LINCOLN HOBBS (#4848) SARAH ORME (#13827)
HOBBS & OLSON | CARPENTER HAZLEWOOD 466 East 500 South, Suite 300
Salt Lake City, UT 84111 801-519-2555
lincoln@haolaw.com sarah@haolaw.com
MARK R. MOFFAT (#5112)
ANN MARIE TALIAFERRO (#8776) B
ROWNB
RADSHAW& M
OFFAT422 North 300 West Salt Lake City, UT 84103 801-532-5297
mark@brownbradshaw.com ann@brownbradshaw.com
Attorneys for Plaintiff Conrad Truman
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
CONRAD TRUMAN, Plaintiff,
v.
OREM CITY, a Utah municipality; OREM CITY POLICE DEPARTMENT, a division of Orem City; OREM CITY POLICE OFFICER THOMAS WALLACE, an individual; OREM CITY POLICE OFFICER WILLIAM CROOK, an individual; OREM CITY POLICE OFFICER ORLANDO RUIZ, an individual; OREM CITY POLICE OFFICER ART LOPEZ, an individual;
OREM CITY POLICE OFFICER TODD FERRE, an individual; DEPUTY UTAH
COUNTY ATTORNEY CRAIG JOHNSON, an individual; OFFICER(S) JOHN/JANE DOE 1- 10, individuals; and ATTORNEY(S)
JOHN/JANE DOE 1-5, individuals.
COMPLAINT AND JURY DEMAND
Case No. _________
Judge _________
Plaintiff CONRAD TRUMAN (“Plaintiff”, “Conrad”, or “Truman”), by and through counsel, complains and alleges against Defendants as follows:
PRELIMINARY STATEMENT
Plaintiff Conrad Truman was detained, questioned, searched, arrested, criminally charged, incarcerated, tried, convicted and imprisoned for more than 3 ½ years after his wife’s death. In the absence of the misleading, false and outright fabricated evidence knowingly advanced and used by these Defendants, Plaintiff would never have suffered the significant emotional and mental anguish, as well as the deprivations of liberty, privacy and property he has endured.
This is a civil rights action in which the Plaintiff seeks relief for the Defendants’
violations of his rights as guaranteed by both the United States and Utah State Constitutions, which rights are further secured by the Civil Rights Act of 1871, 42 U.S.C. § 1983 and § 1988.
This is further an action at law to redress a deprivation under color of statute, ordinance, regulation, custom, or usage of a right, privilege, and immunity secured to the Plaintiff by the Fourth, Fifth and Fourteenth Amendments of the Constitution of the United States, as well as the Constitution of the State of Utah.
Plaintiff seeks damages, both compensatory and punitive; affirmative and equitable relief; costs and interest; and any an all further relief that this Court deems just and equitable.
JURISDICTION AND VENUE
1. This action arises under the United States Constitution and federal law, particularly under the provisions of the Fourth, Fifth, and Fourteenth Amendments of the Constitution of the
United States, and 42 U.S.C. §§ 1983 and 1988.
2. This action also arises under the Utah Constitution, and particularly the self-executing provision under Art. 1, § 13.
3. This action seeks redress for violations of the civil rights laws of the United States, and jurisdiction is therefore invoked pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983.
4. This Court also has jurisdiction over any pendent State claims Plaintiff may wish to bring, or has brought, pursuant to 28 U.S.C. § 1367.
5. The claims made in this Complaint occurred and arose in the State of Utah, in this District, and in the Central Division. Venue is therefore proper under 28 U.S.C. § 1391 and 28 U.S.C. § 1331.
6. Plaintiff is seeking damages under federal law pursuant to the claims for relief specified below, in amounts to be proved at trial.
7. This Court has authority to award costs and fees pursuant to 42 U.S.C. § 1988.
PARTIES
8. Plaintiff Conrad Truman is an individual currently residing in Beaver County, State of Utah. Conrad Truman’s wife, Heidy Truman, died on October 1, 2012 in Orem, Utah.
9. Defendant Orem City (“CITY”) is a municipality organized under the laws of the State of Utah. CITY is responsible for the supervision, training, official polices, customs, and actual practices of its agents, including the Orem City Police Department and the officers employed by them.
10. Defendant Orem City Police Department (“OCPD”) is a division of the CITY. OCPD is
also responsible for the supervision, training, official polices, customs, and actual practices of its
agents and the officers employed by them.
11. Defendant Thomas Wallace (“WALLACE”) is or was employed by the Orem City Police Department as a police officer, and at all times applicable to this action, was acting under the authority of the City and the OCPD in his capacity as an Orem City law enforcement officer.
WALLACE was “lead investigator” throughout the investigation and criminal prosecution of Conrad Truman, and participated in the fabrication of evidence, making false and misleading statements in numerous warrant and investigative subpoena affidavits, making false statements to the Utah State Deputy Medical examiner, and in the criminal prosecution of Conrad Truman.
12. Defendant William Crook (“CROOK”) is or was employed by the Orem City Police Department as a police officer, and at all times applicable to this action, was acting under the authority of the City and the OCPD in his capacity as an Orem City law enforcement officer.
CROOK was one of the first responders in the Truman home in the hours surrounding Heidy Truman’s death, and participated in the illegal detention, interrogation, destruction of evidence, fabrication of evidence, investigation, and in the criminal prosecution of Conrad Truman.
13. Defendant Art Lopez (“LOPEZ”) is or was employed by the Orem City Police
Department as a police officer, and at all times applicable to this action, was acting under the authority of the City and the OCPD in his capacity as an Orem City law enforcement officer.
LOPEZ was one of the officers who responded to the Truman home in the hours surrounding Heidy Truman’s death, and participated in the illegal detention, interrogation, destruction of evidence, fabrication of evidence, investigation, and in the criminal prosecution of Conrad Truman.
14. Defendant Orlando Ruiz (“RUIZ”) is or was employed by the Orem City Police
Department as a police officer, and at all times applicable to this action, was acting under the
authority of the City and the OCPD in his capacity as an Orem City law enforcement officer.
RUIZ was one of the officers who responded to the Truman home in the hours surrounding Heidy Truman’s death, and participated in the illegal detention, interrogation, investigation, and in the criminal prosecution of Conrad Truman.
15. Defendant Todd Ferre (“FERRE”) is or was employed by the Orem City Police Department as a police officer, and at all times applicable to this action, was acting under the authority of the City and the OCPD in his capacity as an Orem City law enforcement officer.
FERRE was one of the officers and a Sergeant who responded to the Truman home in the hours surrounding Heidy Truman’s death, and participated in the illegal detention, destruction of evidence, interrogation, investigation, and in the criminal prosecution of Conrad Truman.
16. Defendant Craig Johnson (“JOHNSON”), at all times relevant herein, was a prosecutor employed by the Utah County Attorney’s Office, a governmental entity operating under the laws and statutes of the State of Utah. JOHNSON responded to the Truman home in the hours surrounding Heidy Truman’s death and participated in manufacturing/fabricating evidence, making false statements to the Utah State Deputy Medical Examiner, investigation and in the criminal prosecution of Conrad Truman. Also, specific to JOHNSON:
a. JOHNSON served in both an investigatory role and prosecutorial role at various times relevant here.
b. JOHNSON is not entitled to immunity, absolute or otherwise, as to the actions he took that cast him in the role of an administrator or investigative officer rather than that of an advocate;
c. Specifically, absolute immunity has been found not to extend to, among other
things: a prosecutor’s actions in advising the police in the investigative phase of a criminal case;
1a prosecutor’s actions in advising the police on interrogation methods or the existence of
probable cause;
2a prosecutor’s actions in fabricating evidence during the preliminary
investigation of a crime,
3a prosecutor’s review of an affidavit in support of a search warrant prepared by law enforcement,
4and a prosecutor swearing under oath to false statements of fact in an information, since he has become a complaining witness rather than a prosecutor.
5Generally, an attorney engages in an investigatory function if the attorney makes a “preliminary gathering of evidence that might ripen into a potential prosecution.”
17. OFFICER(S) JOHN/JANE DOE 1-10 are individuals or law enforcement agencies. The true names and capacities of Defendants named as OFFICER(S) JOHN AND JANE DOE are presently unknown to the Plaintiff. Also:
a. Upon belief, OFFICER(S) JOHN/JANE DOE 1-10 are law enforcement agencies, officers, supervisors and/or civilian staff employed by the Orem City Police Department, the Utah County Sheriff’s Office, investigators with the Utah County Attorney’s Office, or
employees of other cooperating agencies that participated in the investigation and prosecution of Conrad Truman.
b. OFFICER(S) JOHN/JANE DOE 1-10 are police officers, supervisors, evidence custodians or technicians, or others who interacted with the Plaintiff or the evidence at issue in
1See Burns v. Reed, 500 U.S. 478, 111 S. Ct. 1934, 114 L. Ed. 2d 547 (1991).
2See, e.g., Burns v. Reed, 500 U.S. 478, 111 S. Ct. 1934, 114 L. Ed. 2d 547 (1991); Mink v.
Suthers, 482 F.3d 1244 (10th Cir. 2007).
3See Buckley v. Fitzsimmons, 509 U.S. 259, 113 S.Ct. 2606, 125 L.Ed.2d 209 (1993).
4See, e.g., Mink v. Suthers, 482 F.3d 1244 (10th Cir. 2007); Eden v. Voss, 105 F.App'x 234 (10th
Cir. 2004).
5See Kalina v. Fletcher, 522 U.S. 118 (1997).
this case, and/or individuals who supervised, watched, or personally participated in the illegal detention, interrogation, destruction or loss of evidence, fabrication of evidence, investigation or prosecution of Conrad Truman.
c. OFFICER(S) JOHN/JANE DOE 1-10 are persons who, in the course of discovery in this proceeding, may be found liable and to have personally acted or failed to act knowingly and with reckless disregard for the truth.
d. Plaintiff reserves the right to amend his complaint to reflect these individuals or entities as personal liability may become established or fully uncovered.
18. ATTORNEY(S) JOHN/JANE DOE 1-5 are individuals. The true names and capacities of Defendants named as ATTORNEY(S) JOHN/JANE DOE 1-5 are presently unknown to Plaintiff.
a. Upon belief, ATTORNEY(S) JOHN/JANE DOE 1-5 are other attorneys who assisted or who advised law enforcement during the investigative stages of this case, and/or other attorneys or prosecutors specifically employed by the Utah County Attorney’s Office, a
governmental entity operating under the laws and statutes of the State of Utah.
b. ATTORNEY(S) JOHN/JANE DOE 1-5 are not entitled to immunity, absolute or otherwise, with regard to any actions taken that cast the attorney in the role of an administrator or investigative officer rather than an advocate.
c. ATTORNEY(S) JOHN/JANE DOE 1-5 are persons who, in the course of discovery in this proceeding, may be found liable and to have personally acted or failed to act knowingly and with reckless disregard for the truth.
d. The Plaintiff reserves the right to amend his complaint to reflect these individuals
or entities as liability may become established or fully uncovered.
19. This action is brought against Defendants WALLACE, CROOK, RUIZ, LOPEZ,
FERRE, JOHNSON, OFFICER(S) JOHN/JANE DOE 1-10, and ATTORNEY(S) JOHN/JANE DOE 1-5 in both their individual and official capacities.
20. EACH DEFENDANT is a “person” under the meaning of 42 U.S.C. §1983 and is located in this judicial district. Defendants serve the citizens of this judicial district, and while
performing their official duties, they act under the color of law.
21. EACH DEFENDANT was personally responsible and liable to Plaintiff in some manner for their acts and/or omissions performed under color of law, for the events and occurrences described hereafter, and for the resulting injury and damages to Plaintiff.
GENERAL FACTS APPLICABLE TO ALL CLAIMS
22. On October 1, 2012, at 12:37 a.m, Heidy Aline Truman (“Heidy”) was pronounced dead at Utah Valley Regional Medical Center.
23. Heidy died as the result of a contact gunshot wound to her right temple.
24. The fatal shot was inflicted at her home in Orem, Utah.
25. The only two persons in the home at the time of the fatal shot were Heidy and her husband, Conrad Truman.
26. At the time of Heidy’s death, the couple had been married approximately 3 ½ years.
27. Heidy was 25 years old at the time of her death.
28. Conrad was 30 years old at the time of Heidy’s death.
29. The couple owned several firearms for both recreational and self-defense purposes.
30. Relevant to the firearms at issue in the case:
a. Conrad “owned” what was referred to and known as the silver-handled gun;
b. Heidy “owned” and held out as “her gun” what was referred to and known as the black-handled gun. Conrad bought this firearm and gave it to Heidy as a gift;
c. Both guns were the same make and model of firearm– Sigsauer P238;
d. The clips of both guns were interchangeable;
e. The guns were both available for both Heidy and Conrad’s use, despite any question as to technical “ownership”;
f. On the night of Heidy’s death, both guns were loaded, ready, and accessible;
g. On the night of Heidy’s death, Conrad’s silver-handled gun was on the kitchen table in its leather concealed carry holster;
h. On the night of Heidy’s death, Heidy’s black-handled gun was located on or in Heidy’s night stand in the master bedroom next to her side of the bed;
i. Heidy’s black-handled gun had a magazine capable of holding 7 rounds and one round in the chamber. To accommodate the eighth round, the gun had to be “racked” and in a ready to fire position.
26. All material objective and/or forensic evidence supports the conclusion that Heidy died as the result of a self-inflicted gunshot wound. This evidence includes the facts that:
a. The fatal wound was a contact gunshot wound to Heidy’s right temple;
b. Heidy was right-handed;
c. According to the autopsy report, a penetrating gunshot wound was located within
the scalp hair of the right temple. The defect was centered 7 centimeters (2.75 inches) above and
3 centimeters (1.18 inches) in front of the right external auditory meatus (ear canal);
d. The wound path was from right to left, angled slightly upward and minimally from front to back; almost a straight through path;
e. The nature of the wound (contact wound to the temple, almost straight through pathway) is highly indicative of and most consistent with a self-inflicted shot;
f. Deputy Utah Medical Examiner Dr. Edward Leis (“Dr. Leis”) testified that in his 30-plus years of experience, he has never (save for perhaps one time) performed an autopsy on a homicide victim with a contact gunshot wound to the right temple with this type of wound path;
g. As part of the autopsy, Dr. Leis took gunshot residue (“GSR”) samples from the right and left hands of Heidy Truman. Although the GSR samples were never sent for analysis prior to trial number one, forensic analysis conducted after Conrad’s initial trial and conviction revealed that Heidy had a significant amount of two and three component GSR particles on her right hand consistent with her having fired the fatal shot. Heidy was right handed. She had only one two-component gunshot residue particle on her left hand;
h. As part of the investigation, Orem Police Department evidence technician Patricia Pikus (“Pikus”) took GSR samples from the right and left hands of Conrad Truman. Although the GSR samples were never sent for analysis prior to trial number one, forensic analysis conducted after Conrad’s initial trial and conviction revealed that Conrad had no two or three component GSR particles on his hands consistent with him having fired the fatal shot;
i. Placing Heidy’s head at a location of “convergence” as determined by law
enforcement’s blood stain analysis and stringing process, it is established that Heidy fell within a foot from the hallway opening into the kitchen and the area from where the shot was heard;
j. Forensic analysis revealed that the black-handled gun inflicted the fatal wound;
k. The black-handled gun that inflicted the fatal wound was kept in or on the night stand on Heidy’s side of the bed;
l. Witnesses reported that the black-handled gun was observed in an area “next to”
Heidy’s body before an officer kicked it under the kitchen table;
m. During law enforcement’s search and investigative processing of the scene, the spent casing from the black-handled gun was found in the hallway area in front of the bathroom door, between a vacuum cleaner and a pair of socks;
n. During law enforcement’s search and investigative processing of the scene, there were blood and blood droplets in the hallway area on the floor;
o. During law enforcement’s search and investigative processing of the scene, the nylon/velcro holster which usually housed the black-handled gun was found on Heidy’s side of the bed, on the same side of the room as the night stand where the black-handled gun was usually kept;
p. Cell phone records establish that Heidy accessed her cell phone approximately three minutes prior to Conrad’s call to 911;
q. During law enforcement’s search and investigative processing of the scene, Heidy’s cell phone was found on her side of the bed, within arms reach of the night stand and the black-handled gun which was kept there;
r. The cell phone evidence and the location where Heidy’s cell phone was found shows that in the moments prior to the fatal shot, Heidy was within arms reach of the black- handled gun in the master bedroom by her night stand;
s. No forensic analysis conducted (i.e. blood, serology, fingerprint, DNA, ballistics)
evidences that anyone other than Heidy Truman herself fired the fatal shot;
t. Based on the true and accurate evidence, no expert has, or can, conclude that anyone other than Heidy Truman herself fired the fatal shot;
u. Heidy possessed several suicide risk factors.
EVENTS SURROUNDING HEIDY TRUMAN’S DEATH The Couple’s Day
27. September 30, 2012, was a usual Sunday for the couple.
28. Heidy and Conrad spent the day eating a late brunch, shopping at local stores, and eventually settled-in for a night of watching television.
29. The couple went to a local K-mart around 3 o’clock in the afternoon.
30. The couple went to a local Target, arriving at approximately 4:20 in the afternoon, and leaving about an hour later at approximately 5:20 p.m.
31. It is estimated that the couple returned home between 6-6:30 p.m.
32. The groceries were unloaded.
33. Conrad, at first, helped put groceries away.
34. Conrad then worked on his motorcycle for a period of time.
35. Conrad also worked on his Bronco and spent time cleaning the rims.
The Evening
36. At some point while Conrad was working on the vehicles, Conrad and Heidy began drinking alcohol; specifically shots of Maker’s Mark whiskey.
37. Conrad has estimated that he consumed five or six shots of alcohol during the evening.
38. Conrad has estimated that Heidy consumed less alcohol than he did, and estimated about four or five shots of alcohol.
39. Heidy was anxious to watch the season premiere of “Dexter” and on at least two occasions went outside to prompt Conrad to finish what he was doing so they could watch the show together.
40. Conrad took longer than expected and the show had to be recorded.
41. At some point, Conrad and Heidy watched the television shows Dexter and Homeland.
42. At some point, Heidy boiled eggs for egg salad sandwiches.
43. At some point, both Heidy and Conrad heard a noise outside the home.
44. In response, Conrad took one of his dogs and walked around the neighborhood to investigate the noise.
45. Conrad has estimated that he and his dog returned approximately 20 minutes later.
46. The couple then began talking and debating about whether they should get another dog, and they looked at photos of American Bull Terriers.
47. At some point, Heidy became upset and irritated with Conrad.
48. At some point thereafter, Heidy went into the bathroom to take a bath or shower.
49. Heidy locked the bathroom door, which was not unusual.
50. Conrad took the “pin” which was kept on the molding above the bathroom door, unlocked the door, and went in.
51. Conrad entering the locked bathroom was not unusual, as both Heidy and Conrad often walked in on each other in the bathroom.
52. Heidy told Conrad to get out.
53. Conrad believed that Heidy was upset or irritated with him, and so he left her alone.
54. At some point thereafter, Conrad took their second dog outside to use the bathroom.
55. At or around this time, Conrad called Heidy’s cell phone intending to leave her a message.
56. Cell phone records show that a phone call was placed from Conrad Truman’s cell phone to Heidy Truman’s cell phone on September 30, 2012 at 10:47:10 PM Mountain time.
57. Cell phone records show that the phone call was not answered by Heidy Truman’s phone, but the call was “rejected” which had to occur by pressing the “end call” or equivalent button when the call was incoming.
58. Cell phone records show that upon rejection of the call, the call was sent to voicemail.
59. Cell phone records show that Heidy Truman’s phone received a voicemail message on September 30, 2012 at 10:48:44 PM Mountain time.
60. Cell phone records show that a message was left.
61. The message retrieved later by law enforcement consists of four seconds of silence.
62. Conrad estimates that after a few minutes outside with the dog, Conrad went back in the house.
63. At some point after returning inside, Conrad believes he put his cell phone on the charger in the master bedroom on his night stand.
64. At some point after returning inside, Conrad believes he played “doggie games” with his dogs.
65. At some point after returning inside, Conrad was located in the kitchen area of the home.
66. At some point while Conrad was in the kitchen area, Conrad heard a door open.
67. Conrad only heard a door open but did not see a door open.
68. Conrad assumed it was the bathroom door he heard open because that is where Heidy had been.
69. Cell phone records show that the voice mail on Heidy’s phone was accessed.
70. The “read timestamp” column in Heidy’s cell phone records indicates the time the voicemail message was “read”, or listened to by the end user. This timestamp shows that Heidy took an action to listen to the voicemail message at 10:55:58 PM Mountain time.
71. Heidy’s cell phone was found by law enforcement on Heidy’s side of the bed in the master bedroom, within arms reach of Heidy’s night stand where the black-handled gun was kept.
The “Pop”
72. Shortly after Conrad heard a door open, Conrad heard what he has described as a “pop”
or “slap” or “tap” sound.
73. Conrad has estimated that it could have been one to five minutes between the time he heard a door open and the time he heard the pop sound.
74. The sound did not sound like a gunshot to Conrad.
75. Conrad looked over and moved toward the sound.
76. Conrad saw Heidy in the entryway to a small hallway that separates the kitchen from the bathroom and bedroom hallway area.
77. From this point, everything happened fast.
78. Conrad moved that direction to see what happened.
79. Conrad does not recall if Heidy fell and hit the ground, or if he caught her and brought her down.
80. Conrad clearly remembers that Heidy fell “through” the hallway entry to the floor of the kitchen area.
81. Conrad did not know what had happened or what was wrong.
82. Heidy seemed to be choking and fighting for air.
83. Conrad saw blood coming out of Heidy’s mouth and nose.
84. Conrad attempted CPR.
85. Conrad was panicked and felt helpless.
86. Conrad knew he had to call 911.
87. Conrad tried to turn Heidy’s head to the side because she was gasping for air.
88. As Conrad turned Heidy’s head, a large amount of blood and brain matter poured out and pooled around her body.
89. The sight of blood and other matter overwhelmed Conrad.
90. Conrad became hysterical.
91. To the best of Conrad’s recollection, he ran to get his cell phone from the master bedroom and also maybe to the bathroom to get a towel to stop the blood.
92. The scene was gruesome.
93. Heidy lay on the kitchen floor, gasping for air and choking, as a large amount of blood
and brain matter pooled around her body.
Officers Respond
94. Conrad placed a frantic 911 call at 10:59 p.m., only approximately 3 minutes after Heidy retrieved the voicemail from the master bedroom.
95. Conrad was panicked and hysterical when he called 911.
96. Conrad was so panicked and hysterical that the 911 dispatcher could not understand Conrad at some points.
97. Conrad was so panicked and hysterical that the 911 dispatcher thought Conrad was a female.
98. Although panicked, Conrad answered the 911 dispatcher’s questions and complied with her instructions.
99. Conrad kept the line open with 911 and placed the call on speaker phone.
100. The 911 call was recorded and the recording speaks for itself.
101. The 911 call was ultimately disconnected by law enforcement officer CROOK upon his arrival approximately 7 minutes after the 911 call was placed.
102. Although several law enforcement officers arrived at the same time, then-Corporal William CROOK from the Orem City Police Department was the first officer to enter the Truman home.
103. When CROOK pulled-up to the Truman house, Conrad was just outside the doorway waving his arms and screaming for help.
104. CROOK ran to the front of the house and followed Conrad inside.
105. Orem City Officer Dan McKown followed behind CROOK.
106. Once inside, officers noticed that it was a split level home and on the right hand (north) side, a set of stairs went directly up to the kitchen area.
107. CROOK followed Conrad up these stairs and noticed a female laying in a pool of blood.
108. The female was in the prone position.
109. There was a pool of blood and what appeared to be brain matter surrounding her body.
110. CROOK stated that her head was wet. CROOK did not know if her head was wet with water “but it was definitely wet and soaked with blood.”
111. The female was not clothed.
112. The female’s head was positioned towards the east side of the home with her feet extending west.
113. Conrad was hysterical and yelled for the officers to help her.
114. CROOK witnessed Conrad crouch next to the female’s body as a dog appeared over his shoulder that was barking.
115. CROOK ordered Conrad to take the dog to the back bedroom.
116. Conrad complied and put the dog in the master bedroom at the north end of the house.
117. After securing the dog, Conrad immediately came back and again crouched down on the side of Heidy’s body, kneeling in the blood pool.
118. Conrad tried to turn Heidy’s head towards him and attempted to blow into her mouth.
119. CROOK witnessed Heidy aspirate blood back out into Conrad’s face and on his person.
120. Conrad yelled at officers to save her, yelled at Heidy to stay alive, and yelled words to
the effect that “he would kill them” if she died or they did not save her.
121. Conrad’s anger and his “threats” were directed at people in order to get them to help save Heidy.
122. Although officers use the words and phrases to describe Conrad as “making threats” or as
“threatening”, officers acknowledge that Conrad never put his hands on any officer.
123. Although officers use the words and phrases to describe Truman as “making threats” or as “threatening”, officers acknowledge that Conrad was hysterical, wanted help for his wife, and this is where the “threats” were coming from.
124. Conrad had blood on his pants which officers confirm was consistent with Conrad kneeling in the pool of blood surrounding the body.
125. Conrad had blood on his shirt, hands, arms, and around and in his mouth which officers confirm was consistent with Conrad’s efforts to comfort his wife and provide CPR.
126. Knowing that the paramedics had arrived, CROOK and Officer McKown physically moved Conrad away from Heidy’s body.
127. CROOK and McKown placed Conrad on a chair that was pulled away from a small table near Heidy’s body.
128. As Conrad sat on this chair, paramedics worked on Heidy in the blood pool close by.
129. Also as Conrad sat on this chair, CROOK began questioning Conrad as to what had happened.
130. This questioning by CROOK literally occurred as CROOK physically stood between Conrad and the paramedics as they were working on Heidy in the bloody pool.
131. Conrad soon noticed that his silver-handled gun was lying on the kitchen table in its
holster.
132. In order to notify the officers of the gun’s presence, Conrad picked up the holstered gun and threw it off to the side of the table to a chair.
133. When Conrad picked up the holstered gun, blood from Conrad’s hands was transferred to the firearm.
134. Additionally, when Conrad tossed the firearm, it hit briefly into the side of a cabinet and left a blood transfer, before landing on the kitchen chair.
135. As CROOK questioned Conrad, Conrad was hysterical and did not make sense.
136. At this point, Conrad explained to the best of his ability that he had heard a “pop” sound, he saw Heidy in the doorway entrance of the kitchen, then she fell to the ground.
137. Conrad also tried to explain that the sound he heard “didn’t sound like a gunshot.”
138. At some point while paramedics were still working on Heidy, CROOK made Conrad leave the kitchen area and ordered Conrad to back down the staircase with his hands up.
139. Conrad was then detained by another officer in the small living room area at the bottom and to the south of the staircase.
140. Heidy was taken from the scene approximately 8-10 minutes after the arrival of the paramedics.
141. Conrad was never told he was free to go.
142. Conrad was under the control and custody of law enforcement officers as Heidy was taken out of the home and transported the hospital.
Officers Unconstitutionally Detain and Question Conrad at the Truman Home
143. Several officers had arrived at the Truman residence by the time Heidy was taken away
by the paramedics.
144. The officers on scene included Officers CROOK and McKown, as well as Orem City Police Officers Chris Watson, Art LOPEZ, Chris Elias and Sgt. Todd FERRE.
145. Once the ambulance left, FERRE directed McKown to start a “crime scene log” to document who was coming and going. (“Log”).
146. The Log indicates that Heidy left at “2315" and arrived at Utah Valley Regional Medical Center at “2322".
147. FERRE sent Officer Watson to follow the ambulance and stay with Heidy.
148. After Heidy was taken from the home, and for approximately the next 50 minutes, the several officers on scene refused to take Conrad to the hospital until he “calmed down.”
149. The scene was bloody and gruesome.
150. The scene was chaotic.
151. A portion of the events that occurred while Conrad remained at the home was audio recorded by two separate officers: CROOK and LOPEZ.
152. These recordings speak for themselves, but evidence that:
a. Conrad was distraught and traumatized;
b. Conrad asked several times to go be with his wife;
c. Conrad asked officers to test his hands and his silver handled gun in an effort to show that he had not shot a weapon, and in the hopes that officers would take him to be with his wife;
d. Conrad asked officers to look or let him show them where Heidy kept her gun in
the bedroom;
e. Conrad asked several times to be allowed to aid his dogs incessantly barking in the background;
f. Conrad asked several times to call family or friends, or for the officers to call family or friends, to come be with him.
153. At some point, Ms. Renee Flitton, a “victim advocate” employed by the Orem City Police Department arrived on scene.
154. Ms. Flitton entered the home and made contact with Conrad in the living room area north of the stairway leading directly up to the kitchen.
155. Officers thereafter continued to pepper Conrad with questions.
156. Ms. Flitton also questioned Conrad as to what had occurred.
157. Ms. Flitton smelled the odor of alcohol on Conrad’s breath.
158. Ms. Flitton observed blood on Conrad’s clothing, pants, and arms.
159. Conrad remained anxious, fidgety, and could not sit still.
160. Conrad paced and at times, spit in a garbage can in the corner of the room because his mouth was dry and raw, and had remnants of Heidy’s blood from Conrad’s efforts at CPR.
161. Conrad’s two dogs, which had been secured in two separate rooms, were panicked and barking incessantly.
162. Worried because the dogs were scared and distressed, Conrad asked on multiple occasions for officers to allow him to take the dogs out to the back yard so they would stop barking.
163. Officers acknowledge that the barking seemed to affect Conrad’s concentration and
angst.
164. During this time period in the home, Officers, and particularly CROOK, LOPEZ and FERRE, denied Conrad’s requests to show officers where Heidy’s gun was kept in the master bedroom.
165. During this time period in the home, Officers, and particularly CROOK, LOPEZ and FERRE, refused to allow Conrad to physically show them where he saw Heidy after he heard the pop.
166. During this time period in the home, Officers, and particularly CROOK, LOPEZ and FERRE, failed and/or refused to allow Conrad access to a phone to call family or friends to come be with him.
167. During this time period in the home, Officers, and particularly CROOK, LOPEZ and FERRE, failed and/or refused to themselves call any family or friends to come be with Conrad.
Nor did “victim advocate” Flitton seek to call family or friends to come comfort Conrad.
168. During this time period in the home, Conrad asked for his family (specifically to include his father and sister) on multiple occasions, and requested that somebody call them or that he be allowed to do so.
169. During this time period in the home, Officers, and particularly CROOK, LOPEZ and FERRE, ignored Conrad’s statement of his rights:“You know, sir, I can call a lawyer right now, I can get a friend to comfort me.” By these statements, Conrad was clearly indicating that he wished for the assistance of counsel, a friend, or a family member at this difficult time.
170. During this time period in the home, Officers, and particularly CROOK, LOPEZ and
FERRE, ignored Conrad’s request to have an attorney called.
171. During this time period in the home, Conrad was not allowed to move freely about the house because officers considered this a “potential crime scene.”
172. Conrad was traumatized and anxious.
173. Officers, and upon belief LOPEZ and/or FERRE, threatened to handcuff Conrad if he did not calm down.
174. In this traumatized and anxious state, officers and Ms. Flitton continued to ask Conrad questions about the events of the evening.
175. Conrad literally begged officers to take him to be with his wife.
176. Conrad tried to comply with the officers’ requests and answer their questions so that officers would finally take him to the hospital to be with his wife.
177. At some point, LOPEZ told Conrad: “Conrad, let’s go wash your hands,” and walked him to the bathroom downstairs in the basement.
178. As LOPEZ and Conrad walked downstairs, FERRE told LOPEZ not to wash Conrad’s hands.
179. LOPEZ washed Conrad’s hands, or allowed Conrad to wash his hands, even though his sergeant, FERRE, expressly stated not to.
180. CROOK reported: “Officer Lopez [] asked Truman to wash his bloody hands in the bathroom at the bottom of the stairs below the living room. After a minute, they came back to the living room and began talking.”
181. No other officer on scene, including CROOK, FERRE, or OFFICER(S) JOHN/JANE
DOE stopped the hand washing.
182. In washing Conrad’s hands, LOPEZ destroyed and/or failed to preserve crucial
exculpatory evidence – to wit, Conrad’s preserved hands and an opportunity to demonstrate that his hands were free of gunshot residue prior to washing.
183. In allowing Conrad’s hands to be washed, CROOK, FERRE, AND OFFICER(S) JOHN/JANE DOE destroyed and/or failed to preserve crucial exculpatory evidence – to wit, Conrad’s preserved hands and an opportunity to demonstrate that his hands were free of Gunshot Residue prior to washing.
184. According to the Log, Truman left the residence and was taken to the hospital at 0006 – 51 minutes after Heidy was taken from the home.
185. Conrad was driven to the hospital by LOPEZ.
186. Ms. Flitton followed in her own vehicle.
187. As Conrad got into the police vehicle, Conrad again asked for LOPEZ or Ms. Flitton to call his family.
188. LOPEZ refused and expressed that Conrad was being unreasonable in the request.
189. To this point, Conrad had not been advised of his Miranda warnings.
190. Conrad’s trip to the hospital with LOPEZ was audio recorded and the recording speaks for itself.
191. After Conrad left, CROOK walked through the entire home and made observations as to the location of certain blood evidence, the conditions of all windows and doors in the home, and the back yard.
192. CROOK reports: “Upon looking around the house, I noticed that the bathtub was filled
with water []. The room was very humid.”
193. CROOK and OFFICER(s) JOHN/JANE DOE searched through the entire house prior to any warrant being obtained.
Heidy Truman Passes Away/ Officers Unconstitutionally Detain and Interrogate Conrad Truman at the Hospital and Police Station
194. Upon arriving at the hospital, LOPEZ had Conrad wait with Ms. Flitton.
195. Some time thereafter, Conrad and Ms. Flitton were escorted into the emergency room with at least one officer where hospital personnel were working on Heidy.
196. Heidy’s head was bloody and had various tubes inserted and medical devices attached.
197. Blood and brain matter was caked in Heidy’s hair.
198. The gaping head wound was clearly visible.
199. Heidy’s hands had been “bagged” upon the direction of officer Watson.
6200. An Orem City Police Officer, upon information and belief Officer Watson, admonished Conrad “not to take too long” because “this was a crime scene.”
201. Conrad went to Heidy, tenderly hugged her and stroked her hair, and was allowed only a brief few minutes.
202. Conrad was then escorted from the room.
203. After leaving the room, LOPEZ directed Conrad to change his clothes and took them as evidence. No warrant was sought or obtained for these clothes.
204. Some period of time thereafter, the doctor notified Conrad that Heidy had passed away.
6
Officer Watson reports that around 2344 hours, he went with Heidy while she had a CT scan.
While she was in the CT Scan, Watson asked the Doctors to put her hands in paper bags to preserve any
evidence that might be needed. Thereafter, Watson reports that the first time medical staff let Conrad in
to see Heidy, Watson realized her hands were not in paper bags. Watson states that he asked Conrad not
to touch her for a minute and asked the medical staff to place her hands in the paper bags, at which time
both hands were placed in paper bags. Watson told Conrad this needed to be done in order to preserve
any evidence.
205. Some period of time thereafter, Conrad was again escorted into the room with Heidy’s body in order to pay his last respects.
206. No one from Conrad’s family had yet arrived to the hospital. Upon information and belief, no one from Conrad’s family had yet been called.
207. The room with Heidy’s body was filled with complete strangers to Conrad, to include multiple law enforcement officers, Orem City evidence technician Patricia Pikus, and medical personnel, all observing Conrad’s every move.
208. Conrad went to Heidy and kissed her on the head through a blood soaked sheet.
209. Conrad then went to Heidy’s feet and grieved.
210. Conrad was given no opportunity to be alone with his wife before or after she died, and was, at all times, under the observation, direction, custody and/or control of at least one police officer.
211. After a few minutes, Conrad was escorted directly to a nearby empty hospital room and again interrogated by two Orem City police officers, RUIZ and LOPEZ.
212. Conrad’s interrogation at the hospital was audio recorded and the recording speaks for itself.
213. RUIZ writes in a police report that the questioning at UVRMC began at approximately 1:20 a.m and ended at approximately 2:03 a.m.
214. Neither RUIZ nor LOPEZ advised Conrad of his Miranda warnings.
215. Conrad was distraught and traumatized, and still under the effect of alcohol.
216. Conrad asked several times to go be with his family.
217. Law enforcement officers guarded the door.
218. At some point, evidence technician Patricia Pikus took gunshot residue samples from Conrad’s hands. No warrant was sought or obtained for these samples.
219. Some amount of time later, Conrad was transported to the Orem Police Department by LOPEZ.
220. Conrad’s transport to the Orem Police Department was audio recorded and the recording speaks for itself.
221. LOPEZ did not advise Conrad of his Miranda rights at this time.
222. At the Orem Police Department, Conrad was detained for approximately 45 minutes in an interrogation room with LOPEZ.
223. The detention and interrogation at the Orem Police Department was audio and video recorded and the recording speaks for itself.
224. The video recording of the interrogation room shows that Conrad entered with LOPEZ at approximately 3:42 a.m. and Conrad was allowed to go use the bathroom at approximately 4:26 a.m.
7225. LOPEZ did not advise Conrad of his Miranda rights during this time.
226. Conrad was then brought back into the room at approximately 4:28:50 a.m. by Officers RUIZ and CROOK and detained for approximately two more hours.
227. According to the video recording, RUIZ advised Conrad of his Miranda rights at 4:30:52 a.m.
228. While the recording speaks for itself, by way of summary, the recording evidences the following:
7
The times cited herein are taken from the video recording unless otherwise noted.
a. Conrad was still in shock, traumatized, and likely experiencing the effects of alcohol;
b. Throughout the detention, Conrad asked multiple times to leave;
c. Throughout the detention, Conrad asked multiple times to go be with family;
d. Throughout the detention, Conrad expressed on multiple occasions that he was suffering and had just experienced the trauma of his wife’s death;
e. Throughout the detention with RUIZ and CROOK, Conrad attempted to leave on multiple occasions but was denied his right;
f. Throughout the detention with RUIZ and CROOK, Conrad expressed on multiple occasions that he did not know what happened.
229. The recording shows that two phlebotomists arrived to take Conrad’s blood at approximately 4:53 a.m.
230. A warrant had been sought and obtained for Conrad’s blood.
8231. When the phlebotomists finished drawing Conrad’s blood, Conrad walked out of the room at 5:09:58 a.m.
232. Conrad was quickly shepherded back into the room by RUIZ and CROOK at 5:11 a.m.
233. The detention and interrogation continued and became more confrontational.
234. Eventually, as the detention and interrogation seemingly neared an end, RUIZ expressed he thought they were finished, at which time Conrad sought to go to the bathroom.
8
As set forth below, this warrant was invalid since it was not based upon the requisite showing of
probable cause, and further, because the affidavit in support contained false and misleading statements or
omissions made knowingly or in reckless disregard for the truth.
235. At 5:54 a.m., Conrad stood up to leave but CROOK stopped him and continued the detention and questioning.
236. Conrad is allowed to leave the room at 5:57:48 to go to the bathroom. Both CROOK and RUIZ leave the interrogation room.
237. At 6:01, CROOK brings Conrad back in the room and detains him further.
238. CROOK stands in the doorway, blocking the only exit to the room.
239. CROOK orders Conrad to go sit in the chair across the room because “he doesn’t want him by the door.” (6:03:38).
240. Conrad is upset with CROOK’s treatment, but complies.
241. CROOK detains, belittles, and baits Conrad, treating him with disrespect.
242. CROOK’s actions are cruel and unreasonable.
243. CROOK becomes more confrontational, orders Conrad to look him in the eyes, and accuses Conrad of shooting his wife. (6:06:05).
244. Conrad is clearly upset and wants to leave and be away from CROOK.
245. Conrad attempts to leave the interrogation room. (6:06:27).
246. CROOK blocks Conrad and orders “stay here.” (6:06:28).
247. Conrad asserts that he is not under arrest and wants to leave.
248. CROOK demands that Conrad sit down multiple times.
249. Conrad attempts to leave again and tells CROOK that CROOK “is not going to treat [him] like this.” (6:06:36).
250. CROOK again blocks Conrad from leaving the room and orders him to sit down.
251. CROOK orders Conrad to sit down multiple times, and threatens, “Conrad… do you want to leave? Sit down…” (6:06:47).
252. Conrad asserts his right: “I can leave if I want.”
253. CROOK again orders Conrad to go sit down. (6:06:50).
254. Conrad is upset but sits down.
255. Conrad expresses that he should not have to be treated as he was.
256. CROOK continues to detain, taunt and antagonize Conrad for several more minutes.
257. RUIZ eventually reappears and Conrad again attempts to leave.
258. Upon information and belief, RUIZ and/or other officers, including OFFICER(S) JOHN/JANE DOE and LOPEZ watched CROOK’s treatment and illegal detention of Conrad and did nothing to stop the continued unreasonable seizure and questioning.
259. Conrad again asks and/or attempts to leave. (6:08:33).
260. RUIZ does not allow Conrad to leave. (6:08:40).
261. Conrad seeks RUIZ’s help from CROOK’s behavior.
262. RUIZ closes the door of the interrogation room and he detains Conrad for several more minutes.
263. RUIZ and Conrad walk out of the room at 6:15:04.
264. Upon belief, CROOK and/or other officers, including OFFICER(S) JOHN/JANE DOE and LOPEZ watched RUIZ’s treatment and illegal detention of Conrad and did nothing to stop the continued unreasonable seizure and questioning.
265. Throughout the interrogation, Conrad adamantly maintained, and did so throughout the
entire evening, that he did not hurt or shoot his wife and that he did not know what happened.
266. Throughout the interrogation, and although he became upset and frustrated with the officers’ treatment, Conrad never acted threatening, assaultive, or belligerent toward the officers.
Statements Made by Conrad Truman
267. Overall, there are seven recordings taken in the hours surrounding Heidy Truman’s death. These recording include:
a. The 911 dispatch call;
b. A recording initiated by CROOK at the Truman home before Conrad was taken to the hospital;
c. A recording initiated by LOPEZ at the Truman home before Conrad was taken to the hospital;
9d. A recording of Conrad’s transport from the Truman home to Utah alley Regional Medical Center (“UVRMC”);
e. The recorded interrogation involving RUIZ and LOPEZ at UVRMC;
f. A recording of Conrad’s transport from UVRMC to the Orem Public Safety Building (“OPS”);
g. The recorded detention and interrogation involving LOPEZ and then CROOK and RUIZ at the OPS.
268. Additional recordings exist of Conrad’s interaction with officers and others, including:
a. A telephone conversation recorded by WALLACE on October 3, 2012, when
9
Although the CROOK and LOPEZ recordings capture a large portion of the same happenings at
the Truman home, the two recordings begin and end at different times.
Conrad called to inquire about the property officers seized, and requesting photographs from his cell phone for Heidy’s funeral;
b. A surreptitious audio and video recording made by Heidy’s brother-in-law, Jason Keller, on October 4, 2012, at the direction of Orem police officers, and upon belief, RUIZ, Sgt.
Leany, Detective Savage, Detective Rich, and Lt. Mallinson;
10c. A recording of Heidy’s funeral and persons speaking by her casket, which was made at the direction of Orem police officers.
11d. Two audio and video recordings of Conrad on October 10, 2012 when he went to the OPS with his sister in order to give palm and fingerprints.
12e. An interview with Officers WALLACE and James Park October 18, 2012, approximately two weeks after Heidy’s death wherein officers sought to question Conrad at ICU Medical, Conrad’s place of employment.
f. An interview with RUIZ on October 31, 2012 during the service of a search warrant at the Truman home, wherein RUIZ expresses that he believes Conrad loved Heidy, but Conrad’s story does not make sense and RUIZ believes Conrad “accidentally” hurt her because
10
Jason Keller also drew a diagram as to what Conrad explained which was given to officers.
This diagram shows Heidy’s body and feet close to the hallway entrance as Conrad described to him.
11
A warrant was sought and obtained to place a recording device in Heidy’s casket. As set forth below, this warrant was invalid since it was not based upon the requisite showing of probable cause, and further, because the affidavit in support contained false and misleading statements or omissions made knowingly or in reckless disregard for the truth.
12
A warrant was sought and obtained for Conrad’s prints. As set forth below, this warrant was
invalid since it was not based upon the requisite showing of probable cause, and further, because the
affidavit in support contained false and misleading statements or omissions made knowingly or in
reckless disregard for the truth. Additionally, part of these recordings are of Conrad’s sister speaking on
the phone in the interrogation room while Conrad is with officers elsewhere. It is believed she is
speaking with an attorney.
this “wasn’t a suicide.” During this questioning, Conrad again indicated that he will go over it again with officers with a lawyer.
13g. A telephone conversation with Scott Finch, an investigator with the Utah County Attorney’s Office, on June 18, 2013. Therein, Conrad made mention that officers broken down his door just a week prior when officers were there to do their scene reconstruction, and also discusses the previous encounter with RUIZ on Halloween. Conrad expresses frustration and believes he is being harassed by police.
14269. Additional recordings were also made of various officers’ interviews with potential witnesses.
270. The recordings specifically made in the moments and hours after Heidy’s death were made while Conrad was traumatized, in shock, and experiencing the effects of alcohol consumption.
271. Throughout all the recordings, Conrad repeatedly and consistently expressed that he did not know what happened, expressed confusion, and/or expressed that he did not know how to explain the events he saw.
272. The recordings themselves are the best evidence of what was actually said, as well as the tone, demeanor and context surrounding the statements.
273. However, despite Conrad’s confusion and memory gaps due to the trauma he
13
A warrant was sought and obtained. As set forth below, this warrant was invalid since it was not based upon the requisite showing of probable cause, and further, because the affidavit in support contained false and misleading statements or omissions made knowingly or in reckless disregard for the truth.
14
A warrant was sought and obtained to enter the Truman residence. As set forth below, this
warrant was invalid since it was not based upon the requisite showing of probable cause, and further,
because the affidavit in support contained false and misleading statements or omissions made knowingly
or in reckless disregard for the truth.
experienced, the recordings show that Conrad consistently and repeatedly explained the following material facts regarding the moments surrounding the shot:
a. He was in the kitchen and he thought his wife was in the bathroom;
b. While he was in the kitchen, he heard a door open;
c. He did not see Heidy come out of the bathroom;
d. Some time shortly after hearing a door open, it could have been one minute or it could have been five minutes, he heard a “pop” sound;
e. The sound did not sound like a gunshot;
f. He looked over and moved toward the location of the noise;
g. He saw Heidy in the hallway entry, a location described as “the hallway”, “the hallway outside the bathroom”, and “the wall by the printer”;
h. Heidy went through the hallway entrance to the floor of the kitchen;
i. Conrad went to her and tried to aid her;
j. Heidy appeared to be choking and gasping for air;
k. Conrad did not know what was wrong;
l. Conrad tried to give her CPR;
m. He saw blood and other matter that scared him;
n. He knew he could not help and had to call 911;
o. Because she appeared to be choking or fighting for air, Conrad turned her head and a great amount of blood poured out;
p. Conrad admittedly panicked and became hysterical when he saw the enormous
amount of blood and other material in her hair;
q. Conrad did not see Heidy with a gun;
r. With regard to Heidy’s location, Conrad made numerous statements that he saw her in the “hallway” area by the wall near the table with the printer after he heard the “pop”;
s. Conrad also consistently expressed that he did not know what happened, expressed confusion, and/or expressed that he did not know how to explain the events he saw;
t. In fact, a review of the recordings evidence that on approximately 90 occasions, u. Conrad indicated that he did not know what happened, did not know how to explain what he saw or otherwise expressed confusion as to what had occurred;
v. In his state of shock and trauma, Conrad asked questions and posed hypotheses to officers as to what “might have” happened in response to officer questioning. Law
enforcement officers admit that Conrad was hypothesizing and not making statements of fact;
w. Conrad repeatedly asked officers what happened;
x. Because of the neighborhood he lived in, Conrad questioned whether his wife could have been shot by someone outside of the home through the bathroom window;
y. Also because of the neighborhood they live in, Conrad stated: “That’s why I don’t know [what’s] going on, that's why I think someone . . . shot her, I don't know what's going on. I don't know if she shot herself, I don't know”. Although questioning whether Heidy could have shot herself, Conrad made statements refusing to believe that Heidy would
intentionally kill herself;
z. When asked about the firearms, Conrad tried to explain that Heidy’s gun was
like his mother’s (which was a black-handled firearm); that it was usually kept in a velcro case
in Heidy’s night stand; but the last place he saw the gun was on top of her night stand on her side of the bed where she had kept it when he had recently been in Chicago for a week;
aa. When asked whether Heidy would have had time to come out of the bathroom and go into the bedroom and get the gun and shoot herself right at the doorway of the hallway between the time Conrad heard the door open and then the pop sound, Conrad confirmed that she would have had time to do so;
bb. When asked about finances, Conrad explained that the couple was not struggling financially; they had just refinanced their home and were looking to buy a new house; explained that he had just sold some stock from his work and they had a lot of money they needed to put somewhere, so they had met with a financial planner who wanted to sell them a whole life insurance policy for investment purposes, but Conrad didn’t want to;
cc. When asked, Conrad told officers that Heidy had a hard childhood and did not get along with her mother;
dd. When asked, Conrad explained that Heidy “gets a little bit weird” and becomes emotional and “another side comes out” when she has a little too much to drink;
ee. When asked, Conrad denied that there had been, or could have been, anybody else in the home that could have shot Heidy.
Officers Investigate the Scene
274. Orem City Police Detective Thomas WALLACE was on-call the evening of September 30, 2012.
275. WALLACE received a call at approximately 11:10 p.m. concerning a shooting.
276. WALLACE then spoke with Sgt. FERRE on the phone who gave WALLACE preliminary information.
277. When WALLACE arrived at the Truman residence approximately 55 minutes later, Conrad was just leaving for the hospital.
278. The Log indicates that WALLACE and evidence technician Patricia Pikus arrived at the Truman residence at 12:05 a.m.
279. The Log indicates that Conrad left the Truman residence at 12:06 a.m.
280. Upon arriving at the Truman residence, WALLACE was briefed by FERRE and CROOK.
281. Wallace then contacted Deputy Utah County Attorney Craig JOHNSON.
282. The Log indicates JOHNSON arrived at the Truman residence at 1:03 a.m. and left at 1:23 a.m.
283. WALLACE then “froze the scene”, drafted and sought search warrants, and the home was processed throughout the early morning hours until finally released later that day, October 1, 2012, at approximately noon.
284. WALLACE was the lead detective on this case.
285. Upon information and belief, JOHNSON advised WALLACE throughout the entire investigation and prosecution of Conrad Truman. ATTORNEY(S) JOHN/JANE DOE may also have advised WALLACE during the investigation of Conrad Truman.
286. Upon information and belief, WALLACE kept JOHNSON advised and briefed as to the
status of the investigation and the facts and the circumstances that developed. WALLACE may
have also kept ATTORNEY(S) JOHN/JANE DOE advised and briefed as to the status of the investigation and the facts and the circumstances that developed.
287. As lead detective, WALLACE assigned various other officers duties in the immediate hours surrounding Heidy Truman’s death, to include:
a. Directing Lt. Joshua Adams to attend Heidy Truman’s autopsy which occurred at approximately 9 a.m. on October 1, 2012;
b. Directing Detective Brad Rich and Detective J. Bailey to canvass the neighborhood and obtain witness statements from neighbors;
c. Directing evidence technician Patricia Pikus to go to the hospital to take pictures of Heidy’s body, to take GSR from Conrad Truman’s hands, and to return to the Truman residence to help photograph and process the scene;
d. Directing RUIZ to go to the hospital, remain with Conrad the entire time, and to question him and get Conrad’s statement;
e. Directing other officers to help document and process the scene; and
f. Eventually, at approximately 5:30 a.m., contacting Doug Squire from the Utah County Sheriff’s Office to attempt to determine the location where the shot occurred. The Log indicates that Doug Squire arrived on scene at 6:27 a.m. The Log indicates that Scott Finch arrived on scene at 6:47 a.m. to aid.
15Mr. Squire and Mr. Finch both log out of the scene at 9:38 a.m.
288. After leaving the scene to draft an affidavit and to obtain warrants, WALLACE and other officers returned to the Truman residence at approximately 3:20 a.m.
15
