Investigation for the death of Woody Ervin should remain open

You were correct in your Oct. 3 story about the prosecution of Thomas B. Evans Jr. for the murder of Woody Ervin in that you said that the investigation "remains open." It should remain open because there is a murderer who has not been apprehended. A Butler County jury heard the evidence and in 2 hours delivered a "not guilty" verdict.

In response to prosecutor Morley Swingle's comments this week: There was no "we" in the prosecution of Thomas Evans Jr. for murder that he did not commit. The sole decision to arrest and prosecute this 20-year-old young man with no record was made by the prosecutor of Cape Girardeau County. Thomas Evans Jr. was deprived of his liberty for the 14 months he languished in the cold county jail.

Evans' "confession to two very excellent officers" was given no consideration by the jury -- it was a false confession obtained after 8 1/2 hours of drilling, physically backing this young man into a corner for 2 1/2 hours of interrogation, akin to "mental waterboarding"; thankfully our justice system does not allow the prosecutor to simply announce in his opinion that anyone is guilty.

It is interesting to note that halfway through the trial and after hearing the actual evidence, the family members of the victim informed the defendant's family that they did not think that Thomas was guilty and spent the rest of the trial sitting with Thomas Evans Sr. The victim's family members were shocked and appalled at how the interrogators had treated Thomas.

The physical evidence at the crime scene was 180 degrees opposite of the state's theory.

The investigation should remain open. Perhaps the prosecutor has more important things on his mind -- more important things than the senseless murder of Cape Girardeau County resident Woody Ervin.

Dan Moore and Stephen Walsh are the attorneys for Thomas Evans Jr.