Cary Kerr

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About Cary D. Kerr
DoB 10/06/1964
Date of crime 07/12/2001
On death row since April 2003

 
 
The Crime

The victim in this case Ms. Pamela Horton was found on the side of the road wearing only a pair of cut off blue jean shorts.

Horton and Cary Kerr lived in the same trailer park for 5 ½ months, they both knew each other, they were friends and they spent time together from time to time. The night Pamela Horton was murdered, she and Cary had spent some time together earlier that same evening. They engaged in oral sex “only” and afterwards Pamela Horton left his home and started walking to her home at around 12:30 am. She never made it.

Her body was found at 2:05 am halfway between her home and Cary’s home lying on the side of road. She was beaten, strangled and then run over by a vehicle according to police reports and the state prosecution. The police found a tire print on the upper leg of Ms. Horton and stated that she was run over in an attempt to cover up the crime.

When the police arrived at the place where Ms. Horton’s body lay in road, Cary went to the scene and tried to tell the police that he knew her and that they were even out together earlier the evening. Cary tried to tell the police about a dark colored car that was parked close to the body but the police ignored him and told him to wait in a police car until a detective arrived.

After a detective arrived Cary was allowed to talk to him and allowed police to search his vehicle. The detective told Cary that since he was out with the victim earlier the same night that that was good enough for him. Cary was then arrested.

After waiting almost two years for a trial, Cary D. Kerr was convicted in March of 2003, and sentenced to death by lethal injection.

The Case of the State

The case of Cary D. Kerr is 100% circumstantial and factually has no evidence that Mr. Kerr committed any crime at all.

The state prosecutor withheld DNA evidence from Mr. Kerr’s defense lawyers that showed Mr. Kerr was not the attacker! Only when a DNA expert testified for the state did defense attorneys learn about the DNA evidence that excluded Mr. Kerr from this crime. The state prosecutor told the jury that they had to disregard this DNA evidence that does not belong to Mr. Kerr. The prosecution stated that just because it does not match to him does not mean that it is not his! The prosecution stated, “don’t even think about it!”

The prosecution told the jury that Mr. Kerr had just met Ms. Horton that night and preyed upon her because she was drunk. The prosecution further stated that Mr. Kerr was a lion and that he has preyed upon women for years and has eluded police for years. They stated that Mr. Kerr was a serial rapist, a lion preying on gazelles.

The prosecution told the jury that Mr. Kerr sexually assaulted Ms. Horton, while beating her with a bloody club and strangling her to death. He then placed her dead body into his vehicle and took her out to some remote woods, but before he could get there Ms. Horton “while dead“ accidentally opened the car door and fell out onto the street. The prosecutor then stated that when Ms. Horton fell out of the vehicle Mr. Kerr in an attempt to cover up the crime ran her body over with his vehicle. The prosecutor told the jury that the reason they could not find any evidence of this is because Mr. Kerr went home, took a shower and then cleaned his home of all evidence!

The lead detective in Mr. Kerr’s case Glen Diviney has a record of tampering with evidence. Mr. Glen Diviney testified to going out to Mr. Kerr’s home at 4:00 am to have a look around. Mr. Diviney did not have a warrant, did not have Mr. Kerr's permission and was alone. He stated that the door war not locked, but he did not enter. Ms. Horton’s brassiere was found torn, laying just inside the door next to Mr. Kerr clean and folded laundry on the couch. Mr. Glen Diviney was supposed to lead the search of Mr. Kerr’s home at 7:00 am but for some strange reason, Mr Diviney did not show up and told crime scene investigators to go ahead without him.

The jury was not allowed to hear that this detective has tampered with evidence in other case(s). The trial judge refused the defense this evidence in Mr. Kerr‘s favor.

Why is Cary Kerr innocent?

There was semen found in the victim’s vagina that did not match to Cary Kerr. There were skin-cells found on the victim’s brassiere that did not match to either Mr. Kerr or Ms. Horton. This proves that someone other than Mr. Kerr attacked and sexually assaulted Ms. Horton.

There was a blonde hair that police removed from Mr. Kerr’s beard stubble and trace analyst could not match this single hair to the victim. This hair was not the same length as the victim’s hair but only similar in color as being blonde. Ms. Horton was not the only blonde in the club and Mr. Kerr did dance with other women, some blonde and some brunette. The tire print that was found on the victim’s upper leg did not match to any of Mr. Kerr’s tires on his vehicle.

The victim was beaten bloody with what the prosecutors called a bloody club. The victim had 26 cuts on her head and upper body and lost some amount of blood. Police and crime scene investigators never found any blood or tissue in Mr. Kerr’s vehicle that was said to be the vehicle that ran Ms. Horton over. Police and crime scene investigators never found any blood or tissue on or even under Mr. Kerr’s vehicle. Police and crime scene investigators never found any blood or tissue at Mr. Kerr’s home and never found any blood or tissue on Mr. Kerr himself. The police and crime scene investigators also never found any kind of weapons, especially this bloody club they said was used by Mr. Kerr. When Mr. Kerr’s home was searched there were no signs of any violence and no evidence to support the prosecution's allegations.

An eyewitness told defense investigators that he seen a white Land Rover stop at where the victim’s body lay in the road and a white male got out and this white male was about five foot nine to five foot ten inches in height and had a tattoo on his left shoulder. Mr. Kerr does not own and was not driving a white Land Rover and Mr. Kerr is six foot one inch tall and had no tattoos on either of his shoulders. Mr. Kerr’s vehicle was a Dodge Raider suv (small  2 door ) and it was blue, silver and black. During trial the eyewitness changed the color of the “Land Rover” to blue (only) and stated that the car he had seen was a “Land Rover” “For Sure a Land Rover”.

The medical examiner, Doctor Konzelman, testified that he could not determine a sexual assault by Mr. Kerr, the defendant. The sexual assault was what made this case a capital case.

We have prepared a Fact Sheet with excerpts from the trial record. These excerpts show the injustice against Cary and also back up that he was wrongly convicted..

 Fact Sheet about the case (pdf)

If you are a lawyer or investigator and would like to look deeper in this case, please contact us and we are going to send you the complete trial-transcrip as pdf-file: This e-mail address is being protected from spambots, you need JavaScript enabled to view it   

Other Strange Points

The medical examiner testified that Ms. Horton fought her attacker back and that he found evidence that shows this, but then went on to testify that he does not know what he did with the fingernail clippings and scrapings from his examination. Where is this apparently lost DNA?

The lead detective has a history of TAMPERING WITH EVIDENCE and it is on his employment record as well as in the court record. There was an ex-police officer that was willing to testified for Mr. Kerr about the detectives tampering charges. The trial judge did not allow the jury to hear this information.

Police let a dark colored vehicle leave the crime scene that was parked close to the body upon their arrival and the emergency technician (EMT) pointed this vehicle out to police as suspicious. This is the exact same vehicle that Mr. Kerr pointed out as well but the police ignored it and allowed it and the driver to leave without checking on the driver or taking down information.

The prosecution re-indicted Mr. Kerr 60 days before trial was to begin adding an additional charge of robbery. Mr. Kerr was accused of taking a wallet/day planner from the victim. There was a young woman that sat in the court room with the victim's family through the entire trial and listened to several people testify to this missing wallet/day planner including the victim's family that testified that this wallet/day planner was missing. At the very end of trial and during the last break the prosecution told the judge that this young lady has just approached them and told them that she has had this missing wallet/day planner for the last 23 months. Why didn’t this young woman come forward at the beginning of all of this testimony? Because this was a scheme by the prosecutor to make Mr. Kerr look bad and let several people testify in order to find the jurors' hearts.
The prosecutor told the trial judge that the state would like to dismiss the robbery element of the indictment because of this new news. The trial judge failed to order the jury that they had to disregard all of the robbery testimony because the wallet/day planner was in fact never missing.

How was it possible that Cary Kerr got convicted

Cary D. Kerr was convicted because of over zealous prosecutors and lazy, poor court appointed attorneys.

Mr. Kerr’s court appointed attorneys did very little to help Mr. Kerr. They did not do a full investigation of their client's case and refused to let Mr. Kerr review evidence that the state was going to use against him. His attorneys told Mr. Kerr that there was no evidence to review. Mr. Kerr's attorneys also told the jurors several times that they as defense attorneys do not have to do anything except just show up. They did not have to prove that Mr. Kerr is innocent and it is the state's job to prove that Mr. Kerr broke the law! “All we have to do as Mr. Kerr’s attorneys is just show up.”

The lead detective in Mr. Kerr’s case stated that he did not do a full investigation like he was supposed to have done. He stated: “I should have done a full investigation but I did not, I wish that I did!”

The prosecutors in Mr. Kerr’s case told the jury they had to disregard DNA evidence that excluded Mr. Kerr. That they have not to even think about it! The prosecution further told the jury that Mr. Kerr was a serial rapist. That he has preyed on women and has eluded police for a long time. This was a lie and defense attorneys objected to it, but still it was said and heard by the jury. Mr. Kerr has never been convicted of any rape, has no history of violence and has no felony convictions.

All in all Cary D. Kerr’s conviction became possible because the prosecutors in his case lied and mislead the jury and told jurors to disregard DNA evidence. This violated Mr. Kerr’s constitutional rights and the laws of the state of Texas. Mr. Kerr’s court appointed attorneys failed to assist Mr. Kerr with effective counsel and failed to investigate. In Mr. Kerr’s case they were unable and/or unwilling to challenge the prosecutors claims against Mr. Kerr, but they did show up!

Campaign Flyer (pdf)

Cary D. Kerr needs help!

The situation for Cary Kerr has not changed. He is still represented by an attorney that is not willing to file a proper appeal. His attorney will not even respond to Mr. Kerr’s letters or visit with Mr. Kerr. He has ignored Mr. Kerr’s cries for help completely!

His court appointed federal appeal attorney did not file any of Mr. Kerr’s issues from the trial. His attorney was supposed to take Mr. Kerr’s case back into the state courts so that all the issues in Mr. Kerr’s case including the DNA would be filed. He said he would, but he lied to Mr. Kerr.

Mr. Kerr’s court appointed state habeas corpus attorney has refused to correspond with him and also refuses to visit with him on a legal visit to discuss Mr. Kerr’s case. Mr. Kerr’s attorney filed the direct appeal as Mr. Kerr habeas corpus along with verbatim issues that are raised on all of the attorney’s appeals. Mr. Kerr’s attorney would not file issues that he was instructed to file by Mr. Kerr himself. His attorney did not raise the DNA issues or any other issues from Mr. Kerr’s trial. This attorney has been reported to the Texas state bar over and over and was suspended by the federal courts for a period of one year for filing the same type of brief that he filed Mr. Kerr’s case! Mr. Kerr’s habeas attorney has  managed to make himself known to news papers and magazines. News week magazine did a story on this attorney back in the year 2000, and the Austin American statesman has reported on him and his incompetent practice in year 2006.

Cary D. Kerr is 100% innocent of this crime and has the evidence to prove it! His cries to the courts have been unheard. His letters to the courts have been unanswered. Cary needs help! He needs your help! Cary asks for pen-friends that are willing to give mental support as well as physical. He is searching for legal support as well. Please don’t let Cary become another statistic in the Texas Death Penalty Murder Scheme! He has the evidence to prove his innocence, he just needs help to get this evidence into the courts.

Please, let us all come together for a good cause. This cause is called LIFE and it is worth living.

If you would like to contact Cary Kerr personally, you can write to the address below, if you have questions or need further information please contact ALIVE e.V. at This e-mail address is being protected from spambots, you need JavaScript enabled to view it

We at Alive and Cary D. Kerr THANK YOU for your support!