-Caveat Lector- August 9, 1999 Fate of 'train deaths' case rests with jury Key witness skips without giving testimony in defamation trial By Sarah Foster © 1999 WorldNetDaily.com A federal jury in Little Rock, Ark., is deliberating whether filmmaker Pat Matrisciana defamed two law enforcement officers in a documentary dealing with the still-unsolved murders of two teen-age boys in 1987. Pulaski County sheriff deputies Jay Campbell and Kirk Lane are suing the Hemet, Calif., documentary producer for $16 million for linking them with the crime in his 60-minute video, "Obstruction of Justice: the Mena Connection." The officers assert that Matrisciana, who produced "The Clinton Chronicles," made "Obstruction of Justice" primarily for financial gain, hoping to exploit the "right-wing conspiracy theories about President Clinton" who was running for re-election. The video contends that some time after midnight on Aug. 23, 1987, Kevin Ives, 17, and Don Henry, 16, stumbled onto a major drug drop in the countryside west of Little Rock, not far from their home, and were bludgeoned and stabbed to death by parties well-connected with Arkansas' political power structure. Their bodies were placed on the tracks where a train was certain to run over them, in order to make the deaths appear accidental. Despite six investigations, including two grand juries, no arrests have been made and the murderers of Ives and Henry remain at large and officially unknown. The film alleges a connection between the murders and subsequent cover-up by corrupt law enforcement officers, drug traffickers and people associated with then-Gov. Bill Clinton. Near the end, the film states orally and in writing that eyewitnesses had implicated several law enforcement officers as participants in the deaths and subsequent cover-up, and named deputy sheriffs Jay Campbell and Kirk Lane among them. At the time the two deputies worked as Pulaski County sheriff's office narcotics detectives; they are now sheriff's office lieutenants. The script states, "Eyewitnesses have implicated Jay Campbell and Kirk Lane in the murders and subsequent cover-up." Campbell and Lane deny having anything to do with the homicides, and in 1997 sued Matrisciana for libel. Also named in the multimillion dollar lawsuit are the filmmaker's production company, Jeremiah Films, and Citizens for Honest Government, a non-profit watchdog organization which handles the distribution. In the weeklong federal trial in Little Rock before a visiting judge, U.S. District Judge Warren Urbom of Lincoln, Neb., Matrisciana focused his defense on his First Amendment right to freedom of the press and his reliance on those who actually researched the case, one of whom was an attorney. These were primarily Kevin's mother, Linda Ives; attorney Jean Duffey, a former county prosecutor who headed an Arkansas drug task force in 1990; and John Brown, a former homicide detective who worked closely with Duffey and Ives on developing the content and script of the video. The defense suffered a severe setback when a key witness disappeared. Last seen Tuesday at noon -- with a "scared look" in his eyes -- Ronnie Godwin slipped quietly away from the federal courts building where it was expected he'd testify. According to Ives and Duffey, Godwin -- whose name was made public for the first time Tuesday -- told them he had witnessed the actual kidnapping of Kevin Ives and Don Henry about 2:30 a.m., the night of the murder, from the parking lot of a small closed market near the railroad tracks where their mutilated bodies were later found. It was hoped that Godwin would tell the court what he saw that night and to name the abductors, whom he privately identified to Ives and Duffey as Jay Campbell and Kirk Lane. "But there's really no way to know that he would do that," said John Wheeler, media contact for the defense. "He might have said that -- but he was frightened and might just as well have refused to say anything even under oath." Linda Ives testified Wednesday about the importance of Godwin to the case. Ives, who has spent years researching the case in an effort to bring the killers of her son to justice, is convinced Campbell and Lane are the "hands on killers of my son," based in part on what Godwin has told her. Ives told the court she learned about Godwin from a State Police report she had obtained early in the case through the Freedom of Information Act. Godwin, who had been picked up on a DUI charge, told police he had seen two teen-age boys at the pay phone outside the closed grocery store where they had presumably run to call for help after witnessing the drug drop. He said he saw two men, who he believed to be undercover officers in plain clothes driving an unmarked police car, pull up, wrestle one of the boys to the ground -- and eventually throw them both in the back of the patrol car where another officer waited, and drive away with them. Godwin gave a description of the men to the police that fits the description of Campbell and Lane -- long hair, over 6 feet tall, 200 or so pounds -- but as Campbell and Lane point out, that fits a number of people, including others within the sheriff's department. Godwin never identified the men by name, at least not to the police. Linda Ives and Jean Duffey claim he told them privately that he knew them to be Jay Campbell and Kirk Lane. Which was why Matrisciana and his attorney John Wesley Hall were surprised to learn Godwin had been subpoenaed by the plaintiffs and his name was on their list of witnesses scheduled to give testimony -- particularly when he had told the defense he did not want to testify for anyone under any circumstances. Turns out he wouldn't have to. In hindsight the plaintiffs' subpoena of Godwin is viewed as being a very clever ploy. Since she was a witness for the defense, Ives was not allowed in the courtroom before presenting testimony, and spent Monday and Tuesday morning with Godwin in the witness waiting room. Before breaking for lunch Tuesday, Godwin was called before the judge, only to be released from the subpoena by the plaintiffs without the defense attorney and Matrisciana -- who had both left the courtroom -- being apprised of it. "I'm out-a-here," he told Ives who saw him in the hallway running towards the exit. "They've released me from the subpoena." Ives says she begged him to stay and testify -- that they were all counting on him, but he reportedly refused and said he would not answer "that question." Hall said Godwin had been followed after leaving the courthouse Monday and was afraid to testify. When Hall discovered Godwin had skipped, he requested the issuance of a subpoena, which Judge Urbom granted. It was too late. A private detective hired by the defense testified Thursday he had not located the reluctant witness and believed he might have left the state. The quick disappearance was considered by the defense as a blow to the case, and an admitted "tactical error on our part," according to Matrisciana, who regrets not having subpoenaed him for the defense to assure him being on their witness list as well as on that of the plaintiffs. The jury was not allowed to hear testimony from Ives about the conversation she had with Godwin Tuesday, However, Godwin was not the only source of the "Campbell-Lane scenario." Ives says she first learned about the alleged involvement of the pair from Dan Harmon, who in 1988 headed a county grand jury investigation into the deaths. The grand jury ruled the deaths were due to foul play, not accidental as Arkansas medical examiner Fahmy Malek, a Clinton crony, had previously ruled. Harmon is presently serving an 11-year federal sentence for racketeering, conspiracy and drug charges. Campbell and Lane testified they were investigating Harmon and that he spread rumors about their alleged involvement in the deaths in an effort to save himself. The deputies said Harmon took advantage of the general description given in Godwin's police report, and subpoenaed them to appear before the 1988 grand jury -- but first spread the rumor that "the killers" were about to testify. Ives and Duffey testified that they became suspicious of Harmon, and emphasized the scenario was corroborated by private investigator John Brown, a Saline County detective at the time of the killings. Brown participated in the production of the film, but denies ever singling out Campbell and Lane for involvement in the crime. In fact he now says he "warned" Matrisciana not to name the deputies in the video. Under oath Brown testified he had not personally investigated the involvement of deputies Campbell and Lane in the murders because that phase of the operation was supposed to be handled by the FBI. However, Brown did describe the Campbell-Lane scenario, which he said was commonly known to several law enforcement agencies. David Minasian -- who edited the video -- contradicted the veracity of Brown's testimony. Minasian swore that John Brown had told him, Duffey and Ives that he believed Jay Campbell and Kirk Lane were the actual killers. Minasian said that Brown, Ives and Duffey had control over the final version of the film and that all three had approved the final cut with its statement about Campbell and Ives. Minasian presented handwritten notes -- made at the time -- of conversations he had had with Brown as they were completing the film with those statements in them. There was no evidence of Brown having raised any objection, and Brown even bought 300 copies of the video. Reached for comment, Matrisicana told WorldNetDaily that the last thing the jury saw, before the plaintiff's attorney delivered his summary was video footage taken in 1994 showing John Brown saying that Jay Campbell and Kirk Lane were murder suspects. "He said it right on camera," said Matrisciana. "And then we rested our case." In his instructions Judge Urbom told the jury that "In order to win the suit the jury must be convinced that the statements in the video -- that the deputies were implicated by eyewitnesses -- was false and that Matrisciana acted with reckless disregard for the truth when he allowed the video to be distributed. "To meet the legal standard for reckless disregard, Matrisiciana, or Ives and Duffey acting in his behalf, would have to have had serious doubts about the truth of the statement," said Judge Urbom. For information and updates on the case, Linda Ives and Jean Duffey have a "Train Deaths" website. ================================================================= Kaddish, Kaddish, Kaddish, YHVH, TZEVAOT FROM THE DESK OF: <[EMAIL PROTECTED]> *Mike Spitzer* <[EMAIL PROTECTED]> ~~~~~~~~ <[EMAIL PROTECTED]> The Best Way To Destroy Enemies Is To Change Them To Friends Shalom, A Salaam Aleikum, and to all, A Good Day. ================================================================= DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om