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Brett had seen Winda the day before she was murdered, although he was not the last person to see her. She had
been seen on the streets of Akron, 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 in the prosecutors
handwriting.
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.
Brett's appeals have been denied.
been seen on the streets of Akron, 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 in the prosecutors
handwriting.
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.
Brett's appeals have been denied.
| Brett Hartmann Innocent On Ohio's Death Row |
| Events That Led To Brett's Arrest |
