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People v. Kraft

8/10/2000

ng was only 25 miles from the airport, defendant drove his rental car a distance of 993 miles between July 16 and July 18.


A camera bearing the initials "MJO" and identified by O'Fallon's mother and brother as the camera Michael O'Fallon took with him on his trip was found in the search of defendant's garage.


The prosecutor argued to the jury that the entry "PORTLAND DENVER" on defendant's list referred to O'Fallon.


4. Murder of "John Doe Oregon"


About 4:20 a.m. on July 18, 1980 (the day after O'Fallon's body was found), the body of another deceased White male was discovered on the side of Interstate 5 about a mile south of Woodburn, Oregon. The victim, whose age was estimated at 35 to 40 years, was never identified. The victim's belt and bootlaces were missing.


The cause of death was ligature strangulation. A ligature mark about one-half-inch wide was around the victim's neck. The victim's blood contained alcohol (0.06 percent) and diazepam.


The prosecutor argued to the jury that the entry "PORTLAND ELK" on defendant's list referred to "John Doe Oregon"; he reached this conclusion by process of elimination as all the other "PORTLAND" entries appeared to represent the other Oregon victims.


5. Murder of Michael Cluck


On April 9, 1981, Michael Cluck, then 17 years old and living in Kent, Washington, told his mother he was going to hitchhike to Bakersfield or Southern California to get a job. Cluck stood five feet eight inches tall and weighed 160 pounds. Cluck took with him a shaving kit his grandmother had given him. Cluck's name was on the kit.


About 8:39 a.m. the next day, Cluck's body was found in a ditch on the side of Pebbles Road about 500 feet from Interstate 5 in Oregon. The body was nude from the waist down. There was considerable blood in the facial area and blood smears on other exposed portions of the body. When found, the body was still warm to the touch.


Death had resulted from 16 wounds to the back of the head, which had caved in the victim's skull. There was a laceration and blood loss in the area of the rectum. The victim's blood contained alcohol (0.09 percent), bromodiphenylhydramine, chlorpheniramine and codeine. His urine contained norephedrine, codeine metabolites, flurazepam metabolites and chlorpheniramine.


On the day Cluck's body was found, defendant sought medical attention in Tualitin, Oregon. He reported to the physician that he had badly bruised his toe about 3:00 a.m. that morning while moving about barefoot in his motel room to turn on the television to watch the launching of the space shuttle.


Cluck's shaving kit was found underneath some clothes in a drawer in the hallway of defendant's house.


The prosecutor argued to the jury that the entry "PORTLAND BLOOD" on defendant's list, alluding to the large quantity of blood at the murder scene, referred to Michael Cluck.


6. Murder of Brian Whitcher


In the early morning hours of November 24, 1982, a dead body later identified as that of Brian Whitcher was found south of Wilsonville, Oregon, on the fog line of Cambry-Hubbard Road, which runs parallel to Interstate 5. There was no belt in the victim's pants, and the victim's feet were bare. The body had been thrown from a moving vehicle. The cause of death was asphyxiation, and there was a ligature mark on the victim's neck about two and one-half inches long and one-half inch wide. Whitcher's blood contained alcohol (0.31 percent) and diazepam.


Defendant was working at Peerless in Tualitin, Oregon, on November 23 and 24, 1982. He drove a rental car 232 miles during that p

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