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

Full story: Lowell Sun 109
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 ... Full Story
sistervictim

Spring Lake, NC

#86 Jun 27, 2014
Oh, if only you all could have seen the Oscar wothy performance of Tyree when he was in Maryland for Elaine's funeral! What a sight thaat was! I remember every little one of his little "acts", from the sickening music he had played during her Wake, to his complete lack of emotion during the viewing, to his constant pulling down of her collar to "show" people the wound on her throat! Funny too, how he bragged to "certain people" that he knew what type of weapon was used, and even where it would be "found" twoo weeks before it actually was. Or how about him being caught "practicing" his facial expressions and "tears" in the bathroom mirror at the home of Elaine's parents. Or maybe him asking his then brother-in-law for a ride to the local Chevrolet dealership because he was going to put a down payment on a "brand spankin' new" Corvette. Or maybe you would like to know about the duffel bag of baby clothes he handed off for his daughter, the bottom of which was intentionally packed with clothes saturated with her mothers blood! Those of us who know him and his antics have remained quiet for way too long, not wishing to stoop to his level. But, time is a great tongue loosener. And the time has come for us to speak out and expose him for exactly what he is. He forgets, as do his "minions" how closely he was watched while in Maryland. It is time for the other "tale of Bill Tyree" to be told at last! Pleaase watch this space. It gets better from here.
sistervictim

Spring Lake, NC

#87 Jun 27, 2014
ANGLETURNER wrote:
THE ORDER OF JAMES KILLAM, AYER DISTRICT COURT JUDGE
MAY 15, 1979
PART I - ERIK AARHUS AND THE KNIFE (See #28,#33, this blog)
Late on Feb. 13, 1979, 2 weeks to the day from the murder of Elaine Tyree, William Tyree and his friend, Sgt. Michael Menzie, called Ayer P.D., informing them that the murder weapon may be found in the on-base room of Erik Aarhus, another Special Forces soldier, Someone also informed the police that the weapon, a knife, was to be found under the pillow of Erik Aarhus. Tyree later firmly denied that he had told the police this latter fact, during the earlier call with Menzie or at any time.
Hours later, CID (Army Criminal Investigation Division) Special Agent Paul Mason and others entered Aarhus' room, Mason picked up the pillow on Aarhus' bed and found a knife wrapped in a plastic bag. The knife clearly belonged to Aarhus and had blood thereon matching the blood type of Elaine (no DNA analysis was then available nor performed since).
Aarhus was quickly arrested, brought to Ford Devens CID headquarters at the time that Tyree, also at that office, was hand-writing a statement, claiming that he had approached Aarhus at lunch and offered him $5,000 for the return of the knife. According to that statement, at lunch,
Aarhus had neither denied nor affirmed guilt in the murder but had indicated that he would attempt retrieval in return for the proffered money.
In the order of 05/15/79, Judge Killam first approached the discovery of the bloody knife and declared a core improbability, based on the above facts:
"The enlightened suspicion of 'frame' is inescapable."
Reasonable minds might well consider the accumulated improbabilities
now placed before Judge Killam (a former military officer),accruing to his view for the issue of 'frame'". Consider the person of Erik Aarhus, a young Special Forces soldier, trained in the arts of bodily offense and defense who;
1. Retained, for 2 weeks time, a severely soiled knife-
2. Retained, for 2 weeks time, a knife copiously soiled with blood-
3. Similarly, when that knife was soiled with human blood-
4. Similarly, when that knife was soiled with the blood of a victim
who had been murdered by the knife's owner-
5. Stored that knife in an open, insecure area,
subject to random discovery-
6. Similarly, while the knife's owner is a 'person of interest' in an
ongoing murder investigation by military and civilian authorities,
a murder of the person whose blood is arguably similar to that
found on the knife.
Moreover, Judge Killam was also informed by State Policeman John Dwyer that the knife, 2 months after recovery, did not have the fingerprints of Erik Aarhus thereon. No further inquiry was made by any party as to whether other prints were also found on the knife.
END PART I - ERIK AARHUS AND THE KNIFE
Maybe you should "share" the fact that Judge Killiam was eventually sanctioned and disbarred over this little session of "Kangaroo Cout"!
sistervictim

Spring Lake, NC

#88 Jun 30, 2014
KnewTyree wrote:
William Tyree was not Special Forces neither were Peters, Aarhus and others listed. They were attached as Headquarters personell and most likely never participated in any of these missions. My heart and prayers go out to Dawn Tyree. Try finding a copy of this special from A&E. It is gone- enough said.
Thank you "KnewTyree for be the "adult in the room" with this bunch of shills! ANGELTURNER can do nothing more than post quoted "testimony" that has been debunked time, and time again! ANGELTURNER may not be "identifiable" to most of you, but I'm betting I know EXACTLY who it is. As for Tyree's "lawsuit" afor his "last paycheck", he did so for two distinct reasons: 1. He failed to collect a penny from Elaine's death, which did not fit into his "plan". 2. He got caught, and he is damn sorry about that. Though he is not the least bit sorry about killing the mother of his child, who was also a daughter, a sister, an aunt, a cousin, a niece, and a friend to many. His continued efforts to "profit" from Elaine's death should speak volumes about him. I can imagine that he had some grandiose "ideas" about what would be done with his "millions"! And although his parental rights to his daughter, he should understand this. Had he "won" his little lawsuit, the lawsuit for "wrongful death" was prepared, and waiting to be filed the second after any decision in his favor! This idiot thinks that noone pays any attention to his activities. As with so many other things in his storied "career", he is very wrong, and underestimates those of us on the "other side" of this story! Had he been awarded as much as a single penny, he would never have laid eyes on it. Nor would his obviously delusional "supporter"! This lunatic has been ranting and raving sine the day the cell door slammed behind him! I wonder, when will it ever be enough for him and his maniacal "fans and followers"?
Witness

Louisville, KY

#90 Jul 1, 2014
sistervictim wrote:
<quoted text>If you were there, please direct me to your "eyewitness testomony" as it was presented. I will be happy to look it up in my copy of the trial transcrpit. I was at that trial, and testified. I do not recall any witness who made such a claim that was not discredited on cross examination. How dare YOU to tell ME to "tone down my anger", when it should be obvious to anyone, including someone with even your obvious low intellect, by my "user name" why I would be entitled to be "angry"! You're damn right I am angry! I am sick and tired of people like you who continue to spread the lies and misinformation about this case, and about the perpetrator(s) of this crime. Bill Tyree is a pathologic liar, who suffers from delusions of grandeur, and is a rightfully convicted and sentenced murderer. He now fancies himself another Atticus Finch or F. Lee Bailey as he continues down the road of useless and ridiculous appeals and lawsuits! After nearly forty years, I would think he would finally allow his victims (and yes, there have been more than one) to finally rest. People like you are no better than he was/is. I am not stupid, and can pretty well guess who you are, and what your motive is. So, show yourself if you know so damn much about this case. Direct me to the exact pages in the trial trancript that contains your ridiculous, and obviously disproven claims!
Well, you won't find it in any transcript because the defense never called me. After all the lineup's...visiting sites and such, the CID came to my house one day and said it was over, I wasn't needed that they found the murderer. Don't talk about me having low intellect...if you're all about bashing everyone on here then I'll just stop talking because none of it matters to me. I never new Tyree, I don't care. I never wanted to get involved anyway but my wife couldn't keep her mouth shut about what and who I saw. Just minding my own business i was for sure. For you Col Sanders, you should speak about what you know. It was terrible when she was killed, I feel for her daughter. I'm not defending anyone but not you nor anyone else can change what I saw. Go ahead and run your mouth, I'll just not post anymore. If you can be civil and want to talk, then I will from time to time. I will tell you this one last time though, The man I saw was not the guys in jail, I remember, I saw him from about 2 feet away and that's a fact! Why am I not in the transcripts? Why wasn't I called to testify? I don't care why or why not....let someone else ask and answer those questions!
sistervictim

Spring Lake, NC

#91 Jul 1, 2014
Witness wrote:
<quoted text>
Well, you won't find it in any transcript because the defense never called me. After all the lineup's...visiting sites and such, the CID came to my house one day and said it was over, I wasn't needed that they found the murderer. Don't talk about me having low intellect...if you're all about bashing everyone on here then I'll just stop talking because none of it matters to me. I never new Tyree, I don't care. I never wanted to get involved anyway but my wife couldn't keep her mouth shut about what and who I saw. Just minding my own business i was for sure. For you Col Sanders, you should speak about what you know. It was terrible when she was killed, I feel for her daughter. I'm not defending anyone but not you nor anyone else can change what I saw. Go ahead and run your mouth, I'll just not post anymore. If you can be civil and want to talk, then I will from time to time. I will tell you this one last time though, The man I saw was not the guys in jail, I remember, I saw him from about 2 feet away and that's a fact! Why am I not in the transcripts? Why wasn't I called to testify? I don't care why or why not....let someone else ask and answer those questions!
I could care less if you continue to post "Witness"! I knew that your testimony was not in the transcipt. And, the reason for that is because your testimony did not stand up to the crutiny applied to every other "witness" in this matter. I understand that scrutiny because I was subjected to it myself. I have seen, and read your "eyewitness" account, and it simply does not hold water. Period. It is a known fact, by the way, that most "eyewitness" testimony is not accurate. You can easily research those facts on your own. I too was an "eyewitness". Not to the crime itself, but to the statements and actions of Bill Tyree! And my testimony was subjected to very intense scrutiny, including but not limited to Army CID. I know who you are. And I know about your statement. That is all I will say about you specifically. However, I will continue to post the actual truth here. If you choose not to, that is your business. However, I would argue that since, once again, the accuracy of your "eyewitness" testimony is being questioned, you will choose to remove yourself from the conversation rather than subject yourself to further scrutiny.
Col Sanders

Oneida, NY

#93 Jul 15, 2014
The alleged, self-proclaimed "witness" is just as delusional as Tyre and the poster "Angle-turner". It is really hard to believe this fiasco about someone other than Erik being the killer, is still going on.
First Sgt

Oneida, NY

#94 Jul 15, 2014
Erik has admitted to the crime. Tyree needs to come clean, before he meets his maker. It is nice to see the posts from those who were actually privy to knowing Elaine and can speak the truth about Tyree.
First Sgt

Oneida, NY

#95 Jul 15, 2014
The soldiers in our barracks were all talking about Tyree being observed playing "footsie" with other girls at the funeral. A real class act for someone whose wife was just murdered!

Since: Apr 11

Westbrook, ME

#96 Jul 16, 2014
TO WHOM IT MAY CONCERN:

Re: Statements provided to CID and local authorities by Vias Williams,
active at Fort Devens and resident at 104 Washington St., Ayer, Jan. 31 and Feb. 2, 1979:

See above,#73, 03/07/14,#2-d and Massachusetts Supreme Court,

Case No. SJ-2013-350, Docket #12, Filed 10/03/13

Since: Apr 11

Westbrook, ME

#97 Jul 16, 2014
THE ORDER OF JAMES W. KILLAM, III, AYER DISTRICT COURT JUDGE - MAY 15, 1979

EARL PETERS AND HIS SHOTGUN - PART II-c

Reference to the Killam order may be found @#28 (08/12/12) and #33 (1012/12/)

The subject of the "three letters", sent by Tyree to Michael Menzie and Nancy Woodland, selectively, in March, 1979, permeates the later hearings which followed their first mention on the afternoon of Day 3, April 5, 1979. But first, it is imperative to review the previous 2 day and the testimony of Michael Menzie on Day 3 before lunch. We must also recall that neither Tyree nor Aarhus testified in the Probable Cause hearings (1979) or in their respective Superior Court trials (February, 1979).

On Day 1 and 2 (April 3-4), Earl Peters testified extensively, consuming some 150 transcript pages. A review of his testimony fully describes the issue of "a shotgun" but fails to reveal any reference to his admission of corporate criminal activity with Tyree.

However, during Day 3, Michael Menzie, before lunch, testified to his knowledge of the extensive joint criminal activity of both Peters and Tyree, without specifically citing that this knowledge resulted from a written source of this information, i.e., letters received from Tyree, after Feb. 13, the day of his arrest, and before the end of March.

At this point, it becomes clear, from reading the transcript, that DeMichaelis, delighted to have a means of reversing some of Menzie's testimony thus far, some of it arguably favorable to Tyree, NOW BELIEVES MENZIE and, implicitly, NOW BELIEVES TYREE through Menzie's recitations, given under oath (of course, there is nothing malicious in this development - it is merely acceptable trial practice, available to defense and prosecution alike).

But the entire case against Tyree, to date, is predicated on the truthfulness of ERIK AARHUS, in whom the Commonwealth CONTINUES TO BELIEVE and the concurrent position of the Commonwealth NOT TO BELIEVE TYREE and his description of the approach to Aarhus on Feb. 13, 2 WEEKS AFTER THE MURDER, rather than an ill-defined point in time, indicated by Aarhus, BEFORE THE CRIME. Moreover, it is clear that the alleged confession of Aarhus and his subsequent arrest could not have take place unless military and civilian authorities had BELIEVED TYREE'S accusation regarding the location of the murder weapon in the room of Aarhus.

Of equal importance, the Commonwealth must now consider the future possibility of seeing Peters, the government's chief witness against Tyree, testify once again and risk having him confirm that they CONTINUE TO BELIEVE MENZIE and, we must assume, are forced to NOW BELIEVE WHAT TYREE HAS TOLD (or written) MENZIE.

But the letters, IF BELIEVED, will confirm what both Peters (Day 2) and Menzie (Day3, before lunch) have testified about a shotgun.

The letters, IF BELIEVED, will exculpate Erik Aarhus from the murder of Elaine Tyree-

The letters, IF BELIEVED, will inculpate Earl Michael Peters, primary witness for the Commonwealth of Massachusetts against Tyree, in the murder of Elaine Tyree.

The transcript show that "the letters" will evidently play a part in the ultimate view of Judge James Killam regarding

"...the credibility of [Earl] Michael Peters."

Day 3: P. 113, L. 4-5

EARL PETERS AND HIS SHOTGUN - End PART II-c
sistervictim

Spring Lake, NC

#98 Jul 17, 2014
Col Sanders wrote:
The alleged, self-proclaimed "witness" is just as delusional as Tyre and the poster "Angle-turner". It is really hard to believe this fiasco about someone other than Erik being the killer, is still going on.
Thank you Col. Sanders for pointing out the lunacy of both Tyree, and his "groupies"! If you saw, and heard, and lived with the abbsolute horror that Elaine's family did, you understand why it is time for him to give it a rest. Thank you for speaking out in Elaine's behalf!
sistervictim

Spring Lake, NC

#99 Jul 17, 2014
ANGLETURNER wrote:
TO WHOM IT MAY CONCERN:
Re: Statements provided to CID and local authorities by Vias Williams,
active at Fort Devens and resident at 104 Washington St., Ayer, Jan. 31 and Feb. 2, 1979:
See above,#73, 03/07/14,#2-d and Massachusetts Supreme Court,
Case No. SJ-2013-350, Docket #12, Filed 10/03/13
Angelturner.......it seems you have endless free time to spend on multiple platforms on "the internets". As such, you should consider finding something new to post. Repeating the same old, stale, and irrelevant material does nothing to prove your point or Tyree's innocence. Give it a freakin' rest already. Anyone who was present at Judge Killiam's "Probable Cause" hearing is well aware of how ridiculously flawed his "finding" was. To continue posting that same flawed decision does not make it, or you right. Tyree is a murderer, found guilty by a jury of his peerrs. Their decision has been upheld on appeal every time. It is time he finally come up with the "testicular fortitude" to shut up and pay for his crime.
sistervictim

Spring Lake, NC

#100 Jul 17, 2014
ANGLETURNER wrote:
<quoted text>
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
You have no right to, nor are you authorized to use, share, or display any photos of Elaine Tyree, Dawn Hebb, or any other member of the decedent's family. Legal remedies in this regard are currently being explored.
sistervictim

Spring Lake, NC

#101 Jul 17, 2014
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.
You claim to have "known" and been a "friend" of Elaine's at the time of her murder. If that were the case, there are a few things you would know. First, Elaine was no "snitch"! Second, Elaine was not a "diarist" nor was she ever known to have kept a "journal" of any kind. Ever. Elaine was one day from getting away from Tyree, the Army, and Ayer, MA forever! She was in constant contact with certain of her siblings, who knew EXACTLY what she had put up with from Tyree, and who had actually seen him "in action" with her prior to his little "performance" after her murder. If you truly "knew" Elaine, were a "friend" as you claim, then doing the right thing woud be most important to you. Those who did come forward, REAL friends and family, are still here to tell about it. They understood hen as they do now, there is no reason to "fear" a coward. If you were truly credible, truly a "friend", then justice for Elaine would have been your primary interest. As it is, it appears you are nothing more than a "hanger on"! If you truly know anything, and are telling the truth, this would not be the venue. Either do the right thing, or shut the hell up!

Since: Jul 14

Location hidden

#102 Jul 18, 2014
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 agree. Check your e-mail for private message. Can we talk?
sistervictim

Spring Lake, NC

#103 Jul 18, 2014
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.
I know this for a fact. The "right guys" are in jail. And, it is only a matter of time before one of them runs out of schemes, conspiracies, and delusions! Not to mention legal shenanigans and most important, appeals. Tyree's days are indeed "numbered"!
sistervictim

Spring Lake, NC

#104 Jul 18, 2014
First Sgt wrote:
The soldiers in our barracks were all talking about Tyree being observed playing "footsie" with other girls at the funeral. A real class act for someone whose wife was just murdered!
"Playing footsie" under a table is probably the least obnoxious activity in which Tyree participated during his time in Maryland, while his wife lay there in a funeral hone. His actions there, after she was lowered into the February frozen ground because of him are even worse. It was so, so cold that day. Tthe wind whipping as we stood at the bottom of that knoll was like none I had ever felt in my entire life there. And, though February in Western Maryland can be brutal, indeed, it felt like there was some message in the wind that day. As I stared intently at Tyree, watching his every move as Elaine's body was remanded back to the earth, I knew that I was looking at, and feeling pure, unadulterated evil. I will never forget that day. I will never feel anything that cold again.

Since: Apr 11

Sabattus, ME

#105 Jul 23, 2014
THE ORDER OF JUDGE JAMES W. KILLAM, III, AYER DISTRICT COURT JUDGE - MAY 15, 1979

EARL PETERS AND HIS SHOTGUN-PART II-d - See#78,#89,#92,#97

[NOTE: PART II-b inadvertently omitted]

The Killam order may be found #28 (08/12/12) and #33 (10/12/12)

Returning to the morning of Day 3, April 5, 1979, DeMichaelis (for the Commonwealth), Spadafora (for Aarhus), examined Sgt. Michael Menzie for some 160 pages. During a long morning session, after DeMichaelis had concluded his direct examination of Menzie, Spadafora (for Aahrus), on cross-examination, asked Menzie what Tyree and Peters had been "transporting", referencing various alleged their joint criminal activities cited earlier by Menzie.

"Q [Spadafora] Transporting what?"

"A [Menzie] Stolen goods, and a lot of things."

Day 3; P. 102, L. 7-8

Follow-ups to open-ended responses, such as "a lot of things", are dangerous; such can be a horn of plenty or a cruel trap for unwary interrogators. Spadfora plunged ahead:

"Q What other things?"

"A Let me refresh my memory. I've got it written down at
home, but I haven't reviewed it, I haven't checked it out.
But, most of this I've got written down is stuff that I got
from Bill Tyree."

"Q Directly? Did he give it to you directly?"

"A Through the mail, yes."

Day 3; P. 103,:L.11-18

Even ordinary lay folks cannot fail to see that a subtle change in the Tyree/Aarhus proceedings has just taken place. Menzie's entire testimony, some of it supportive of Tyree, some contrary to Tyree's penal interest, is clearly what most of us call 'hearsay', i.e., what one person said that another person said. Although William Tyree is sitting there, in the presence of Spadafora, DeMicahelis AND...the jury (in this case, Judge James W. Killam), he, through counsel, has decided not to testify. No one can ask him whether the'hearsay' of Menzie accurately describes his former communications with Menzie.

Presumably, both Spadfora and Bradley (for Tyree) can attack Menzie's prior testimony, terming his responses as ' hearsay' if they see elements therein harmful to their clients.

But...what if the recollections of Menzie, already on the record, are derived, at least in part, from written communications of Tyree to Menzie AFTER HIS ARREST? To date, the court has nothing in writing by Tyree produced by him after February 13, nothing but the oral

"MR. TYREE: I do, your Honor."

in response to Killam's query:

"COURT: Mr. Tyree, do you want your attorney
to represent you?"

Day 1, April 3, 1979; P. 8, L. 23, 21-22

Although Tyree will remain silent throughout the Probable Cause hearings, what course will that proceeding take if he is allowed to speak though his own writings on pieces of paper in the possession of his friend, Sgt. Michael Menzie? If no one is able to disprove their authenticity, questions regarding THE CREDIBILITY OF WILLIAM TYREE will enter again, through his written statements, into the matter of the murder of Elaine Tyree.

At this point, shortly before the lunch break, it does not appear that DeMichaelis (for the Commonwealth) was aware that Menzie's testimony (his witness) was, in part, based on the post-arrest writings of William Tyree, writings which were in the possession of Menzie. Much less did he realize that these writings are extant.

EARL PETERS AND HIS SHOTGUN - End PART II-d

sistervictim

Spring Lake, NC

#106 Jul 25, 2014
ANGLETURNER wrote:
THE ORDER OF JUDGE JAMES W. KILLAM, III, AYER DISTRICT COURT JUDGE - MAY 15, 1979
EARL PETERS AND HIS SHOTGUN-PART II-d - See#78,#89,#92,#97
[NOTE: PART II-b inadvertently omitted]
The Killam order may be found #28 (08/12/12) and #33 (10/12/12)
Returning to the morning of Day 3, April 5, 1979, DeMichaelis (for the Commonwealth), Spadafora (for Aarhus), examined Sgt. Michael Menzie for some 160 pages. During a long morning session, after DeMichaelis had concluded his direct examination of Menzie, Spadafora (for Aahrus), on cross-examination, asked Menzie what Tyree and Peters had been "transporting", referencing various alleged their joint criminal activities cited earlier by Menzie.
"Q [Spadafora] Transporting what?"
"A [Menzie] Stolen goods, and a lot of things."
Day 3; P. 102, L. 7-8
Follow-ups to open-ended responses, such as "a lot of things", are dangerous; such can be a horn of plenty or a cruel trap for unwary interrogators. Spadfora plunged ahead:
"Q What other things?"
"A Let me refresh my memory. I've got it written down at
home, but I haven't reviewed it, I haven't checked it out.
But, most of this I've got written down is stuff that I got
from Bill Tyree."
"Q Directly? Did he give it to you directly?"
"A Through the mail, yes."
Day 3; P. 103,:L.11-18
Even ordinary lay folks cannot fail to see that a subtle change in the Tyree/Aarhus proceedings has just taken place. Menzie's entire testimony, some of it supportive of Tyree, some contrary to Tyree's penal interest, is clearly what most of us call 'hearsay', i.e., what one person said that another person said. Although William Tyree is sitting there, in the presence of Spadafora, DeMicahelis AND...the jury (in this case, Judge James W. Killam), he, through counsel, has decided not to testify. No one can ask him whether the'hearsay' of Menzie accurately describes his former communications with Menzie.
Presumably, both Spadfora and Bradley (for Tyree) can attack Menzie's prior testimony, terming his responses as ' hearsay' if they see elements therein harmful to their clients.
But...what if the recollections of Menzie, already on the record, are derived, at least in part, from written communications of Tyree to Menzie AFTER HIS ARREST? To date, the court has nothing in writing by Tyree produced by him after February 13, nothing but the oral
"MR. TYREE: I do, your Honor."
in response to Killam's query:
"COURT: Mr. Tyree, do you want your attorney
to represent you?"
Day 1, April 3, 1979; P. 8, L. 23, 21-22
Although Tyree will remain silent throughout the Probable Cause hearings, what course will that proceeding take if he is allowed to speak though his own writings on pieces of paper in the possession of his friend, Sgt. Michael Menzie? If no one is able to disprove their authenticity, questions regarding THE CREDIBILITY OF WILLIAM TYREE will enter again, through his written statements, into the matter of the murder of Elaine Tyree.
At this point, shortly before the lunch break, it does not appear that DeMichaelis (for the Commonwealth) was aware that Menzie's testimony (his witness) was, in part, based on the post-arrest writings of William Tyree, writings which were in the possession of Menzie. Much less did he realize that these writings are extant.
EARL PETERS AND HIS SHOTGUN - End PART II-d
angelturner.........you obviously have nothing to add to this discussion! How many more times do you think you can post, post, and repost the same dull (yawwwwwn) Killiam Order? You have "done it to death"! Saying the same thing over and over again does not make it any more relevant, or factual! I could sit here and type "I am a millionaire" ad infinitum. However, it wouldn't be anymore true the five thousandth time than it was the first! Give it a freakin' rest already! One thing that IS true, is that Tyree is a murderer! Saying it once, or saying it a million times does not change that fact!

Since: Apr 11

Portland, ME

#107 Jul 29, 2014
THE ORDER OF JUDGE JAMES W. KILLAM, III, AYER DISTRICT COURT JUDGE - MAY 15, 1979
EARL PETERS AND HIS SHOTGUN - PART II-e
Reference to the Killam order may be found @#28 (08/12/12) and #33 (10/12/12)
In the hearings to come, through the superior court pre-trial hearings and trial hearings in 1980, a simple observation can be easily overlooked:
All parties, including the Commonwealth, conceded that TYREE WAS NOT AT THE CRIME SCENE at the time of Elaine's murder and cannot be charged with the physical act.
Similarly, all parties agreed that NO FORENSIC EVIDENCE whatsoever was FOUND AT THE TYREE APARTMENT WHICH COULD CONNECT ERIK AARHUS with the killing, this, in spite of some 3 weeks unauthorized access to the apartment by authorities.
More importantly, 2 WITNESS STATEMENTS (not made available to the Probable Cause court) will cite the appearance of ONE OR MORE PARTIES, near the crime scene, at the relevant time, WHO COULD NOT BE IDENTIFIED AS ERIK AARHUS.
The only piece of forensic evidence, arguably connecting Aarhus with the murder, will be the "TYPE-B" blood found on his knife. Apparently, some 2 % of the general population (which includes Elaine Tyree) has this blood type and, without DNA analysis (never performed in the intervening 35 years), an informed prosecutor might well be reluctant to proceed against Erik Aarhus, absent more compelling evidence. Worse still, no fingerprints of Aarhus (some 2 months after possession by the Commonwealth - see #78) could be found on the knife or on a plastic bag (from a delicatessen) which contained the knife at its discovery. Now were attempts made to pursue the origin of the plastic bag (which has an identifying tag thereon).
Both Tyree and Aarhus spoke on the evening of Feb. 13;
1. Tyree, first, in his "1833" statement.
2. Aarhus, later, during his lengthy, transcribed confession.
and, as of April 5, neither have otherwise spoken to date.
First, on Feb. 13, Tyree stated that he spoke to Aarhus EARLIER IN THAT DAY, and offered $5,000 for the return of the knife.
Second, later on Feb. 13, Aarhus stated that Tyree had offered the same sum, AT SOME TIME PRIOR TO THE MURDER, to kill his wife.
TYREE'S EARLY-AFTERNOON STATEMENTS regarding the availability of the knife, re-stated in the "1833" written document, WERE BELIEVED BY THE AUTHORITIES.
Burzynske' appeal to Col. Rittgers for authority to search the Aarhus room was grounded on HIS BELIEF IN TYREE'S CREDIBILITY.
Col. Rittgers, after personal assessment of Burzynsk's telephonic request and HIS PRESUMPTIVE BELIEVE IN TYREE'S CREDIBILITY, granted oral authority to search the Aarhus room.
The subsequent discovery of the knife by military and civilian authorites, pursuant to Tyree and Menezi's oral report, CONFIRMED THE CREDIBILITY OF TYREE.
Reasonable lay observers might well query:
How did it come about that, SOME 4 HOURS AFTER DISCOVERY OF THE KNIFE, pursuant to the positive assessment of TYREE'S CREDIBILITY, authorities abruptly decided to NOW DISBELIEVE TYREE, WHOSE CREDIBILITY HAS BEEN ESTABLISHED AND NOW BELIEVE AARHUS, WHOSE CREDIBILITY HAS BEEN FOUND LEGALLY DEFECTIVE and who demonstrated the same by openly lying to his interrogators, earlier in his lengthy examination?
The fate of William Tyree and Erik Aarhus now lies principally in the issue of CREDIBILITY.
The CREDIBILITY OF EARL PETERS, the best friend of Tyree and the chief witness for the Commonwealth against Tyree, is about to be revealed, both in Peters' and Menzie's prior testimony and the written statements of William Tyree, found in the mysterious letters cited by Menzie.
EARL PETERS AND HIS SHOTGUN - End PART II-e

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