Free Rusty Reger

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My Pro Bono Experts Now Expose The Storey Story

 

    I thank God Almighty for having created the field of Forensic Science.  Christina quickly threw together her shooting sequence testimony.  She tweaked it at my trial.  She'd obviously not heard about forensic sciences, nor ever read "The Evidence Never Lies: The Casebook of a Modern Sherlock Holmes," by Alford Allan Lewis; Holt, Rinehart, and Winston (1984).  I was very lucky to have stumbled across a copy of this book back in 1997; it then enlightened me into this truth, learning about the man who pioneered that field- Professor Herbert Leon MacDonnell.

     Using the records and forensic evidence the prosecution and Vennum hadn't yet lost, destroyed, or withheld outright, my Pro Bono expert, Dr. Harry J. Bonnell, M.D., evaluated this evidence and issued his sworn report dated 09/29/10 (Click on File #42).  My other Pro Bono expert, Louis L. Akin, LPI, CMI, did same and issued his sworn report, dated 02/02/11 (Click on File #43).  These experts mainly placed their focus upon shots #1 and #2 (there wasn't any big dispute about shots #3 and #4). They do show how Christina contradicted her testimony in regards to shots #3 and #4.

 

 

 

Shot #1

 

     Mr. Akin swears in his report that "The first wound described in the autopsy report could not have been fired over the top of the Mustang Vehicle as described by Christina Ragland-Storey."  How can this statement be backed with forensic science?  Easy.  Dr. Krouse swore that gunshot wound #1 was 53 3/4 inches between Matt's heel to the entrance wound (minus an inch when Matt was standing upright- due to spinal "compression" Vol. 4, Page 170, Lines 11-13), which totals 52 3/4 inches in overall height.  Matt's 1991 Ford Mustang LX had a factory measured total height of just 52.1 inches  (Click on File #44).   Richard H. Ernest, a firearm expert testifying for the prosecution, swore that my 30/30 Winchester Rifle (firing 170 grain soft lead Federal Brand shot) had a muzzle velocity of 2,200 feet per second.  (Vol. 4, Page 189).  that rifle had a "Powder disposition very small at three feet, falling off to zero at 4." (Vol. 4, Page 191).  Moreover, that first bullet entry wound #1 isn't following a perfectly horizontal trajectory- it travels in low, then comes up a little.  Thus, if I stood on the drivers side door and fired over the car's roof, like Christina swore, then that roof would have had powder flash burns, bullet marks, knicks, or grazes.  Alas, on 04/05/95, recall that Det. Vennum sent Officer Boon over to inspect that Mustang before it was released back to the Storey clan.  Boon only found a spot of blood on the car's roof, on the passenger side- no powder burns, no bullet marks, knicks, or grazes were found  (Click on File #26).  Vennum didn't order any gun powder testing on the roof of that car?  (Vol. 5, Pages 251-264).  There's no further doubt that Christina dreamed up Shot #1- she lied.

 

 

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File #26
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Shot #2

 

      Dr. Bonnell swears in his expert report that "None of the bullet trajectories is consistent with Ragland-Storey's testimony that the second shot occcurred with [Matt] on his knees and [Rusty] standing over [Matt] firing downwards."  He further swore that "Scene photos indicate that [Matt] was mobile after both the first and second shots were fired, contradicting the testimony of Ragland-Storey that he fell to the ground after the first shot and was on his knees at the time of the second shot."  Mr. Akin's corroborated this finding when he swore that "According to the blood pattern evidence, [Matt] remained mobile after the first shot struck him and was probably grasping the barrel of the rifle when he was struck with the second bullet."  Once again, there's no doubt that Christina had dreamed up Shot #2- she lied.

 

 

Shots #3 and #4

 

     Dr. Marc Andrew Krouse, M.D.,  the prosecutor's expert, who performed the autopsy on Matt, swore that shots #3 and #4 could ONLY have occurred, "[while Matt was] prone on the ground,...[with] the muzzle of the weapon...about eight or ten inches off the ground and shoot[ing]...parallel to the surface." (Vol. 4, Page 176, Lines 3-5).  That's when Matt fell down on top of me- when I slid out from underneath him- shooting while sliding on the ground. (Vol. 5, Pages 366, 398-399, 402-403, and 417-418).

     But, Christina claimed to not having been around to witness those shots, because she quickly drove away after shot #2, right?  Wrong.  This was just another part of her Storey Story.  Dr. Bonnell swears that, "because Officer Boon reports he recovered blood and tissue from within the vehicle on the passenger side, and because of the path of the bullet wounds, the vehicle still had to be in its original location when the third and fourth shot (going through the head and exiting) was fired."  Mr. Akin corroborated this fact when swearing that "the fourth shot could not have been fired after Ragland-Storey drove away from the scene as described by that witness's testimony since there was blood/brain material on and inside the vehicle."  Once again, there is no doubt that Christina dreamed up shots #3 and #4- only hearing them as she drove away.  She lied.

     Then lead ADA Fred Rabalais, Jr., also added in his very own lie with regards to shots #3 and #4.  He boomed to my jury during closing arguments that when I already shot Matt in shots #1 and #2, as Matt laid dying on the road, that I then stepped back 3 or 4 feet, shooting him in the back, then walking away.  He further boomed that I stopped, turned around as an afterthought, and then shot Matt in his head.  (Vol. 6, Page 473).  That was a blatant lie (contrary to Dr. Krouse's findings) meant to do nothing more than inflame my jurors against me.  Fred wanted to win; he did not care about finding any truth. 




Caveat

 

     I emphasized I could not give a scientifically accurate accounting for my every precise move made during that shooting event.  I was fighting for my life within a five foot area (Vol. 5, Page 416), and didn't have the luxury of recording exact details- (try doing this after being involved in an automobile accident).  And, Mr. Akin did point out in his sworn report that "The second, third, and fourth/fifth wounds could not have been fired in a manner exactly consistent with Reger's testimony, but could have been fired while Storey was grasping the weapon and then down on the ground a few feet away in front of Reger which is substantially consistent with Reger's testimony."  (Click on File #43).

     And, I filed a post-conviction habeas corpus writ alleging Attorney Portnoy's ineffective assistance, to which he answered with his affidavit, dated 08/06/98 (later redacted 08/14/06) at Page 3, that, "However, Mr. Reger explained both to me and to Mr. Van Syckle at different times not only prior to but also during trial a sequence of events as to the actual shooting that would comport with the autopsy reports.  However, Applicant did not testify as to this particular sequence of events at his trial.  Mr. Reger's failure to testify as to the actual shooting sequence in accordance with his previous statements to me and Mr. Van Syckle, after we had entered a plea of not guilty, was very detrimental to his claim of self-defense."  (Click on File #33).

    Recall when I went to that 1996 trial, I was under the influence of those five high-powered medications?  (Vol. 5, Pages 320-321) (Click on File #31).  Then, Fred Rabalais thwarted my practiced reenactment prepared for my jury, which me and Portnoy were trying to perform. (Vol. 5, Page 363).  That was the reason Portnoy remembered any changes, not due to my trial testimony.

     Besides, Portnoy failed to ever converse with, nor employ any expert like Dr. Bonnell, or Mr. Akin.  They corroborate my trial testimony.  Dr. Krouse even corroborated my trial testimony in regards to shots #3 and #4.  Passerby witness, Dennis Slasser, corroborated my trial testimony- that he saw two men "standing" next to a car's passenger side, on the eastside corner of Madrid Court and Arkansas Lane.  (Vol. 4, Pages 49-50 and 52-53).  There was another 60 year old blonde-haired lady who had also heard everything- corroborating my trial testimony.  But, DWG-DPS Officer Rick Riddle #823, failed to get her name, address, or a statement from her? (Vol. 5, Pages 234 and 245-249).  Even Brittnie corroborated the majority of my trial testimony in her 04/06/95 interview with Chief Waybourn, before she switched to her Storey Story.  (Vol. 4, Pages 81-86).  My new Pro Bono experts, Dr. John Plunkett, M.D. (Click on File #49), and Dr. Matthias l. Okoye, M.D., J.D., FRCPI; have also come on board my exoneration team. They also corroborate my trial testimony given by Dr. Bonnell and Mr. Akin. (Click on File #49).

     Alas, NOTHING corroborates Christina's concocted Storey Story.  Remember:  THE EVIDENCE NEVER LIES!