Depraved Indifference: discrepancies in the Betty Carnes’ autopsy

Below is the Kentucky Missing Persons Report submitted by Kim Carnes, daughter of victim Betty Carnes of Barbourville, KY. Note that the daughter indicated the victim wore dentures.

Now compare the missing persons report to the appropriate section of the autopsy:

My hope is these documents speak for themselves and cast further doubt on those responsible for this investigation and prosecution.

Writer and author Matt McGough said it best regarding an unrelated murder case and the corruption of law enforcement:

“‘Covering up’ makes it sound like…something active is required of those detectives to cover something up. A coverup doesn’t require anything active. A coverup requires refusing to investigate what is obvious you have a responsibility to investigate.” (protected under Fair Use doctrine)

*Please note: all records are available to the public via FOIA requests to the appropriate agencies

The Pardon of Delmar Partin by Governor Bevin and the legacy of Karen Caldwell, former U.S. attorney

I received the most unexpected news last night, messages started flooding in about 7:30 EST: “Delmar has been pardoned!” It was a surreal moment, one I truthfully had not been expecting. It was when I read the words, “unconditional pardon” that I broke down in tears.

We would not be here today if Karen Caldwell, current Judge of the U.S. District Court for the Eastern District of Kentucky had done her job properly as U.S. attorney, in charge of prosecuting crimes under Operation Crabgrass.

Countless lives have been destroyed by Caldwell declining to pursue any more prosecutions after Tom O’Dell Smith. Karen Caldwell knew the depth of depravity this organization was willing to go to, and she allowed them to continue on, unabated.

I fully believe a large portion of the missing persons in the country are not in fact, being trafficked, at least not alive; I believe their bodies are being used for the shipment of drugs. If Karen Caldwell had done her job as U.S. Attorney, maybe this phenomenon would not have spread like a cancer over the last three decades. Karen Caldwell knows the wealth, the prominence, the political ties of those involved. Karen Caldwell should resign and repent for her role in permitting this evil to spread.

Depraved Indifference, Part 2: The autopsy of Betty Carnes…or was it?

“How can this possibly be another body?”

Someone once told me George Nichols, the former chief medical examiner of Kentucky, was a grade A asshole. So I can’t say his response to my question, “Could the body of Betty Carnes have been switched?” was out of the norm for his personality. But even though I told Dr. Nichols if by small chance this did happen, it would have been through no fault of his own or his office, he was still indignant at my question.

The first indication something seemed screwy with the Carnes autopsy was the examiner’s statement: “The body is that of a…white female appearing to be older than her offered age of 37 years.” Noteworthy because Betty was a beautiful, desirable woman; Delmar was not the first man to be romantically linked to the married mother of three. The autopsy went as far to call the pubic hair “focally gray.” Delmar emphatically tells me, “She did not have the body of an older woman, she was in excellent health and shape.” He says her hair color was the same color all over, and that he never understood the “focally gray” comment in the autopsy.

The height of the victim is also missing in the report. The body also lacked defensive injuries, which could be explained if she was knocked out from behind. But I couldn’t explain what I discovered next.

Do the dental records match?

George Nichols’ autopsy report states the body’s “natural anterior dentition is present and is in excellent repair.” In other words, the body’s front teeth were natural and in good shape. But Delmar says Betty wore a partial front plate, and that her front teeth couldn’t have been natural. Nichols goes on to describe the tip of the tongue (drying) and notes blood is within the mouth. When I question Dr. Nichols’ about the false teeth, he is caught off-guard and says maybe he just missed it. Maybe, I think. I’m starting to get curious, though, how a renowned forensic medical examiner can make a mistake that large, especially when he detailed the inside of her mouth so well.

Dr. Nichols’ statements only beget new questions.

During our first and only telephone call, he mentions Walter Hopper, the coroner, asked his office to come retrieve the body. But Walter Hopper was not the coroner of Knox County!

Walter Hopper and his family did operate funeral homes. But according to trial transcripts, Betty’s body was not being held at the Hopper family’s funeral homes. The body was at Hampton’s Funeral Home in Barbourville; at the time there was no mortuary for the coroner’s office in Knox County.  I can’t explain Walter Hopper’s role in contacting the Kentucky Medical Examiner’s office when he had no official capacity to do so.

The Hopper name had been brought up to me before, by a woman who had worked with Betty. She told me she had heard a rumor: Charles Hopper of Hopper Funeral Home, and Betty were seen together at a nightclub in Cincinnati. Charles was Walter Hopper’s nephew.

I can’t help but feel there is a connection. Especially considering Charles Hopper’s mysterious death three days before Delmar’s trial for Betty’s murder began.

The last time I had any contact from George Nichols was after I emailed him to point out that Hopper was not, in fact, the coroner of Knox County at that time. I received a voicemail from him not long later:

This is Dr. Nichols. I’m calling you as you asked me to. I can tell you that I remember nothing more than what our discussion was. My notes that are available through the M.E. office do not reflect anything…much more than that since it was such time was removed. (?) And the only other person who would know more than that was David Jones, who was my executive assistant, who went and fetched the body and brought it back from London to…uh, um, uh, greater London Kentucky to uh, the Louisville office. David has since died. I gave his eulogy and he’s been buried. So. There’s no other available information. So. You can pursue this as much as you want, but you’ll, there’s nothing I can inform you of that I haven’t already informed you. Sorry. Period. Bye.”

Dr. Nichols’ voicemail message presents another problem for me: the body wasn’t located in London, Kentucky! It was in Barbourville, a forty minute drive and another county away. Barbourville is not a part of the “greater London Kentucky area.”

When I first brought these irregularities with the autopsy to Nichols’ attention, he suggested there was a remedy for sorting it all out: they keep the DNA of every body autopsied on file at the medical examiner’s office. He requested I send him the information I had.

Below is a portion of the letter I sent him:

Dr. Nichols:

Thank you for giving me the opportunity to explain why I think the wrong body may have been autopsied. I cannot stress enough this would have been through no fault of you or anyone in your office.

You asked me, “How can this possibly be a different body?”

You mention you knew about traffickers shipping drugs in dead bodies. The same people that can do that to a corpse would have no scruples about switching a body to get away with murder. When I show you the victim’s connection to an international organization that was using the ‘dead body scam’ to ship drugs, you’ll understand why the odd discrepancies in the autopsy are alarming to me.

I believed Nichols’ duty to truth and his profession would compel him to get to the bottom of the discrepancies.

I waited impatiently for a response. When none came, I emailed him to follow up. I called and left a message with his secretary. Still, no response. Only when I sent him the email about Hopper not being coroner did I finally receive the before-mentioned voicemail from him.

Discrepancies in the autopsy aside, my own interaction with Nichols leaves me unsettled. He wants me to believe the answers I seek are dead and buried with his executive assistant, David Jones. Unfortunately, David Jones passed away 10 days after I sent Nichols the follow-up email asking him to contact me concerning the information I sent him.

 

Depraved Indifference: the Murder of Betty Carnes and the Wrongful Conviction of Delmar Partin

When I began studying the case of the tragic 1993 murder of Betty Carnes in Barbourville, Kentucky, an interesting piece of information popped up early in my research. A local millionaire, seemingly without any close ties to the victim, displayed an unusual interest in the murder trial. The family of the accused, Delmar Partin, could not understand this businessman’s interest in the trial. I was intrigued. What was the connection between Vance Mills, owner of a local hotel, gas stations, coal companies and even a bank, and beautiful 37 year old factory worker, Betty Carnes?

What I would discover over the next several years would be adequately described by one interviewee as “a rats’ nest” that had been infesting southeast Kentucky for decades.

The first question I usually get asked when I try to talk to people about Partin’s wrongful conviction, is why and how did I get involved? The answer is, purely by chance. I was doing research for this blog when I read a newspaper article about the murder and trial, and it shocked me Partin had got convicted with no physical evidence, clearly not enough time to commit the crime, a tenuous motive and arrested after a mere two hour investigation.

Unfortunately, I have no formal experience in lawyering or investigating, and that hurts my credibility. Maybe that’s why I can’t find any help for Partin.  I’ve asked attorneys, private investigators, journalists, even law enforcement. But I don’t discount the fact more than one person in this cast of characters has ties to U.S. Congressman Hal Rogers, occupying the Commonwealth’s seat in the House of Representatives since 1980. Is it a coincidence the crime syndicate I would eventually learn about has been operating in southeast Kentucky for about as long?

The depravity of the individuals involved in this story doesn’t help my credibility. It’s hard to fathom people could be so vicious, so inhumane to other human beings… even harder to believe upstanding members of the community could be involved. When you hear stories like this, you hope the messenger is crazy, that people couldn’t possibly be so evil.

So, in the spirit of meeting crazy head-on, I’ll share one of my more eye-opening conversations with a man who knew some of these Kentucky organized crime characters intimately; in fact he was, at one time, under investigation with them by the FBI. A well-respected upstanding businessman who has given back generously to his community, I trust what he tells me. He was never charged in that investigation. He was horrified when he found out the extent of his associates’ crimes. He despised these men and the evil they did.

He was also a former CIA contractor.

He had mentioned a hit man that ran a Middlesboro mortuary during one of our conversations, and I decided to bring the subject up again. He responded,

“I’ll never forget that guy, I’ll never forget him. He was probably Renfro’s age at that time. I’ll never forget, Johnny Asher said to me one day, ‘We got it figured out back here. You kill a hog, we could never figure out how to get paid when he squeals. But we learned how to use every part of that hog when we’d kill him. But we could never figure out how to get paid for the squeal.’  I couldn’t figure that out for a long time. What in the heck does he mean by that?

“Then they had offered me, ‘If you ever die, we’ll give you a free funeral. If any of your friends ever die, we’ll give them free funerals.’ Well that’s almost unheard of. That’s real southern hospitality they showed me at the start. I didn’t know they was gonna take these people and stuff them full of guns and drugs and network them through the whole country. That’s what they got caught for. And they didn’t get jail for it! What you are dealing with, it’s pretty serious stuff.”

This is the crime syndicate I believe is responsible for Betty’s Carnes’ murder and the subsequent wrongful conviction of Delmar Partin.

This group also has ties to the unsolved murder of Richmond, Kentucky’s Monroe Brock, former owner of the well-known nightclub, “The Maverick.”

It’s hard to believe so many connections in this story are all coincidences.  At what point do we begin to question if there is, indeed a conspiracy?

Did Tom Handy, Commonwealth Attorney and Partin’s prosecutor, know there were much more likely suspects in the Betty Carnes’ murder case? If so, why were these suspects not investigated?

 

 

Delmar Partin: Murderer? Or Wrongfully Convicted?

delmar-partinMost people in Bell County Kentucky are familiar with the unsolved murders of Jennifer Bailey and Greta Henson. There are many other unsolved murders or missing persons cases in which the families have no closure, like the case of Robbie Hoskins or the case of Katherine Heck, both missing now for several years.

One murder case I came across that left me scratching my head was the conviction of Delmar Partin for the beating and beheading of Betty Carnes, a crime that occurred Sept. 26, 1993 at a manufacturing plant in Barbourville, Kentucky.

Tremco Inc. is a manufacturing/military-industrial contractor for Oak Ridge laboratories as well as a former contractor for the Portsmouth Gaseous Diffusion uranium enrichment plant. At the time, Tremco was located thirty miles away from Cumberland Gap, which explains how I initially stumbled onto this 20 year-old murder case: I was searching for local companies with ties to the nuclear industry.

Partin and Betty, coworkers at Tremco Inc., were previously involved in an affair.  A Daily News August 18, 1994 newspaper article states:

Handy [the prosecuting attorney] said Carnes and her husband were separated in January 1993, and that she and Partin had an affair from that time until around Easter that year.

It is unclear if the affair precipitated the separation. We do know the timing of the separation of Betty and her husband coincides with the timing of the affair with Partin. The prosecutor is quoted in the same news article, saying:

This defendant, Delmar Partin, was the person who had the motive, and the person who had the last opportunity, and the person who had the will to commit that murder of Betty Carnes.(4)

Except this is not entirely true. Other people could also have been very angry with Betty: her husband Phillip, as well as Partin’s wife. Had Betty been romantically involved with other coworkers?

Beating, decapitating, and cleaning house- all in under 25 minutes

The prosecutor brought up Partin’s opportunity to commit the crime. However, the evidence presented at trial immediately raises doubt that Partin could have committed this crime. The question remains: how could the jury convict so quickly when the case is littered with reasonable doubt? The circumstances concerning the crime which clearly raises questions about Partin’s guilt are as follows:

-September 26, 1993: Betty Carnes was murdered, supposedly at the Tremco plant in Barbourville

-September 26, 1993- Delmar Partin is seen at the Tremco plant. Although it is his day off, he is there to drop off a magazine and some ammo to a coworker. There was no report of a gun used in the commission of this crime. What were the circumstances under which Partin was bringing these items to his co-worker on his day off? Was Partin actually lured to the plant the day of the murder?

-September 27, 1993: Betty’s body is discovered at the Tremco plant, beaten and decapitated, stuffed in a hazardous waste barrel slated for incineration. Delmar Partin is later arrested for the crime. (*Note: what prompted the employee to open a barrel that was scheduled to be incinerated?)

-Despite the bloodiness of the crime, the area in the plant where the crime allegedly occurred was surprisingly clean, save for blood spatter on the ceiling above the 55-gallon drum where Betty’s body was found. Barbara Wheeler, the KSP crime analyst at the time, said hair found in this blood spatter was determined not to belong to Betty. However, Wheeler said no DNA testing of the hairs were performed because no follicles were present. No mention is made if the blood spatter on the ceiling was DNA tested to determine if it actually belonged to Betty or an assailant. (1)

-Conveniently, a bloody apron and gloves were easily located in a room adjacent to where the body was found, which led investigators to conclude the murder took place at the plant. (1)

– No blood was found on Partin’s clothes, car or home.(2)

-The most time Partin had to commit this crime was 25 minutes. 25 minutes to bludgeon, decapitate, scour the crime scene area of blood, launder or change his clothes, wash up, and “pull himself together” after such a dramatic act. If Partin did commit this crime, and completed such an effective cleanup job, why would he leave bloody gloves and an apron behind to be found? I believe this evidence was planted to frame Partin. Otherwise, Partin would have placed the gloves and apron in the drum with the body to be burned.

-A coworker testified “there was nothing unusual about [Partin’s] demeanor when he left the lab area.” (1) In my opinion, this is because Partin did not commit the crime, had no realization Betty had been murdered and was stuffed in the drum in the plant, and therefore had no reason to behave any differently.

-Betty was missing almost an entire day before her body was discovered.(4)  To assume this murder was committed and cleaned up in 25 minutes of those missing 24 hours, is incredibly irresponsible of investigators.(3)

Opportunities to acquire important evidence were ignored

-No DNA testing was performed on a hair follicle found in Betty’s hand.

-KSP Detective Grant Adams admitted under oath he did not take fingerprints at the scene, saying he assumed the assailant was wearing gloves. This immediately raises reasonable doubt that Partin was the murderer. Without fingerprints from the crime scene, we’ll never know how many other individuals were in that room with the drum containing the murdered body of Betty Carnes.(3)

-From what I can ascertain, no DNA testing was performed on the blood spatter on the ceiling above the crime scene that contained an unknown person’s hair. Clearly the presence of a third, unknown party whose hair is found in blood spatter at the crime scene, establishes reasonable doubt.

The truth is simple: there is no clear, convincing, let alone convicting evidence that Delmar Partin is Betty Carnes’ killer. Until this case is re-opened and evidence finally tested for DNA, Partin sits in a prison convicted of a crime I believe he did not commit. There is no honor, no justice in imposing a life sentence on a person, with not one speck of blood evidence or DNA to convict.

Assumptions make a mockery of justice

There were so many presumptions made in this case, and no physical evidence to support them. I’ve outlined several of these glaring assumptions that may have helped send an innocent man to prison:

1. Investigators assumed Betty never the left the plant in the almost 24-hour long time period she went missing.

2. Investigators assumed Betty was murdered at the plant.

3. A fiber found in the barrel containing Betty’s body was assumed to be from the same shirt Partin was wearing that day. However, the defense attorney revealed “many people at the plant wear such work shirts.”(4) There was also conflicting testimony on the color of the shirt Partin was wearing to and leaving the plant. If they cannot even decide what shirt he was wearing, how can they say definitively, this fiber was from his shirt?(1)

4. Delmar Partin was assumed to be the only person angry with Betty, because she supposedly ended their affair. Yet no mention is made if investigators assumed Betty’s husband was angry, who had to endure her affair with Partin. Or if Partin’s wife was angry. I would wager neither of these people were happy about Betty and Partin’s relationship. This establishes even more reasonable doubt, and certainly excludes Partin as the only suspect with motive.

5. Hair fragments found in a pocket knife and paper towels in Partin’s home were assumed to be Betty’s, even though there was no DNA proof of this. (1) Did the prosecutor expect the jury to believe that Betty’s decapitation in which “…head had been severed from her body…cut along the chin line to around to the shoulders…[and] it was an even cut,” (4) had been accomplished with a mere pocket knife?  I submit that would be impossible. Messy, and impossible. Not to mention, no one is cleaning up a decapitation done with a pocket knife in under 25 minutes. Not even if they had the whole crew of Merry Maids to help.

August 1990: Jennifer Bailey violently murdered

January 1992: Greta Henson violently murdered

September 1993: Betty Carnes bludgeoned and decapitated

All three of these murders were violent, bloody, and involved some kind of dismemberment or mutilation.(7) Were these murders, coincidentally occurring during the Cumberland Gap Tunnel construction, connected?

The Sarasota Herald-Tribune reported in 2005 that Parsons Brinckerhoff had hired at least 30 inspectors with criminal records to work in a subsidiary of the company that held a $150 million contract with FEMA.(5) Interestingly, Parsons Brinckerhoff was one of the main contractors at Cumberland Gap Tunnel. If Parsons Brinckerhoff will hire inspectors with embezzlement, drug and robbery charges to ensure the safety of citizens, do you think they are above hiring construction personnel with criminal records to work on a tunnel?

Did law enforcement investigate or interview any of the out-of-state workers who were in the area at the time working on the Cumberland Gap Tunnel construction?

There is one more coincidence between the Bailey, Henson and Carnes’ murders. Even though the Carnes murder allegedly took place one county over, in Knox County, it was a Bell County judge who was appointed special judge over Partin’s bond hearing. The judge even rejected a request from the prosecutor to reinstate a higher, original bond of half a million dollars for Partin. Thus, Partin was freed on bond after “six properties and an unspecified amount of cash were posted to allow for Partin’s release.”(6) To tie in to the Bailey and Henson murders, the two women were cousins from Bell County; and one of the judge’s family members were associated with one of the cousins.(7)

References:

Tremco Commercial Sealants and Waterproofing: a “frequent partner in military construction projects”

(1) “Decapitation case defense rests quickly.” Daily News, August 23, 1994

(2) “Decapitation case deliberated.” Kentucky New Era, August 24, 1994

(3) “Time now a key in decapitation case.” Daily News, August 21, 1994

(4) “Decapitation trial begins in Knox.” Daily News, August 18, 1994

(5) “Some FEMA inspectors had criminal records.” Sarasota Herald-Tribune, April 25, 2005

(6) “Man who allegedly decapitated co-worker freed.” Kentucky New Era, January 17, 1994

(7) confidential source from Bell County with credible knowledge of the victims