Monthly Archives: January 2018

Appellate Arguments heard in the Leila Fowler Murder Case.

On the afternoon of January 23, 2018 a three judge panel of the Court of Appeal, Third Appellate District for the State of California heard oral arguments on an appeal filed by attorney Marcia Levine on behalf of Isiah Fowler.  In the fall of 2015, Isiah (who was 12 years old at the time of the April, 2013 murder) was convicted of killing his 8 year old sister Leila.

The focus of Tuesday’s hearing was whether or not the 12 year old defendant’s constitutional rights to a Miranda warning were violated by Calaveras County Sheriffs and the F. B. I.  The appellant’s argument was that the trial court erred in determining whether or not a custodial setting existed in the four different times Isiah was questioned.  The trial court essentially looked at the various situations from the viewpoint of whether an adult would feel that he or she felt free to end questioning and leave versus whether a 12 year old would feel the same way.  This concern was amplified because Isiah’s father was in the room during the emotional fourth interrogation with the County Sheriff’s investigators and an F. B. I. agent, trying to get Isiah to confess.

Levine worked with the trial attorneys, Mark Reichel and Steve Plesser, whose efforts leading up to and during the trial to raise the custodial interrogation issues and preserve them for appeal were crucial to arriving at this hearing.

I was fortunate enough to be in court Tuesday with Reichel, Plesser and Isiah’s father, step mother and older brother and sister.  We were all surprised by how sympathetic the panel was to the appellant’s position.  The result was that we left the court with a sense of guarded optimism that the court may rule to remand the case to the Calaveras County District Attorney who will decide on whether to retry the case, offer a deal or dismiss the charges all together.

Based on the fact that the Appellate Court had a draft of their position drafted prior to the hearing, a final decision is expected to be released within the month.  The substance of that decision will be posted here as soon as it becomes available.

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Arrests finally made in the murder of Dorothy Wiederrich.

74 year old Dorothy Wiederrich was bound and stabbed to death in her Lodi home on February 12, 2016.  Later that year Alan Gregor was also stabbed to death in his home located less than a mile from the Wiederrich residence.   Kenneth Vanderford, 52 and Kevin Etherton, 26, both from Stockton, were initially arrested for the Gregor murder after a police photo of a pickup truck, believed to be the murderers escape vehicle, was identified.

My investigation into the crimes found that one of Dorothy Wiederrich’s relatives identified the truck as one that Wiederrich purchased for the boyfriend/husband of her housekeeper.  That person was Kenneth Vanderford.  Vanderford and Etherton were arrested for the Gregor killing about a year ago and will be arraigned in the Wiederrich case February 13 on the two year anniversary of her death.

I investigated both murders, interviewing relatives and neighbors, in the hope that these apparently random stabbing murders in which the killers got into and out of the victims’ home without being seen or heard, might lead me to the real killer of Leila Fowler.

At this point it seems unlikely that either Vanderford or Etherton was involved in the Fowler case.  I say that because I hope that Vanderford and Etherton’s DNA was run through the CODIS data base and did not match the unidentified male DNA found on Leila Fowler’s body.

The following link is for an article on the arrests in the Wiederrich case that appeared in the Lodi Sentinel.

http://www.lodinews.com/news/article_684ef0da-0197-11e8-ba09-53a7f44ff5ff.html

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