COUNTY COURT OF THE STATE OF NEW YORK

COUNTY OF OSWEGO: CRIMINAL TERM

THE PEOPLE OF THE STATE OF NEW YORK
Respondent,
SUPPLEMENTAL AFFIRMATION # 1
-vs- TN SUPPORT OF DEFENDANTS
MOTION TO VACATE CONVICTION
GARY J. THIBODEAU, Indictment No. 94-161
Defendant-Petitioner.
STATE OF NEW YORK
)
COUNTY OF ONONDAGA) SS.:
RANDI JUDA BIANCO, attorney for the defendant herein, being admitted to practice
before the Courts of this State, with offices located at 4 Clinton Square,
3rd
Floor, Syracuse, New
York, 13202, affirms the following under the penalties of perjury this supplemental affirmation
in support of defendants motion to vacate his conviction:
1. On July 30, 2014, the defense moved pursuant to Article 440.10(1)(b), (g), and (h)
to vacate the judgment of conviction against Gary Thibodeau for Kidnapping in the First Degree,
in violation of New York State Penal Law

135.25, which was entered on the

7th
day of August,
1995.
2. Since the date of the original filing, additional witnesses have come forward,
compelling defendant to supplement his original motion. The averments herein are made upon
information and belief based on a thorough examination of the court records in this case, an
1
independent investigation, interviews with witnesses, the attached exhibits, and a memorandum
of law, which was previously filed and made a part hereof
A. Intentionally Withholding Brady Information concerning Eyewitness Observations.
3. On August 16, 2014, Darlene Upcraft contacted the defense after hearing recent
news media accounts regarding the disappearance of Heidi Allen. She was confident that she
had seen a rusty white van parked outside of the D&W on her way to church Easter morning (the
date of Allens abduction), but the Sheriffs investigator repeatedly asked her whether it was
black and white. She maintained that there was no black on it.
4. Ms. Upcraft had originally provided the Oswego County Sherriffs with this
critical information within days of Heidi Allens disappearance. This information was withheld
from the defense. Specifically, Ms. Upcraft informed the Oswego County Sherriffs Department
of her observations at the D&W convenience store on the morning Heidi Allen disappeared. Ms.
Upcraft affirmed the following on August 18, 2014:
I recently returned home from a trip to Alaska and I read about the developments in
the Heidi Allen case. I have always been bothered by the case because I drove by the
D&W Easter morning in 1994 and I saw a white very rusty van parked perpendicular
to the store.
I was driving to the Sunrise Service in New Haven around 6:35 AM or thereabouts
when I passed the D&W on the left side of the road. I noticed the store was open and
I was surprised. When I looked over, I saw a white very rusty van. It did not have
any black on it and the front of the van was facing the front door to the store. I
figured my son would want to stop on the way back for a Mountain Dew.
We left Church at approximately 7:30 AM and we drove past the D&W. I did not
notice anything and we never stopped. Later that morning, I learned Heidi Allen was
missing from the store and there was a command center set up at the fire barn. A
couple days later, I made a statement to the police and I told them that I saw a white
rusty van parked perpendicular to the store on my way to Church. Several days later,
I received a call from a law enforcement officer who asked me to clarify what I saw
in regard to the white van.
Before I had a chance to call the officer back, a deputy came to my house and asked
me again if it was a black and white van. I told him it was white, rusty, not black. He
2
asked me if I was sure it wasnt black and white and I told him it did not have any
black on it.
After I saw the Thibodeau van, I understood why they kept asking me if the van was
black and white. The Thibodeau van was not the van I saw. I dont recall ever being
asked to sign a statement.
Exhibit BB.
5. Although Ms. Upcraft gave the Oswego County Sherriffs Department detailed
information concerning her observations of a rusty white van parked in front of the D&W, and
the fact that it did not match the van owned by Richard Thibodeau, this information was
intentionally withheld from the defense in violation of Brady v. Maryland.
6. The defense was not provided with a detailed account of Ms. Upcrafts
observations, but rather, at the time of trial the defense was provided with an incomplete
sanitized version of Ms. Upcrafls observations. In the lead sheet provided to the defense, there
is absolutely no mention of her seeing any van; no description of any vehicles parked facing the
front door of the D & W; and no mention of the fact that the van she did observe was not Richard
Thibodeaus van.
7. The lead sheet the defense was provided simply stated that Ms. Upcraft drove past
the D&W at 6:35 a.m. on her way to church and the store was open. On her way back from
church at 7:31 a.m. she didnt remember seeing anything. [Exhibit CC).
8. The intentional omission was exacerbated by the Oswego County Sheriffs
Department in their effort to have Upcraft identify Richard Thibodeaus van by repeatedly
asking her whether the van was black and white. She maintained that the van she saw was white
and rusty, and the lead sheet did not reflect her observation, but rather was sanitized by
completely omitting the most critical detail. Had counsel known about the observations of Ms.
Upcrafi, a reasonable possibility exists that the verdict would have been different.
3
B. Intentionally Withholding Brady Material from a Suspects Wife
9. As previously alleged in defendants original affirmation, Roger Breckenridge
was a suspect in Heidi Allens disappearance, along with James Steen and Michael Bohrer.
Breckenridge was also allegedly involved in junking the van used in Ms. Allens abduction.
10. At the time of the initial investigation, members of the Oswego County Sherriffs
Office and District Attorneys Office repeatedly interviewed Roger Breckenridges estranged
wife, Tracey Breckenridge. They ultimately took a statement from her before Gary Thibodeau s
trial. [See Exhibit DD]. This statement was never disclosed to the defense as required under the
mandates of Brady v. Maryland.
11. Tracey Breckenridge stated that on the day of Heidi Allens disappearance, Roger
Breckenridge left the house in the morning, but she did not recall the time, and he did not return
until dinner time. Ms. Breckenridge recalled having Easter dinner with Roger at their home the
day Heidi Allen disappeared which is contrary to what Jennifer Wescott told Deputy Investigator
James Pietroski. In her effort to provide an alibi for Roger Breckenridge, Wescott said that she
saw Roger on that Easter Sunday because he came over and had dinner with her and her family.
[See Exhibit E at 20]. Wescott explained that she remembers because it was their first holiday
together.
12. Ms. Breckenridge also recalled a conversation between Roger Breckenridge and
Thumper (James Steen), during which Roger said he did not want anything to do with the van.
At some point during or after their conversation, Ms. Breckenridge left the house and when she
returned home Roger Breckenridge was gone. She remembered thinking, oh God, did he go
with Thumper to get rid of the van?
4
13. Tracey Breckenridge was interviewed by both the District Attorneys Office and
the Oswego County Sheriffs Department and provided a written statement that was never made
known to the defense. Ms. Breckenridges information concerning the Allen case was obviously
relevant or she would not have been repeatedly interviewed. As Ms. Breckenridge stated [t]hey
were out at our house so many times it was unreal. [Exhibit DD].
14. Had counsel been made aware of the information concerning the other suspects,
the fact that Roger Breckenridge had no alibi on the morning of Allens disappearance, and the
conversations between Roger Breckenridge and James Steen about the van, defense counsel
could have undermined the prosecutions case.
15. The defense submits that the prosecution and/or their agents withheld exculpatory
and impeachment material pursuant to Brady v. Maryland, 373 U.S. 83 (1963), in violation of
Art. I,

6 of the New York State Constitution and the fifth and fourteenth Amendments of the
United States Constitution. Defendant contends that had the information been disclosed, a
reasonable possibility exists that the verdict would have been different.
C. Newly Discovered Evidence Consisting of Admissions Surrounding the Crushing of
the Van Used in the Abduction of Heidi Allen.
16. On August 20, 2014, Linda McKie and Clifford McKie provided information to
the defense regarding the destruction of the van used to abduct Heidi Allen. Specifically, Mr.
and Mrs. McKie stated that they met an individual name Ed Lewis in 2006. He worked for
Richard Murtaugh driving crushed vehicles. On approximately five occasions, he specifically
told them that he drove a load of crushed cars to Canada and he was sure Heidi Allen was in
those cars. [See Exhibits EE & Ff].
17. Most recently, Amanda Braley, a prior friend and acquaintance of Steen, Wescott
and Breckenridge, stated that there were multiple conversations between Steen, Breckenridge
5
and Wescott when they discussed scrapping the van used in the abduction of Heidi Allen. [See
Exhibit RH]. In particular Braley recalls one instance when she was at Jennifer Wescotts
parents house on County Route 38 in Hastings and the topic of Heidi Allen was brought up.
Wescott and Breckenridge began to laugh and Breckenridge stated, we took that bitch to the
scrap yard in the van, had it crushed and she was shipped to Canada. Shes long gone now. He
swung his hand up and pointed his finger in the northern direction of the sky and said, see-ya
bye. Breckenridge laughed and Wescott slapped him on his shoulder and said, Roger, you
cant be saying that shit. He responded with what len? That shit is done and over with, and
besides nobody is ever going to find her. Roger proceeded to laugh and Jen shook her head and
rolled her eyes and said, whatever Roger. [See Exhibit RH].
18. Braley also stated that sometime in 2006, Tonya Priest asked her to walk with her
in the woods to try and find a cabin where she said Steen told her Heidi Allen was buried.
Braley confirmed that they never found a cabin or Heidi Allens remains.
19. This information is significant as it corroborates the information provided by
other witnesses. Specifically, it corroborates the statement made by Joseph Mannino, see Exhibit
T, whereby James Steen admitted to Mannino that he took the van used to abduct Heidi Allen to
Canada and had it scrapped. It further corroborates information contained in the police recorded
conversations between Jennifer Wescott and Tonya Priest, see Exhibit C, whereby Wescott
admitted to helping Roger Breckenridge junk the van used to abduct Heidi Allen.
20. On March 7, 2013, Wescott admitted sending a text message to Richard
Murtaugh, the owner of the junkyard, immediately before going in for her police interview. This
is significant because Priest never mentioned where the van was junked during their monitored
phone conversation. Notwithstanding, Wescott was evidently compelled to send a text message
6
to Murtaugh before being questioned by Investigator Pietroski. Interestingly, it was not until
Investigator Pietroski asked for her consent to go through her phone that Wescott stated,
Whatever. . . because I even text Rich Murtaugh today about it. Because supposedly Tonya
said the van was junked there. So I asked Rich Murtaugh, [d]id Thumper have anything to do
with messing with Heidi Allen? And he said whos this with some question marks and I said
len. [See Exhibit E, Transcript of Police Interview of Wescott at 19]. Later on during the
interview, Pietroski followed up with Wescott concerning her contact with Murtaugh when he
asked, [s]o you called the guy at the junkyard and asked him about it? To which Wescott
responded, I actually sent him a text this morning asking him if he knew anything about Roger,
Thumper, Mike Bohrer and Heidi Allen. Contrary to her earlier claim when she suggested
Tonya told her the van was junked there, she stated, that is where Roger worked. Thats why I
texted him. [See Exhibit E at 24]. Wescott stated that after she questioned Murtaugh about
Heidi Allen, he sent her a question mark asking who she was and Wescott decided not to respond
and told Pietroski, because I was like alright if he doesnt have my number then obviously we
dont need to talk. [Exhibit E at 24].
21. Priest never mentioned Rich Murtaugh to Wescott and the information regarding
the van being junked came solely from Wescott. In the detailed statement provided by Priest
concerning Steens admissions, she never once mentioned anything about junking the van. Had
that information been revealed to Priest by Steen, she would have undoubtedly shared it with law
enforcement when she initially came forward. In fact, on february 25, 2013 during a monitored
and recorded phone interview with Investigator Pietroski and District Attorney Greg Oakes,
Priest told them she was 99% sure the van used to abduct Allen belonged to Bobrer and was sold
to a John Collins. She believed the van could still be on the property of Collins. [See Exhibit II]
7
Priest was not aware of the van being junked until March 1, 2013 when Wescott told her she was
involved in scrapping the van. [See Exhibit 3]
22. That admission was volunteered by Wescott during her initial phone conversation
with Priest before the monitored recorded call on March 3, 2013. [See Exhibit B
p.
9 & 10].
Once Wescott admitted to Priest during their private conversation that she knew she helped scrap
the van with Roger, Priest brought it up during the recorded phone conversation in an effort to
capture her admission on tape. Specifically, Priest stated, Thats what he had told me and I
mean as long as thats all you know and everything then the only thing they said you did was
junk the van with Roger then I really wouldnt worry about anything. I mean you really had no
part of it - its kind of sad that it even happened. Is that why you guys went to Florida? To
which Wescott replied, Uh huh. Priest never mentioned Murtaughs name or business during
their conversation. Murtaugh s name was revealed for the first time during Wescott s interview
with Investigator Pietroski. [See Exhibit C and Cl at
p.
3 & 4]
23. The information implicating Murtaugh only came through Wescott and without
question demonstrates her direct knowledge and involvement in the destruction of the van that
contained Heidi Allen.
D. A Juror Has Come Forward Stating that the New Evidence Causes Her to Believe
that the Wrong Person Was Convicted.
24. On August 21, 2014, ajuror for Gary Thibodeaus trial executed a sworn
affidavit, in which she stated, I am very upset to learn that we were not provided all of the facts
during the trial. In particular the fact that Heidi Allen was a drug informant and the Deputy
dropped an index card disclosing the fact she was an informant, would have been critical during
our deliberations. This information alone would have definitely widened the scope of possible
suspects and made a difference in my decision. In addition, the juror listened to the recorded
$
phone conversation between Tonya Priest and Jennifer Wescott and she is now convinced of his
actual innocence and believes he should be released immediately. [See Exhibit GGI.
25. The defense recognizes that statements by jurors may not be used to impeach a
verdict once the jury has been discharged. (See People v. Jacobson, 109 Misc. 2d 204, 205, 440
N.Y.S.2d 458, 460 (Sup. Ct. 1981) affd 89 A.D.2d 826, (1982). Here the affidavit by the juror
is submitted solely as it relates to whether the evidence establishes a reasonable possibility that
it would have changed the result of the proceedings as stated in People v. Vilardi, 76 NY2d 67
(1990).
WHEREFORE, for these reasons stated herein and in the annexed affidavits, exhibits,
and the legal basis outlined in the accompanying Memorandum of Law, this Court is urged to
reverse Gary Thibodeaus conviction.
Dated: Syracuse, New York /
August 26, 2014
________________________________
Randi Juda Bianco, Esq.
9
People v. Gary I Thibodeau
Indictment No. 94-16 1
EXHIBIT INDEX
Ki
2/28/13 TONYA PRIEST AFFIDAVIT
3/1/13 TONYA PRIEST STATEMENT
RECORDED PRIEST-WESCOTT TELEPHONE CONVERSATION
TRANSCRIPTS PRIEST-WESCOTT
RECORDED JENN[FER WESCOTT INTERVIEW
TRANSCRIPT JENNIFER WESCOTT INTERVIEW
3/7/13 JENNIFER WESTCOTT POLICE STATEMENT
MICHAEL BOHRER INTERVIEW AUDIO
MICHAEL BOURER INTERVIEW TRANSCRIPT
3/15/13 JAMES STEEN AFFIDAVIT
5/2/13 MEGAN SHAW AFFIDAVIT
6/6/13 LETTER FROM GREGORY OAKES TO RANDI BIANCO
7/28/13 CARL ROBINSON AFFIDAVIT
FIRST ROBNSON-WESTCOTT FACEBOOK CONVERSATION
JULY 27TH FACEBOOK ROBINSON FACEBOOK
4/27/94 SERGEANT LORTIE REPORT
12/8/94 DEPUTY VAN PATTEN REPORT
12/8/94 DEPUTY MONTGOMERY REPORT
5/16/95 KLEIST REPORT
7/28/14 JOSEPH FAHEY AFFIDAVIT
7/30/14 JOSEPH FAHEY AFFIDAVIT (FILED AS
4/14/94 DEPUTY WHEELER REPORT
4/14/94 POLICE NOTES
7/25/14 DANIELLE BABCOCK STATEMENT
7/28/14 JOSEPH MENNINO STATEMENT
7/29/14 DEBORAH VECCHIO AFFIDAVIT
7/28/14 TONYA PRIEST AFFIDAVIT
THIBODEAU POLYGRAPH EXAMINATION
12/21/1994 LETTER FROM DODD TO FAHEY
RICHARD HAUMANN AFFIDAVIT
TYLER HAYES AFFIDAVIT
I 3/19/13 BRECKENRIDGE STATEMENT (FILED AS SUPPLEMENT)
8/18/14 DARLENE UPCRAFT AFFIDAVIT
4/2/94 LEAD SHEET - UPCRAFT
8/21/14 TRACY BRECKENRIDGE AFFIDAVIT
8/20/14 LINDA MCKIE AFFIDAVIT
8/20/14 CLIFFORD MCKIE AFFIDAVIT
8/22/14 ELIZABETH HEAD AFFIDAVIT
8/25/14 AMANDA BRALEY AFFIDAVIT
2/25/13 RECORDED PHONE CONVERSATION BETWEEN DA OAKES,
NV. PIETROSKI & TONYA PRIEST
SUPPLEMENT)
BR
EXHIBIT BE
COUNTY COURT Of THE STATE OF NEW YORK
COUNTY OF OSWEGO: CRIMINAL TERM
PEOPLE OF THE STATE OF NEW YORK,
Respondent,
-against-
GARY THIBODEAU,
Defendant-Petitioner.
AFFIDAVIT
INDICTMENT #94-161
STATE OF NEW YORK)
COUNTY OF OSWEGO) SS.:
I, Darlene Upcrafi, being duly sworn, depose and state:
1. I recently returned home from a trip to Alaska and I read about the developments
in the Heidi Allen case. I have always been bothered by the case because I drove by the D&W
Easter morning in 1994 and I saw a white very rusty van parked perpendicular to the store.
2. I was driving to the Sunrise Service in New Haven around 6:35 AM or
thereabouts when I passed the D&W on the left side of the road. I noticed the store was open
and I was surprised. When I looked over, I saw a white very rusty van. It did not have any black
on it and the front of the van was facing the front door to the store. I figured my son would want
to stop on the way back for a Mountain Dew.
3. We left Church at approximately 7:30 AM and we drove past the D&W. I did not
notice anything and we never stopped. Later that morning, I learned Heidi Mien was missing
from the store and there was a command center set up at the fire barn. A couple days later, I
made a statement to the police and I told them that I saw a white rusty van parked perpendicular
to the store on my way to Church.
4. Several days later, I received a call from a law enforcement officer who asked me
to clarify what I saw in regard to the white van.
5. Before I had a chance to call the officer back, a deputy came to my house and
asked me again if it was a black and white van. I told him it was white, rusty, no black. He asked
me if I was sure it wasnt black and white and I told him it did not have any black on it.
6. Afler I saw the Thibodeau van, I understood why they kept asking me if the van
was black and white. The Thibodeau van was not the van I saw. I dont recall ever being asked
to sign a statement.
cuLL . U.gc
Dalene Upcraft
1
Sworn to me this
jjcyof August 2014.
Notary Public
USA A. PEOSLES -
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RE (Case facts)

LEAD SHEET
Person reporting information:
NAME:
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P4
ADDRESS:______________________________
PHONE: (home)
3?//
(Work_________________________
Where dCcl you see victim?
__________________________________________
When did you see victim?
C Date & time)
_____________________________
Was victim alone?_______ If with someone, do you know other
person?________ Can you describe other person?___________________
Direction and mode of travel? fie. walking, riding, driving)
I C in vehicle, can you describe vehicle?
What was the victim wearing?_________________________________________
Did you make personal contact with victim?_______________________
f so, what was content of conversation, if any?________________
What was victim doing when seen?________________________________
Were you alone when you saw victim?_____ If not., please tell US
who was with you_________________________________________________
you know victim personally, or did you identify from his/her
s cr Pt ion?___________________________________________
v other information you can provide us with?__________________
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PEOPLE OF THE STATE OF NEW YORK,
Respondent,
-against-
GARY THIBODEAU,
Defendant-Appellant.
STATE OF NEW YORK)
COUNTY OF OSWEGO) 5$.:
1, Tracey Breckenridge, being duly sworn, deposes and states as follows:
1. At the time Heidi Allen disappeared in 1994 I was married to Roger Breckenridge
and we lived together on Kenyon Road, not far from Gary Thibodeau. Roger left
our house that Easter morning, although I am not sure about the time, it could have
been between 8:00 and 9:00 AM. He went to his brothers house in Parish for
coffee.
2. Roger returned later that day for supper.
3. I recalled a conversation between Roger and Thumper during which Roger said he
did not want anything to do with the van. At some point during or after their
conversation, I left the house and when I returned home Roger was gone. I thought,
oh God, did he go with Thumper to get rid of the van?
4. Roger and I separated sometime in 1994, after Heidi Allen disappeared, Roger did
go to Florida with Jen, but I do not recall when they went.
5. Every time I turned around I was getting pulled over in Mexico and I was repeatedly
asked to provide more information about the Heidi Allen case and I was fed up with
Donald Dodd. I gave him a written statement 20 years ago and I recently gave
another statement to investigators. They were out at our house so many times it was
unreal.
Sworn to before me this
j.day of August 2014
Ftentdiflo0
.
Not2IS1&f NY
Appointed In OnondagaCo
Reg#01SA5070697
My CommIeson Expires 1243.4g.
COUNTY COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO: CRIMINAL TERM
AFFIDAVIT
INDICTMENT #94-161
Tracey
EXHIBIT EE
COUNTY COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO: CRIMINAL TERM
PEOPLE OF THE STATE OF NEW YORK,
Respondent,
-against-
GARY THIBODEAU,
Defendant-Appellant.
AFFIDAVIT
INDICTMENT #94-161
STATE OF NEW YORK)
COUNTY OF OSWEGO) $5.:
I Linda McKie, being duly sworn depose and state as follows:
J.iIt
qii.n+h
45O 5
.
1. I was recently contacted by a friend of mine who I told severpl yar&ago about a man
telling my husband and I that he drove crushed vehicles to Canada and he was sure Heidi
Allen was in one of the loads. My friend directed me to the recent media accounts about
a van used in the abduction of Heidi Allen being crushed and shipped to Canada. I was
alarmed and very upset because neither my husband nor I ever said anything to the police
because we did not know whether to believe him.
2. These statements were made by Ed Lewis, an individual we met in 2006 and we started
socializing with him regularly for about a year. He told us that he worked for Richard
Murtaugh driving crushed vehicles. I do not know whether he worked full time for
Murtaugh or periodically because we never asked him. On approximately five occasions
he specifically told us that he drove a load of crushed cars to Canada and he was sure
Heidi Allen was in those cars. He was very serious when he made these statements to my
husband and I and we feel terrible that we never said anything.
Linda cKie
Sworn to before me this
,,?t day of August, 2014
Notary Public
LISA A. PEOELES
Notary
Pubto, State t tew York
Quatfd in
Onondaga County
[cg.
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Expires Dec. 13, 20_
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COUNTY COURT Of THE STATE OF NEW YORK
COUNTY OF OSWEGO: CRIMiNAL TERM
PEOPLE OF THE STATE OF NEW YORK,
Respondent,
-against-
GARY THIBODEAU,
Defendant-Appellant.
AFFIDAVIT
INDICTMENT #94-16 1
STATE OF NEW YORK)
COUNTY OF OSWEGO) 5$.:
I Clifford McKie, being duly sworn depose and state as follows:
1. My wife and I recently heard about new evidence surfacing in the Heidi Allen case and
we were concerned when we realized there was information that a van used in the
abduction of Heidi Allen may have been crushed and sent to Canada. This information
was consistent with admissions made by a man we befriended several years ago.
2. These statements were made by Ed Lewis, an individual we met in 2006 and we started
socializing with him regularly for about a year. He told us that he worked for Richard
Murtaugh driving crushed vehicles. We do not know whether he worked full time for
Murtaugh or periodically because we never asked him. On approximately five occasions
he specifically told us that he drove a load of crushed cars to Canada and he was sure
Heidi Allen was in those cars. He was very serious when he made these statements to my
wife and I, and we feel terrible that we never said anything.
Clifford McKie
Sworn to before me this
,70.C
day of August, 2014
Notary Public
USA A. PEBBLES
Notaiy Pubc. State of New Yoric
Onalified in Onandaga County
Beg.
102PE5021 239
LyCarnmiSSiOll
Expires Dec. 13,20
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COUNTY COURT OF THE STATE Of NEW YORK
COUNTY OF OSWEGO: CRIMiNAL TERM
PEOPLE OF THE STATE Of NEW YORK,
Respondent,
-against-
GARY THIBODEAU,
Defendant-Petitioner.
AFFIDAVIT
INDICTMENT #94-161
STATE Of NEW YORK)
COUNTY Of OSWEGO) SS.:
I, Elizabeth Head, being duly sworn, depose and state:
1. I sat as Juror #3 in the Gary Thibodeau trial in 1995 and after sending out 15 notes and
deliberating for approximately four hours we returned a verdict of guilty against Mr. Thibodeau
for first-degree kidnapping.
2. I have always been bothered by our decision because we were never certain he was guilty and
there really wasnt much to go on because there was no hard evidence. We kind of felt like there
had to be something or they wouldnt have gotten that far.
3. Recently, I learned about several potential suspects who may have been the actual perpetrators of
Heidi Allens abduction and I am haunted by the thought we may have been responsible for
sending an innocent man to prison. I am very upset to learn that we were not provided all of the
facts during the trial. In particular the fact that Heidi Allen was a drug informant and the Deputy
i) dropped an index card disclosing the fact she was an informant1in-the very paikig lt in vhih
V
h have been critical during our deliberations. This
information alone would have definitely widened the scope of possible suspects and made a
difference in my decision.
4. After listening to the phone conversation between Tonya Priest and Jennifer Wescott, I was more
convinced that Gary Thibodeau was wrongly convicted and I believe he should be released
immediately.
Ebeth Head
Sworn to me this
qAA
_____
day of August 2014.
USA A. PEPDLF
Notary Pubrc, $tate of Nw Yor1
Qualified In Onondaga County
Notary Public Reg. 102PE5021239
ty Commission Expires Dec. 13,
204(1
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COUNTY COURT Of THE STATE Of NEW YORK
COUNTY Of OSWEGO: CRIMINAL TERM
PEOPLE Of THE STATE OF NEW YORK,
Petitioner,
-against-
GARY THIBODEAU,
Respondent.
AFFIDAVIT
INDICTMENT #94-1
STATE Of NEW YORK
COUNTY OF OSWEGO SS.:
I, Amanda Braley, being duly sworn depose and state as follows:
Between 2000 and 2006, I hung out with, among others, Jennifer Wescoff, James
Steen (Thumper), Roger Breckenridge and Tonya Priest. There were multiple
conversations between Steen, Breckenfidge and Wescott when they discussed
scrapping the van used in the abduction of Heidi Allen.
2. I specifically recall admissions made by Steen and Breckenridge regarding the
crushing of the van at Murtaughs junk yard and then transporting it to Canada. I
heard them say her body was still in the van and she would never be found. I
remember len Wescott laughing about it when they would make these statements
and I heard Jen talk about driving the van to Murtaughs.
3. In 2003, there were five or six people, including myself and we were standing on
the back/side deck of Jennifer Wescotts parents house on County Route 3$ in
Hastings. We were just hanging out having a conversation and, although I do not
recall how, the topic of Heidi Mien came up. Someone mentioned her name and
Jen and Roger just laughed. Roger then stated, we took that bitch to the scrap
yard in the van, had it crushed and she was shipped to Canada. Shes long gone
now. He swung his hand up and pointed his finger in the northern direction of
the sky and said, see-ya-bye. He laughed and Jen slapped him on his shoulder
and said, Roger, you cant be saying that shit. He responded with what Jen?
That shit is done and over with, and besides nobody is ever going to find her.
Roger proceeded to laugh and Jen shook her head and rolled her eyes and said,
whatever Roger.
4. Sometime in 2006, Tonya Priest asked me to walk with her in the woods to try
and find a cabin where she said Steen told her Heidi Allen was buried. We never
found a cabin or Heidi Allens remains.
5. I never came forward because I feared for my safety but I have always believed
their claims and admissions.
Sworn to me before me this
5fday of August, 2014.
Notary Public
RICHARD L. HAUMANN
Notary
PibLc in the State of New York
Qualifi8d ia Onon. Co. No. Oifl.k6O2683l
My
Comm.
Expiree June 1 Z5
I I L I 9 I H X !