WHSMT 2016
State of Wyoming vs. Frances(is) Warren
State of Wyoming
vs.
Frances(is) Warren
Wyoming High School
Mock Trial 2016
The “invaders” of the Johnson County War, in custody at Fort D.A. Russell
in Cheyenne in the spring of 1892. All charges were eventually dismissed
Jim Gatchell Memorial Museum, Buffalo, Wyoming
More about this photo inside.
This case was adapted from one written by the Bar Association of Metropolitan
St. Louis for the 2006-2007 Missouri High School Mock Trial Competition. The
Wyoming High School Mock Trial Program hopes the case spurs interest in this
important event in Wyoming history.
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
About the photo on the cover:
The invaders of Johnson County War failed in their attempt to rid the county of
settlers and rustlers, in March and April of 1892. The cattlemen and hired “regulators”
recruited from Texas were rescued from angry Johnson County residents and were
taken into custody, as much for their own protection as for prosecution.
They are photographed here while in custody at Fort D.A. Russell in Cheyenne,
in the spring of 1892. All charges against them were eventually dismissed.
Photo is courtesy of the Johnson County Jim Gatchell Memorial Museum in
Buffalo, Wyoming. www.jimgatchell.com.
We urge everyone to read an excellent essay by John W. Davis about this
bizarre, murderous and ill-fated campaign by Wyoming cattlemen, “The Johnson
County War: 1892 Invasion of Northern Wyoming.” www.wyohistory.org/essays/
johnson-county-war.
Davis’ book on the subject Wyoming Range War is recognized as one of the
best accounts of what has been described as “a story outdlandish enough to defy
credibility.”
We also recommend reading Banditti of the Plains, published by newspaper
editor Asa Mercer just two years after the invasion. This book was reviled by the
cattlemen, and only a few copies escaped confiscation. It’s a colorful telling of the “war”
and expresses the anger felt by Wyoming people of the day.
Wyoming High School Mock Trial
www.wyomingmocktrial.com
[email protected]
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
STATE OF WYOMING VS. FRAN WARREN
STATEMENT OF THE CASE
In the spring of 1892 tensions were high on the plains of northeastern Wyoming. For years the
large cattle ranchers associated with the Wyoming Stock Growers Association had been feuding with the
homesteaders and small ranchers of Johnson County. The ranchers’ operations depended on unrestricted
access to public grazing land. Settlers and their fences put an end to that. Disputes over land, water and cattle
led to lynching, gunfights and assassination attempts. Finally the WSGA decided the time had come to clear
the area of the small time operators and their allies before the spring roundup. War was about to come to
Johnson County.
An army of ranchers, state officials and 23 hired gunman assembled in Cheyenne and boarded a
specially outfitted train on April 5, 1892. Just outside Casper, they switched to horseback and rode north
with a list of some 70 men to be hunted down and killed. They killed several by ambush, but it was the
cowardly assassination of small rancher Nate Champion that brought the citizens of Johnson County
to surround and lay siege to the TA ranch, where the invaders were holed up. Only the reinforced walls
of the ranch buildings lay between them and near certain death at the hands of an outraged and wellarmed citizenry. A massacre was averted by the timely arrival of the United States Cavalry, who had been
dispatched by President Benjamin Harrison at the request of Governor Amos Barber, who had called
upon the assistance of Wyoming’s two U.S. senators, Francis E. Warren and Joseph Carey, to quell this
“insurrection “ and rescue the besieged cattlemen.
Although the invading army was arrested and taken into custody, legal maneuverings by Governor
Barber, the WSGA and their powerful allies in Cheyenne frustrated any effort to bring the invaders to justice.
An uneasy peace returned to the prairie, but questions still remained unanswered about the role that leading
men, such as Warren and Carey, may have played in the weeks and months leading up to the battles known
as the Johnson County War.
Members of the History Department at Wyoming State University became embroiled in another
dispute over this disreputable chapter of Wyoming history. A new discovery of papers that allegedly
belonged to Governor Barber promised to shed new light on the events of 1892. Professor Asa Mercer was
looking forward to publishing these papers and exposing what may have been proof that Warren and other
leading citizens were involved in the planning and execution of the invasion itself. Armed with these papers,
Mercer foresaw not only the chance to enhance his/her own standing as a historian, but also to undercut
the research of rival Professor Frances(is) Warren, who has been planning to release a book extolling and
exonerating the role that his/her relative had played in the affair. Professor Warren contended the so-called
Barber Papers were nothing more than a fraud and a forgery and a shameful attempt to gain celebrity,
at the expense of a fine founding father of Wyoming. That claim was supported by fellow historian and
handwriting expert Professor Kaycee Roberts.Tensions ran high in Carter City and professional reputations
were at stake.
However, before Mercer and graduate assistant Nicole/Nicholas Ray could publish their analysis of
the Barber Papers, someone broke into Mercer’s office, assaulted Mercer and stole the papers. The Carter
City Police Department’s chief detective, Red Angus, focused his investigation on Professor Warren, who
was charged with aggravated burglary and aggravated assault. Professor Warren denied involvement and
hired Jo(e) Elliott, a private detective, to demonstrate the deficiencies in the investigation that led to these
charges. This case has now been called for trial.
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State of Wyoming vs. Frances(is) Warren
WITNESSES
The prosecution will call the following witnesses:
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Asa Mercer, the victim of the alleged assault
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Nicole/Nicholas Ray, the graduate assistant of Professor Mercer, and
•
Lt. Red Angus of the CCPD.
The defense will call the following witnesses:
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Frances(is) Warren, the defendant,
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Kaycee Roberts, a fellow professor and expert in handwriting analysis, and
•
Jo(e) Elliott, a private detective.
EXHIBITS
The exhibits that are available for the use of the parties shall be the following:
Exhibit 1:
Genuine certified exemplar of actual handwriting of Governor Amos Barber on loan to
Wyoming State University
Exhibit 2:
Copy of the missing “Barber Papers” attributed to Governor Amos Barber
Exhibit 3:
Letter dated March 10, 2015, from Frances(is) Warren to Nicole/Nicholas Ray.
Exhibit 4:
Papers”
Letter dated April 8, 2015, from Frances(is) Warren to Asa Mercer regarding the “Barber
Exhibit 5:
Letter dated April 15, 2015, from Asa Mercer to Frances(is) Warren
Exhibit 6:
Fingerprint record of Frances(is) Warren from Wyoming State University records
Exhibit 7:
Fingerprint record of Frances(is) Warren from Carter City Police Department records
Exhibit 8:
Fingerprint Analysis Report from Carter City Police Department
Exhibit 9:
Latent Footprint Analysis Report from Carter City Police Department
Exhibit 10:
Photo of crime scene showing location of Mercer’s body
Exhibit 11:
Photo of crime scene showing broken glass on window ledge
Exhibit 12:
Photo of crime scene showing open file drawer and broken glass
Exhibit 13:
Photo of crime scene showing open file drawer
Exhibit 14:
Photos of crime scene showing ladder and piece of wood
Exhibit 15:
Photo of crime scene showing Paulie
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
IN THE DISTRICT COURT FOR THE TENTH JUDICIAL DISTRICT,
COUNTY OF CARTER, STATE OF WYOMING
STATE OF WYOMING,
Plaintiff
vs.
FRANCES(IS) B. WARREN,
Defendant
)
)
)
)
)
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)
CR-15-0095
FELONY INFORMATION
COMES NOW the State of Wyoming, by and through the authority of Stephanie Smith, County Attorney in and
for the County of Carter, State of Wyoming, and hereby informs the Court and gives the Court to understand
that the above-named Defendant, Frances(is) B. Warren,
COUNT I
On or about May 9, 2015, in Carter County, Wyoming, Frances(is) B. Warren, in Carter County,
Wyoming; entered a building or occupied structure with intent to commit theft or a felony therein; and in the
course of committing the theft or felony, was armed with or used a deadly weapon; or knowingly or recklessly
inflicted bodily injury on Erin/Aaron Mercer, or attempted to inflict bodily injury on Erin/Aaron Mercer, in
violation of Wyoming Statute §6-3-301(a)(c)(i), (ii) and (iii), a felony, punishable by not less than five (5) years
nor more than twenty-five (25) years, a fine of not more than fifty thousand dollars ($50,000.00), or both.
COUNT II
On or about May 9, 2015, 2015, in Carter County, Wyoming, Frances(is) B. Warren, in Carter County,
Wyoming Caused serious bodily injury to another person intentionally, knowingly or recklessly under
circumstances which showed an extreme indifference to the value of human life, in violation of Wyoming
Statute W.S. § 6-2-502(a)(i), a felony, punishable by not more than ten (10) years.
All contrary to the form of the Statute in such case made and provided, and against the peace and dignity
of the State of Wyoming.
WHEREFORE, the undersigned prays that a warrant issue fo the arrest of the above-named Defendant.
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State of Wyoming vs. Frances(is) Warren
STATE OF WYOMING
BY: Stephanie Whitman
COUNTY and PROSECUTING ATTORNEY
In and for Carter County, Wyoming
STATE OF WYOMING
COUNTY OF CARTER
)
)
I, Stephanie Whitman, County Attorney of the County of Carter, State of Wyoming, Tenth Judicial
District, do solemnly swear that I have read the above and foregoing Felony Information by me subscribed, that
I know the contents thereof, and that I have been reliably informed and believe the facts therein stated are true
to the best of my knowledge.
Stephanie Whitman
COUNTY and PROSECUTING ATTORNEY
Sworn to before me and signed in my presence the First day of June, 2015 and I do hereby so certify.
Chris Smith
NOTARY PUBLIC
My Commission Expires Jannuary 1, 2018.
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State of Wyoming vs. Frances(is) Warren
IN THE DISTRICT COURT FOR THE TENTH JUDICIAL DISTRICT,
COUNTY OF CARTER, STATE OF WYOMING
STATE OF WYOMING,
Plaintiff
)
)
)
)
)
)
vs.
FRANCES(IS) B. WARREN,
Defendant
CR-15-0095
)
JURY INSTRUCTIONS
PRESUMPTION OF INNOCENCE
The law raises no presumption against the defendant but rather, the presumption of law is in favor of
his innocence. In order to convict the defendant of the crime charged, every material and necessary element to
constitute such crime must be proved beyond a reasonable doubt, and if the jury has a reasonable doubt on any
necessary element, it is your duty to give the benefit of such doubt to the defendant and acquit him.
This presumption of innocence is not merely a matter of form which the jury may disregard at pleasure,
but rather it is a part of the law of the land and it is a right guaranteed by that law to every person accused of
crime. This presumption of innocence continues with the defendant through all the stages of the trial and until
the case has been finally submitted to the jury and until the jury has found that this presumption has been overcome by the evidence in the case convincing you of his guilt beyond a reasonable doubt.
The Information in this case is only a formal charge and is not to be considered any evidence of guilt
on the part of the defendant. Nothing is to be taken by implication against him.
ELEMENTS OF AGGRAVATED BURGLARY
The elements of the crime of Aggravated Burglary as charged in this case are
1. On or about the 9th day of May 2015
2. In Carter County, Wyoming;
3. The Defendant, Frances(is) B. Warren;
4. Entered a building or occupied structure with intent to commit theft or a felony therein; and
5. In the course of committing the theft or felony,
a)
b)
c)
was armed with or used a deadly weapon; or
knowingly or recklessly inflicted bodily injury on anyone, or
attempted to inflict bodily injury on anyone
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State of Wyoming vs. Frances(is) Warren
If you find from your consideration of all the evidence that each of these elements has been proved
beyond a reasonable doubt, then you should find the defendant guilty.
If, on the other hand, you find from your consideration of all the evidence that any of these elements has
not been proved beyond a reasonable doubt, then you should find the defendant not guilty.
Source: W.S. § 6-2-301(a)(c)(i), (ii) and (iii)
ELEMENTS OF AGGRAVATED ASSAULT AND BATTERY
The elements of Aggravated Assault and Battery as charged in this case are
1. On or about the 9th day of May 2015;
2. In Carter County, Wyoming;
3. The Defendant Frances(is) B. Warren;
4. Caused serious bodily injury to another person intentionally, knowingly or recklessly under circumstances
which showed an extreme indifference to the value of human life;
If you find from your consideration of all the evidence that each of these elements has been proved beyond a reasonable doubt, then you should find the defendant guilty.
If, on the other hand, you find from your consideration of all the evidence that any of these elements has
not been proved beyond a reasonable doubt, then you should find the defendant not guilty.
Source: W.S. § 6-2-502(a)(i)
DIRECT AND CIRCUMSTANTIAL EVIDENCE
There are two types of evidence from which you may find the truth as to the facts of a case - direct and
circumstantial evidence. Direct evidence is the testimony of one who asserts actual knowledge of a fact, such
as an eyewitness; circumstantial evidence is proof of a chain of facts and circumstances indicating whether the
defendant is guilty or not guilty. The law makes no distinction between the weight to be given to either direct or
circumstantial evidence. Nor is a greater degree of certainty required of circumstantial evidence than of direct
evidence. You should weigh all the evidence in the case. After weighing all the evidence, if you are not convinced of the guilt of the defendant beyond a reasonable doubt, you must find him not guilty.
EXPERT OPINIONS
A person is qualified to testify as an expert if that person has special knowledge, skill, experience, training, or education sufficient to qualify as an expert on the subject to which the testimony relates.
Duly qualified experts may give their opinions on questions in controversy at a trial. To assist you in deciding
such questions, you may consider the opinion with the reasons given for it, if any, by the expert who gives
the opinion. You may also consider the qualifications and credibility of the expert.
You are not bound to accept an expert opinion as conclusive, but should give to it the weight to which you find
it to be entitled. You may disregard any such opinion if you find it to be unreasonable.
BURDEN OF PROOF
The law never imposes upon a defendant in a criminal case the burden or duty of calling any witnesses
or producing any evidence on the question of guilt or innocence. The burden is always on the State to prove the
defendant’s guilt beyond a reasonable doubt as to each element of the offense.
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State of Wyoming vs. Frances(is) Warren
IN THE DISTRICT COURT FOR THE TENTH JUDICIAL DISTRICT,
COUNTY OF CARTER, STATE OF WYOMING
STATE OF WYOMING.
Plaintiff
vs.
FRANCES(IS) B. WARREN,
Defendant
)
)
)
)
)
)
)
CR-15-0095
STIPULATIONS
COME NOW the Parties, by and through their respective counsel, and do hereby stipulate as follows:
1.
On Saturday, May 9, 2015, Detective Red Angus of the Carter City police Department found Professor
Asa Mercer, Associate Professor of History at Wyoming State University, unconscious on the floor of his home
office on the Wyoming State University campus in Carter City, Wyoming. Red Angus assumed responsibility
as the lead investigator on the case. In the course of the investigation Red Angus recovered fingerprint and
shoeprint evidence from the scene.
2.
Other members of the investigation team obtained photographs of the scene and collected other physical
evidence, which included: a) a homemade wooden ladder that was found in a dumpster in an alley three blocks
from Professor Mercer’s home and b) a two foot long piece of wood containing hair samples that matched the
hair of Professor Mercer.
3.
The Defendant, Frances(is) B. Warren has been charged with one count of aggravated burglary in
violation of Wyoming Statute 6-3-301(c) and one count of aggravated assault in violation of Wyoming Statute
6-2-502(a). The Defendant has pled not guilty to all charges.
4.
The Court has previously ruled that the Defendant was properly advised of his/her Miranda rights and
that he/she has waived those rights knowingly and voluntarily. Defendant will testify at trial and has waived
his/her Fifth Amendment rights.
5.
Defendant will not sit at counsel table during trial and will sit with the other defense witnesses.
6.
The Parties have designated and stipulated to the qualifications of the following expert witnesses in the
following fields:
a)
Professor Asa Mercer is an expert in American and Wyoming history in general and in the events
known as the “Johnson County War” in particular.
b)
Professor Frances(is) B. Warren is an expert in American and Wyoming history in general and in
the events known as the “Johnson County War” in particular.
c)
Professor Kaycee Roberts is an expert in American and Wyoming history in general and in
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State of Wyoming vs. Frances(is) Warren
forensic handwriting analysis.
No challenges to the qualifications of these experts to offer opinions in their respective fields will be
allowed. Objections to specific opinions may be made as allowed under the rules of evidence.
7.
If any other witness is called upon to offer expert testimony, the party calling the expert shall be required
to lay a proper foundation for the witness’s expertise in accordance with the rules. Once that foundation has
been laid, the witness may testify as to his/her opinions without being tendered to the Court as an expert.
Objections to the witness’s qualifications and to specific opinions may be made in accordance with the rules of
evidence.
8.
The chain of custody for all physical evidence has been properly maintained at all times.
9.
All exhibits are authentic. Copies of exhibits may be offered and entered into evidence in lieu of the
originals. All such copies are true and accurate copies of the originals.
10.
All signatures on written documents and affidavits are authentic and all affidavits were properly executed
under oath. All persons signing the affidavits had the opportunity to read the affidavits and to make corrections
before signing.
11.
The Court has previously ruled that all evidence collected by the authorities at the scene and in the
course of the investigation was legally obtained and that this evidence was not the product of any unreasonable
search and seizure. No further objections on these grounds will be permitted.
12.
The Fingerprint Analysis Report (Exhibit 8) and the Latent Footprint Analysis Report (Exhibit 9) will
be received in evidence, if offered, without further foundation. No further objections will be permitted to the
admission of these exhibits.
13,.
Each witness is bound by the contents of his/her affidavit. Witnesses are not bound by the statements
contained in the affidavits of other witnesses.
14.
The Statement of the Case is not evidence and may not be used for any purpose at trial. The only
evidence that may be offered and received at trial is the testimony of the witnesses and the exhibits that have
been marked and included in the trial materials.
15.
The parties may refer to and/or read from the instructions of the Court during their closing arguments.
16.
All parties are properly before the Court. The Court has jurisdiction over the subject matter and over the
parties. Venue is properly laid in Carter County, Wyoming.
Dated this 10th day of November 2016.
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State of Wyoming vs. Frances(is) Warren
Asa Mercer - Affidavit - Prosecution
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My name is Asa Mercer and I’m a Professor of History at Wyoming State University right here in
Carter City. I have an undergraduate degree in Early American History from Denver University
and completed my graduate work at here at Wyoming State (Go Ferrets!).
I’m known throughout the country as an expert on the cattle barons of Wyoming and their political
power in the 1870s, 1880s and 1890s. I am getting a reputation as having a particular expertise
in the Johnson County War, when the big cattle ranchers ran completely amok to protect their
interests. I attribute my success to the way I dig a deeper than the average historian, researching
and exposing previously unknown stories from American and Wyoming history. This is how I
came to possess the papers of Amos Barber, the Wyoming secretary of state who briefly served as
governor when Francis E. Warren left the governorship he had just won in 1890 to fill our state’s
new seat in the U.S. Senate. Barber served through 1892 and then moved back to secretary of state
for one more year and then went back to his medical practice in Cheyenne until he died in 1915.
You know, he’s buried in Lakeview Cemetery in Cheyenne.
Anyway, for three years Barber was governor, and that included the Johnson County War, and he
could say who knew what and who did what to plan that murderous invasion, try to get federal
troops to take over and then to let those cattlemen off scot free
My graduate student, Nic/Nick Ray came to me with some documents he found in the family
home of Governor Barber back in Doylestown, Penn. More accurately, someone in Barber’s
family found the documents among the papers of Barber’s cousin, Millie Barber. Barber had sent
his cousin an entry in his/her private journal with a hand-written note about the role of Francis E.
Warren in the cattlemen’s invasion. The old former governor sent them to Millie shortly before
he died, on May 19, 1915. Ray was working with Professor Fran Warren on the subject of the
Johnson County War, and he stumbled on these great finds in February 2015.
This is going to be a bombshell. The journal page and the note support contentions that have been
made for years that Francis E. Warren was deep into the murderous planning and execution of the
Johnson County invasion. He has been revered as one of the pioneering heroes of Wyoming, and
there’s even an Air Force Base at Cheyenne that bears his name.
I braced myself for attacks, especially by my colleague and assailant, Professor Fran Warren. S/
he puts Warren on a pedestal and will dispute any suggestion he was just a typical politician of
the day, helping his powerful friends and driving down the poor settlers. Of course, he used his
connections and clout to help out his friends in the cattle business. Prof Warren’s devotion has
turned her/his work into second-rate stuff. History does not blink at the truth. I know some people
say I am just a headline-grabber, repeating rumors just to get an interview on CNN. The truth is I
do listen to rumors, but I follow them up and I get solid evidence before I go into print. And that’s
what I was going to do with the Barber papers. If it ruined the big plans of Prof Warren, well that
Mercer 1
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State of Wyoming vs. Frances(is) Warren
was his/her problem for putting sentiment before scholarship. I get the calls to be the pundit on TV,
and students compete to get into my classes. That’s because I make history come to life. I talk about
the men and women behind the headlines, including their weaknesses.
It’s not fair. Warren gets the reputation for being scrupulous, and I get the label of being
sensational. I’m the true historian. I go wherever the research leads me. If it’s scandalous, so
much the better. If it shocks people, well, sometimes that’s what it takes to grab the attention away
from smartphones. I confess I was going to get a kick out of getting some celebrity out of this –
including paid speaking gigs. And I was going to get some satisfaction out of messing up Fran’s big
book plans.
If you know something about the cattlemen’s invasion of Johnson County in 1892, you realize that
the invasion planning and execution involved a lot of very powerful people in Wyoming, and the
follow-up and shenanigans that got all those cattlemen off scot-free involved even more. Francis E.
Warren was a member of the Stock Growers and a U.S. senator with access to the president of the
United States, Benjamin Harrison. But how far did his participation go, and what did he think was
going on? That speculation was going to end, with publication of Barber’s journal and letter. I was
going to get famous, get tenure and maybe rich. Now that the papers are stolen, all I have is a good
story.
Fran and others cast doubt on the authenticity of these papers – that bogus handwriting expert
among them. These are genuine, and I could prove it if I could get them back. If anybody makes
money off this Johnson County War controversy, it ought to be me.
Fran is still fuming over my article about rodeo cowboys at the 1900 Frontier Days smoking their
hemp ropes. I wrote it as an April Fool’s joke and put a copy in the office mailboxes. Fran was the
only one who didn’t realize it wasn’t legit. Talk about fireworks! I must admit, it was well done. I
mixed in just enough truth to make it sound totally plausible.
Frankly, I don’t view Fran as a competitor or professional threat. We have very different beliefs
about how history should be researched and shared, and, okay, I guess we were rivals. But I
completely deny I was motivated only by a desire to take Fran down or to steal his/her TA, or to
turn the faculty against him/her, or whatever else he/she claims. Fran wasn’t that important to me.
My focus was on the great story I had to tell and how best to announce it. The eyes of the world
were going to be on me. I wanted to get the kind of publicity that would be on the cable news
programs. Oddly enough, Fran’s assault was just the thing I needed. I didn’t bother to cook up evil
plans to ruin Fran. I did work with Nic/Nick Ray as a faculty advisor in determining the importance
of Barber’s papers and how they would change our lives.
I would call Nic/Nick the perfect graduate student. I am aware of Fran’s accusations against him/
her, but I completely believe they were cooked up by Fran.
Back to May of last year. Professor Warren knew Ray had shared some research with me that could
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mess up his/her big book plans. He/she was so desperate to keep the information I discovered
under wraps that he/she resorted to stealing it and attacking me in the process. But I’m getting
ahead of myself.
I have these monthly faculty gatherings at my house on Friday nights called “scrabble and tea.”
Actually, I offer all kinds of beverages, and the strong stuff seems to be the most popular. We toast
a historical event, tell stories and enjoy each other’s company. On May 8, 2015, there was Fran,
moping around with a glass of wine. I guess we teased Fran a bit about the scowl on his/her face
and kept asking about when this big glossy book about the good Senator Warren was coming out.
These gatherings usually go from 6 p.m. to 10 p.m. Maybe we were a little rough, and Fran left in
tears at about 8 p.m.
You want to know about that Saturday night in my office? Well, a severe blow to the head often
interferes with memory retrieval, and the doctors aren’t surprised that I only remember bits and
pieces. I know I was working in my office. It was dark outside and somewhat late—probably
just before 9 p.m. I remember I was waiting for HBO’s “The Game of Thrones” to begin. I can’t
remember precisely what I was working on, but it was probably documentation regarding the
Barber papers. Paulie, my Afridan Grey parrot, seemed agitated. I vaguely recall the sound of
smashing glass, but it’s hazy… No, I didn’t actually see the intruder’s face, but we all know who it
was, don’t we? No, I don’t know how it was that I was hit on the back of the head… Yes, it would
have been reasonable for me to have turned around when I heard the window smash behind me…
I suppose I must have struggled with him/her. I can’t imagine how Paulie got out of his cage… I’m
sorry I can’t be more help to you – so much of that night is simply lost to me. The officer said that I
was babbling incoherently the first time he/she came to speak with me in the hospital room. I don’t
remember that at all, but I’m sure it’s normal for conversation to be scrambled and meaningless
immediately after a blow to the head, don’t you agree? Can’t put a lot of stock in anything said
when delirious…
The only things that appeared to be missing from the house were the Barber papers. I typically
keep them in a safe on campus but had brought them home because I needed to follow up on a few
things. I have no idea how Fran could have known that they were at my home office; perhaps I’d
mentioned it at the party. The other valuables in the office went untouched. I have some valuable
early Native American tools and beadwork. They would have fit in a small bag and are priceless.
Why would any thief leave them?
Clearly the assailant wanted only one thing—the Barber papers. As far as I know, Fran has never
been into my home office, so I can’t imagine how s/he knew exactly where to look. I suppose s/he
could have wandered in there during one of my open houses, but the last one was so long before
the scrabble and tea party…
I’m shocked, frankly, at this reckless, violent behavior from Fran. I knew he/she was defensive and
angry, and I know we weren’t on the best of terms, but it never occurred to me that I was in any
danger. I guess I should have suspected something. Fran had asked to borrow my originals to have
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State of Wyoming vs. Frances(is) Warren
them analyzed, but I’d refused for fear s/he would lose or damage them. I gave him/her copies, but
he/she wasn’t satisfied. I’d made some minor changes in the copies to throw his/her “expert” off the
scent a bit. It turns out that Fran was using a colleague of ours in the department for the analysis—
Professor Roberts, best known for his historical research conducted through a Ouija Board, tea
leaves and a crystal ball. I was walking down our hallway at WSU one afternoon about a week or so
before I was attacked and I overheard Roberts shouting on the phone. He yelled, “Professor Warren,
you should get him if it’s the last thing you do.” No, I guess I don’t know for sure they were talking
about me, but I assumed as much. I’d heard rumors that Fran had a violent temper. I’ve witnessed
other outbursts from him/her, so maybe I should have been more on guard.
Did you read that letter he/she wrote to me? Boy, he/she could go off. I must say, it was a hoot
to watch him/her get all riled up like that. Once in a while I’d do it on purpose, when I needed to
lighten my day a little. It’s so easy – Fran takes offense at any comment that isn’t 100% red, white,
and blue and wrapped in the flag. So I’d take a few jabs when s/he stopped by my office (trying to
sneak a peek at what I was working on, I’m sure). Get him/her all blustery and practically in tears
over my lack of respect for the past. Me and Paulie both enjoyed it. I taught Paulie to announce,
“It’s Warren Peace!” whenever he saw Fran coming down the hallway. I teased Fran that way.
Maybe I went too far at that last party, the night before s/he attacked me. It probably contributed
to Fran’s breakdown. I was teasing that Fran had no friends, couldn’t find anyone to co-author
anything and slept with a Francis E. Warren doll. I don’t know what got into me that night, but Fran
didn’t take it well. The other faculty members got a kick out of it, though! Fran called me some
name from ancient Rome and stomped out. (No one got the reference.) Sad. Nothing got physical
between us Fran just stomped out.
About the accusation that the Barber papers are forged: I wouldn’t know even know how to start. I
suppose one could find something on the Internet on the subject, but how do you Google “forge a
long lost historic journal entry and letter that will turn the world on its ear”? I’m supposed to type
that in and hit search? Of course I maintain my own site on the Web, but I’ve never had the need
to visit anyone else’s. Nic/Nick Ray has a key to both my home office and school office incase
I’m running late and s/he needs to get opened up for office hours. I’ve never seen her/him at my
computer and I’ve asked her/him not to use it—I’m very private about things like that—but I
suppose who could have used it when I wasn’t around? Is that important?
Fran takes him/herself so seriously and is so protective of the revered Francis E. Warren. Worry
that my work was going to overshadow his/her silly book -- I suppose it was just too much to bear.
He/she snapped, and I almost died as a result of it. Now, I have been more than patient with Fran
for many years, dealing with the paranoia and jealousy in the academic world. But this kind of
behavior, this kind of violence, I will not tolerate it.
Dated: June 9, 2015
Asa Mercer
Signed,
Mercer 4
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State of Wyoming vs. Frances(is) Warren
Det. Red Angus - Affidavit - Prosecution
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My name is Lieutenant Red Angus and am 45 years old. I am a detective with the Carter City
Police Department. I have read everyone’s witness statements in preparation for trial today.
I have been in law enforcement for over 20 years now. I spent four years as a beat officer in
Medicine Bow. My wife/husband was not happy, felt it was too dangerous there and I have to
admit there were times when I was scared outta my wits – sometimes to the point of not knowing
what I was doing. Violent crimes make me nervous like that. Moreover, the city had this ridiculous
rule that you had to live in the city to be on the force. I guess I made my feelings on that matter
plenty clear during those four years because I was passed up for promotion three times. The bosses
claimed it was for performance evaluations of “sloppy” police work, or for the one time I became
overly aggressive with a suspect during an interrogation, but I know it was because I was so vocal
about the stupid residency requirement. I eventually took a job with Carter City, where I rode
patrol cars for about three years, then as a deputy investigating officer for six years and finally as a
full detective for about the last seven years.
In 1990 I attended the Wyoming Peace Officers Training Academy in Douglas. I admit I’m no
scholar, and I freeze on tests. So I graduated 67th out of a class of 70, but I was as good as anyone
else. Since coming to Carter City I have had over 300 hours of additional training in forensics in
the evening programs at Wyoming State University. My main emphasis since joining the force
here has been in crime scene investigation and I have had extensive training in securing and
investigating a crime scene, collecting and securing evidence, as well as DNA, footprint and
fingerprint collection and analysis. I have investigated more than 120 cases, six of which were
burglaries. We don’t get many burglaries in Carter City. I have testified in court as a police crime
scene investigator seven times. For the last two years I have been a presenter on crime scene
investigation at the annual Wyoming Investigators Association Conference in Cheyenne.
On Saturday, May 9, 2015, at approximately 9:55 p.m., I received a call from the dispatcher about
a possible burglary at the campus home of a professor on the Wyoming State University campus.
A student had called 911 to say he/she had arrived at professor’s home and, after having tried the
doorbell several times, went around the back of the building to see if a light was on in the study.
According to the dispatcher, when the student got to the back of the building he/she noticed
broken glass on the ground and it appeared in the dim moonlight that the window to the office had
been smashed. The student got concerned and called the police.
Upon arrival on campus at the home of what I later discovered to be Professor Asa Mercer, I
was met by Mercer’s teaching assistant, Nic/Nick Ray. He/she seemed really upset; I remember
thinking at the time, too upset. He/she was visibly shaken and kept moving back and forth, often
just muttering and rambling about stuff. The only thing I remember him/her specifically saying at
that point, not to me but to himself/herself, was “Why did he/she ask me to do it? I had to do it…”
I remember at the time I thought he/she meant ‘he/she had to call the police’ and so I tried to calm
him/her down by saying. “Yes, certainly, calling the police was the right thing. You did have to do
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State of Wyoming vs. Frances(is) Warren
it.” His/her response was a little odd because he/she looked up as though he/she had forgotten I was
even there and said, “Calling the police? Oh yeah, that’s it.”
I asked him/her to show me where the window in question was and he/she took me around to the
back of the house. The window was just far enough out of reach that one would need at least a
stepladder to enter it. The window was directly above a brick patio, a place where I subsequently
learned Professor Mercer held weekly “scrabble and tea” sessions for other faculty members and
their assistants. There was just enough light coming from the office window to see that the window
had been totally shattered. Anyways, the two of us walked back and forth across that patio looking
for what might have been used to shatter that window or any other possible evidence. This Nic/
Nick Ray seemed like a great kid and was very helpful. S/he gave me a button s/he said s/he found
on the ground near the window. No, I didn’t see her/him pick it up. I didn’t see him/her bend down
and pick up anything until much later. Turns out the button was from a sweater that belonged to
Professor Warren. I found it in his/her closet while searching for evidence later, and the button and
thread were a clear match. Must have snagged it on the ladder as s/he came down from the window.
Next we went to the front door of the house where I rang the bell then pounded on the door several
times but there was no answer. Concerned that we might have an injured victim or worse inside I
decided it was time to announce and break down the door. But just as I prepared to do that, Nic/
Nick said, “Wait, I just remembered I have a key. You see I am Dr. Mercer’s teaching assistant and I
often have to come here to work on projects when he/she is off teaching.” That took me by surprise,
so I asked why he hadn’t used the key earlier. He/she said, “I guess I was so worried about Asa that
I forgot I even had it.”
We entered the house and Ray immediately led me up a small flight of stairs to the office, saying,
“S/he’s up here.” When we entered the office there didn’t seem to be any signs of a break-in, much
less a struggle. From the doorway you could see the broken window in the back.
There was a bird cage open on the professor’s desk and then I notice a number of papers scattered
all over the desk and an open file drawer behind the desk next to a double-wide white book case.
That’s when Ray grabbed my arm and said “Omigod! Dr. Mercer.” There on the floor next to the
desk was the body of Dr. Mercer. S/he had a pretty good size bump on the head. I rushed over and
felt for a pulse – he/she clearly had one but his breathing was shallow. I told Ray to call 911 for an
ambulance and then directed him/her to wait outside for the ambulance to arrive. Ray used his/her
own cell phone to place the call right there, but instead of going right outside, the student went to
the file cabinet and started looking through the files in kind of a frantic manner. Then s/he yelled
out, “Oh, (expletive) the Barber papers are missing!”
I then put on some latex gloves to begin to collect evidence. I remember asking out loud; to no one
in particular, “What happened here?” To which there was the response, “It was War and Peace! It
was War and Peace!” I turned and noticed an African Grey Parrot perched on another bookcase in
the corner of the room. He was clearly in an excited state and just kept repeating, “It was War and
Peace! It was War and Peace!” It didn’t make sense, yelling out the name of an old Russian novel.
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State of Wyoming vs. Frances(is) Warren
(I started reading that book once in school but couldn’t get past all those five-syllable names.) I
then heard rustling around in the bushes below the office window. Thinking the perp may still be
around I rushed to window only to find Nic/Nick Ray rummaging around in the bushes beneath the
window. It seemed as though s/he was lifting something out of the bushes but it was too dark to
know for sure. I asked what s/he was doing and s/he said, “I just wanted to let you know the EMTs
are here.” Right then, the EMTs entered the room. They stabilized
Dr. Mercer and took him/her to Carter County Memorial Hospital. I told them to notify police
when s/he was stable enough to interview.
I then went back to the window to ask the student to help me corral the parrot, which I
subsequently learned was called “Paulie.” But when I got there Ray was nowhere to be found. I
figured s/he was so freaked out that s/he had gone home or perhaps got into the ambulance with
Professor Mercer. Eventually I got Paulie back in his cage.
I went out to my unit and got my forensics kit. I set up crime scene tape around the patio outside
and across the door to the office and then proceeded to dust everywhere for fingerprints. My lab
was subsequently able to identify several good prints I took off the phone and the file cabinet. A
number of them matched Professor Mercer, of course, but two of them from the cabinet matched
Ray and one set from the cabinet, a partial print set, may or may not have belonged to a Professor
Warren. No, I’m not entirely certain what part of the cabinet the prints came from. Maybe from
the side or from the handle. The fact remains, though, prints that resembled Professor Warren’s
prints were found. By then my forensics team had arrived. I filled them in on what I knew and
I instructed them to search the patio area for evidence. They were able to come up with four
fairly fresh footprints on the patio area under the window, but were unable to find any ladder or
stepladder in or around the patio or the garage in back.
The footprints were obtained by a technique called “latent footprint” analysis. It’s been around
for several years, and law enforcement agencies rely on it for scientifically valid evidence. Latent
shoe prints exist in almost every crime scenes with a hard floor surface but are often ignored by
investigators or destroyed by initial responders before the prints can be processed. Latent shoe
prints are the dust impressions of shoe treads left by an individual on a surface. While these prints
cannot be seen by the naked eye, they can be revealed using electrostatic dust lifters or gel lifters.
The lifters are sent to the police lab to turn the dust patterns into visible shoe patterns. Dust images
on the gel and electrostatic sheets are easily damaged, so our job is to store them carefully and
transport them to the lab. Just like fingerprints, latent shoe prints can be used to place a suspect at a
crime scene. Though each shoe manufacturer produces hundreds of various styles of footwear with
the same tread design, these identical prints quickly become unique through the owner’s use. Wear
will vary depending on individual walking styles and contact with different surfaces. Any scratch,
nick or cut resultsin points of comparison, making the shoe one of a kind.
I know someone is going to question my means of transporting the footprints to the lab. Yes, I use
a shoebox. I have found it preserved the print information just fine..
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State of Wyoming vs. Frances(is) Warren
While not conclusive, it seemed to me as though the window had clearly been broken from the
outside, since most of the glass was on the inside of the room. I was concerned that all the glass
seemed to be piled only around the sill and not much in the room, which is very unusual. I was
unable to locate anything that could have been the weapon used to knock out Professor Mercer. No,
I really didn’t have a special expert come in and measure the amount of glass inside and outside
the window. It would just take too much time. And I don’t subscribe to that fracture angle analysis
nonsense anyway. Besides such a study is very expensive. It was late and I still needed to do a
lot of other things and needed to get home and get some sleep. I was running on empty. Besides,
I know enough about crime scenes to know a simple breaking and entering when I see it—and I
already had a good suspect. There is such a thing as overkill, you know.
I instructed my forensics team to canvas the neighborhood and look for witnesses, a weapon and/
or the missing ladder. They returned in an hour with no witness names but had a small homemade
ladder and a piece of wood made out of the same wood as the ladder with hair fibers on it that
matched Professor Mercer’s hair. Both items had been found in a Dumpster in the alley behind a
student apartment complex on 18th Street about three blocks away. I took photos of the office and
patio area as well as of the ladder and suspected weapon. I instructed one of our patrolmen to stay
at the scene and make sure it was secured from any intruders. I tagged both of the ladder and the
piece of lumber and sent them to our lab at the station.
I instructed the lab to not release any information about the ladder and lumber to anyone but me.
It is common in an investigation to withhold some information from the public so you can see if
suspects know things they aren’t supposed to know, or to catch the fakes and flakes who like to
confess to things they didn’t do. I kept discovery of the ladder and lumber to myself. Ultimately, I
took photos of the crime scene both that evening and the following day. I then proceeded to Carter
County Memorial Hospital to interview Professor Mercer. The physician in charge indicated the
professor was “in no condition to be interviewed.” He claimed that although Mercer had regained
consciousness and his/her injuries were far from life-threatening, s/he had suffered a serious
concussion as a result of a blow to the upper right area of the back of the skull. The doctor indicated
he had given Mercer a sedative and I should come back tomorrow after s/he was rested.
I have worked with these doctors before and they all have this “God” complex they always think
they know best. But my experience as an investigator has proven that the longer you wait to get
information the greater the chance of losing out on valuable evidence. So, when the doctor turned
the corner to go down the hall I slipped into Mercer’s hospital room. When I got up to the side
of the bed he/she looked up at me and said, “Nicky, is that you? Did it work? What about CNN?
Are we on the right track now?” I told him/her that he/she was talking to an investigator, I had
discovered him/her after the burglary and his/her injury and just wanted to ask a few questions.
Mercer seemed much more alert by this point. Then s/he asked, “How is Paulie? Was anything
stolen?” I said the bird was fine and it appeared the only thing missing was some sort of “barber
papers.” S/he said, “But yes, of course.” Then s/he started slurring words and seemed to be having a
hard time keeping his/her eyes open so I let him/her go to sleep and moved on with the investigation.
Angus 4
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State of Wyoming vs. Frances(is) Warren
I called the WSU president, apologized for waking him and explained what had happened. I
mentioned that we had successfully obtained some fingerprints and footprints at the scene of the
crime. He mentioned that all faculty members and students were fingerprinted for security and
safety reasons. I asked him to send copies of all those fingerprints to my office. I also mentioned
that I had three footprints from the patio near the office window. He said the “tea patio?” I said
what do you mean the tea patio? And he informed me that one Friday a month, the members of
the History Department, along with their current teaching assistants, met on Mercer’s patio for
“scrabble and tea” (beer and wine). The next morning at the station the lab techs confirmed that
after comparison with WSU records, several of the fingerprints taken clearly matched those of the
victim, Professor Mercer. Two from the filing cabinet matched those of the student assistant. A
third set from the cabinet, although only a partial set, may be that of Professor Warren.
I have had many hours of training in fingerprint analysis and had to agree with my techs that we
could not be 100% certain on the Warren prints.
Meanwhile, I got a list of the names of all the faculty members and teaching assistants who were
at Mercer’s house at the party and got a warrant to search the shoes of everyone on the list. I
had the latent shoe prints, so it was a matter of matching them to the shoes. My team was able to
determine that all of the footprints were less than 48 hours old, and one of the footprints belonged
to Professor Warren, one to Nicole/Nicholas Ray, and one to the Dean of the History Department.
The fourth one was an identical match to the shoes I wear on duty. I was a little embarrassed
that in my haste to solve the crime I may have compromised the scene with my own footprints.
After careful analysis no usable prints were recoverable from either the ladder or alleged weapon.
That is not surprising as it is often difficult to lift prints off of absorbent surfaces like paper and
unfinished worn wood.
Next, I went to the home of Nicole/Nicholas Ray to get some additional information. I figured
since s/he was the first on the scene s/he could give me some more insight into possible leads for
suspects. Yeah, these kinds of interviews are part of the regular course of investigation in a crime
and something upon which a good detective will always rely to establish a strong case. Ray told
me s/he was currently working as a graduate teaching assistant (“TA”) for Professor Mercer. S/he
had previously worked for another professor in the History Department, a Professor Fran Warren,
the defendant in this case. Apparently they had some kind of falling out and, midway through his/
her graduate thesis on the Johnson County War, Ray had switched mentors and was now working
with Professor Mercer. No, I didn’t pursue any details regarding the alleged “falling out” between
Warren and Ray. I didn’t see it as relevant. How could a personal issue have anything to do with
this burglary, after all?
Apparently Nicole/Nicholas Ray and Professor Mercer were working together to verify the
authenticity of some papers from former Wyoming Governor Barber. Ray kept repeating that “the
content of those papers would be very damaging to Professor Warren.” Apparently, Warren was
just about to publish a book about her relative Sen. Francis E. Warren with a special chapter to
exonerate him for any involvement in the Johnson County War. Ray got agitated and snorted a
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State of Wyoming vs. Frances(is) Warren
laugh that seemed very angry. S/he said: “Our papers were going to knock that blowhard Warren off
his/her high horse and put him/her in the peanut gallery where he/she belongs. He/She is the one you
have to nail, there is no doubt in my mind he/she stole those papers and did a number on Professor
Mercer.” I asked him/her how he/she could be so sure and he/she said, “He/she had the motive (the
damaging nature of the Barber papers) and the means.” I asked what he/she meant by that, you know,
the means and all, and Ray said “well the ladder of course.” He/She then went on to explain that the
ladder that had been found belonged to Warren. When I asked how he/she knew that, he/she said
“because I helped him/her build it when I was his/her TA.” Apparently, while working as a TA for
Warren, Ray was “coerced” (his/her words) into building a ladder out of the left over lumber from
a recent addition to Warren’s house. “That (expletive deleted) made me use the ladder to pull down
some dead tree branches. It was humiliating..”
I asked Ray how s/he came to discover the break-in. He/She said he/she had been studying in his/her
dorm room and needed some help from Mercer. I asked him/her with whom he/she was studying and
he/she said, “One of my roommates I guess.” He/She was unable to provide me with a specific name.
He/She walked a couple of blocks to Mercer’s house. After knocking on the door for a while, Ray got
worried, noticed the broken window and called 911. No, I didn’t bother to check Ray’s story. He/She
didn’t need an alibi; he/she was certainly not a suspect; he/she is the one who discovered the break-in.
At this point I was already leaning toward this Professor Warren character as our primary suspect.
I then when back to the hospital to speak with Professor Mercer. S/he seemed much more coherent at
that point. I asked him/her if he/she knew of anyone who would have wished him/her harm. He/She
said, “Only one person, Professor Warren!” S/he said they had been rivals in the History Department
for some time. Apparently they held opposing theories on the involvement of officials in the attacks
on settlers in this Johnson County thing. Mercer said s/he had received a letter from Warren about
the Barber papers and, and in it Warren had made some vague threats if s/he published those papers
as the real thing. He/She gave me a copy of the letter from his/her files and Warren’s reply. I asked
Mercer why the letter from Warren had no signature. Mercer said, “That’s not unusual for Warren. S/
he is the classic absent-minded professor. S/he never remembers to sign anything.” After reading the
letter from Warren and talking to Mercer and Ray, I figured I now had the culprit, so I walked across
campus and placed Warren under arrest for Assault and Burglary.
Yes, I know Jo/Joe Elliott. I was in the POT Academy with him/her. I watched him/her in the
academy, as a follow officer in Medicine Bow and then as a private investigator. Roberts was known
for cutting corners and jumping to conclusions – conclusions that always agree with his/her clients.
Elliott also had a reputation for a bad temper and barging into places and taking things without a
warrant, so it messed up several prosecutions. I have very little respect for Elliott’s work, and no one
else does, to my knowledge. That’s why s/he left police work. Nobody wanted to work with him/her.
Dated: May 15, 2015
Signed: Red
Angus, Detective, Carter City PD
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State of Wyoming vs. Frances(is) Warren
Nicole/Nicholas Ray - Affidavit - Prosecution
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My name Nicole/Nicholas Ray. People call me Nic/Nick or Nicky, and I’m a graduate student
and Teaching Assistant (TA) of Wyoming history as it went from territory to statehood. I’ll
complete my Master’s degree in the fall of 2017—assuming that wind bag Fran Warren can’t
cause trouble for me from behind bars—and then begin work on my doctoral dissertation.
I want to explain the bad feelings between me and that detective Jo(e) Elliott, because I’m afraid
that is going to be a problem for me in this case. A few years ago, there was a party in town,
and Elliott was there and was photographed handcuffed to a stripper. That’s not so bad, unless
you’re trying to sell your services as a serious, respected investigator. This is back when I was
an undergrad. So some students sprayed some embarrassing graffiti about Elliott round town.
They were just having fun. No harm, no foul, right? Elliott came after me as the ring leader, but
all s/he found was some spray cans in my dorm room and couldn’t prove anything and that really
drove him/her crazy. Elliott tried to get me arrested, but the Carter City Police just laughed it off.
Elliott can’t stand me, so what is s/he doing investigating me? A huge conflict of interest, if you
ask me.
Anyway, I’ll try to remember how this whole thing about Wyoming’s sterling founding fathers
got started. After I enrolled at WSU and became a “Fighting Ferret,” I got a job as a teaching
assistant (we call it a TA) for Professor Warren. I helped with grading, writing tests, teaching
classes, and with his/her research. He/she was working on what was supposed to be the definitive
work on Francis E. Warren, including a chapter about how he was innocent of accusations he
helped plan, execute and cover up the cattlemen’s invasion of Johnson County. Well, I had heard
something different and wanted to check it out. It wasn’t a big deal to me. I expect politicians
to help out people with money and power. But Professor Warren (yes, a great, great grand-niece
of the former Senator Warren) was very proud of the book that was going to settle once and
for all the spotless legacy of Francis E. Warren. I also know that Professor Warren hoped this
publication would be the key to tenure at good old WSU.
Professor Warren didn’t like where I was poking around, digging up information about politics
in 1982 Wyoming. I made up cover stories. I think the professor guessed I was digging up
something about the Johnson County War, but I wasn’t going to share anything until I was done
with my thesis. S/he asked me to go fishing (which I love) and branding calves on his/her ranch
(which I did not love). S/he gave me tickets to concerts in Denver. S/he tried to pump me for
information about my research. She didn’t know I had contacted the Pennsylvania relatives of
Amos Barber, the man in the governor’s office during the invasion, and somebody back there
sent me some of his papers they found in the attic of the old family home. Governor Barber’s
papers gave me the proof – in writing – that Sen. Warren was deeply involved.
It was driving Professor Warren crazy that I might have information that would make her
big publication a big embarrassment. S/he promised me a year in Florence, Italy, to study
Renaissance art, if I would put aside my thesis. Finally, s/he threatened to discredit me somehow
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and kick me out of the program. Then I threatened to make a formal complaint about intimidation
to the WSU administration. Clearly s/he was desperate and he/she carried through on her threat.
He/She produced some story about items missing from an office drawer: moustache comb that
belonged to Tom Horn and a tea cup used by Esther Hobart Morris. The items did show up for
sale on some Website for history buffs, but it wasn’t me. Professor Warren said I would go before
the Honor Council, get an F, be fired as TA get kicked out of school. What choice did I have? I
filed the Barber papers away and told him/her I was starting a new thesis.
To be clear: I didn’t take anything. Yes, my official record says I was involved in a theft.
What, you’ve never done something because it was the expedient thing to do? You have to be
pragmatic. I did what I did so I could survive. I took a plea agreement with the Dean of Students
and became a TA for Professor Asa Mercer. Despite the blemish on my record, I couldn’t be
happier about the switch to Mercer. Right from the beginning Mercer showed more interest in
my work than Warren ever did. Mercer took me in when no one else was going to give me a fair
shake. I’ll always remember that. I’d do anything for him/her. We saw eye-to-eye on the need to
publish new material that made history come alive for those outside the Ivory Tower or academia.
Maybe I am a little bitter.
So back in May of 2015 – it was the Friday after graduation, so the 8th -- Professor Mercer had
all the department members and their TA’s over to the house for scrabble and tea. It’s a tradition,
you see. At these parties we always toast a historical event. I remember this one in particular,
because we toasted the first Wyoming state court jury that included both men and women. It
was 1950. Nice for the Equality State to catch up to the other states. The jury had six men and
six women, and they convicted a Sweetwater County coal miner of second-degree murder. The
defense attorney, Walter Muir Sr., was pretty upset about losing, blaming “those damn women”
on the jury.
Everything went swimmingly—lots of laughter about the jury, lots of poking fun at Professor
Warren and lots of drinking. A real party for the ages. So everything was great and then Warren
left in a huff. Who knows what it was about this time. No, there was no physical altercation. A
bunch of historians get into fisticuffs? Could you imagine? No, s/he just disappeared. I overheard
Professor Mahoney say he’d heard Warren say something about “getting even with us all” but I
could be taking that completely out of context.
The next day, Saturday, I was studying in my room with my roommate—I forget which one—and
I needed some help clarifying my thoughts on an important part of my thesis, which I resumed
working on after joining Mercer. I telephoned over to Mercer’s house but got no answer. Must
have been around 9 p.m. or so, already dark. You could get the cell phone records, I guess.
But just because Mercer doesn’t answer the phone doesn’t mean he’s/she not home; sometimes
he/she just doesn’t answer. So I drove over to Mercer’s place and knocked on the door. There
was no answer, so I knocked some more. I was beginning to get worried. I walked around back
and was thinking I’d have to break a window to get inside and check on him/her—s/he’s not in
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the best of health, you see. I know it is strange that it never occurred to me to use my key and
go in the front door. I guess the “absent-minded-professor” thing kicks in at an early age. So
I went around back and underneath the window to the home office I saw some broken glass. I
immediately called 911 and waited for the police. A detective arrived. It was Red Angus. The
two of us spent a few minutes, searching around the patio for evidence of something. I thought it
was kind of cool that I was being allowed to help in the investigation. I felt like a real historian
searching for clues to something that had happened in the past. I found a button on the ground
wedged between a couple bricks and gave it to Detective Angus. Yes, I used my bare hands to
pick it up. I don’t typically carry latex gloves with me when I go out. The button was not too
far from the window and still had some thread attached—like it had been pulled off, not come
loose on its own. I gave the button to Angus. So we were walking around all over the place and
eventually I remember I have a key and we decide to go in and see if the professor is okay.
I rushed upstairs and my worst fears were true. Professor Mercer was on the floor unconscious.
Angus checked for a pulse and told me he was alive, but barely. The room was a mess. I ran over
to the filing cabinet and looked for the Barber papers in the file they’re always kept in. They were
gone! I knew right away who was responsible. I went outside to look around for more evidence.
I was walking around in the bushes under the window searching for clues when Angus called out
to me from above. I told him I’d heard the sirens of the ambulance and that medical help would
be there soon. I don’t know why s/he says s/he saw me carrying something. I cannot imagine
what s/he’d be talking about. As if I’d be doing yard work or something. Mercer never had me do
anything menial like that, not like the time Warren had made me pull down some dead tree limbs.
Later on the next day Angus came by to ask me some questions. He asked me why I was so sure
that Warren had done it. It was obvious, in my opinion. First, the only things missing were the
Barber papers. Second, Warren was the only one with a motive for stealing them. And finally
Warren owned the ladder that was used to get into the window. What do you want, I thought, a
confession?
Dated: June 9, 2015
Signed: Nicole/Nicholas
Ray
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State of Wyoming vs. Frances(is) Warren
Frances(is) Warren - Affidavit - Defense
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My name is Frances(is) B. Warren. My friends call me “Fran.” I have been an associate
professor of history at Wyoming State University for seven years and am honored to hold the
Bruce Johnson Chair of Distinguished Teaching.
I am the great-great-grandnephew (niece) of the famous founding father of Wyoming Francis E.
Warren. He was a U.S. Senator from Wyoming, and the federal government saw fit to honor him
by naming the military base at Cheyenne Warren Air Force Base. He is beloved by every school
child in Wyoming, and I am proud to be named after him. I find it very insulting and irritating
when people at WSU think I take it too seriously and call me “Warren Peace” – you know, like
that heavy Russian novel by Leo Tolstoy. That’s what passes for humor among some of my
colleagues who fail to appreciate Senator Warren. And these criminal charges – the humiliation!
There’s not a word of truth in it.
Sure, if someone actually broke into Asa’s office and bopped him/her on the head, then I would
feel for him/her. We’ve never been close, and, granted, there were times when faculty members
(myself included) wanted to slap that silly grin off Asa face, but I surely wouldn’t wish assault
on anyone, much less carry it out. To set this up and then try to blame it all on me is just
manipulative and vindictive and such a waste of time. Do you realize the publication of my book
had to be postponed because of this? I would be lying if I said that interference with the book
deal hasn’t hurt me.
I’ll admit, I was rather peeved at Asa for the fraud he/she was attempting to perpetrate on
the people of Wyoming. Finding “smoking gun” papers from the ancestral home of a former
Wyoming governor? Right! That is just about the most ridiculous thing I have ever heard, even
coming from that crackpot Mercer and his/her henchman Nicky Ray. Mercer was trying to ruin
my chance for academic honors and money – while s/he grabbed headlines for him/herself. S/he
knew how hard and long I’d been working on my book. S/he knew what it meant to me and how
I believed in it with all my heart. S/he knew the anguish and struggles I’ve endured bringing this
dream to fruition. My book is everything to me. I hope it can be published soon. These claims
by Mercer could put an end to everything I’ve worked for over the past several years, including
finally silencing those scandalous rumors about Francis E. Warren. But, no matter what happens,
I will not let anyone or anything damage my reputation and my family’s reputation or prevent
the publishing of my book. I will silence the critics of me and my family. I can sign a copy of it
for you when it comes out – would you like that?
Asa suspects that this book will reveal that I am the premiere expert on Wyoming history
and leaders around the time of statehood and on the Johnson County War, also known as the
“cattlemen’s invasion.” He/she just can’t stand the thought we may be considered academic
equals. Asa has always been jealous of me, my dedication and the unwavering respect I receive
in the Wyoming historical community. It would be just like him/her to try to sabotage me with
phony documents and give that publicity hound a bunch of well-paid speaking engagements.
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And ruin any chance I had to earn praise, stature in academic circles, tenure here at WSU and
financial security for myself on the lecture circuit. It’s obscene. Ridiculous. I can hardly say the
words. It makes me angrier than I have ever been. Mercer and Ray are fools.
Francis E. Warren was Wyoming’s first governor in 1890, and then he took one of Wyoming’s
seats in the U.S. Senate at the end of that same year. The secretary of state, Amos Barber, moved
up and was governor until 1893. So Barber was governor during the invasion of Johnson County.
The history is well-known, and many accounts have been written. It’s universally acknowledged
that Senator. Warren was a strong friend of the cattlemen who invaded Johnson County and
that he worked with famed Wyoming jurist Willis Van Devanter to keep the cattlemen from
being prosecuted for their killings in the spring of 1892. But he had nothing to do with the
planning of the invasion, and he only reluctantly asked U.S. President Harrison for martial law
in Johnson County. Senator Warren genuinely thought it was required to avoid insurrection and
massive bloodshed. Nothing has been proven to the contrary, and statements that Francis Warren
was anything but upstanding and interested only in law and order are based on mean-spirited
speculation and politics and jealousy and nothing else.
And what does Asa claim to have -- the so-called significant new evidence to soil my greatgreat-grand-uncle’s name?” A page from Governor Barber’s journal and a hand-written note
supposedly written by Barber and sent to a relative in Pennsylvania in the month before he
died in 1915. Really? No one can explain why he would do that or if this cousin “Millie” ever
received these papers. And there are several questions about authentication. The handwriting
in the supposed note is clearly from a right-handed person, feeble and weak, from a person
of inferior character. Barber was left-handed, and his handwriting showed a very strong and
authoritative character.
The story doesn’t make sense, even if you ignore the authentication issues. Francis E. Warren
was a man of highest character, who put the people of Wyoming first. He deserves the respect of
every Wyomingite. Asa’s actions and claims are an insult to the whole profession of historian. If
you have no respect for the truth, for accuracy, you are just a rumor-monger.
I couldn’t ignore the scurrilous lies. I asked Professor Kaycee Roberts, a colleague of mine at the
university, to do a preliminary analysis. As I suspected, Asa had concocted the whole thing! Why
would I go to all the trouble of breaking in and stealing those papers from Mercer’s office when I
knew darn well that as soon as they were examined by a reputable expert, they would be exposed
as fakes, frauds, complete fiction!?
It’s not the first time this has happened, by the way. Mercer is rather well known in the academic
community of Wyoming State University for the outrageously inappropriate topics of his
“historical” articles. He thinks they’re edgy and grab young people. They are just unprofessional
and undignified! Mercer is always looking for ways to tear down the reputation of historically
important people and calling it part of a campaign to dispel the myths of the Old West. Can you
believe Asa once drafted an article for publication in the Annals of Wyoming History that claimed
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cowboys in the early Frontier Days Rodeo used rope made of hemp and got high smoking it
during the nighttime celebrations? “Rocky Mountain High,” s/he called it. Despicable. S/he
eventually must have had a rare flash of conscience, or common sense, at the last moment, thank
God, and never did submit that garbage for publication.
Mercer claims his/her subject matter and teaching style are just unconventional, but the
scholarship is solid and the students love it. S/he just loves being a celebrity and being the
darling of the TV interview and talk show circuit. Ask anyone at WSU and they will verify this.
Mercer wants glory, applause and fame and doesn’t care if he/she comes by it honestly or not.
It’s a shame that whoever he/she hired to swing that piece of wood didn’t knock some sense into
him/her. Obviously, it was an attempt to create some inexpensive P.R. buzz to promote Mercer’s
own book.
So you see, it’s ludicrous to think I had anything to do with this at all. Of course they would
find my footprints on the patio – they’ll find any number of faculty footprints there! The crafty
fool held one of those famous “patio tea and scrabble parties” the night before orchestrating
the “break-in,” and I was present for the “tea.” I typically don’t attend such gatherings. I find it
vulgar the way Mercer holds court there, the center of attention. But s/he personally invited me to
attend this particular get-together. He/she talked about mending fences, or some such nonsense,
maybe even publicly recognizing me for the upcoming release of my book. S/he mentioned
something about wanting to explain in more detail what they discovered in the recovered Barber
pages, in hopes of garnering my support. Did they really think they could change my mind?
I don’t know how they cooked up the fingerprint nonsense – I haven’t visited Mercer’s office
in months and I would hope it has been cleaned since then—though you never know. I try to
avoid that place at all costs. And think – we’re talking about May at night in Wyoming. It was
very cold. If I had gone anywhere that night, I certainly would have worn some type of gloves.
Fingerprints, indeed! Mercer didn’t think that one through very well, did s/he?
I was there, but I didn’t stay long and I certainly didn’t enjoy myself. Mercer and that lackey Ray
were both fawning over me, taking care to gather up my beer bottles as soon as I finished with
them. Typically everyone cleans up at the end of the event, but in this case they were practically
grabbing the bottles out of my hand. Then when Asa started in again with claims that Senator
Warren tried to wriggle out of responsibility for a shameful chapter in Wyoming history, well, I’d
had enough. But s/he went on, making fun of my commitment to the good name of my family,
much to the amusement of the others. I made an ill-advised comment to Nic/Nick about the
theft incident and this led to a scuffle. Nic/Nick pulled at my sweater and a button popped off. I
looked about, but couldn’t find it, so I simply said my piece and went home. Where was I that
Saturday evening? I don’t have a clear recollection… Look, I’m a homebody, not the social type.
I suppose I spent it as I typically do – relaxing at my home with my history books. I suppose
I had a few glasses of chardonnay in front of the fire, worked on a crossword puzzle perhaps,
maybe graded some papers. Quite probably I was drafting the news release that was to appear
upon publication of my book. It was a cold night, I do remember that. The temperatures really
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dropped that weekend. I never would have ventured outside in that weather. I made some calls,
read through some Wyoming Annals articles online. I am sure the police can get access to those
records. That would prove that I was home at the time of the assault.
You want to know more about me and Nicole/Nicholas Ray? S/he was a weird one. Bit of a
hothead, too. Ray was working on a graduate thesis with me for a while. S/he had a tendency
to latch onto preposterous theories, like his new mentor, Mercer. I could not continue to be
associated with such a person nor with his/her work. Ray was going to learn nothing from me
about good scholarly research. So I sent, so I sent him/her packing. Then I discovered some
Wyoming historical artifacts missing from my office on campus. Ray seemed the logical suspect,
so I accused him/her of the theft. Nothing was proven, and the articles were never recovered. Ray
violently denied it and shortly thereafter became Mercer’s teaching assistant. Well, he/she found
the perfect mentor in Dr. Mercer – two of a kind. I was loved having Ray around my office at
first, the way s/he hung on my every word and flattered everything I did or wrote. Now I know
Ray was just sucking up for a good grade – and maybe access to my collection of artifacts.
There is one event that should be of interest to the police. Ray came to my house occasionally,
to run errands. At the time, I was doing some remodeling on my house and restoring 1900-era
trim to the exterior, to match an old photo I had of the house. In the photo was a ladder leaning
up against the front, I don’t know for what. I had quite a bit of wood left over, and we thought
it would be fun to make a ladder like the one in the photo. It was short and a little rough, and I
decided I didn’t want it. Then Nic/Nick got this notion that we had to test it out to see if it was
fully functional. S/he placed it near the side of a tree in my yard and climbed up a few steps,
bounced up and down a few times. Just as a joke, I called up, “While you’re up there, why don’t
you pull down that dead limb?” I was only kidding, but s/he immediately pulled down the limb.
Almost hit me with it. Strange person.
The ladder? I told Nic/Nick to just throw it on the woodpile next to the garage. I never thought
about it again. The back gate is unlocked and anyone could have gotten to it.
Dated: June 8, 2015
Signed:
Frances(is) Warren, PhD,
Bruce Johnson Chair of Distinguished Teaching
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State of Wyoming vs. Frances(is) Warren
Kaycee Roberts - Affidavit - Defense
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My name is Kaycee Roberts, Ph.D., and I am a tenured History Professor at Wyoming State
University in Carter City, Wyoming. I have two children, an 8-year-old year old daughter, Nellie,
and a 12-year old son, Francis. Yes, I named my son after my dear friend Professor Warren. Can
you think of a better role model?
I earned my Bachelor’s degree in History in 1990 from Denver University. Two years later, I
completed my Master’s degree in Wyoming History from Wyoming State University. I earned
my PhD from Midlands University (Texas) in 1998 and broke new ground with my dissertation,
“New Frontiers in Historical Authentication,” by combining my expertise of history, forensics,
psychology and handwriting analysis. In the six years leading up to that seminal work, I
mastered all those disciplines and have created a new area of forensic science that is invaluable
to several areas of historical research. I am very pleased to use my knowledge of Wyoming
historical events and individuals in my work.
I specialize in the handwriting analysis of prominent historical figures. I believe that an
individual’s handwriting is as unique as his/her fingerprints, DNA and retina scan, and it can
tell a lot about an individual’s character and personality. I also am very familiar with the writing
materials of that era. But I don’t spend all of my time in a classroom or grading papers, you
see. I use handwriting analysis in my field work as a forensic historian. There are times when
everyone needs a good forensic historian.
Many people believe incorrectly that forensic science always involves the study of bones, blood,
and decaying bodies. In reality, “forensic” means “pertaining to, connected with, or used in
courts of law,” and the term “forensic science” therefore refers to any scientific discipline that
is applied to a legal issue. I am most often brought into cases to authenticate the authorship of
documents and to check for their historical authenticity. Typically, the documents that I am asked
to examine are the key to some dispute. It may be a dispute over land or an estate, or it may be
a dispute like this one involving questions of authorship and authenticity. Any time someone
comes up with papers discovered years after the purported author has died, there may be a need
for my services. Ordinarily I am given the documents and asked to analyze the handwriting to
confirm or deny the claimed authorship. This includes examination of the writing, the ink and
paper. I may opine on the state of mind of the writer at the time of authorship.
I’ve been doing this for quite some time. In 2000, I was hired as a consultant by the Wyoming
Department of Archives to authenticate letters supposedly written by a U.S. Army solder at
Fort Fetterman in 1892. I concluded the letters could not be authentic. The fiber in the paper
was modern. I traced it back to a source in Ohio produced in 1998. The ink also was modern.
The writer used modern phrases, including “catch you later” and frequently interspersed his
sentences with “like,” as our modern young people do. Further, the script had characteristics of a
weak-willed writer, and this soldier was hardened by several months on the frontier. I concluded
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it was a fake.
I have broadened my study to territorial early statehood eras of several Western states and
am kept busy with that. Currently, I am working to authenticate journals kept from the siege
of the Alamo in San Antonio, Texas. It is a fascinating career, and I am exceptionally gifted.
Breakthroughs in my work have made the development of criminal personality profiling
through handwriting analysis possible for the FBI. I personally credit myself with solving a
number of cases which cannot be discussed here because of national security issues. I am sure
you understand. I have testified in court as a forensic historian and handwriting analysis expert
in at least 60 cases. While I am aware of the current national debate concerning the propriety
of historical scholars participating in the legal process as consultants, and having read both
Littlefield’s 1994 article “The Forensic Historian: Clio in Court” and Kousser’s 1984 article “Are
Expert Witnesses Just Paid Hit-Men?” I can assure you that my professional conclusions cannot
be bought. My good name is of more value to me than any paycheck. I am, after all, a wealthy
man. I have recently signed a book deal with a well-known New York publishing house to
discuss my work in the Alamo case.
I want to mention that this and all forensic work involves a certain level of confidence. You can
put 100 percent confidence in DNA analysis. On the other hand, my analysis involves a certain
amount of judgment and intuition. It’s not 100 percent, but it is enough to state with authority
that one document is authentic and another isn’t – especially when it comes from a person of my
expertise.
As for my involvement in this case, I was initially contacted by my colleague and dear friend
Frances/Francis Warren in early 2015 about doing some handwriting analysis and profiling work
on a project for his/her book. After agreeing to my usual fee for lending my expertise in verifying
the historical accuracy of a records and authenticating the authorship of primary source material,
we decided to collaborate. I am to receive 1 percent of gross sales of Professor Warren’s book in
exchange for supplying—if warranted—my “seal of approval.” This is a customary practice.
He/she sent me an email with an attached scanned file of a couple documents he/she wanted
me to analyze. While I prefer to work with original documents, sometimes all that is available
are copies. I make do with what I have. I make do with what I have. Admittedly there is less
possibility for error when working with an original, because then you can examine the physical
quality of the paper and ink, as well as the physical impression left by the pen itself. But in this
case I am confident that working with a copy had a negligible impact on my ultimate conclusions.
My work begins with research into primary documents of unquestioned authorship. In this case,
I asked a colleague of mine at the University of South Dakota—himself an expert in the Johnson
County War—if I could borrow some of Governor Barber’s papers currently on loan to his
institution for scholarly research that were penned by Barber soon after he left the governor’s
office in 1893. These papers are a quite valuable, of course, and I was fortunate to have been
able to work with them directly. I constructed the author’s profile based on these documents, in
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particular a memo he wrote after he left the governor’s office and resumed his job as secretary of
state.
As you can see in the authenticated sample, the writer maintains a vertical slant throughout the
text indicating good concentration. He is a hard worker and is responsible, striving to record
events accurately. Further, the angularity and regularity in arrangement and pressure indicate
a man of high integrity. He is purposeful and disciplined. He is loyal to his colleagues and is
devoted to the people he serves. Note the capital “Ts” and “Fs”—the long, pressured lower zone,
sometimes with full loops, sometimes blunt ended—note the way in which “y” and “g” extend
into and bluntly end in the lower zone. This writer has an authoritative yet open and collaborative
nature. Careful punctuation and precise i-dots denote an honesty, someone comfortable with his
inner nature. However, the writer is in full control of his emotions. All of this fits what is known
about Barber, a man loyal to his political allies and diligent in efforts to do what is right for the
state.
I then performed the same analysis with the sample I was given for study and compared the
personality types. I always control for outside factors, including old age and declining health,
plus being several years out of public office. A person’s mood or age cannot mask his inner being
as portrayed in his handwriting. I am confident that my analysis is never wrong. As I said, I am
extraordinarily gifted.
To begin, we know the note of introduction dated August 31, 1890, provided by my colleague
at the University of South Dakota, is a genuine document written by Amos Barber. Notice the
larger vertical distance between the lines of writing that exists in this authentic document in
comparison to the much smaller distance in the personal note Dated May 10, 1915. Writers make
line spacing a habit in all of their writing; it does not change, and it becomes a trademark like a
signature. While not conclusive evidence of a forgery, it allows me to begin to build a case. Next,
notice the different style of cross outs in the two documents. The real deal, so to speak, exhibits
cross-outs that are either horizontal or vertical, but not both at the same time. The sample given
to me for analysis shows a style of cross-out that is consistent in that it contains both vertical and
horizontal cross-outs superimpose on one another. This is really a rookie error in forgery. Finally,
notice the verticality in the upper zone of the lowercase “d” in the 1915 sample, versus the upper
zone leftward slant of the “d” in the authenticated document. My only question is how the forger
ever expected to pass this off as the “real McCoy.”
My conclusion is that the two documents were written by entirely different people at very
different times. If one is by Governor Barber – as we know it is -- then the May 10, 1915, letter
is fake. Clever, perhaps, but a fake nonetheless. Of course, without the original document, no
opinion can be stated to the point of 100 percent certainty. But I am confident to a 90 percent
level that it is fake, and that is enough by the standard in my profession.
After completing my analysis on May 1, 2015, I spoke with Professor Warren personally. It
was clear from the material content I had analyzed that he/she had a vested interested in the
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State of Wyoming vs. Frances(is) Warren
documents being declared a forgery. Had there been any truth in what was revealed in those
documents, it would have blown Fran’s thesis out of the water and jeopardized years of research.
I wanted to deliver the good news personally. Though s/he was somewhat disappointed when I
commented that the only way to be certain about the forgery would require access to the originals
to make the case iron-clad, s/he was (as I expected), thrilled to hear my conclusions. I remember
Fran’s comment that s/he would make sure I would have the chance to examine the originals “all
in good time.”
Could Fran Warren have committed this dastardly burglary? I just don’t see it. If the documents
were authentic he’d/she’d have had a motive, but since the documents were almost certainly
forgeries, there would have been no need to steal them. Why steal a fake? Fran would have had
nothing to gain and everything to lose. Besides, s/he is just not the sort of person to ever do
anything so violent. It is not in his/her nature. He/she is a gentle spirit.
Date: June 15, 2015
Signed: Kaycee
Roberts, PhD
Roberts 4
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State of Wyoming vs. Frances(is) Warren
Jo(e) Elliott - Affidavit - Defense
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My name is Jo(e) Elliott. I have worked in law enforcement for over 25 years. I attended the
Wyoming Peace Officers Training Academy in Douglas in 1990 and finished 10th in a class
of 70. Yes, Red Angus and I were in the same academy class, although I didn’t know him/her
well. S/he had a reputation for slacking off and relying on good looks to charm his/her way into
passing grades. I heard Angus barely made it out of the academy. There were rumors of cheating,
but I don’t know if there was anything to it.
After the academy I moved to Chicago where I spent four years as a beat cop, six years as a
detective and one year as a desk sergeant. As a detective I specialized in burglary and crime
scene investigation. I attended a number of post academy classes in fingerprint, footprint
and crime scene analysis that enhanced my already extensive knowledge in those areas from
academy training. During those six years I investigated over three hundred crime scenes and
testified as a crime scene investigation expert in over 180 cases. Yeah, I eventually got stuck on
the desk and demoted from detective second-grade to sergeant. My partner lost some fingerprint
evidence in a high-profile investigation against a mob kingpin. The stuff really started to come
down on the two of us. Somehow, I was the one accused of losing the evidence and, following
the unwritten “Blue Code,” I refused to “rat” on a fellow officer. My partner was new to the
force and I knew he would be fired if I told on him and thought the worst I would suffer would
be a negative write-up in my file. So I took the bullet for my partner and, as a result, my career
was essentially over. Yeah, I could have stayed on as a desk sergeant but my chances for
advancement back up to detective were virtually nil. So I opted to take an early retirement from
the force and moved back to Wyoming – to Carter City -- to open my private investigation firm,
“Not Guilty, Inc.” I guess I know where to find the weaknesses in a prosecutor’s evidence.
I now have six other detectives working for me at “Not Guilty, Inc.” As a private investigator for
the last 14 years or so I have done everything from divorce and custody surveillance to corporate
crime investigation. But, for the last 10 years or so my primary income has come from doing
investigation and analysis of police evidence for defendant lawyers in criminal cases. It is easier
work and the pay is much better. In that capacity I have testified as an expert in police procedure
in over 160 cases. I charge $200 an hour plus expenses for my work and $400 plus expenses for
my testimony. Yeah, I work solely for defendants because prosecutors have their own experts
(the police departments from their respective jurisdictions). There simply is no opportunity
to do expert work for prosecutors. My rates are commensurate with the going rate for private
investigation work in Carter City and a lot lower than lawyers and doctors charge for expert
opinions. It’s fair compensation for my very valuable and effective work. It’s a bargain if the
defendant gets off.
I was contacted in early June 2015 by Fran Warren’s attorneys. They wanted me to review and
evaluate the work done by Lt. Red Angus. They first asked me to do a preliminary investigation
to see if the police investigation had any problems in it. They gave me a $5,000 retainer and
Elliott 1
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State of Wyoming vs. Frances(is) Warren
after my initial report, which indicated several serious shortcomings on the part of the lieutenant,
agreed to hire me for a complete investigation. No I don’t think they would have hired me if
I could not find something wrong with Angus’ methods. That was easy. I have seen all of the
evidence and reports in this investigation, interviewed all of the witnesses and/or read their
witness statements. I have not been to the crime scene because by the time I was hired everything
had been cleaned up. I looked at the police photographs. I didn’t visit the scene in person, which
would have been a waste of time and time is money. I was unable to obtain permission from
the Carter City Police Department to interview Lieutenant. Angus. I did read his/her witness
statement and looked at the so-called “evidence” that Angus and his team collected.
It is my opinion that the investigation by Lt. Angus of the Carter City Police Department was
woefully lacking in a number of significant ways.
To begin with, the two letters (one dated April 15, 2015, purported to be from Asa Mercer, and
the one dated April 8, 2015, purported to be from Fran Warren) were not sufficiently investigated
by Detective Angus. The detective failed to seize and analyze Professor Warren’s computer. Had
he/she done so, he/she would have discovered the computer’s word processing program does not
have the “Bookman Oldstyle” type face used in the letter to Mercer. Moreover, the watermark
found on the letterhead claimed to be from Professor Warren is unique to the letterhead used by
Professor Mercer. Upon a careful search of Professor Warren’s office (with his/her permission) I
found no evidence that any of the stationery or letterhead in his/her recycling bin or paper storage
area contained that watermark. I reviewed extensively the copies of correspondence in his/her file
and none of those had the watermark in question, either. I have learned it’s possible the Bookman
Oldstyle typeface was installed on the Warren computer and then later deleted, without leaving a
trace, but that would have required a high level of expertise. The detective also failed to seize and
analyze Asa Mercer’s computer. There, s/he would have discovered (as I did) a Google search
and browsing of Websites on how to make forgeries of historical documents without detection. I
won’t say how I got access to Mercer’s office computer.
Secondly, Lieutenant Angus should have secured the crime scene at the moment he/she arrived,
instead of allowing himself/herself and that student Nicole/Nicholas Ray to wander around
and contaminate the fingerprint and footprint evidence. This is sloppy procedure, as is further
evidenced by the fact that although he/she found what he/she claimed to be four “fresh”
footprints at the crime scene, he/she reported only on three of those. It is obvious Angus was
embarrassed by the fact that one set of footprints actually belong to him/her. All evidence from
that scene should be disregarded ..
Lieutenant. Angus assumed the broken window at Professor Mercer’s office supposedly was
broken from the outside. But his/her investigation shows no shard analysis to determine the angle
of breakage on the edges of the individual shards of glass. Had such an analysis been done simple
physics could determine whether the pieces had broken from an inward or outward force. I asked
to inspect the glass for myself, but was told the glass is no longer available. Moreover, in his
own witness statement, Detective Angus readily admits that even though he/she was concerned
about how all the glass seemed neatly piled close to the window, he/she did not bother to have a
Elliott 2
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State of Wyoming vs. Frances(is) Warren
glass analysis done. From the pictures of the crime scene I reviewed it seemed more likely that
the glass had been broken from the inside and piled up near the windowsill. In my experience
it looks more like a fake job than a real breaking and entering. However, I did not examine the
scene, and it’s impossible to say for sure by just looking at the pictures.
As far as the fingerprint evidence discovered in Dr. Mercer’s office, Angus him/herself admits
that the set “may or may not” be a match for Fran Warren. According to the National Academy
of Forensic Experts (NAFE), of which I have been a member for 16 years now, at least four of
the five prints on anyone must be a good match before a positive ID can be made. In the case
of the partial prints alleged by Angus to be those of Warren, both the quality and number of
clear prints are insufficient to make a positive ID. Moreover a simple comparison of the prints
taken by Detective Angus to those done by the Human Relations Department of Wyoming State
University will show that they did a much better job of getting readable prints than did Angus.
The police prints were so unreadable, they ultimately used the WSU prints as the prints for
comparison. Perhaps the Carter City Police Department should farm out its fingerprinting and
other forensics work to WSU’s Human Relations Department.
If I sound bitter about the Carter City Police Department, I have good reason. They are
constantly harassing me in my efforts to do my work. Police departments in general and Carter
City’s in particular simply do not like private investigators. We get in the way and more often
than not are better educated and more accurate than your average copper. Did I mention that I am
a member of MENSA and have an IQ of over 160? Anyway, CCPD blocks me at every turn and
is one of the most uncooperative departments with whom I have to work. They even hassle me
about getting my weapon re-registered every three years. I wish there was a way to clean house
in that police department. Angus is typical. I’ve heard him/her call me an “incompetent bounty
hunter” and on another occasion referred to me as “nothing but a rent-a-cop.”
Now, let’s talk about the so-called footprint “evidence.” To begin with even though Angus’
forensics team allegedly came up with four “fresh” footprints at the crime scene, he/she mentions
only three in his/her witness statement. Why? Because the fourth set of prints turned out to be
Red’s own prints, from when s/he compromised the investigation by walking around all over
the scene before securing it. Unprofessional, to say the least. Then there is the questionable
footprint analysis method used by Angus and his/her incompetent police department. They
used something they call “latent foot printing.” The NAFE considers latent footprint analysis
questionable, because the mylar film or gel that is used to lift the dust left by a shoe is so hard
to handle without changing the image. In this case Angus carried the gel lifter around in a shoe
box! How is that of any use as evidence in a court of law? I trust the NAFE and wouldn’t
trust any techniques not authorized or supported by the NAFE. I have had this argument with
the Carter City PD before and it does not surprise me they choose to ignore the NAFE. More
importantly nothing in the research that exists on this new latent footprint technique suggests that
it is accurate enough to be able to determine that a print is less than 48 hours old. I have no idea
where the wizards at CCPD came up with that one.
Elliott 3
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State of Wyoming vs. Frances(is) Warren
But even if you do buy the latent footprint technique, what does that prove? We know that Fran
Warren was on the patio at a “tea party” the night before the alleged break-in, so it’s no surprise
if any footprints did belong to him/her. Moreover, Angus readily admits that he/she came
nowhere close to comparing his/her magical latent footprints with the soles of shoes s/he found
in the closets of all the party-goers. Finally if you look at the latent print analysis by the CCPD
you can see that, at best, the match for Warren is only 62 percent.
As for the time of the crime, I have discovered that Fran Warren was home the night of May 9,
because his/her Internet Service Provider records indicate continuous bandwidth usage all night.
Meanwhile, Nicole/Nicholas Ray claims to have made a call to Asa Mercer at about 9 p.m. that
night, but neither his/her Verizon Wireless nor AT&T records indicates such a call was ever
made. I got that evidence through a “technique” I call “pretexting,” getting access to records by
pretending I am the customer. It’s all fair, although it drives Angus crazy.
I want the jury to notice Angus’ failure to pursue Nicole/Nicholas Ray’s involvement in this
case. What was Ray doing in the bushes at the crime scene? What was s/he lifting or moving
around in there while Angus was inside? Why did Ray forget until the last moment that s/he had
a key to Professor Mercer’s office? Why did Ray rush upstairs right to the spot where Mercer
lay? Why did s/he disappear from the scene? Perhaps the answers to these are clear and nonincriminating but a crafty investigator at least pursues these questions. Angus did not. Neither did
s/he discover, as I did, that the very Dumpster behind the student complex on 18th Street, where
the alleged weapon and ladder were found, just happens to be directly behind Ray’s college
apartment.
I fully admit I knew Ray before this investigation. He was involved with spraying graffiti around
Carter City that made fun of an unfortunate incident when I handcuffed myself to a stripper. I lost
a lot of business over that one. I was not able to prove s/he was part of that gang of vandals, but
I found a bunch of spray paint in his car, and he’s just the kind of clown who would have fun by
tormenting another. And then lie about it afterward.
Dated: June 9, 2015
Signed: Jo(e)
Elliott
Elliott 4
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Exhibit 1
State of Wyoming vs. Frances(is) Warren
Original Amos Barber document on loan from the
University of South Dakota to Prof. Kaycee Roberts
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State of Wyoming vs. Frances(is) Warren
Exhibit 2
Copies of documents attributed to Amos Barber:
1915 note to Millie Barber.
1895 typewritten journal entry
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State of Wyoming vs. Frances(is) Warren
April 25, 1895
Cheyenne, Wyoming
I have completed my service as an elected official for the State of
Wyoming, and I must say I am relieved to return to my practice as a physician and surgeon here in Cheyenne. It’s a profession I dearly love, and I
can have more time for my beloved wife, Amelia.
On this occasion, I will reflect on the events that transpired in the
spring and summer of 1892 known as the Johnson County War and finally
tell what I know. I confess that, as the person wielding the power of the
governor’s office, I became part of their plot, along with some very prominent men in Wyoming at the time, to get rid of settlers who were interfering with their free use of open range.
Asa Mercer got most of the story right in his book, Banditti of the
Plains. I was just 29 years old when I became governor, in office myself as
secretary of state for just a month, so I can be excused for being flattered
and then intimidated by all those men of money and power. I truly believed
they had good cause for vigilantism against rustlers and weak law enforcement in Johnson County.
I pretended ignorance about the 44 mercenaries and ranchers who
were being outfitted for a murderous raid. Then I gave orders that the state
militias would not help the local sheriffs. Then I enlisted U.S. Sens. Warren and Carey to get President Harrison to call out the U.S. troops from
Fort McKinney to protect the state of Wyoming from domestic violence. Of
course, there was no violence except that designed by the cattlemen and
the regulators they hired from Texas, but there were some very important
men in that group, and they had to be rescued.
Next, I admit I joined Francis Warren and Joseph Carey in trying to
convince President Harrison to declare martial law, but only if I was sure
federal troops would help enforce it. I even supported Sen. Warren’s attempt to look for an excuse to bring federal troops into Johnson County to
keep the peace. Sen. Warren tried to get U.S. Marshal Joe Rankin fired for
failing to charge into Johnson County and arrest the rustlers, and when that
failed, he pretended it was all someone else’s idea.
I confess the newspapers were right to call us the “Cheyenne ring.” I
know the full story, and I want to share with you that Francis E. Warren, as
great a man as he was, never accepted responsibility for planning the whole
thing. He was one of the cattlemen, and he knew what they were cooking
up in the winter of 1892. It also pains me to confirm Mr. Mercer’s contention
that Sen. Warren continued to give President Harrison false information about
Wyoming, forming the basis of that absurd Proclamation on July 30, 1892,
that accuses Wyoming people of “unlawful obstructions and assemblages”
and orders them to go home peacefully by Aug. 3.
Someday, I will share this with the people of Wyoming, to whom I did
such a disservice. I now feel unburdened and look forward to returning to
private life and domestic bliss.
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
W
SU
Exhibit 3
Wyoming State
University
Home of the Fighting Ferrets
March 10, 2015
Nicole/Nicholas Ray
Custer Hall, Room 40
Carter City, WY 88088
Dear Mr./Ms. Ray:
This will confirm the fact that, although I do not have sufficient evidence to
pursue an Honor Council investigation, I have sufficient reason to believe
you have violated several provisions of the Wyoming State University
Council Code of Conduct.
To begin with, I have found you to be unreliable and untrustworthy while
working in my office. Further, your research always has been sloppy,
putting credence in sensational rumor instead of going to original sources
to find the facts. I cannot tolerate that in any teaching assistant of mine.
But even worse has been your pandering to my colleague and competitor,
Asa Mercer, and promoting unsubstantiated theories that directly undercut
my own scholarship.
Consequently, I have no alternative but to remove you as a teaching
fellow and give you a grade of F in my seminar on Wyoming -- Territory to
Statehood. In a perfect world I would have pursued sanctions against you
pursuant to the Honor Code, but, frankly, you are not worth the effort. I
hope you can salvage something of the rest of your academic career.
Disappointedly,
Fran Warren
Bruce Johnson Chair of Distinguished Teaching
History Department
Washout University
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
W
SU
Exhibit 4
Wyoming State
University
WSU
Home of the Fighting Ferrets
April 8, 2015
Professor Asa Mercer
#24 Campus Drive
Carter City, Wyoming 88088
Dear Professor Mercer:
It has come to my attention that you claim to be in possession of documents
that you and your TA claim to be long-lost papers of by Dr. Amos Barber,
former Wyoming governor.
You know very well that said documents are clearly suspect. In fact I
have every reason to believe that these are nothing more than fraudulent
“documents” orchestrated by you and Nicole/Nicholas Ray to somehow
undermine the pending publication of my new book on Wyoming Governor
and Senator Francis E. Warren.
Please be advised that I have been in contact with my lawyers and publisher
and intend to fight this spurious and slanderous plan of yours. Unless you
cease and desist immediately I will have no alternative but to pursue legal
action against you.
Moreover, I will do everything in my power to block your nomination for
tenure. You can also tell that sneaky little TA of yours that it will be a cold
day in hell before he gets my support on his Masters thesis.
Francis(es) Warren
Bruce Johnson Chair of Distinguished Teaching
History Department
Wyoming State University
cc: Nicole/Nicholas Ray
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
W
SU
Exhibit 5
Wyoming State
WSU
University
Home of the Fighting Ferrets
File Copy
April 15, 2015
Professor Fran Warren
124 Main Street
Carter City, WY 88088
Dear Professor Warren:
This will con irm that I am in receipt of your letter of April 8, 2016. Fran, I must say that
I am taken aback by both the tone of your letter and the extent of your hollow threats
against Mr./Ms. Ray and me.
Fran, have been colleagues for a long time and it pains me that you would take such a
hostile position against me with regard to this issue. I know that our inding could have a
serious impact on the validity of the thesis of your upcoming book and that is truly regrettable.
However, it would be against the ethics of our profession for me to cover-up or ignore
what clearly seems to be an authentic document that adds to our historical knowledge of
an important chapter in Wyoming history. I implore you to reconsider your position on
this matter. Failure to do so will only bring shame and embarrassment to both you and
our department.
Sincerely,
Asa Mercer
History Department
Wyoming State University
cc: Nicole/Nicholas Ray
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 6
Warren
Francis(es)
Francis(es) B. Warren
567 1st Ave.
Casper, WY 82601
Frank Wolcott
Wyoming State University
Wyoming State University HR Data
Applicant: Professor Warren (History Department
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 7
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
Fingerprint File Submission
Submission Date: 05/15/2015
Submitting Detective: Det. Red Angus
Name: Francis(es) Warren
Address: 124 Main Street, Carter City, WY 88008
Date of Birth: 05/31/1975
ID Number: SC-91F-05311972-RR
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 8
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
Fingerprint Analysis Report
Submission Date: 05/09/15 (by: Det. Red Angus)
Report Date: 05/010/15 (by: B. Grande, Ph.D.)
Case Number: 15-00095
Notes: Prints lifted from white filing cabinet in Professor Mercer’s home office and compared to
prints belonging to Professor Warren from Human Resources Dept. at Wyoming State University.
The file prints are in OUTSTANDING shape—textbook quality. The comparison prints are of lesser
quality, as they typically are when lifted from a crime scene. I am disappointed in the overall quality
of the impressions submitted by Det. Angus as the excessive smudging seems to
have come from a secondary source. This would only be the case if someone touched an object
after the suspect had touched it.
Conclusion: While I was unable to find any lifted sample that would match those for the suspect’s
R-M and R-L, I was able to achieve reliable comparisons for the R-T, R-I, and R-R.
Computer analysis indicates four (4) comparison nodes within R-T. While six (6) comparison
nodes are considered a perfect match, four is considered to be highly reliable. For both R-I and
R-R only three (3) comparison nodes were identified. While indicating a likelihood of a match, a
three-node match is generally not considered to be reliable on its own. A holistic approach to the
analysis—looking at the three “matches” together—allows one to conclude with a reasonable
degree of certainty that the suspect did, in fact, at some point in time, touch the cabinet.
Remarks: I renew my request to have crime scene detectives undergo a review course in
obtaining prints. It is my opinion that higher quality lifted prints will lead to a significant increase in
the department’s arrest rate.
1. R - Thumb
1. L - Thumb
2. R - Index
2. L - Index
3. R - Middle
4. R - Ring
5. R - Little
NO
NO
MATCH
MATCH
FOUND
FOUND
3. L - Middle
Analyst Signature: Tom Averell Ph.D. – Department Head
4. L - Ring
5. L - Little
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 9
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
Latent Footprint Analysis Report
Submission Date: 05/31/15 (by: Det. Chris Kraft)
Report Date: 02/06/15 (by: B. Grande, Ph.D.)
Case Number: 15-00095
Notes: All prints were lifted from the brick patio behind Professor Asa Mercer’s house under the
broken window of a home office. These latent prints were compared with plaster castes obtained by
CCPD detectives from party-goers at A. Mercer’s home.
Conclusions: Latent shoe prints are impressions of shoe treads left by an individual on a surface.
Standard fingerprint powders applied to the surface revealed prints at the scene not visible to the
naked eye. Because of its low absorbsion rate for moisture deposited from the rubberized soles of
shoes, the brick “scrabble and tea” patio outside the victim’s office window provided an ideal surface
for the recovery of latent shoe prints. Additionally, weather and temperature conditions were highly
conducive to the preservation of the latents. Unfortunately, latent shoe prints such as these are fragile
and can be damaged if further contact is made after the print is placed—such as by first responders
or curious rubber-neckers. This seems to be the case here, particularly with the print allegedly left by
F. Warren.
Analysis #1 reveals a 62% likelihood that the latent print found at the scene is a match with the
impression taken from F. Warren’s Chaco sandals. Further, time regression analysis determined that
these prints had been left on the patio less than 48 hours prior to them being lifted on the morning of
9 May 2015. More conclusive results could not be obtained because of contamination of the prints
from another source.
Analysis #2 reveals a 92% likelihood that the latent print found at the scene is a match with the
impression taken from Wyoming State University Dean Ella Watson’s Converse shoes.
Analysis #3 reveals a 96% likelihood that the latent print found at the scene is a match with the
impression taken from Nicole/Nicholas Ray’s Brooks shoes. Time regression analysis performed on
Watson’s alleged prints and Ray’s alleged prints was inconclusive.
Remarks: The analysis of latent footprints has become more established in recent years, yet there
still are doubts about its validity. For your benefit, I have attached a short column written by a wellknown professional in the field explaining the science involved. Don’t hesitate to contact me
if you have further questions.
Analyst Signature: Tom Averell Ph.D. – Department Head
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
LATENT FOOTPRINT
IMAGERY ANALYSIS #1
Comparison of latent imagery for
print on the left to photograph of
sole of suspect’s Chaco sandal
resulted in a 62% accuracy match
for suspect F. Warren.
LATENT FOOTPRINT
IMAGERY ANALYSIS #2
Comparison of latent imagery for
print on the left to photograph of
Dean Ella Watson’s Converse
sneakers resulted in a 92%
accuracy match.
LATENT FOOTPRINT
IMAGERY ANALYSIS #3
Comparison of latent imagery for
print on the left to photograph of
witness N. Ray’s Brooks shoes
resulted in a 96% accuracy match
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WHSMT 2016
State of Wyoming vs. Frances(is) Warren
FOCUS ON FORENSICS:
LATENT SHOEPRINT ANALYSIS
For decades, fingerprints have provided investigators invaluable clues to establish the dentity of criminals. Yet, another type of print impression that could be just as valuable has been widely overlooked. Latent
shoe prints exist in almost all interior crime scenes but are often ignored by investigators or destroyed by initial
responders before the prints could be processed.
Latent shoe prints are impressions of shoe treads left by an individual on a surface. While these prints
cannot be seen by the naked eye, they can be revealed using standard fingerprint powders. Although investigators routinely search for visible shoe rints on interior surfaces and shoe impressions in exterior crime scenes,
they often overlook the existence of latent shoe prints.
Like fingerprints, latent shoe prints can be used to place a suspect at a crime scene. Though each shoe
manufacturer produces hundreds of various styles of footwear with the same tread design, these identical prints
quickly become unique through the owner’s use. Wear will vary depending on individual walking styles and
contact with different surfaces. Any scratch, nick or cut will result in points of comparison,
making the shoe “one of a kind.’’
Most casual shoes have rubberized soles that, when exposed to light amounts of moisture, react in a way
similar to a finger leaving its mark on a surface. Vinyl linoleum, smooth tile, and painted floors provide the best
surfaces for recovery of latent shoe prints.
Many of the same factors that are involved in lifting fingerprints are to be considered in recovering latent shoe
prints. The surface must be smooth enough to reveal the characteristics of the soles. Temperature and weather
conditions must be conducive to preservation of the impressions. And, like fingerprints, latent shoe prints are
fragile and can be damaged if further contact is made after the print is placed. They can be easily altered or destroyed by first responders and curious bystanders; therefore, it is important to carefully secure the crime scene
if recovery of the prints is to be successful.
Latent shoe prints have not been widely used in crime scene investigations. Although recovery of the
prints depends on several unpredictable variables, they may yield valuable information and, therefore, should be
considered a viable option for investigators.
Information for this piece of evidence was provided by Dwain A. Pierce, Criminalistics Specialist,
Police Department, Knoxville, Tennessee. http://www.totse.com/en/law/justice_for_all/latshoe.html
These are not NAFE approved or endorsed.
47
WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 10
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
CASE NO. 15-00095
NOTES: PROFESSOR ASA MERCER’S BODY
48
WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 11
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
CASE NO. 15-00095
NOTES: PROFESSOR ASA MERCER’S HOME OFFICE
49
WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 12
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
CASE NO. 15-00095
NOTES: PROFESSOR ASA MERCER’S HOME OFFICE (2)
50
WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 13
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
CASE NO. 15-00095
NOTES: PROFESSOR ASA MERCER’S HOME OFFICE (3)
51
WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 14
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
CASE NO. 15-00095
NOTES: LADDER AND LUMBER
52
WHSMT 2016
State of Wyoming vs. Frances(is) Warren
Exhibit 15
Carter City
W YO I N G
M
Carter City Police Department
Law Enforcement Professionals
CASE NO. 15-00095
NOTES: A. Mercer’s African Grey Parrot
53