Framed by the FBI: A dozen reasons the 'Omaha Two' deserve a new trial (4 of 6)

"Lt. Perry's testimony that Delia Peak told him that Duane Peak, Edward Poindexter and David Rice [Mondo we Langa] were constant companions is in no way corroborated by the remainder of the record before me.  The police report of her interview reveals nothing about Duane Peak's being a constant companion of David Rice's, and the rights advisory form she signed indicates that only Sgt. R. Alsager and Richard Curd were present for her interview.  Moreover, her interview did not begin until the very hour police first approached David Rice's house and was not completed until after the decision had been made to enter his house.  The police report of her interview also reveals she had seen Duane Peak at about 5:00 p.m. the night before.  Thus, it simply is not so that Duane Peak's family had not seen him in the two days before they had entered the petitioner's house and is persuasive that Delia Peak's family did not make a contrary statement.  Finally, there is no indication in the police reports of interviews with Duane Peak's family prior to the entry of Rice's house that they were concerned that he might have been eliminated.  On the basis of the entire record before this court and having heard and seen Lt. Perry testify, it is impossible for me to credit his testimony in the respects mentioned." 

Perry also claimed that Donald Peak had implicated Mondo we Langa, an allegation that Judge Urbom flatly rejected.  "Had Donald Peak, Jr. so implicated David Rice, surely a similar arrest warrant for him would have been issued at that time.  Given these facts I simply cannot credit this testimony of Lt. Perry." 

Perry talked with a British film crew in the 1980's and discussed the case.  "He [Mondo we Langa] was very free about what he thought the answers to these problems were and they generally included killing police officers.  Ed Poindexter, not as vocal, was always present, always around….Well there wasn't a policeman on the job who didn't know who done that.  It was just a matter of being able to prove it.  And that is what we done."

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