Kevin Brian Dowling

THE CASES

Case No. 952 CA 97, Robbery, Crim. Att. at Rape (sentenced to 9-18 years)
Date of the Crime: 8-5-1996
Date of Conviction: 4-29-1998

Case No. 5365 CA 97, Criminal Homicide (sentenced to death)
Date of the Crime: 10-20-1997
Date of Conviction: 11-6-1998

In short, this case involved an alleged armed robbery of a woman in a framing gallery. I was arrested and falsely charged with this four months later. Allegedly, the day before my arrest, the victim now claimed to have been assaulted as well. After 80 days, I was released on a bailbond. Eight months later, the alleged robbery victim was shot to death at a new framing gallery miles away, only two weeks before my trial was set to begin. I was re-arrested nine days after the murder, and accused of killing the victim to prevent her testimony. I have been in prison since that day, 29 October 1997.

The alleged armed robbery occurred at 10:45 A.M. on August 5th, 1996. I lived nearly 40 miles away from the robbery scene. I was a General Manager for a restaurant company. I had been offered a better position with another company, which would require me to train 49 miles from my home for 3 months, and only 9 miles from the robbery scene. On the date of the robbery, I had to drive past the robbery scene around 10:00 A.M. on my way to visit my future training store in Hanover, York County. I had to pass the robbery scene around 11:00 A.M. going the other direction, until I connected to Route 74 North, and headed to my restaurant to work that day. I arrived there around 11:30 A.M.

The suspect was seen crossing the road near the robbery scene at around 10:50 A.M. and getting into a car parked on the berm. He crossed behind a moving car occupied by an elderly couple, and in front of a police car driven by Officer Haines. At the robbery trial in April 1998, Officer Haines testified to this and that he looked right at the suspect. He did not identify me or my car.

The elderly couple who saw the suspect at the same moment as Officer Haines, crossing behind their moving car. Mr. Jarmon testified he was the passenger, while his wife drove. They apparently did see me in my car on Route 74, about six miles away from the robbery scene. They both admitted to being exposed to over 6 months of extensive and prejudicial media coverage of the robbery, and subsequent murder. They were both hypnotized by a police officer hypnotist, and it altered their memories. Mr. Jarmon testified that the police led them to my car in their impound lot the day after my arrest in the robbery.

The robbery trial took place in April 1998, 20 months after the alleged robbery, and 6 months after the murder. At the robbery trial, Mr. Jarmon insisted that he saw me cross the road near the robbery scene, and that he saw me again on Route 74 at a red light a short time later. He insisted it was my 1991 Lincoln Continental both times, in contradiction to the testimony of Officer Haines. The jury never heard the evidence impeaching his testimony and tainted identification.

The victim did not testify of course, because she had been murdered. But her description of the robbery suspect was given to the jury, through the testimony of Officer Crider. She had described the suspect as a white male, later 40's, fair complexion, 5'6", 185 pounds, short cut light or grey hair, wearing a black baseball cap with gold clusters and naval logo, olive green dress slacks, darker green waist-length dress jacket, cream colored button down shirt, multicolored tie, unknown color dress shoes, aviator style sunglasses, was left handed, had military or police demeanor, well mannered, and told her he just got out of prison and did not want to go back.

The jury could observe my appearance at trial of course, and the police read the details from the arrest report. I am a white male, I was 38 years old then, ruddy complexion, 5'11", 205 pounds, mostly bald with reddish crown, did not own any matching clothing, I did own a $8.00 pair of sunglasses, I am right-handed, I never had any police or military training, and I never was in prison. The only change, by the time of trial, I was nearly 40 years old, and while in prison awaiting trial, I lost over 30 pounds.

The trial judge had refused to dismiss the robbery case, on the grounds that it violated my right to confront my accuser. She delayed a Motion to Dismiss twice, and gave the police and prosecutors two months to meet with other witnesses to coach completely new statements from them, which were erroneously ruled admissible as “excited utterance” exceptions to hearsay.

A U.P.S. delivery driver, Gary Altland, testified that he arrived at the robbery scene at 11:00 A.M. according to his delivery computer. He said the victim reported she had been robbed at gunpoint and tied up. She told him she might know the suspect, that someone was playing a trick on her, that she did not want the police or her husband called. He left and had the woman at a nearby animal hospital call police at 11:09 A.M. He told police he did not see a suspect or vehicle. After this trial 20 months later, he now claimed a much different account. He claimed that she came down the steps tossing ropes off, with a torn blouse and a bra up around her neck. He claimed she said the suspect tried to rape her. Officer Crider testified he arrived at 11:15 a.m., and found the victim on the phone to police then herself. He was not told about an attempted rape, her clothes were in order, and he saw no rope marks on her wrists or ankles, as Altland claimed. Altland also now claimed that he saw something go by him quickly as he was bringing in packages, then heard tires squealing and horns blowing. Officer Haines testified that he saw the suspect get into the car at around 10:50 A.M., ten minutes before Altland even arrived. Neither “911” call was ever played for me or the jury at trial. In 2001, Det. Snell told my attorney they destroyed both recordings.

My public defenders refused to present any of my 43 defense witnesses or evidence supporting my innocence, and they arranged with the trial judge to keep me silent with a 50,000 volt stun belt. They helped the prosecution win the conviction. The jury never heard my side of the case. I was convicted of armed robbery, criminal attempt at rape, and indecent assault.

Two months after the robbery conviction, my public defender withdrew from the pending homicide trial. They helped her obtain a prosecutor position in another county.

The trial judge sentenced me to 9-18 years in prison, despite no prior criminal record. They used this conviction to argue motive for the murder, and support both aggravating factors in the death penalty.

The trial judge, herself a former prosecutor, then appointed another former prosecutor to defend me at the murder trial.