9 Primary Falsehoods of the “Shadow of a Doubt”
Forensic Files Program

by Kevin Brian Dowling

[Paper Version Click Here]

1. Alleges That I Gave Police The Fishing Videotape And Claimed It As My Alibi For The Murder

It is well documented in the police reports and the trial records that the State Police took the fishing videotape from my wife without a warrant at 5:30 A.M. on October 21, 1997 while I was at work. I never said it was my alibi, and I tried to get it back as documented.

2. Alleges That I Confessed To Police That I Left The Lake After They  Determined Portions Of The Videotape Had Altered Timestamps

It is well documented in the police reports and the trial records that I never told police any such thing. After I was arrested on October 29, 1997, I never spoke to them again. I told my Public Defenders on October 30, 1997 that I had left the lake to go to Adultworld and altered some time stamps to conceal trip from my wife. My alibi was not filed to the court until August 26, 1998. Professor Boyle did not tell police that the timestamps were altered until September 28, 1998.

3. Alleges That It Took 45 Minutes To Drive From Muddy Run Lake To The Murder Scene In Spring Grove

It is well documented in the police reports and the trial records that the State Police timed that drive on April 6, 1998 and took most direct route there. They determined it was 40.1 miles and took 63 minutes to drive. This is not a trivial point. It is key to other falsehoods.

4. Alleges That Several Witnesses Saw Murder Suspect Running From Scene  Wearing A Wig And A Flannel Shirt And Bluejeans That Dowling Was Wearing  That Day In Fishing Video

It is well documented in police reports and the trial records that 7 of 8 trial witnesses who saw the suspect did not report suspect running, or wearing the exact clothing I wore in fishing video, even though it was listed in many media reports. None of them identified me at trial. Some did see suspect with black wig. Only Sandra Sue Eller lied at trial as proven by police reports, and claimed I was the suspect. At trial, she claimed she did not remember the clothing.

5. Alleges That Dowling Was Left-Handed, Depicts Actor Firing Gun Left-Handed And Shows Photo Of Dowling Holding Phone In Left-Hand

As documented in police reports and trial records, the police admitted that I am right-handed. They wanted you to believe that I am left-handed to support the testimony that a tiny amount of alleged gunshot residue was detected on the left-sleeve of my flannel shirt, but none on my right side at all. The entire experiment by Schwoeble was contrived. That photo of me was from the 1980's and was not part of this case. I imagine my ex-wife gave it to you, along with other family photos used on this program. By the way, a right-handed person holds a phone in their left-hand so they can write with their right-hand, especially with my 20 years of management experience.

6. Alleges That They Ruled Out Steve Myer's .357 caliber Smith & Wesson  Revolver As The Murder Weapon

As documented in lab reports and trial testimony, Corporal Rottmund testified that the victim was shot three times with a .357 Smith & Wesson revolver on October 20,1997. On October 21,1997, the police learned that Steve Myers owned that very weapon, lab results of murder bullets known on October 24, 1997. They arrested me on October 29, 1997. They did not retrieve Steve Myers revolver until November 6, 1997. On November 20, 1997 they determined that bullets fired from his gun compared to murder bullets produced 5 lands and grooves with a right twist, and could not be ruled out. At trial one year later, he admitted this on defense cross-examination but on prosecution re-direct over defense objection, he was allowed to give a contradictory personal opinion. The jury did not understand.

7. Alleges Steve Myers Was Verified To Be At Work At Time Of Murder

As documented in police reports and trial testimony, Steve Myers worked 10 minutes away at Defense Contractor Plant. Police obtained his time card showing he was punched in from 5:00 A.M. until 3:00 P.M. That is not proof he never left, there were over 1,000 employees in 1997. Myers testified he left work at 3:00 P.M. and arrived at murder scene to find his wife shot to death at 3:07 P.M. He phoned "911". At least one witness who never testified told police she saw Myers there around 2:00 P.M. Robert Curlen and Cory Meckley heard the three shots at 12:57 P.M. Myers could easily have committed the murder and returned to work within a 20 minute span, passing it off as a smoking break.

8. Alleges That "911" Recording Was Part Of Trial Playing Part On Program

 As documented in trial record, neither the jury nor I ever heard the "911" calls made by Steve Myers or the Ambulance Driver. Yet, they provided them to your producers. All we have is an Operator Receipt. We need the recordings and transcripts of those calls. They admit to destroying the records of the two "911" calls in the Robbery case. Just hearing the small part on this program, it proves that Steve Myers altered his trial testimony compared to what he reported to police on October 20, 1997 and later.

9. Alleges Professor Boyle's Testimony Was Necessary To Discredit The Use Of The Fishing Video As An Alibi For Murder

As previously mentioned, and detailed in police reports and court records the Fishing Video was illegally obtained from my home when I wasn't there, and never filed as an alibi. As now proven, I told my Public Defenders about my alibi at Adultworld on October 30,1997 and they concealed evidence to support it. They refused to file an Alibi Notice. After they fixed the Robbery trial in April 1998 by presenting no defense, they withdrew and Gerald A. Lord, Esq. was appointed for the pending murder trial and did a second investigation of my alibi, mostly cursory. He filed a Notice of Alibi on August 26,1998 stating that I would testify that I was at Adultworld in Harrisburg at 12:57 P.M. on October 20,1997 at the time the murder occurred in Spring Grove about 40 miles south. Public Defender Kuebler then resigned and had help getting a prosecutor job in Centre County, where Attorney Lord sent her a letter and subpoena. She refused to testify, but I obtained her notes and interviews in 2001. The prosecution knew that I was testifying, Boyle's testimony was used to prejudice me with the jury, but they can't choose your alibi. But, Professor Boyle did in fact confirm that the timestamp of 10:45 A.M. placed me on the lake still. If you follow their evidence, it would take 63 minutes to drive to murder scene ( 11:48 A.M. if I flew from lake to parked car), I actually testified I left lake at 11:05 A.M. and arrived in Harrisburg at 12:20 P.M. Eller's computerized register receipt from Kennie's Market proves she saw murder suspect close-up wearing wig at 10:50 A.M., a time that placed me still at lake 40 miles away. Professor Boyle was used as a pawn by his former college student, the now exposed and disgraced former Judge Thomas Kelley, VI.