On July 14th, 2004 William R. Dixon, a man with whom I was acquainted with for two weeks gave Tracy (my fiancée) and I, a ride from our home to the hospital in Ashland, Kentucky. Tracy was 2.5 months pregnant with our son, she had a scheduled appointment with her OBGYN doctor.
At approximately 8.30am Dixon dropped us off at the hospital, telling us he would return to take us back home.
After the visit to the hospital, Tracy and I went outside, expecting to see Dixon waiting for us. Dixon was nowhere to be found. We returned to the hospital and ate breakfast in the café, allowing Dixon some more time to arrive. We soon realised, we were stranded and began calling family members to come and pick us up.
Tracy called and spoke to her Uncle, James Hurst. He said, “I’m on my way to pick you up and take you home”. These calls can be verified through our telephone records.
At approximately 11am, Hurst arrived to collect us and take us home. During the journey home, we stopped at a Speedway Gas Station in Ashland where we purchased a carton of Winstons cigarettes and bottle of soda. We left Speedway and continued the drive to Ironton, Ohio. We stopped off en-route and paid my DUI fines, we also stopped and purchased groceries from a store (I know that this was approximately 12 noon, because I have estimated the drive time and the events very carefully, commencing from the time that Hurst picked Tracy and I up from the hospital). We continued the drive towards my home, making the last stop along the way to purchase Hurst some gasoline and continued the trip home. Hurst dropped us off at home, and he left. I know we were home around 1pm, because Tracy began watching her daily television program “Days of our Lives” (my home was a 25-minute drive from town). As Tracy watched the television and called her parents, I put away the groceries and cooked supper. We spent the remainder of the day at home, watching television.
On July 15th, at 1am, we were awoken by a knock on the door by the Kentucky Police Department. They explained to us “Mr Dixon has committed a very heinous crime. We have been searching for Dixon all day, through tips from people who knew him, and you were included on that list of names”. The Detectives told us that we were their last stop for the night, in their attempts to locate Dixon. We explained how Dixon left Tracy and I stranded at the hospital, and that was the last time we saw him. At the Detectives’ request, I agreed to assist in the search for Dixon. Even though I had no knowledge of where Dixon lived, I led the Detectives to the area where Dixon told me he lived. My true intentions were to at least try and locate Dixon’s automobile which would secure his arrest. We had no luck finding Dixon or his car, so the Detectives took me home. As requested, Tracy and I agreed to contact the Detectives if Dixon contacted us.
On July 16th, 2004 the Detectives returned and said “We have Dixon in custody, but he has cut and dyed his hair, denying being Dixon. We need you to come to the Kentucky Police Department and identify him for us”. I said “Yes” and went with them.
When I arrived at the Police Department, I was arrested! I was interrogated for over two hours, and told the Detectives they were making a huge mistake by accusing me of any crime.
I later learned, when Dixon was arrested, he denied being at a video store, where the Store Clerk was brutally beaten with a hammer, robbed and raped. The Detectives then presented evidence to Dixon verifying he was at the store. After 7-8 hours of interrogation, Dixon fabricated a story to say, “someone else done it”, and put my name into his lies. This was his last resort to avoid paying for this heinous crime. I was arrested solely on these fabrications.
My DNA and clothes were collected, and I was taken to the County Jail. While in jail, the media ran stories based on false information provided by the Prosecution, suggesting I was the main perpetrator.
Tracy and I were certain that the truth would bring me home to my family. There were no reliable physical evidence ever linking me to this crime. The victim’s blood was confirmed on Dixon’s clothes, Dixon’s personal information of him being the last customer of a movie rental at 12.08pm is what started the search for Dixon. All 14-15 witnesses, including the victim, ALL excluded me of any involvements and implicated Dixon as the single and only perpetrator. The Grand Jury refused to indict me.
Three weeks later, a homeless man, John Barger changed his statement and claimed he saw me. Barger previously gave verbal and written statements on two separate occasions, stating that he only saw one perpetrator, describing Dixon.
I was in the jail for 2.5 years, Tracy faithfully attended almost every visit as I watched our son grow up through a glass window. We continued to believe justice would prevail and I would go home soon.
Dixon went to Trial first. He was convicted and sentenced to 47 years.
Wayne Murphy #207062
Roederer Correctional Complex
P O Box 69
LaGrange, KENTUCKY 40031
or email me using JPay
Six months before my Trial (2 years after the crime) malicious and false charges were filed against Tracy, accusing her of being a “look-out/accomplice”. I believe this was deliberately done in a bid to discredit one of my two alibis. This was the Prosecutors ‘game-plan’ and corrupt ‘tactical manoeuvre’ to assist in my wrongful conviction.
My Trial Attorney told me “If we can get a change of venue, you will go home. If not, you don’t have a snowball’s chance in hell in Greenup, Kentucky from the publicity surrounding the case”. The change of venue request was denied.
The victim (Melissa Ruffing) gave an emotional testimony, claiming that I was involved and said she “saw a 6-7 month pregnant woman wearing red flip-flops at the crime scene”. Barger testified that he saw me, and it was revealed during Trial, that Barger and his pregnant wife had travelled from out of town, sleeping in their car, looking for a job having being unemployed for 2 years. Barger said he entered the video store, saw the severely injured victim, left and went shopping with unexplained money that he did not have. He said he did not even have the money to buy food and he did not call the police for the victim. Barger testified the Detectives threatened him with criminal prosecution, thus indicating he was coerced to implicate me. When Barger left the crime scene to go shopping at a store across the road, he did not inform the Store Clerk there about the victim at the video store. When he saw the Police, he returned to the video store and gave a verbal statement, describing Mr Dixon as the sole perpetrator/suspect; stating the same facts in the written statement he provided 2 days later.
WHY didn’t Barger say there were 2 perpetrators in his two previous statements? Is this because there was only one perpetrator, or was Barger the second?
During Trial, it was revealed Barger had shaved off his goatee before he returned to his third Police interview. After Trial, I discovered evidence that points to Barger being a suspect in a purse snatching robbery, that occurred on the same day, a few miles away, at a Walmart store. I can prove this because I have obtained a copy of the report about this crime, and the witnesses describe a blue Oldsmobile car. Within the Detectives’ documentation about this crime, there is a printout of the automobiles owned by Barger, and his blue Oldsmobile was circled by the Detectives on this paperwork.
My Attorney and I believe Barger and his pregnant wife were involved in the video store crime. Barger’s way of avoiding suspicions of himself was to follow the Detectives’ tunnel vision focus on me. Dixon did not know who the homeless people were, so he put my name into his fabricated story. Where did Barger get his unexplained money from, to go shopping across the street from the crime scene?
During my Trial, the Prosecutor offered misleading results from the hair tests. There were 7 hairs like mine, through the “microscopic” tests which is not a valid/reliable science. Only 4 of these 7 were further tested by “Mitochondrial” DNA testing, and of course they excluded me and resulted in “belonging to a suspect or person not tested/compared to”. The Prosecutor relied on the “microscopic” test results to mislead the jury to believe they were my hairs. All hairs need to be “Mitochondrial” DNA tested. The Prosecutor also misrepresented a substance on my boots, claiming it was the victim’s blood. Despite the Laboratory personnel testifiying that the “substance could be insect blood, no origin was established”. If thoroughly tested, I believe the results would be “deer blood” from my love of hunting.
My alibi was ignored by the Jury, the same Jury who were wrongfully influenced by 2.5 years of prejudicial pre-Trial publicity. They found me guilty. I was sentenced to life in prison.
Wayne Murphy with his family.
On May 1st, 2007 Tracy, the mother of my son and beautiful woman I was planning to marry and spend the rest of my life with committed suicide, after she lost her sanity and faith in the justice system, after she witnessed how I was wrongfully convicted. Tracy used a .38 revolver to put an end to her stress and the lies. She left a note saying “I will not go to prison for something I didn’t do. I love you all”. That day was the worst day of my life.
As I researched evidence, after Dixon denied being at the video store, Detective Roy Ison stated “I had to get Dixon to end up in a position that he felt he was not solely responsible for this crime, a method I often use to get a suspect to implicate someone else – a common practice”. The Detectives gave Dixon the idea to fabricate his story to blame someone else. If I was involved, Dixon would not have waited 7-8 hours to put my name into the story, during his interrogation. If I was involved in this crime, why would I assist in the search and then come to Kentucky to identify Dixon? I only wanted to help. (Two years after Trial, Detective Ison was sued in the Civil Court for corrupt activities of withholding surveillance evidence of an innocent man, in a drugs case. A fine example of Ison’s culpability and corruptness).
I discovered that the victim told her sister “One suspect was tall, the other was real short”. I can verify that Dixon and I are the same height of 5’11”. The information I obtained through Public Records confirms Barger is 5’7”. This evidence, and the hospital surveillance footage was never shown to the Jury, to prove that Tracy was not wearing red flip-flops and her pregnancy was not visibly recognisable as the victim had described.
My conviction simply originates from fabricated evidence and Barger’s possible involvement as he followed the Detectives’ ‘game-plan’. To obtain Barger’s coerced statement that was used to place me at the crime scene, to help cover up the mistakes of arresting an innocent man – ME! The victim believes I was involved because I was accused.
· There was no reliable physical evidence linking me to this crime.
· The victim’s blood was identified on Dixon’s clothes.
· It was confirmed that Dixon had been the last customer visiting the video store at 12.08pm on July 14th, 2004.
· All 14-15 witnesses including the victim, all excluded me of any involvement and implicated Dixon as the single and only perpetrator.
· On April 1st, 2010 I undertook and fully passed a polygraph test.
· I have never been to the video store in my entire life.
· I have no criminal history to support this type of character.
· I was an over the road truck driver for 8 years. I got a DUI in my personal vehicle. I then worked for an industrial company and I planned to re-instate my CD&L Licenses after the birth of my son. I grossed over $852 for one week’s work just 4 days before the crime occurred.
· I was engaged to marry the love of my life, the mother of my son – there is no motive for what I am accused of.
· Everyone who personally knows me, knows I am not the monster that I am portrayed to be.
· I had no knowledge that Dixon had been in and out of trouble and mental hospitals most of his life, during the 2 weeks I had known him.
On May 30th, 2012 for the first time, I was able to view the hospital surveillance footage after the prison updated the Law Library’s computers. The surveillance footage verifies that Tracy’s uncle arrived and picked us up from the hospital in his ’95 Mustang automobile, exactly as Hurst testified to during my Trial and refutes the Prosecutors words “Mr Hurst is a liar. Part of a cover-up. He never did pick up Wayne and Tracy from the hospital and he is not worthy of your belief”. Had the jury viewed the surveillance footage you would not be reading these words, and I would not have been robbed of precious moments with my two children and granddaughter.
My Trial Attorney and the Prosecutor are both responsible for not presenting the surveillance footage to the Jury, or did they realise what that surveillance even proves?
No matter whenever my innocence is proven, the truth will always be too late for Tracy.
Supporting Documentation. More Available on Request