PUBLIC SAFETY CENTER 39 CHURCHILL ROAD (OSWEGO, NEW YORK 13126 TELEPHONE: (316) 349-3200 FAX: (915) 349-3212 Office of the District Attorney MARK M, MOODY GREGORY S. OAKES ASSISTANT FIRST ASSISTANT DISTRICT ATTORNEY / CORONER DISTT ALLO ay DISTRICT ATTORNEY JAMES M, NICHOLSON MATTHEW J. BELL KATHLEEN M. MACPHERSON ROBERT E. GENANT INVESTIGATOR August 6, 2015 ALLISON M, O'NEILL COURTNEY E. HAVILAND THOMAS W. CHRISTOPHER . CHARLES H. CIESZESK! Lisa A. Peebles, Esq. s Federal Public Defender's Office 4 Clinton Square, Third Floor Syracuse, NY 13202 Re: People v. Gary Thibodeau -- Indictment No. 94-161 Dear Lisa: We met at the Sherifi’s Office on April 7, 2015, and during that meeting, you expressed a belief that Michael Bohrer was responsible for multiple kidnappings across several states. Itold you that I would contact the Federal Bureau of Investigations (FBI) and ask for their assistance in determining whether Michael Bohrer could be linked to any offenses that are similar to Heidi Allen's kidnapping. As I told you then, if there is any chance that your client is innocent, I want to know. In the following days, members of the Sheriff's Office and I met with special agents from the FBI and asked them to examine your claim. On April 16, 2015, I advised you that the Sheriff's Office discovered that Michael Bohrer ‘was a suspect in the Beacon City assault and that he had been convicted for a second incident in Milwaukee. It's my understanding that you were unaware of both of these incidents until I informed you of the same, I promptly provided you with the reports and statements that the Sheriff's investigators had obtained from both incidents, which you subsequently used as part of a supplemental motion. On July 10, 2015, I provided you with a copy of the Violent Criminal Apprehension Program (ViCAP) report that the FBI provided to my office as a result of the request for assistance. Included within that report as Exhibit B were investigative leads for two offenses that occurred in New York State in 1993. Both offenses were included because they occurred within 200 miles of where Michael Bohrer lived at the time. On July 10, 2015, the parties and the court had a phone conference during which we discussed the two referenced offenses from the ViCAP report. One of the referenced offensesinvolved the fatal shooting of a female cashier during a strong-arm robbery of a convenience store in Charlton, NY. The court and parties agreed that the robbery was not factually similar to our case and that further investigation of that incident was not warranted. The other referenced offense involved the abduction and subsequent rape of a 23-year old female clerk from a convenience store in Queensbury, NY, on May 9, 1993. During the phone conference, everyone agreed that this incident should be investigated further, and I mentioned that the Oswego County Sheriff's Office was seeking a copy of the case file from the New York State Police, I agreed to provide you with a copy of the file upon receipt. I recently received a forwarded e-mail from Sr. Inv. John Brooks of the NYSP, who advised that the case file from the Queensbury incident was "closed and purged in 1998." He advised that all evidence relating to the case was sent for destruction at the time the case was closed. (A copy of the forwarded e-mail is attached hereto, with the relevant portion highlighted.) At this time, there is no specific evidence that links Michael Bohrer to the Queensbury incident. The offense was listed in the ViCAP report because it shared certain factual similarities to our case (ie. female clerk abducted from a convenience store) and occurred within 200 miles of where Bohrer lived. Proximity does not equal culpability, though. (If that were the case, I would note that your client also lived within 200 miles of Queensbury at the time.) Although the original case file is unavailable, based upon the case summary set forth in the ViCAP report, it appears that the Queensbury incident was carried out in a very different manner than Heidi Allen's kidnapping. Likewise, the Queensbury offense is factually distinct from the Milwaukee offenses for which Michael Bohrer was convicted Most notably, the offender in Queensbury concealed his identity by covering his head with a black shirt, and there is no evidence that Heidi's abductor hid his face. Likewise, the Queensbury offender covered the victim's head, and there is no evidence of similar conduct in our case. Additionally, according to the ViCAP report, the Queensbury assailant abandoned the victim at a remote location after assaulting her, leaving her to seek assistance. The release of that victim is dramatically different than our case since Heidi is presumed to be dead, and her remains have never been recovered. Significantly, while Bohrer lived in Oswego County in 1993, it appears that the assailant in Queensbury may not have lived in New York. As the ViCAP report states, a passing trucker noted Vermont piates on the vehicle that is believed to have been used in that incident. Given the factual differences between the Queensbury offense and our case, the ViCAP report seems to have no probative value for our case. However, I hope that the fact that we had the FBI conduct this analysis helps to convince you that we want to get to the truth in this matter. Over this past year, the DA's Office and Sheriff's Office have opened up our files to the NYS Attomey General's Office, and we have asked outside agencies like the New York State Police and the Onondaga County ME's Office to oversee or directly participate in critical portions of the investigation, We have done this in order to make sure, as best as is humanly possible, that we reach the right outcome.‘We have also opened up the investigation in order to dispel the notion that we are engaged in some sort of "cover up." We have invited the highest prosecuting authority in the state (AG's Office) to review and evaluate the case. We have asked two of the most highly regarded law enforcement agencies in the world (NYSP and FBI) to investigate critical issues. We have done all of this so that you, your client, the court, and the public could trust in the outcomes and conclusions that were reached. We invited outside, independent agencies to assist us to demonstrate that we are trying to fairly assess the case. I'm not sure what else we can do to demonstrate that the investigation is an honest and genuine search for the truth. We simply want to get it right. If there are any other issues that you want us (or another law enforcement agency) to examine, please let me know. Thank you. Veryfruly yours, A be, GREGORY §, OAKES District Attomey Ene. ce: Hon, Daniel King Oswego County Court Clerk's Office Gail Heatherly, Esq.ats ‘Oswego Courty Mall-Ifrmation VICAP Report 1993NYO007! Oakes, Gregory Information ViCAP Report 1993NY00071 Moskal, Robert Mon, Jul 27, 2016 at 9:13 AM To: Gregory Oakes Ce: Mark Moody Greg, Response fro NYSP regarding ViCAP_ 1993NY00071. Forwarded message From: John Brooks | Date: Mon, Jul 27, 2016 at 8:54 AM Subject: Re: Fwd: Information ViCAP Report 1993NY00071 To: Robert Moskal u., Per our conversation, the Wilton case was closed and purged in 1998. The evidence would have been sent for destruction at the time the case was closed. I've checked with our Central Records section and confirmed that they no longer have the case file. I've also checked the old saved cases here at SP Wilton, as well as ‘SP Queensbury, and there is no station copy of the case file left. If | can be of further assistance, please don't hesitate to call John Sr. Inv. John Brooks New York State Police Troop G - SP Wilton BCI 301 Ballard Road Gansevoort, NY 12831 | (618) 583-7010 ext. 228 | (618) 583-7009 Fax New email address: john. brooks @troopers.ny.gov >>> "Moskal, Robert” 7/21/2015 1:18 PM >>> | Senior Investigator Brooks, ‘The Oswego County District Attorney has requested | obtain a copy of the investigation file for VICAP report for incident 1993NY00071 from 05/14/1993. If you could advise on the process to obtain a copy. Thank You —— Forwarded message From: Moskal, Robert Date: Fri, Jul 10, 2015 at 11:01 AM ‘Subject: Information VICAP Report 1993NY00071 | To: john. brooks @troopers.ny.gov Co: reece. treen@troopers.ny.gov, Gregory Oakes | trpe:imai google com/malll tus 28ik= 1eatOecsa8view=pl&q=vicepSqs=trueksearchequery&neg= WectaS2e6baSSaBsiml= MecteS2abbassat oo