PAGE THREE. BIO 3 THE LETTERS
THE LETTERS
Appeals update #3 "The Letters" During the trial a series of letters sent by the defendant to the witness for the state Kim Kistler, as well as letters sent from her to him as well were entered into evidence and used in the trial. NONE of the letters were denied! IN other words the witness for the state got on the stand and admitted to writing the letters to the defendant, and the defense never offered an objection to the authenticity of the letters. There were a lot of letters that never made it into the trial. On one hand the defendant only turned in the letters that KIM KISTLER herself instructed him to turn in. (Written in the letter) Kim however turned in every letter that she thought could be twisted and used to help her. Including one letter that she only turned in HALF of it. Since the other half hurt her. But that will be discussed in detail later. First we will look at the letters that the defendant turned over to his lawyers at the request of Kistler. They were entered into evidence as "Defense Exhibits #13, #14, #15, and #16. We’ll start with the dates they were written, two of them were done on 3/4/97, one done on 3/5/97 and one on 3/23/97. #13, and #16 on the 4th, #15 on the 5th and #14 on the 23rd. The first letter to be discussed is the one marked as defense #13, it was written by Kim to Francis on 3/4/97. "Frankie, hello glad to see you decided to write me back. I just got your letters this morning. 4 pages wow you got a lot off your chest, now didn’t you. I’m really sorry to hear that your trying to forget me, I can’t do it to you, impossible. (To date the defendant has not heard a word from Ms. Kistler in several years! Not so impossible.) Baby I will never quit loving you, I hope you understand. Please don’t think I’ve lied to you all this time my feelings for you are deep and for real. I’ve never loved anyone as much as I love you Frankie. I had a lot of bad feelings towards you, I’ve written you so many cuss you out letters, but I couldn’t send them well more like wouldn’t I did not want you to hurt as bad as me. On top of all this I didn’t want you to go through more pain. I never got any letters from you except the first one, and I thought you didn’t care. Start sending all your letters to Gail or Deb to send in here. I think the DA is snatching them as they come in maybe , I don’t know. Well now you think I have OTT on my visitation list? Huh? Well I guess you are misinformed honey! That’s incorrect, he’s not! I think they are trying to piss you off like they did me! (OTT is a reference to an old boyfriend that the defendant had discovered Kim was still having an affair with even AFTER she got pregnant with his child, his name was MARK OTT, and after the defense asked the prison for a copy of Kistler’s visitors list, sure enough he was on the list and head in fact visited her, as well as was exchanging letters with her shortly after she was arrested! (So it turns out he was not "misinformed" as she suggested). They showed me supposedly part of your statement that you gave them that said you’ve been fucking Gina our whole relationship! Is it true? Or the 5 girls in new jersey they claim you fucked every day of the week, how about that one? (Gina is a girl both the defendant AND ms. Kistler were having affairs with so Ms. Kistler had firsthand knowledge of the relationship since SHE WAS IN THE SAME BED AS the two parties confirmed taking part in the relationship as well! For the record Gina took the stand in the trial and informed the jury that the relationship between here and Kim and Frank ended when she moved out of the same house as them. As for the 5 mystery girls from New Jersey? No one EVER came forward and admitted any relationship. Nor did the defendant at any time tell the police he was having affairs with any girls in New Jersey or Gina, after she moved out! (This "statement" will be discussed in the next update, but there was never one made by defendant!) Or the one were you claimed that Brianna is not your baby? ( Brianna is the child that the defendant and Ms. Kistler had together. When the defendant learned of her affairs behind his back and realized the "time frame" for her to become pregnant came real close to the time he was in jail he started to suspect that she was lying and asked for a DNA test! When he saw a photo of the girl however there was no need for one since she looks just like him. He however never withdrew his request for DNA testing for two reasons. One he wanted to be 100% sure, and two, it was a stall tactic in his civil case to try to keep his parental rights to his child. The list goes on! Lies, Lies, Lies! But you know what? I’ve finally smartened up! They are lying like crazy to me every chance they get and I am not going to be railroaded anymore, if you know what I mean. Let them go ahead and do what they feel they must, they scared me, intimidated me, and even told me everything to say at your hearing. Saying that they’d give me a deal, hanging the kids over my head like a piece of meat and its bullshit! Just wait till the trial, they got one hell of a shocker coming from me in store. Don’t tell anyone or you’ll ruin the surprise! I really cant wait to see their fucked up faces when they think their "prize" witness lets it all rock their fucked up world. Have faith in me baby, im not gonna let us burn for something we didn’t do. You know how it feels being we’re in the same boat, having life and death thrown in your face, believe me they used the scare tactic of the death penalty on me too! Why do you think I’ve done what I did? Our baby and my kids need to too much for me to die on them! So now im telling the truth! Im going to spill the beans on how I lied in my statement and at the preliminary. They re not using me as a puppet anymore....." LET YOUR LAWYER KNOW THAT THEY FUCKED ME UP SO BAD WITH THEIR THREATS AND INTIMIDATION THAT THEY EVEN TOLD ME TO SAY THAT THEY DID NOT TELL ME WHAT TO SAY AT THE PRELIMINARY............. ".... Tuesday the 25th of February, before your hearing they had me at the DA’s office all day long going over what they wanted me to say, and in the middle of it they set it up to have the kids come in and visit with me for 1 hour. When the kids left Brandon, ( her son) walked out first, he hugged and kissed me told me that he loved me and said he had to go now because he did not want me to see him cry. As he turned to leave he turned around once more and tears of pain were streaming down his cheeks. Then Brittany did not want to leave me. ( her daughter) she stood there and held onto me like she did not want to let go. I just looked at my sister and said please help her. Karen said lets go brit and she slid away and held onto my sisters’ legs and hid her face. Karen had to pick her up and carry her out. As she left, she said mommy I will never stop loving you, and cried her little eyes out. Brianna was just so adorable I did not want to let her go. ( The baby her and defendant had ). Frankie do you understand how that crushed me? (Interesting side note, Karen the for mentioned sister? Once the trial was over, she would then deny Kim and defendant ALL and any access to their baby! The lawyers for the defendant had to threaten her with court in order for her to bring the baby in the one and only time she ever did to see the defendant, thru a piece of glass! Since the defendndant was no help to the police, he did not get the "favors" of a contact visit that Kimberly had gotten. Karen would eventually sue the defendant and Kim in court for custody of their baby. Kim would give up that fight (and the defendant with no lawyer in his corner, would lose his rights to be his childs parent). "Once they were done, the da just played on my emotions, I was hurting so bad they took the opportunity to fuck me up again by saying, "do you ever want to see your children again?" It totally killed me. They went on to say that id probably get all the charges dropped if I testify for them and say everything they want me to."...."im sorry for letting them brainwash me and scaring me into telling a lie, "..." I started telling them back in November when they first questioned me that I was at home with you until you left for Jersey, then went to bed and woke up when you called, and they stopped me right there and hounded me for 20 hours Frankie. They had me all messed up and before I knew it they were asking me all these questions and I just started agreeing with them after they said so many things about you to make me so angry, hurt confused and scared. "... " they are the most untrusting back stabbing bastards to roam the earth. "....." they told me to give them everything you send me and I am not suppose to write you, and I am supposed to think about what you took away from me, my kids. You did not take them away from me, they did, fuck them." ... ( you will notice that this version of the letters will have some "edits" in them from time to time."..." this is for two reasons, one is the phot copy that the defendant has is not always completely clear, it usually fades at the edges of the paper, and two is some of the content of the letters is sexually explicit and graphic, and has no real bearing on the message that he is trying to convey. However keep in mind the entire original copies of them are in the record, part of the public file and can be obtained if ANYONE wants to challenge what is being said in this site, they can get the copies themselves and see that nothing harmful to the defendant is being left out. The next letter used was defense #16, and was written on the same date as the previous letter."...as you know my sister Karen who has brianna is suing us for custody, betraying, back stabbing bitch! We had it set that she would just gonna have guardianship until I get sentenced to go to Muncy then we were gonna do Partial custody for the time being. Well she turned around all pulled this on me and said she was not bringing her in for visitation either!..."..."my nerves are shot and I cant eat and I cant sleep and im smoking like a chimney. My lawyer quit on me im trying to get Pyfer and Reese but cant afford them. (They would be appointed by the court anyway!) "...your not gonna die baby, I wont let you. I love you too much.....""I’ve done wrong but it’s not too late.".."..im like a totally different person and jail has taught me a lot so far! Can’t trust anyone! Fuck with People or get fucked with, plain and simple."" ....don’t forget they are trying to kill me too". The next letter is marked defense #15 and was written on 3/5/97. " i was shackled to the bed as I gave birth to our baby. Do you know how hard it was to give birth? Very fucking difficult and with guards in the room with me were no help. It really hurt me bad that you couldn’t be there with me to help me and to hold me I cried a lot because the pain was so intense"...."I don’t know if it was because I was having the baby or because the thing I wanted to share with you, I couldn’t" "I’ve really burned myself with the DA. So I’ll probably get life." "...do you realize the Das whole defense against you is me and my big mouth? They need me so bad to give you life or death."The last letter is dated 2/23/97 and is marked defense exhibit #14. "I’ve become a total basket case, so now they put me on anti-depressants and they are kicking my ass." "..I had to fight with myself, wondering why you would cheat, lie, and break my heart like they said. I’ve heard from them so many mean things about you and so many lies they had me believing them for a while but after I sat here and thought about things a lot of what they said didn’t make any sense and I told myself to follow my heart instead guess where it lead me? Right back to you. I personally think they are all compulsive liars. No doubt about it." "Just Sunday I heard some pretty bad news for me, they are now seeking the death penalty for me also. (A fact that she, the DA and the cops would deny at trial, yet in the post conviction interview she would confess was real!) " first they were gonna do a deal, but now I see their true colors. I do not like what I see. Understand?"....."I cant believe you fell for that visitation list one! Pretty bad! I thought you were the smart one between the two of us! (She was once again lying about the ex boyfriend mark Ott.) "They told me for the longest time, even my lawyer, that you were blaming me and that you only want to cover your own ass that you don’t really love me and that you never have! Oh please do you really think I would set You up like this? I have absolutely nothing to lose anymore. They want my head served on a silver platter just like yours.". Now the thing is that might be more disturbing here is the jury heard these letters in their entirety. They obviously gave them no credit, and why? A look at the trial transcripts will reveal just how much the state is allowed to get away with. They walked Kim Kistler thru the letters line by line, and the statements that were harmful to the defendant she admitted they were the truth, and anything that helped him she said was a lie! It went something like, " oh that was true.. Oh but that was not.. That was.....that was not........ECT, etc. " the thing that was even more shocking was that when it came time for the state to prosecute Ms. Kistler, they used some of those very same statements against her by using letters she wrote to the sister that they with held from the defense, to prove that she was lying! To the very same things they offered as TRUTH in the defendants trial! They will be showed in a comparison of letters in the next paragraph. The one other thing is that the newspaper reporters that were in the courtroom when these letters were read, NEVER REPORTED A SINGLE WORD OF THE LETTERS IN THE PRESS! The reason is simple, if you live in an area and part of you job is to get the information from the cops in that area about things to report, you need to be on the good terms with them! If not you will always be the last one to find shit out! How long do you think you will be employed if you are not friendly with the locals??? Also one more thing to discuss before we move on to the testimony that Kim gave at the trial with respect to the letters she wrote. In the transcripts vol #15 page 2937, the jury is told that these letters she wrote was during a short time where she was confused and did not know what she was doing. That was how they explained why she wrote them. They said the time period was only a few days, a week at the most! Yet those letters were dated over a three week period of time! Also they left that they also had the letters in their possession at that time that they hid from the defense, from Kim that backed up a few of the claims she and they were denying in the trial of the defendant! They had the balls to use those letters in the trial against Kim Kistler. The other part of their explanation to the jury on why they should ignore what Kim said in those letters? "She was trying to help him get out of jail by writing them"! That by itself is the most ridiculous thing you could imagine. So let me get this straight, a woman who had nothing to do with this, who is innocent and was used as an unwitting pawn, suddenly decides to do the right thing to do is to take all the blame off Harris and risk taking the fall herself????? That is utterly insane! But the jury BELIEVED IT!!! ask yourself this, if she was really trying to help him, why just call the police and tell them she did it? That was the quickest way to fix things? Or does it make more sense that Kim had an attack of conscience here! She felt bad about helping the state murder her childs father and for just a brief moment felt actual guilt!. That is what spurred the letters! Now she never put herself in harms way you will notice, but she did attempt to be honest about how they got her to say what she said! Now we move on to the trial testimony offered by Kim. On page 2959 on the transcripts the letters that she wrote first come up. Q; let me stop, who’s ott? A; OTT my ex boyfriend. Q; well according to the visitation list that I saw he was in to see you a number of time, is that correct? A; no. he WAS IN ONCE! (Remember her telling the defendant that it was a lie "they" were teeing him to turn against her? ). The record shows one visit on 1/31/96. The defendant has several letters that Kim wrote to Mr. Ott as well that he turned over to police. To say they are "friendly" is being nice. Shortly after that question there was this exchange, Q; it does not say that. A; well......Q; read what it does. A; I’d really rather not. Q; did you write the letter? A; Yes. Q; please read what it says,. A; Can I spell it ? At this point the DA complains to the judge and The judge rules in his favor Here is the reason for all this. In her letters she was EXTREMELY vulgar in her language. Problem is she is trying to present herself as a sweet innocent young woman who was duped into doing this. These things she wrote in the letter will not look like the image she is trying to portray, it does not go well with the performance she is giving, it would shock and offend the jury to actually hear these things come out the mouth of this innocent little girl! So her lawyer must have instructed her to refuse to read any kind of curse word! Now granted the jury is going to read the letters but the impact of hearing the words come from her mouth on the stand would have shattered the role she was playing. None the less the judge let her avoid saying them anyway! Q: the sentence that I’m---- quote, they showed me supposedly parts of your statement that you gave them that said you had sex with Gina our whole relationship, is it true. Question mark. My question is, who does the pronoun "they" refer to? A; referring to the DA’s office. Q; so you are saying here that somebody in the DA’s office showed you a part of Mr. Harris’s statement that he gave to them that said he had been having sex with Gina your whole relationship? A; they never showed me anything that said that. Q; they never did? A; No. They ...they said...they didn’t even come out and say that he definitely was. But it was tossed up in the air. Now the detective that actually told her that was Det. Brennemen, and it was told to her while she was being interviewed as a way of getting her to talk. Now if you were to look at the transcripts from Kim kilters trial you will see how it was "tossed up in the air" as she so casually put it. Pg. 219, By Det. Brennemen., A; I came in and introduced Myself to Ms. Kistler. And I said to her, I said Kim, im here because the investigators in this case, we feel that you have a right to know what kind of man your associated with her, meaning Mr. Harris. I first....I then advised ms. Kistler that during this investigation, we found out that frank was...Mr. Harris was quite the ladies’ man and he had been having sex with numerous other women. I also told her that myself and again Det. Ator, interviewed frank earlier in the day and it appeared that frank was proud of the fact that he had all these other women. I then advised ms. Kistler of a girl named Regina who was a sister of a girl named Chrissy. And Regina would have been a girl that Ms. Kistler and Frank had lived with a short time in Gap. Q; are you talking about Gina Ewing: A; yes. I then told Ms. Kistler that Frank advised myself and Ator that he was having sex with Regina during the entire time they had been staying with Chrissy in the trailer in ..I believe it was gap. Q; they meaning Kim and Frank were staying with Chrissy? A; Yes. (Now to clear up some things, one I already explained that Kim, Frank and Gina were involved in a three way relationship for awhile when they all lived in the same bedroom in Stevens, PA. No one ever denied that! Gina herself testified under oath that once she moved out the relationship ended! A fact the defendant has ALWAYS asserted! Also frank and Kim NEVER lived in a trailer with Chrissy. And ask yourself this, if the cops are questioning him about his whereabouts during a murder, what the hell would he be talking about his sex life for??? and most of all would he tell the cops he was cheating on his girlfriend knowing they also want to talk to her? It defies all sense! ) He goes on... A; I think I advised Kim about a girl named Mary Kay who was a customer at the pipeline bar where frank worked. I advised her that frank...we found out frank was having sex with her. I also advised her of two other girls that frequented the Pipeline bar, Tina and Luann, and told her that these two girls were also having sex with frank. I then told Kim that we spoke to a good friend of frank’s, Mr. Harris, that told us of numerous women that he was having sex with who lived in new jersey. (Once again things must be explained. The girl "Mary Kay" is named Sherry henry, she actually testified in the trial! All she ever said was they had a relationship in The past..she never said she was still involved with the defendant, and as for the past relationship? Kim was the girl frank left sherry for! She knew all about sherry, the one thing the cops never knew was frank NEVER lied to his girlfriends about who he was with or when. In fact this was a problem with a lot of them cause if they ever asked him about other girls, he was always honest with them! KIM knew of every single woman he was with ! They also went on to name " Tina" and "luann" off the bat the defendant has no clue who this "Tina" is. She never shows up in ANY police report, discovery, or in trial! As for Luann, once again Kim knows her, and knows of the relationship between her and Harris IN THE PAST! In fact before Kim and Harris moved from Stevens and started a life with just them being with each other, luann had long ago moved to florida! If Mr. Harris was still having sex with her he would have to have an awful long penis to reach all the way to down to florida! And as far as the "jersey girls" once again NO ONE shows up in ANY police report, discovery or trial to say any of that was true. In short they used names Kim would know, and some she would not, to give her the impression that there was something going on! They had the ability to PROVE it any time they wanted to since the called two of the women to testify, but after they questioned Gina and she did not say what they wanted her to, they made sure they would not ask sherry henry the same thing. And since luann was in florida there was no reason to call her. The mystery women "Tina" was never called, nor was any of the " jersey girls", although they did subpoena a girl from his past named Darlene Castner, but after they interviewed her she would never see the inside of a courtroom!) He goes on ...A; when I entered the room I saw no signs of her being agitated, upset at all. As I was going through these names and giving her this information, I could see tears starting to well up in her eyes. Her nose started to run. She had access to tissues that were on the table and she grabbed some tissues. She started wiping her eyes. Her eyes then eventually started tearing. They got red. She started wiping her nose. She just continued to progressively get a little more emotional. (She was pregnant at this time!) Now if you go to the trial transcripts pg. 2968 you will see the first time Kim recants the events in her letter. A; No. This is all ..... this is all the story that I was making up to give him a way out. That’s what this is, THIS WHOLE LETTER! Q; continue on. A; (reading) and in the middle of all that, they set it up for me to have the kids come in and visit with me for one hour. When the .. Q; was that true? A; Yes that parts true. ( like defendant said earlier, what she needs to be true for HER is true what she needs to be a lie for to use against HARRIS is suddenly a lie.) She then goes on to read the description of how they were brought in and they cried and it upset her so much she could not read it so the attorney finished it. Q; I’ll read it. Correct me if I’m wrong if this is too difficult. (Reading) and slid away and held my sisters’s legs and hid her face. Karen picked her up and carried her out and she lifted her hand and said mommy I’ll never stop loving you and cried her little eyes out period. Is that correct? A; Yes. Then in the very next line she snaps bach with a lie. A; ( reading ) do you understand how that just crushed me? Broke my heart all over again. Then when they were gone, the DA just played on my emotions. Q; is that sentence true? A; No they stressed to me how important it is to tel the truth. That’s what they told me . (what they could not tell you to tell the truth without using your children as an emotional crowbar?) And then in the next line, A; (reading) I was hurting so bad. They took the opportunity to mess me all up again by saying, do you ever want to see those faces again? Q; Did they tell you that? A; Yeah, that part is true. Then further on down the line, Q; Now let stop you there. The bad things they were saying about Frank... A; Um-hum Q; Related to his supposed other girlfriends? A; that was some of it. Q; Okay. And you were...did you feel jealous when they were telling you this? A; No...I was hurt. Q; You felt hurt and upset? A; Yeah. Q; And betrayed? A; (no verbal response) Q; Correct? A; Yeah. Then further down, A; Basically, I was ready...like I told Mr. Steadman when he QUESTIONED ME ABOUT IT! With these letters I was ready, giving Frankie a way out of this. And I was.....I felt since I told them the truth, that I already convicted myself, basically. So I wanted somebody to be out there with our baby. ( this is the part where she decides that she will "help" Harris! If she told the "truth" like she said it was then the only person guilty of the murder was Harris, so why would she think she convicted herself?? They have been talking about giving her a deal and her lawyer has been telling her he will "walk her out of the courtroom" . A fact the DA could not wait to use against her in her own appeals! (see her P.C.R.A. transcripts No. 50 of 1997) Q; (by DA) did you believe she had a good chance at avoiding a conviction for third degree murder? A; (by Kims attorney) Well, I discussed with her at length the various theories of the commonwealths case, the conspiracy, possible accomplice liability, etc, etcetera. I indicated how that would play and how it could be argued both way, and I suggested to her that she certainly ..if she was believed, that she may not be found guilty of third degree murder or conspiracy to commit third degree murder. I indicated that to her, yes I did. Further down the line, Q; Did you tell her, and again, this is repeatedly a quote "I’ll walk you out of that courtroom" or words to that effect? A; No. Q; You don’t think you said that? A; No sir. Q; did you urge ms. Kistler to accept the offer from the commonwealth? A; I did not urge her to accept it, I did not urge her to reject it. I indicated to her what the offer was. I indicated to her what I thought could happen at trial and I left it up to her. I don’t typically urge clients to accept or reject pleas unless, in my opinion there is no possibility of a verdict which I deem to be satisfactory. And let me say, not to interrupt you, but let me say, ms. Kistler made it very clear to me on a number of occasions that she was not inclined to enter a guilty plea to anything where she was admitting to any type of a murder, even a conspiracy to commit murder, even third degree murder. And out of Kims own mouth Q; ( from the DA) Did he give you odds? A; (by Kistler) Well, to break it down into odds, I mean he really thought that I would be leaving the courtroom within that day. That was one of the things he said. In the discovery for the Defendant there is a handwritten note that was listed as "additional" discovery items. And in that note the DA states that the deal for Kim was no more than a third degree prosecution, and REESE MADE THAT DECISION ON HIS OWN, KIM WAS NOT INFORMED OF IT!!!! (Defendant is working to have all documents included on this site for anyone to reference them but it will take time as there are close to 10,000 pages of it.) Now we have up until now only discussed the letters from Kim to the defendant in here. We will now turn to the letters from the defendant to Kim. These were entered into evidence by the state and were listed as Commonwealth #99.#28,#29,#100,#101,#102, and #103. These can be put into two categories real simple, #28 and #29 and #99 were written BEFORE Kim wrote the letter confessing to frank that she lied and was framing him, and #100, #101, #102 and #103 were written AFTER frank received the confession letter from kistler. They are of two simple tones, the ones before Kims confession are hurt, sad, and asking why did you do this to me? They express anger and pain. The ones after are forgiving and hopeful. IN NO LETTER AT ANY TIME DOES THE DEFENDANT EVER SAY HE IS GUILTY OF MURDER, or murdered anyone, or planned to murder anyone, or anything close to this. There are some examples, #99 "Kim, what happened please tell me this is a big misunderstanding, what in gods name did they say to you to scare you So bad to make you say those things? #28, "I wish I could turn off my emotions, I would love to be able to lash out at you in anger and say I hate you. But the truth is I’ve never loved anyone in my whole miserable life like the way I do you". "not one of my so called friends came here. Every Saturday I would get up at 11:30 and wait for a visit until 12 noon, to see if anyone came. Well I don’t get up anymore. And I don’t care." ""I told myself that all you needed was someone to love you, unconditionally, to prove to you that you were not a worthless alcoholic whore like everyone said. That you were better than that. Me and my stupid ego again. I thought my love for you would be enough, but it never was." " I’ve given no statements , and I plan not to , nor do I pan to take the stand. They might have told you different." #29, "the one line in the whole letter that made me write you b ack is ( and I quote it word for word)... "why is he blaming everything on me?" I cant believe they told you that, and even more you believe it???" "Even after you lied, cheated, deceived me, and basically fucked me over more times than I care to remember, I proved myself to you, by standing by you, for better or for worse. I saw more worse with you than anyone else. But I never budged a fucking inch. I stood my ground and stayed true to my love for you. I have nothing to prove to the likes of someone like you, I’ve done my time with you and even now im still doing it! Don’t worry all your secrets will be safe with me. I thinking the only thing worse then believing in you all this time would be if I stooped down to your level and started talking, Id rather die than to know I was just like you!"( this would be the first time the defendant would ‘slip ‘ and show that he was taking the fall for kistler). Then #100, after Kim confesses, " I committed myself to you, body, soul, heart, everything. To have you testify against me it crushed me Kim" " you said you burnt yourself with the DA and your probably going to get life. Your not. Don’t think that. If your really going to do this (referring to the plan She told him about to recant her statement in her letter to him). If its going to be us together fighting, believe me there is no way in hell you are going to get life. Its me they want and me they are going to get! ( once again letting her know he is planning to take the fall for her). Then #101, "I’ve never ever felt like giving "myself" to someone the way I do when I am with you, its like all I want to do is please you, and whatever you tell me to do, I really want to do it, NO MATTER WHAT IT IS. I find myself wanting it for you . I’ve never felt that way with anyone." Then to the most interesting letter of all, #102. What is most interesting about this letter is it is a 8 page letter (front and back of pages) and 4 of them are MISSING! "Baby part of breaking you down is shit like this, (referring to the fact that they had her on drugs in jail). If you starve, stay doped up, let yourself dwell on this the whole time, you’ll be so, so, so easy to manipulate during the trial. " (how right the defendant turned out to be!) The reason the rest of the letter was missing, the defendant made it clear to Kim that he was going to take the blame for her, and get her free! This is something the Lawyers did not want the jury to hear. Then finally, #103, " first, right now, there are three options on how to handle this for you. We have not received discovery yet. So this can change drastically especially if we get our way with suppressions. 1) Obviously, you can finish what you started, continue to be a witness for the state and testify against me at trial. The results obviously for me, death, for you if your lawyer is any good you might be able to get the DA to let you go." (Here the defendant is telling her okay if you want to recant your statement and fight, I get it BUT you should understand this is an option you can consider, telling her to go ahead and sacrifice him to save herself! HE IS ACTUALLY GIVING HER PERMISSION TO DO SO!!!! He would then go and lay out other ways to trap the DA in his own pool of lies,. To expose he state for trying to set him up. The DA would read these statements to the jury claiming they are a confession, ignoring the fact that the very first option he laid out for her involved HIM DYING!) Now before we move onto the letters that the DA withheld from the defense and then used in kilters trial against her there is one more place to look. The trial of kistler and comments made by the DA. The reason I say that is because if you are paying attention to the content of the letters written by Kim, and the way she talked when she was on the stand you would think they were two completely different people. and I am not alone in that opinion, see the closing argument made by the DA, in Kims trial. Pg. 420, (by DA) " During her two and an hours days worth of testimony, I submit she looks as good as she ever will. This is one side of Kimberly Kistler. She wants you to take this side at face value. This side and this side along." ..." you read their correspondence. I mean this person that testified at trial and the person that comes out in the correspondence are one and the same person. But by looking at her, its hard to reconcile them."..." I think his words were trying to get out of her situation. How desperate was she? At what length would she go to hold onto him?" " .. Her testimony oat trial, as it relates to her culpability, does not agree with any of the other evidence in this case. Doesn’t even agree with her earlier statements.!" " Your honor I would suggest that a reasonable interpretation of this is, she hasn’t heard from frank all day. There are three people who know what happened there that night. One of them is dead. She is trying to find him. SHE IS AFRAID OF TALKING. That’s precisely what’s happening here." Now the letters that the commonwealth hid from the defendant and used against Kim in her trial are entered into evidence and labeled "K.K.#2, #3, #4, and #5. "These are the ones that have the most important information. They were all written to Kims sister, Kathy Gehr. Kim at this point knows well enough to tell her sister to destroy the letters that she sent to her since she does not want the DA to get a hold of them. Her sister turned them into the police anyway. The DA was smart enough to know to keep these letters away from the defense. They were never turned over. They never mentioned a word of them in the trial of the defendant. But when it came time to try Kim , they used these letters to the fullest extent. In "K.K. #2" Kim wrote the following,..". This is the man I knew and loved, he never laid a hand on me, (referring to the abusive boyfriends of the past) he treated me with kindness and respect. Anything I needed or wanted he gave without hesitation, and I mean ANYTHING! He sacrificed his own comfort to be with me when he got out of jail in July, he slept in his car at night and by day he was out looking for a job so he could get us a place to live". She also goes on to say..."(they told me), but now he’s trying to blame all this on me! (Referring to the murder) They would say none of these things in the trial of the defendant. Imagine that, portraying him as a "self sacrificing" type of person. The only man that never abused her. Telling the jury that Kim was told Harris was blaming HER for the murder! What would that have done for Kistler’ credibility? Apparently this was not lost on the DA since he kept it all from the defense. One of the most disturbing details, Kim describes the murder! If you read her testimony she was never anywhere close enough to Martin to see what he was wearing OR never anywhere to see the crime! But in her letters she describes the "slitting of his throat" and the " light blue shirt" he had on. How is this possible? She never testified to anything that would have given her access to that kind of information! It was not lost on the DA. They hid it from the defense AND listen to what they said about it in her trial. On page 104 of her transcripts, Det Savage says, "initially I thought it was a blue and white pinstripe shirt:"(he is describing how it looked that night, at the crime scene, in the dark, the same way the killer would have seen it) ... Q; Dark blue or light blue? A; "it would have been a medium blue pinstripe with a white shirt." Q; And what color did the shirt appear to be when it was put under the florescent lighting?" A; It was grey". So even the police that arrived at the crime scene said, in the lighting that night, it looked blue! On page 460 of her trial transcripts the DA agrees with me, "your honor how did she know? This letter was written...and we only got it. This letter was written before she ever delivered that baby. Before she was ever arraigned. Before there was any discovery. Before there was testimony from Dr. Ross about how slow this injury was. Det. Savage told you that in the dark, the shirt looked blue. How did she know?" the answer is simple. Only the killer would know this information. In "K.K. #5" She says.... "I don’t care anymore if frank lives or dies" this is not the impression she gave the jury in the defendants trial. She told them it was a very hard thing for her to do because she loved him! She also tells her sister she has a "great deal of contact with the DA’s office". In "K. K. #4" This one the date is readable on 3/19/97 she is telling her sister that her lawyer quit. She also tells her " I got to see the kids the day BEFORE I testified in court. ( remember in the trial for the defendant they said they only had a visit the day of the testimony.) They let me spend about an hour with them while I was GOING OVER THE TESTIMONY THEY WANTED ME TO GIVE THE NEXT DAY!". They repeatedly got her to deny that she was told what to say in the defendants trial. She also tells her sister, ... "They are seeking the death penalty for me, along with Frankie" a fact they would deny repeatedly in the defendants trail. Then in "K.K. #3" she tells her sister at this time she has a new lawyer. She also talks about her sister moving to north carolina. This is important because that sister never showed up to testify in the defendants trial and the police said they did not know where she was. YET there was a subpoena with her name and new address on it in the case file that would be found after the trial. In short the cops stood up in that courtroom and lied to the judge. Now there is one set of letters left to discuss. They are the letters Kim wrote to defendant AFTER he was on death row. In one dated 3/31/99, she talks about the Det. Named Geesey and the way he conducted himself during the investigation. " No I did not forget about the improper conduct, it was Geesey, and he said A LOT and did a lot that I did not think was too cool."..........."..Geesey is nothing but a crackerjack dick, and a dirty old man. I told you about the time he came into L.C.P. before I had legal counsel, and questioned me about our sex life...wanting details, had me crying my eyes out he’s a pervert, told me I had to tell him everything! Like if you ever fucked me in the ass, if we had sex with Gina or anyone else, what we did, if you fucked anyone else and had me watch.. Shit like that."......." the other half is how he gave me "special treatment"... at your preliminary. He had me outside the sheriffs area, in area where normal people wait..he would put an arm around me, hug me, talk shit. He’s the one who told me about the 10 years before I ever had Bri" in a letter written on September 25th 1998 she writes,...."... They were going to give me a plea of 3rd conspiracy with 2-15 and my lawyer said no, he told me I’d be walking out the courthouse with im after my trial. All I could think of is how happy my kids would be so I said lets go for it!" .."you know I would not have testified if it would not have been for my lawyer, he made me, he said I had no choice." In a letter dated 10/21/98, she talks about her trial, .."...yes, 2 detectives, and my sister lied on the stand" (referring to the same two detectives that testified in defendants trial. In a letter dated January 4th 1999. She writes.." "They did threaten me, and with every threat they backed it up with that they were not threatening me! Especially when they had me without an attorney present,. The off the record spots at the DA’s office when they questioned us for the first time have info in it that they basically did not want me to talk about on the stand, they said it was not important"....." there were also several occasions where Geesey put his hands on me.. My lawyer said we could not do anything about that because we were trying to "befriend" the DA’s office. Well that bastard (Geesey) came to see me at L.C.P. without legal counsel present, numerously. He asked me detailed questions on our sex life, like what kind of sex I liked, what kind of sex we had together, if we (you and me) ever had threesomes, if we had sex with Gina, etc. That had nothing to do with our case. I told him and he told me he wanted to know everything about me. ".." Geesey pretty much ran the show with me. He spent a lot of time with me alone. Me; a hurt destroyed young woman, "betrayed by her fiance". His sympathetic ear and shoulder to lean on, he was beside me every stop of the way, he lent a shoulder to cry on, held my hand in the back of Savage’s car when they took me to jail, gave me extra special attention in every way. Geesey picked me up personally when I had to testify at your preliminary, kept me in hie care. Took me out to eat a lot, talked about more than the case. They picked me up one day to go to the hospital to get hair and blood samples he took me into the lobby and bought me food and drinks, told me that I’d be getting 10 years, way before brianna was born. Put his arm around me on several occasions and hugged me too. My lawyer was in on it too. They all seemed to push all of it under the rug so to speak. Most of the off the record spots on the first questioning session which went on for nearly 20 hours was me refusing to say what they wanted and them telling me I have to say it. They threatened me with life imprisonment right before I broke. All I could think of was B.J. and Brit. Along with our unborn baby. I went along with everything they said in hopes of being with the kids again. They dangled the kids in front of me, telling me if I ever want to see them again I’ll do what they say. That cant be legal can it? Geesey should not have been legally able to put his hands on me. I do not think he should be able to get away with that, do you? Everything I told you is the absolute truth right hand to god and swearing all this on my Fathers grave, may he rest in peace. Geesey and Savage made me say that fucking word "quite", and a lot of other things too". " ..Craig Steadman did his share of suggestive flirting too. I never told you because I did not want to make you mad." In a letter dated 10/21/98, she writes "...they told me you were fucking your lawyer, she was nasty, did you?" these letters will be entered into evidence at the next appeal.
During the trial a series of letters sent by the defendant to the witness for the state Kim Kistler, as well as letters sent from her to him as well were entered into evidence and used in the trial. NONE of the letters were denied! IN other words the witness for the state got on the stand and admitted to writing the letters to the defendant, and the defense never offered an objection to the authenticity of the letters. There were a lot of letters that never made it into the trial. On one hand the defendant only turned in the letters that KIM KISTLER herself instructed him to turn in. (Written in the letter) Kim however turned in every letter that she thought could be twisted and used to help her. Including one letter that she only turned in HALF of it. Since the other half hurt her. But that will be discussed in detail later. First we will look at the letters that the defendant turned over to his lawyers at the request of Kistler. They were entered into evidence as "Defense Exhibits #13, #14, #15, and #16. We’ll start with the dates they were written, two of them were done on 3/4/97, one done on 3/5/97 and one on 3/23/97. #13, and #16 on the 4th, #15 on the 5th and #14 on the 23rd. The first letter to be discussed is the one marked as defense #13, it was written by Kim to Francis on 3/4/97. "Frankie, hello glad to see you decided to write me back. I just got your letters this morning. 4 pages wow you got a lot off your chest, now didn’t you. I’m really sorry to hear that your trying to forget me, I can’t do it to you, impossible. (To date the defendant has not heard a word from Ms. Kistler in several years! Not so impossible.) Baby
I will never quit loving you, I hope you understand. Please don’t think I’ve lied to you all this time my feelings for you are deep and for real. I’ve never loved anyone as much as I love you Frankie. I had a lot of bad feelings towards you, I’ve written you so many cuss you out letters, but I couldn’t send them well more like wouldn’t I did not want you to hurt as bad as me. On top of all this I didn’t want you to go through more pain. I never got any letters from you except the first one, and I thought you didn’t care. Start sending all your letters to Gail or Deb to send in here. I think the DA is snatching them as they come in maybe , I don’t know. Well now you think I have OTT on my visitation list? Huh? Well I guess you are misinformed honey! That’s incorrect, he’s not! I think they are trying to piss you off like they did me! (OTT is a reference to an old boyfriend that the defendant had discovered Kim was still having an affair with even AFTER she got pregnant with his child, his name was MARK OTT, and after the defense asked the prison for a copy of Kistler’s visitors list, sure enough he was on the list and head in fact visited her, as well as was exchanging letters with her shortly after she was arrested! (So it turns out he was not "misinformed" as she suggested). They showed me supposedly part of your statement that you gave them that said you’ve been fucking Gina our whole relationship! Is it true? Or the 5 girls in new jersey they claim you fucked every day of the week, how about that one? (Gina is a girl both the defendant AND ms. Kistler were having affairs with so Ms. Kistler had firsthand knowledge of the relationship since SHE WAS IN THE SAME BED AS the two parties confirmed taking part in the relationship as well! For the record Gina took the stand in the trial and informed the jury that the relationship between here and Kim and Frank ended when she moved out of the same house as them. As for the 5 mystery girls from New Jersey? No one EVER came forward and admitted any relationship. Nor did the defendant at any time tell the police he was having affairs with any girls in New Jersey or Gina, after she moved out! (This "statement" will be discussed in the next update, but there was never one made by defendant!) Or the one were you claimed that Brianna is not your baby? ( Brianna is the child that the defendant and Ms. Kistler had together. When the defendant learned of her affairs behind his back and realized the "time frame" for her to become pregnant came real close to the time he was in jail he started to suspect that she was lying and asked for a DNA test! When he saw a photo of the girl however there was no need for one since she looks just like him. He however never withdrew his request for DNA testing for two reasons. One he wanted to be 100% sure, and two, it was a stall tactic in his civil case to try to keep his parental rights to his child. The list goes on! Lies, Lies, Lies! But you know what? I’ve finally smartened up! They are lying like crazy to me every chance they get and I am not going to be railroaded anymore, if you know what I mean. Let them go ahead and do what they feel they must, they scared me, intimidated me, and even told me everything to say at your hearing. Saying that they’d give me a deal, hanging the kids over my head like a piece of meat and its bullshit! Just wait till the trial, they got one hell of a shocker coming from me in store. Don’t tell anyone or you’ll ruin the surprise! I really cant wait to see their fucked up faces when they think their "prize" witness lets it all rock their fucked up world. Have faith in me baby, im not gonna let us burn for something we didn’t do. You know how it feels being we’re in the same boat, having life and death thrown in your face, believe me they used the scare tactic of the death penalty on me too! Why do you think I’ve done what I did? Our baby and my kids need to too much for me to die on them! So now im telling the truth! Im going to spill the beans on how I lied in my statement and at the preliminary. They re not using me as a puppet anymore....." LET YOUR LAWYER KNOW THAT THEY FUCKED ME UP SO BAD WITH THEIR THREATS AND INTIMIDATION THAT THEY EVEN TOLD ME TO SAY THAT THEY DID NOT TELL ME WHAT TO SAY AT THE PRELIMINARY............. ".... Tuesday the 25th of February, before your hearing they had me at the DA’s office all day long going over what they wanted me to say, and in the middle of it they set it up to have the kids come in and visit with me for 1 hour. When the kids left Brandon, ( her son) walked out first, he hugged and kissed me told me that he loved me and said he had to go now because he did not want me to see him cry. As he turned to leave he turned around once more and tears of pain were streaming down his cheeks. Then Brittany did not want to leave me. ( her daughter) she stood there and held onto me like she did not want to let go. I just looked at my sister and said please help her. Karen said lets go brit and she slid away and held onto my sisters’ legs and hid her face. Karen had to pick her up and carry her out. As she left, she said mommy I will never stop loving you, and cried her little eyes out. Brianna was just so adorable I did not want to let her go. ( The baby her and defendant had ). Frankie do you understand how that crushed me? (Interesting side note, Karen the for mentioned sister? Once the trial was over, she would then deny Kim and defendant ALL and any access to their baby! The lawyers for the defendant had to threaten her with court in order for her to bring the baby in the one and only time she ever did to see the defendant, thru a piece of glass! Since the defendndant was no help to the police, he did not get the "favors" of a contact visit that Kimberly had gotten. Karen would eventually sue the defendant and Kim in court for custody of their baby. Kim would give up that fight (and the defendant with no lawyer in his corner, would lose his rights to be his childs parent). "Once they were done, the da just played on my emotions, I was hurting so bad they took the opportunity to fuck me up again by saying, "do you ever want to see your children again?" It totally killed me. They went on to say that id probably get all the charges dropped if I testify for them and say everything they want me to."...."im sorry for letting them brainwash me and scaring me into telling a lie, "..." I started telling them back in November when they first questioned me that I was at home with you until you left for Jersey, then went to bed and woke up when you called, and they stopped me right there and hounded me for 20 hours Frankie. They had me all messed up and before I knew it they were asking me all these questions and I just started agreeing with them after they said so many things about you to make me so angry, hurt confused and scared. "... " they are the most untrusting back stabbing bastards to roam the earth. "....." they told me to give them everything you send me and I am not suppose to write you, and I am supposed to think about what you took away from me, my kids. You did not take them away from me, they did, fuck them." ... ( you will notice that this version of the letters will have some "edits" in them from time to time."..." this is for two reasons, one is the phot copy that the defendant has is not always completely clear, it usually fades at the edges of the paper, and two is some of the content of the letters is sexually explicit and graphic, and has no real bearing on the message that he is trying to convey. However keep in mind the entire original copies of them are in the record, part of the public file and can be obtained if ANYONE wants to challenge what is being said in this site, they can get the copies themselves and see that nothing harmful to the defendant is being left out. The next letter used was defense #16, and was written on the same date as the previous letter."...as you know my sister Karen who has brianna is suing us for custody, betraying, back stabbing bitch! We had it set that she would just gonna have guardianship until I get sentenced to go to Muncy then we were gonna do Partial custody for the time being. Well she turned around all pulled this on me and said she was not bringing her in for visitation either!..."..."my nerves are shot and I cant eat and I cant sleep and im smoking like a chimney. My lawyer quit on me im trying to get Pyfer and Reese but cant afford them. (They would be appointed by the court anyway!) "...your not gonna die baby, I wont let you. I love you too much.....""I’ve done wrong but it’s not too late.".."..im like a totally different person and jail has taught me a lot so far! Can’t trust anyone! Fuck with People or get fucked with, plain and simple."" ....don’t forget they are trying to kill me too". The next letter is marked defense #15 and was written on 3/5/97. " i was shackled to the bed as I gave birth to our baby. Do you know how hard it was to give birth? Very fucking difficult and with guards in the room with me were no help. It really hurt me bad that you couldn’t be there with me to help me and to hold me I cried a lot because the pain was so intense"...."I don’t know if it was because I was having the baby or because the thing I wanted to share with you, I couldn’t" "I’ve really burned myself with the DA. So I’ll probably get life." "...do you realize the Das whole defense against you is me and my big mouth? They need me so bad to give you life or death."The last letter is dated 2/23/97 and is marked defense exhibit #14. "I’ve become a total basket case, so now they put me on anti-depressants and they are kicking my ass." "..I had to fight with myself, wondering why you would cheat, lie, and break my heart like they said. I’ve heard from them so many mean things about you and so many lies they had me believing them for a while but after I sat here and thought about things a lot of what they said didn’t make any sense and I told myself to follow my heart instead guess where it lead me? Right back to you. I personally think they are all compulsive liars. No doubt about it." "Just Sunday I heard some pretty bad news for me, they are now seeking the death penalty for me also. (A fact that she, the DA and the cops would deny at trial, yet in the post conviction interview she would confess was real!) " first they were gonna do a deal, but now I see their true colors. I do not like what I see. Understand?"....."I cant believe you fell for that visitation list one! Pretty bad! I thought you were the smart one between the two of us! (She was once again lying about the ex boyfriend mark Ott.) "They told me for the longest time, even my lawyer, that you were blaming me and that you only want to cover your own ass that you don’t really love me and that you never have! Oh please do you really think I would set You up like this? I have absolutely nothing to lose anymore. They want my head served on a silver platter just like yours.". Now the thing is that might be more disturbing here is the jury heard these letters in their entirety. They obviously gave them no credit, and why? A look at the trial transcripts will reveal just how much the state is allowed to get away with. They walked Kim Kistler thru the letters line by line, and the statements that were harmful to the defendant she admitted they were the truth, and anything that helped him she said was a lie! It went something like, " oh that was true.. Oh but that was not.. That was.....that was not........ECT, etc. " the thing that was even more shocking was that when it came time for the state to prosecute Ms. Kistler, they used some of those very same statements against her by using letters she wrote to the sister that they with held from the defense, to prove that she was lying! To the very same things they offered as TRUTH in the defendants trial! They will be showed in a comparison of letters in the next paragraph. The one other thing is that the newspaper reporters that were in the courtroom when these letters were read, NEVER REPORTED A SINGLE WORD OF THE LETTERS IN THE PRESS! The reason is simple, if you live in an area and part of you job is to get the information from the cops in that area about things to report, you need to be on the good terms with them! If not you will always be the last one to find shit out! How long do you think you will be employed if you are not friendly with the locals??? Also one more thing to discuss before we move on to the testimony that Kim gave at the trial with respect to the letters she wrote. In the transcripts vol #15 page 2937, the jury is told that these letters she wrote was during a short time where she was confused and did not know what she was doing. That was how they explained why she wrote them. They said the time period was only a few days, a week at the most! Yet those letters were dated over a three week period of time! Also they left that they also had the letters in their possession at that time that they hid from the defense, from Kim that backed up a few of the claims she and they were denying in the trial of the defendant! They had the balls to use those letters in the trial against Kim Kistler. The other part of their explanation to the jury on why they should ignore what Kim said in those letters? "She was trying to help him get out of jail by writing them"! That by itself is the most ridiculous thing you could imagine. So let me get this straight, a woman who had nothing to do with this, who is innocent and was used as an unwitting pawn, suddenly decides to do the right thing to do is to take all the blame off Harris and risk taking the fall herself????? That is utterly insane! But the jury BELIEVED IT!!! ask yourself this, if she was really trying to help him, why just call the police and tell them she did it? That was the quickest way to fix things? Or does it make more sense that Kim had an attack of conscience here! She felt bad about helping the state murder her childs father and for just a brief moment felt actual guilt!. That is what spurred the letters! Now she never put herself in harms way you will notice, but she did attempt to be honest about how they got her to say what she said! Now we move on to the trial testimony offered by Kim. On page 2959 on the transcripts the letters that she wrote first come up. Q; let me stop, who’s ott? A; OTT my ex boyfriend. Q; well according to the visitation list that I saw he was in to see you a number of time, is that correct? A; no. he WAS IN ONCE! (Remember her telling the defendant that it was a lie "they" were teeing him to turn against her? ). The record shows one visit on 1/31/96. The defendant has several letters that Kim wrote to Mr. Ott as well that he turned over to police.
To say they are "friendly" is being nice. Shortly after that question there was this exchange, Q; it does not say that. A; well......Q; read what it does. A; I’d really rather not. Q; did you write the letter? A; Yes. Q; please read what it says,. A; Can I spell it ? At this point the DA complains to the judge and The judge rules in his favor Here is the reason for all this. In her letters she was EXTREMELY vulgar in her language. Problem is she is trying to present herself as a sweet innocent young woman who was duped into doing this. These things she wrote in the letter will not look like the image she is trying to portray, it does not go well with the performance she is giving, it would shock and offend the jury to actually hear these things come out the mouth of this innocent little girl! So her lawyer must have instructed her to refuse to read any kind of curse word! Now granted the jury is going to read the letters but the impact of hearing the words come from her mouth on the stand would have shattered the role she was playing. None the less the judge let her avoid saying them anyway! Q: the sentence that I’m---- quote, they showed me supposedly parts of your statement that you gave them that said you had sex with Gina our whole relationship, is it true. Question mark. My question is, who does the pronoun "they" refer to? A; referring to the DA’s office. Q; so you are saying here that somebody in the DA’s office showed you a part of Mr. Harris’s statement that he gave to them that said he had been having sex with Gina your whole relationship? A; they never showed me anything that said that. Q; they never did? A; No. They ...they said...they didn’t even come out and say that he definitely was. But it was tossed up in the air. Now the detective that actually told her that was Det. Brennemen, and it was told to her while she was being interviewed as a way of getting her to talk. Now if you were to look at the transcripts from Kim kilters trial you will see how it was "tossed up in the air" as she so casually put it. Pg. 219, By Det. Brennemen., A; I came in and introduced Myself to Ms. Kistler. And I said to her, I said Kim, im here because the investigators in this case, we feel that you have a right to know what kind of man your associated with her, meaning Mr. Harris. I first....I then advised ms. Kistler that during this investigation, we found out that frank was...Mr. Harris was quite the ladies’ man and he had been having sex with numerous other women. I also told her that myself and again Det. Ator, interviewed frank earlier in the day and it appeared that frank was proud of the fact that he had all these other women. I then advised ms. Kistler of a girl named Regina who was a sister of a girl named Chrissy. And Regina would have been a girl that Ms. Kistler and Frank had lived with a short time in Gap. Q; are you talking about Gina Ewing: A; yes. I then told Ms. Kistler that Frank advised myself and Ator that he was having sex with Regina during the entire time they had been staying with Chrissy in the trailer in ..I believe it was gap. Q; they meaning Kim and Frank were staying with Chrissy? A; Yes. (Now to clear up some things, one I already explained that Kim, Frank and Gina were involved in a three way relationship for awhile when they all lived in the same bedroom in Stevens, PA. No one ever denied that! Gina herself testified under oath that once she moved out the relationship ended! A fact the defendant has ALWAYS asserted! Also frank and Kim NEVER lived in a trailer with Chrissy. And ask yourself this, if the cops are questioning him about his whereabouts during a murder, what the hell would he be talking about his sex life for??? and most of all would he tell the cops he was cheating on his girlfriend knowing they also want to talk to her? It defies all sense! ) He goes on... A; I think I advised Kim about a girl named Mary Kay who was a customer at the pipeline bar where frank worked. I advised her that frank...we found out frank was having sex with her. I also advised her of two other girls that frequented the Pipeline bar, Tina and Luann, and told her that these two girls were also having sex with frank. I then told Kim that we spoke to a good friend of frank’s, Mr. Harris, that told us of numerous women that he was having sex with who lived in new jersey. (Once again things must be explained. The girl "Mary Kay" is named Sherry henry, she actually testified in the trial! All she ever said was they had a relationship in The past..she never said she was still involved with the defendant, and as for the past relationship? Kim was the girl frank left sherry for!
She knew all about sherry, the one thing the cops never knew was frank NEVER lied to his girlfriends about who he was with or when. In fact this was a problem with a lot of them cause if they ever asked him about other girls, he was always honest with them! KIM knew of every single woman he was with ! They also went on to name " Tina" and "luann" off the bat the defendant has no clue who this "Tina" is. She never shows up in ANY police report, discovery, or in trial! As for Luann, once again Kim knows her, and knows of the relationship between her and Harris IN THE PAST! In fact before Kim and Harris moved from Stevens and started a life with just them being with each other, luann had long ago moved to florida! If Mr. Harris was still having sex with her he would have to have an awful long penis to reach all the way to down to florida! And as far as the "jersey girls" once again NO ONE shows up in ANY police report, discovery or trial to say any of that was true. In short they used names Kim would know, and some she would not, to give her the impression that there was something going on! They had the ability to PROVE it any time they wanted to since the called two of the women to testify, but after they questioned Gina and she did not say what they wanted her to, they made sure they would not ask sherry henry the same thing. And since luann was in florida there was no reason to call her. The mystery women "Tina" was never called, nor was any of the " jersey girls", although they did subpoena a girl from his past named Darlene Castner, but after they interviewed her she would never see the inside of a courtroom!) He goes on ...A; when I entered the room I saw no signs of her being agitated, upset at all. As I was going through these names and giving her this information, I could see tears starting to well up in her eyes. Her nose started to run. She had access to tissues that were on the table and she grabbed some tissues. She started wiping her eyes. Her eyes then eventually started tearing. They got red. She started wiping her nose. She just continued to progressively get a little more emotional. (She was pregnant at this time!) Now if you go to the trial transcripts pg. 2968 you will see the first time Kim recants the events in her letter. A; No. This is all ..... this is all the story that I was making up to give him a way out. That’s what this is, THIS WHOLE LETTER! Q; continue on. A; (reading) and in the middle of all that, they set it up for me to have the kids come in and visit with me for one hour. When the .. Q; was that true? A; Yes that parts true. ( like defendant said earlier, what she needs to be true for HER is true what she needs to be a lie for to use against HARRIS is suddenly a lie.)
She then goes on to read the description of how they were brought in and they cried and it upset her so much she could not read it so the attorney finished it. Q; I’ll read it. Correct me if I’m wrong if this is too difficult. (Reading) and slid away and held my sisters’s legs and hid her face. Karen picked her up and carried her out and she lifted her hand and said mommy I’ll never stop loving you and cried her little eyes out period. Is that correct? A; Yes. Then in the very next line she snaps bach with a lie. A; ( reading ) do you understand how that just crushed me? Broke my heart all over again. Then when they were gone, the DA just played on my emotions. Q; is that sentence true? A; No they stressed to me how important it is to tel the truth. That’s what they told me . (what they could not tell you to tell the truth without using your children as an emotional crowbar?) And then in the next line, A; (reading) I was hurting so bad. They took the opportunity to mess me all up again by saying, do you ever want to see those faces again? Q; Did they tell you that? A; Yeah, that part is true. Then further on down the line, Q; Now let stop you there.
The bad things they were saying about Frank... A; Um-hum Q; Related to his supposed other girlfriends? A; that was some of it. Q; Okay. And you were...did you feel jealous when they were telling you this? A; No...I was hurt. Q; You felt hurt and upset? A; Yeah. Q; And betrayed? A; (no verbal response) Q; Correct? A; Yeah. Then further down, A; Basically, I was ready...like I told Mr. Steadman when he QUESTIONED ME ABOUT IT! With these letters I was ready, giving Frankie a way out of this. And I was.....I felt since I told them the truth, that I already convicted myself, basically. So I wanted somebody to be out there with our baby. ( this is the part where she decides that she will "help" Harris! If she told the "truth" like she said it was then the only person guilty of the murder was Harris, so why would she think she convicted herself??
They have been talking about giving her a deal and her lawyer has been telling her he will "walk her out of the courtroom" . A fact the DA could not wait to use against her in her own appeals! (see her P.C.R.A. transcripts No. 50 of 1997) Q; (by DA) did you believe she had a good chance at avoiding a conviction for third degree murder? A; (by Kims attorney) Well, I discussed with her at length the various theories of the commonwealths case, the conspiracy, possible accomplice liability, etc, etcetera. I indicated how that would play and how it could be argued both way, and I suggested to her that she certainly ..if she was believed, that she may not be found guilty of third degree murder or conspiracy to commit third degree murder. I indicated that to her, yes I did. Further down the line, Q; Did you tell her, and again, this is repeatedly a quote "I’ll walk you out of that courtroom" or words to that effect? A; No. Q; You don’t think you said that? A; No sir. Q; did you urge ms. Kistler to accept the offer from the commonwealth? A; I did not urge her to accept it, I did not urge her to reject it. I indicated to her what the offer was. I indicated to her what I thought could happen at trial and I left it up to her. I don’t typically urge clients to accept or reject pleas unless, in my opinion there is no possibility of a verdict which I deem to be satisfactory. And let me say, not to interrupt you, but let me say, ms. Kistler made it very clear to me on a number of occasions that she was not inclined to enter a guilty plea to anything where she was admitting to any type of a murder, even a conspiracy to commit murder, even third degree murder. And out of Kims own mouth Q; ( from the DA) Did he give you odds? A; (by Kistler) Well, to break it down into odds, I mean he really thought that I would be leaving the courtroom within that day. That was one of the things he said. In the discovery for the Defendant there is a handwritten note that was listed as "additional" discovery items. And in that note the DA states that the deal for Kim was no more than a third degree prosecution, and REESE MADE THAT DECISION ON HIS OWN, KIM WAS NOT INFORMED OF IT!!!! (Defendant is working to have all documents included on this site for anyone to reference them but it will take time as there are close to 10,000 pages of it.) Now we have up until now only discussed the letters from Kim to the defendant in here. We will now turn to the letters from the defendant to Kim. These were entered into evidence by the state and were listed as Commonwealth #99.#28,#29,#100,#101,#102, and #103. These can be put into two categories real simple, #28 and #29 and #99 were written BEFORE Kim wrote the letter confessing to frank that she lied and was framing him, and #100, #101, #102 and #103 were written AFTER frank received the confession letter from kistler. They are of two simple tones, the ones before Kims confession are hurt, sad, and asking why did you do this to me? They express anger and pain. The ones after are forgiving and hopeful. IN NO LETTER AT ANY TIME DOES THE DEFENDANT EVER SAY HE IS GUILTY OF MURDER, or murdered anyone, or planned to murder anyone, or anything close to this. There are some examples, #99 "Kim, what happened please tell me this is a big misunderstanding, what in gods name did they say to you to scare you So bad to make you say those things? #28, "I wish I could turn off my emotions, I would love to be able to lash out at you in anger and say I hate you. But the truth is I’ve never loved anyone in my whole miserable life like the way I do you". "not one of my so called friends came here. Every Saturday I would get up at 11:30 and wait for a visit until 12 noon, to see if anyone came. Well I don’t get up anymore. And I don’t care." ""I told myself that all you needed was someone to love you, unconditionally, to prove to you that you were not a worthless alcoholic whore like everyone said. That you were better than that. Me and my stupid ego again. I thought my love for you would be enough, but it never was." " I’ve given no statements , and I plan not to , nor do I pan to take the stand. They might have told you different." #29, "the one line in the whole letter that made me write you b ack is ( and I quote it word for word)... "why is he blaming everything on me?" I cant believe they told you that, and even more you believe it???" "Even after you lied, cheated, deceived me, and basically fucked me over more times than I care to remember, I proved myself to you, by standing by you, for better or for worse. I saw more worse with you than anyone else. But I never budged a fucking inch. I stood my ground and stayed true to my love for you. I have nothing to prove to the likes of someone like you, I’ve done my time with you and even now im still doing it! Don’t worry all your secrets will be safe with me. I thinking the only thing worse then believing in you all this time would be if I stooped down to your level and started talking, Id rather die than to know I was just like you!"( this would be the first time the defendant would ‘slip ‘ and show that he was taking the fall for kistler). Then #100, after Kim confesses, " I committed myself to you, body, soul, heart, everything. To have you testify against me it crushed me Kim" " you said you burnt yourself with the DA and your probably going to get life. Your not. Don’t think that. If your really going to do this (referring to the plan She told him about to recant her statement in her letter to him). If its going to be us together fighting, believe me there is no way in hell you are going to get life. Its me they want and me they are going to get! ( once again letting her know he is planning to take the fall for her). Then #101, "I’ve never ever felt like giving "myself" to someone the way I do when I am with you, its like all I want to do is please you, and whatever you tell me to do, I really want to do it, NO MATTER WHAT IT IS. I find myself wanting it for you . I’ve never felt that way with anyone." Then to the most interesting letter of all, #102. What is most interesting about this letter is it is a 8 page letter (front and back of pages) and 4 of them are MISSING! "Baby part of breaking you down is shit like this, (referring to the fact that they had her on drugs in jail). If you starve, stay doped up, let yourself dwell on this the whole time, you’ll be so, so, so easy to manipulate during the trial. " (how right the defendant turned out to be!) The reason the rest of the letter was missing, the defendant made it clear to Kim that he was going to take the blame for her, and get her free! This is something the Lawyers did not want the jury to hear. Then finally, #103, " first, right now, there are three options on how to handle this for you. We have not received discovery yet. So this can change drastically especially if we get our way with suppressions. 1) Obviously, you can finish what you started, continue to be a witness for the state and testify against me at trial. The results obviously for me, death, for you if your lawyer is any good you might be able to get the DA to let you go." (Here the defendant is telling her okay if you want to recant your statement and fight, I get it BUT you should understand this is an option you can consider, telling her to go ahead and sacrifice him to save herself! HE IS ACTUALLY GIVING HER PERMISSION TO DO SO!!!! He would then go and lay out other ways to trap the DA in his own pool of lies,. To expose he state for trying to set him up. The DA would read these statements to the jury claiming they are a confession, ignoring the fact that the very first option he laid out for her involved HIM DYING!) Now before we move onto the letters that the DA withheld from the defense and then used in kilters trial against her there is one more place to look. The trial of kistler and comments made by the DA. The reason I say that is because if you are paying attention to the content of the letters written by Kim, and the way she talked when she was on the stand you would think they were two completely different people. and I am not alone in that opinion, see the closing argument made by the DA, in Kims trial. Pg. 420, (by DA) " During her two and an hours days worth of testimony, I submit she looks as good as she ever will. This is one side of Kimberly Kistler. She wants you to take this side at face value. This side and this side along." ..." you read their correspondence. I mean this person that testified at trial and the person that comes out in the correspondence are one and the same person. But by looking at her, its hard to reconcile them."..." I think his words were trying to get out of her situation. How desperate was she? At what length would she go to hold onto him?" " .. Her testimony oat trial, as it relates to her culpability, does not agree with any of the other evidence in this case. Doesn’t even agree with her earlier statements.!" " Your honor I would suggest that a reasonable interpretation of this is, she hasn’t heard from frank all day. There are three people who know what happened there that night. One of them is dead. She is trying to find him. SHE IS AFRAID OF TALKING. That’s precisely what’s happening here." Now the letters that the commonwealth hid from the defendant and used against Kim in her trial are entered into evidence and labeled "K.K.#2, #3, #4, and #5. "These are the ones that have the most important information. They were all written to Kims sister, Kathy Gehr. Kim at this point knows well enough to tell her sister to destroy the letters that she sent to her since she does not want the DA to get a hold of them. Her sister turned them into the police anyway. The DA was smart enough to know to keep these letters away from the defense. They were never turned over. They never mentioned a word of them in the trial of the defendant. But when it came time to try Kim , they used these letters to the fullest extent. In "K.K. #2" Kim wrote the following,..". This is the man I knew and loved, he never laid a hand on me, (referring to the abusive boyfriends of the past) he treated me with kindness and respect. Anything I needed or wanted he gave without hesitation, and I mean ANYTHING! He sacrificed his own comfort to be with me when he got out of jail in July, he slept in his car at night and by day he was out looking for a job so he could get us a place to live". She also goes on to say..."(they told me), but now he’s trying to blame all this on me! (Referring to the murder) They would say none of these things in the trial of the defendant. Imagine that, portraying him as a "self sacrificing" type of person. The only man that never abused her. Telling the jury that Kim was told Harris was blaming HER for the murder! What would that have done for Kistler’ credibility? Apparently this was not lost on the DA since he kept it all from the defense. One of the most disturbing details, Kim describes the murder! If you read her testimony she was never anywhere close enough to Martin to see what he was wearing OR never anywhere to see the crime! But in her letters she describes the "slitting of his throat" and the " light blue shirt" he had on. How is this possible? She never testified to anything that would have given her access to that kind of information! It was not lost on the DA. They hid it from the defense AND listen to what they said about it in her trial. On page 104 of her transcripts, Det Savage says, "initially I thought it was a blue and white pinstripe shirt:"(he is describing how it looked that night, at the crime scene, in the dark, the same way the killer would have seen it) ... Q; Dark blue or light blue? A; "it would have been a medium blue pinstripe with a white shirt." Q; And what color did the shirt appear to be when it was put under the florescent lighting?" A; It was grey". So even the police that arrived at the crime scene said, in the lighting that night, it looked blue!
On page 460 of her trial transcripts the DA agrees with me, "your honor how did she know? This letter was written...and we only got it. This letter was written before she ever delivered that baby. Before she was ever arraigned. Before there was any discovery. Before there was testimony from Dr. Ross about how slow this injury was. Det. Savage told you that in the dark, the shirt looked blue. How did she know?" the answer is simple. Only the killer would know this information. In "K.K. #5" She says.... "I don’t care anymore if frank lives or dies" this is not the impression she gave the jury in the defendants trial. She told them it was a very hard thing for her to do because she loved him! She also tells her sister she has a "great deal of contact with the DA’s office". In "K. K. #4" This one the date is readable on 3/19/97 she is telling her sister that her lawyer quit. She also tells her " I got to see the kids the day BEFORE I testified in court. ( remember in the trial for the defendant they said they only had a visit the day of the testimony.) They let me spend about an hour with them while I was GOING OVER THE TESTIMONY THEY WANTED ME TO GIVE THE NEXT DAY!". They repeatedly got her to deny that she was told what to say in the defendants trial. She also tells her sister, ... "They are seeking the death penalty for me, along with Frankie" a fact they would deny repeatedly in the defendants trail. Then in "K.K. #3" she tells her sister at this time she has a new lawyer. She also talks about her sister moving to north carolina. This is important because that sister never showed up to testify in the defendants trial and the police said they did not know where she was. YET there was a subpoena with her name and new address on it in the case file that would be found after the trial. In short the cops stood up in that courtroom and lied to the judge. Now there is one set of letters left to discuss. They are the letters Kim wrote to defendant AFTER he was on death row. In one dated 3/31/99, she talks about the Det. Named Geesey and the way he conducted himself during the investigation. " No I did not forget about the improper conduct, it was Geesey, and he said A LOT and did a lot that I did not think was too cool."..........."..Geesey is nothing but a crackerjack dick, and a dirty old man. I told you about the time he came into L.C.P. before I had legal counsel, and questioned me about our sex life...wanting details, had me crying my eyes out he’s a pervert, told me I had to tell him everything! Like if you ever fucked me in the ass, if we had sex with Gina or anyone else, what we did, if you fucked anyone else and had me watch.. Shit like that."......." the other half is how he gave me "special treatment"... at your preliminary. He had me outside the sheriffs area, in area where normal people wait..he would put an arm around me, hug me, talk shit. He’s the one who told me about the 10 years before I ever had Bri" in a letter written on September 25th 1998 she writes,...."... They were going to give me a plea of 3rd conspiracy with 2-15 and my lawyer said no, he told me I’d be walking out the courthouse with im after my trial. All I could think of is how happy my kids would be so I said lets go for it!" .."you know I would not have testified if it would not have been for my lawyer, he made me, he said I had no choice." In a letter dated 10/21/98, she talks about her trial, .."...yes, 2 detectives, and my sister lied on the stand" (referring to the same two detectives that testified in defendants trial. In a letter dated January 4th 1999. She writes.." "They did threaten me, and with every threat they backed it up with that they were not threatening me! Especially when they had me without an attorney present,. The off the record spots at the DA’s office when they questioned us for the first time have info in it that they basically did not want me to talk about on the stand, they said it was not important"....." there were also several occasions where Geesey put his hands on me.. My lawyer said we could not do anything about that because we were trying to "befriend" the DA’s office. Well that bastard (Geesey) came to see me at L.C.P. without legal counsel present, numerously. He asked me detailed questions on our sex life, like what kind of sex I liked, what kind of sex we had together, if we (you and me) ever had threesomes, if we had sex with Gina, etc. That had nothing to do with our case. I told him and he told me he wanted to know everything about me. ".." Geesey pretty much ran the show with me. He spent a lot of time with me alone. Me; a hurt destroyed young woman, "betrayed by her fiance". His sympathetic ear and shoulder to lean on, he was beside me every stop of the way, he lent a shoulder to cry on, held my hand in the back of Savage’s car when they took me to jail, gave me extra special attention in every way. Geesey picked me up personally when I had to testify at your preliminary, kept me in hie care. Took me out to eat a lot, talked about more than the case. They picked me up one day to go to the hospital to get hair and blood samples he took me into the lobby and bought me food and drinks, told me that I’d be getting 10 years, way before brianna was born. Put his arm around me on several occasions and hugged me too. My lawyer was in on it too. They all seemed to push all of it under the rug so to speak. Most of the off the record spots on the first questioning session which went on for nearly 20 hours was me refusing to say what they wanted and them telling me I have to say it. They threatened me with life imprisonment right before I broke. All I could think of was B.J. and Brit. Along with our unborn baby. I went along with everything they said in hopes of being with the kids again. They dangled the kids in front of me, telling me if I ever want to see them again I’ll do what they say. That cant be legal can it? Geesey should not have been legally able to put his hands on me. I do not think he should be able to get away with that, do you? Everything I told you is the absolute truth right hand to god and swearing all this on my Fathers grave, may he rest in peace. Geesey and Savage made me say that fucking word "quite", and a lot of other things too". " ..Craig Steadman did his share of suggestive flirting too. I never told you because I did not want to make you mad." In a letter dated 10/21/98, she writes "...they told me you were fucking your lawyer, she was nasty, did you?" these letters will be entered into evidence at the next appeal.
What's New with My Subject?
