(The following statement from Jeanne Spencer Parris in response to the dismissal of the murder case against Donald “Doc” Nash ran as a letter to the editor in the Oct. 20 edition of The Salem News.)
Donald Nash’s conviction was “set aside” by the Supreme Court and ordered that the “Court establish a date before which Nash is to be retried by the Prosecuting Attorney…” The Dent County prosecutor has filed a document to dismiss the murder case against Nash giving the only reason “as a result of the passage of time and degradation of evidence affecting the available evidence at this time.”
Donald Nash has not been proven innocent of murdering my sister, Judy Spencer. The reason Donald Nash can’t be retried for Judy’s murder is due to “double jeopardy.” The Salem News article contains incorrect information from the press release issued by Dent County Prosecutor Andrew Curley.
The only evidence that has deteriorated in the case (and caused the dismissal) is the fingernail DNA that had to be retested for the current trial due to a change in a number of the “standards.” The DNA match was proven in 2008/2009. There was no other DNA found under the fingernails — no third person’s DNA. The increase in DNA technology would have most likely allowed that number to increase to provide the match needed today.
Unknown DNA on the shoestring and shoe can be explained because investigators in 1982 touched the evidence while wearing no gloves. Those investigators have not been eliminated as contributors to DNA found on the shoestring and shoe — plus information that Judy had most likely worn those shoes all day due to her recent foot surgery. This “new evidence” had nothing to do with the dismissal of the case.
Both sides had “new evidence” to present had the case been able to go before Judge Callahan on Oct. 19. Our case was stronger than before with new witnesses to testify regarding scratches on Nash’s arms, shotgun usage by Donald Nash, a DNA match to Nash found on Judy’s sock and other damaging information. There is the indication that our case is now “once again unsolved.” The fact is that we were not allowed to move forward with the case to get a conviction for the second time due to deteriorated DNA. We also believe that there are other people who know or may have been involved in what happened the night that Judy was brutally murdered.
According to reports, Donald Nash failed the polygraph test numerous times in 1982. Our family has been accused of having tunnel vision from the beginning of this tragedy. Donald Nash helped plan Judy’s funeral. As the investigation continued, we were given information by investigators. We have pushed no harder than any other family would have pushed after having a loved one brutally murdered.
The night Judy was murdered, records show that Donald Nash said to her “This is the last time you will ever lie to me, b****.” Judy died later that night after a horrible attack and struggle.
We have had to endure one appeal after another for over 11 years. The judges have denied every appeal until the proceedings in St. Charles County started the road to injustice. It is our belief that there is corruption in our system and that needs to change.
We are praying that God will help us learn to live with this injustice and the realization that we weren’t able to get Justice for Judy for the second time. We failed Judy, and our judicial system failed Judy. We are hoping to help change some laws. We will also honor Judy by providing support to other victims of domestic violence in the Dent County area.
It feels as though our Judy has now been murdered for a second time. There has been no innocence proven. We no longer believe in the judicial system to protect victims and insure justice. There is nothing right or fair about this. God help our family and all of Judy’s friends.
