October 16
Several weeks ago I received a call from Jeff Barker, a reporter with the Seattle Post-Intelligencer. He was responding to my letter and email. Jeff was very interested in learning more about Kelly. He had been involved with the case from the start and is writing a story about Kelly. He has since met with Suzy, Marilyn and Dennis. He told me he would be interested in talking to any family member that was interested in talking to him. If you would be interested, his email address is jeffreybarker@seattlepi.com.
Contrary to information obtained from the Medical Examiner's office, it was Jeff Barker who went to extraordinary lengths to locate the family. The Medical Examiner's office had given up and was no longer making an effort. It was through initiative taken by Jeff Barker that we were finally notified.
October 10
The hearing scheduled for October 8 was rescheduled for October 28.
October 8
The case setting hearing that was scheduled for yesterday was held over until today. The first two scheduled case setting hearings were postponed by agreement. The prosecutor's office is certain that today's hearing will also be postponed. As Cammy Hendrix explained, the case setting is simply a way for the courts to keep the case moving and on track. It is a forum for the exchange of information between the prosecution and defense. She said it is not uncommon for the case setting to be postponed for months. There is still a great deal of investigating to be done before the case can move past the case setting stage. The prosecutor's office feels that it will be months before a trial date is set. Cammy said that the case setting hearings are just "paperwork shuffling." She said the press doesn't even bother to attend because they are always postponed.
As for the meeting we had yesterday with Cammy and James Konat, there was not a lot of new information. Our meeting lasted for 90 minutes. During the first half, Mr. Konat summarized the events and the progress of the case up to now. During the second half, we asked questions and talked about Kelly. We gave him pictures of Kelly.
Mr. Konat said that Morgan and Graham had proclaimed themselves the "knockout kings" because of their attacks on homeless people.
He was at the scene that night and he saw Kelly. He also saw her at the medical examiner's office. He said that she did not look like a homeless person. He said her hair and hands were clean, her fingernails were "immaculate" and her cloths were "very clean".
Regarding the question of robbery, Mr. Konat said that in order to charge them with robbery, he has to be able to establish that they attacked her with the intent of robbing her. If they attacked her and then took her backpack as an afterthought, the prosecution would not be able to charge them with robbery.
Mr. Konat explained that the charging papers were worded so that additional charges could be filed. The prosecution would like to charge Morgan and Graham with murder in the first degree; but additional investigation is required before it can be established that there is evidence to support the charge. Regardless, Mr. Konat emphasized that Morgan and Graham would go to prison for a minimum of ten years.
October 1
The Seattle Post-Intelligencer and the South County Journal published articles about yesterday's hearing. The South County Journal also published an article about Kelly. Links are on the newspaper articles page.
September 30
Suzy and Dave attended the hearing today and met with the prosecutor afterwards. Here is what she had to say regarding the hearing and what she learned from the meeting:
Today Dave and I attended the hearing for Lamont Caw. He pleaded guilty to rendering criminal assistance in the first degree, which carries a sentence of up to 5 years and a fine of up to $10,000.00. The prosecution plans to recommend an open-ended sentence of 6-12 months as long as Lamont continues to cooperate and give truthful information to the prosecution.
The defense attorney for Caw asked that he be let out of prison until the trial of Graham and Morgan. Caw has been in jail since August 2. His mother spoke to the court asking that her son be released to her custody. Caw's attorney stated that Caw's 15 year old girlfriend was going to give birth at the end of October and that Caw wanted to be there. (He has another child with another Woman). Defense also states that there could be a danger to Caw's life because Graham is jailed in the same facility. Caw's attorney asked that bail be reduced from $200,000 to $5,000. The prosecutor countered the requests with a recommendation that Caw serve at least the minimum term (six months) and that bail be reduced to $50,000. The judge agreed with the prosecution and bail was set at $50,000. After 4 months the court will reconsider his sentence. The ultimate sentencing will be up to the sentencing judge.
Prosecution and detectives will start re-questioning all of the witnesses from the night of the murder. There have been no deals cut with Graham and Morgan. The prosecution plans on prosecuting to the full extent of the law which may include a special circumstances clause which would lengthen the jail time. It is questionable whether or not a robbery charge will be added. It could be 6-12 mos. before trial.
Morgan is on record as saying that his attack on Kelly was self-defense. Unfortunately, in the very liberal state of Washington the prosecutor will have to prove that it wasn't self-defense. In most other states the defense has to prove self defense. According to the prosecutor criminals in this state have more rights than are granted in the constitution. It sickens us that our tax dollars are going to defend these monsters and through public aid will be paying for their illegitimate children.
We will meet with James Konat and Mike Hogan (who will be prosecuting the case) on October 7 at 9:30. We find the prosecutors office to be very supportive and committed to seeking justice for Kelly.
Suzy Alton
September 28, 2002
I have obtained a copy of the Certification for Determination of Probable Cause. This document is a public record and is available to the press. Kathleen Merrill of the South County Journal sent me a copy. It is a ten page document that details what happened that night. As Kathleen advised me, it is detailed and graphic.
September 27, 2002
The South County Journal published a revised (by them) version of my letter today. Kathleen Merrill, of the South County Journal, has written a story about Kelly. She asked for a photograph and I sent her one by email. Regarding the photograph she said "The idea is for people to look at her as a person, not the 'homeless person' she's previously been identified as." The story should appear within the next few days.
September 26, 2002
The Seattle Post-Intelligencer published the letter to the editor that I submitted. There is a link on the newspaper articles page.
September 25, 2002
The hearing scheduled for tomorrow has been rescheduled for Monday, October 30. I spoke with Kathleen Merrill of the South County Journal. I told her that the family is very interested is seeing this case prosecuted to the full extent of the law; and that we believe that keeping the story in the public eye will help make that happen. She is interested in publishing a story about Kelly. The police won't give the press any details. I told her what I knew. It would be nice to see the true story in print.
September 24, 2002
Investigator Brad Gill of the King County Medical Examiner's office was able to provide information regarding the reason it took so long for the family to be notified. Kelly was positively identified through fingerprint records on August 2. There was no visual identification.
The police were unable to locate a family member. They contacted Regina Neal, a person they knew, through police records, to know Kelly. Investigator Gill learned through Regina Neal that Kelly had been in the Coast Guard. He contacted the Coast Guard National Records Center in St. Louis. He said that they were very slow in responding. Kelly had listed Sue as next of kin while she was in the Coast Guard.
It is my impression that the Medical Examiner's office put forth a great effort to contact the family. They contacted many agencies, including the Red Cross. In the end it was a Chief Tuckman of the Seattle Coast Guard office who provided Investigator Gill with the contact information obtained through the National Records Center.
September 23, 2002
I spoke with Sgt. Ken Thomas of the Kent Police Department today. He was able to provide a great deal of information.
Regarding the hearing scheduled for this Thursday, the prosecution will accept a plea of Rendering Criminal Assistance in the First Degree, a class C felony, from Lamont Caw.
The accounts in the newspapers are inaccurate. They are based on lies told by killers. Kelly was not trying to buy drugs. The police believe that they were trying to rob Kelly of her possessions and she fought back. The police have reason to believe that they had been assaulting and robbing homeless people in the area for some time. One of them had been arrested the week before for assault. Sgt. Thomas believes the victim in that assault was a homeless person.
The story, according to Sgt. Thomas, is that Jesse Morgan assaulted Kelly. Kelly fought back and was knocked unconscious. Morgan ran back to get his accomplices. When they returned to the scene, Lamont Caw approached Kelly. He claims he put his foot on her back and shook her. His story is that she wasnt moving and he wanted to see if she was okay. She lifted her head. That is when the other two, Morgan and Shaddie Graham, began kicking her. Caw claims to have turned and walked away.
I asked Sgt. Thomas if he believed Caw's story. He said that initially he did not. But three facts have convinced him that Caw is telling the truth. First, Caw passed a lie detector test. Second, the evidence was consistent with Caw's story. He left a bloody footprint on Kellys back. Sgt. Thomas said that the location and imprint of the footprint were consistent with Caw's version of what happened. (Morgan had given Kelly a bloody lip. That is where the blood came from that Caw stepped in). Finally, and perhaps most importantly, there was another witness. A 14 year old girl had run back out to the scene with the other three. She stood a short distance away and witnessed what happened.
Sgt. Thomas believes that if the killers plead guilty to murder in the second degree, they will be sentenced to the maximum sentence (26 years). He believes that if they plead not guilty, there is a strong likelihood that the prosecution will change the charge to murder in the first degree, in which case the maximum sentence would be life in prison.
My thought is that with Caw and the 14 year old girl as witnesses, why bargain with these killers at all. If the case against Morgan and Graham is as strong as I've been led to believe it is, then why not charge them with murder in the first degree in the first place? For that matter, it seems to me that they could charge them with aggravated murder in the first degree. Paragraph 11 of the Washington State Law states "A person is guilty of aggravated first degree murder if he or she commits first degree murder . . .and one or more of the following aggravating circumstances exist: The murder was committed in the course of, in furtherance of, or in immediate flight from . . .robbery in the first degree". The sentencing options for aggravated murder in the first degree are mandatory life without parol or death.
September 20, 2002
The prosecution has scheduled a hearing for Thursday, September 26 to accept a plea from one of the three arrested. Cammy did not have many details. But she said that he claims not to have been involved, that he remained in a car and witnessed the whole thing. She said that he was given a lie detector test and passed. With the deal they are offering him, he will be a witness for the prosecution. The disturbing part is that he will go to jail for only three years. And he had blood on his shoes. She really had no more information or answers. But she did say that the prosecution was doing the right thing and that she would have the prosecuting attorney contact me on Monday. She told me that I would feel good about it after talking to him. I doubt it.
September 17, 2002
The Case Setting scheduled for yesterday was postponed and has been rescheduled for October 7. Cammy Hendrix from the Victim Assistance Unit of the Prosecutors Office wants us to know that this case will be prosecuted to the full extent of the law. She said they won't let it just fall through the cracks. She also said that one of the defendants is willing to testify against the other two. A person named Regina Neal identified Kelly. She is listed in the Prosecutor's office as Kelly's "partner." The prosecuting attorneys in the case are James Konat and Mike Hogan. The attending physician at the Medical Examiners Office was Regina Chorsky. The Investigating Detective from the Kent Police Department is Wayne Himple. The case is receiving a lot of media attention in the Seattle area.
September 16, 2002
These are very sad, difficult circumstances. I can't begin to express the overwhelming sense of loss that I am feeling. I can't. For the sense of loss that we are all feeling, I extend my deepest and most heartfelt sympathies. My thoughts and prayers are with all of you.
I've compiled this information so that everyone can have access to the facts. Cammy Hendrix at the Victim Assistance Unit has been very helpful and kind.
Contact the King County Prosecutor's Office to let them know that we are interested in seeing this case prosecuted to the full extent of the law Let them know that Kelly was not just some transient--she was an educated, intelligent woman, loved by many.
I will update this page everytime I get new information.
A Case Setting was scheduled for today at 1p.m.. Cammy described this as a meeting between the prosecution and defense for discussion and discovery.
