The Zipper Gripper

The State of Texas

v.
Jesse Herring

YMCA Texas
Youth and Government Program
2010-2011 Trial Court Case

8-20-2010
WITNESSES:

For the prosecution:! For the defense:

Det. Am Hurst! Jesse Herring

Mitt Ganzer! Greta Marin
Katherine Carlisle! Jerry/Jeri Braden
Lou Dobbs! Danny Riley

EXHIBITS:

1. Crime scene diagram.

2. Photo of red purse found at crime scene.
3. Photo of two matchbooks labeled "Simon's".
4. Photo of red strap and zipper mechanism.
5. Note written by Eleanor Ganzer, dated "3/23/97".
6. Note written by Eleanor Ganzer, undated.

STIPULATIONS: This information, transmitted to the Sheriff's Office pursuant to

statute by the County Coroner and the Crime Lab, may be presented through the
testimony of Det. Hurst without objection.

1997 Coroner's Report relating to death of Eleanor Ganzer:

Cause of death:! Blunt trauma to head and body;

Massive internal hemorrhage; Severed Aorta

Time of death:" Approximately 8:30 p.m. — 10:30 p.m., April 3rd, 1997

Instrumentality of death: Probable suicide/possible homicide

2010 Crime Lab Report relating to investigation into Eleanor Ganzer's death:

a.Trace amounts of blood recovered from the red purse (Ex. 2) were positively
identified as coming from Eleanor Ganzer. There was no other blood from any
source on the purse.
b.A quantity of human skin epithelial cells was recovered from along 4.5
centimeters of the zipper on the purse. DNA in these cells was positively
matched to the DNA profile of that in the sample provided by the defendant
Jesse Herring.
c.A small amount of human blood was recovered from under the fingernail of the
middle finger of the left hand of Eleanor Ganzer. DNA in this sample was
positively matched to that in the sample provided by the defendant Jesse
Herring.

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 CASE NO. 07-1-94747-1

STATE OF TEXAS,
1ST DISTRICT COURT OF TEXAS
v. FOR CEDAR COUNTY

JESSE HERRING, INFORMATION

Defendant
_____________________________

I, Shirley Templin, District Attorney for Cedar County, in the name and by the
authority of the state of Texas, do hereby accuse the above-named defendant JESSE
HERRING of the crime of Murder in the First Degree, committed as follows:

That the defendant, in Cedar County, Texas, on or about the 3rd day of April 1997,
acting with a premeditated intent to cause the death of a person, did cause the death on or
about April 3rd, 1997 of Eleanor Ganzer, a human being;

Contrary to Tex. Penal Code § 19.02 (1994), and against the peace and dignity of
the state of Texas.

Respectfully submitted,

/S/
District Attorney

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 Special jury instructions for State v. Jesse Herring

In addition to standard instructions addressing such matters as the burden of proof

on the State, the requirement of proof beyond a reasonable doubt and the need for jury
unanimity, the following special jury instructions are appropriate for this case:

INSTRUCTION NO. 1

A person commits the crime of murder in the first degree when, with a
premeditated intent to cause the death of another person, he causes the death ofsuch person
unless the killing is justifiable.
A person acts with intent or intentionally when he acts with the objective or purpose of
accomplishing a specified result.
"Premeditated" means thought over beforehand. When a person, after any
deliberation, forms an intent to take human life, the killing may follow immediately after
the formation of the settled purpose and it will still be premeditated. Premeditation must
involve more than a moment in point of time. The law requires some time, however long
or short, in which a design to kill is deliberately formed.

INSTRUCTION NO. 2

To convict the defendant Jesse Herring of the crime of murder in the first degree as
charged, each of the following elements of the crime must be proved beyond a reasonable
doubt:
(1) That on or about the date of April 3rd, 1997, the defendant caused the death of
Eleanor Ganzer;

(2) That the defendant was acting with the intent to cause the death of Eleanor
Ganzer;

(3) That the intent to cause the death was premeditated; and

(4) That the acts occurred in the State of Texas.

If you find from the evidence that each of these elements has been proved beyond a
reasonable doubt, then it will be your duty to return a verdict of guilty as charged.
On the other hand, if, after weighing all of the evidence, you have a reasonable
doubt as to any one of these elements, then it will be your duty to return a verdict of not
guilty as charged.

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 INSTRUCTION NO. 3

The defendant is charged with murder in the first degree. If, after full and
careful deliberation on this charge, you are not unanimously satisfied beyond a
reasonable doubt that the defendant is guilty of this charge, then you may
consider whether the defendant has been proved to be guilty of the lesser crime of
murder in the second degree.

A person commits the crime of murder in the second degree when, with
intent to cause the death of another person but without premeditation, he causes the
death of such person unless the killing is justifiable.

If you are satisfied that the defendant committed the crime of murder, but
have a reasonable doubt as to which degree, you must find the defendant guilty
only as to the lesser crime.

INSTRUCTION NO. 4

To convict the defendant Jesse Herring of the crime of murder in the

second degree as a lesser included crime of that charged, each of the following
elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about the date of April 3rd, 1997, the defendant caused the
death of Eleanor Ganzer;

(2) That the defendant was acting with the intent to cause the death of
Eleanor Ganzer; and

(3)That the acts occurred in the State of Texas.

If you find from the evidence that each of these elements has been proved
beyond a reasonable doubt, then it will be your duty to return a verdict of guilty as
to this crime.

On the other hand, if, after weighing all of the evidence, you have a
reasonable doubt as to any one of these elements, then it will be your duty to
return a verdict of not guilty as to this crime.

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 INSTRUCTION NO. 5

The evidence that has been presented to you may be either direct or circumstantial.
The term "direct evidence" refers to evidence that is given by a witness who has directly
perceived something at issue in this case. The term "circumstantial evidence" refers to
evidence from which, based on your common sense and experience, you may reasonably
infer something that is at issue in this case.

The law does not distinguish between direct and circumstantial evidence in
terms of their weight or value in finding the facts in this case. One is not necessarily
more or less valuable than the other.

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WITNESS STATEMENTS

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 Declaration of Det. Am Hurst

Amberly/Amanda Hurst hereby declares:

I am 54 years old. I am a Detective Sergeant with the Cedar County Sheriff's

Department, where I have worked for 28 years. I was the detective on duty on the

night of April 3rd, 1997. At 7:10 am on Friday, April 4th, just before the end of my

shift, I received a report that a woman's body was found along the eastern bank of the

Snooksnook River near the Herron Creek Bridge out on State Route 222. The

Snooksnook, of course, flows in a southerly direction and it was running pretty high

due to spring runoff.

I arrived at the same time as Patrolman Perry Smith. He and I were lowered to

the body from the lookout about 50 feet above the river bank. We utilized a Fire

Department crane we had brought in for this purpose. The fisherman who called in the

report from his ship to shore radio was still tied up at the river bank when we arrived.

According to the fisherman, he did not touch the body because it was apparent that the

woman was dead.

The body was that of a female, later identified as Eleanor ("Ellie") Ganzer,

DOB June 1, 1961. The body was lying in a twisted position wedged between two

large boulders. The skull was crushed and covered with caked blood. There was not

much visible blood, except from the head wound. The deceased was fully clothed in a

blue skirt with matching blue two-button blazer-type jacket, white silk blouse, and

nylons. She was wearing a gold watch, wedding ring and gold necklace with a

diamond pendant. One size 7AA red high heel shoe (left foot) was found about 5 feet

from the body and a matching one (right foot) was found half way down the steep

slope directly above where the body was found. A red purse was found about 15 feet
8
north of the body at the edge of the water. The purse was a small clutch with a

zippered opening. It was missing that zipper gripper thingamajig and the zipper pull.

Exhibit 2 is a photo of that purse. The location of the body and the evidence items are

depicted on the attached crime scene sketch (Exhibit 1) that we made later that

morning during the investigation.

Above the location where the body was found there is a small clearing in the

woods that is connected to a gravel parking area by a nature trail that runs along the

edge of the steep embankment. The trail is a popular sunset viewing spot for teenagers

and couples. There is a 40-inch high rustic split rail fence on the slope side of the trail

that is maintained by the Boy Scouts. There are warning signs at the head of the trail

near the parking area that say: "Stay On Trail. Do Not Climb On Fence." The fence

was in good condition with no loose rails or posts in the area above where the body

was found. The point from which Ms. Ganzer fell is about 50 yards from the parking

area. The path is not lighted.

There were no signs of a struggle on the trail above the location where Ms.

Ganzer's body was found. Over the years, erosion and slides have removed most of the

trees from the slope but there is some brush and native vines near the rocks at the

bottom. The slope is almost vertical at the point where Ms. Ganzer's body was found.

No cars were parked on the road in the area when we arrived. The forested area is not

remote but is sparsely populated. Most of the land in the area is owned by the

Snooksnook Indian Tribe.

A light, steady rain had fallen all afternoon on April 3rd. The trail was wet, but

not muddy or slippery when we arrived at around 7:40 a.m. on April 4th. According to

the National Weather Bureau, it was cloudy and rainy on the evening of April 3rd with
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no visible sunset. About half of an inch of rain fell in the area during the 24-hour

period between 6:00 a.m. on April 3rd and 6:00 a.m. on April 4.

Later in the day on April 4th, Ms. Ganzer's car, a 1997 Ford Crown Victoria,

License No. R19476J, was located in the 600 Block of Fourth Street in downtown

Creighton near Maxim's Salon and Spa. A receipt from Maxim's was found in Ms.

Ganzer's red purse. It was dated "4/3/97" for an amount of $48.00, plus a $10.00

handwritten 'Tip." It indicated it was for "hair coloring, trim and manicure." The

receipt was placed in evidence.

Ms. Ganzer's body was removed from the scene at 9:15 a.m. by the county

coroner and was taken to the morgue for an autopsy. Dr. Sam Barry performed the

autopsy. His major findings were (a) that Ms. Ganzer's neck was broken, her skull was

crushed, and her aorta was severed, and (b) that these injuries were caused by falling

on the rocks. He concluded that Ms. Ganzer died from massive cerebral and internal

bleeding caused by blunt trauma to the head and thorax. She also had suffered non-

fatal abrasions and contusions about the face and head. Whether these were caused by

the fall or by other means could not be determined. Dr. Barry fixed the time of death at

between 8:30 p.m. and 10:30 p.m. on April 3rd, 1997. His report, dated April 13th,

1997, was delivered to our department pursuant to law and is in the case file.

On April 4th, 1997 at 11:30 a.m., I met Mitchell "Mitt" Ganzer at his Ford

dealership office in Creighton. He was present with his lawyer, Louis Gianelli.

Mr. Ganzer did not look distraught or sorrowful. He was calm. He said he was

at a meeting at the Hilton Hotel on the evening of April 3rd with a "business associate,"

George Bernstein. He said he arrived at the Hilton at 6:30 p.m. that night and did not

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leave until after 11:00 p.m. He said he sat alone at the bar for about 45 minutes after

Bernstein left.

I asked him why his wife was out at the Herron Creek lookout all dressed up

on a drizzly night in April. He said she was probably with her "lawyer lover" Jesse

Herring. He said he last saw his wife on Sunday, March 30th when he dropped off their

daughter, Greta, after a day at the movies. Mr. Ganzer said he moved out of the

family's Creighton residence the first week of March, two days after Ms. Ganzer got a

restraining order against him. When I asked him why he referred to Jesse Herring as

the "lawyer lover," Ganzer said it was common knowledge around town that his wife

was sleeping with her lawyer. I asked him if he thought his wife might have been

suicidal or if he could give me any reason why someone would want to kill her, he

said: "Yeah, maybe she decided to dismiss the divorce case with extreme prejudice,"

then he chuckled, got up and left the room. During my investigation in 1997, I did not

talk with anyone who was aware of an intimate relationship between the victim and

Jesse Herring.

I talked with Giorgio Bernstein in my office on April 8th. He said he was with

Mr. Ganzer all evening on April 3rd, although he said Ganzer arrived at 7:30 p.m., not

at 6:30 p.m. as Ganzer told me. He also said Ganzer left the Hilton around 10:45 p.m.

and that he (Bernstein) stayed for about an hour after Ganzer left. Bernstein said he

was driving a black 1997 Porsche Carrera. Bernstein said the valet attendant parked

his Porsche.

One of the Hilton parking lot attendants, Jeri/Jerry Braden, saw a black

Hummer in the VIP section of the Hilton parking lot around 7:00 p.m. but did not see

it there at 8:30 p.m. It was common knowledge that Ganzer owned the only black
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Hummer in Creighton at the time of Ellie's death. Braden did not recall seeing any

black Porsches in the parking lot that night. According to Braden, the valet attendants

parked expensive cars right up front by the entrance to the Hotel for prestige. Braden

also remembered seeing the black Hummer parked near the front entrance around

10:30 p.m.

I ran a records check on both Ganzer and Bernstein. No record of conviction

was found for Ganzer, but he was arrested on domestic violence charges in 1991 and

1996. Neither arrest resulted in a criminal prosecution. He was also investigated in

1995 for pointing a loaded weapon at a person who was making a disturbance at his

dealership. Bernstein had an extensive record of investigations and arrests for

racketeering and fraud. He spent three and one-half years in prison in New York

(1981-85) for mail fraud, racketeering and conspiracy. His connections to the Luchesi

crime family and Colombo cocaine cartel were well documented in the FBI files.

Bernstein died on July 31st, 2002 in an execution style shooting on the South Side of

Chicago.

I interviewed Jesse Herring and his paralegal, Katherine Carlisle, on April 7th.

Herring stated that he was retained by Ellie Ganzer in January 1997 to file a divorce

suit against her husband, Mitchell Ganzer. The case was filed on February 5, 1997. He

stated that he last saw Ellie Ganzer around 4:00 p.m. on April 3rd when she dropped by

his firm, Herring & Associates, to pick up some motion papers from Ms. Carlisle. He

said he was busy and just said hello to Ms. Ganzer when she was in the lobby on the

3rd. He said he had a scheduled appointment with her the next day (April 4th) at 10:00

a.m. to prepare for a child support hearing scheduled for the following week on April

10. He said Ms. Ganzer appeared normal, was nicely dressed and looked like she was
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on her way out for the evening. Herring said he worked until 8:30 p.m. in his office

and then went home to be with his wife, Susan, who was terminally ill with cancer. I

did not interview Susan Herring on advice from her oncologist, Dr. Wistrom. Susan

Herring died from cancer on August 30th, 1997.

I noticed a long, deep scratch on the back of Herring's right hand and asked

him about it. He said the scratch was caused by a loose piece of metal molding on his

car. The scratch was fairly deep and was scabbed over. The scratch was located on a

diagonal from just below the wrist bone to the web between the thumb and forefinger.

We never found any evidence that would support the conclusion that Ellie

Ganzer took her own life, except for the lack of any evidence of a struggle at the scene

and some indication that she had been emotionally distraught lately. None of her

friends or family members believed she was suicidal. I conveyed this information to

the coroner who depends on this type of evidence gathering by others in formulating

his final conclusions.

On November 26th, 1997 (the day before Thanksgiving) I closed the Ellie

Ganzer case, packaged the evidence and investigation reports and placed them in

storage in the "Unsolved Case" cabinet in the basement at headquarters. The lab

reports did not disclose any usable finger prints, except those of Ellie Ganzer, and no

blood, other than Ellie's was identified. No suspects, other than Mitchell Ganzer and

Jesse Herring, were identified or investigated. The case was "officially" closed as a

probable suicide because that classification helps keep our FBI clearance rate statistics

up there. I didn't really believe this. My hunch at that time was that Mitt Ganzer and

his underworld connections had something to do with Ellie's death.

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 Twelve and a half years later, on April 16th, 2010, I met with Sheriff Del Grant

in the Sheriff's office. Sheriff Grant instructed me to reopen the Ganzer case. He

specifically instructed me to focus on Jesse Herring and asked me several times why I

did not press the case against him in 1997. I got a funny feeling that the Sheriff was on

a mission.

Herring had just announced his candidacy for County Executive and he was in

the newspaper every day. BJ Fallon from the Globe started doing articles on Herring

right after the announcement and a lot of background work had already been done. So,

one of my first stops was the Globe. Fallon filled me in on all the details of his

investigation. He told me that the State Bar Association supposedly had a fat sealed

disciplinary file on Herring but he hadn't been able to crack it. He said he had

confidential sources who told him that Herring had been under investigation in 1997

for having sexual relations with his client Ellie Ganzer. He also told me that Herring

had represented Sheriff Grant's wife in the Sheriff's divorce case and had really taken

it to the chief, financially.

I contacted Mitchell Ganzer and got the same story that was in my original

report. I also got a copy of the death certificate of Giorgio Cannello Bernstein (aka

Georgy Bernstein) confirming his death "by a single gunshot wound to the head" on

July 31st, 2002 in Chicago.

I reviewed the physical evidence that had been retained by our department.

One large plastic evidence bag contained Ms. Ganzer's clothes and shoes. Another

plastic evidence bag contained the red purse, as previously described. The purse was

unzipped and empty. The exterior of the purse was dirty but had no other marks on it.

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 Since there had been considerable scientific advances since 1997, I sent the

victim's clothing, purse and fingernail scrapings (from the autopsy) to our crime lab

with a request for DNA analysis.

In a larger plastic bag marked "Purse Contents" I found the usual cosmetics, a

Kleenex pack, an address book, business card for Jesse Herring and match book from

"Simon's" out on State Route 222. There was a small black wallet in the evidence bag

that contained four credit cards, $310 in cash, a volunteer card from Cedar Regional

Medical Center, a picture of Greta Ganzer, and the victim's Washington driver's

license.

A smaller plastic evidence bag marked "Contents-Ford Crown Vic" was empty,

except for a note in my handwriting stating that the keys and contents were released to

Mitchell Ganzer on May 14th, 1997.

I was unable to locate the Maxim's receipt noted in my earlier reports. Maxim's

closed after the owner died on Alaska Airlines Flight 261 and the three stylists have

disappeared. I made a note to try to locate them.

On April 28th, 2010 I asked Jesse Herring to stop by my office. I informed him

that the Sheriff was re-opening the Eleanor Ganzer case. He agreed to answer some

questions. I asked him to recall the events of the night Ms. Ganzer died. He said he

only saw her for five minutes on April 3rd, just like he told the police 13 years ago. He

denied having any information about her death and denied knowing anything about

the hours before she died. He said he destroyed her files a couple years ago in

compliance with his office's 10-year file retention and destruction policy. I thanked

him and asked him to review his memory, his personal and office calendars, etc. for

any information that might help in my review of the case. He promised he would.
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 On May 10th, 2010 I called Katherine Carlisle to find out if any files and

records from the Ganzer divorce case were still around Herring's office. She said she

was pretty sure the complete file should be in the basement. I did not tell her that

Herring had told me the file was destroyed. I called back a couple of times to find out

about the file but Carlisle kept putting me off. On Tuesday, May 18th, 2010, I warned

her that I was about to get a search warrant for the file if she failed to produce it.

Shortly afterwards, I received a call from Katherine Carlisle. She advised me that the

Ganzer divorce file was missing and, when I asked to speak with Herring, said that he

had just left for a deposition in Beklin, over in Brookson County. I contacted our

patrol division and Herring was quickly spotted at Starbucks on the corner of Kolder

Way and Hamill Street. I caught up with Herring just as he was leaving Starbucks.

I followed at a safe distance in my unmarked car. Herring crossed the bridge

into Brookson County, just east of where the Snooksnook flows into the Newpoint

River. I wasn't about to turn back at that point but I did radio to the local sheriff's

office of Brookson County, as a courtesy, to let them know of my location and

direction. Right after that, Herring pulled into a roadside rest area at Tanner Creek.

I then saw Herring pull up to a trashcan and without exiting his vehicle he

dropped a white bag into the can and drove off, continuing in a southbound direction. I

started to follow him but decided to go back to the rest stop and retrieve the bag.

I retrieved the plastic bag, made of thick white plastic and bearing the logo of

"Martell's Drugstore" in Creighton. It was tied very tightly shut. I ran back to my

vehicle and was just about to continue following Herring and call my office to start the

process for getting a search warrant for the bag when Deputy Veronia Bonneville from

the Brookson County Sheriff's Office arrived. After a brief discussion about my
16
investigation, she exclaimed, "You've got to be curious — the curiosity is killing me!"

With that she spent the next few minutes trying to undo the bag but she found it was

tied too tightly. As I watched her, she pulled out a pocketknife, sliced into the side of

the bag and removed the contents.

The bag contained miscellaneous legal papers from the Ganzer divorce,

Starbucks coffee cups and sleeves, business envelopes, junk mail, miscellaneous trash

and a manila envelope. The envelope contained a note written on a white card. It said:

"Dearest Jesse, Light of my life, keeper of my heart, savior of my soul. Love Ellie"

The note was dated "3/23/97" in the upper right hand corner. Detective Bonneville

made a copy of the note on her portable copy machine.

At 3:00 p.m. on May 18th, 2010, after returning from Brookson County, I

obtained and executed a search warrant at Herring's office. In Herring's top right desk

drawer I found and seized a Simon's match book, a business card of "Roberta

Wheeldon, State Bar Association Investigator", a red leather strap attached to a Talon

brand zipper pull and zipper gripper thingamajig and a handwritten note later

identified as one written by Eleanor Ganzer. The note, on a piece of paper from a note

pad that had "From the desk of Jesse Herring" printed at the top left, said: "Jesse, it's

wrong and I can't do it anymore. I am so mixed up. Please understand. Don't hate me."

The note was not dated. Katherine Carlisle identified the match book, note, business

card and red leather strap as items she had previously seen in the manila envelope in

the Ganzer v. Ganzer closed file.

Attached to this Declaration is a photograph of the Simon's match books.

(Exhibit 3). The one at the top of the photo exhibit was taken from the evidence bag

marked "Purse Contents" in the Eleanor Ganzer file. The one at the bottom was found
17
in Herring's desk while executing the search warrant. I also photographed the red strap

removed from Jesse Herring's desk. (Exhibit 4).

On May 31st, 2010, I called Jesse Herring and asked him to come into my

office. I told him I was about finished with the investigation and wanted to wrap up

some loose ends. At 11:00 a.m., Mr. Herring arrived with Janet Wellington, a criminal

defense attorney. He was fully cooperative as I swabbed the inside of his cheek to

obtain a DNA sample for comparison. He also willingly provided a blood sample. I

confronted Mr. Herring with the contents of the garbage bag, the notes and the red

leather strap. He acknowledged that he had not been completely honest with me in our

past conversations, admitted that he met with Eleanor Ganzer at Simon's on the night

she died but refused to answer any other questions on advice from his attorney. Ms.

Wellington stated that Mr. Herring would be happy to provide a statement at a later

time. He never did.

Later that week, I received the final report from our department's crime lab.

The laboratory analysis found that trace amounts of blood on the purse were positively

identified as coming from Ellie Ganzer. There was no blood from any other source on

the purse. There was, however, a quantity of human skin epithelial cells along 4.5

centimeters of the zipper. These cells were identified as matching the DNA sample

provided by Jesse Herring and he was conclusively identified as being the source of

them. Finally, the Crime Lab determined that a small amount of human blood had

been recovered from under the fingernail of the middle finger of the left hand of

Eleanor Ganzer. DNA in this sample was positively matched to that in the sample

provided by the defendant Jesse Herring.

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 I hereby declare under penalties of perjury under the laws of the State of Texas

that the foregoing statement is true and correct.

Dated this 22nd day of June, 2010.

___________________________________________________________

Am Hurst

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 Declaration of Mitchell Ganzer

Mitchell Ganzer hereby declares:

My name is Mitchell Ganzer, but most people call me "Mitt." When I was a

kid, my dad got me big catcher's mitt from one of his buddies who played some ball. It

was so big we stuffed it with leather and rags, and everyone called me "Mitt." I was

born on April 1, 1960, April Fool's Day, in Rapid City, South Dakota. I am a big guy,

I'm fit, I stand my ground and I'm nobody's fool.

I graduated from high school in 1978 and enlisted in the US Army two weeks

after graduation. I spent four years in the service, as an Army Ranger. I played football

in high school. 1 love physical contact sports like extreme fighting. The Army Rangers

were a perfect fit for me. I spent some time in Central and South America, Southeast

Asia and Africa. My assignments were top secret. In 1982 I was discharged at Fort

Lewis, near Tacoma, Washington, as a Master Sergeant, E-6 grade.

After bumping around in Seattle and Tacoma, I moved to Creighton, Texas

in November of 1982 to work for my buddy's dad who owned Pony Car Classics.

I started as a vehicle transport driver and worked some security details for the

owner and his guests. The car business was a natural for me.

I met Eleanor "Ellie" Riddle at the Fourth of July celebration in Creighton in

1983. She was working at the children's clinic. We got engaged on Thanksgiving Day

1984 and were married on my birthday in 1985. Ellie quit her job before the wedding

and did not work anytime after that. A man should support his family and his wife

should make his home.

We had a daughter, Greta Marie Ganzer, on September 22, 1985. I have not

seen Greta in four years. She still holds me responsible for Ellie's death. But I don't
20
think she really believes that I killed her mother. I know she claimed that I did it. Ellie

and Greta were very close. I think Greta changed her name a few years ago. It hurts

me that she is so ungrateful for all the things I have given her. I put her through

college with funds from a trust that my accountant set up when she was born. The last

I heard, Greta was living in San Francisco.

In June 1987 I received a nice return on an investment I made with a buddy,

Gorgio Bernstein, in South America. I call him Georgy. I do not know the details of

the investment. Georgy called and said we could make some serious cash by investing

in a deal with his associates in Colombia. I gave him $12,000, which was all of my

Army retirement and combat pay and Georgy added it to his cash to give us more

juice. In June Georgy called and said we made a pile of cash, and a week later he

brought me six cashier's checks for $10,000.00 each and my original investment of

$12,000,00 in cash. Georgy and I invested in a couple other deals since then and we

always made good money on short-term investments.

Georgy was murdered in July of 2002 in Chicago. His murder has never been

solved. I do not believe he belonged to an organized crime family or was associated

with South American drug cartels. He was a good businessman with a nose for a deal.

Just let the guy rest in peace.

I met Georgy in 1980 at some dive in Bogota when I was on a training

mission in South America. He was working for a civilian contractor building

electrical power plants in Venezuela. I knew he had been in trouble with the law. He

grew up in Hell's Kitchen and knew how to take care of himself. I visited him in

prison in New York in 1983. It was a bad rap but prison never fazed Georgy. Did you

know that Georgy once gave $100,000.00 cash to St. Jude Children's Home, just
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because he read about some kid who grew up alone and on the street eating garbage,

just like he did? Put that in your report!

I bought the Winston Marsh Ford dealership in February 1988 and renamed

it Ganzer Motors. I used the money 1 earned on my investment with Georgy for the

down payment. I paid off the loan for the dealership in less than two years. In 1992,

I built our current showroom and service center on Kolder Way and we expanded it

in 1994 when I bought Chase Gordon Honda.

Ellie was never really excited about staying at home. Her mother was a nurse

and wanted Ellie to be a doctor. I persuaded her that staying home was just as valuable

as working outside, but she was stubborn and was a fighter; that's what I liked most

about Ellie. She could get real physical when she was mad. She threw cans of

vegetables at me and slapped me many times. She was tiny, 110 pounds or so, but she

was tough. Sometimes I had to restrain her but I never had to hit her. She knew when

to stop. The only time I got carried away was that Thanksgiving night when Greta

called 911. Ellie was very upset and I was forced to use a control hold to calm her

down. I wouldn't call it a chokehold, but that is what the newspapers called it.

Ellie called 911 one other time. I was arrested both times but I was never

prosecuted. Ellie refused to press charges both times. She knew better. She was the

aggressor, not me. We never fought about anything important. It was always about

Ellie wanting to get a job or do more volunteer work outside the home. She did not

need a job. Ellie refused to accept that her time spent at Bellhaven Country Club and

organizing charitable events there was a real job and it was very important to my

business. After Greta was born, Ellie started volunteering at the hospital. She was

spending more time there than at home. I let her know that had to stop; there was no
22
need. We were very good citizens of Creighton. I have been very generous to my

community. The Boys and Girls Clubs have a new center because of my major

contribution and the hospital has a child birthing center that is named after Ellie and

me.

In 1997 I was driving a black Hummer. No one else around Creighton had one

at the time. It reminded me of racing through the rain forests in South America and it

was perfect for remote hunting and fishing trips.

In early 1997, Ellie and I had been arguing a lot and she said she wanted

"some space." She told me to move out; I declined. She and her lawyer pal Jesse

Herring then got a judge to order me out of the house I'd built and paid for. Left on

our own, we could have worked things out but that lawyer had his own plans. He had

her brainwashed into thinking she wanted a divorce. I know she didn't really. The

lawyer wanted his fat fee but he wanted something else too. They were sleeping

together. I know it. A man knows when his wife is sleeping around. I also know that

it's not right for a lawyer to be sleeping with his client. I read the papers and go to the

movies.

So I went to the State Bar Association offices and told them what this Herring

character was up to. An investigator named Roberta Wheeldon told me that they

couldn't do anything based on rumor and speculation but that if I got something more

concrete I should definitely come back. She said that if it were proven, he would

likely be disbarred and be ordered to refund the $40,000 I'd already been ordered to

pay toward his legal fees. These both sounded peachy to me. Ms. Wheeldon gave me

a couple of her business cards.

23
 Because I was court-ordered to have no contact with Ellie, I had to be careful.

When I spotted her car parked near Maxim's on April 3rd, I pulled in behind it and

waited. When Ellie came walking by, I said we had to talk and she stopped. We only

had a few minutes together but it was enough for me to tell her I wanted us to

reconcile for Greta's sake. I could tell she was receptive. I also believe I mentioned

that her lawyer was a snake. 1 told her about Dr. Wistrom, who had bought a new

Lincoln recently, saying that Susan Herring could live another five years and how

Jesse would never leave her. I gave Ellie one of Ms. Wheeldon's cards and said she

should give her a call. She said she would consider it. I'd known her long enough, I

could tell she was serious. I held the door as she got in her car and she gave me a long

and meaningful look.

I went back to work for the rest of the afternoon. That evening, I had a

meeting at the Hilton Hotel with Georgy Bernstein about buying the Porsche

dealership in Rockton. After leaving my office I saw Herring's dirty Subaru on

Kolder Way, headed toward State Route 222 and Simon's. I could not see the

occupants but there were two people in the car. I know Herring's car. It has a bike

rack on top that makes it easy to spot in a crowd. I made a couple stops and arrived

at the Hilton bar at around 6:30 p.m. and did not leave until after 11:00 p.m. Georgy

showed up around 6:45 p.m. and left around 10:00 p.m. I know he left before I did

because I was talking on my phone when he left and I had just ordered another

whiskey. We stayed in the bar the entire time. Georgy was driving his black Porsche

Carrera.

In 1997, I did not tell Detective Hurst about my conversation with Ellie or

about seeing her with Herring on the couple occasions I'd followed them out to
24
Simon's. I had a restraining order against me and there was no need to complicate

matters. Without giving these details, I did tell Detective Hurst about Ellie's lawyer

lover back in 1997, but the cop seemed more interested in pinning the murder on me.

I did not murder Ellie. I never wanted a divorce and neither did Ellie. I know

Jesse Herring murdered her because he was afraid she going to get back together

with me and turn him in to the Bar Association and he couldn't handle this.

I have looked at Exhibits 5 and 6, the notes from Ellie. They are both in her

handwriting. The first one confirms that she and the lawyer were having an affair

and the second one shows that she was coming out from under his spell and she was

ending that affair.

I never saw Ellie with a red purse and I cannot identify the red purse that

was found on her body. She never had it when we lived together. But she and Greta

went shopping a lot.

I hereby declare under penalties of perjury under the laws of the State of

Texas that the foregoing statement is true and correct.

Dated this 22nd day of June, 2010.

________________________________________

Mitchell Ganzer

25
 Declaration of Katherine Carlisle

Katherine Carlisle hereby declares:

My name is Katherine Carlisle. Most people know me as "Kat." I was born on

June 8, 1968. I am the office administrator at Herring & Associates. I have never been

married although I was engaged for a while in 1995, until my boss asked me to delay

the wedding until after a big case was finished, and somehow the whole thing ended

up getting called off.

I started work at Jonas, Pruitt & Fell in 1984 while I was in high school. I

continued to work there full time after graduating in 1986. I went to paralegal school

at nights and got my Associate of Arts degree and Paralegal Certificate from Cedar

Ridge Community College in 1989.

I became Jesse Herring's litigation paralegal in 1990. When he left in 1997 to

start Herring & Associates, I came with him. For the first year, he and I were the only

members of the firm.

Jesse is a prodigious producer of high quality legal work. He has always

worked long hours and always has his tape recorder in hand. It was not unusual to find

two full 60-minute tapes of dictation on my desk when I get to work at 8:00 a.m. He

keeps me working long hours too and, if I do say myself, I believe he has grown quite

dependent on me. I don't mind at all.

I remember Ellie Ganzer very well. She was beautiful and could flirt with the

best of them. She was no novice when it came to using her femininity to gain the

attention of men. At the same time, there was something vulnerable about her. She

always looked so sad; like a bird in a cage.

Ellie retained Jesse in January 1997 to handle her divorce from Mitchell
26
Ganzer. It was a messy affair from the start. Jesse wanted to take the offensive right

away to rattle Ganzer, freeze his assets and provoke a settlement. Using this tactic

against Ganzer was like pouring gasoline on a fire. The explosion was instantaneous.

When Jesse got the judge to grant the no-contact order and remove Mitchell from the

family home, Ganzer retaliated and almost destroyed the house and garage (and two

SUVs). That motivated Jesse to accelerate his preparation for the second motion

seeking a permanent injunction, stiffer restrictions on visitation and $10,000.00 per

month in spousal maintenance and child support. Jesse knew that he could force

Ganzer to do something violent and that a penitent Mitt Ganzer would make a quick

and generous settlement offer to avoid bad publicity. I thought it was too risky, given

the stories we hear in town about Mitt and his underworld buddies. I warned Jesse to

be more careful, but something about this case got Jesse going.

On April 3rd, 1997, I called Ellie around noon to ask her to come by the office

to pick up some motion papers for review. She sounded perfectly normal as she said

she was going to Maxim's at 2:00 p.m. for a hair coloring and manicure and would

drop by after she finished. Maxim's is about 3 miles from our office.

Ellie dropped by the office at 4:00 p.m. to pick up the papers. Jesse was in his

office but must have heard her voice. He came out and all three of us talked for just a

few minutes. Ellie was all dressed up. Maxim's had colored her hair and she was

wearing a navy designer skirt and matching blazer over a white silk, collared blouse. I

remember the red shoes, red purse and red belt. I think she said she was meeting some

friends later but did not say who they were. She seemed somewhat subdued and

distracted, not her usual coquettish self.

After she left, Jesse went back to his office and I went back to work. I did not
27
see him again that day but I think he was in his office at 6:00 p.m. when I left. His

light was on and I heard his computer. I was late for my bus and did not stop in to say

good night. I told all of this to Detective Hurst in 1997. I do not recall looking for

Jesse's dirty old Subaru in the back parking lot.

Jessie left a cell phone message for me that night at 8:45 p.m. but my phone

was turned off. He left a short message asking me to call him right away. I did not get

the message until the next morning.

The next morning, there was a long dictation tape on my desk with a marked

up legal brief to revise. The tape was about 48 minutes in length. It would take Jesse

about two hours to produce that tape, knowing how he works. He tapes and then

erases, over and over again, until he gets it just the way he wants. You can hear the

constant rewinding on the tape. He does not like to do more than one revision of a

written draft.

Detective Hurst called about 9:45 a.m. with the news that Ellie was dead. Jesse

was not yet in the office. That was very unusual. I do not remember much about the

rest of that day. I think I was in shock.

When Jesse arrived a few minutes later he was agitated, but looked shocked

when I told him Ellie was dead. He called Detective Hurst but I did not hear the

conversation because Jesse closed his door. I noticed a long, deep, fresh scratch on the

back of Jesse's right hand. He said he scratched it at home the night before. The

scratch was not bleeding but was not fully scabbed over. Jesse did not have that

scratch on his hand on April 3rd.

Jessie is a great employer and my closest friend. After his wife died in

September 1997, we became very close. He sent me on vacation to Bermuda last year.
28
He paid my closing costs when I bought my house in 2003. He knows me better than

my brothers. We went to an international barristers' conference in Vienna 1998. We

have shared some difficult times and some great times, but our relationship is purely

platonic. Although, I admit that at times I would have liked it to be more.

It was obvious that Jesse was enamored with Ellie Ganzer and that his

normally rational judgment was clouded. I cautioned him about the after-hours

meetings with her. I knew that Mitt would do something violent if he found out. I also

feared that it could cause an attorney-client problem or a bar association ethics

complaint. But Jesse said he knew what he was doing. I know he was lonely. His wife

Susan was dying and he needed some companionship. I saw no reason to tell Det.

Hurst any of this in 1997.

After Ellie died and the police investigation was finished, I closed the Ganzer

vs. Ganzer file. All of the records and documents were placed in folders inside an

accordion file and it was placed in the dead file storage cabinet in the basement of the

office. I did not see the file again until Detective Hurst called on May 10th, 2010. He

asked if we had any files on the Ganzer divorce case.

I told Detective Hurst I would look for the file but needed to ask Jesse if it

was appropriate to show a client file to the Detective without the client's permission.

He did not tell me he had already asked Jesse for the file. I told him to call back. I

found the accordion file in the basement that afternoon and brought it to my office.

The contents appeared to be in the same condition as when I closed the file. But there

was a loose manila envelope in the accordion file that I did not remember. If the

manila envelope had been with the file documents when I closed the file, it would

have been punched and clasped along with the rest of the documents. I do not leave
29
loose items in a closed file.

When I opened the manila envelope, I found six newspaper clippings about

Ellie Ganzer's death, a matchbook from Simon's restaurant and lounge, a business card

from someone at the Bar Association, two handwritten notes and a red leather strap of

some kind. One of the notes was written on a white card. It said: "Dearest Jesse, light

of my life, keeper of my heart, savior of my soul. Love Ellie" This note was dated

"3/23/97" in the upper right hand corner. I recognized Ellie's handwriting from

pleadings and forms in the file that she filled out for me. The second note was written

on a piece of note pad paper that I recognized. I ordered personalized note pads for

Jesse with "From the desk of Jesse Herring" printed on top. We haven't had those note

pads around for years. This note was not dated. It said: "Jesse, it's wrong and I can't do

it anymore. I am so mixed up. Please understand. Don't hate me." It was not signed but

I recognized the handwriting as Ellie's.

I never saw these items before I opened the closed file on May 10th, 2010.

Later that day I asked Jesse for permission to show the file to Detective Hurst.

Jesse went ballistic. He told me to bring the file to his office and forget about it.

Detective Hurst called back a couple times over the next few days asking to see the

file, but I told the Detective I had not yet cleared it with Jesse.

When I arrived for work at 8:00 a.m. on Tuesday, May 18th, 2010, Detective

Hurst called and warned me that if the file was not turned over right away, s/he would

be getting a search warrant for our offices. I left a note explaining this on Jesse's chair

so that he would see it just as soon as he came in. I never did see Jesse that morning

— either when he came in or when he left — but late in the morning, I found the

Ganzer vs. Ganzer accordion file in the waste basket in our copy room. The contents
30
were removed and some of the folders were empty. The manila envelope was gone. I

didn't know what to do. I was afraid that Jesse would be arrested for destroying

evidence, so I called Detective Hurst and told her/him that the file was gone. Hurst

asked to speak with Jesse but Jesse was not in the office. He was on his way to Beklin

for a 1:00 p.m. deposition. It appeared that Jesse had just left because a cup of warm

coffee was on his desk and his computer screen was on.

That same day, in the late afternoon, Detective Hurst and other detectives

showed up with a search warrant for Jesse's office. I was not allowed to watch them

but I saw them leave with a bag of stuff. I have since been asked to examine some

items taken during the search: a handwritten note, a match book from Simon's, a Bar

Association business card, and a red leather strap attached to a zipper pull. All three of

those items were in the manila envelope in the Ganzer vs. Ganzer file that I removed

from our basement on May 10th.

I still do not believe that Jesse killed Ellie Ganzer.

I hereby declare under penalties of perjury under the laws of the State of Texas

that the foregoing statement is true and correct.

Dated this 22nd day of June, 2010.

_____________________________________________________

Katherine Carlisle

31
 Declaration of Lou (Louanne) Dobbs

Louanne Dobbs--hereby declares:

My name is Lou (Louanne) Dobbs. I was born May 19, 1975. I grew up in

Creighton. My parents owned Simon's, a restaurant and lounge, out on State Route

222 overlooking the Snooksnook River. Simon's was about 20 minutes from

downtown Creighton. The easiest route is to take Kolder Way out of town to SR 222,

and then drive north about 12 miles. I worked in the restaurant and lounge when I was

growing up. Now I own the place.

I remember Ellie Ganzer. She was drop dead gorgeous and was very shy.

I know Jesse Herring. He is a passionate, creative lawyer who has won some

big cases against the cowards of the county; I mean Cedar County administrators. He

will make an awesome County Executive. I do not believe he killed Ellie Ganzer. I

mean, I hope he didn't do it.

On the night Ellie Ganzer died, I was working in the bar at Simons. I

remember that night well. The cocktail waitress called in sick and I had to work both

sides of the bar by myself. It was my last shift before returning to New York

University for my senior year in college, so my mom had an after-hours party for me

and I almost missed my early morning flight. I majored in creative writing and film

and plan to write screenplays some day. For now, I am gathering material and

characters here at Simon's.

On the day that Ellie died, she and Jesse Herring came in together around 5:30

p.m. They were at the restaurant a lot that winter. I served Ellie and Jesse about four or

five times before that night. They always came in around 5:30 p.m. and always left

32
before 8:00 p.m. He usually had legal papers spread on the table in booth #6, where

they always sat; next to the window in the corner overlooking the Snooksnook.

Ellie and Jesse came in together around 5:30 p.m. that night and stayed about

two hours. You could tell something was wrong between them. Normally, they would

start by talking about the legal papers Jesse always brought with him. But it wouldn't

take long before the hugging and kissing started. That day there was something

intense between them and they never got lovey-dovey. They ordered drinks but did not

drink them. Ellie was very nicely dressed, as usual., She always wore great clothes,

and had great taste. That night she was really striking, in a tailored navy suit, red

shoes, red belt and she was carrying a red clutch purse.

I did not pay too much attention to their conversation. I was busy. But Jesse

was getting agitated and arguing with Ellie. Actually, he seemed to be pleading with

her about something. She was not saying much but a couple times she said, "Jesse,

stop it. I can't." and he was like "You can! You can!" Then, at other points, she was

saying "1 have to" and he was like "You can't! You can't!" 1 do recall Jesse saying at

one point "Don't say that. Don't even think it. I have my life ahead of me too and my

career." Once, Ellie got up and grabbed her purse to leave but Jesse grabbed her by the

arm and yanked her back into the booth. That surprised me. Then, they sat quietly for

a long time without saying anything.

They got up and went out the door sometime between 7:30 and 8:00 p.m. I saw

them standing by the open passenger door of Jesse's Subaru. It looked like they were

still arguing. At one point they were in kind of a clinch but it certainly wasn't a hug. At

first, I couldn't tell if she was trying to get away or if they were wrestling over

something in Ellie's hand. As I watched, I thought it almost looked like a purse snatch
33
on the street as I realized that he was trying to get into her purse and she was resisting

him. Ellie did get her arm loose and I saw her swing her purse wildly at Jesse but I

don't think she hit him. I got embarrassed watching them so I pointedly went back to

work. I assumed they drove off together in Jesse's Subaru.

Everyone knew that Ellie was getting a divorce from that bastard, Mitt. I served

him and his New York friend, Giorgio, many times, with their out-of-town bimbos.

Mitt was rude and crude to those poor girls and used to maul them in the booth.

Georgy always brought the chicks du jour, and they all drove away in Mitt's black

Hummer.

On the night Ellie died, I am pretty sure I saw Mitt Ganzer's black Hummer in

our parking lot. It was about 9:00 p.m., it was raining and his Hummer was glistening

under the lights in the parking lot. I was real busy working the bar by myself, but it is

hard to miss the only black Hummer in the county. I did not see Mitt that night and did

not see anyone in or around his Hummer.

I never saw either Ellie or Jesse smoke. I can identify the matchbooks that

were found in Ellie's pocket and the one Detective Hurst got from Jesse. I designed

that matchbook as a gift for my mom. We got the first shipment of them in two days

before I left for college in April 1997. I was getting real nervous because FedEx lost

the shipment for a couple days and I spent hours on the phone tracking it down.

Luckily, the shipment showed up just before I left; that would be a day and a half

before Ellie died.

I left for New York on the 6:00 a.m. flight on April 4th, 1997. I did not hear

about Ellie's death until a week or so later when my mom emailed me a news clipping.

I was shocked to hear about her death. I jotted down some notes of what I'd seen that
34
night and that has helped my memory in writing this statement. When I read that Mitt

Ganzer was the prime suspect I assumed that the case was solved.

I returned to Creighton five years ago. Mom retired and I took over

management of Simon's. When Mom died, I became the owner. I have seen Jesse

Herring off and on, but he does not come out here like he used to. I hosted a campaign

benefit lunch for him last month (May 8th, 2010) and it was great to see him.

Ganzer still comes out here once in awhile but I hear he spends most of his

time at that new Italian place downtown called "Paulito's." I heard he owns a piece of

it.

I hereby declare under penalties of perjury under the laws of the State of Texas

that the foregoing statement is true and correct.

Dated this 22nd day of June, 2010.

_____________________________________________________

Lou Dobbs

35
 Declaration of Jesse Oliver Herring

Jesse Oliver Herring hereby declares:

My name is Jesse Oliver Herring. I was born on July 4, 1961.

I graduated from LaCrosse High School in Indiana in 1979. I attended

Macalester College in Minnesota and graduated in 1983 with a Bachelor of Arts in

History. I took a year off and volunteered with Amnesty International. In 1984, I entered

law school at the University of Chicago and graduated in 1987.

During my year with Amnesty International, I worked in Dallas/Fort Worth and

fell in love with Texas. One of my roommates had a cabin on the Snooksnook River and

we spent some time there. During my second year of law school I applied for internships

with firms in Dallas/Fort Worth, Waco and Creighton. Jonas, Pruitt & Fell offered me a

job and I took it. JPF was a pretty conservative firm but I liked the associates. The

friendly people of Creighton also reminded me a lot of LaCrosse.

After graduation, I accepted a position with JPF as an associate. I passed the bar

and started work in November 1987. William Pruitt was my mentor. He was a great

litigator and taught me how to prepare and win cases. I did not always agree with his

conservative politics but his trial skills were next to none.

On September 1st, 1988 I married Mary Pruitt, William Pruitt's daughter. That

was a disastrous mistake. It soon became obvious that she was like her father in too

many ways. I drove a '69 VW Bug and she hated it. We lived on a farm and she hated it.

We spent weekends with her parents on their estate and I hated it. By Easter the marriage

was dead and we were amicably divorced before Thanksgiving.

In January 1989, I became a partner at JPF. Although Mr. Pruitt didn't think much

of me as a son-in-law, he appreciated the fact that I was bringing in good money for the
36
firm. In 1990, I successfully represented an African American restaurant owner in a suit

against Cedar County for racial discrimination and violation of equal protection. The

owner was awarded a substantial judgment against the County arising from the police

department's systematic failure to timely respond to burglary and disturbance calls at the

Savannah Bar and Grill. The next year I settled a similar case, in which we alleged that

Cedar County instituted a de facto spot zoning policy by failing to process building

permits in a timely manner for Latino Americans.

In 1992, I represented Seeley Grant in a divorce case. Unfortunately (for me), her

husband was, and still is, Cedar County Sheriff Del Grant. Sheriff Grant lost the house,

his boat, half his pension, and his two children. About a month after the divorce was

final, he also lost his mistress.

In 1995, I represented Hope Alliance in the most important case of my career (to

date). Hope Alliance selected a lovely parcel of ground near Bellhaven Country Club for

a treatment center for orphaned children with AIDS. But Bellhaven and the residents of

the homes in the vicinity stopped the building permit with pressure on City Hall. The

jury awarded Hope Alliance a judgment that was large enough to build the facility and

run it for two years, and the City and Bellhaven were soundly admonished by the trial

court and in the local press. The decision was not appealed and the Hope House is now a

national model for AIDS treatment centers.

In that same year, I met and married Susan Parker, a history professor at Cedar

Ridge Community College. I met her at a benefit concert at the college and we fell in

love immediately. Susan was diagnosed with breast cancer in August 1996 and the rest of

the year was a blur. After two surgeries and months of radiation, chemotherapy and

37
experimental treatments we were told that the cancer had metastasized to Susan's lymph

nodes. She died on September 3, 1997.

In January 1997 I left JPF and started my own law firm, Herring & Associates.

For the first year it was just Jesse Herring and Katherine Carlisle. But we quickly grew

into the five-lawyer firm that we are today. My departure from JPF was bittersweet. I did

not want to leave but my client selection and notoriety were creating ideological friction

with my conservative partners and the publicity I was receiving was not the kind of firm

image-building they wanted to be a part of. We parted amicably and I moved to a small

space in the Federal Savings Bank building on 15th Street. One of my first clients was

Ellie Ganzer, who walked into my office in late January 1997 and asked me to represent

her. After she'd told me about her marital problems, I advised her as to her options. She

then decided she wanted to file for divorce. Although she wasn't certain that was the best

move at the outset, she soon came around to that conclusion.

I knew Ellie Ganzer from my volunteer work with Hope Alliance. She was a

dedicated volunteer and she was beautiful. She always seemed to be melancholy and

somewhat indecisive but she was immensely passionate about her volunteer work. I think

it took her away from her personal problems, which tended to get her down. I knew, as

everyone in town did, that Ellie was in a dysfunctional and often violent marriage with

Mitchell Ganzer. Her daughter, Greta, sometimes met with the youth counselors at Hope

when she came to visit her mother. I heard a lot of talk.

I filed Ellie's petition for divorce on February 9, 1997. On February 11, a no-

contact order was entered against Mitchell Ganzer and he was ordered to move out of the

family's home at Bellhaven Country Club. Ellie was awarded temporary custody of the

couple's 11 year old daughter, Greta. Mitt did not take the judge's order well. Before he
38
moved out, he drove a company SUV through the garage door, destroying the front of the

garage and Ellie's Ford Explorer. The next day, a lot boy delivered a new Crown Victoria

to replace the Explorer (before the judge could find him in contempt.)

I met with Ellie five or six times between February and the date of her death.

Three of the meetings took place at Simon's out on SR 222. I admit that I lied to

Detective Hurst after Ellie's death. But I had my reasons. Susan was dying and there was

no need for her to hear ugly untrue rumors about Ellie and me. I did not have an affair

with Ellie. I admit that I had very warm feelings for her and that I took a personal interest

in urging her in directions I thought best for her. I cared for her deeply but we never slept

together. Looking back, I suppose she may have had a crush on me but I did nothing to

encourage this.

I admit lying to Detective Hurst about meeting Ellie at Simon's on the day she

was murdered. After she dropped by my office to pick up some motion papers, she called

me on my back line and asked to meet me at Simon's at 5:30 p.m. She sounded troubled

and that concerned me. I drove there alone in my Subaru and we met for about one hour

or two. Ellie was dressed in elegant business attire, in a navy blue skirt and jacket with

red shoes, belt and purse.

She had gotten herself really worked up about the upcoming hearing and about

the general direction things were headed in. She was afraid that Mitt was going to do

something to her and Greta if he lost again. She was very emotional and I was trying to

reason with her in order to calm her down. She seemed to have lost her sense of direction

and it was my job to remind her of it and to strengthen her resolve. She'd made her

personal decisions and I'd made our tactical ones and there was no way to go but

forward.
39
 When we got outside, she was still emotional - I wouldn't say distraught, but

quite emotional. I became concerned that she might have access to a firearm, which

could be dangerous in her mental state. I reached over to surreptitiously pat the outside of

her purse to make sure there wasn't a gun in there. She must have misunderstood what I

was doing or else she took offense at this. She reacted by swinging her purse at me,

cutting the back of my right hand. That must be how my DNA got on the purse. The

contents of the purse went flying out onto the ground. I picked up what I could see and

handed it back to her and she stuffed it back into the purse.

I never struck Ellie and I was never angry with her, only a little frustrated that I

couldn't get her to calm down and see reason. I was furious with Mitt and his goons, but

not with Ellie. We parted with a hug in the parking lot and that is the last time I saw her

alive. I assumed she had her car somewhere close by in the Simon's lot although I didn't

see it.

After the meeting with Ellie, I went straight back to the office, arriving around

7:00 p.m. I finished dictating a legal brief. Then I went home around 8:45 p.m. Susan

was very ill at that time and she was heavily medicated. Susan's hospice nurse, Danny

Riley, and I talked a few minutes before s/he left. Susan was sleeping. I sat with her for

some time and then went downstairs to eat and do some more work. I was home alone all

evening. I do not remember talking to anyone by phone that night. I did not go anywhere.

I was not driving downtown around 8:00 p.m. Jeri/Jerry Braden is mistaken. I don't recall

calling Katherine Carlisle that evening.

The next morning, I learned of Ellie's death from Katherine Carlisle when I got to

work. Later, I went to the morgue to view the body.

40
 I did not murder Ellie. Yes, I was lonely and appreciated her companionship but I

had no long-term interest in her as anything more than a client and friend. I didn't think

she was suicidal — she had so much to live for — but now I'd have to say I'm just not

sure.

I admit that I kept some personal items in my office after Ellie's death. There

were some newspaper clippings, a couple notes from Ellie and a match book from

Simon's. I actually forgot about them until recently. I thought the Ganzer v. Ganzer file

had been destroyed in accordance with my office's ten-year file retention policy. There

was no reason to keep a divorce file. I was not aware that the Ganzer file still existed.

When we discovered the file, I looked through the contents and then destroyed it.

There was nothing in it that needed to be kept and certainly nothing that had any

relevance to the death investigation. When I walked out of my office on May 18th, I had

dumped the file contents into a garbage bag and intended to throw the bag in the

dumpster in our parking lot. But I got a phone call and got distracted. I discovered the

bag on the floorboard of my car when I was driving to Beklin. I stopped at a rest area and

disposed of the garbage bag. The contents of that bag were my most private papers and

Detective Hurst had no right to follow me into Brookson County without a search

warrant and sift through my garbage.

I do not remember how I got the red strap or how it became detached from Ellie's

purse. I found it in my car the morning after Ellie died. I knew I was meeting with her at

10:00 to go over the motion papers, and intended to give the strap back to her then. After

she died, I just threw the strap into her client file and forgot about it. As for the Roberta

Wheeldon business card found in my desk drawer, I don't believe that had anything to do

with the Ganzer file. I exchange business cards with a lot of women and the ones I get I
41
usually just toss into my desk drawer. Exhibit 6, the "I can't do it anymore" note, was

actually written in early February of '97. After Ellie had reviewed the draft of the

dissolution petition I'd written for her, she started getting cold feet about signing it. I

think she felt bad that I'd put so much work into a legal document that maybe she didn't

want to have filed. We talked things through and she quickly came back to her senses on

that occasion.

In 2000, I was engaged to Sean O'Farrell, the executive director for Hope

Alliance. We planned to get married on New Year's Eve but she decided to move to

Argentina and I have not seen her since. I hear she was still in South America working

for an NGO.

I met Sally Farnsworth in 2006 at a trial practice seminar in San Francisco. She

was the seminar coordinator for a continuing legal education company called Nuance.

We carried on a long distance relationship for 6 months and then we married. She still

works for Nuance from our home in Creighton. We have no children.

In April 2010 I announced my candidacy for County Executive. This county has

been adrift too long and it's time for someone with a firm grasp of the issues and a clear

plan to assume control. Isn't it interesting that Sheriff Grant reopened Ellie's case after I

made a decision to seek the job of being his boss?

I hereby declare under penalties of perjury under the laws of the State of Texas

that the foregoing statement is true and correct.

Dated this 22nd day of June, 2010.

____________________________________________________

Jesse Oliver Herring

42
 Declaration of Greta Marin (aka Greta Ganzer)

Greta Marin hereby declares:

My name is Greta Marin, pronounced "murr-IN," like the county in California.

I was born "Greta Marie Ganzer" in Creighton, Texas on September 22, 1985. My

parents were Mitchell and Eleanor Ganzer. My mother is dead. As far as I am

concerned, so is my father.

I graduated from Sherin Peak Prep Academy in 2003. Sherin Peak is in

western Pennsylvania. In 2007 I graduated from Wellesley College outside of Boston

with a bachelor's degree in psychology. After graduation I spent a year back packing

through Southeast Asia and Indonesia. I started graduate school at UCLA in

September 2009 and should graduate next summer with a masters in clinical

psychology. I would like to counsel terminally ill children. I am my mother's daughter

after all.

I left Creighton in 1997 after my mother died. I refused to live with Mitt so he

sent me to live with my mother's uncle and aunt who were both teachers at Sherin

Peak. Yes, he paid for my education and my trips, and I continue to get monthly

checks from a trust fund that he and mother set up for me when I was born. But that

doesn't change anything.

When I was young, Mitt was never around. He was always at work or gone to

car shows, dealer meetings or on hunting and fishing trips with his friends. After

Mother died, I found out that the business trips were not always for business. Ford did

not send him to Florida every January for dealership meetings, and Ford did not have

regional headquarters in New Jersey.

Every summer, Mitt and Mother took me to Disneyland, Disneyworld, Sea

43
World, or some other kid's place. I hated it. Mitt never spent any time with us while

we were there. He spent all of his time (days and nights) with "friends" that Mother

and I never met.

Mitt and Mother never went on a vacation alone and she was never invited to

accompany Mitt on his business trips. I asked Mother once why she never went on any

of the Ford sponsored cruises, even though the invitations always included her. She

just said that it was business and she would not have any fun. I never believed her.

Mitt and Mother argued a lot. I don't mean every day because he was not

around everyday. But more often than not table discussions would turn into fights

about mother's desire to get a job or her volunteer work with Hope Alliance. Mitt was

deathly afraid of AIDS and once threatened to drive Hope out of town if Mother didn't

stop volunteering in their hospice unit. Mitt ended most arguments by saying the same

thing: "I make more money than you and the kid could ever spend. Go spend money

and forget about working. I will not have my wife working. It makes me look bad."

I was afraid of Mitt. He never hit me but he had an evil menacing look that he

used when he wanted to end a conversation. Mother ignored that look only a couple

times and it cost her. He never really struck her, but he left lots of bruises on her arms

and neck from powerful grips and choke holds. On Mother's last Thanksgiving on this

earth, I woke up around midnight to the sound of Mother screaming. I went to their

bedroom door and started pounding on it. Mitt yelled "go back to bed" and then

Mother stopped screaming. I got scared and called 911. The police came and arrested

Mitt. I will never forget the battle he put up and the words he shouted when he was

loaded into the patrol car: "Never again, Ellie. Never again." Mom and I sat up all

night on the sofa. Mitt was back home by 7:00 a.m. the next morning.
44
 After every fight, Mother got flowers, jewelry and a new car from the

dealership. We took the flowers to the hospital and she donated the jewelry to Hope

Alliance or the women's shelter.

I was at a friend's house the night Mother was killed. She had told me in the

morning that she had an important meeting with her lawyer, Jesse Herring, that day

and was afraid that Mitt would be looking for us. Meeting Jesse was the best thing that

ever happened to my mother. She started to come out of her shell as soon as the

divorce was filed. I do not know what the "important" meeting

was about.

I remember the red purse, belt and red shoes. I was with Mother when she

bought them at an Italian shoe store in downtown Mowaka, Texas on the weekend

before she died. The purse was a zippered clutch with a red strap. The strap had white

top stitching.

After Mother was killed, Mitt never said a word to me. He hired a nanny to

care for me and just disappeared. After school got out in June 1997, Bill and Ann

Murray (my mother's uncle and -aunt) came to Creighton to collect me and my things

and I left Creighton for good.

I met Jesse Herring about six months before Mother was killed. He was

volunteering at Hope Alliance with Mother. They worked so well together and

obviously enjoyed each other's company. Jesse's wife had cancer and I could tell he

was lonely. At the end of each day, he always asked Mother when she would be back.

He and I talked a lot about my dreams. He was so kind.

In late January 1997, I went with Mother to Jesse Herring's office when she

finally agreed to file for divorce. She was scared. We both were. She had agonized
45
over the decision and I think she was relieved when Mr. Herring helped her make it.

Mitt came over to our house on Valentine's Day with a couple of his friends to

move his things. He was supposed to call in advance so Mother could have a

policeman stand by, but he just showed up. He and his friends were loud and rude.

When he saw that she had put her wedding ring with his stuff, he exploded. He

refused to take it. He broke a lamp and some dishes and made some threats. As he left,

he stopped at the door and looked Mother right in the eye and said, "It won't end in

court, Ellie. You will not embarrass me in my town. Remember your vows, Ellie: 'til

death do us part." His buddies laughed. But Mitt was not laughing. And Mom sure

wasn't either. She was just as scared as Mitt intended her to be.

I told all of this to Detective Hurst after Mother died. Mitt had one of his

buddies, Georgy, lie for him and he got away with murder, just like OJ!

When I turned 18, I had my last name changed to Marin. I hate the name

Ganzer and what it stands for. Mother's best friend from high school, Brenda, lives in

San Rafael and Mother used to talk about moving to Marin County to be close to

Brenda. They spent hours talking on the phone every week.

I hereby declare under penalties of perjury under the laws of the State of Texas

that the foregoing statement is true and correct.

Dated this 22nd day of June, 2010.

_______________________________________________

Greta Marin

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 Declaration of Jerry/Jeri Braden

Jerry/Jeri Braden hereby declares:

My name is Jerry/Jeri Braden. I was born on February 14th, 1979 in Olympia,

Washington. I moved to Creighton, Texas when I was 12, and graduated from Sunset

High School in 1996.

While I was in high school, I got into a bit of trouble behind my love of

driving and my inability to afford wheels of my own. I picked up a bunch of charges

of "taking and riding a motor vehicle without owner's permission" or joyriding. I did a

little time in the juvi-joint and I think it was good for me. Through some contacts I

made there, I got a job washing cars at the Ganzer Ford dealership.

Unfortunately, I lost that job when I took a Mustang off the lot one lunch hour

and got sideswiped by the speaker post at a drive-thru fast food place. It really wasn't

fair that I got canned, other lot attendants were doing the same thing, it's just that I

was the one who got caught.

On April 3rd, 1997 I was working at valet parking at the Hilton Hotel in

Creighton. That day I worked the late shift from 4:00 p.m. to closing. Tony Parker

called in sick; so there were only two of us at the valet stand. When I came back from

my break at 7:00 p.m. I saw Mr. Ganzer's black Hummer in the VIP section of the lot.

I know it was Mr. Ganzer's because I saw him in the bar when I walked through the

Hotel and he owned the only Hummer in town. I did not see anyone with him at that

time and there was only one glass on the table when I passed by.

At about 8:00 p.m. I was sent on an airport pick-up run and did not return until

after 8:30 p.m. I did not see the Hummer in the VIP lot when I returned, but I was

pretty busy with the luggage for the new arrivals. I am sure it was gone at 9:00 p.m.
47
because I parked Dr. Keller's Mercedes SL 500 in the extra-wide parking spot where

the Hummer had been. The Hummer showed up parked near the VIP stand at 10:00

when I ran to get Dr. Keller's car. I don't think I would have missed seeing the

Hummer up front when I got back from the airport. Besides, why would it be moved if

Mr. Ganzer did not leave.

I do not recall seeing the black Porsche Carrera at the Hilton on April 3rd. It

was busy and there were only two of us working. But the valet attendants fought over

cars like that. We used to drive the nice ones around and around the hotel looking for a

"perfect" parking spot. Then we would always find a nice spot up front by the valet

stand. It was hotel policy to have fancy cars parked near the entrance. A black Porsche

Carrera would have been right next to the entrance.

I think I saw Mr. Herring driving downtown when I was on my way to

the airport that night. He was alone in his Subaru with the bike rack on top. He was

driving pretty fast and was headed back toward his office.

I know Mr. Herring. He helped me out with some of my old legal stuff and I

used him again last year when I came home for Christmas and got picked up on an old

warrant for an unpaid fine. I did not know that Creighton kept traffic violations in the

computer for 10 years. He proved again that he's the best — he got me off.

In 2001, I left Creighton to work for Nike in Beaverton, Oklahoma. Mr.

Herring and others convinced me to leave the world of fast cars behind and I got into

fast feet. I have not been back since. Today, I am in the soccer promotions division at

Adidas. I spend a lot of time traveling to Europe. If you want to contact me, the best

way is the email me at ibraden77@hotmail.com.

48
 I hereby declare under penalties of perjury under the laws of the State of Texas

that the foregoing facts are true and correct.

Dated this 22nd day of June, 2010.

_____________________________________________

Jeri/Jerry Braden

49
 Declaration of Danny (Danielle/Daniel) Riley

Danielle/Daniel Riley hereby declares:

My name is Danielle/Daniel Riley. I was born on March 1, 1959 in Des

Moines, Iowa. I graduated from high school in 1978. I graduated from Milnar College

in 1982 with a Bachelor of Science degree in biology. I received my degree in nursing

in 1986 from Southwestern Oklahoma State University. I was then hired by Cedar

Regional Medical Center in Creighton, Texas and was a nurse in the intensive care

unit at the hospital for 7 years. I left Cedar Regional in 1993 to become a hospice

nurse at Phoenix House.

I met Jesse Herring and began visiting Susan Herring in February 1997. At

first, I visited Ms. Herring two times each week. In March, while she was undergoing

chemotherapy treatments, I visited four times each week, on Monday, Tuesday,

Wednesday and Thursday. Some days, Maria Herrera from our organization visited

Susan instead of me.

The service that we provide is an essential part of patient care. Family

members can only do so much. Mr. Herring did a lot and I am convinced he was

devoted to his wife's care. He was always attentive to her needs and responsive to any

suggestions that we made. He also always paid his bill on time and thoughtfully

included a gratuity for the individual caregivers.

I was with Susan Herring in her home from noon until 8:45 p.m. on Thursday,

April 3rd, 1997. Jesse did not come home until after 8:30 p.m. He called twice during

the day to check on Susan; once around 3:00 p.m. and again around 5:00 p.m. He

usually came home at around 6:00 p.m. But several times in February and March he

came home later. He would always call to let Maria or I know he would be late. When
50
he called around 5:00 on April 3rd, he told me he had to work late.

Jesse came home on the 3rd after 8:30 p.m. but not much later. I left about

30 minutes after he got home. I talked with him for about ten minutes to give him

some care and medication instructions for the night. He looked stressed and

distracted. He had a hard time paying attention and kept asking me to repeat my

instructions. He was dressed in a suit. I did not notice a scratch on his right hand. I

think I would have noticed it when I handed him my daily report and the medicine

bottles, but I can't say for sure. If he had an injury, he might have asked me for my

help in dressing it properly or he might have preferred not to trouble me, I really

can't speculate.

I did not see Jesse Herring again until Monday, April 7th when I arrived at

noon to find him at home. But I did hear from him again on Thursday evening (April

3rd). He called me around 10:00 p.m. I missed the call and he left me a message. He

asked me to repeat one of the medication instructions I gave him. He said Susan was

restless and in pain, and he wanted to know if she could have another dose of pain

medication. According to the screen on my cell phone, Jesse called from his cell

phone.

The medication record we kept at the house did not reflect that Susan received

any medication after I left the house. We have stressed the importance of maintaining

an accurate medication record. But sometimes family members forget to fill it out. I

did not count the pills in the bottle so I cannot state whether Jesse gave Susan the

extra dose of pain medicine he called about.

During March and April, Susan Herring was receiving chemotherapy

treatment at Cedar Regional. When she was at home, she spent 80% of her time in
51
bed and most of that time she slept. She had a treatment on Wednesday, April 2nd. She

was quite weak and was having trouble eating.

I continued to provide care for Susan Herring until her death later that year.

Upon her passing, I observed Mr. Herring to grieve deeply and genuinely. I called

him several times in the aftermath of that. I wanted to let him know I was available to

give him emotional support in that difficult time. I had come to see us as potential

friends and still do although I haven't seen him for a number of years. He must have

felt he didn't need my help as he didn't return my calls.

I hereby declare under penalties of perjury under the laws of the State of

Texas that the foregoing statement is true and correct.

Dated this 22nd day of June, 2010.

_________________________________________________

Danny Riley

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EXHIBITS

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EXHIBIT 1

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EXHIBIT 2

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EXHIBIT 3

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EXHIBIT 4

57
EXHIBIT 5

58
EXHIBIT 6

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