Yarris strikes back, seeks new probe in murder case
John Roman, Of the Times Staff
09/28/2006
An attorney representing exonerated former death-row inmate Nicholas Yarris has sent a letter to federal and state authorities demanding they re-open the investigation into the murder of Linda May Craig. In a tantalizing twist to the 25-year-old murder mystery, attorney John W. "Jack" Beavers claims he has "at least one witness wishing to provide leads relating to the actual identity of the rapist-killer" who abducted Craig and dumped her body in a snowy field in December 1981.
Yarris, 45, formerly of Southwest Philadelphia and now living in England with his wife and daughter, was convicted of Craig’s slaying in 1982 and was sentenced to death. After spending nearly half his life on Pennsylvania’s death row, he was cleared through DNA tests and was released from prison in January 2004.
While a Delaware County grand jury is reportedly re-examining the case, no arrests have been made and no progress has been reported.
Beavers, in his letter dated Sept. 8 sent to the attorney generals of Pennsylvania, Delaware and the U.S., the FBI, and governors of Pennsylvania and Delaware, cited what he called the "interstate and multi-jurisdictional crimes involving kidnapping, murder, rape and attempted murder," which are not being investigated by any impartial investigators or investigators who would normally look into such crimes.
He pointed out that Craig was apparently kidnapped as she left her job at the Tri-State Mall in Delaware and was transported over state lines to Pennsylvania. He said she was kidnapped and murdered either in Delaware or Pennsylvania.
Only Delaware County officials are investigating the murder, "some of whom are named defendants in a civil rights suit, which I have filed on Mr. Yarris’ behalf," Beavers wrote.
He was referring to the grand jury and a federal civil rights lawsuit seeking $22 million in compensation for the 22 years Yarris spent on death row.
Beavers informed authorities he was forwarding the details of an e-mail lead "regarding evidence about the true rapist-killer’s possible identity on a separate sheet and will not release the same to any source other than you."
He would not elaborate on that new witness in an interview Tuesday.
Beavers said the Delaware State Police homicide unit is handling the "Delaware end of the Craig murder," and he has talked to them. The homicide unit sergeant he said he talked to couldn’t be reached for comment.
Beavers said he has received replies to his letter from the counsel for the Delaware governor’s office and the Delaware Attorney General’s office.
The letter is still under review by Delaware Attorney General Carl Danberg and his staff and there has not yet been a response, a spokeswoman said Wednesday.
Beavers said he had also spoken to Gov. Ed Rendell last week and he said "in essence, he’s not going to allow anyone’s rights to be trampled in Pennsylvania."
Rendell spokeswoman Kate Philips said she "will not be able to comment on the specifics of the letter because it’s in active litigation." She said the letter was in the office of general counsel and the Governor’s Office hasn’t reviewed it.
The FBI in Philadelphia also couldn’t be reached for comment despite a voicemail message left with a spokesperson.
"As far as I’m concerned, everybody’s responded but the FBI," Beavers said Tuesday.
Beavers said he did not send the letter to the Delaware County District Attorney’s office.
Delaware County Deputy District Attorney Sheldon Kovach declined comment Wednesday. He referred to recent comments made by Assistant District Attorney Joseph Brielmann that the Craig murder case is an active investigation and all matters before the grand jury and its investigative process are confidential.
The letter also contains claims familiar to those who have followed the case -- that various citizens and government officials "conspired to murder Nicholas Yarris by having him falsely convicted and executed for Linda Craig’s murder."
Beavers said Yarris’ conviction resulted from the destruction of evidence, false testimony procured by government officials and false allegations that Yarris had confessed to the rape and murder of Linda Craig. He said the latter all "constitute crimes in their own right."
Yarris and his attorney questioned why the FBI, state police in Delaware and Pennsylvania have not become involved in investigating "this multi-jurisdictional crime."
On behalf of Yarris, Beavers demanded the following:
- An immediate full investigation of Craig’s kidnapping, rape and murder.
- That investigations be undertaken and grand juries convened to investigate the attempted murder by public officials and private citizens who destroyed evidence and obtained and gave known false statements for the purpose of having Yarris executed.
- That investigations be undertaken regarding violations of criminal statutes by public officials and private citizens, including perjury, subornation of perjury, obstruction of justice, destruction of evidence and criminal conspiracy.
If no action is taken, Beavers said, he will file a motion against all the law enforcement agencies contacted seeking a mandatory injunctive court order compelling each agency to do its duty.
"Mr. Yarris may not have the right to know the details of the investigations, but he has the right to know that the crimes committed against himself and Linda Craig are being reasonably investigated and existing leads in the case are being zealously pursued," Beavers said. |