I. Summary of events regarding Jeff's role 3/5/81 - 3/6/81AM

On March 6, 1981, at about 5:45 AM, Duane McCormick was found dead in the apartment that he and Jeff Howard had shared at 210 South Spring Avenue, in Sioux Falls, South Dakota. The body was discovered by Duane's uncle, Dennis Hagemeyer, when he came to give Duane a ride to City-Wide Sanitation on East 10th Street in Sioux Falls where they both worked. The coroner said time of death was between 1:30 am and 5:00 am with the bulk of evidence pointing to 3:00-3:30 am (TT 270).

Earlier that week, late Monday night, March 2, 1981, Jeff had "borrowed" Duane's car, car keys, and $20-$25 while Duane slept, leaving him a note saying that he would be back the next day. Jeff went to Mt. Vernon, South Dakota, to get some things from his father's house because he (Jeff) was planning to move to Georgia. Jeff was picked up that night in Mt. Vernon for an outstanding warrant on a ticket and he spent the next few days in the Mitchell, South Dakota, jail.

Jeff came back to Sioux Falls Thursday afternoon on March 5th. When he got back, he started looking for Duane, since he had been told that Duane had reported the car stolen. Actually, the car had not been reported stolen after all (PR 3/6/81 Fields). Jeff ended up at Cindy Keiser's home where there were two other men present, Mark Geones and his brother Pat, acquaintances of Jeff's and Duane's. Duane showed up after having seen his car nearby. Duane was upset that Jeff had taken his car and was gone so long. He and Jeff had words, but things cooled down (PR 3/6 McKelvey; PR 3/6/91 Boos; TT 416). Duane told Jeff he had to move out of the apartment. Jeff and Duane left together around 9:00 PM to go back to the apartment so Jeff could get his things and some phone numbers (PR 3/6/91 Boos; TT 418).

When they got to the apartment, Jeff says that he asked Duane for his backpack as a trade for the remainder of the rent Jeff had already paid for the month of March and that Duane agreed. Jeff packed some things for the road and left his duffel bag with clothes and some other things for Duane to send when Jeff sent him some money. Jeff says he gave Duane back the car keys and then Duane dropped Jeff off about one mile away at the McDonald's on 8th Street.

Jeff walked up the street through an alley to Darrell "Pete" Farley's house at 224 North Franklin Avenue, dropped his backpack off by the back door and walked around to the front of the house. Farley's live-in girlfriend, Vicki Marshall, let him in. Jeff was looking for his friend, Vicki's brother, Gary Massey. They told him Massey was up the street at Rick Zabel's house at 707 East 7th Street (Zabel was out of town), so Jeff went there where he met some friends, Massey included. They "partied" and watched a game on TV. A little while later, Farley came over and he and Jeff left to go buy some beer and pizza at the 7-11 on the corner of 6th and Cliff. While there, Farley noticed he had a flat tire, so they drove the car back to Farley's house. They went inside for a minute and talked to Vicki and dropped off some pizza. Then Farley and Jeff walked back to the party with the beer and pizza. Farley only stayed a few minutes. Jeff made a couple of phone calls from Zabel's house to Georgia that night to make arrangements to go and stay with his friend, Bob Welker. This had been planned for some time, and since Duane had asked Jeff to leave that night, Jeff wanted to let Welker know he would be coming to Georgia. Then, Jeff and the others partied into the night, drinking heavily.

Sometime after 1:30 AM, Jeff, Massey, Wayne Manu and Bob "Doc" Stroh, drove out to Manu's house where they drank some more. Then Stroh, Jeff, and Massey left and went to Stroh's house at 1518 South Covell, where they woke up Stroh's girlfriend, Tamara Bell, so she could drive Jeff and Massey back to Farley's house. They were all pretty drunk. Jeff and Massey were dropped off between 3:30 and 3:45 AM (Tamara noticed her clock at 3:45 when she got home because she had to set the alarm to get up for work that morning).

Jeff and Massey partially cooked some pheasant, ate it, and watched TV. Then Massey went to bed while Jeff went to sleep on the couch.

II. Summary of events 3/6/81 at Pete Farley's house

The next morning, Vicki Marshall got up around 8:00 AM and saw Jeff asleep on the couch. Farley was already up. Wayne Manu came over around 9:30 - 10:00 AM to get Massey for work . They were to be at a job site at 10:00 AM, somewhere in Hartford. They both noticed Jeff asleep on the couch. Later, when Jeff did get up, he and Farley talked. Farley had a picture of the electric chair at the South Dakota Penitentiary and they had a conversation about it.

Around 1:00 - 1:30 PM, Manu and Massey arrived back from work. Farley, Vicki and Jeff went in Manu's truck to the food-stamp office so Jeff and Vicki could pick up food stamps. When they got back, a short time later, Manu took Jeff to the "Tea" exit, south of Sioux Falls on Interstate 29, so Jeff could hitch hike to Georgia. Before they left, Jeff gave the apartment key he still had to Massey and told him he could go get Duane's stereo out of the apartment. (Jeff said he had been upset that Duane had sold the landlord's TV earlier and wanted someone to take the stereo as revenge). Jeff had no money at the time, so Manu gave him $3.00 in exchange for some food stamps.

III. Summary of events from Police Reports/Statements & Trial Transcripts

Meanwhile, back at the apartment, after Duane's body was discovered by Dennis Hagemeyer, the police found that the kitchen window on the east side of the apartment had been broken into and was probably where the intruder entered. The front door to the apartment was ajar when Hagemeyer arrived, so that is probably where the intruder left. The police fingerprinted around the window and a little in that area of the kitchen. No fingerprints were found (TT 118-20, 131). They found a screen outside that had been thrown that matched the window. They did not fingerprint it. On the stand a detective testified that they did not test the screen because the wood was old and would not take fingerprints like the window frame on which they had found no fingerprints (TT 132). Yet, on the stand the same detective testified that when he put his thumb print on the window sill, it DID take his print (TT 119). Also, no fingerprints were taken on the front door where the intruder had exited (TT 132-3); the room where the body was found (TT 120, 131); around any other area of the kitchen, including the spoon and knife that were taken into evidence and used as evidence that whoever had been there had likely shot up with drugs. (What reason would Jeff have to wipe off fingerprints at a place where he had lived up until that night)? No hair and fiber samples were taken from anywhere in the apartment (TT 136-7, 139).

On March 7, Renae Ellis and Ronnie Schmidt called the police station to report who they felt was responsible for the murder of Duane McCormick (PR 3/7/81 Boos). They named four names, among them, Todd Mueller. The police dismissed Renae Ellis as an unreliable witness ( TT 484, 491). Yet on March 9, this same Mueller was caught breaking into the apartment. When Detective Larson interviewed him, he was puzzled by the way Mueller changed his story about how he heard about the murder, and felt that Mueller knew more about the murder than he let on. Mueller said he had known Duane and said that Duane had told him that if anything ever happened to him (Duane), Mueller could have his "stash of narcotics and his stereo" (PR 3/9/81 D. Larson; PR 3/9/81 Sgt. Thorstenson; PR 3/9/81 Canter). This conversation between Mueller and Duane took place a couple of weeks before the murder - before Jeff and Duane's falling out. (Why was Duane worried about something happening to him? Did he have other enemies?). Sergeant Thorstenson did a follow-up interview, but nothing else was done to check out his story and Mueller no longer remained a suspect.

Lieutenant Knott testified on the stand that he had not seen any footprints at the scene of the crime (TT 120). When he was asked why he hesitated in his answer, he stated that it was mostly blacktop around there (TT 128-9). Yet, when Mueller was caught breaking into the apartment, he was identified by the footprints he left in four places around the apartment. Some were very clear (PR 3/9/81 Sgt. Hoier; PR 3/9/81 Wydra #34). Were some of them left there from the time of the murder? It doesn't appear that anyone checked for footprints after the murder.

When Duane's body was found, it was also discovered that his car was missing. The car was discovered by an officer on 3/7/81 about two blocks from Pete Farley's house. It looked as if it had been in the process of being vandalized (PR 3/7/81 Roeman). Only one neighbor was home at the time, and he said he thought he remembered seeing it the afternoon before. (Why weren't more neighbors questioned about what they might have seen and when they noticed the car's appearance?) Also, no tests were done on the car for fingerprints or hair and fiber samples. The car was given back to the family shortly afterwards (PR 3/7/81 Roeman).

On March 7, several people voluntarily came in to the police station together with Pete Farley to give their statements about what happened around the time of the murder. In Farley's testimony, Farley stated that he had seen in the newspaper that morning that a blunt instrument had been used to kill Duane so the first thing he did was to look in his kitchen drawer for his hammer and he found that his hammer was missing (PS 3/7/81 Folkerts). There was nothing in the newspaper article that indicated the murder weapon might be a hammer or the size and details of the injury. (Why would he mention a hammer?) In a police report dated 3/26, Farley does say he found his hammer in his basement. Pete Farley's hammer was never tested, even though the lab report on a hammer found at the scene raises reasonable doubt as to the validity of it being the actual murder weapon.

On July 1st, four months after the murder, Pete Farley turned a key over to Captain Skadsen, saying Jeff had given it to him when he left saying he could take Duane's stereo (PR 7/1/81 Johnson). In the same police report, he says he did not turn it over sooner because he had neglected to or "perhaps there was some alternative motive of he was intending sometime or another to go up and retrieve this stuff which Jeff Howard had indicated..." (PR 7/1/81 Johnson). On the stand, Farley testified that he did not keep the key to burglarize the house (TT 364) but that he kept the key in order to not incriminate Jeff (369). The police went back to the door of the apartment, but of course, the lock had been changed so it could not be compared with the original lock. It does not appear that the police tried to contact the landlord to see if he still had the original key that they had borrowed from him to secure the apartment right after the murder and later returned to him. (PR 3/11/81 Lt. Knott). Besides the fact that Farley changed his story on the stand, it is palpably untrue that he did not want to incriminate Jeff. Every statement he made to the police incriminated Jeff. (If Jeff had just killed Duane, why would he give someone a key to the apartment? First, it could incriminate him and second, they would find the body).

About June 23 or 24, Farley was subpoenaed for the trial. Farley claimed he had amnesia. Pete Farley was the prosecution's key witness. On June 30, a motion hearing took place to ask the judge if Farley's police statements could be used in the trial in lieu of Farley himself, since Farley was claiming he had amnesia. The judge asked if Farley was an important witness. The State's Attorney, Steve Miller said "...without Pete Farley the State, I would have in my own mind, I don't think we have much of a case. I'm not going to say that I don't expect to get to the jury at the trial, but I will say that we would have a very difficult time obtaining a conviction without Mr. Farley's testimony. I cannot tell you what I would do, whether I would dismiss or whatever..." (MH 32). Later that same day, when the state prepared to run tests on him, Farley admitted he was lying and did not have amnesia.

Farley had some charges pending in Sibley, Iowa for 3rd degree burglary, during this time. Sergeant Joe Frisbee in Sibley made an offer to Detective Satterlee, to use the time remaining to be served by Farley as a "lever" if needed (PR 6/29/81 Satterlee; TT 475-6). Captain Skadsen denied this "leverage" was ever used, but Farley served no more time in Sibley.

There are many times that Pete Farley's testimony does not add up if you compare the trial transcripts with his statements to the police and other documents:

Farley said he lied about having amnesia because someone had come up from behind him in an alley in Sioux City and hit him. The next thing he knew he woke up in the hospital (TT 365-6). He said he was afraid because he did not know who had done it. Medical reports recently turned over to the habeas attorney from the State Attorney's files state differently. In a report from Marian Health Center in Sioux City, Iowa, April 26, 1981, it states that he was apparently struck in the left jaw by another person. The patient fell and struck the back of his head on concrete and was unconscious for 2-3 minutes. The Emergency Room record of the same date says "friends state patient was hit in mouth with fist and then fell and hit head on concrete..." A Neurology Consultation report on April 30, 1981, from McKennan Hospital in Sioux Falls, says that Farley told them he was involved in a fist fight and stated that he got struck on the face and fell over, striking his "occiput" (the back of his skull).

The Identification Sheet from McKennan Hospital from this same incident gave Farley a secondary diagnosis: "He is consistent with sociopathic behavior."

This was not the first time Farley had used loss of memory as an excuse not to testify. Ten days after the trial was concluded, John Gridley, Jeff's defense attorney, received anonymously by mail a copy of a confidential pre-sentence investigation report (PSR) on Pete Farley as a material witness for a prior conviction in the state of South Dakota. This report states "that at the time of the trial he suffered a concussion incurred in a boxing match. He indicated that because of this he was not as mentally alert as he usually is" (PSR 3). Pete Farley claimed memory loss from a head injury at that trial -- the same reason he gave to try to avoid testifying in defendant's trial. In defendant's case, Pete Farley received a subpoena about one and a half weeks before the trial, and claimed he had amnesia and did not know the defendant or anything about the case (MH 31). He later admitted lying about the amnesia (TT 389-91). Because the defense was not made aware that Pete Farley had claimed memory loss in a prior case, he was not asked if he had ever done this in the past. This information had bearing on the credibility of Farley as a witness.

In Farley's police statement (PS 3/7/81, Folkerts), he states that while Jeff was looking at his (Farley's) picture of the electric chair "he (Jeff) said "and I am quoting 'They can only put you in there once.'" This is an attempt by Farley to put words into Jeff's mouth which were actually written on the back of the picture prior to this conversation. Farley is using this to further incriminate Jeff. The actual words on the back are "You can only sit in it once" according to Farley on the witness stand (TT 359, 376).

When Farley turned over the key to the police department (PR 7/1/81, Johnson), he said that Jeff had given him (Farley) the key and "told me that there was some stuff up on the apartment which he had previously occupied with the deceased Duane McCormick, located at 210 S. Spring, such as a stereo and other things which he, Darrell, could have." This conflicts with his statement at trial when he talks about Jeff's leaving on 3/6/81 from his house. He says here he asked Jeff "...what about your stuff...I asked if he wanted me to go over and get them...and he said 'all I really have over there is my stereo.' He pulled a key off a key ring and handed it to me" (TT 361).

Farley also lied to the police about the length of both of his hospitalizations when he had his head injury in Sioux City (PR 6/24/81 Sgt. Thorstenson; TT 388-9).

Farley said at the trial that he only met Jeff about three weeks before the murder (TT 352). Jeff says that he met Pete Farley when they did time in the penitentiary together in 1978. They did not know each other very well, but they did know who each other was.

During the trial, Farley testified that he has not had "the experience of cooperating with law enforcement officials to get a lesser sentence or recommendation" (TT 378). In the previously mentioned Pre-sentence Investigation Report (PSR) on Pete Farley, page six, under Future Plans if Granted Probation, it states, "if granted probation, he would finish work that he is doing for the Iowa Law Enforcement Officials and he would then attempt to get relocated." On page eight under References, "Sheriff Robert Raffey (who was interviewed regarding the PSR), stated that the defendant has been cooperative and helpful to his department. He further stated that he feels the defendant has been honest in his dealings with the Sheriff's Department."

The hammer that was used in evidence as the possible murder weapon had no blood or human substance on it, and no fingerprints were found on it. A lab report shows that synthetic and plant fibers and animal hair were present on the claw of the hammer. This would indicate that it had not been washed off and could not have been the murder weapon (TT 721). Nonetheless, the hammer was still used as evidence at the trial. Also, the hammer head was never measured and compared with the wound. The prosecutor referred to this hammer several times in his closing arguments and called it the murder weapon (TT 702).

One of the arguments used against Jeff during the trial was that Jeff was using needles in his drug use and there was a spoon sitting out on the counter with caffeine residue in it. Jeff admitted that he had previously used the spoon for shooting up, yet not at the time of the murder. Detective Folkerts testified he remembered seeing a cover to a syringe on the floor. Yet it was not taken into evidence and Lieutenant Keena who searched the apartment again on 3/9/81 thoroughly testified he found no drug paraphernalia (PR 3/9/81; TT 64, 69). A police report on 3/6/91 states a bong and black case with drug paraphernalia were confiscated, but no syringe or syringe cap. Yet the prosecutor focused on the spoon found on the counter as evidence that Jeff had been present at the murder. The spoon was not fingerprinted and there was no evidence that the last person to use the spoon was Jeff. The evidence of other drug paraphernalia present indicates there could have been other drug users present at the apartment the night before the murder.

The prosecutor said in his closing remarks that "The murderer had to shoot up on drugs on that same scene. You don't know of anyone who does that except the defendant" and "the only person we know of in this entire case who shoots up is Jeff Howard" (TT 689). The only other person connected with this investigation that was tested for needle marks was the victim (TT 680) who did not show needle marks. No other witnesses, suspects or anyone else for that matter were tested for needle marks.

The prosecutor used untrue statements in his closing remarks. He stated several times that Duane slept in front of his door during the few days Jeff was gone with his car because he was afraid of Jeff (TT 670, 665, 666, 686, 698). Yet, the actual recorded testimony of the witnesses state very clearly that he was afraid he would not wake up when Jeff came back. It was also testified to that Duane was a very sound sleeper (TT 162, 182, 183, 201-3, 232, 415-418). The prosecutor actually misquoted witnesses in order to make his point.

One of the inferences made against Jeff during the investigation was that he left town on March 6, leading the police to suspect him because he fled. First of all, Jeff had been planning to move out of town for some time. This is stated by others in police reports and at the trial. He had planned to move to Georgia where his friend, Bob Welker, lived. The night of March 5th, Jeff made calls to Georgia, from Rick Zabel's phone, to let Welker know he was coming. Second, the next day he remained in Sioux Falls until early afternoon. He was not in a hurry. (If he had killed Duane, he would have known that Duane's uncle would come to get him for work and that he would find the body. Jeff had had five days on the road to check to see if he was wanted for murder and could have changed his plans). When Jeff arrived in Georgia, Welker told him the police were looking for him. Jeff waited for the police to come. He cooperated fully with the police and waived extradition. These are not the actions of a man fleeing a murder scene.

IV. Did Jeff Howard receive a fair trial? Was his guilt proven beyond a reasonable doubt?

The police did not do a thorough job of investigating the crime. A brief review is in order: 1) No fingerprints were taken on the door handle that was found ajar. 2) No fingerprinting was done in the bathroom or livingroom/bedroom where the body was found, or of the kitchen sink fixtures (TT 120, 131, 133. 3) No vacuuming or gathering of fibers or hair samples took place in any of the rooms, at the east window, or in the car (TT 100, 134, 136, 139). 4) No examination was made of the molding where the suspected murder weapon (hammer) was found (TT 100). 5) No other tests were done on the car including a check of the car's gas gauge (TT 34). 6) Other neighbors near where the car was found were not questioned to see if anyone saw when the car appeared (TT 34-35). 7) The billfold was not fingerprinted or taken into evidence (TT 28, 35-36, 95, 134). 8) The syringe cap spotted my Lt. Folkerts was not placed into evidence (65- 66). 9) No fingerprinting was done on the screen to the east window that was thrown across the parking lot (TT 138). 10) No one checked for footprints outside the apartment (120, 128-9). 11) No one searched Farley's house where the defendant had spent the morning after the crime. This could have turned up evidence that incriminated Farley. 12) Police failed to look further for a murder weapon when the crime lab report showed that the hammer in evidence could not be the murder weapon.

V. The Roads that were Never Followed

The lack of evidence collected ruled out finding evidence which could have possibly pointed toward another suspect(s). It looks as if the police decided Jeff Howard had done it and did not seriously consider other suspects.

Even before Jeff was brought back from Georgia, the crime scene had been disturbed. The McCormick's went back into the apartment on 3/9 to look for Duane's necklace and to get his stereo On 3/11 the contents of the apartment were returned to the family and the apartment was turned back over to the landlord (PR 3/9/81 Keena; PR 3/11/81 Lt. Knott). The car was returned to Duane's family without any testing (TT 34, 139). On top of the lack of fingerprinting and gathering of evidence already mentioned in this summary, there was an empty billfold found next to the body (TT 26- 28). It was handled carefully by the officer who found it, but somehow it was not collected into evidence (TT 96).

There was a report of a man in Iowa whom someone claimed to have overheard telling everyone that he had killed someone with a claw hammer. The police did follow up on this story. When they did find the man, he had a different story to tell. The police gave him a polygraph test and concluded he was telling the truth when he said he did not do it. Why the discrepancy? No one gave Jeff a polygraph exam. Jeff says he was never asked, yet Jeff claimed to be innocent throughout the investigation and trial.

Why was Bob Welker not questioned and subpoenaed to back up Jeff's testimony that he had been planning to move to Georgia and to confirm Jeff's reaction to the fact that he was wanted in South Dakota and that the police were on their way? In 1996, Jeff Howard's habeas attorney, Martin Oyos, located Mr. Welker in New Jersey. His recollections back up Jeff's testimony. He has had no contact with Jeff Howard since the day of the arrest and was surprised that Jeff had gone to prison for the murder. His statement is now in an affidavit on file.

Why was Gary Massey not located to testify at the trial? He was subpoenaed but the prosecution was told he was in Colorado. He was the last one to be with Jeff before the murder. He could have backed up some of Jeff's testimony. On June 12, 1996, Massey was interviewed by an investigator. He backed up much of Jeff's testimony. He said the reason he had not testified was that he felt there was something very fishy about Pete Farley's actions the day after the murder. He said that Farley, who usually stayed out of involvement of this kind because of his past record and current lifestyle, was organizing everyone to say that Jeff Howard had done the murder. In the days following the murder, Farley called Massey several times from Sioux Falls to Sioux City where Massey had gone, to try to get him to say that he (Massey) knew that Jeff Howard had done the murder. Massey told Farley that he did not know that. Massey left town to go to Colorado to avoid testifying. When he was subpoenaed, Vicki and Pete Farley said they did not know where he was. Massey says now that they were in constant contact with him. (Of course, Farley would not want Massey to testify if Massey would not cooperate). Massey had been a long-time friend of Farley's and his sister, Vicki, was Farley's girlfriend and he did not want to go against Farley. He did not believe Jeff had done the murder, but did not want his friend-like-a-brother to be mad at him. Gary Massey came to Sioux Falls on June 18, 1996, to testify to this information at Jeff's habeas hearing. Most of what he had to say was not allowed because the Judge would not allow any testimony that pertained to Pete Farley. Martin Oyos is in the process of obtaining an affidavit of Massey's recollection.

Why were no character witnesses called for Jeff? Jeff had others he worked with and knew that could have testified on his behalf. There were others who knew of his plans to move to Georgia. Why didn't Jeff's attorney look further into the Todd Mueller story? He knew about it in through police reports.

Police reports show that several other witnesses besides Pete Farley lied on the stand. Wayne Manu testified at trial that he did not receive any food stamps from Jeff as Jeff was leaving town. But, a police report shows that Manu's girlfriend, Terry Graham brought in a book of food stamps that were determined to have been issued to Jeff (PR 3/11/81 Lt. Downs; TT 289). The trial testimony also states that Manu was granted immunity from revocation of his parole (he had been with other people with records the night of 3/5/81, which is violation of his parole), in return for his testimony. If Jeff's attorney did have access to these reports, why didn't he try to impeach Manu's credibility? Even so, the prosecution allowed their witness to perjure himself regarding the food stamps?

Two prosecution witnesses, Cindy Keiser and Mark Geones, testified at the trial that Jeff had said he wanted to kill Duane. Yet, neither one said anything to this effect in their statements to the police shortly after the murder happened. Mark Geones states in his police report that Jeff told him he wanted to "beat him (Duane) up" (PR 3/6/81 McKelvey). Geones did not volunteer this information at the trial -- it was only after Jeff's attorney (carelessly) asked him if he had ever heard Jeff say he "was going to kill Duane" that Geones said yes he did . When Geones was questioned at first by the prosecution, he said at that time that Jeff had told him he should have beat him up (TT 208).

In Cindy's report to the police (PR 3/6/81 Boos), she said that on the evening of March 5th, 1981, "at approximately 6 o'clock p.m. Mark and Pat Geones arrived at her residence...Then at approximately 7:30 p.m. the suspect Jeff Howard arrived...Then at approximately 8 o'clock p.m. the victim Duane McCormick arrived at her residence..." On the stand, Cindy said Jeff was at her apartment before Mark and Pat Geones arrived (TT 412-13). At the trial, Cindy testified to something that was not even mentioned in her report to the police. She said that she recalls that Jeff said he wanted to "kill that little f---ing white-haired kid..." and that these were his exact words. This is pretty strong language to not have remembered right after the murder. Her report to the police doesn't make any reference to any kind of threat made by Jeff about Duane (or anyone else). Also, since the time of Jeff's arrival is now testified to that it was just she and Jeff there, it is convenient for her to add this information. Jeff's attorney did not point out the discrepancy in their stories while they were on the stand. In Pat Geones' report to the police (PR 3/6/81 Boos) he states "...he and his brother Mark drove to Cindy Keiser's residence to visit. He then stated when they arrived Cindy was alone, and shortly thereafter Jeff arrived..."

Information recently received from the State's Attorney's files revealed that Pete Farley was paid $700 to relocate after the trial because he owed people money and was afraid to stay in Sioux Falls. This had nothing to do with Jeff's case. Witnesses are only to be paid for trial expenses and maybe for moving expenses if related to the trial. This information would have been useful, along with all of the other information about Farley, in showing that he was not a credible witness. (Remember that when Farley claimed he had amnesia, the prosecutor said that they would not have much of a case without his testimony). With all of Farley's lies and compromise, how could he have been considered a more reliable witness than Renae Ellis?

Vicki Marshall Farley took a polygraph test on July 1, 1981, before the trial and lied on two of the three questions. This information could have been useful to the defense in impeaching her testimony had they known about it. (Pete and Vicki were married 22 days after the murder and later were divorced a few months after the trial).

On Tuesday, June 11, 1996, in a conversation between Vicki Farley, who is now residing in Sioux City, Judee Reeves (Howard) and Mike Vander Vorste, Vicki stated that she did not know anything about the events of that day. Anything she had testified to in the polygraph exam or at the trial were words Farley had told her to say. She also stated that Farley did not come home right away, after he and Jeff dropped off the beer and pizza at Rick Zabel's, as she had testified to on the stand - that she had thought Farley had partied with the group all night. The other men at the party with Jeff and Farley testified that Farley had left the party shortly after he and Jeff got back with the beer and pizza. Where did he go if not straight home? At this time, she is not well and is not willing to put this in writing. There were several other witnesses on hand when this conversation took place.

Jeff has heard from several people over the years that have told him that Pete Farley admitted that he killed a man and sent another man to prison for it. (Pete Farley committed suicide on September 24,1983). Affidavits were collected from these people between 1984 - 1987, but as they were not considered the most reliable witnesses, no follow-up was done on them by the previous habeas attorney, Pat Reipel, except for affidavits. Three of these people are now also dead. Jeff received a letter from Rick Zabel in December 1983, three months after Farley committed suicide. Zabel told him he was sorry that he did not speak up about what he knew. Zabel had been out of town the night of 3/5/81 while the partying was going on in his home. He talked to Farley the day after the murder when Farley told him that he was the one who had killed Duane. Zabel had agreed with Farley before Farley told him, that he would keep his secret. Zabel, living in Arizona was contacted by Martin Oyos, Jeff's attorney, (in 1995 or 19966) and said he backs up his previous letter to Jeff and later affidavit. The original letter and affidavit are in the court file.

VI. The Aftershocks Continue

Shortly before Pete Farley's suicide, his son, Jason Farley, overheard his father telling somebody that he had killed someone with a hammer and sent an innocent man to prison for it. Jason Farley was about 12 years old at the time. After his father's death, Jason told his mother and stepfather what he had overheard. His mother, Pam Prestage, got in touch with the public defender, Pat Reipel, who was handling Jeff's case at the time. An interview was set up for Reipel to meet with Jason, but it never happened. In the winter of 1994, Jason Farley told Judee Reeves (Howard) that he did overhear this conversation his father had. The information was relayed to Jeff's attorney, Martin Oyos, who also spoke to Jason. An affidavit was not taken. Jason Farley shot and killed himself in May of 1995. On a recent trip to Sioux City, a conversation took place with Pam Prestage and Jason's sister, Stacy, Judee Reeves (Howard) and Mike Vander Vorste. Pam and Stacy told how much this information had affected Jason's life. They also feel it had a lot to do with his drug use and his suicide.

Jeff was convicted on purely circumstantial evidence. Jeff was accounted for the night of morning of the murder until at the very least 4:30 am. (He arrived at Pete Farley's with Massey between 3:30 and 3:45 am and they cooked a pheasant part-way and ate it and talked). Jeff is supposed to have walked a mile back to the apartment in his intoxicated state and murder Duane, then come back to Pete Farley's house and fall asleep on the sofa. Remember too, that the bulk of the evidence points to the time of death at 3:00 - 3:30 AM. While it may never be known who the actual murderer was, there was certainly reasonable doubt as to whether or not Jeff killed Duane McCormick. Especially in light of the fact of so many lies told on the stand by the state's key witness, Pete Farley and the lies told by other witnesses. These lies and other information that cast doubt upon the credibility of these witnesses were almost all unknown to the jury. They did not have all the facts when they made their decision.

Here are some quotes from an article in the Argus Leader, Sioux Falls newspaper the day after Jeff's conviction: Steve Miller, prosecutor, in defending the police investigation "I didn't even respond to those accusations because the jury was smart enough to figure it out...the police did investigate it right. To bring in the DCI...and the FBI would have been a waste of money." Juror Hahn "said the jury gave no credence to defense's charge that the police did an inferior job. 'That wasn't our part to think about (that). It wasn't brought up in our deliberation at all.'" Much of the credit was given to Miller's closing arguments, which as shown on page seven of this summary, contained gross misstatements. "Moreover, Miller said, a witness testified McCormick feared Howard and slept by the door so he'd hear him come in." This was a serious misstatement to find in his closing argument!

A habeas hearing was held in 1996 where Jeff's relief was denied. The attorney filed the case with the State of South Dakota Supreme Court -- but it was one day late and the courts denied a hearing. Jeff's attorney appealed it because it was not Jeff's fault, but the Supreme Court refused to consider a hearing. Papers were filed by Jeff (without an attorney at this point) to have a hearing in Federal Court. The Federal Court refused to consider the habeas because we had not exhausted our state remedies. The case seems "dead in the water at this time."

There are many questions about this case that are left unanswered at this time. Jeff Howard did not commit this murder. He has always maintained his innocence and has tried for the past 20 years to have the truth be known. It is frustrating to work within a system where all that was left to him was to overturn his conviction on trial errors -- not innocence. While Jeff would welcome relief from his unjust sentence in almost any way, it is frustrating to not have the truth matter and then to be able to clear his name.

Over the years Jeff has written to legislators, the Governor, the Board of Pardons and Parole, and various others for help. It is hard, if not impossible, when you do not have outside help. We have even had a friend of the family talk in person with the Secretary of the Department of Corrections - nothing came of that conversation. Even when nothing is happening on his case, Jeff does not just sit around. He has worked hard to turn his life around and to prepare for his eventual release -- he has always believed the truth will eventually come out. He has been involved with the AA and NA programs for more than fifteen years. He turned his live over to Jesus Christ and helps with spiritual programs behind the walls. He continues to work hard to better himself.

Jeff has a life sentence. Unless he is pardoned, or his sentence is commuted by the Governor, he will spend the rest of his life in prison unjustly. He has already lost more than 20* years of life on the outside. Please help him to live the rest of his life in the free world.

This synopsis contains the information on the case up to 2001.  Recent events are found at Why We Care and then our blog .