Brett had seen Winda the day before she was murdered. She was
seen alive afterwards and had picked up her paycheck sometime
after Brett's last visit with her.

Brett was the one who discovered her, and not realizing the extent
of her injuries because of how she was laying, tried to turn her
over. It wasn't until he tried to do this that he fully saw  her injuries.
Winda's death had been a brutal one. She had been stabbed 135
times, severely beaten, her throat cut, and her hands removed.
Brett's act of trying to turn her over put him in contact with her
body, also leaving his fingerprints nearby.

When Brett realized what had been done to Winda he did panic,
afraid if he was found there he would be arrested for traffic
warrants that he had, and be involved in a murder investigation. He
grabbed a shirt that he had left there on her bed the day before,
and a few items of trash, also from the day before. He threw the
items of trash into a dumpster, taking his shirt home with him. This
shirt later, became the "crux" of the states case. The prosecutions
theory being that the person who had committed the crime, had laid
the weapon on this shirt.  See Blood Spatter...

He did not touch or remove anything that was actually related to
the crime, which is shown in the police records of evidence
collected at her apartment. Nor did he dispose of the shirt.

Shortly after that Brett placed two calls anonymously to 911.
(There were a total of four 911 calls made, of which Brett had
made two). Brett then went and spoke with the detectives at the
crime scene letting them know he had known the victim, although
at that time they did not discuss Brett's finding Winda.
The police department called him the next morning to ask him to
come in for an interview. Brett did not have transportation so Det.
Urbank agreed to pick Brett up and return him home.  As they
returned to Brett's home, Det. Urbank was instructed to place Brett
under arrest for his traffic warrants. Once they had arrested Brett
for these warrants, at 9:30 am,  Brett proceeded to tell them about
finding Winda's body, the 911 calls, and about the tee shirt.  Brett
consented to a search of his home without the need for a search
warrant although one was obtained.
See State's Perjury...

Brett cooperated with the entire investigation, this included, but not
limited to, answering questions, consenting to a search of his
home, and having his entire body photographed the day after the
murder. Brett's body showed not a single scratch, nick, mark,
bruised knuckles, or anything else that is consistent with an attack
such as the one that Winda had suffered. The only mark on his
body was, as the police described themselves, a "well healed"
scuff on his left elbow that he had received several days prior while
moving crates at work. When they turned their suspicion towards
Brett, he even volunteered to take a lie detector test. When
inquiries were made about the results of that test, the police
"claimed"  that the machine had not been working properly.

There is a great deal of poor detective work, and a blatant pattern
of withholding evidence by the prosecution, just further proof of the
State's rush to convict.

In July of 2004, Brett's mother filed a Public Records Act request
and obtained, at her own expense, a copy of Brett's case file from
the prosecutors office. In those documents we have discovered
that Brett's trial attorney hired nationally renowned forensic experts
Barton Epstein and Terry Laber to review Rod Englert's (the
State's blood spatter person) findings . Both of whom found
Englert's testimony to be wrong, if not outright fraudulent. Yet his
attorney never called them to testify, nor did he ever pass on the
information that he had hired them, or any of their findings onto his
appellate attorneys.

Also found; was a report stating the clock that had the cord cut
from it DID have numerous prints lifted from it.
Also an evidence report of the same clock which had "prints
compared" written on it.

Also found; was a report stating numerous prints were lifted from
the sponge mop handle. Accompanying this report were photos of
the lift tape used on the mop handle, clearly showing numerous
prints.

Also found; a report stating numerous prints were lifted off of the
beer bottles retrieved from the trash bag found in the dumpster
outside of Winda's apartment building. Crime Scene Investigator
Gregory Harrison testified at the trial that NO fingerprints were
lifted off of any of these items. (The only reasonable explanation
for the state withholding these police reports is that none of the
fingerprints match Brett. See Police Department Report...

Based on the coroner testimony that the semen was deposited "at
or around the time of death Brett demanded DNA testing. In April of
2004 District Court Judge James S. Gwin ordered testing of only
the semen samples. In June of 2004 the results came back as
belonging to Brett, which Brett never denied.

In the Public Records Act request,
Also found: a document that proved Brett's claims that the coroner
had to be wrong on the time of deposit. A report by Capt. R.
Mullins, which documented a phone call from the coroner three
days after the murder in which the coroner states to him, that the
semen was about 36 hours old. Thereby putting the true time of
deposit back around when Brett had said he was with her - 13
hours before her murder, around 3:30.

Also found; in the same report by Capt. R. Mullins, the coroner
asks if the clock showed a.m. or p.m. When Capt. Mullins said it
showed neither, the coroner states the time of death could be
either the a.m or p.m. time. Which contradicts his adamant,
between 3 - 5p.m., time of death at trial.

None of the above mentioned public records were ever turned over
to his trial or appellate attorneys.

And despite repeated requests, additional physical evidence that
was collected at the scene, the used condoms
and the hairs found on the body, have never been subjected to
DNA testing.



Continue to; Blood Spatter Page
Events That Led To Brett's Arrest
Events That Led To Brett's Arrest
Bookmark and Share