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disappearance did NOT inform the family that this girl was named on a federal search warrant. In fact, the family
was never given this information until January of 1997. During the months between July of 1970 (the date of the
warrant) and her disappearance, the girl never indicated to her family or friends that she saw five men make a
suitcase bomb, nor did she ever mention to them that she was named on this warrant.
DUANE PEAK
By August 22nd, the investigation focused on another adolescent, Duane Peak. Duane was a very troubled
teenager. He had dropped out of high school. Testimony at the trial revealed that Duane's mother had died of lung
cancer. At some point after Mrs. Peak died, Duane's father put Duane out of the house. That is why he didn't have
a permanent place to stay. At the trial, Duane admitted to experimenting with drugs. He once stole a riot gun out of
a police car while the officers were in a grocery store. Police reports allege that he and some of his cousins set fire
to a shack in back of a gas station. Allegedly, they robbed a gas station and a man was shot. Duane had been a
member of the NCCF but he was expelled that summer for shooting wildly at a sparrow that flew inside the
headquarters. Undoubtedly, Duane's behavior made the jury believe he was capable of participating in criminal
activity.
After the arrest warrant was put out for Duane Peak, he hid for a nearly a week. On August 28th he was
apprehended sleeping on the back porch of a house. His grandfather had tipped off the FBI as to his whereabouts.
Duane was taken to the police station. He invoked his Fifth Amendment right against self-incrimination and
remained silent. He wanted a lawyer and he wanted to see his father. His father and grandfather had hired a
lawyer, Thomas Carey. They advised him it would be in his best interests to cooperate with the police. At 3:20 p.m.
on Friday, August 28th, Duane gave his statement to Detective Pittman Foxall.
Duane said that a cousin of his named Leslie Michael told him a woman was looking for him on Saturday the 16th.
He went to NCCF headquarters but did not find out anything about this woman. He went back to the NCCF the next
day and found a white envelope on the desk with his name written on it in green ink. There was a note inside that
said, “TOP SECRET. DONT TELL ANYONE ABOUT THIS NOTE. KEEP IT QUIET.” The note told him to go to the
Lothrop Drug Store and in the alley behind the incinerator he would find a suitcase. It was supposed to contain
highly classed confidential papers. BY 10 or 11 o'clock that night he was instructed to have the suitcase in the alley
between Lake and Ohio at 29th Street, by a house with a picket fence. The note told him to put the suitcase on the
field side of the fence and leave. He waited around until 12 or 12:30 but he didn't see anybody pick it up. The note
told him to be at the phone booth at 24th and Burdette at 2:00 a.m. where he would receive a phone call. He was
instructed to burn the note which he did at the phone booth. The phone rang and he answered it. A woman's voice
that he did not recognize told him to call 911. She told him to say that a woman had been dragged screaming into a
house at 2866-2867 Ohio Street and to give his address as 2865 Ohio. Duane asked who the woman was but she
told him, "Don't ask questions, just follow instructions." Duane said that he made the call, but used a different tone
of voice.
AUGUST 31 STATEMENT
There are no police reports for Saturday, August 29th or Sunday, August 30th. There are three possibilities for this.
1.
Duane went to his cell for two days, nobody talked to him and he came out on the 31st and gave his
statement to the County Attorney.
2.
The police talked to him and did not fill out any police reports.
3.
The police talked to him, filled out police reports, and did not turn them over to the lawyers. (This last item
would be a violation of the discovery statute.)
It is difficult to believe that it is harmless error that there are no police reports for August 29th and August 30th.
On Monday, August 31st, Duane gave the following statement to the County Attorney, Arthur O'Leary, in the
presence of Sgt. Pittman Foxall, Sgt. William Coleman, and ATF Agent Thomas J. Sledge. This is the same ATF
agent whose brother was the first officer to step over the suitcase at 2867 Ohio. He is the agent who obtained the
questionable warrant to search NCCF headquarters that was never served. He was also in the basement with Sgt.
Swanson during the illegal search of Mondo's house when the police claimed they found a box of dynamite. Notice
that he is the only federal agent present at a deposition being taken by the County Attorney on a state murder
charge.
The County Attorney said the following to Duane Peak:
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