Police report leaves more questions than answers

Published June 22, 2006 4:00am EST



A copy of the police report of the investigation into the year-old mysterious death of Robert Lee Clay, a Howard County resident and political activist, sheds little light on the case, and is telling more for what it leaves out.

The 34-page report, obtained by The Examiner, is the first glimpse of the police department?s investigation into Clay?s death that has been released to the public. The Examiner had reviewed partial police reports, but filed under the Maryland Public Information Act.

The department has withheld several records dealing with the case claiming it could disclose how they investigate cases and other records were withheld for personal privacy reasons.

In the report, Det. Ronald Berger, a homicide investigator, twice asked for gunshot residue tests four days apart to determine if Clay fired the gun that killed him. But those gunshot residue analyses were not made public by the police department. There is no record included in the file provided to The Examiner to indicate that they did the test, but they did do DNA testing.

According to a June 20 DNA report, “The results obtained from the trigger of the gun are inconclusive.”

However, some DNA samples from the grip were “consistent with the genetic material of Robert Clay,” the report said.

In addition, a paper towel with “apparent blood staining over a majority of the surface” was found at the scene. The blood on it was also tested, with “inconclusive” results.

The report did not address who owned the stolen gun found under Clay?s body. Sharon Clay, Clay?s daughter, said these missing facts are why she thinks the case should be re-opened.

“My concern is how the investigation was conducted, I would be much more satisfied to know that the police followed standard procedures,” she said.

Clay said she still thinks the police, at the very least, jumped to conclusions.

“Everything they took out of the office was to prove it was suicide, not one act was to show that someone else committed the murder,” she said.

Clay said police questioned her about her father?s health not about possible suspects.

“How can you prove it?s not homicide if you never looked for the right clues?” Sharon asked.

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