JUSTICE DELAYED IS JUSTICE DENIED

What's 34 years between friends?

An Oregon woman whose sister was killed in El Dorado County 34 years ago picketed the District Attorney's Office in Placerville on Tuesday, saying authorities are dragging their feet prosecuting the case. Anita McClure stood in front of the office building holding handmade signs that read "6 Postponements in 2 Years! Why?" and "Justice for Betty."

On June 18, 1971, Betty Marie Cloer, was found shot and bludgeoned to death in a field in Cameron Park. But it wasn't until 2 1/2 years ago that authorities got a break in the unsolved case. A "cold hit" within the state Department of Justice's DNA data bank linked DNA evidence from the homicide to the DNA profile of an inmate in the California prison system. Phillip Arthur Thompson was served with an arrest warrant in his prison cell in October 2003 and later charged with first-degree murder. He was transferred from California State Prison, Solano, to the El Dorado County jail in Placerville. But since his arrest, Thompson's preliminary hearing has been postponed a half-dozen times. His latest court date is set for Oct. 4.

The postponements have left McClure frustrated and angry. She said she and other family members are desperate for a resolution to the case. "We feel like we're being victimized every time it's postponed," McClure said Tuesday, as she sat in a folding chair, with three picket signs surrounding her.

Sean O'Brien, chief assistant district attorney, said he doesn't blame McClure for being upset with the delays but noted that the preliminary hearing had been postponed for valid reasons, including changes in Thompson's legal representation and time required to investigate further. "I told her the justice system can be very slow sometimes, especially the more serious the case is," O'Brien said. He added that the judge has to balance the desire for a speedy trial with the defendant's right to have a prepared and adequate legal counsel. O'Brien said the El Dorado County District Attorney's Office expects to have witnesses testify at Thompson's Oct. 4 hearing before Superior Court Judge Douglas C. Phimister. One concern in a case this old, O'Brien said, is to question witnesses before they die. ......

Clothing found at the crime scene was booked into evidence at the El Dorado County Sheriff's Department. Three decades later, the evidence was submitted to the state Department of Justice to see if any matches could be made using the prisoner data bank. Thompson's DNA matched the DNA taken from a semen sample found on Cloer's clothing.

According to California Department of Corrections records, Thompson was first sent to prison in December 1975 on Sacramento County convictions for forgery, assault and receiving stolen property. Since that time, he has been in and out of prison, most recently when he was sentenced in San Mateo County to 18 years to life for kidnapping.

McClure said she was 29 years old when her sister was killed. Now age 63 and suffering from degenerative arthritis, McClure said she isn't sure if she'll be well enough to come from her home in Harrisburg, Ore., to the preliminary hearing in Placerville. She also said she isn't sure if she'll continue to picket the District Attorney's Office. "I'm at the end of my rope," she said.

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