Monday, October 16, 2006

The affadavit of Alan Gilkerson - Arthur Rutherford

After Mr. Rutherford=s death warrant was signed on November 29, 2005,
postconviction counsel learned of an individual, named Alan Gilkerson. In an affidavit,
Gilkerson stated:

5. At some point, I was made aware of Elizabeth and Mary Frances=
involvement in a homicide and subsequent trial of A.D. Rutherford.

when I asked Elizabeth why her aunt was so mentally unbalanced I was told that
Mary had not been the same since the time surrounding the murder and trial.

In the early 1990s, the three of us lived together in a trailer. One
evening, Mary and I were alone at the trailer and I asked why she seemed so
Acrazy.@ I had witnessed her talking to herself many times in the past.

She told
me that she once killed an old lady with a hammer and made it look like A.D.
Rutherford committed the crime. She told me that she got him good and that
A.D. took the rap.

Mary Heaton told me her motive for murdering the old lady
was to get her money.

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