Documents Released

All Documents...
http://www.leahfreeman.com/documents.htm


1. 1.Affidavit, dated July 6, 2000, for search warrant to search 1967 Ford Mustang owned by Nicholas McGuffin

2. 2.Search Warrant issued July 6, 2000 to search 1967 Ford Mustang owned by Nicholas McGuffin and the results of the search

3. 3.Affidavit, dated July 27, 2000, for search warrant to search the person of Nicholas McGuffin, the 1991 Ford Thunderbird owned by the parents of Nicholas McGuffin, the property located at North Fir in Coquille, Oregon and the property located at Baker Road in Coquille, Oregon.

4. 4.Search Warrants issued July 27, 2000 to search the person of Nicholas McGuffin, the 1991 Ford Thunderbird owned by the parents of Nicholas McGuffin and the Property located at Baker Road in Coquille, Oregon

5. 5.Supplement Affidavit for Search Warrant dated July 28, 2000 submitted outlining new information in connection with the Affidavit for Search Warrant submitted on July 27, 2000

6. 6.Results of Search Warrant conducted on July 28, 2000 in connection with the Search Warrants issued on July 27, 2000

7. 7.Copy of Faxed Proposed "Immunity Agreement" offered to Brent Bartley through his attorney by the Coos County Assistant District Attorney, dated July 27, 2000

8. Property Report, dated June 29, 2000 from Leslie Ann Bartley URL not working. I will try to find another.

9. 9.Leah Freeman's Birth & Death Certificates

Affidavit, dated July 6, 2000, for search warrant to search 1967 Ford Mustang owned by Nicholas McGuffin

Affidavit for Search Warrant July 6, 2010

I, Dave Hall, after being duly sworn, depose and say that:

I am a police officer with the City of Coquille, and have been so employed for the previous 7 years. I have been assigned the investigation involving the disappearance of Leah Freeman, DOB 10/29/84, that occurred on or about Wednesday, June 28, 2000.

The following information came from interviews performed by police officers that have in return passed this information on to me either in person or by means of their report.

On June 29, 2000, Cory Courtwright, the mother of Leah Freeman, contacted the Coquille Police Department and indicated that her daughter, Leah Freeman, had not returned home the previous evening. Ms. Courtwright indicated: that Leah and her boyfriend, Nicholas McGuffin, had been at the Courtwright home at Knott Street in Coquille during the afternoon hours of Wednesday June 28; that they had been cleaning a car belonging to McGuffin; that everything appeared to be fine between McGuffin and Freeman; and that after a period of time, McGuffin and Freeman left together. Ms. Courtwright further indicated that she believed Leah to be a "good kid" who had never run away before and that she was unaware of any reason why Leah would not have come home.

Nicholas McGuffin was interviewed and he indicated: that on June 28, 2000, in the afternoon, that he had been with Leah at her house on Knott Street; that they did leave together; that they first went and picked up Brent Bartley; that they then went to McGuffin's home and picked up some videos; that they went to the house of Bartley's grandparents by the last name of Haga to watch movies; that McGuffin and Bartley left for a period of time to get food; that they returned with the food; that after he and Leah had eaten, that around 7 PM, McGuffin took Leah to the home Sherrie Mitchell, located on Elm Street in Coquille, Oregon; that he left Leah at the home and has not seen or spoken with her since that time.

Sherrie Mitchell and her mother, Peggy Mitchell, were subsequently interviewed. They indicated: that Leah arrived at their home around 7 PM; that near 9 PM, Leah asked Sherrie if she wanted to go jogging; Sherrie indicated she did want to jog, but that she needed permission from her mother to do so; that Sherrie went to her mother and asked permission; that Leah was in another part of the house, but within hearing distance of the conversation; that Sherrie's mother denied Sherrie permission to go jogging with Leah; that Sherrie and her mother got into a loud shouting match over Sherrie not being able to go jogging; and that Leah left shortly thereafter, at approximately 9 PM, and that she left the Mitchell residence on foot. Neither Sherrie nor her mother have seen or heard from Leah since.

It should be noted that I know based upon my own personal observations that Knott Street is located north of Elm Street in Coquille and that a way to get there on foot would be to walk north on Central Avenue in Coquille. I also have seen the vehicle driven by McGuffin and I know it to be a 1967 Ford Mustang, blue in color.

The Coquille Police have interviewed additional witnesses. Ashley Hutchinson indicated: that she knows Leah Freeman; that on Wednesday June 28, she saw Leah walking northbound on Central Avenue in front of the McKay's Market near the phone booth located in the parking lot; and that Lea appeared to be angry or upset as she was walking with her head down and her arms folded across her chest. (I know based upon my own personal observations that McKay's Market would be east of Elm Street and would be on the way to Knott Street if one was walking north on Central.) Mark Kirn and Mike McAdams were interviewed and they indicated that on Wednesday June 28, at approximately 9:05 PM, they were having something to eat at Hunter's Restaurant, which is located on Central Avenue and is a short distance north of the McKay's Market. They both indicated that they know Leah Freeman and that they saw her walk northbound by the restaurant at about 9:05 PM. Mr. Ray Lewis was also interviewed and he indicated that he knows Leah Freeman. He further indicated that on Wednesday June 28, he was driving on Central Avenue and that at approximately 9:15 PM he saw Leah Freeman walking north on Central Avenue and that she was near the Oregon Federal Credit Union office, which I know is located north of Hunter's Restaurant. Both Hunter's Restaurant and Oregon Federal Credit Union would be on the way to Knott Street if one were walking north on Central.

Given these statements from the above witnesses, it appears that Leah was walking from the Mitchell residence on Elm Street to Leah's home on Knott Street and never made it home.

Chief Mike Reeves of the Coquille Police Department interviewed Nicholas McGuffin. I know Chief Reeves to be a truthful and reliable police officer. Chief Reeves has informed me that McGuffin indicated: that after dropping Leah off at the Mitchell residence, that he drove around Coquille for awhile in his car; that he then went back up to the Haga residence where he had been previously; that he then went to the Fast Mart, (which I know based upon my own personal observations is located on Central Avenue between McKay's Market and Hunter's Restaurant); and that at approximately 9 PM he returned to the Mitchell residence to pick up Leah. McGuffin indicated that he learned that Leah had all ready left on foot. He then indicated that he drove north on Central and drove to Knott Street. McGuffin indicated that he did not see Leah and that he then turned around and drove south on Central looking for Leah. McGuffin indicated that he did not find her.

McGuffin further told Chief Reeves: that he continued to drive around Coquille looking for Leah; that at approximately 10:15 PM he went back to the Mitchell residence and learned Leah was not there; that the Mitchells convinced him to call Leah's home and see if she was there; that he did call Leah's home and learned that Leah was not home; that he drove around for awhile and that around 11 PM, he picked up his friend, Brent Bartley; that he and Bartley then drove around Coquille until approximately 2:30 AM of Thursday morning looking for Leah; that they did not find Leah; that he dropped Bartley off; that he then drove to Leah's home on Knott Street; that he saw a light on Leah's room; that he approached the window to her room and attempted to contact Leah; that he got no response; that he eventually went home; that in the morning he was contacted by Leah's mother and told she had not come home the night before; and that he then looked again for Leah along Central with Leah's mother.

Chief Reeves indicated to me that there were two things about McGuffin's account that caused him some concern. The first was McGuffin's claim that he drove up and down Central looking for Leah and his claim that he did not see her, when in fact several persons saw her walking on Central at the same time he claimed to be looking for her. The second was the fact that in all the time that McGuffin claimed he was looking for Leah, (except for the time at 2:30 AM) that he never physically went to Leah's house to see if she was home, even though he had to have been close by on several occasions.

Sherrie and Peggy Mitchell confirmed that McGuffin was at their home at approximately 9:05 PM and again at 10:15 PM and that he did make the phone call to Leah's residence. Brent Bartley confirmed that he rode with McGuffin between 11 PM and 2:30 AM looking for Leah and that they did not find her.

The Coquille Police also interviewed Denise Freeman, who is Leah's sister. Denise Freeman indicated: that she works at Denny's Pizza, (which I know based upon my own personal observation is located several blocks south and one block to the east of the McKay's Market and would not be on the route one would follow if one was walking on Central north to Knott Street from McKay's Market; that on the evening of June 28 she was working at Denny's; that sometime between 9:15 and 9:30 PM, McGuffin came into Denny's and asked Denise Freeman if she had seen Leah; that Denise told McGuffin that she had not seen Leah; that McGuffin left shortly after he came in; returned between 11:00 and 11:30 PM; that just before he left, McGuffin told Denise Freeman something to the effect of "I've got to go. I've got someone in the car."

Chief Reeves has informed me that McGuffin did not tell him about being at Denny's Pizza nor that he had anyone in the car with him during the time he was driving up and down Central looking for Leah. Indeed, the only person McGuffin ever mentioned to Chief Reeves being in his car while he was engaged in searching for Leah was Brent Bartley.

Sharon Nelson was also interviewed. Ms. Nelson was a teacher at Coquille High School and has recently been appointed the dean of students at Coquille Valley Middle School. Ms. Nelson indicated: that both Leah and McGuffin were students at Coquille High School during the last school year; that she observed that Leah and McGuffin appeared to be boyfriend and girlfriend; that there appeared to be physical abuse in the relationship; that she had observed that Leah on occasion would hit McGuffin and that he would respond in defense; and that McGuffin did have a flash temper.

Cory Courtwright further indicated that her daughter had an appointment with the Coos County Health Department for Friday, June 30. The Health Department has confirmed that an appointment was scheduled but that Leah did not keep the appointment.

Due to the inconsistencies in McGuffin's statements, on July 5, 2000, it was decided to interview McGuffin again and to also offer him the opportunity to take a polygraph examination. Detective Mark Ranger of the Oregon State Police has informed me that McGuffin consented to take the test and that Ranger actually performed the test. I know Ranger to be a truthful and reliable police officer and that he is a qualified and certified polygraph examiner with several years of experience and who has performed numerous polygraph examinations.

Ranger informed me that the test he performed had three pertinent questions. Those questions were:

1. Did you physically do something that resulted in Leah's death?
2. Did you have any direct involvement in Leah's disappearance?
3. Have you talked to Leah since last Wednesday night after 9 PM?

Detective Ranger has informed me that McGuffin answered no to all three questions. Detective Ranger has also informed me that based upon his training and experience and the reactions by McGuffin which was monitored by the polygraph, that Ranger is of the opinion that McGuffin was not being truthful to any of the three questions listed above.

It should be noted that in all contacts with the police, including the contact of July 5, 2000, that McGuffin was cooperative and non-confrontational. Detective Ranger has told me that before and during the test that McGuffin was cooperative and non-confrontational. However, Detective Ranger indicated that after the test, he informed McGuffin of his failure on the three questions. At that point, McGuffin's attitude changed dramatically. According to Ranger, amongst other things, McGuffin stated angrily something to the effect of "The polygraph is not evidence. You don't have shit!" McGuffin then left the interview.

Before the polygraph test, McGuffin consented to a search of his vehicle. He consented to the search and he allowed it to be taken into custody of the Coquille Police. The vehicle has been moved to the Oregon State Police Crime Lab in Coos Bay, Coos County, Oregon for the purpose of examining it for any evidence indicating the current location and/or condition of Leah Freeman. I have seen the vehicle and it is described as 1967 Ford Mustang, blue in color.

Based upon the above information, I believe it likely that Leah Freeman has been the victim of some sort of violence at the hand of Nicholas James McGuffin and that he then transported Leah Freeman in his vehicle to an unknown location.

I know based upon my training and experience that a person being transported in a car can leave behind in the vehicle trace evidence, such as hair, skin particles, and clothing fibers that can then be used to identify a person. I also know that a person being transported in a car can also pick up on its person trace evidence, such as dirt and dust particles and fabric fibers that can be used to show if that person had actually been in that car. I also know that a car can be examined, both from the inside and from the exterior, for dirt and soil samples that can be compared with samples from a particular location to determine if in fact the car was at the location in question. I also know that impressions of the tread of tires on cars can be compared with tire tracks found at a scene to determine if the vehicle is the on which made the tracks in question.

I also know that if a person has been subjected to violence that bodily fluids such as blood, saliva, urine and fecal material may be released from the victim and that those bodily fluids may be found in a car used to transport such a victim. If sexual violence occurred, vaginal fluids and semen may also be present and can be recovered from such a vehicle. I also know that items sometimes used in assaults, such as tire irons and other car related equipment can be used as bludgeoning devices and that such evidence as hair, fibers and bodily fluids may be present on them. I also know that if a firearm was used, that when the weapon is fired, that the weapon will expel gunpowder residue which can found on the person that has been shot and that can also be transferred from the person who was shot to a vehicle used to transport such a victim.

I also know based upon my training and experience that persons who transport other persons to discreet hiding locations in a vehicle will sometimes keep in the vehicle documentary evidence of the hiding place. These would include, but are not limited to, maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries.

Based upon the above information, I have probable cause to believe and do believe that evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, trace evidence, hair, skin particles, clothing fibers, dirt and dust particles and fabric fibers, dirt and soil samples from the interior and exterior, tire track impressions, blood, saliva, urine, fecal material, vaginal fluids, semen, gunpowder residue and documentary evidence of a hiding place for Leah Freeman, including but not limited to maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries is currently located on or in a 1967 Ford Mustang automobile, blue in color, Oregon License #PEA 840 which is currently located at the Oregon State Police Crime Lab located in Coos Bay, Coos County, Oregon.

Wherefore, I pray that this Court issue a warrant to search the above described vehicle and for an order seizing the above described evidence.

Search Warrant issued July 6, 2000 to search 1967 Ford Mustang owned by Nicholas McGuffin and the results of the search

Warrant to Search 1967 Ford Blue Mustang July 6, 2000

IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF OREGON,

GREETINGS:

You are hereby commanded to search the vehicle described as a 1967 Mustang, Blue in color, which is currently located at the Oregon State Police Crime Lab in Coos Bay, Coos County, Oregon;

FOR: Evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, trace evidence, hair, skin particles, clothing fibers, dirt and dust particles and fabric fibers, dirt and soil samples from the interior and exterior, tire track impressions, blood, saliva, urine, fecal material, vaginal fluids, semen, gunpowder residue and documentary evidence of a hiding place for Leah Freeman, including but not limited to maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries;

and to seize the aforesaid objects of the search; and

You are further directed to make return of this warrant to me within five (5) days after the execution thereof.

Issued over my hand on July 6, 2000, at 10:20 A.M.

I, the undersigned police officer, executed the attached warrant on on July 6, 2000 at 10:40 A.M. and state that the following is a true list of things seized by me pursuant to the warrant:

1. Vacuum Sweepings (Crime Lab)
2. Duct Tape End 3/4 Inch Piece (Crime Lab)
3. 1 Roll and 1 Partial roll of Film (Photos Crime Lab Took)

Affidavit, dated July 27, 2000, for search warrant to search the person of Nicholas McGuffin, the 1991 Ford Thunderbird owned by the parents of Nicholas McGuffin, the property located at North Fir in Coquille, Oregon and the property located at Baker Road in Coquille, Oregon.

AFFIDAVIT FOR SEARCH WARRANT July 27, 2000

I, Dave Hall, after being duly sworn, depose and say that:

I am a police officer with the City of Coquille, and have been so employed for the previous 7 years. I have been assigned the investigation involving the disappearance of Leah Freeman, DOB 10/29/84, that occurred on or about Wednesday, June 28, 2000.

I previously applied to the Court for a search warrant for the car of Nicholas McGuffin. A copy of the affidavit that I swore to in support of that warrant is attached hereto, marked Exhibit A and by this reference is incorporated herein.

The search warrant for the Mustang was executed on July 6, 2000. Kathy Wilcox, who I know is employed by the Oregon State Police as a forensic scientist examined the vehicle in question. She has informed me that during the examination nothing of significance was noted. However, when the trunk was opened, she noted that the trunk was empty. There was no liner, no spare tire, no jack nor was there a tire iron.

I have spoken with Lt. Buddy Young, who I know to be a lieutenant with the North Bend Police Department. I know Lt. Young to be a truthful and reliable police officer. Lt. Young has informed me that: he has spoken with the father of Nick McGuffin, Mr. Bruce McGuffin; that Lt. Young explained that it was curious that there had been nothing found in the trunk; and that Mr. Bruce McGuffin explained that the items had been removed from the trunk as the car was in need of repair. I did note that the rear quarter panel of car appeared to have been recently replaced or repaired and that it appeared that the car had a leak from the gasoline tank.

I have attached to this affidavit, marked Exhibit B a map of the Coquille area. I have done so as to better explain the locations of certain events depicted in this affidavit.
I have marked the following approximate locations on the map:

#1 - depicts the approximate location of Leah Freeman's residence;
#2 - depicts the approximate location of the Mitchell residence, which was the location from which Leah was walking when she disappeared;
#3 - The approximate location of McKay's Market, where Leah was sighted;
#4 - The approximate location of Hunter's Restaurant, where Leah was sighted;
#5 - The approximate location of the Haga residence, where Leah Freeman, Nick McGuffin and Brent Bartley and his girlfriend had been at prior to Nick McGuffin taking Leah to the Mitchell residence.

I need for the Court to note that Elm Street has two different locations within Coquille. The first segment is located off of West 4th Street and is approximately one block long. The second segment is several blocks long and is located off of Central next to the Masonic Cemetery and the old IOOF Cemetery. In addition, the Court needs to be aware that the Elm street location next to the cemeteries is a paved road and that by going north on this segment of Elm Street, one will eventually reach 18th street and that by turning west on 18th, one can travel a short distance to Fir Street then turn north on Fir which then changes into Dean Minard Road. At the end of Dean Minard is the Haga residence.

There are two routes one can use to get to the Haga residence. One would be to take the above-described route, which incidentally is paved. The other a would be to turn north off of Central directly onto Fir. However, I know based upon my own observations that Fir is a gravel road until in it intersects with 18th Street. I also note, again based upon my own observations, that most persons wishing to travel to the north end of Fir Street and Dean Minard Road will use the Elm Street route so as to avoid the gravel portion of Fir Street.

On July 3, 2000, Mr. Tony Messerle reported to the Coquille Police Department that: he works for Coos County at the County Shop; that he works on the swing shift and normally gets off of work at between 11:00 PM and 11:30 PM; that on June 28, 2000, he started for his residence, which would require him to drive on Elm Street next to the Masonic and IOOF cemeteries; that at approximately 11:30 PM, as he was headed for home on Elm Street, that he saw beside the road a Nike shoe; that he thought the shoe might belong to one of his kids or one of the kids in the neighborhood; that he picked up the shoe and took it home; and that when he learned that Leah had disappeared, he realized that the shoe may have some connection to the case and then brought the shoe to the Coquille Police. The approximate location where this shoe was found is marked #6 on the attached map.

I have spoken with Sgt. Kip Oswald of the Coos County Sheriff's Office. I know Sgt. Oswald to be a truthful and reliable police officer. Sgt. Oswald has informed me: that on July 4, 2000, he was on routine patrol in Coos County; that he patrolled an area known as Hudson Ridge which is located in the Fairview area that is east of Coquille; that as he was on a dirt road by some power lines on Hudson Ridge that he found on or near the road a Nike shoe; and that as he was aware of Leah Freeman being missing, that he picked up the shoe to see if it was somehow connected to the case.

I have compared these two shoes and I note that they appear to be a matching set. They are the same color and size. The one from Elm Street is for the right foot; the one from Hudson Ridge is for the left foot. I caused that both shoes be sent to the Oregon State Police Crime Lab for examination.

On July 17, 2000, I was contacted by Kathy Wilcox of the Oregon State Police Crime Lab in Coos Bay. Ms. Wilcox informed me: that she had examined the shoes; that on the left shoe, the one located on Hudson Ridge, that she had found small droplets of blood; that the blood was located on the sole of the shoe; that she had tested part of the blood and determined that it was in fact human blood; that based upon the size and outlines of the droplets, that the blood droplets appeared to be blood spatter and that it appeared to be consistent with what is known as medium to high velocity blood spatter. Ms. Wilcox has explained to me that medium to high velocity blood spatter occurs when an object, such as a club or a bullet, moving at a fast speed, strikes an object which contains blood, such as a part of a human body, with such force that a wound is opened thus causing blood to splatter.

Ms. Wilcox also informed me that there was sufficient blood on the shoe to do a DNA test, which I know to be a test that can determine if the blood is from a particular person. I have obtained from the Freeman residence the hair and tooth brush of Leah Freeman that can be used to obtain a DNA sample for Leah and can be used to compare with the DNA from the shoe. I also know that if a sample of DNA is taken from a potential suspect that it too can be compared to the DNA on the shoe. The shoes and brushes have been sent to the Oregon State Police Crime Lab that performs these types of tests.

The above-described shoes were shown to Denise Freeman, a sister of Leah Freeman. She has stated that she believes the shoes to be the property of Leah Freeman.

Since the discovery of these shoes, there have been searches of the areas where they were found. On Hudson Ridge, in addition to a search by law enforcement personnel, specially trained dogs used to find cadavers were also employed. Nothing of interest was found.

On June 29, 2000, after Leah's disappearance had been reported to the Coquille Police, and after I had found out that Leah, McGuffin and Bartley had been to the Haga residence at the end of Fir Street/Dean Minard Road earlier on June 28, myself and Chief Reeves went to the Haga residence to see if she was there. No one was at the residence. However, we did note that on the deck area there appeared to be several beer cans and a white men's sleeveless T-shirt. At the time we had a description of the clothes that Leah was wearing at the time she disappeared, which included a white top. At the time we were at the Haga residence, I believed that she had been wearing a female white tank top. As the T-shirt I saw did not match with a female tank top, I did not seize the shirt. Later that day, after speaking with the Freeman family, I realized that she had been wearing a man's sleeveless T-shirt. At that time I realized that the shirt I saw at the Haga residence was of potential significance. I drove back to the Haga home to obtain the shirt. However, when I arrived back at the Haga house the deck area had been cleaned and the shirt and beer cans were gone.

Nick McGuffin has also supplied me with a copy of a photograph of Leah Freeman that was taken on the day she disappeared. McGuffin explained that he took several pictures the day that Leah disappeared. A copy of the photo is attached hereto, marked Exhibit C and by this reference is incorporated herein. McGuffin did not share with the police any other photo taken that day.

By examining public records, I have determined that the above Haga property is described as having the address of 2008 North Fir, Coquille, Oregon. According to the Coos County Assessor, there is approximately 40 acres of land owned by Mr. and Mrs. Haga at that location. Copies of the Assessor's records are attached hereto, marked Exhibit D and by this reference are incorporated herein.

In speaking with Mr. Nick McGuffin, he has informed me that he lives with his parents on Baker Road, Coquille, Oregon. According to Coos County Assessor's records, the property on Baker Road is owned by Bruce and Kathleen McGuffin and consists of approximately 7.5 acres and includes a residence and a mobile home thereon. Copies of the Assessor's records are attached hereto, marked Exhibit E and by this reference are incorporated herein.

I have viewed the Haga and McGuffin properties and I can describe them as being heavily wooded areas.

I have spoken with Paul Frasier, who I know to be a deputy district attorney for Coos County and who has been asked by the District Attorney to assist in this investigation. I know Mr. Frasier to be a truthful and reliable person. Mr. Frasier has told me: that on July 20, 2000, he convened the Coos County Grand Jury for the purpose of assisting in this investigation; that he had 3 witnesses testify at the hearing; that he had obtained prior permission of the Court to record the testimony; that three individuals, Aaron West, David Jenkins and Josh Emler testified that they had contact with Nick McGuffin early in the evening of June 28, 2000; that during that contact they met with McGuffin at Johnson Mill Pond which is located south of Coquille off of Highway 42; that while at the Pond, all 4 of them smoked marijuana; that apparently Leah had been dropped off at the Mitchell residence during the time they were with Nick McGuffin as Leah was not with Nick and that when Nick left, he indicated that, he was going to pick Leah up; that at that time, Nick was driving the blue Mustang; and that later in the evening they saw Nick in Coquille and that he was driving a maroon Thunderbird automobile.

In addition, Mr. Frasier told me that a Jason Rice testified at Grand Jury and that Mr. Rice testified he saw Nick McGuffin with the Thunderbird on the evening of June 28, 2000, at the Fast Mart in Coquille. Mr. Rice was not sure of the time, but it was after dark. I noted that at that time, it did not get dark until approximately 9:45 PM.

Mr. Frasier also told me that Mark Kim testified at the Grand Jury and that sometime between 9 and 10 PM at the Fast Mart he saw Nick McGuffin driving the Thunderbird.

According to Coquille Police records, Nick McGuffin was stopped by the Coquille Police on June 28, 2000 at approximately 10:30 PM while driving the blue Mustang. He was stopped again in the early morning hours of June 29, 2000 and he was driving the blue Mustang.

It appears to me that if West, Jenkins, Emler, Kim and Rice are correct in their observations regarding McGuffin driving a Thunderbird, that sometime after 9 PM Nick McGuffin switched from the blue Mustang to the Thunderbird and then back to the Mustang. This would have occurred during the same time frame that Leah Freeman disappeared.

I caused a check to be made with the Department of Motor Vehicles and learned that Bruce and Kathleen McGuffin of Baker Road, Coquille, Oregon are the registered owners of a 1991 Ford Thunderbird. I have seen this vehicle and I know it to be maroon in color and I have seen Nick McGuffin drive the vehicle before.

I would also ask the Court to note the location of the last sightings of Leah in connection with the location of the shoe found on Elm Street and the location of the Haga residence. These sightings and the location of the shoe would be consistent with a route to go to the Haga property.

According to Leah's mother, Cory Courtright, on June 28, 2000, Leah was wearing a white men's sleeveless T-shirt, blue jeans and Nike tennis shoes.

Due to the information that human blood, consistent with high velocity blood splatter, has been found on a pair of shoes which is believed by Denise Freeman to be shoes belonging to Leah Freeman, and the fact the Leah Freeman has been missing from June 28, 2000, I believe that Leah Freeman is probably the victim of criminal violence and that she may even be deceased. Further, I believe it likely that Leah Freeman has been the victim of some sort of violence at the hand of Nicholas James McGuffin and that he then transported Leah Freeman to an unknown location.

I know based upon my training and experience that a person being transported in a car can leave behind in the vehicle trace evidence, such as hair, skin particles, and clothing fibers that can then be used to identify a person. I also know that a person being transported in a car can also pick up on its person trace evidence, such as dirt and dust particles and fabric fibers that can be used to show if that person had actually been in that car. I also know that a car can be examined, both from the inside and from the exterior, for dirt and soil samples that can be compared with samples from a particular location to determine if in fact the car was at the location in question. I also know that impressions of the tread of tires on cars can be compared with tire tracks found at a scene to determine if the vehicle is the on which made the tracks in question.

I also know that if a person has been subjected to violence that bodily fluids such as blood, saliva, urine and fecal material may be released from the victim and that those bodily fluids may be found in a car used to transport such a victim. If sexual violence occurred, vaginal fluids and semen may also be present and can be recovered from such a vehicle. I also know that items sometimes used in assaults, such as tire irons and other car related equipment can be used as bludgeoning devices and that such evidence as hair, fibers and bodily fluids may be present on them. I also know that if a firearm was used, that when the weapon is fired, that the weapon will expel gunpowder residue which can found on the person that has been shot and that can also be transferred from the person who was shot to a vehicle used to transport such a victim.

I also know based upon my training and experience that persons who transport other persons to discreet hiding locations in a vehicle will sometimes keep in the vehicle documentary evidence of the hiding place. These would include, but are not limited to, maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries.

I also know based upon my training and experience that a person who is involved in perpetrating violence on another will often times have evidence from the person assaulted transfer to the perpetrator's person or clothing. For example, a person involved in a shooting or a beating may have on his person or clothing or shoes trace evidence, such as gunpowder residue and blood splatter. Such clothing and shoes are often kept in the residence of the perpetrator. If a struggle ensued, such evidence may include hair and skin fragments, along with fibers and other forms of trace evidence. There may be injuries such as bruises and cuts upon the perpetrator's body. If the perpetrator's body is examined, photographs may be taken of such injuries. In addition, trace evidence from the perpetrator may be transferred to the victim. This could include blood, saliva, semen (if a sexual assault took place) and hair and skin fragments. Consequently, if a DNA sample and full body hair samples are obtained, they can be compared with any such items found on the victim to see if they are one and the same.

In addition, persons involved in such criminal behavior sometimes write down their thoughts and actions, which would be included in such things as journals and diaries. The person who transports other persons to discreet hiding locations will sometimes keep documentary evidence of the hiding place. These would include, but are not limited to, maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries. Again, such items are usually kept in the home of the perpetrator.

Further, if in fact Leah Freeman is deceased, her body must have been placed in a discreet hiding place. Given that the McGuffin property consists of over 7 acres of wooded land, and the Haga property consists of approximately 17 acres of wooded land, either location could have been used to hide the body of Leah Freeman. This is further likely given the facts that it appears that Leah may have been walking to the Haga property on the night she disappeared, the fact that nothing of interest was found in the area where the shoes were located, the fact that a white sleeveless T-shirt disappeared from the Haga property before the police could seize it and the fact that for some reason, Nick McGuffin switched cars during the time frame that Leah disappeared.

Based upon the above information, I have probable cause to believe and do believe that evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, trace evidence, hair, skin particles, clothing fibers, dirt and dust particles and fabric fibers, dirt and soil samples from the interior and exterior, tire track impressions, blood, saliva, urine, fecal material, vaginal fluids, semen, gunpowder residue and documentary evidence of a hiding place for Leah Freeman, including but not limited to maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries, and the clothing of Leah Freeman, including but not limited to a men's white sleeveless T-shirt and blue jeans, is currently located on or in a 1991 Ford Thunderbird automobile, maroon in color, Oregon License #SMQ 836 which is currently located in Coos County, Oregon.

Further, I have probable cause to believe and do believe that evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, trace evidence, hair, skin particles, clothing fibers, dirt and dust particles and fabric fibers, dirt and soil samples, blood, saliva, urine, fecal material, vaginal fluids, semen, gunpowder residue, the clothing of Leah Freeman, including but not limited to a white men's sleeveless T-shirt and blue jeans, the body or person of Leah Freeman and documentary evidence of a hiding place for Leah Freeman, including but not limited to maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries, and photographs taken of Leah Freeman on June 28, 2000, is currently located on or in the acreage and real property and any and all residences, out buildings appurtenances and improvements located thereon and associated with the address of 56246 Baker Road, Coquille, Coos County, Oregon. This property is further described in the attached Exhibit E.

Further, I have probable cause to believe and do believe that evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, trace evidence, hair, skin particles, clothing fibers, dirt and dust particles and fabric fibers, dirt and soil samples, blood, saliva, urine, fecal material, vaginal fluids, semen, gunpowder residue, the clothing of Leah Freeman, including but not limited to a white men's sleeveless T-shirt and blue jeans, the body or person of Leah Freeman and documentary evidence of a hiding place for Leah Freeman, including but not limited to maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries, is currently located on or in the acreage and real property and any and all residences, out buildings appurtenances and improvements located thereon and associated with the Haga residence, Coquille, Coos County, Oregon. Said property is further described in the attached Exhibit D.

Further, I have probable cause to believe and do believe that evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, a DNA sample, full body hair samples, bruises and cuts and other trace evidence is currently located on or in the person of Nicholas James McGuffin, DOB 04/25/82.

Wherefore, I pray that this Court issue a warrants to search the above described vehicle, property and person and for an order seizing the above described evidence.

Search Warrants issued July 27, 2000 to search the person of Nicholas McGuffin, the 1991 Ford Thunderbird owned by the parents of Nicholas McGuffin and the Property located at Baker Road in Coquille, Oregon

Three Search Warrants July 27, 2000

IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF OREGON,

GREETINGS:

You are hereby commanded to search the person of Nicholas James McGuffin, DOB 04/25/82, who is located in Coos County, Oregon;

FOR: Evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, a DNA sample, full body hair samples, bruises and cuts and trace evidence;

and to seize the aforesaid objects of the search; and

You are further directed to make return of this warrant to me within five (5) days after the execution thereof.


IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF OREGON,

GREETINGS:

You are hereby commanded to search the vehicle described as a 1991 Ford Thunderbird automobile, maroon in color, which is currently located in Coos County, Oregon;

FOR: Evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, trace evidence, hair, skin particles, clothing fibers, dirt and dust particles and fabric fibers, dirt and soil samples from the interior and exterior, tire track impressions, blood, saliva, urine, fecal material, vaginal fluids, semen, gunpowder residue and documentary evidence of a hiding place for Leah Freeman, including but not limited to maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries, and the clothing of Leah Freeman, including but not limited to a men's white sleeveless T-shirt and blue jeans, and to seize the aforesaid objects of the search; and

You are further directed to make return of this warrant to me within five (5) days after the execution thereof.


IN THE NAME OF THE STATE OF OREGON

TO ANY POLICE OFFICER IN THE STATE OF OREGON,

GREETINGS:

You are hereby commanded to search the acearage and real property and any and all residences, out buildings appurtenances and improvements located thereon and associated with the address of (Nick's Parent's House), Coquille, Coos County, Oregon. This property is further described in the attached Exhibit E;

FOR: Evidence of the crimes Criminal Homicide, as defined in ORS 163.005 and Assault, as defined in ORS 163.160 through 163.185, including but not limited to, trace evidence, hair, skin particles, clothing fibers, dirt and dust particles and fabric fibers, dirt and soil samples, blood, saliva, urine, fecal material, vaginal fluids, semen, gunpowder residue, the clothing of Leah Freeman, including but not limited to a white men's sleeveless T-shirt and blue jeans, the body or person of Leah Freeman and documentary evidence of a hiding place for Leah Freeman, including but not limited to maps, notes with directions, addresses or locations written thereon, letters and journal or diary entries, and photographs taken of Leah Freeman on June 28, 2000,

and to seize the aforesaid objects of the search; and

You are further directed to make return of this warrant to me within five (5) days after the execution thereof.

Supplement Affidavit for Search Warrant dated July 28, 2000 submitted outlining new information in connection with the Affidavit for Search Warrant submitted on July 27, 2000

SUPPLEMENTAL AFFIDAVIT FOR SEARCH WARRANT July 28, 2000

I, Dave Hall, after being duly sworn, depose and say that:

I am a police officer with the City of Coquille, and have been so employed for the previous 7 years. I have been assigned the investigation involving the disappearance of Leah Freeman, DOB 10/29/84, that occurred on or about Wednesday, June 28, 2000.

On July 27, 2000, I applied to the Court for search warrants to search the McGuffin property, along with a Thunderbird automobile and the person of Nicholas McGuffin. The Court granted those warrants. I would ask the Court to take judicial notice of the affidavit in support of those search warrants, which is in the custody of the Court. As of the time this affidavit is being presented to the Court, those warrants have not been executed. Since 1 submitted that information to the Court, additional information has come to my attention and I ask that the Court take into account this information as additional evidence to support those warrants all ready issued but not executed.

As the Court will recall from the previous affidavit, Mr. Brent Bartley is an acquaintance of Nicholas McGuffin and was with him during the evening and early morning hours of the evening that Leah Freeman disappeared. The police have interviewed Mr. Bartley. At the request of the police, Mr. Bartley was requested to submit to a polygraph examination. Mr. Bartley agreed to take the test and it was administered the same day Nicholas McGuffin submitted to a test that is outlined in the previous affidavits submitted to the Court. Detective Mark Ranger of the Oregon State Police administered that test.

Detective Ranger has informed me: that his examination of Brent Bartley was to determine if he had any direct involvement in the disappearance of Leah Freeman; that while Mr. Bartley passed the questions in which he denied any direct involvement in the disappearance of Leah Freeman, Detective Ranger did tell me that he saw indications in the test which caused Ranger to believe, based upon Ranger's experience as a polygraph examiner, that Bartley did have some knowledge as to what had happened to Leah. When confronted with this information, Barley denied having any knowledge as to what happened to Leah. Bartley subsequently retained counsel.

Bartley, with counsel, agreed to talk further with investigators regarding the disappearance of Leah. That occurred on Tuesday July 25, 2000. The officers who conducted that interview have informed me that Bartley again denied having any knowledge as to what had happened with Leah. The officers informed me they specifically asked Bartley if he had any knowledge that Nick McGuffin was involved in Leah's disappearance. Bartley denied any such knowledge. However, Bartley did agree to submit to another polygraph examination.

On Thursday, July 27, 2000, Brent Bartley, with counsel, submitted to the second requested polygraph examination. Detective Ranger once again performed the test. Detective Ranger has informed me: that he did in fact conduct the test on July 27, 2000; that he asked several questions of Bartley; that one question was to the effect of "Has any one told you that they are responsible for Leah's disappearance?"; that another question was to the effect of "Are you withholding critical information regarding the disappearance of Leah?"; that Bartley responded no to both questions; that based upon Bartley's reactions to these two questions, that Ranger determined that Bartley was being deceptive; that when confronted with the fact that he had failed the test on the these questions, Bartley continued to deny any knowledge as to what had happened to Leah.

I have spoken with Mr. Paul Frasier, who I know to be a Deputy District Attorney in Coos County and who has been assigned to work on this case on behalf of the district attorney. According to Frasier: on the afternoon of July 27, 2000, he submitted a proposed immunity agreement to Bartley's counsel (a copy of which is attached hereto and by this reference is incorporated herein); that counsel indicated that he shared the agreement with Bartley; and that Bartley continued to deny any knowledge as to what had happened to Leah.

As Bartley is an acquaintance of Nick McGuffin, and as he was with McGuffin on the evening in question, I believe the above information is relevant in to the probable cause determination previously made by the Court. As the warrants authorized on July 27, 2000 have not been executed, I ask the Court to consider this supplemental information as part of our previous request.

Copy of Faxed Proposed "Immunity Agreement" offered to Brent Bartley through his attorney by the Coos County Assistant District Attorney, dated July 27, 2000

Immunity Offer

July 27, 2000
Mr. Nick Nylander
Attorney at Law

Re: Brent Bartley

Counsel:

I have been informed that you are representing Brent Bartley in regard to his knowledge that he may have as to the disappearance of Leah Freeman.

As you know, today Mr. Bartley took a polygraph test. He passed the questions regarding whether he was directly involved in the disappearance of Leah Freeman. However, he was found to be deceptive on the questions regarding whether anyone told him that they were responsible for Leah's disappearance and whether he was concealing critical information regarding Leah's disappearance.

I have authority from Mr. Burgett to make the following offer of immunity. If Mr. Bartley truthfully and fully discloses any and all knowledge he has regarding the disappearance of Leah Freeman, we will give him immunity for any crime regarding Leah Freeman that he may have been involved in that occurred after her disappearance such as hiding her body or disposing of other evidence. We will not give any immunity to Mr. Bartley for any direct involvement he may have had in her disappearance that would include crimes such as homicide, assault, kidnapping or sexual offenses.

We further expect Mr. Bartley to testify in any proceeding involving Leah Freeman. Mr. Bartley's information and testimony must be complete and truthful. Failure to be truthful and complete at all times or to otherwise comply with this agreement will result in its immediate termination.

This agreement pertains only to those charges and potential charges mentioned above. It is not a grant of immunity for any other crime Brent Bartley may have committed.