On January 17, 1997, the Court of Criminal Appeals in Alabama denied Dave's first
(or direct) appeal. We are very deeply disappointed. It has, however, made us more aware of what we are up against. Although, not a single shred of evidence even remotely connects Dave to the crime scene, this court found the evidence to be "SUFFICIENT!" to sustain his conviction.

In their written opinion, the court, basically, adopts the prosecutions' interpretation of the facts and states that they view the circumstances "in a light most favorable to the prosecution."

Death penalty cases are very political and judges are elected. Many things stated as 'FACT" (which they considered in reviewing the appeal) are even contrary to what was presented at trial, which is on record. This first stage of appeal is what the public would recognize as the stage where cases are overturned only on "technicalities." Newly discovered (or after trial) evidence of any kind may not be raised until a later stage that can be years away. So in Alabama, no matter how innocent you are, if you do not have an attorney or representation that is truly dedicated and diligent enough to establish trial errors, or the court doesn't recognize your attorney, you will be years even being heard on new evidence or evidence not known prior to the trial.

We have some folks working on the appeal to amend it in hopes we may yet get a new trial in direct appeal. We also have a team being organized to begin immediately establishing our case, as well as investigating and documenting all of our information to date in an effort to be ready when the time comes. All of these folks have donated their services because they believe an injustice has been perpetrated and those involved are top notch and dedicated.

This is where we again come to you, both public and any professionals capable of lending services necessary to prepare, fund and promote this cause.

There may be individuals with information we can use in the Ocala Forest area where Dave is from and we need all information regardless of how insignificant it may seem. Someone out there knows things that will help us, please do the right thing. An innocent man's life is at stake and his freedom has already been taken. We have very capable people to examine leads and your privacy will be respected.