Tag Archives: Evidence

HOW A GHOST’S EVIDENCE CONVICTED A MURDERER

A1In July of 1897, Edward Stribbling (Trout) Shue was convicted of first-degree murder for strangling his wife and breaking her neck. Trout Shue’s trial, held in Greenbrier County, West Virginia, rested entirely upon circumstantial evidence that strangely proved Shue’s guilt—beyond a reasonable doubt—to jurors who were presented evidence from beyond the grave.

The “facts” included postmortem statements from Shue’s wife, Zona Heaster Shue, who was said to appear before her mother four weeks after death and reported what truly occurred in her murder. It was the first—and only—time testimony from a ghost was admitted as evidence in a United States Superior Court trial and it secured a conviction.

A10At 10:00 a.m. on January 23, 1897, twenty-three-year-old Zona Shue’s body was found by an errand boy. She was lying on the floor in their house, face down at the foot of the stairs, stretched with one arm tucked underneath her chest and the other extended. Her head was cocked to one side.

Trout Shue arrived home before the coroner, Dr. George Knapp, attended. Shue had already moved his wife’s body to their bed where he’d dressed her in a high-necked gown. As Dr. Knapp began examining Zona, Trout Shue exhibited overpowering emotions and cradled Zona’s head and her shoulders, sobbing and weeping. Dr. Knapp stopped his exam out of respect for the grieving spouse and signed-off the death to “everlasting faint”.

A14A traditional wake was held before Zona’s next-day burial and attendants noticed peculiar behavior from Trout Shue. When the casket was opened for viewing, he immediately placed a scarf over Zona’s neck as well as propping her head with a pillow and blanket. Shue then put on another spectacular show of grief and made it impossible for mourners to get a close look at her face.

Zona Shue was buried in the Soule Chapel Methodist Cemetery in Greenbrier County. Initially, everyone who knew the Shules accepted Zona’s death as not suspicious—except for her mother, Mary Jane Heaster.

Heaster disliked Shue from the moment they met and suspected foul play at hand. “The work of the devil!” Heaster exclaimed. She prayed every night, for four weeks on end, that the Lord would reveal the truth.

Then, in the darkness of night, when Mary Jane Heaster was wide awake, Zona’s spirit allegedly appeared.

A9It was not in a dream, Heaster reported. It was in person. First the apparition manifested as light, then transformed to a human figure which brought a chill upon the room. For four consecutive nights, Heaster claimed her daughter’s ghost came to the foot of her bed and reported facts of the crime that extinguished her life.

Zona’s ghost was said to reveal a history of physical abuse from her husband. Her death resulted in a violent fight over a meal the night before she was found. Trout Shue was said to have strangled Zona, crushing her windpipe and snapping her neck “at the first joint. To prove dislocation, Zona’s figure turned its head one hundred and eighty degrees to the rear.

A4Mary Jane Heaster steadfastly maintained her daughter’s ghost was real and Zona’s reports of the cause of her death were accurate. Heaster was so compelling in her paranormal description that she convinced local prosecutor, John Preston, to re-open the case.

Preston’s investigation found Trout Shue had a history of violence. In another State, he’d served prison time for assaults and thefts. He’d been married twice before—one other wife dying under mysterious circumstances. By now the Greenbrier community was reporting more peculiar behavior from Shue. He’d been making comments to the effect that “no one would ever prove I killed Zona”.

Combined with Coroner Knapp’s admission that he failed to conduct a thorough exam, Preston established sufficient grounds to exhume Zona’s body and conduct a proper postmortem examination.

A17Zona was autopsied by three medical doctors on February 22, 1897 with the official cause of death being anoxia from manual strangulation compounded by a broken neck. Bruising consistent with fingermarks was noted on Zona’s neck, her esophagus was contused, and her first and second cervical vertebrae were fractured. Anatomically, they’re known as the C1 Atlas and the C2 Axis which combines to make the first joint at the base of the skull.

An inquest was held and Trout Shue was summoned to testify. Although he denied being present at the time of Zona’s death and bearing culpability, he was unable to establish an alibi and considered an unreliable, self-serving witness. It was ruled a homicide and Trout Shue was charged with her murder.

A12Trout Shue’s first-degree murder trial began in Greenbrier Circuit Court on June 22, 1897. A panel of twelve jurors was convened who heard evidence from a number of witnesses, including Shue himself.

John Preston was reluctant to subpoena Mary Jane Heaster as a witness, fearing her ghost story would damage credibility. However, Shue’s defense lawyer opened that can of worms and called Zona’s mother to the stand. Evidently, it backfired.

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This verbatim excerpt is from the transcript of Mary Jane Heaster’s testimony. It’s still on record in the West Virginia State Archives:

Defense Counsel Question I have heard that you had some dream or vision which led to this post mortem examination?
Witness Heaster Answer It was no dream – she came back and told me that he was mad that she didn’t have no meat cooked for supper. But she said she had plenty, and said that she had butter and apple-butter, apples and named over two or three kinds of jellies, pears and cherries and raspberry jelly, and she says I had plenty; and she says don’t you think that he was mad and just took down all my nice things and packed them away and just ruined them. And she told me where I could look down back of Aunt Martha Jones’, in the meadow, in a rocky place; that I could look in a cellar behind some loose plank and see. It was a square log house, and it was hewed up to the square, and she said for me to look right at the right-hand side of the door as you go in and at the right-hand corner as you go in. Well, I saw the place just exactly as she told me, and I saw blood right there where she told me; and she told me something about that meat every night she came, just as she did the first night. She cames [sic] four times, and four nights; but the second night she told me that her neck was squeezed off at the first joint and it was just as she told me.
Q Now, Mrs. Heaster, this sad affair was very particularly impressed upon your mind, and there was not a moment during your waking hours that you did not dwell upon it?
ANo, sir; and there is not yet, either.
Q And was this not a dream founded upon your distressed condition of mind?
A No, sir. It was no dream, for I was as wide awake as I ever was.
Q Then if not a dream or dreams, what do you call it?
A I prayed to the Lord that she might come back and tell me what had happened; and I prayed that she might come herself and tell on him.
Q Do you think that you actually saw her in flesh and blood?
A Yes, sir, I do. I told them the very dress that she was killed in, and when she went to leave me she turned her head completely around and looked at me like she wanted me to know all about it. And the very next time she came back to me she told me all about it. The first time she came, she seemed that she did not want to tell me as much about it as she did afterwards. The last night she was there she told me that she did everything she could do, and I am satisfied that she did do all that, too.
Q Now, Mrs. Heaster, don’t you know that these visions, as you term them or describe them, were nothing more or less than four dreams founded upon your distress?
A No, I don’t know it. The Lord sent her to me to tell it. I was the only friend that she knew she could tell and put any confidence it; I was the nearest one to her. He gave me a ring that he pretended she wanted me to have; but I don’t know what dead woman he might have taken it off of. I wanted her own ring and he would not let me have it.
Q Mrs. Heaster, are you positively sure that these are not four dreams?
A Yes, sir. It was not a dream. I don’t dream when I am wide awake, to be sure; and I know I saw her right there with me.
Q Are you not considerably superstitious?
A No, sir, I’m not. I was never that way before, and am not now.
Q Do you believe the scriptures?
A Yes, sir. I have no reason not to believe it.
Q And do you believe the scriptures contain the words of God and his Son?
A Yes, sir, I do. Don’t you believe it?
Q Now, I would like if I could, to get you to say that these were four dreams and not four visions or appearances of your daughter in flesh and blood?
A I am not going to say that; for I am not going to lie.
Q Then you insist that she actually appeared in flesh and blood to you upon four different occasions?
A Yes, sir.
Q Did she not have any other conversation with you other than upon the matter of her death?
A Yes, sir, some other little things. Some things I have forgotten – just a few words. I just wanted the particulars about her death, and I got them.
Q When she came did you touch her?
A Yes, sir. I got up on my elbows and reached out a little further, as I wanted to see if people came in their coffins, and I sat up and leaned on my elbow and there was light in the house. It was not a lamp light. I wanted to see if there was a coffin, but there was not. She was just like she was when she left this world. It was just after I went to bed, and I wanted her to come and talk to me, and she did. This was before the inquest and I told my neighbors. They said she was exactly as I told them she was.

Now, whether jury members accepted Mary Jane Heaster’s ghost story as being credible, or if it made any difference to their interpretation of the facts, will never be known. And it’s on record the trial judge cautioned jurors about the reliability of circumstantial evidence:

A5“There was no living witness to the crime charged against Defendant Shue and the State rests its case for conviction wholly upon circumstances connecting the accused with the murder charged. So the connection of the accused with the crime depends entirely upon the strength of the circumstantial evidence introduced by the State. There is no middle ground for you, the jury, to take. The verdict inevitably and logically must be for murder in the first degree or for an acquittal.”

A6The jury was out for an hour and ten minutes before returning to find Trout Shue guilty of murdering his wife, Zona, in the first degree. He was sentenced to life imprisonment and died of an epidemic disease three years later.

I’d love to go back in time and be a fly on the wall during that deliberation. What they discussed in that sequestered room has long gone to the grave, but I find Mary Jane Heaster’s testimony about Zona’s fractured vertebrae to be downright spooky.

GENOMICS — THE FUTURE OF FORENSIC DNA PROFILING

A3Genomics is the scientific study of the molecular instructions encoded in your cells.  It maps your entire genetic structure. Till now, forensic science has focused on only identifying your cell’s nuclei signature — your inner DNA (deoxyribonucleic acid) and, to a degree, your outer miDNA (mitochondrial DNA) — not your genes. The old method of forensically profiling your biological fingerprint by DNA analysis is being replaced by a computerized 3D genome recreation of your entire being.

A17Genomics is a concept first developed in the 1970’s. It led to the Human Genome Project (HGP) being completed in 2003. The HGP was a massive international research venture that sequenced and mapped all of the human cell genes — together known as the genome. The HGP gave us the ability to read nature’s complete genetic blueprint for building a human being. Like you.

So what’s a genome?

A14A genome is the whole ensemble of your genetic material. It’s the molecular guide of your DNA, your chromosomes, and your genes that tells how to make your cells. It’s the instruction manual for your body. That book is your genome and the study of that book is termed genomics. It’s pretty much a math exercise. And it’s deadly stuff for identifying criminals with.

Let’s take a quick look at your biology.

A35Deoxyribonucleic acid is the chemical compound that contains the instructions to develop and direct your life as an organism. DNA molecules are made of two twisting, paired strands, often referred to as a double helix.

Each DNA strand is made of four chemical units, called nucleotide bases, which comprise the genetic “alphabet.” The bases are adenine (A), thymine (T), guanine (G), and cytosine (C). Bases on opposite strands pair specifically — an A always pairs with a T — a C always pairs with a G. The order of the As, Ts, Cs, and Gs determines the meaning of the information encoded in that part of a DNA molecule. It’s just like the order of letters determine the meaning of a word, only DNA is written out in a barcode locus.

Every single cell in your body contains a complete copy of the 3.2 billion DNA base pairs, or letters, that code your human genome.

DNA’s four-letter language contains information needed to build your physical body. A gene refers to the unit of DNA that carries the instructions for making a specific protein, or set of proteins, and there’s 23,000 genes in your genome code. Each gene directs an average of three proteins.

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If you could peer inside your cells, you’d see your genome contained in 46 tightly packed bundles of DNA — 23 came from your mother and 23 from your father. These DNA bundles, called chromosomes, provide instructions that enable a one-cell embryo to develop into a 100 trillion-cell adult. So, every time the human body produces a sperm or an egg, 3 billion DNA letters must be copied and packaged so they can be passed along to future offspring.

A31Humans come in many shapes and sizes, but we’re all very similar at the DNA level. In fact, the genomes of any two people are more than 99% the same. Still, the tiny fraction of the genome that varies among humans is critical when it comes to forensically identifying a particular individual. DNA variations are part of what makes each of us unique, but it’s in the genes that the real difference lies. They direct what you look like.

Okay. Enough of the biology lecture. How is genomics gonna catch some crooks?

It’s not just genomics. Science now has a great handle on how your DNA is formed and how your genes fine-tune your uniqueness. The problem has been in how to process a staggering forensic workload that has bottlenecked the crime labs and the courts — and how to put a face and a name to an unidentified DNA profile..

A26The answer lies in genomic computerization. The good news is that technological progress is being made faster than anyone ever dreamed possible. Now the labs are looking at your entire genome package for identification, not just at that little bit of nucleic or mitochondrial DNA which is dirty, volatile, and time-consuming stuff to process.

Advancements in computerized processing are allowing crime labs to build an entire picture of you as a suspect — not just an impersonal, academic graph of the matching points in either your biological evidence sample that you left behind at the scene, or your known reference sample that investigators obtained from you.

A2Think about how many cold cases there are where the investigators have a clear DNA profile of you as the perpetrator, but they have absolutely no clue what you look like. They have no idea whether you’re young or old, black or white, have green eyes or brown. They don’t know your hair color or texture. They don’t know if you’re tall or short. And, in some cases, they don’t know if you’re male or female.

Genomic profiling is going to change the game. Computers will speed it up. 

A25Illumina Corporation of San Diego is a world leader in Forensic Genomic technology. They’ve developed a process called Next Generation Sequencing (NGS) that can simultaneously analyze every locus-point in a traditional DNA barcode using less than 1 nanogram of a sample in a fraction of traditional turn-around time that it’s currently taking.

Illumina is also at the forefront of developing the new cornerstone of contemporary forensic science — being able to generate a physical description of the DNA’s donor based on their genome profile.

A22Think about the ramifications. It’s not only going to assist in solving current cases. It’s going to give a physical look at the perpetrators of cold cases. Identify found remains with no names. Help in sorting disaster victims. And make accurate aging estimations for missing children.

The speed and accuracy of forensic genomic profiling will have far reaching effect on the costs in the criminal justice system. Faster and higher rates of identification will remove more dangerous offenders from society and the reliability of their forensic identifications will result in less trial time. It will reduce investigator workload in chasing blind leads. And it will, undoubtedly, save lives.

A29I think we’re in a fascinating time, watching technological advancements in forensic sciences. Genomic profiling is a fantastic breakthrough. We’re close to the day when your tiny biological dropping at the scene of your crime will go into a machine, the button pressed, and not just will your virtual mugshot come out — it’ll build a full-color, 3D image of your entire person right from your molecules to your moles.

Yes, science has come a long, long way in understanding how your human genome instruction book is written.

God knows who wrote it.

FORENSIC FACTS IN THE JFK ASSASSINATION

Forensic WorkshopHere’s a bit of news for DyingWords followers that I’m kinda proud to share. I’ve been invited to present at the 4th International Conference on Forensic Research & Technology being held on September 28-30, 2015, in Atlanta.  I’ll be doing a 2 hour workshop on The Forensic Facts in the JFK Assassination

The theme of this years conference is From Evidence To Verdict . It’s a prestigious event attended by hundreds of prominent forensic scientists and tech wizards from around the world, so it’s really humbling to be recognized for my dig into the JFK murder. Here’s the abstract I submitted which outlines the presentation.

LHO Backyard 6Fifty-one years after United States President John F. Kennedy was assassinated in Dallas, Texas, nearly eighty percent of Americans polled believe that Lee Harvey Oswald was involved in a conspiracy to murder JFK. A portion even think that Oswald might have been completely innocent – the ‘patsy’ which Oswald claimed to be.

The JFK evidence was never presented in a trial and Oswald’s ‘twelve peers’ were never asked to deliver a verdict because Oswald was murdered before he could stand trial. Six different government investigations have resulted in conflicting conclusions. In fact, the last probe in 1978 found a possibility that a second gunman fired, therefore there was a ‘probability’ of conspiracy.

CE399A half century has produced many forensic breakthroughs, some of which applied to the JFK homicide give us a better understanding of what really went down in Dealey Plaza, on November 22nd, 1963, and a clearer look at Lee Harvey Oswald’s guilt or innocence.

If you were presented the factual forensic evidence, what would your verdict be?

LHO Rifle -Lt DayJoin retired homicide detective, forensic coroner, and firearms expert Garry Rodgers as he lays out the forensic facts in the JFK case and how modern science interprets it. Rodgers’s life-long study of the most thoroughly investigated, highest profile homicide case of all time is delivered in an easy to follow and understand look at the ballistics, acoustics, autopsy, photographic, fingerprint, document, and other forensic evidence.

Attend this two hour workshop and deliver your own verdict on who murdered America’s 35th President.

Here’s the link to the conference website  http://forensicresearch.conferenceseries.com/ There’s a cool promo-banner there.

JFKSome additional news is that my book Lone Nuts – A No BS Guide to the JFK Assassination is with Wiley Publishing to be released as The JFK Assassination For Dummies.