OFFICE OF THE FEDERAL PUBLIC DEFENDER

NORTHERN DISTRICT OF NEW YORK

Albany - Main Office Syracuse - Branch Office
39 NORTH PEARL ST. 4 CLINTON SQUARE
5 FLOOR
3RD
FLOOR
ALBANY, NY 12207 SYRACUSE. NY 13202
(518) 436-1850 (315) 701-0080
(518) 436-1780 FAX (315) 701-0081 FAX
Lisa Peebles, Federa] Public Defender
RESPOND TO SYRACUSE OFFICE
October 24, 2014
Hon. Daniel King
Acting Oswego County Court Judge
Oswego County Clerks Office
25 East Oneida Street
Oswego, New York 13126 lI
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RE: PEOPLE V. GARY THIBODEAU
INDICTMENT NUMBER 94-161
Dear Judge King;
Enclosed please find the Defendants Exhibit G-1 which we received on todays date. It is
a Cadaver K-9 Search report by K-9 Handler Kathryn Bamford. The search was conducted on
October 23, 2014 on Rice Road at the Cabin in which suspect James Steen admitted he took Heidi
Allens body. As you will note, the report reveals that K- 9 Hawk alerted to the presence of
human remains multiple times. A second handler, Dana Mallaber, conducted a second search
with his K-9 Libby, who also aLerted to the presence of human remains in the same area. We are
currently waiting for Mr. Mallabers report and will forward it as soon as it is received.
We believe that the fact that two separate human remains detector dogs alerted to the
presence of human remains in the exact location where Suspect Steen admitted he took Ms.
Allens body is corroborative and reliable evidence that a body was buried there at one time. The
fact that a body was not actually discovered at that location does not detract from the fact that one
was clearly there at some point in time. It is significant to note that although the prosecutor has not
provided the defense or the Court with a report, it is our understanding that the New York State
Police also conducted a Cadaver K-9 search with their dog at the same site and this dog also alerted
to the presence of human remains. See People v. Roinero, 120 A.D.3d 927,213 (4th Dept. 2014)
(an alert by a well-trained K-9 Unit provides adequate probable cause to support issuance of a
search warrant). A canine sniff alone can supply the probable cause necessary for issuing a search
warrant if the application for the warrant establishes the dogs reliability. See United States v.
Lingenfelter, 997 F.2d 632, 639 (9th Cir. 1993).
Very truly yours,
OFFICE OF THE FEDERAL PUBLIC DEFENDER
By: isa A. Peebles, Esq.
Federal Public Defender
LAP:vlb
Encs.
cc: Oswego County District Attorneys Office
Gary Thibodeau
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CADAVER 1(9 SEARCH REPORT
REPORT NUMBER: na____ DATE: 10/23/2014 TIME: 12:45 ZONE: na
INCIDENT OR CRIME: Abduction/Homicide
VICTIMS NAME: Heidi Allen ADDRESS: Rice Rd
IA)CATION: Mexico, NY PREMiSE TYPE: Debris pile of collapsed outbuilding in woods & immediate
surroundings
Area to be searched: vehicle residence building field or woods
Wind direction: Wind Speed Temperature Humidity: Mod
Weather: clear cloudy rain dark
Terrain: Field shortimed grass tall grass
X_ Woods thin thick
Marsh Water
Flat Hilly
Evidence Found:
(1) Alert Location: 18 0407574 E, 4809351 N (Datum = WGS84)
(2) 1(9 Alert Location: 18 0407570 E, 4809357 N
(3) 1(9 Indication Location: 18 0407567 E, 4809358 N
Individuals Present: Lisa Peebles, Randi Bianco, Dana Mallaber
Narrative: I was requested by Lisa Peebles to conduct a search at the above time and location with my human
remains detector dog, K9 Hawk After a brief survey of the area, I started 1(9 Hawk searching the area at 1325. A
few minutes into the search he showed an alert that he was in the odor of human remains by a change in his direction,
slowing and casting his head high and along a tree trunk He continued to search down from this location and along
the ground moving NE where he stop and pawed at a piling of soil near a large tree branch. He stopped and sniffed
intensely at the ground and then performed his trained indication that he had detected the odor of human remains
(his trained indication is a down). I noted the location and commanded him to continue to search the area. I detailed
his search among the various piles of debris. When he re-entered the flattened area below the tree noted above, he
started to dig into the soil and sniff intensely. From this alert he again moved NE and returned to the pile of soil near
the tree branch and again downed. K9 Hawk continued to search, but there were no other alerts or indications. I
completed the search at 1340. 1 noted the locations of the two alerts and one indication by UTM coordinates (see
above).
Attached is a map of the area searched with my tracks and the alerts and indication, and two photos showing the area
where the alerts and indication occurred.
1(9 Handler: ath a Bamford 1(9: Hawk
Signature:
__________________________
Date/Time Submitted: tO)2
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
*********************************************
PEOPLE OF THE STATE OF NEW YORK,
-v AFFIDAVIT OF SERVICE
GARY THIBODEAU,
Defendant.
INDICTMENT NO. 94-161
*********************************************
I hereby certify that on October 24. 2014 I served,
by
hand delivery, a copy of
Defendants Letter dated October 24, 2014 with K-9 Report and Letter dated October 23, 2014
with Affidavit to be included in Exhibit NN upon the Oswego County District Attorneys Office.
Sworn to before me this
Richard L. Haumann
24th day qf October 2014.
Notary Public
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