw "Jerry Porter and another girl besides Pat Weston standing at the steps outside Pat's apartment.
    Click 46 "Statement Of Frankie Hall"

    (7) Mrs. Eatmon:

    Stated to police investigator's that Jamie "Mane" Eatmon is her son. Mrs. Eatmon stated that on Sunday December 30, 1984, (the day of the murder), Jamie was at her house at 5:00 p.m. Mrs. Eatmon also stated that Jamie was suppose to spend the night with his sister. She also stated she had not seen Jerry Porter in about a month.
    Click exhibit 47 "Mrs. Eatmon's Statement"

    (8) Patricia Eatmon-Davis:

    Stated to police investigator's that her brother Jamie "Mane Eatmon came to her house at approximately 6:00 p.m., on December 30, 1984. Ms- Davis stated that Jamie Eatmon left her house that night and went to a friends house in the projects for a short period of time and returned to her house that night; where he stayed until the following morning. Ms. Davis also stated she had not seen Jerry Porter in months.
    Click exhibit 48 "Patricia Eatmon-Davis' Statement"

    [Note: Jerry Porter did NOT have a credible alibi- His statements to police were riddled with lies. This was known by the police investigator's that vouched for and supported Jerry Porter's alibi at McWilliams' trial.

    Jerry Porter's alibi witness "Jamie "Mane" Eatmon was not even with him. His other witnesses could not even get their story right about what time Porter was suppose to have arrived in Sylacauga! Incriminating evidence was found at every resident of Jerry Porter's alibi witnesses.

    The prosecution and Tuscaloosa Police Department will not release any information on the evidence seized during their search, namely: two white shirts and brown coat that matches the witnesses description of the clothing worn by the murderer!  As well as the unique coin that could possibly match Ms. Reynolds unique coins that were taken in the robbery. Police investigator's have closed Jerry Porter's file and to date no court has forced the prosecution or police to produce this evidence!

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