Serving life for Ayer murder, ex-Green Beret sues for last Army...

Full story: Lowell Sun

Thirty years after William Tyree Jr. was convicted of ordering the murder of his wife in their Ayer apartment, the former Green Beret has filed a $5 million federal lawsuit against the Army, claiming he never ...
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21 - 40 of 107 Comments Last updated Friday Aug 15
Owryly

Sun Prairie, WI

#22 Jul 19, 2012
Dana McCurdy wrote:
I just ordered the vhs of the case I was wondering if there was any books out there on it I am interested. I am family of the victim down the line.
There's a ton of web stuff. One thing to check out is "The Cutolo Affadavit". This is all pretty spooky stuff when you consider how many colonels died suspiciously and how far they went to bug courtrooms and even politicians including Ted Kennedy and John Kerry. There's also a lot of research on Operation Watchtower, and Tyree's claims done by Mike Ruppert at "From The Wilderness" blog.
ANGLE TURNER

Loudon, NH

#23 Jul 23, 2012
Dana McCurdy wrote:
I just ordered the vhs of the case I was wondering if there was any books out there on it I am interested. I am family of the victim down the line.
On 01/28/04 Tyree received a copy of a letter from Floyd ("Jack") Hebb to District Attorney, dated "3/4/80". The Hebb to Droney letter was in an envelope with a return address of "SUFFOLK SUPERIOR COURT...BOSTON...".

The handwriting has been autheniticated as that of Mr. Hebb by a handwriting analyst. The letter states:

"I have been trying to tell you for some time. Earl Peters
knows the story, he mentioned to me he killed Elaine and cut
her throat!...I know some would change their minds about if
Bill did it." [Exclamation mark in original].

The date, "3/4/80", is at or near the time of Tyree's conviction.

Am uncertain whether Tyree's daughter has been made aware of this
letter, Droney's response or other correspondence from Edith Hebb
to and from Droney.

Angle Turner
Witness

Louisville, KY

#24 Jul 23, 2012
Owryly wrote:
<quoted text>
Anton, were you the bullflex guy from New York? The people in the room across from Erik were Tom, and the sax player from Somerville, blonde guy, great guy...I thought you were married and lived off base? Anyways Erik got most of the drugs from illicit sources. The CID spent a considerable amount of time trying to force me to tell them who he got the drugs from. It also put me into a position of being set up as a snitch, which I think they presumed would get me to crack out of fear for my life,(which had been threatened by the way),...I can tell you he was probably taking 20-30 blue valiums (not stamped) a day at the time he was arrested, and I'm sure when he killed Tyree.
He did it, he didn't even fight the case.
Everyone can say what they want, come up with conclusions, drug stories and whatever but the guy I say that day, the day of the murder, within 10 minutes of it happening was not Tyree or Erik! Therefore either he was an accomplice or didn't do it.
Witness

Louisville, KY

#25 Jul 23, 2012
ANGLE TURNER wrote:
<quoted text>
On 01/28/04 Tyree received a copy of a letter from Floyd ("Jack") Hebb to District Attorney, dated "3/4/80". The Hebb to Droney letter was in an envelope with a return address of "SUFFOLK SUPERIOR COURT...BOSTON...".
The handwriting has been autheniticated as that of Mr. Hebb by a handwriting analyst. The letter states:
"I have been trying to tell you for some time. Earl Peters
knows the story, he mentioned to me he killed Elaine and cut
her throat!...I know some would change their minds about if
Bill did it." [Exclamation mark in original].
The date, "3/4/80", is at or near the time of Tyree's conviction.
Am uncertain whether Tyree's daughter has been made aware of this
letter, Droney's response or other correspondence from Edith Hebb
to and from Droney.
Angle Turner
I agree that Peters knows the story!

Since: Apr 11

Loudon, NH

#26 Jul 23, 2012
Witness wrote:
<quoted text>
I agree that Peters knows the story!
The Tyree's landlord, Francis M. Gardner, gave (in part) the following notarized affidavit:

"...on the 30th of January, 1979...[a]s we approached the driveway...I observed a person walking away from the area of that driveway. He was wearing a dark jacket and pants, which I believe were blue jeans, he also had on a red shirt under the jacket and was carrying a box...It was a man whom I believe was a fellow by the name of Peters, whom Elaine Tyree objected to very strongly...".

The police were unable to enter the Tyree apartment until Gardner arrived with a key.

Angle Turner

Since: Apr 11

Loudon, NH

#27 Aug 9, 2012
Ca. April 11, 1979

"MR DEMICHAELIS: Your Honor, could I inquire about what information you may have beyond what I know of [Earle Michael] Peters' possible danger?

THE COURT: Nothing. We're all big boys, right? It's entirely possible that Peters is the knife man.

MR. SPADAFORA: I think you're right, I really do.

MR. DeMICHAELIS: All that I know...

THE COURT: That's off the record oompletely.

(Off the Record)

(Colloquy in camera ended)"

COMMONWEALTH OF MASSACHUSETTS v. TYREE, AARHUS
Probable cause hearing, Ayer, Massachusetts,
Ca. April 11, 1979, Transcript, Page 24-25 ("JGF
Court Reporters, Superior Courthouse, East
Cambridge," MA). Before Hon. James Killam
("THE COURT"), DeMichaelis for the
Commonwealth and Spadafora, Court appointed
counsel for Aarhus.
Always There

United States

#28 Aug 12, 2012
Judge Killam ruled evidence presented at Probable Cause hearing was not sufficient to charge Tyree. He vacated the indictment. While Tyree was being cleared for release, DA reworded indictment and charged Tyree with a different version of the crime. He never left the courthouse. The State really wanted him

Judge Killam also felt Earl Michael Peters' testimony was so compelling--and an eerie replica of Elaine Tyree's murder--that he told the police to arrest Peters. The police did not arrest Peters. He was given immunity instead.
ANGLE TURNER

Loudon, NH

#29 Aug 13, 2012
"COURT:...For Counsels' information and for the information of the Government, I do not believe that Erik Aarhus wielded the murder wapon at the time of the hearing [murder?]. I do believe he was present in the apartment, and I do believe that he was a principal in the muder. I do not believe he wielded the weapon.

MR. DEMICHAELIS: Again, if I may, I didn't write down what your Honor was saying, there are then...

COURT: These are all written out downstairs. There will be no probable cause on Tyree to conspiracy to murder, no probable cause to accessory before the fact to murder, and no probable cause [on?] murder in the first degree. As far as Tyree is concerned, there will be new complaints and probable cauae found on accessory after the fact to murder, conspiracy to obstruct justice, and obstuction of justice."

May 15, 1979, 13th Day
AYER COURTHOUSE, Ayer Massachusetts
COMMONWEALTH v. TYREE,AARHUS
Un-numbered transcript page,
"JGF Court Reporters Superior Courthouse
Cambridge...[MA]"

"COURT", Hon. James W. Killam, III
"DEMICHAELIS", Dante DeMichaelis for the
Commonwealth of Massachusetts
interested party

Boston, MA

#30 Oct 8, 2012
Anton Hoffman wrote:
I lived across the hall from Aarhus and he drove us Parachute Riggers to and from the airfield where we worked. Aarhus did it. He said that he was high on the drugs he would procure from Army MDs for a variety of ficticious maladies.He read Soldier of Fortune magazine and held real Green Berets in contempt because he fancied himself a cold blooded pro killer. He was, in the end, a skinny little nothing who snuffed out a beautiful light in this world and left a poor child an orphan. Tyree arranged it. Sp4 Peters told me himself when I was Charge of quarters at the barracks the day he came back to Devens.
Would like to discuss further, please contact me?
interested party

Boston, MA

#31 Oct 8, 2012
The wrong guys are in jail. I know this for a fact and its only a matter of time before the guilty party is brought to justice.
Witness

Finchville, KY

#32 Oct 9, 2012
interested party wrote:
The wrong guys are in jail. I know this for a fact and its only a matter of time before the guilty party is brought to justice.
You got that right!

Since: Apr 11

Loudon, NH

#33 Oct 12, 2012
Witness wrote:
<quoted text>
You got that right!
NOTICE:

Earl Michael Peters-
deceased, Nov. 14, 2001
Probably Clinton County, PA.
S/S records via " ARCHIVES.COM "

"DECISION"

...I make the following determinations

...III. Spec. 4 Earl Michael Peters...
...4. Murder of Elaine Tyree
in the first degree...

[Hon.] James W. Willam, III
Special Justice...
First Northern Middlesex Division
Erik V. Aarhus...William M. Tyree, Jr....
Case No. 271-272-273 of 1979
308 & 367...
...May 15, 1979"

Since: Apr 11

Loudon, NH

#34 Dec 11, 2012
"The evidence presented...clearly supports th[e] finding... that Rittgers gave his oral authorization for the search to Burzynski before either the military or the civilian authorities had left the CID headquarters to conduct the search at the barracKs... subsidiary findings of fact made by the judge below will be accepted by this court absent clear error"

COMMONWEALTH OF MASS. v. ERIK AARHUS 387 MASS 735,742 (1982)

" Q. Can you refer to your notes and tell us what time you
did get on the phone with the Colonel?...

A.... Yes, sir, approximately, 17:40, sir.

..........

" Q. It's your testimony that you were talking to the Colonel
at twenty minutes of six, is that correct?

A. Yes, sir."

COMMONWEALTH v. AARHUS & TYREE, Probable Cause hearing before
Judge James Killam, Friday, April 13, 1979,@ 159-Joseph Spadafora
defendant, cross of Special CID Agent Joseph Burzynski

" Q....[on] February 13th, whether or not at some time in the
latter part of the day, you rec3ived a call from Agent
Burzynski?

A. I did...
Witness

Louisville, KY

#35 Dec 11, 2012
ANGLETURNER wrote:
"The evidence presented...clearly supports th[e] finding... that Rittgers gave his oral authorization for the search to Burzynski before either the military or the civilian authorities had left the CID headquarters to conduct the search at the barracKs... subsidiary findings of fact made by the judge below will be accepted by this court absent clear error"
COMMONWEALTH OF MASS. v. ERIK AARHUS 387 MASS 735,742 (1982)
" Q. Can you refer to your notes and tell us what time you
did get on the phone with the Colonel?...
A.... Yes, sir, approximately, 17:40, sir.
..........
" Q. It's your testimony that you were talking to the Colonel
at twenty minutes of six, is that correct?
A. Yes, sir."
COMMONWEALTH v. AARHUS & TYREE, Probable Cause hearing before
Judge James Killam, Friday, April 13, 1979,@ 159-Joseph Spadafora
defendant, cross of Special CID Agent Joseph Burzynski
" Q....[on] February 13th, whether or not at some time in the
latter part of the day, you rec3ived a call from Agent
Burzynski?
A. I did...
Here is a fact, Peters was at the residence at the time of the murder.

Since: Apr 11

Loudon, NH

#36 Dec 11, 2012
Continuing previous post:

..........

Q. And, what time was it?

A. It was a little after six in the evening,
about 6:10.

..........

Q, Is it true, Colonel, that Agent Burzynski
and nobody else could have started that
search until you had given him permission;
until you had finished talking to him, is
that correct?

A. That's my understanding of my authority."

Friday, April 13, 1979 hearing,@ 15
Direct examination, of Colonel Forest
Rittgers, Fort Devens Post Commander by
DeMichaelis for the Commonwealth

Cross by Spadafora,@ 42

Q Mr. Burzynski, when you called Colonel
Ri[ttgers], the post commander for Fort
Devens that evening, will you tell me what
time you called him?

A. Approximately 5:40, sir."

COMMONWEALTH v. TYREE & AARHUS - MOTION TO
RECONSIDER, Middlesex County Superior Court,
before Judge William Young, Thursday, January
17, 1980,@ 82

Direct examination of Joseph Burzynski by William
Kittredge for Aarhus

..........

"Q Colonel, did you give telephonic
authorization to search Erik Aarhus' room
at about 6:10 p.m. on February 13, 1979?

A Yes, sir?"

Tuesday, January 22, 1980, "MOTION TO RECONSIDER"
(supra)hearing @349
Cross of Colonel Rittgers by McCormick for the
Commonwealth

NOTE:

On the next day, Wednesday, January 23, 1980, Attorney William Kittredge (for Aarhus) put in a

"DEFENDANT'S MOTION TO MAKE CERTAIN TRANSCRIBED STATEMENTS PART OF THE RECORD". The statements (some 40 pages in number) requested were the transcribed testimony, given under oath, of

Joseph Burzynski
Paul Mason
(both CID agents)
Col. Forest Rittgers

for varying dates and given at the Probable Cause hearing before Judge James Killam, Ayer, MA., District Court, April 13, 1979.

On the copy in my possession the following handwritten statement appears:

"after hearing motion denied defendants
objection noted By the Court Young J."
very interested

Boston, MA

#37 Jan 23, 2013
I have follwed this case for some time now. I grew up not far from this area of Ayer Ma. I do not believe Bill Tyree had anything to do with HIS WIFES MURDER.Elaine Tyree.There are so many mistakes in this whole investigation. They needed a scape goat, and they found one (BILL tyree).Elaine had quite a bit of evedence of drug trafficing, as well as other illegal coroption that was going on at the base. he had threatend to go public right before she was murderd.Elaine was keeping a journal of everything she knew, she wittnessed, she was involved with.How ironic that all Elaines journals are all missing at the time of her death. I myself was a friend of Elaines at the time of her death. But I`m petrified to come forth with what I know. I do know it was not Bill Tyree who killed Elaine.
The Fort Bar Ayer MA

Redwood City, CA

#38 Jan 24, 2013
Does anyone have photos of Elaine or Bill Tyree?
Also would like to purchase a copy of the VHS tape.
Please advise.

Since: Apr 11

Loudon, NH

#39 Jan 24, 2013
The Fort Bar Ayer MA wrote:
Does anyone have photos of Elaine or Bill Tyree?
Also would like to purchase a copy of the VHS tape.
Please advise.
DVD copies of MURDER AT FORT DEVENS AND THE 5 HOUR DEPOSITION OF DEE & THOMAS FERDINAND, NEW MEXICO, BOTH 1998, ARE AVAILABLE HERE.

I ALSO HAVE SOME PHOTOS OF BOTH BILL AND ELAINE.

CONTACT ME THROUGH THE TOPIX BLIND E-MAIL SERVICE.

I CURRENTLY HOLD POWER OF ATTORNEY FOR WILLIAM TYREE.

ANGLETURNER

Since: Apr 11

Loudon, NH

#40 Mar 16, 2013
On January 17 and February 4, 2013, William Tyree filed a 162 page series of motions and briefs in the Middlesex County Superior Court, Woburn, Mass.

The fundamental claim, common to both the Tyree and Aarhus cases, was the failure, in 1979 and 1980, of the previous courts or counsel (for either side) to advise either Tyree or Aarhus of certain pending proceedings. To date, no apparent action by the Commonwealth or the court is evident.

The following "FIRST ACCOUNT" is a brief introduction to the Tyree and Aarhus matter. This will consist of 4 parts. The first appears below:

AYER MASSACHUSETTS, JANUARY 30th, 1979

FIRST ACCOUNT - PART I

It was January 30, 1979, on a cold Tuesday noon, in a multi-family brick apartment house in Ayer, Massachusetts; a lovely young mother of a 2 month-old daughter, entered her kitchen from the hallway, clutching some hastily acquired lunch items and was immediately stabbed to death in a vicious, repetitive knife attack. The small apartment at 104 1/2 Washington Street (there was a twin building at 104) domiciled William and Elaine Hebb Tyree, 2 soldiers actively posted to Fort Devens a nearby Army base. That week was critical for Elaine, who was scheduled to leave the military only 3 days later on Friday, February 2.

The 'record'(you'll hear much of that) tells us that a certain Special Forces soldier, Erik Y. Aarhus,("Erik") paid a long visit to the Tyree apartment on the evening of Monday, January 29, expecting Tyree ("Bill") to be available but was told by Elaine that he had gone to the movies. A portentous conversation ensued between Elaine Tyree and Erik. Now we have to go both inside and outside 'the reocrd'.

From several sources, some of them more than merely mysterious, we learn on that Monday evening, with her husband absent, Elaine quite unwisely disclosed to Erik Aarhus that she had been keeping certain diaries. This practice had been observed by several friends but, until later that evening, apparently was unknown to her husband. These diaries contained information about various people on and off the Fort Devens, highly threatening to their best interests. From another source (this one's 'off the record' but was entered in a later court proceeding) we're told that Elaine was an appointed informant for the "CRIMIINAL INVESTIGATION DIVISION",Fort Devens,a post she had filled since early 1978.

END FIRST ACCOUNT PART I


Straightarrow

Georgetown, TX

#41 Mar 18, 2013
very interested wrote:
I have follwed this case for some time now. I grew up not far from this area of Ayer Ma. I do not believe Bill Tyree had anything to do with HIS WIFES MURDER.Elaine Tyree.There are so many mistakes in this whole investigation. They needed a scape goat, and they found one (BILL tyree).Elaine had quite a bit of evedence of drug trafficing, as well as other illegal coroption that was going on at the base. he had threatend to go public right before she was murderd.Elaine was keeping a journal of everything she knew, she wittnessed, she was involved with.How ironic that all Elaines journals are all missing at the time of her death. I myself was a friend of Elaines at the time of her death. But I`m petrified to come forth with what I know. I do know it was not Bill Tyree who killed Elaine.
I share your concern. A lot of things about this are screwy. I'm working with others to get to the bottom of this. Can you help?

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