INNOCENCE PROJECT University of Wisconsin Law School

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1 OWISCONSIN INNOCENCE PROJECT University of Wisconsin Law School MEMORANDUM To: Parole Commission Board From: Wisconsin Innocence Project Date: January 7, 2014 Subject: Frederick Spence DOC # , Hearing Scheduled January 14, Introduction We are writing to request that you consider Frederick Spence for release on parole. He was convicted of first-degree murder on April 29, 1982, and sentenced to life in prison. He is currently incarcerated at Stanley Correctional Institution. In investigating Frederick's case, we have come to know him well. His story is unique and his accomplishments are remarkable. This letter explains why we believe there is a strong likelihood that Frederick is innocent of the crime he is incarcerated for and has been unable to accept full responsibility for this crime. This letter also explains why we believe his request for parole should be granted based on his personal accomplishments, his lack of a prior record, and his strong ties to the community.. Frederick has demonstrated that he is an exemplary candidate for parole. His behavior throughout his incarceration has been exemplary, and he has a strong support system, as well as a solid plan to reintegrate into society. Now advanced in age, he poses no risk to the community, and looks forward to becoming a hardworking, contributing member of society. a. The Crime Overview of the Case In the early morning hours of November 22, 1982, police found the body of a black female, -sixteen-year-old Sheila Davis, just inside the doorway of a garage by the home she shared with her parents in North Milwaukee. Frederick Spence rented part of this garage from Sheila Davis' parents, and used it to store his car. Ms. Davis' boyfriend, Leroy Shanks, with whom she was expecting a baby, informed police that Ms. Davis had left his residence for her home at approximately 3:00 a.m. Ms. Davis's residence was no more than a five-minute drive away. Thus, Ms. Davis should have arrived at her home near 3:05 a.m. Milwaukee Police Department (MPD) officers were first dispatched to the crime scene at 3:12 a.m. following a citizen call reporting a possible assault in progress. The caller observed a black man and black woman struggling and yelling in an alley near the Davis' home and then saw them disappear behind a garage after the caller told them she was calling the police. Two additional witnesses corroborated the caller's account. One witness, who worked with Frederick, saw and heard the couple in the alley, saw that the male and female were black, but was unable to identify the male by voice or by appearance. Another witness heard a woman scream and call for help around 3:00 a.m. When police arrived, they noticed that the door to the garage in the Frank J. Remington Center University of Wisconsin Law School 975 Bascom Mall Madison, WI / FAX: 608/

2 alley was open and the garage light was on, but did not investigate further. The police left around 3:22 a.m. after failing to find the couple. At 6:00 a.m., police returned to the alley to search for Sheila Davis, who had not returned home after leaving her boyfriend's home three hours earlier. Upon entering the Davis' garage, police discovered Ms. Davis' body just inside the doorway. She was found lying stomach down with slight abrasions on her skin and a garment wrapped around her neck. There were pools of blood near her body. Police found Frederick Spence in the garage, asleep in his car. He had been drinking that night and explained that he would sometimes sleep in his car if he came home late, rather than wake his family, with whom he lived in a nearby home. Frederick's hands had what appeared to be blood stains on them, and blood stains were discovered on his clothing. At trial, defense counsel argued he must have tripped over the victim's body in the doorway, transferring blood onto his clothing and hands. The medical examiner concluded the victim died from ligature strangulation. According to the medical examiner, the injuries on the victim were likely not significant enough to account for the amount of blood found at the crime scene. Presumably, some or most of the blood was that of the perpetrator. Police conducted an unclothed examination of Frederick the day of the homicide and found no "scratches, wounds, gouges, or any other bodily injury which could account for the blood" found around the victim. A Milwaukee detective testified that there was no sign on Frederick's body of any type of struggle. In addition, Frederick asserted that he had been at the J & J Tavern until 3:30 a.m. that night well before the altercation took place in the alley around 3:10 a.m. His story was corroborated by a J & J Tavern employee who saw Frederick at the bar after closing time at 3:30 a.m. The employee had checked the time just before saying goodbye to Frederick. Numerous others in the bar also recalled seeing Frederick in the bar near closing time. Despite these problems, Frederick was found guilty at a jury trial and sentenced to life. b. The Wisconsin Innocence Project's Investigation Frederick Spence applied to the Wisconsin Innocence Project requesting assistance. Frederick candidly informed us that he has even tried to accept responsibility for the crime because he was found guilty by a jury of his peers, but he has been unable to accept this responsibility because he cannot remember what happened that night. Frederick has stuck to this truth throughout his incarceration despite the adverse effects that this inability to accept full responsibility has had on his parole eligibility chances. We began investigating Frederick's case with a fresh neutral eye. What we found in investigating the case gave us reason to doubt that Frederick committed the crime, and we believed that there is evidence pointing to his innocence. Particularly appealing are the numerous eyewitnesses who said that Frederick was at the bar until after 3:30 p.m., after reports of an assault occurring in the alley. It is extremely probable that the individuals struggling in the alley around 3:10 a.m. were the victim and the perpetrator. Witness testimony powerfully suggests that the perpetrator grabbed the victim while in the alley and pulled her into the garage. For instance, investigators found a path of the victim's earrings, car key, and glasses, dropped in the alley leading to the garage. Yet, the evidence that Frederick did not leave the J & J Tavern until after 3:30 a.m. means that he could not have been in the alley when the altercation took place around 3:10 a.m. More likely, the victim had already been killed when Frederick entered the garage, stumbled over her body, and went to sleep in his car.

3 Similarly, the medical examiner testified at trial that it was unlikely that the amount of blood found at the crime scene could have come solely from the victim. The victim died from strangulation and had only slight abrasions and scratches, which were insufficient to produce the amount of blood at the scene. This suggests that the perpetrator was injured in the struggle. A scalpel, with blood on the blade, was discovered near Ms. Davis' body. The use of this scalpel in an attempt to fight off the perpetrator would explain the blood found at the scene. However, when the police found Frederick, they found no scratches or marks on him to indicate that he had been involved in a struggle. Finally, Frederick had no motive to commit this murder, and the victim was not sexually assaulted. She was strangled from behind, and was fully clothed at the time, still wearing her coat. With a strong alibi, physical evidence pointing to another perpetrator, and a crime that is so out of character for a man who had no record of violence, we attempted to find answers through DNA testing. The Wisconsin Innocence Project filed a motion for DNA testing of crime scene evidence in the hope that there would be a match to the true perpetrator of the crime. On June 3, 2013, the court issued an order for DNA testing at the defendant's expense signed by Honorable Jeffrey A. Wagner. Unfortunately, much of the evidence collected in the case had been destroyed and was thus not available for testing. Among the items submitted for testing were the dress that was used to strangle the victim, a swab taken from a pool of blood at the scene, and a metal scalpel with blood on the blade, which was found near the victim's body. Bode Technology conducted testing on a swab of blood taken from one of the pools of blood on the floor near the victim, four blood stains on different areas of the dress that was used to strangle the victim, and the blade of the scalpel, which had blood on it. We decided to have these specific items tested because we believe that the victim used the scalpel found at the scene in an attempt to fight off her attacker, and that much of the blood at the scene came from the perpetrator. We hoped that testing of several areas of blood at the scene would reveal the true perpetrator. Bode also tested the sleeve of the dress that was used to strangle the victim for touch DNA. The sleeve was tested at the cuff, which was ripped, and the shoulder. The way the sleeve was found wrapped around the victim's neck suggested that the perpetrator would have been holding these two areas of the sleeve as the victim was strangled from behind, and trial testimony from the medical examiner indicated that the perpetrator would have been pulling tightly on these areas for about three minutes, presenting a good likelihood that touch DNA would be present. The DNA found at the scence could not be linked to Spence. Unfortunately, it could not be linked to another male perpetrator either. The results showed only the presence of female DNA presumably that of the victim, though we have not tested to confirm this. There was no male DNA on any of the items tested. This could be the result of a number of factors, most likely the fact that the evidence was thirty-three years old when finally tested, and was not properly preserved. For instance, when we viewed the evidence at the District Attorney's Office before it was sent for testing, we observed that the bag containing the dress used to strangle the victim had not been sealed. We were extremely disappointed that DNA testing did not yield conclusive results. Because Frederick's case is so old, other means of showing his innocence are unlikely and the inability to obtain male DNA on the tested items suggests that we will be unable to prove a claim on innocence in his case. We hope that he will be able to gain release through parole instead, as

4 we believe that parole is warranted based on his exemplary behavior and other accomplishments throughout his incarceration. Personal Accomplishments One thing above all makes Frederick Spence a strong candidate for parole: He has consistently exhibited strong character and constructive behavior. Even attempting to accept the jury's verdict of guilt for the crime, Mr. Spence's record suggests that he is not a risk to reoffend, and the thirty-two years he has served is sufficient time for punishment in light of his otherwise clean record and his exemplary behavior while in prison. He is respected and trusted by his peers as well as prison authorities. Frederick's accomplishments during his incarceration testify to the upstanding role be will play in society if he is released on parole. a. Criminal History and Disciplinary Record Before his arrest for this crime, Frederick had no criminal record, and no history of violent behavior. In the thirty-two years that he has been incarcerated, he has not been involved in a single physical altercation with anyone, staff or inmate. b. Institutional Adjustment and Program Participation While incarcerated, Mr. Spence has successfully completed more than sixty programs. Through his participation in these programs, he has taken on a leadership role, and served as a mentor to many. He has shown dedication to counseling troubled juveniles, working as a volunteer for the Young Life Project, the Project Aware Program, and the Scared Straight Program. He has been an active participant in fundraising activities, such as the AIDS Walk-A- Thon. In April 2001, he volunteered forty-one hours of time to Flood Relief Efforts in Minnesota, for which he received a Certificate of Appreciation from the Warden and the Mayor of Appleton, as well as an Award of Recognition for Distinguished Merit and Extraordinary Contribution to the Community Emergencies within West Central Minnesota. As we have gotten to know Frederick, he has expressed a sincere devotion to religious teachings. This is reflected in his charitable work and church donations, as well as the programs he has chosen to participate in throughout his incarceration, many of which have a religious orientation, such as the Spiritual Discipline Program, Foundation in Christ Series, The Spiritual Side of Man, Moral Reconation Therapy, and the Prison Fellowship Ministries Program. In addition to his contributions to others, Frederick has shown initiative in caring for his own mental health, completing the Anxiety and Depression Clinical Group, Mental Health Education Program, and Education on Depression, among others. Similarly, Frederick has successfully completed numerous programs for alcohol and drug abuse, relapse prevention, selfhelp, and anger management. He has successfully completed many other classes and programs to aid in his institutional adjustment that will also aid him in readjusting in society upon release, such as Life Coping Skills, Principles for Successful Living, Stress Management Class, Positive Life Skills Treatment Group, and Therapeutic Exercise Class. These programs gave Frederick the skills not only to maintain his exemplary record while incarcerated, but also to successfully re-enter society upon release.

5 c. Continuing Education and Work In addition to successfully completing numerous rehabilitation programs and classes, Frederick has continued his education, and maintained a work position, as a Recreation Music Worker. Frederick has a great passion for music, and has been playing the guitar for nearly fifty years. Before his incarceration, he majored in music at Los Angeles Southwest College, and worked as a guitar teacher. While incarcerated, Frederick has continued to pursue this passion, continuing his education in music, and using his musical talent in a positive way, to help other inmates. In 1990, he obtained a certificate in Music from Moraine Park Technical College. He is now working toward an Associates Degree in Music from the Jim Sutton Institute of Guitar. Frederick currently works in the Music Room, where his responsibilities include instructing other inmates in learning to play music. In addition to his work in the Music Room, Frederick tutors fellow inmates who are learning the guitar through the Jim Sutton Institute of Guitar. Through both his work in the Music Room and his tutoring of other inmates learning the guitar, he has used his passion for music not only as a positive influence on himself while in prison, but to have a positive impact on other inmates as well. d. Continuing Progress Upon Release While incarcerated, Frederick has maintained close relationships with his family, who live in California. Because of their willingness to help and support Frederick upon his release, he has an attainable plan to become a contributing member of society if granted parole. He wishes to be paroled to California to live with his mother, a retired teacher. There, he could work for his brother, who has a real estate business. He would also like to return to the music business in the future. Allowing Frederick to return to California and be with his family, will enable to provide him with encouragement and stability. Further, Frederick's family has close ties to the community, in part through their family-run businesses. Allowing Frederick to rejoin his family would would create ties to the community for Frederick as well, and facilitate his reintegration into society. In addition to the stability and support systems, Frederick has financial support available to him as well. Frederick plans to support himself by working in his brother's real estate business. If he is not permitted to return to California, his education and experience make him a strong candidate for other employment. He has a tremendous work ethic, which he has demonstrated throughout his incarceration, and he looks forward to becoming a hardworking citizen upon release. His work ethic is likely the result of his upbringing. While his family now lives comfortably, and has the means to support him as he transitions back into society, Frederick emphasizes that his family worked hard for everything they have. Conclusion On behalf of Frederick Spence, his family, and the Wisconsin Innocence Project, we wish to express our deep appreciation for this Board's willingness to hear his case. Respectfully, we urge the Board to conclude that parole is warranted based on his exemplary record alone.

6 While understanding that the Parole commission does not consider claims of innocence, in light of his contributions to the community during his incarceration, his family support, the length of time he has already served, and the fact that, apart from this crime, he has no criminal record or history of violent behavior, we believe that Frederick Spence is exactly the type of person for whom parole is appropriate. Justice would be served, and the public safety would not be jeopardized, if he is released on parole at this time. We hope the Parole Commission will choose to grant him a second chance. Respectfully submitted, WISCONSIN INNOCENCE PROJECT '-)., -... Carrie Sperling Clinical Supervising Attorney ulie Ouellette Law Student Steve Hughes Law Student