Pay Phone
On September 9, 1997, while Brett was with Winda Snipes, she
received a phone call at 3:31 am  
(TR 1823)

She did not answer the call, she let it ring until the caller hung up.
(TR 1650)

A few minutes later she told Brett that he had to leave because her
boyfriend was coming over.
(Tr 1823)

She received another call shortly after Brett left. She did not answer
this 3:36 am call either.
(Tr 1650)

Detective Joseph Urbank testified that the calls came from a pay
phone in Kennmore.
(Which is a great distance from Akron). (TR 1650)

During Brett's trial, his sister wrote down the phone number Det.
Urbank testified that had called Winda at 3:31 a.m. She called it
and discovered it belonged to a pay phone less than 100 yards
from Winda's apartment building, and which has a direct line of
sight to her windows. She informed Brett's attorney of this but he
ignored it.

On April 18, 2002 Brett's family hired an investigator to inquire into
the origination of that 3:31 am phone call. The investigator was able
to determine that the phone calls that Detective Urbank testified
about, came from a pay phone in Kennmore had actually come from
a pay phone on the corner of West Market Street and North
Highland Avenue. To view this affidavit click on the image below.








Administrators note;
We have no idea of what the states reasons were for withholding
the true origin of these phone calls.
It must be of some importance for a nine year veteran of the Akron
Police Department  (3 years as a detective) to commit such blatant
perjury on the witness stand, something that could so easily be
proven a lie.





PLA /Chuck Quinn's Perjury

Prosecutor Judy Bandy blatantly sought perjured testimony from a
rebuttal witness she called, "Police Legal Advisor / Detective Chuck
Quinn", testimony she knew to be false. The elicited testimony was
designed for one purpose only. To discredit Brett and his mother.

The entire reason that Police Legal Advisor/ Chuck Quinn was
brought in as a rebuttal witness was to say that Brett did not inform
the police about finding the body until after the search of his
apartment. This was not only a lie, but it allowed the prosecution to
destroy any credibility  that Brett or his mother had. Giving the jury
the illusion that he changed his story to meet the evolving evidence.

  • Det. Urbank testified at the suppression hearing that when he
    took Brett back home, Captain Gilbride pulled up and had him
    placed under arrest (for traffic warrants),and that he then took
    Brett back to the police station and placed in an interview
    room. (TR 36)

  • Lt. John A. Lawson testified at the suppression hearing /
    agreed with the prosecution that Brett was returned to the
    police station under arrest, and that he obtained a search
    warrant for Brett's apartment at 10:45 am. (TR 53)

Based on the testimony of Det. Urbank and Lt Lawson, Brett was
taken home, placed under arrest for traffic warrants, and was then
returned to the police station. At approximately  9:30 a.m.  Brett told
the police about the 911 calls, finding Winda, and the tee shirt he
had taken home.  It was not until 10:45 am that a search warrant
was obtained and that his apartment was searched.

  • Yet, Chuck Quinn testified that Brett was not brought back to
    the police station until after the first search of his apartment.
(TR 1932, 1922)

Chuck Quinn's testimony is in direct contradiction to every other
detective's testimony that the state had testify.
Chuck Quinn's testimony about when the search was done was
extremely important at trial, and is believed to have played a major
role in Brett's conviction. Unfortunately , to fully appreciate and
recognize his perjury a full review of all transcripts must be done
with this in mind. Brett's attorney, Mr Witney did little to point out the
perjured statements to the jury, even though he knew them to be
false.

Continue To; Prosecutor and Other Key People Page
State's Perjury
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