When Brent and Kimberly arrived at the Carolina Winds on Monday June 8th their reserved room was not yet ready, and so they accepted the hotel’s offer of a different room that was ready. If this were pre-planned Kimberly would not have deviated, or at least resisted the change from their previously reserved room. It was well within Kimberly’s means to delay and to wait until the previously reserved room was made ready. If this were pre-planned then why would Kimberly risk deviating? And then wouldn’t it make sense for Kimberly to make contact with John Boyd Frazier to notify him of this room change? No contact with John Boyd Frazier was ever made.

After the babysitter finally arrived around 9pm on June 9th they planned to go to Dick’s Last Resort for dinner. Once there the wait time was too long and so they changed plans and decided to go to a different restaurant. They went to an alternate place, Fast Eddie’s. If this were pre-planned and part of the plan was to have dinner at Dick’s Last Resort, Kimberly would not have deviated and would have resisted the change of restaurant, the change of plans and at the very least then communicated this change of plans to her co-conspirator. No contact or communication with John Boyd Frazier was ever made.

And especially with all the change of plans happening? A huge hole in the prosecution’s false conspiracy theory was that no contact or communications with John Boyd Frazier was ever made. The police knew this was a problem and vigorously searched hotel phone records, Brent and Kimberly’s phone records, John Boyd Frazier’s phone records and, at one point, a mark on the car John Boyd Frazier was driving. The police falsely thought this mark, that it was her lip print, was the signal. They took lip prints from Kimberly to compare to the mark and there was no match. There was no match because there was no signal. There was no communication with John Boyd Frazier.

The prosecution’s false theory was that Kimberly lured Brent to a secluded spot to be killed, that she used relations as the means to get Brent to that spot, and that it was her idea to have relations outdoors. We looked through her case files and found new evidence of an email/letter from Brent to Kimberly a few days before they left to go to Myrtle Beach. In the email Brent expresses his excitement for this upcoming vacation, that he can’t wait to go and just wants to go now, and that they should do something sexually exciting on this trip and he presents the idea to have relations outdoors sometime during. This new evidence would support what Kimberly maintained all along, that it was Brent’s idea to have relations outdoors.

The beach towel to be used for relations was purchased on their way back to the hotel, after their night out, from a Wings store at 10:52pm. This evidence would support that their relations on the beach was a spontaneous act and not a pre-planned act, that fulfilled Brent’s expressed desire (evidence through the email/letter before the vacation) to have relations outdoors. Being that they would be leaving the next day, this would be the final available night for his request to be fulfilled. This was a spontaneous, last minute purchase, and if it were part of the plan to lure Brent with relations, this beach towel purchase would not have been made last minute, that Kimberly would have purchased this before they went out, or brought this along on their night out, as part of the plan. It would have made more sense, as this was the most important element to the plan, to have this already prepared to bring along on their night out. If this were pre-planned then why would Kimberly risk a place not being open to sell beach towels on the very last available night, and so late at night?

Kimberly and Brent had relations in a semi-secluded spot a little ways back from the beach past 82nd Ave, once a wooded area. The crime occurred on their way walking back to their hotel after relations, between 81st and 82nd Ave along the beach. If this were pre-planned then wouldn’t it make more sense for Kimberly to keep Brent in the semi-secluded area past 82nd Ave until the murder could occur? Kimberly had the means to extend and prolong their relations in this semi-secluded spot. While walking back to their hotel and after they noticed someone following behind them they actually sped up their walking pace. If this were pre-planned then why would Kimberly risk more witnesses to what would transpire?

Kimberly was open and honest about her previous affair with John Boyd Frazier when talking to the detectives immediately after the incident in the early morning hours of June 10th. She only could not rule him out as the assailant, but couldn’t certainly say it was him because the assailant was covered in dark clothing, had on a tactical type police/military ski mask, and she was frightened during the robbery and shooting which lasted less than a minute. But that she didn’t think it was him, that he’d be this stupid to do this. She offered and gave the detectives his contact info, home address, so they could check (He lived in Winston-Salem approx 240 miles away. Winston-Salem police checked his home at 5:45am and he was at home and appeared as if he had been sleeping). If Kimberly conspired with John Boyd Frazier why would she be so forthcoming with all this information about him from the get go?

Brent’s wallet would be found on July 5th a few blocks away from the crime scene. The Myrtle Beach police tested this partial fingerprint against John Boyd Frazier’s fingerprints and there was no match. But the police negligently did not test the partial fingerprints against the alternate suspect’s or against a national crime database.

After the robbery and shooting Kimberly went back home near Winston-Salem, North Carolina and stayed with Katie almost exclusively at her parent’s house. She was in fear after what happened. Her neighbors offered to turn on her house lights at night to make it look like someone was home and to generally watch her house. Kimberly agreed that was a good idea, made and gave them a spare key to her house. Why would Kimberly agree to their offer to watch the house and to have a spare house key made which would let them have unhindered and unsupervised access to her house (while she was away staying at her parent’s house) if she were involved in Brent’s murder and had something to hide? It would have been easy to decline their offer to prevent them from having unhindered and unsupervised access to her house.

As a matter of fact both families, the Poole’s (Brent’s) and the Summey’s (Kimberly’s) knew about her previous affair with John Boyd Frazier. Brent and Kimberly’s friends, their co-workers and their neighbors knew too. If this were pre-planned then why would Kimberly conspire with a man that everyone from family, to friends, to co-workers, to neighbors knew she had a previous affair with?