A few days before they left to go to Myrtle Beach, Brent sent Kimberly an email/letter. In this letter Brent writes about his excitement to go on this upcoming vacation and that they should do something sexually exciting during this trip. He goes on to write that they should have relations outdoors sometime during. This email/letter was never presented during trial and is something new we found in her case files. This evidence was important to present to the jury to challenge the prosecution’s theory that it was Kimberly’s idea to have relations outdoors to lure her husband Brent Poole as part of the plan and that it was solely Kimberly’s idea to go on this vacation to Myrtle Beach, and that Brent was an unwilling and uninterested participant. By not presenting this crucial evidence to the jury, the jury was led to believe the prosecution’s version of events and intentions without a reasonable and believable alternative explanation as to why they would have relations outdoors. This email/letter supports what Kimberly had always maintained, that it was Brent’s idea to have relations outdoors on this vacation.

Along with the two cards he also gave Kimberly a bouquet of flowers. In the cards he wrote a heartfelt apology for how he had been treating her and hoped she could give him another chance and work through the issues. “It wasn’t me. It was someone else,” he would write, feeling ashamed for the person he was to her previously. This supports what Kimberly had always maintained, that there were problems being ignored and that she basically just wanted Brent to wake up and realize there were problems, to which he did. This evidence was never presented at trial. Brent would also write “I don’t want to lose you two,” acknowledging that Katie would stay with her mom. This acknowledgement debunks the prosecution’s false theory that Kimberly had Brent murdered because if she left him she’d lose custody of Katie. Brent acknowledges and accepts that Katie would go with Kimberly. There was no threat of having Katie taken away from Kimberly.

Kimberly put most her household items in a rented storage unit during her brief separation. This evidence was never presented at trial and supports that she only moved in with John Boyd Frazier as a temporary living solution until she could find a place of her own. Kimberly insisted John Boyd Frazier rent her a storage unit so that she could store her property in this storage unit. After Kimberly moved back in with Brent they both went to this storage unit to retrieve her household items. It was important for the defense to show that Kimberly was not permanently living with, and had no intentions of permanently staying with John Boyd Frazier. This was important information that the jury should have known and with its omission they were falsely led to believe that Kimberly’s motive for staying with John Boyd Frazier was to pursue and/or to keep a romantic relationship with him, when in fact, as mentioned before, it was only a temporary living solution until she could find a place of her own.

We found new evidence that this alternate suspect, bartender Bruce, had criminally installed a powerful spyware and remote access program on Kimberly and Brent’s home computer around November 1997. For at least the previous 6 months this alternate suspect had complete and total control by remote access of their home computer. This remote access program being so powerful that the alternate suspect could read their emails, their private chats, turn off/on their webcam, access all files and programs on their computer, all web sites viewed, and view their screen activity in real time. The alternate suspect, bartender Bruce, could also send emails in their name from their computer, hold instant message chats in their name from their computer, essentially masquerade as them. It would be a massive criminal invasion of privacy by someone disturbed who was stalking Kimberly Renee Poole.

It was noted that large amounts of data were deleted from their hard drive. We want a new forensic examination of their hard drive using today’s technology to recover this deleted data. We also want to know when this data was deleted, why it was deleted and if this deletion of data can be attributed to an alternate suspect remotely accessing their home computer. We want a new forensic examination to specifically look for the signs of intrusion via this remote access program and to ascertain from where (a location) this remote access was coming from.

Chris Hensley was the other eyewitness, ignored by the police and the prosecution, who was more visually aware of his surroundings that night being that he noticed Brent and Kimberly having relations a ways off in passing them, that he correctly identified Brent’s striped shirt in that distance at night, and that the man covered in dark clothing walking north and him walking south passed within 10 feet of each other, so close that Hensley offered the passing man a greeting. Eyewitness Chris Hensley’s original suspect composite the night of the murder strongly resembles bartender Bruce. Bartender Bruce was friends with Kimberly and Brent ever since she started dancing at The Silver Fox where he worked as a bartender and his wife also worked as an exotic dancer. Bartender Bruce would notice Kimberly Renee Poole immediately and befriend her. Brent would notice this alternate suspect’s wife. Sometime in early 1998 this alternate suspect would manipulate Kimberly into sleeping with him by lying to her that he got the go ahead to setup the exchange with his wife who Brent was pining for (Brent would send her an unsolicited pic of his genitals), and that they had to go through with it first before his wife then would with Brent. This alternate suspect was also friends with John Boyd Frazier and after he found out that Kimberly was back with Brent, he started aggressively pursuing Kimberly in late May via instant messenger chat. An emerging theory is that this alternate suspect wanted Kimberly. This is clearly evident in the lengths he would go to deceive her into sleeping with him, and after all he was the one who was criminally stalking her the last 6 months and had installed the malicious spyware and remote access program on their computer, a massive criminal invasion of privacy. But Brent was in the way now and killing Brent and having it blamed on John Boyd Frazier would eliminate both competing men from the picture. This would leave Kimberly open for his pursuit of her. After the incident June 9th bartender Bruce calls the police and throws his friend John Boyd Frazier under the bus pointing the finger at him. Bartender Bruce would not anticipate that Kimberly too would be entangled after the Poole family and the police targeted her. This alternate suspect, bartender Bruce, never knew about Kimberly’s previous affairs years earlier. All he knew was that Kimberly was cheating on Brent with his friend John Boyd Frazier, and to an extent him (from that one time which he manipulated her into sleeping with him, getting her to do something she thought Brent wanted her to do). In early June this alternate suspect goes missing. Other bystanders near the beach that night mention in their witness statements about seeing a white van with a number sticker on one of the windows. Kimberly also told the detectives about noticing a van when buying the beach towel at Wings. The police would negligently ignore these statements. This alternate suspect’s friend, living with him during this time, owned and drove a white van with a number sticker on it. Once bartender Bruce’s wife found out about what happened to Kimberly and Brent in Myrtle Beach she immediately and voluntarily checked herself into a psychiatric hospital. Two weeks later she would be almost killed in a car accident under mysterious circumstances and would divorce this alternate suspect soon after, moving across the country.

We want the partial fingerprint lifted from Brent’s recovered wallet tested against the alternate suspect’s fingerprints and tested against fingerprints from a national crime database.

We want that question answered by having the recovered bullet fragments striation marks compared against striation marks recorded from solved and unsolved crimes in the national crime database.

We want this cigarette butt that was recovered near the crime scene and entered into evidence tested for DNA and compared against a national crime DNA database.

On July 5th Brent’s wallet was recovered by a homeowner a few blocks from the crime scene. Near his wallet a key was found and also entered into evidence. We want this key examined for type of key, what this key was used for or could be used for, and anything else to determine what exactly this key went to.