TRANSCRIPT OF JUNE 20 CHAT

Chat Moderator: Welcome to the TNT chat room! Welcome to a TNT chat about the Beverly Monroe case with guests Katie Monroe, the daughter of the convicted, and the TNT legal team of Jeralyn Merritt and Charles Stone.

Chat Moderator: What is the current status of your mother's case?

Katie Monroe: We are presently in the process of a federal habeas corpus appeal.

Chat Moderator: How important is a polygraph test to a case?

Jeralyn Merritt: Polygraphs are not particularly important to a legal case because they are not admissible into evidence.

Charlie Stone: Whether or not they are admissible as evidence, law enforcement throughout the country uses polygraphs to rule out or possibly target suspects.

Katie Monroe: We know that the investigation on Beverly, the focus on Beverly, occurred well before the polygraph examination. And, we have David Reilly's testimony that it was not the polygraph that caused him to suspect Beverly.

Question from Ladydee47: How is your Mother Holding Up under all of this?

Katie Monroe: She is terrific. She is firmly committed to being exonerated and she is confident that will happen, so she is doing very well.

Question from Libra: Could extreme emotional stress create inconsistencies in a polygraph?

Jeralyn Merritt: Yes. One of the things a polygraph measures is physiological responses, such as blood pressure, heart rate and emotional stress and emotional stress can affect the test.

Charlie Stone: Yes, and that is why they use it, because lying causes emotional stress, which is registered in the polygraph.

Katie Monroe: We have a tape recording of the polygraph examination of Beverly, and it is clear from that examination that she is emotionally overwrought throughout the course of it.

Question from The: Why did investigators focus on Beverly?

Katie Monroe: We don't know. It appears to have been a hunch on the part of David Reilly, at least in part.

Charlie Stone: Just from a prosecutor's stand point, Beverly should not automatically be ruled out as a suspect. There are reasons that investigators could have looked at her as a suspect, however. The real question is why did they look at her as the only suspect.

Jeralyn Merritt: The other issue is why did they focus on Beverly before knowing and, to this date, not being positive it was a murder as opposed to a suicide.

Katie Monroe: This is our problem with the case. That David Reilly made an unfounded assumption that the death was a homicide and that Beverly was responsible. He manufactured a case to fit that preconceived theory.

Question from Euphoria: Exactly what would it take for a new trial to be considered?

Katie Monroe: The most likely ruling is that the admissions that were used against Beverly at trial were not the product of her free will but were the product of David Reilly's unlawful influence.

Chat Moderator: Was the powder burn demonstration in the program (showing the burns could have resulted from suicide or homicide) performed in the courtroom for the jury?

Charlie Stone: I don't think they did the same test. In the courtroom they had a forensics person shoot the gun. I don't think they duplicated the powder test that would have resulted in powder burns on Roger's hands.

Question from Frank: How long has she been in prison? Katie Monroe: She has been in prison 4-1/2 years, plus another 6 months so a total of 5 years.

Question from Dhash: Was there any other forensic evidence at the scene?

Jeralyn Merritt: I don't believe there was any forensic evidence linked to Beverly. There was evidence that may have suggested that other persons were present, such as cigarette butts in the ash tray

Charlie Stone: We may never know what forensic evidence was present because the crime scene was not secured properly.

Katie Monroe: We know from photographs that there was blood spatter evidence that was not considered, we know from forensic reports that there was primer residue evidence that was ignored. And we also know that there were finger prints collected from the scene that were neither Roger's nor Beverlys, and to this day remain unidentified.

Jeralyn Merritt: In addition, they did not preserve the couch that Roger died on for testing. Nor did they preserve Roger's clothes for testing.

Question from Keith: Was there any signs of forced entry into the home?

Charlie Stone: It is unclear whether there is any evidence of forced entry, and Joe Hairfield, the caretaker, does not remember when he entered the house that morning and found Roger's body whether the doors were locked or unlocked.

Question from Empathetic: Why was the detective writing her statement for her?

Katie Monroe: The obvious answer is that Beverly did not agree with Reilly's scenario, and this was just part of his effort to convince her to sign an admission that he wanted to obtain.

Question from Doll Lady: Where is Beverly in her appeal process?

Katie Monroe: Beverly is asking a federal judge to throw out her conviction.

Host Moderator: Thank you Katie, Jeralyn and Charlie for joining us tonight.

Jeralyn Merritt: Thank you.

Katie Monroe: Good night.

Charlie Stone: Thanks for participating.

Chat Moderator: Welcome to a chat about the Dale Helmig case with guests Rich Helmig, the brother of the convicted, Rob Schollmeyer__2, prosecutor in the case and TNT legal team member, Jeralyn Merritt. Welcome Rich Helmig and Jeralyn Merritt.

Jeralyn Merritt: Hi.

Rich Helmig: Hello, thanks for joining us.

Question from Jack: Rich, do you have a theory about what happened to your mother?

Rich Helmig: I think it makes more sense for the authorities to have looked at my father in much greater detail because of the fact of the divorce, of everything my father stood to gain, life insurance, so on. I could have swallowed the fact that dad this had they pursused dad but I can't swallow the fact that Dale did this.

Question from TempleU CJMajor: Where were the character witnesses, the alibi witnesses, disovery motions?

Rich Helmig: As far as discovery motions go, our attorney filed several discovery motions before the trial and even during the trial. There were still pieces of evidence that was being withheld. They say they lost my mother's spleen. After the trial was over, we found out they didn't lose it, they had a document that showed test results on the spleen. After our appellate attorneys put pressure on the judge to find out what happened to the spleen, they said they didn't lose it, but the refrigerator broke down here in Osage county and they had to throw it out.That is an example of the motion discoveries that were filed, but we still did not get all the evidence.

As far as character witnesses and alibi witnesses, these people where available and willing to testify. Our attorney didn't see fit to call these people as witnesses.

Chat Moderator: Did Dale have a solid alibi? Did Fowler talk to the woman at Wal-Mart for example?

Jeralyn Merritt: Dale did have alibi witnesses available that would have placed him in Fulton until I believe 10 or 11 that evening. He ran into both a friend from high school who invited home for dinner with her and her husband, as well as the clerk from Walmart. The state argued that technically he had enough time, even after leaving Walmart to make it back and forth to Fulton, where motel records show that he spent the night. The problem of course is the bridge opening and closing and no one knowing when either would occur.

Question from Joanna: Rich, have you ever confronted your father?

Rich Helmig: I don't know if confronted it the word. I have asked dad if had anything to do with this, and he has in no way shape or form indicated to me that he has had anything to do with this. Now, you know your parents. And I know Dad very well. He has never showed one sign of any kind - at all - as any indicator that he has done anything that would throw up a red flag or indicate to me that he had anything to do with this. I think if he did do this, I just can't believe anybody could be that good.

Question from Joanna: Rich, are there any proceedings towards a new trial as yet?

Rich Helmig: Right now it is in the eastern appeals' district here in Missouri. It is finally out of the original judge's hands. This is the first time we have been able to get the case away from Judge Edwards. Our attorneys and the family feels very strongly that this might be our stage. The last argument which was approximately three weeks ago, it is before a 3-judge panel. The judges literally hammered the attorney general's office on things like asking her what about the motive, $219 phone bill. They also asked her about the statement that Tom Stoudt gave, sworn statement, that Dale showed up at his restaurant at 10:30 the next morning, after killing mom the night before. He shows up freshly dressed, well-groomed, ready to go to work, well-rested, and one of the jduges told the attorney general's office that this doesn't sound like someone who was up all night murdering his mother and then dumping her body in the river. So, at this point we are very optimistic.

Question from Frank: Where is the prosecutor?

Chat Moderator: Rob Schollmeyer, the prosecutor was invited to participate in this chat, but was unable to attend.

Question from Mgunter: Jeralyn, did you interview any of the townspeople to find their opinion of the prosecutor who was running for congress at the time of the trial?

Jeralyn Merritt: No.

Question from Joanna: Is there a way we can keep in touch and follow this case?

Jeralyn Merritt: One way to keep advised of the case would be if everyone would ask TNT to keep the Web site alive so updates could be posted on it.

Chat Moderator: Did Sheriff Fowler and Dale Helmig have a history of prior run-ins? Why was he so certain Dale was a suspect?

Rich Helmig: No, they didn't have any prior run-ins. They just butted heads from the beginning. They simply didn't hit it off at all. I just don't know any other way to describe it. The man just had it out for Dale. I would like to say for the record, while standing on the porch next to the gun rack, he said that "I knew your brother did this from the minute I walked down here." Now, this is on Saturday, the day before they found the body. At this point in time, they say they were not looking at a homicide. They were looking at a missing person situation.

Question from Cwilsons: Is he in good spirits? How is he handling this whole thing?

Rich Helmig: Dale is in excellent spirits. He is handling this very, very well. I couldn't imagine being under the same circumstances and doing a fraction as well. He has been very strong through this whole process. In case he gets to log on to this, I want to say we love you and we won't give up.

Question from Grinnbarrett: Was there a time of death able to be established?

Rich Helmig: None what so ever. The medical examiner could not determine the cause of death. It's kind of funny that you should ask that question Dale gave a five-page statement to the Sheriff's office. The only time Dale was where no one could vouch for him was from 10:30 p.m., when a pizza was delivered to him at the room in Fulton, and 10:30 the next morning, when he showed up at LaCosta restaurant -- when he showed up freshly groomed and ready to go to work. Now, they tried to say that mom died at a time when Dale had no one around him. They don't know when she died. So, how do they know she died during a time when Dale did not have anyone to vouch for where he was.

Question from Joe: I saw on the TNT site that you're connected to the Innocence Project. What is the Innocence Project?

Jeralyn Merritt: I am connected to the National Association of Criminal Defense Lawyers Innocence project. I co-chair that committee. It is a committee that works to establish necessary legislation for DNA testing and to make sure that every state has at least one law school with an Innocence Project to which people can apply for help if they believe they have been wrongfully convicted of a crime. It is a goal to establish a project in every state, but we hope to get there.

Chat Moderator: Thank you Rich Helmig and Jeralyn Merritt for joining the TNT chat room tonight. Do you have any final comments for our chat room audience?

Rich Helmig: I would just like to thank the folks for their input. I want to reiterate that the family feels Dale is an innocent man, and we will not give up until he is brought home.

Jeralyn Merritt: I would like to thank TNT for airing the stories of Dale Helmig and Beverly Monroe, and remind everyone that not every case has DNA evidence available to prove innocence. We must stay ever vigilant of our criminal justice system and never hesitate to speak up when we think an injustice has occurred.