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did they flee?
Analysing the State's Theory
of “Suspicious Behavior”
After the murders of Tariq, Basma and Sultana
Rafay on July 12th, 1994 Bellevue investigators had full
access to Sebastian and Atif for two days and three nights.
During that time, Sebastian and Atif provided three interviews
each, allowed themselves to be fingerprinted, tested for
gunshot residue, photographed, volunteered their clothing,
shoes and, in Atif's case, eyeglasses, and had their bodies
examined with blood-detecting lamps. Atif allowed Bellevue
investigators to access his computer and gave them the password.
Sebastian and Atif did not deny even one request made by
the police, even though it was perfectly in their right to
do so.
Sebastian and Atif left Bellevue on July 15th, 1994 with
the permission of the Bellevue Police Department and with
the assistance of an employee from the Canadian Consulate
in Seattle.
After their legal and escorted return
to Canada, Bellevue investigators told reporters, the RCMP
and members of the public a series of lies designed to
make Sebastian and Atif's behavior appear suspicious. Bellevue
investigators used this false pattern of "suspicious behavior" to
legitimate their theory that Sebastian and Atif were responsible
for these murders.
During trial, this characterization of
Sebastian and Atif's behavior as "suspicious" was
shown to be inaccurate and groundless. However, journalists
and the public are not aware of this and are also not aware
of the series of lies perpetrated by Bellevue investigators
to substantiate this characterization.
We have used trial transcripts, pre-trial hearing transcripts
and first-hand accounts to prepare this document that exposes
the misinformation perpetuated by the lead investigators
of the Bellevue Police Department.
Police claim:
Sebastian and Atif did not show any emotion after the murders.
Reality:
This claim is utterly false and is refuted by police officers'
reports of Sebastian and Atif's demeanor after they discovered
the murder victims.
-
Officer Hromata
of the Bellevue Police Department was the first police
officer at the scene after Sebastian and Atif called
911. He reported that Atif and Sebastian were visibly
upset, shaking and on the verge of tears. They had
difficulty talking, at times incoherent. He had to
tell them to "calm
down."
-
Officer Goodson
was the next officer to have contact with Sebastian
and Atif and remained with them for 15 to 20 minutes.
She reported that Sebastian was very emotional, bent
over and appeared ill. She asked him, "Are
you okay?"
-
Officer Goodson reported that Atif was subdued at that
time. She turned Atif over to Officer Lewis. Officer
Lewis also reported that Atif was subdued. Officer Lewis
reported that Atif appeared to be stunned and in shock.
In the weeks following the murders, investigators in Bellevue
knew that Atif continued to display typical signs of grief.
- Atif's uncle communicated
with the police two weeks after the murders and told
them Atif was "crying
very hard" and "sobbing" about the loss
of his family.
Police claim:
Atif did not contact his family members and did not want them contacted.
Reality:
This is false. Atif helped Bellevue investigators contact his relatives.
Using information he gave them, Atif's relatives were contacted the day
after the murders, on July 13th. Atif told Bellevue investigators that
he would like to see his family, but Bellevue investigators kept Atif from
his family and friends for the entire time he and Sebastian were in Bellevue.
- On July 13th, the day after the murders, Atif
helped the police contact his family. He gave Officer
Lewis, the first police officer that interviewed
him, the name of his father's closest friend in Bellevue,
who was a work associate, and told Officer Lewis where
he lived, the name of his wife, the names
of his and children and the name of his employer. He
told Officer Lewis this man could contact his relatives.
Atif didn't know the phone numbers of his extended family
members, but he told the police that these numbers
could be retrieved from the speed dial on his parents'
phone.
- The
police used this information, provided by Atif, to
contact his relatives and his father's work associate.
They contacted these people and informed them of the tragedy
on the very same day--July 13th, 1994.
- Detective Gomes of the Bellevue
Police Department told Atif he would contact his relatives
for him, so that 18-year-old Atif did not have to phone
up all his distant relations living in Pakistan, Alberta,
British Columbia and Ontario to inform
them that he had found his entire family slaughtered.
- On July
14th, almost two days after the murders, Atif reminded
Detective Gomes during a taped interview that Detective
Gomes had offered to contact Atif's relatives for him.
Detective Gomes responded, "Well,
we talked, we talked about that, but you
didn't, I didn't promise that I was going to call anybody."
- In
fact, at the time of this meeting on July 14th, not
only had Atif's relatives already been contacted, many
had arrived in Bellevue. Instead of telling Atif the truth,
the two lead detectives carried on a bizarre charade: they
told Atif he had to inform the extended family of the tragedy.
They repeatedly chastised him for not contacting
his relatives, calling him irresponsible and accusing
him of not loving his extended family. Atif didn't have
a phone in his motel room, he didn't have his relatives'
phone numbers and, being in shock himself, he didn't have
the courage to make these calls. The detectives told
him he should use a payphone and directory assistance.
The Bellevue investigators did not tell him what they
knew: Atif's relatives would not be home because they
had already gathered in Bellevue, Washington.
- Later in the taped
interview of July 14th, Detective Gomes asked Atif: "… What
if I told you that half of your family is already in
Seattle?" Atif responded, "I'd like to see
them I guess." Detective Gomes did
NOT proceed to tell Atif they were in Seattle,
although they were.
- Atif's family were only told of his
whereabouts on July 15th. By then it
was too late to reach him as he had already
returned to Vancouver.
Police claim:
The Bellevue Police found it suspicious when Atif left
Bellevue to return to Vancouver, BC.
Reality:
Sebastian and Atif left Bellevue 3 days after the murders
with the assistance of the Canadian consulate in Seattle
and the blessing of the Bellevue Police Department. If
the Bellevue Police Department wanted him to stay, why
did they tell the Canadian consulate he was free to leave?
- After the murder of his family on July 12th, 1994,
Atif remained in Bellevue Washington in order
to cooperate with the police investigation.
He remained in Bellevue until the morning of
July 15th, 1994. Both Sebastian and Atif submitted to
numerous tests and interviews during this time period.
It is still unclear what additional interviews or tests
the Bellevue Police required.
- On July 14th, 1994 Sebastian's
mother contacted the Canadian Consulate in Seattle
to ask for assistance in having her son and Atif
returned to her home in Vancouver. An employee of
the Consulate, Cindy Taylor-Blakley, telephoned the
Bellevue Police Department and asked if the boys
were free to return to Canada. Lieutenant Mott of
the Bellevue Police Department told her they were
not suspects and they were free to go [Cindy Taylor-Blakley
testified at trial for the defense]. She met Sebastian
and Atif at the bus station and they left for Canada
on the morning of July 15th, 1994.
Police claim:
Atif knew about the funeral or should have known about
the funeral but missed it on purpose.
Reality:
This claim is false. Sebastian and Atif were kept isolated from friends and
family, therefore they could not have known the timing of the funeral.
Additionally, the Bellevue investigators did not tell them that the bodies
would soon be released---in fact, the bodies were released only 3 days
after the murders.
- The bodies of Tariq, Sultana and Basma Rafay were
released to family members on July 15th.
The lead detective in Bellevue learned about the funeral
arrangements at 10 a.m. on July 15th, after Sebastian and
Atif had caught the bus with the assistance of Cindy Taylor-Blakley
of the Canadian Consulate.
- Bellevue Police contacted border officials to inform
them Sebastian and Atif would be crossing
the border. However, Bellevue investigators did NOT tell
border officials to inform Atif of the funeral or of the
fact that his family was already in Bellevue. They continued
to keep this information from him. Why?
The question is not why Atif did not attend the funeral,
but why he was prevented from attending the funeral. Why
wasn't Atif told that his family was already in Bellevue
before he left? Why wasn't Atif met at the border and told
not only that his relatives were in Bellevue, but that
his family's funeral would take place in a few hours?
Furthermore, why were the bodies released less than three
days after the murders? Wouldn't it have been reasonable
to expect more thorough autopsies?
Conclusion:
Did Atif purposefully miss his family's funeral?
On the morning of July 15th, 1994, the day the Rafay
family was buried, Atif did not know that his family
was in Bellevue, he did not know that the bodies of his mother,
father and sister had been released, he did not know
funeral arrangements were being made and he did not know
the funeral would be held in Bellevue instead of in Vancouver,
where the family had deeper connections. Furthermore, it
was clear to him that the Bellevue Police viewed him as a
suspect, even if for no good reason. It is not suspicious
that Atif returned to safety in Vancouver, Canada.
However, it is alarming and suspicious that the Bellevue
Police Department isolated Atif from his family and that
they permitted him to return to Canada without informing
him that his family was in the US.
Tragically, Atif Rafay learned that his family's funeral
had taken place by watching the evening news, which was
playing in the Burns' living room in Vancouver. Upon discovering
his family's funeral had been planned and carried out without
his involvement, Atif was mortified. He immediately ran
to the phone and called Detective Thompson at the Bellevue
Police Department. Detective Thompson never returned this
phone call.
Did Atif and Sebastian show emotion after discovering
the murders?
Reports generated by the Bellevue Police Department demonstrate
that Atif and Sebastian both behaved very emotionally.
In fact, both displayed classic signs of fear, grief and
shock.
The REAL questions remain:
Why did Bellevue investigators misrepresent Sebastian
and Atif's behavior and actions?
Why did Bellevue investigators cause Atif to miss
his family's funeral then blame Atif for this cruel mistake?
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