The "Afraid" Letter

[portofleith]

It is not factual that evidence was thrown out in Sacramento due to the statue of limitations.  Sgt. Bevins archived the case files and before relocating out of state, he turned them over to the Dictrict Attorney's office.  The detectives who worked this case, went to extraordinary personal efforts to preserve evidence that otherwise would have been thrown out.  Det. Crompton kept all of his case files as well.

SACRAMENTO BEE - March 17, 1988



CASE NOT CLOSED THE DESPERATE SEARCH FOR THE EAST AREA RAPIST COST MILLIONS OF DOLLARS AND THOUSANDS OF MAN-HOURS. NOW, 10 YEARS LATER, SGT. JIM BEVINS IS A POSSE OF ONE.

A SPARE BEDROOM in the Fair Oaks home of an inveterate outdoorsman has become the final repository of the exploits of the infamous East Area Rapist, a man widely characterized as a ""sexual terrorist.'' The dog-eared files, brittle police reports, fading crime-scene photos, rolls of inconclusive flow charts, bundles of computer effluvia, assorted scraps of expired evidence and the muted whimpers of 46 victims of Sacramento's most cunning criminal ever sit like boxes of old tax forms,...


The Statue of Limitations on rape in California has changed with the introduction of DNA evidence.

"There is a six year statute of limitations on non-consensual sexual battery or rape. However, there's a slippery-slope there, because there's an additional 1 year discovery rule which means if the attacker is identified by DNA evidence, then the attacker can be prosecuted within a year of discovery of his or her true identity, even if its past the 6 year statute of limitations. "

So , in other words, if DNA names an attacker for a rape older than 6 years, the DA has a year to initiate prosecution.

[Agent99 aka Sandia]

Nov 6, 2013 18:56:25 GMT jkearns said:

Nov 6, 2013 4:44:44 GMT agatha said:

I hate to say it but it's about space and money. And not necessarily in that order. Time, and crime, march on.....

Yes and unfortunately the ones making the decisions on tossing the evidence aren't the victims who suffered the most ..Nor the police officers who lived ate and breathed this case in talking with vics
and donated 100s of hours of their own time just to bring this man to justice..But the worst kind of human beings ADMINISTRATORS the ones whose job it is to focus on bottom line..and probably if you look through applications of people applying for that position a good percentage could be considered  psychopaths   i think maybe there eyes glow in the dark but its not yet been proven

Wow, you really have a good opinion of administrators, complete with eyes glowing in the dark.  LOL.  Protocol has to be followed, the law has to be followed.  So changing the law is the answer.

[Agent99 aka Sandia]

Nov 6, 2013 20:16:52 GMT portofleith said:

It is not factual that evidence was thrown out in Sacramento due to the statue of limitations.  Sgt. Bevins archived the case files and before relocating out of state, he turned them over to the Dictrict Attorney's office.  The detectives who worked this case, went to extraordinary personal efforts to preserve evidence that otherwise would have been thrown out.  Det. Crompton kept all of his case files as well.

SACRAMENTO BEE - March 17, 1988



CASE NOT CLOSED THE DESPERATE SEARCH FOR THE EAST AREA RAPIST COST MILLIONS OF DOLLARS AND THOUSANDS OF MAN-HOURS. NOW, 10 YEARS LATER, SGT. JIM BEVINS IS A POSSE OF ONE.

A SPARE BEDROOM in the Fair Oaks home of an inveterate outdoorsman has become the final repository of the exploits of the infamous East Area Rapist, a man widely characterized as a ""sexual terrorist.'' The dog-eared files, brittle police reports, fading crime-scene photos, rolls of inconclusive flow charts, bundles of computer effluvia, assorted scraps of expired evidence and the muted whimpers of 46 victims of Sacramento's most cunning criminal ever sit like boxes of old tax forms,...


The Statue of Limitations on rape in California has changed with the introduction of DNA evidence.

"There is a six year statute of limitations on non-consensual sexual battery or rape. However, there's a slippery-slope there, because there's an additional 1 year discovery rule which means if the attacker is identified by DNA evidence, then the attacker can be prosecuted within a year of discovery of his or her true identity, even if its past the 6 year statute of limitations. "

So , in other words, if DNA names an attacker for a rape older than 6 years, the DA has a year to initiate prosecution.

Hurray for Bevins and Crompton.  So...then the Afraid letter is still available but just not officially?  A six year statute of limitations is worse than I though.  Why should there be a statute of limitations.  If rape can be proved and especially when there is DNA!  Why should anyone get away with what the EAR did EVER!!!!!   Does this not bother anyone else?  Am I being dense?

[jkearns]

Nov 6, 2013 21:03:58 GMT Agent99 aka Sandia said:

Nov 6, 2013 18:56:25 GMT jkearns said:

Wow, you really have a good opinion of administrators, complete with eyes glowing in the dark.  LOL.  Protocol has to be followed, the law has to be followed.  So changing the law is the answer.

I said maybe they glow but if you can  provide me with medical documented proof by actual MD,, not a doctor of chiropractory i will retract statement..  remember burden of proofs on the accuser so until then my statement stands 

[portofleith]

Nov 6, 2013 21:07:19 GMT Agent99 aka Sandia said:

Nov 6, 2013 20:16:52 GMT portofleith said:

It is not factual that evidence was thrown out in Sacramento due to the statue of limitations.  Sgt. Bevins archived the case files and before relocating out of state, he turned them over to the Dictrict Attorney's office.  The detectives who worked this case, went to extraordinary personal efforts to preserve evidence that otherwise would have been thrown out.  Det. Crompton kept all of his case files as well.

SACRAMENTO BEE - March 17, 1988



CASE NOT CLOSED THE DESPERATE SEARCH FOR THE EAST AREA RAPIST COST MILLIONS OF DOLLARS AND THOUSANDS OF MAN-HOURS. NOW, 10 YEARS LATER, SGT. JIM BEVINS IS A POSSE OF ONE.

A SPARE BEDROOM in the Fair Oaks home of an inveterate outdoorsman has become the final repository of the exploits of the infamous East Area Rapist, a man widely characterized as a ""sexual terrorist.'' The dog-eared files, brittle police reports, fading crime-scene photos, rolls of inconclusive flow charts, bundles of computer effluvia, assorted scraps of expired evidence and the muted whimpers of 46 victims of Sacramento's most cunning criminal ever sit like boxes of old tax forms,...


The Statue of Limitations on rape in California has changed with the introduction of DNA evidence.

"There is a six year statute of limitations on non-consensual sexual battery or rape. However, there's a slippery-slope there, because there's an additional 1 year discovery rule which means if the attacker is identified by DNA evidence, then the attacker can be prosecuted within a year of discovery of his or her true identity, even if its past the 6 year statute of limitations. "

So , in other words, if DNA names an attacker for a rape older than 6 years, the DA has a year to initiate prosecution.

Hurray for Bevins and Crompton.  So...then the Afraid letter is still available but just not officially?  A six year statute of limitations is worse than I though.  Why should there be a statute of limitations.  If rape can be proved and especially when there is DNA!  Why should anyone get away with what the EAR did EVER!!!!!   Does this not bother anyone else?  Am I being dense?

It would be rather sloppy to take more than six years to prosecute an apprehended rapist and the right to a speedy trial is a fundamental constitutional right in the United States.  The new law builds in a one year deadline for prosecuting after DNA has been matched with a name.  So in other words,  even if a woman were raped today and fifteen years from now the DNA is matched to a name, there is still one year to file charges.

[Agent99 aka Sandia]

Nov 6, 2013 21:14:31 GMT jkearns said:

Nov 6, 2013 21:03:58 GMT Agent99 aka Sandia said:

Wow, you really have a good opinion of administrators, complete with eyes glowing in the dark.  LOL.  Protocol has to be followed, the law has to be followed.  So changing the law is the answer.

I said maybe they glow but if you can  provide me with medical documented proof by actual MD,, not a doctor of chiropractory i will retract statement..  remember burden of proofs on the accuser so until then my statement stands 

Well, all rightey then, as a great philosopher once said . LOL

[rocker]

"then the attacker can be prosecuted within a year of discovery of his or her true identity, even if its past the 6 year statute of limitations"

[Drifter]

Nov 6, 2013 21:45:59 GMT rocker said:

"then the attacker can be prosecuted within a year of discovery of his or her true identity, even if its past the 6 year statute of limitations"

So in the case of the East Area Rapist the effective statute of limitations has not expired?

Why were we not told of this three or four years ago?

[redding]

Nov 7, 2013 0:54:51 GMT Drifter said:

Nov 6, 2013 21:45:59 GMT rocker said:

"then the attacker can be prosecuted within a year of discovery of his or her true identity, even if its past the 6 year statute of limitations"

So in the case of the East Area Rapist the effective statute of limitations has not expired?

Why were we not told of this three or four years ago?

There are kidnapping charges from the EAR series that do not have a statute of limitations.  It doesn't really matter since he will be charged with 10 murders where his DNA is at the scene.  

[Drifter]

Nov 7, 2013 0:59:25 GMT redding said:

Nov 7, 2013 0:54:51 GMT Drifter said:

So in the case of the East Area Rapist the effective statute of limitations has not expired?

Why were we not told of this three or four years ago?

There are kidnapping charges from the EAR series that do not have a statute of limitations.  It doesn't really matter since he will be charged with 10 murders where his DNA is at the scene.  

Okay.  But my question really is ... at this late date can he still be prosecuted for the Sacramento rapes?

[portofleith]

Nov 7, 2013 0:59:25 GMT redding said:

Nov 7, 2013 0:54:51 GMT Drifter said:

So in the case of the East Area Rapist the effective statute of limitations has not expired?

Why were we not told of this three or four years ago?

There are kidnapping charges from the EAR series that do not have a statute of limitations.  It doesn't really matter since he will be charged with 10 murders where his DNA is at the scene.  

That is true Redding.  Plus I am not a lawyer, but I believe that the new laws required that a "John Doe" warrant be filed to leave the opening for the DNA prosecution at a later date.

Drifter:  i believe no charges on the rapes, beyond the attempted kidnappings.  Of course, the murders would take precedence in prosecuting anyway.

blogs.law.stanford.edu/lawandbiosciences/2010/02/07/john-doe-dna-warrants-and-the-statute-of-limitations/

[jkearns]

Nov 6, 2013 20:16:52 GMT portofleith said:

It is not factual that evidence was thrown out in Sacramento due to the statue of limitations.  Sgt. Bevins archived the case files and before relocating out of state, he turned them over to the Dictrict Attorney's office.  The detectives who worked this case, went to extraordinary personal efforts to preserve evidence that otherwise would have been thrown out.  Det. Crompton kept all of his case files as well.

well with electronic storage hopefully  they will keep evidence on cases that statute of limitation expired  for far longer    hopefully

[clandestineclementin]

Nov 7, 2013 1:26:00 GMT jkearns said:

Nov 6, 2013 20:16:52 GMT portofleith said:

It is not factual that evidence was thrown out in Sacramento due to the statue of limitations.  Sgt. Bevins archived the case files and before relocating out of state, he turned them over to the Dictrict Attorney's office.  The detectives who worked this case, went to extraordinary personal efforts to preserve evidence that otherwise would have been thrown out.  Det. Crompton kept all of his case files as well.

well with electronic storage hopefully  they will keep evidence on cases that statute of limitation expired  for far longer    hopefully

Why would extraordinary means have to be taken.  What about all of the other rape cases not involving EAR.  Do detectives have to have them saved with the DA or in their garage.  Why was LE upset with Larry Crompton for saving the files and demand them back as crompton states they did?  If the evidence is not saved how can there be a trial down the road?

[albion]

Jul 28, 2013 11:55:17 GMT geko said:

I wonder if Det. Compton has a copy. IIRC he saved some of the files that were being thrown out.

Has anyone conjectured that the writer of the letter was the owner of the oldsmobile and who suspiciously died in police custody? Didn't he hang himself with his jacket? And then 6 months later his car is seen and somehow it is not stopped. Wasn't his stepfather in the trash and refuse hauling business? Didn't gsk use a dumpster or something to hide once? Did not the family also have some towing business? Wasn't the contents of the trunk of the valiant found by employees of a tow yard?

I have never thought of a jacket as a very viable means of suicide. This guy would have had to be very determined. Maybe there was some tie strings on it?

Who at SAC would have been aware of the MAR 13th story and this poor kid being in lock up? And the speakers at the meeting? And the where abouts of the Ear task force? And could completely understandably misplace the Afraid letter? And let the oldsmobile slip on past?

So at this point no one knows if the letter still exists, and no one can give any solid idea to what was in it?

Does anyone have any faith that it was the work of some travelling commercial painter? 

[playinem]

Mar 16, 2014 16:58:54 GMT albion said:

Jul 28, 2013 11:55:17 GMT geko said:

I wonder if Det. Compton has a copy. IIRC he saved some of the files that were being thrown out.

Has anyone conjectured that the writer of the letter was the owner of the oldsmobile and who suspiciously died in police custody? Didn't he hang himself with his jacket? And then 6 months later his car is seen and somehow it is not stopped. Wasn't his stepfather in the trash and refuse hauling business? Didn't gsk use a dumpster or something to hide once? Did not the family also have some towing business? Wasn't the contents of the trunk of the valiant found by employees of a tow yard?

I have never thought of a jacket as a very viable means of suicide. This guy would have had to be very determined. Maybe there was some tie strings on it?

Who at SAC would have been aware of the MAR 13th story and this poor kid being in lock up? And the speakers at the meeting? And the where abouts of the Ear task force? And could completely understandably misplace the Afraid letter? And let the oldsmobile slip on past?

So at this point no one knows if the letter still exists, and no one can give any solid idea to what was in it?

Does anyone have any faith that it was the work of some travelling commercial painter? 

These investigations are rife with mistakes. I mean one, two, maybe even three mistakes but they are too numerous to count in these investigations. And no one has a copy of this letter? I think Albion has a strong point that the owner of the Oldsmobile (CA #TOR505) should have been looked into back in the day. I'm not sure what can be found now but his name was Michael Manier. He was a Vietnam Vet. A Sacramento resident. And, he died in custody of an apparent "suicide". There is no problem referring to Mr. Manier by name...everything here is true to the best of my knowledge and Mr. Manier has no legal expectation of privacy...he is dead.