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Thread: Joshua Graham Packer Sentenced in 2010 CA Slayings of Brock and Davina Husted

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    Joshua Graham Packer Sentenced in 2010 CA Slayings of Brock and Davina Husted


    Brock and Davina Husted


    Joshua Graham Packer


    Details of Husted killings revealed in search warrant documents

    The armed intruder demanded cash and jewelry when he burst into the Husted home in Faria Beach the night of May 20, 2009.

    Davina and Brock Husted’s 9-year-old son told sheriff’s detectives he helped his parents get cash for the man wearing the black motorcycle helmet. The boy later also got his mother’s purse to give to the intruder in hopes to get him to go away.

    But by then the man had grabbed a knife from a kitchen butcher block and was stabbing the Husteds in a back bedroom while their son hid behind the living room couch.

    The man then fled the same way he came into the house, via the beach, not harming the boy and his sleeping 11-year-old sister. The parents had urged him not to hurt the children and he had agreed, the son told detectives.

    Details surrounding the slayings of Brock and Davina Husted and their unborn child were in affidavits in support of search warrants that were unsealed last week by Judge Bruce Young.

    Joshua Graham Packer, 20, was arrested in April after his DNA was linked to the Husted killings.

    Packer was indicted July 22 on three counts of first-degree murder along with two counts of first-degree robbery and one count of first-degree burglary. Packer is charged with three special allegations of using a knife to commit the three murders. Also, Packer was indicted for three counts of using a firearm to commit the robberies and the burglary.

    He is charged with three special allegations which make him eligible for the death penalty, said Chief Deputy District Attorney Michael Frawley. “By late October we are planning on having a decision,” Frawley said Thursday.

    Frawley has said there are no other suspects.

    Sources have told The Star that DNA was found on the visor of a motorcycle helmet found under Brock Husted’s body. DNA was also found under Brock’s fingernails, the source said.

    Packer’s DNA was collected following his January arrest on suspicion of a Santa Barbara gas station robbery under a new California law that allows collection of DNA samples in all felony arrests.

    Judge Edward Brodie set the trial for March 1 with pre-trial motions set to begin on Feb. 1.

    There were 18 search warrants served after the stabbings. Detectives served searched warrants to collect evidence like telephone records, blood stains, fingerprints, DNA, clothing, human hairs, fibers, documents and clothing.

    In the affidavit to support the search warrants, detectives said the Husteds’ son told them he was sitting on the couch watching the news after he and his parents had just finished watching the season finale of “American Idol” TV show. Detectives said the show ended about 10:15 p.m.

    The suspect came into the home from the beach and demanded money and jewelry, and Davina Husted told her son to get her wallet from her purse and take the cash out of the wallet, according to the affidavit. The boy got his father’s wallet and gave it to the suspect along with the cash from his mother’s wallet, court records show.

    “(He) did as he was told and placed Davina’s cash and Brock Sr.’s wallet on the floor near the suspect,” the affidavit states, adding that the suspect picked up the money and Brock’s wallet.

    His parents made the suspect promise not to hurt their children, and he promised he wouldn’t. The boy said he saw his father “run hurriedly” down the hallway toward their bedroom with his mother running behind him and the intruder following them.

    The boy told his aunt that he thought he could defuse the situation by bringing his mother’s purse and offering it to the suspect, which he began to do, according to the court affidavit.

    “(The boy) told her as he was walking toward the master bedroom, he heard Davina scream and dropped her purse and hid again,” the aunt told a detective, according to an affidavit.

    There was a purse on the kitchen floor of the beach house that appeared to have been knocked off the counter, a homicide sergeant stated in a court document.

    After the intruder left the house, the boy went to the bedroom where he saw his parents’ bodies. He then woke up his sister from her bedroom and told her what had happened.

    After both children checked on their parents, they locked themselves into their parents’ room and then climbed out a bathroom window and ran to a neighbor’s house.

    The boy who gave a detailed description of the suspect’s clothing and said the suspect was a “dark-skinned African American with blue eyes and a deep voice.”

    Packer is white.

    “ He noticed the suspect’s eye color when the suspect looked directly at him,” according to court documents.

    http://www.vcstar.com/news/2010/sep/02/details-of-husted-murders-revealed-in-search/?partner=yahoo_feeds#ixzz0yQOcuDGy

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    Packer had hand cut, says affidavit

    Joshua Graham Packer showed up for work as a security guard the day after Davina and Brock Husted were killed last year looking uncharacteristically disheveled, with a gash on his hand, co-workers told detectives.

    He said he had been in a motorcycle crash, but his co-workers joked “with Packer about him being the person involved with the murders at Faria Beach,” a sheriff’s deputy wrote in an affidavit supporting a search warrant served on Packer.

    “(A co-worker said) Packer didn’t noticeably respond to the comments,” the deputy wrote.

    Packer, 20, was arrested 11 months later and charged with the stabbing deaths of the Husteds and their unborn child. The stabbings occurred May 20, 2009.

    DNA found underneath Brock Husted’s fingernails and on a motorcycle helmet visor left at the crime scene linked Packer to the stabbings, according to the affidavit.

    But police are puzzled about why Packer targeted the Husted family, who lived in a beach house inside the quiet Faria Beach community, which was shaken by the slayings.

    “Although we do not believe this murder was the result of a home invasion robbery, we are still unclear as to why this suspect targeted Brock and Davina Husted, who lived in an isolated gated community on the beach,” a Ventura County Sheriff’s Department detective stated in the affidavit filed July 29.

    The killer came into their home through the sliding doors facing the beach and demanded money and jewelry, court records show.

    An autopsy shows that Brock and Davina Husted died from multiple stab wounds. Davina Husted had been stabbed 30 times and Brock Husted more than 20 times.

    Packer was indicted July 22 on three counts of first-degree murder, two counts of first-degree robbery and one count of first-degree burglary. Packer is eligible for the death penalty, but prosecutors have not decided whether to seek it.

    The arrest came after DNA collected from Packer after an arrest in Santa Barbara County was matched to the DNA from the Husted scene.

    According to an affidavit filed in July 2010, on the Friday after the Husted slayings Packer’s security guard co-workers joked among themselves that Packer was the person involved. He said he had crashed his motorcycle and came to work with a large cut on his hand that looked like a gash.

    A female co-worker said Packer was always on time for work, very neat and professional. He never missed work and had his boots shined. The day after the slayings, she said, Packer appeared unkempt and his boots were a mess, according to the affidavit.

    A co-worker who had tried to talk Packer out of buying a motorcycle said that day he was limping and had scratches on his helmet and a “big cut” on his hand. The co-worker said Packer was “all messed up.” Packer told him that he had “hit some sand.”

    The male co-worker said Packer spoke often about motorcycles, jiu-jitsu, the Ultimate Fighting Championship and martial arts.

    A female co-worker described Packer as a “kid right out of high school” who was nice and always tried to get her attention at work by saying hello.

    There were 18 search warrants served after the stabbings. Detectives served search warrants to collect evidence like telephone records, blood stains, fingerprints, DNA, clothing, human hairs, fibers, documents and clothing.

    This year, detectives searched Packer’s girlfriend’s house. He had called her numerous times on the day of the stabbings. His girlfriend told a detective that she had bought a motorcycle for Packer and that he was going to pay her back over time. She also purchased a black helmet for him, according to the detective.

    She told detectives in April that she and Packer were no longer dating but remained friends.

    Detectives searched Packer’s Ventura residence April 11. A detective observed several books in a shelf relating to mass murder investigations, unsolved crime mysteries and criminal law.

    In the affidavit filed with the 2009 search warrants, detectives told the court they were exploring leads at that time that were linked to a Brock Husted business in Pismo Beach and to a woman whom a friend identified as a longtime mistress of Brock Husted.

    http://www.vcstar.com/news/2010/sep/03/faria-beach-suspect-looked-disheveled-day-after/?partner=yahoo_feeds#ixzz0yYqXHNnl

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    DA to seek death penalty in Faria Beach slayings

    The district attorney announced Tuesday that he will seek the death penalty against Joshua Graham Packer in the murders of Brock Husted, his wife Davina and the couple’s unborn baby at a beach house in the gated community in Faria Beach.

    Chief Deputy District Attorney Michael Frawley said District Attorney Greg Totten made the decision to seek the death penalty after he got recommendations from his top supervisors.

    “His top managers give recommendations after reviewing all the evidence and factors involved in the case,” Frawley said. “But at the end of the day, the district attorney makes the decision.”

    Packer’s lawyer, Benjamin Maserang with the Public Defender’s Office, said a “tremendous amount of mitigation” was presented to prosecutors in late October detailing why Packer wasn’t a candidate for the death penalty if he was found to be the killer.

    “We are very disappointed in the district attorney’s decision to seek death against Joshua Packer,” he said.

    Packer, 21, was arrested on April 11 after his DNA was linked to the brutal slayings that shocked the community.

    An autopsy showed Brock and Davina Husted died from multiple stab wounds. Davina had been stabbed 30 times and Brock Husted more than 20 times on May 20, 2009.

    Packer has entered pleas of not guilty and has denied the special circumstances.

    The next hearing is set for Jan. 5, according to court records. A pre-trial hearing is set for Feb. 1.

    The case is set for trial March 1.

    “The prosecution wants to go forward on that date. We’ll be ready,” Frawley said.

    The Husteds’ families were told about the decision to seek the death penalty before a public statement was issued. Frawley declined to say how they reacted.

    Packer was indicted July 22 on three counts of first-degree murder along with two counts of first-degree robbery and one count of first-degree burglary. Packer is charged with three special allegations of using a knife to commit the three murders. Also, Packer was indicted on three counts of using a firearm to commit the robberies and the burglary.

    Prosecutors charged Packer with three special circumstances of committing the murders in the course of a robbery and a burglary and committing multiple murders.

    Maserang said there are serious questions about whether Packer committed these crimes.

    “I believe in the months ahead as the public becomes more aware of the deficiencies in the investigation and some of the evidence that’s been offered to the public, they will see there are some serious questions of whether Mr. Packer committed this offense or whether he was involved in it at all,” said Maserang.

    The factors involved in seeking the death penalty are outlined in the state’s penal code and include what aggravating and mitigating circumstances can be considered, Frawley said.

    “In this case, he (Totten) obviously found the circumstances of the crime were weighed hugely in favor of the aggravating circumstances and thinks we should seek the death penalty,” said Frawley. “We go beyond what they (Public Defender’s Office) present us. We want to know a lot more than they tell us. So we try to do our own background investigation.”

    Frawley said this includes finding out about the defendant’s past, including his mental and criminal history. “Even if some things are not admissible in court, we try to weigh those in our decision about what’s appropriate,” he said.

    http://www.vcstar.com/news/2010/dec/...#ixzz18BcvoYXJ

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    New charges for alleged SoCal beach house killer

    VENTURA, Calif. (AP) - New criminal charges have been filed against a man accused of killing a couple and their unborn child at a Ventura County beach house.

    The Ventura County Star says a judge ruled Wednesday that there's sufficient evidence to hold 21-year-old Joshua Packer of Ventura for trial on charges of battery, hit & run and dissuading a witness. Authorities say he struck a parked car, confronted the owner and fled in 2009.

    The accident occurred nearly seven months after Brock Husted and his pregnant wife, Davina, were stabbed to death in May 2009 at their Faria Beach home.

    Prosecutors say Packer killed them during a robbery. He was arrested nearly a year later after DNA tests allegedly linked him to the killings. Prosecutors are seeking the death penalty.

    http://www.kswt.com/Global/story.asp?S=13794697

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    Faria Beach Murder Trial Could Be Delayed



    The young man arrested in the Faria Beach triple murders appeared in court on Tuesday. However, his appearance had to do with two other criminal cases that may go to trial before the murder case.

    Joshua Packer could face the death penalty for the May 2009 murders of Brock and Davina Husted and their unborn child.

    But before the murder trial gets underway, the 21-year-old may be tried for felony assault-- related to a hit and run accident that happened months after the murders.

    Packer is also facing a trial for battery, linked to a fight that happened when he was a hospital patient.

    During Tuesday's proceedings a judge entered not guilty pleas on behalf of Packer.

    Relatives of the Husteds say they understand that the legal moves mean the triple murder trial which is scheduled for March 1st, is likely to be delayed.

    Prosecutors say they are ready to go to trial, but if Packer is convicted of a felony before the murder trial they will use the conviction in the penalty phase of the capitol murder case.

    http://www.keyt.com/news/local/Faria...115070549.html

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    Packer's lawyer wants murder indictment tossed out

    A lawyer for murder suspect Joshua Graham Packer wants a judge to reconsider a decision upholding a grand jury indictment, alleging prosecution misconduct because information about a latent fingerprint found at the crime scene was not disclosed.

    In a motion filed Thursday, Packer's lawyer, Benjamin Maserang, said the fingerprint lifted from a plastic motorcycle helmet visor didn't match Packer's or those of the victims, Brock and Davina Husted.

    The case is scheduled for a status hearing Tuesday.

    This is the second motion to dismiss the indictment. The first motion alleged the prosecution failed to disclose evidence to the grand jury that there could have been two people who entered the Husteds' Faria Beach home the night they were killed. Last year, Superior Court Judge Charles Campbell denied the first motion.

    Prosecutor Michael Frawley said the defense's latest motion has no merit. He described the allegations as "nonsense" that will get tossed out of court.

    "They are going to be embarrassed," said Frawley, a chief deputy district attorney.

    Frawley said prosecutors weren't required to provide "non-evidence" to the grand jury about a fingerprint on the helmet that got there "who knows when."

    Packer, 21, of Ventura is accused of murdering the Husteds and their fetus — Davina was pregnant — on May 20, 2009, at the family's house in a gated community in Faria Beach. Packer was arrested April 11, 2010.

    Packer's DNA was found on the visor of a motorcycle helmet found under Brock Husted's body and under Brock's fingernails, according to court documents. Prosecutors claim the motive was robbery.

    Packer is charged with three counts of first-degree murder and other felonies, including robbery, burglary and the special circumstances of committing multiple murders, committing murders during the robbery and committing murders during a burglary.

    The district attorney is seeking the death penalty.

    Maserang, who works for the Public Defender's Office, accused Frawley of hiding the fingerprint evidence and only disclosing it Feb. 1 through an e-mail to the defense.

    "The prosecution did not disclose this until 28 days before the case was scheduled for trial, and not until the defense filed a motion to compel discovery of exculpatory evidence demanding discovery of any reports, including written communications, concerning latent fingerprints that appeared to be on the visor," Maserang wrote in his legal petition.

    Frawley said the district attorney provided all the information required by law.

    Attorney Tim Quinn said the dismissal of an indictment would mean prosecutors having to start all over again in the criminal proceedings. Quinn, a veteran defense attorney not involved in the Packer case, said prosecutors would have to go back to the grand jury and give them evidence that wasn't provided to jurors the first time.

    Prosecutors are required to present to the grand jury any evidence, including exculpatory evidence, which tends to show the defendant wasn't guilty.

    On Nov. 24, Judge Campbell denied a motion filed by Maserang to dismiss the indictment because Frawley allegedly failed to disclose to the grand jury that the Husteds' 9-year-old son described the killer as an African-American man with blue eyes. Maserang pointed out that Packer is white with brown eyes.

    Maserang maintains Frawley should have disclosed there was evidence suggesting two people may have entered the Faria Beach home. If one was Packer, Maserang said, his role was "unclear" because the suspect seen by the son didn't resemble Packer.

    Frawley argued there was no evidence that anyone besides Packer was in the home.

    Grand jury transcripts indicate the' son testified before the grand jury and described the suspect. Frawley said the boy was scared and sweating when he saw the killer dressed in black with a black helmet. The boy admitted that initially he told police he could have been black, according to Frawley.

    In denying the motion in November, Campbell found the omissions by the prosecutor were insufficient to set aside the grand jury indictment, court records indicate.

    Maserang said Frawley's Feb. 1 e-mail disclosed another "troubling fact." Although the latent fingerprint from the visor was compared to prints of 16 people, Maserang said, Frawley's e-mail stated "no report exists" of those fingerprint comparisons.

    http://www.vcstar.com/news/2011/feb/...#ixzz1DhXlGFOz

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    Murder suspect in court on 3 unrelated charges

    A 21-year-old man charged with capital murder in connection with the deaths of a Ventura couple and their unborn child is being tried this week in an unrelated incident involving a 2009 hit-and-run accident.

    Jury selection was under way Monday in Ventura County Superior Court in the trial of Joshua Graham Packer on three felony charges: dissuading a witness, being involved in a hit-and-run accident and battery, stemming from a Dec. 11, 2009, traffic incident involving one victim, according to prosecutors.

    Packer, of Ventura, also is accused of killing Brock Husted; his wife, Davina; and the couple's unborn child on May 20, 2009, at the family's beach house in Faria Beach north of Ventura. The District Attorney's Office is seeking the death penalty.

    Packer's DNA was discovered on the visor of a motorcycle helmet found under Brock Husted's body and under Husted's fingernails, according to court documents. Packer was arrested in connection with the murders on April 11, 2010.

    Prosecutor Anthony Sabo said in an interview Monday that the district attorney decided to move forward on the hit-and-run charge, despite the pending capital murder case, because every victim is entitled to a day in court.

    "There is a victim in this case, and that's important," Sabo said.

    In an earlier preliminary hearing, Ventura police officer Mary Eltz testified about the hit-and-run accident. She said Packer told her a water bottle got stuck between his foot and his SUV's accelerator, causing him to crash into a vehicle parked in front of a house. She said Packer said the resident who owned the vehicle shoved him, and Packer got upset and left the scene.

    An investigator testified Packer had begged the owner of the vehicle not to call police. He said Packer grabbed the resident's hand to prevent him from calling 911.

    Chief Deputy District Attorney Michael Frawley said if prosecutors get a conviction on unrelated felony or misdemeanor crimes, they can use it against the defendant in the capital murder trial.

    Packer who has pleaded not guilty to all the criminal charges against him, is being represented by attorney Gay Zide of the Public Defender's Office.

    In addition, Packer is charged with misdemeanor battery and felony assault with force likely to produce great bodily injury stemming from a Nov. 7, 2009, incident at Ventura County Medical Center. Prosecutors allege Packer had an altercation with security guards while he was a patient there.

    Sabo said that incident is pending trial and a hearing is set for April 21.

    http://www.vcstar.com/news/2011/apr/...#ixzz1IbV2iwuP

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    Judge closes courtroom in Packer hit-and-run trial

    The courtroom doors were closed Friday in the trial of 21-year-old Joshua Packer on charges of being involved in a hit-and-run accident, dissuading a witness and battery stemming from a 2009 incident.

    Ventura County Superior Court Judge Brian Back ordered that the key prosecution witness against Packer be allowed to testify behind closed doors because he suffers from agoraphobia and severe anxiety disorders, according to prosecutor Anthony Sabo. Back made the decision after Damian Perea's lawyer, Brian Vogel, filed a motion to close the courtroom.

    It was closed after the lunch break at 1:30 p.m. until jurors left shortly before 5 p.m.

    Packer also is charged with the murders of a Faria Beach family in 2009 — Brock Husted, his wife, Davina, and the couple's unborn child. The three felonies he was in court for on Friday are unrelated to the murder charges.

    The district attorney is seeking the death penalty in connection with the deaths of the Husteds in a case that has attracted national attention.

    Sabo said neither he nor Packer's lawyer, Gay Zide, opposed the closure of the courtroom Friday. Sabo said he didn't oppose it because of the health issues of the witness. Zide, who works at the Public Defender's Office, declined to comment.

    If prosecutors get convictions on the felony hit and run and other charges, they will be able to use them as evidence in the capital murder trial, Chief Deputy District Attorney Michael Frawley said.

    The U.S. Supreme Court's 1980 case Richmond Newspapers vs. Virginia states criminal trials must be open to the public unless there is a compelling reason in closing them, and only after a hearing concludes that no other means exist to protect the defendant's right to a fair trial.

    Sabo said there was a lot of discussion before the judge decided to close the courtroom.

    "I think he made the right decision based on all the factors that he was confronted with," Sabo said.

    The December 2009 traffic incident that led to the charges occurred after Packer allegedly crashed into a vehicle parked in front of a house in Ventura.

    In an earlier preliminary hearing, Ventura police Officer Mary Eltz testified about the incident. She said Packer told her a water bottle got stuck between his foot and his SUV's accelerator, causing him to crash into a vehicle parked in front of a house. She said Packer said the resident who owned the vehicle shoved him, and Packer got upset and left the scene.

    An investigator testified Packer had begged the owner of the vehicle not to call police. He said Packer grabbed the resident's hand to prevent him from calling 911.

    In addition, Packer is charged with misdemeanor battery and assault with force likely to produce great bodily injury, a felony, stemming from a Nov. 7, 2009, incident at Ventura County Medical Center. Prosecutors allege Packer had an altercation with security guards while he was a patient there.

    Sabo said the Nov. 7, 2009, incident is pending trial. A hearing is set on that case for April 21.

    http://www.vcstar.com/news/2011/apr/...#ixzz1J36tAPS8

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    Murder trial defendant guilty in unrelated case

    The man charged with the 2009 stabbing deaths of a couple and their unborn child in their Ventura County beach house has been convicted in a separate case involving a hit-and-run car crash.

    A Ventura jury on Wednesday found 21-year-old Joshua Graham Packer guilty of two misdemeanors and a felony for dissuading a witness related to a vehicle crash in December 2009, seven months after the beach house killings.

    The Ventura County Star says Packer crashed into a parked car and prevented the victim from calling police.

    Packer is facing a death penalty trial for the May 20, 2009, killings of Brock Husted, his wife Davina Husted and the couple's unborn child inside their Faria Beach home.

    http://www.sfgate.com/cgi-bin/articl...#ixzz1JVeaYZvT

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    Appeals court must hear defense motion to dismiss Joshua Packer indictment

    The state's highest court reversed a decision by the appeals court in Ventura, ordering it to hear a motion to dismiss the indictment against Joshua Graham Packer, who is accused of killing a Ventura couple and their unborn child.

    In a unanimous decision filed last week, six Supreme Court justices ordered the Court of Appeal, Second Appellate District, Division 6 to have the Ventura County Superior Court show why the dismissal of Packer's indictment should not be granted.

    Packer's lawyers maintain the indictment was tainted based on grand juror bias, arguing that Packer was denied due process. One of the grand jurors was an employee of the Ventura County Sheriff's Department, which conducted the investigation against Packer.

    The motion to dismiss was heard by Superior Court Judge Charles Campbell and rejected. The appeals court then refused to review it.

    Packer, 21, of Ventura is accused of murdering Brock and Davina Husted and their unborn child. On May 20, 2009, Packer allegedly entered the family's house in a gated community in Faria Beach wielding a firearm and demanding money.

    Packer was arrested a year later. His DNA was found on the visor of a motorcycle helmet found under Brock Husted's body and under Brock's fingernails, according to court documents.

    The district attorney is seeking the death penalty against Packer.

    Chief Deputy Public Defender Michael McMahon said in an interview Monday that in his 35 years in the legal profession he's never had a situation where a law enforcement employee was allowed to serve on a grand jury where evidence is being gathered against a defendant for an indictment.

    He said the grand juror in question works with the law enforcement agency that investigated Packer.

    McMahon maintains that Chief Deputy District Attorney William Frawley never informed the judge about the grand juror.

    Frawley accused McMahon of trying to create an issue where none exists.

    If the indictment was dismissed it would mean prosecutors would have to go back to the grand jury to get Packer re-indicted or go through a preliminary hearing with a judge presiding.

    In her legal written response to the defense's petition for review, prosecutor Michelle Contois said the grand juror was working with the High Tech Task Force of the Sheriff's Department. It analyzes computers and other electronic devices. Her primary function was processing payroll reports for the "narcotics side," she said.

    Also Contois said in the petition that grand jury Judge James Cloninger was aware of the grand juror's job. The juror had said she "might have received one computer" from the Packer case and put it in the evidence room.

    Frawley said the computer was taken from the Husted house.

    "There is no mention of Packer on the hard drive," he said.

    Packer is charged with three counts of first-degree murder and other felonies, including robbery, burglary and the special circumstances of committing multiple murders, committing murders during a robbery and committing murders during a burglary.

    http://www.vcstar.com/news/2011/jun/...#ixzz1PHCGoPwI

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