OFFICE OF THE FEDERAL PUBLIC DEFENDERNORTHERN DISTRICT OF NEW YORK

Albany Office Syracuse Office39 NORTH PEARL ST. 4 CLINTON SQUARE5’ FLOOR 3 FLOORALBANY, NY 12207 SYRACUSE, NY 13202(518) 436-1850 (315) 701-0080(518) 436-1780 FAX (315) 701-0081 FAX

Lisa Peeblesfederal Public Defender

RESPOND TO SYRACUSEOFFICE

September 2, 2015VIA FAX — 376-1656

Hon. Daniel KingActing Oswego County Court JudgeLewis County Courthouse7660 State StreetLowville, NY 13367

RE: PEOPLE V. GARY THIBODEAUINDICTMENT NUMBER 94-161

Dear Judge King:

I am writing to respectfully request permission to call Melissa Searles, a cousin of HeidiAllen, as a witness to testify about a bracelet she gave Allen prior to her abduction whicheventually wound up in her mailbox 10 years after Allen was kidnapped. Although Ms. Searlesmet with defense counsel on several occasions and provided these details to defense counsel, sheis a reluctant witness and would require a subpoena to testify. Enclosed is a detailed affidavitexecuted by defense counsel setting forth the anticipated testimony of Searles.

Please let me know if you have any questions.

Respectfully submitted,OFFICE OF THE FEDERAL PUBLIC DEFENDER

By: Lisa Peebles, Esq.Federal Public Defender

LAP: vib

cc: Gregory Oakes, Oswego County District Attorney SEP— 2 2015Oswego County Court Clerk’s Office

Gary ThibodeauCOURT CL

JFCLJ

COUNTY COURT OF THE STATE OF NEW YORKCOUNTY 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 ONONDAGA) SS.:

I, Lisa Peebles, being duly sworn, depose and state:

1. On or about July, 24, 2015, Melissa Searles, Heidi Allen’s cousin, contacted me after readinga defense motion dated, July 17, 2015, that was filed with the court. This defense motionincluded handwritten notes of Michael Bohrer that referenced Heidi Allen hiding a bracelet inthe seat of the vehicle she was abducted in)

2. Michael Bohrer’s reference to this bracelet was significant because Melissa Searles had givena gold bracelet to Heidi Allen that was engraved with Allen’s name and “love missy”2 on thebackside of the bracelet.

3. Melissa Searles recalled in April, 1994, Bohrer was hanging out at the bar where her sister,Shaughnessy Searles had bartended shortly after Allen was abducted. On one occasionBohrer approached Searles and her sister to ask about the case.3 Shaughnessy Searles waskilled in a motorcycle accident after Allen’s abduction not long after her encounter withBohrer.

4. Melissa Searles recalled that Michael Bohrer was present when she had conversations withher sister and when she was discussing the bracelet she had given to Allen. Theseconversations included Melissa Searles questioning whether Allen was wearing the braceletshe had given her on the day she was abducted.

5. When Melissa Searles contacted me, she informed me that she discovered a white envelopecontaining this bracelet in her mailbox some 10 years after Allen was abducted. Melissa

See attached Exhibit 53 Bohrer’s handwritten notes. (Tr. 485)2

Searles nickname is “Missy.”

Bohrer testified at the post-conviction hearing that Allen’s cousin and a “friend” approached him in a publicparking lot and “came forward to him” to feed him information because they were directed to him. (625, 628)Bohrer testified this encounter occurred at Spinner’s or Beck’s the Wednesday following Allen’s abduction. (628)

Searles never notified law enforcement of this incident and she has never tatked to anyoneelse about this matter.

6. On March 21, 2013, Michael Bohrer was interviewed by Oswego County Sheriff InvestigatorsPietroski and Johnson and he suggested that Gary and Sharon Thibodeau had mailed jewelryto Allen or Sharon’s parents to get a reaction out of them.4

7. On July 28, 2015, I met with Melissa Searles and personally saw the bracelet andphotographed the bracelet, a copy of which is attached to this affidavit.

Lisa A. PeeblesSworn to me this

Q1day of September 2015.

Notary lic

VALARIE L. BRUNINotary Public in the State of New York

Qualified in Onon. Co. No. 4858E313My Commission Expires 5I19IJ_

Gary Thibodeau has been incarcerated since June. 1995 and Sharon Thibodeau died in 1997.

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Michael Bohrer - Direct 485

A.

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all do

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name

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either

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now.

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patti

I’m --

Q.

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marked

document?

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I guess the Lortie family?

Very good, Mr. Bohrer. She related to the Halls at

you know? Is she married to any of the Halls?

I don’t remember. I thought Lottie is her married

Okay, do you know what her maiden name is?

I have to assume now it was Hall?

Well, I don’t want you to assume anything. You

know or your don’t.

I -- I didn’t until now or I didn’t remember until

I’m sure I heard of it.

And you -- you consulted with her for what

A. She was interested in the Heidi Allen case. She had

visions. She had an idea, you know. She had a story and

Mr. Bohrer, I’m going to --

-- listening to stories.

I’m going to approach and hand you what’s been

as Defendant’s Exhibit 53. Do you recognize that

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A. It’s my handwriting.

Q. It is your handwriting isn’t it?

A. Yeah. These are just notes to try to sort things

Jennifer AdydanOfficial Court Reporter

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