FBI's Privacy Concern Is Misguided, Court Rules

     (CN) - The FBI must turn over documents sought by a man on death row in Texas who hopes to prove that four Oklahoma drug dealers actually committed the 1983 quadruple homicide to which he has been linked, a divided D.C. Circuit panel ruled.
     Lester Bower Jr. was convicted in a state trial of shooting four people to death on Oct. 8, 1983, at a ranch in Sherman, Texas, owned by one of the victims, Bobby Glen Tate.
     The victims' bodies were found in a hangar where Tate stored ultralight aircraft, and Tate's ultralight was missing. In the days leading up to the murders, one of the other victims, Philip Good, had been helping Tate try to sell his ultralight. 
     Good's widow testified that a potential buyer was supposed to pick up Tate's ultralight on the day of the murders. 
     Bower, who is a registered gun owner, admitted that he had called Good about buying the aircraft but did not follow through and was not in Sherman on the day of the murders. Though he denied owning a .22-caliber handgun, which investigators pegged as the murder weapon, a search of his home turned up an instruction manual for a Ruger .22-caliber pistol, information on silencers, a form letter from a company that deals primarily in silencer parts, and a record showing Bower had acquired and sold a Ruger RST-6 .22-caliber pistol on February 12, 1982, and then sold it to himself on March 1, 1982. 
     Sales records proved that, in the weeks before the murder, Bower had ordered eight boxes of bullets for a .22, matching the bullets used in the murder, which are "specialty items" not sold "over the counter" at sporting-goods stores. 
     "In Bower's garage, authorities discovered two ultralight tires and rims with the name 'Tate' scratched into each rim," according to the ruling. "They also seized ultralight tubing that later tests revealed bore a fingerprint from one of the murder victims. In addition, authorities discovered a pair of rubber boots and a blue nylon bag, both of which were stained with blood. 
     Bower eventually admitted to meeting with Tate and Good on the day of the murders, and said he left with the ultralight, but still claims he did not commit the murders.

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FBI's Privacy Concern Is Misguided, Court Rules

The victims' bodies were found in a hangar where Tate stored ultralight aircraft, and Tate's ultralight was missing. In the days leading up to the murders, one of the other victims, Philip Good, had been helping Tate try to sell his ultralight.



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