The victims watch, which could have revealed the time of death and presented
Derek with a confirmed alibi, was found on the victims body and mysteriously
disappeared from police custody.
The police failed to search any other part of the house other than Dereks room
or to look at any of the other occupants or investigate their belongings or vehicles.
The house is now being sold and in any event any evidence in it has failed to be
preserved.
The bloody fingernail was never looked at after its recovery.
No testing of any kind was performed on the fingernail.
Repeated requests by Derek to test the fingernail sample have been refused.
Evidence Tampering:
Two pictures of Dereks room showing
the fireplace show differentevidence
An examination of river tide shows that body had to have been placed on other side
of river from where she was found. This is more consistent with evidence found of
vegetation found on body and sand on socks and shoes. Yet misteriously bloody shoe and
towel show up on the ground near where body is found. Can you immagine what the
probabilities are that you place three items on one side of the river and some items are
found on ground near the body of the other side of the river?
In one picture window screen is pointing in the other pointing out.
Shoe was moved in crime scene by Detective Squyres.
The state consistently talks about overwhelming evidence against Derek in this case
but on review it is decidedly under-whealming.
The trial and its aftermath:
The police investigation into the Wisnosky murder and Derek's trial were a travesty of
justice. This is obvious from the federal court finding that Derek did not have the
Constitutionally required representation of counsel based upon his lawyer's performance.
This is obvious from the bounty of evidence that was never obtained or investigated
by police no less brought to the jury.
This is obvious from the fact that the jury was shown aprejudicial example of a murderweapon bearing no resemblance to anything ever in
Derek's possession.
This is obvious from the police instruction to its lab not to bother testing key
evidence.
Many people remain diligently at work on the Barnabei matter, diligently attempting to
bring to light the evidence police ignored.