Ferak John - Body of proof : tainted evidence in the murder of Jessica OGrady?

BODY OF PROOF published by:

WILDBLUE PRESS

1153 Bergen Pkwy Ste I #114
Evergreen, Colorado 80439

Copyright 2015 by John Ferak

All rights reserved. No part of this book may be reproduced in any form or by any means without the prior written consent of the Publisher, excepting brief quotes used in reviews.

WILDBLUE PRESS is registered at the U.S. Patent and Trademark Offices.

978-1-942266-21-1 Mass Market Paperback ISBN

978-1-942266-20-4 eBook ISBN

Interior Formatting/Book Cover Design by Elijah Toten

www.totencreative.com

Art Director Carla Torrisi Jackson

Editor Tom Panholzer

http://tpanholzer.wix.com/tom-panholzer

ACKNOWLEDGMENTS

This book chronicling the tragic murder of University of Nebraska at Omaha student Jessica OGrady would not be possible without giving credit to so many people who helped directly or indirectly in the production of this story.

To my publishers at WildBlue Press, Steve Jackson and Michael Cordova, highly successful authors and the co-founders of WildBlue Press; Thomas Panholzer, editor; Carla Torrisi Jackson, art director; Elijah Toten, cover designer, formatter; Mackenzie Jackson, communications director; and Lauri Ver Schure of Murder by the Book in Denver, Colorado.

A number of reporters covered this case over many years at the Omaha World-Herald ; the UNO Gateway , which is the University of Nebraska at Omaha student newspaper; The Associated Press; Omaha television stations KETV, KPTM, WOWT, KMTV; Nebraska Education Television (NET); and news radio station, 1110-AM KFAB. In particular, Bill Kelly of NET deserves special recognition for exemplary trial coverage. Omaha World-Herald reporters Todd Cooper, Christopher Burbach, and former reporter Lynn Safranek all provided outstanding news coverage chronicling the long trial. Omaha television reporters who also deserve recognition include Michelle Bandur, Brian Mastre, Kathy Niver, Carol Kloss, and others whose names I apologize for forgetting at this time.

I also owe a debt of gratitude to my wife, Andrea, a former newspaper copy editor, who helped edit the first draft of my book and always has great feedback and insight to share.

Most quotes in this book came from interviews I conducted with key people who had a direct or indirect tie to the Jessica OGrady case, court transcripts, and public records that I reviewed. I am especially grateful to the timely help and exceptional assistance from the Douglas County Sheriffs Office, notably Sheriff Tim Dunning. I also want to single out Dave Kofoed, former Douglas County Sheriffs Office crime lab commander, for being gracious with his time and answering all of my questions. Those who also carved out time from their busy lives to answer my questions include Omaha lawyers James Martin Davis, Steve Lefler, Bill Gallup, and Clarence Mock; and international blood-stain expert Stuart James of Florida; criminal justice professor at the Peru State College Kelly Asmussen; retired Douglas County crime lab technician Darnel Kush; Lincoln Police Department forensics lab director Erin Sims; Lincoln criminal defense attorney Jerry Soucie; Omaha media personality Tom Becka; renowned national expert on no-body murder cases Tad DiBiase; founder of the Omaha chapter of the United States ATV Search and Rescue Team D.J. Ginsberg; and former boyfriend of Jessica OGrady Chayse Bates.

I also want to thank manager of Student Publications Josie Loza at UNO Gateway , the University of Nebraska at Omaha student newspaper. Josie dug through her student newspapers archives to retrieve a number of vital photos that are being republished in this book. I also want to thank Douglas County District Court reporter Julie Hurley for her assistance in tracking down several court transcripts. As often as possible, I leaned upon court documents and other public records to recreate key dates and the sequence of events in this sad 2006 Nebraska murder case that remains a lively topic of conversation to this day.

A number of quotes in this book came from the various Nebraska media outlets referenced above. I also consulted with several articles written by the UNO Gateway and the Omaha World-Herald , including a few articles I wrote about this case during 2009 and 2012. As often as possible, I cited the respective news outlet that gathered the information. As part of my research in writing this book, I also had access to countless crime-scene photographs, hundreds of pages of court records, and Douglas County CSI forensic reports. Please be sure to read the Epilogue for this book. Its where I explain in great detail where my interest came in choosing to write this book in the manner that Ive chosen. And its also where you will read my direct challenge to Christopher Edwards.

BODY OF PROOF: TAINTED EVIDENCE IN THE MURDER OF JESSICA OGRADY? is dedicated to three outstanding people who continue to have a major influence on my life, ambitions, and dreams.

To my parents, retired school teachers John and Cathy Ferak of Plainfield, Illinois. Thank you for setting a wonderful example. And to my only brother, Paul, a highly regarded lawyer in Chicago. I am eternally grateful for your talents and efforts to promote and market my book endeavors. Our friendship is strong and lasting.

In battle, the United States Marine Corps is known as the tip of the spear. In a criminal investigation, akin to battle, the work of the first responders, detectives, and crime scene investigators is only the beginning of the process; however, their work is crucial to a successful outcome. The identification and arrest of a suspect is not the conclusion of the investigation, but the initiation of an equally vital chapter, the prosecution. Dave Kofoed, Forensic Investigation: From Crime Scene to Court Room, a state of Nebraska law enforcement seminar, Aug. 21-22, 2008

Chapter 1

It was quite late, well past 11p.m., when Jessica OGrady put the keys in her gray Hyundai Accent that she called Francine and drove off into the night from her apartment complex in Omaha, Nebraska.

The contents of her car depicted this dreamy college girls life. She had an empty Mountain Dew bottle on the floor. Her college notebooks and a red-and-blue softball mitt were tossed on the seats.

Jessica, age 19, possessed a lot of redeeming qualities. She was cute, charismatic, and kind-hearted. Her wide-eyed charming smile and pretty hazel eyes made her a natural catch for guys. She stood about five foot nine. She had long, straight hair. Like a lot of teenage girls, Jessica was fond of tanning. She was a regular visitor to the Ashley Lynn tanning salon in Omaha.

Thanks to her fun-loving personality, Jessica had a lot of close friends. She giggled a lot. She also had a soft spot for animals. Her pet cat meant the world to her. Jessica always made sure Zoe had ample food and water.

Jessica helped coach one of her little nieces softball teams. The team of 7-year-olds was sure to smile whenever Jessica arrived at their practices and games. Jessica was their role model. She could do no wrong, and no wrong could be done to her.

Jessica chose to stay close to home after graduating from Omahas Westside High School in 2004. From there, Jessica studied at the University of Nebraska at Omaha campus.

However, in the spring of 2006, she made up her mind not to return to the university for the coming fall semester of her third year. She was currently rethinking her college career plans and lifes ambitions while she took that semester off. She had most recently majored in education.