Q: Mr. Daube, did you run any test on the seminal acid phosphatase in order to make some attempts to determine the blood type of the donor of the seminal acid phosphatese?

(Remember reader, this was 1977, long before DNA Testing)

A: Yes sir, I did.  However, there was an insufficent auantity of the material present to come up with a possible blood type.  Again,  without-at that time I ran the tests without knowing a suspect or having materials from the suspect, there was no way of knowing whether he was a secretor, and a person does not necessarily put out an indication of his blood type unless he is a secretor.

Later that day (6-7-1977) FBI Evans stated four more times that I said I raped the victim.  On that same date, the District Attorney reiterated that sexual attack theme.

On July 18, 1977, The 3-Judge Cour decision clearly stated the following:

Page THREE

The most damagin Commonwealth testimony was given by Anthony Lee Evans who was incarcerated along with the defendant in the Erie County Prison in January and February of 1977.

Then on page four of that same decision the court continues:

The only variation is in the manner in which death was caused.  Even here there is verification for Evan’s testimony that she died protesting a sexual attack upon her.  Paul R. Daube, a chemist employed by the Pennsylvania State Police, testified that he conducted tests on hemorrhagic fluids extracted from the victim’s vaginal and anal areas.  He stated that he found the presence of seminal acid phophatese in both areas and that seminal acid phosphatese is found only in semen.

That Court decision three times that the victim has been raped.

On May 15, 1977, Judge Disantis of the Erie Court stated two more times that the victim had been raped.

On October 28, 1977, The Superior Court of Pennsylvania stated three times that the records showed that a sexual attack has occurred.

On April 11, 2003, Judge Disantis of the Erie Court quoted three times that a sexual attack occurred.

On November 18, 2003, the Superior Court stated that seminal fluid was found in both vaginal and anal cavities of the victim and state on page 2 “That evidence and testimony showed that appellant has sexually assaulted his victim prior to killing her.”

IN SHORT SUMMARY:
FBI FVANS STATED 25 TIMES THAT I SAID I RAPED THE VICTIM
ERIE COURT STATED 8 TIMES THAT THE VICTIM HAS BEEN RAPED
PENNSYLVANIA STATE POLICE STATED 3 TIMES THAT EVIDENCE SHOWED THAT THE VICTIM HAS BEEN RAPED AND THERE WAS SEMINAL ACID PHOSPHATASE THAT SUPPORTED THAT.
THE DISTRICT ATTORNEY’S OFFICE STATED SEXUAL ATTACK 4 TIMES
THE SUPERIOR COURT STATED SEXUAL ATTACK 5 TIMES IN TWO DIFFERENT DECISION IN SEVEN YEARS.
TOTAL ALLEGATIONS OF SEXUAL ATTACK BY THE COURTS:

42 TIMES.

PLEASE DO NOT NOW LET THE COURTS AND POLICE CLAIM THAT THE RESULTS OF THE DNA TESTS IN MY CASE ARE NOT IMPORTANT.
THEY SURE WERE IMPORTANT WHEN THEY WANTED THEM TO BE IMPORTANT.

As I grew older in prison, I watched through prison bars as each member of my family died and my tears fell on concrete.  You would not let me say goodbye to any of them.  You took my family, most of my adult, life, my property, my career, my retirement, my pet dogs (you even shot two of them) and my health.

On April 11, 1977, FBI Evans testified 4 more times that I said I raped the victime.

On April 11, or June 7, 1977, (or both, I do not have complete records), a Pennsylvania State Police Chemist named Paul Daub testified, well, let his words tell the story. (Page 44, 45)

Q. Mr, Daube, did you run some tests on the bluids from the areas that you’re mentioned?
A. I ran tests on the swabs taken from these areas which did contain fluids, yes.

Q. And these are swabs that were given to you from Doctor Wilbur Thomas?
A. Yes sir.

Q. Tell the court, if you will, please what test did you run?
A. First of all, a test with acid phosphatese paper which indicates the presence of acid phosphatase; also electrophoresis for the presence of seminal acid phosphatase and vaginal acid phosphatase, which seperates the acid phosphatase.  In the case of the rectal smear, there was a positive electrophoretic test for acid phosphatase.  Seminal acid phosphatese comes only from semen.  In regards to the smear from the vagina, there was seminal acidphosphatase present and also vaginal acid phosphatase.  Other tests conducted on these were Florence Crystals which, again is a test for the presence of materials which are present in semen.  No, the Florence Crystals were positive on both samples again.

MR PALMISANO: That’s all.

2000, Kelly, make a confession, released after 16 years Dauphin County.

2000, Nieves, released after 14 years, Philadelphia County.

2004, Godschalk, 20 years, pled guilty, made confession Montgomery County.

2004, Laughman, 16 years, Adams County.

2005, Serrano, 18 years, Philadelphia County.

2005, Yarris, 21 years, made a confession, 20 years, Delaware County.

2005, Whitley, jail house snitch claimed Whitley made confession to him.  After 16 years in prison, DNA tests showed snitch lied.  Allegheny County.

2005, Doswell, released after 19 years, Allegheny County.

2005, Krone, ten years of death row, York County.

2006, Kimbell, four years on death row, Lawrence County.

The above list is only a sampling of those in Pennsylvania who have been released from prison after DNA tests.  Of those, 41 had made confessions, 39 even, had jail house snitches (rats) claim confessions were made to them, 42 had pled guilty trying to avoid the death penalty.  DNA tests and the results there-in over ride snitches and confessions.

Ahh, then came DNA testing and the results of such testing have become such a reliable true marker evaluation of identity that it has become a matching probability of an almost unbelievable one (1) in one quadrillion 1,000.000,000,000,000.  See Harvey V. Horan, 285 F3d 298 @ footnote #1 by Chief Justice of the United States Court of Appeals of the Forth Circuit quoting Mark Beneke (2002)

My Brother is Willing to Pay For the Cost of DNA Tests

This test if done comparing the DNA of the murderer to mine would definitely prove my innocence to the rape and murder of the victim.

The results of DNA TESTS USED IN COURT ROOMS (or anywhere else for that matter) are the most definitive results ever to be offered anywhere.  The results are more reliable than eyewitness accounts, confessions, and even photographs.  Why would all of these judges resist DNA TESTS being preformed on the evidence in my case?  In 2006 Judge Jane Roth of the U.S. Court of Appeals for the Third Circuit wrote clearly in the case of Schzubelak “equally Important, The DNA samples will help exculpate individuals who are serving sentences for crimes they did not commit.

On April 23rd, 2005, an article appeared in the Erie Time-News (See document J) regarding the mother of the victim in my case having entered a writing contest.  She states she had forgiven me back in 1987 (which she had) and has been writing to me in prison since that time (which she had) and that we had become friends (which we have) and that she is in favor of me getting DNA tests done to find out the truth.  In the article: “Afghan Girl Gets Book Deal but Erie Women Feels Like A Winner” on page two of that Article (B Contest) it clearly states that the victim was raped and murdered and names me as the perpetrator.  In essence this newspaper has been maintaining for thirty–two years that the victim was raped and murdered (including an article on Forgiveness on Easter Sunday, 2008 which also stated that I raped and murdered the victim,) but that newspaper has never supported me in my request for DNA testing that would prove my innocence of committing the crime.  This is a Double Standard perhaps or a true lack of media integrity.

I filed what is called a State Habeas Corpus regarding my conditions of confinement, ala sex criminal status and tried again to get DNA tests done on the slides in the rape test kit.  The superior Court of Pennsylvania refused to address the issue. See 1539 WDA 2005 and the Pennsylvania Supreme Court refused again to review the case for DNA See 331 WAL2006, on 12-5-06.

To open an electronic PDF document click below:
Document I

I filed for DNA testing in 1997 with the understanding that my brother would pay all the costs.  The tests were to be performed on the sides of the materials collected from the victim and placed in a freezer of the Pennsylvania State Police Evidence Room to determine whether my DNA was present in the evidence.
Judge DiSantis of Erie County, PA, blew a fuse and refused to release the evidence on 1/8/97.  Erie County, PA 2562 of 1976.  I appealed and was denied access to the evidence on by all levels of courts.  10/28/97, Superior Court of PA: 4/1/98 Supreme Court of Pa; 4/23/01, Susan Paradise Baxter Magistrate Judge, U. S. District Court in Erie denied me @ Payne v. Sabina 98-189.

Then Pennsylvania and the U.S. Government passed a much-ballyhooed retroactive DNA testing law, but written in such a manner that virtually on one could get DNA tests done.

Being an eternal optimist, I once again filed for DNA testing and my brother again offered to pay for this testing.

Again, Judge DiSantis of Erie loudly objected and I was again denied access to the evidence.  See 4/11/03 & 4/29/03, by Judge DiSantis, Commonwealth v. Payne 2562, 1976—1/18/03, The Superior Court of Pennsylvania clearly states on page two of its opinion on this matter.  “During that hearing, evidence was introduced indicating that appellant had sexually assaulted his victim prior to killing her. “  See superior Court of Pa. WDA 762, 2003’ by refusing to review the case, the PA Supreme Court upheld the decision, see 626 WAL 2003; United States Court of Appeals for the Third Circuit refused to grant permission to file a second Habeas Corpus on 6/17/04. see C.A. No. 04-2551 and a SUR Petition for a rehearing en banc at the same court was denied on 7/24/04.  See No. 04-2551.  I filed for an original Habeas Corpus in the United States Supreme Court, which was refused on 10/18/04.  See No. 04-6456.  These appeals were all without the benefit of legal representation. I then filed a violation of my civil rights in what is called a S1983 Action , stating that my life in prison was unusually harsh, ala Sandin v. Connors, because I was being treated as a sex criminal, which I am NOT.  Without DNA tests being done on the evidence used against me, the sex criminal status precluded me from certain prison programs and also prevented me from filing for a commutation unless I admitted that I was a sex criminal, which I am NOT.  My brother is still willing to pay for the tests.

Ultimately, Susan Paradise Baxter, Magistrate Judge in The Federal Court in Erie denied me under what she called the Rooker-Feldman doctrine on April 19.2005, see Payne v. Foulk, No. 04-199 Johnstown, which had been filed in my federal district of Johnstown but sent to Erie.  She also denied me in-forma pauperis which is a poor man’s status.  After thirty years in prison, I certainly qualify for that status.  On the advice of an inmate law clerk at this prison who told me I would have to pay an additional $250.00 to appeal this thing to the Third Circuit and since my dealings with that circuit had been so unfavorable in the past, I simply appealed to the District Judge in Pittsburgh and Judge Cohill upheld the Magistrate Judge.  I then wrote a letter to that federal court informing them that due to lack of funds, I could pursue the issue no farther.

Now let me move on to the sexual aspects of the case.  All judges and courts at every possible level maintain the most damaging testimony was given by Anthony Lee Evans who was incarcerated along with the defendant in the Erie County Prison in January and February of 1977.  Even here, there is verification for Evans’ testimony that she died protesting a sexual act upon her.  Daub, a chemist employed by the Pennsylvania State Police, testified that he conducted tests on hemorrhagic fluids extracted from the victim’s vaginal and anal areas.  He stated that he found the presence of seminal acid phosphatese in both areas and that seminal acid phosphatese is found only in semen.”  Since there was no such thing as DNA testing at that time, I believed I was going to die in prison for something I did not do.  Strangely, on my first appeal, I found out that this Anthony Lee Evans had somehow vanished from the Erie County Prison.  See document H &  document I.  I can’t find the first pages of these documents but the Public Defender at that time is still a lawyer in Erie, and not a bad one either from what I have heard, can verify the contents.

To open an electronic PDF document click below:
Document H
Document I

After I was in the Erie County Prison a few months and inmate entered the same cell block and after spending three weeks loosely associating with me he wrote a letter to the D.A. of Erie County claiming I made a confession to him.  I did NO SUCH THING.  This inmate has three page FBI rap sheet with 24 entries in 14 years.  (See FBI record ID  910  164 – See document E, document F,  &  document G.)  According to all levels of courts from 1977 to the present day that testimony was always considered, “The most damaging against me.”  This man claimed that his real name was Anthony Lee Evans (along with numerous aliases) and he was from California, but you can see that his real name was Ralph Howard Evans Jr. and he was from North Carolina. Nevertheless, for me it was back to square one.  Again, in order to avoid the death sentence and because promises were made to me prior to my confession were not kept, and when I stated that the only reason that I was pleading guilty to a general charge of murder was my confession was to avoid the death penalty. Everybody had a fit and we went off the question record where I was told I could not say that and then went back on record, where I was asked are there any there other reasons, I said yes but one ever bothered to find out what those reasons were.  Therefore, for the record, I pled guilty primary because promises were made to me concerning the death penalty prior to making a confession were not kept and because of a lying snitch and they was going to give me the death penalty unless I pled guilty.  Without any factual basis being established, the guilty plea was accepted and I pled guilty to a general charge of murder.

To open an electronic PDF document click below:
Document E
Document F
Document G

Shortly after my arrest, I did under extreme pressure to avoid the death sentence; I make a confession to the killing.  I did not know was that the victim had been raped and what I said in the confession did not agree with most of the evidence.  There was no DNA testing at that time that would have proven me innocent.  This confession was one of the biggest mistakes of my life, one that has caused me to be wrongly incarcerated for a crime I did not commit.