Fingerprint Evidence to Determine Fate of Death Row Inmate

By Rusty Surette, NEWS 9

OKLAHOMA CITY -- A set of mysterious fingerprints could determine if an Oklahoma man will live or die next month.

The Purcell native is sitting on death row, and was scheduled to be executed next week, but on Thursday Gov. Brad Henry granted Jeffrey Matthews a second stay of execution.

Read the Attorney General's Office Response to Matthews' First Stay of Execution

Read the Attorney General's Office Response to Matthews' Second Stay of Execution

Matthews' story begins in 1994. He was 21 when he walked into a McClain County courtroom, stood before a judge and heard the words that would change his life forever: "You've been charged with murder in the first-degree."

Despite the efforts to clear his name and to convince others he's not a killer, Matthews was found guilty by two juries and sentenced to death both times.

Today, there's a video of Jeffrey Matthews on YouTube. The film was recently shot by independent film maker and journalist Victoria Redstall.

Watch the YouTube interview of Matthews

In the video, the now 38-year-old said, "I want to thank you for your time. My name is Jeffrey Matthews and I'm set for execution. I've tried to figure out what I could possibly do and this could be my last resort." He goes on to say, "I did not kill my uncle and I wasn't there."

In January 1994, prosecutors said Matthews and another man, Tracy Dyer, broke into Matthews' great-uncle's home in the Rosedale community of McClain County. Investigators said the two of them got away with pills, cash and a gun, but before they left, Matthews shot his uncle while Dyer attacked Matthews' great aunt with a knife.

Earl Short died from the gunshot wound. Minnie Short survived the cuts to her throat.

Deputies said the items taken from the home were later located in and near Matthews' home in Purcell.

Matthews admitted he helped plan the botched burglary, but insisted he was never inside the home and never pulled the trigger.

Matthews should have already been executed by now, but last month Gov. Henry issued a stay of execution after learning a set of finger prints found inside the home following the crime did not belong to Matthews.

The Oklahoma State Bureau of Investigation had lost those fingerprints, but last month, after doing one more search at the request of the Attorney General's Office, the missing fingerprints were found in an OSBI lab.

Agents are now working to see if they can find someone to positively match the prints, but the Attorney General's Office said Matthews is wasting the state's time and money. Attorneys argued even if Matthews wasn't the one who fired the fatal shot, he's still guilty of murder under Oklahoma's law because he participated in the planning of the crime.

Tests on those finger prints are expected to be completed by Monday, and those finger prints are why the Governor issued a second stay of execution.

In the meantime, there are others, like Michael Mars, who are going online to speak out about the case.

Mars is a former McClain County deputy who now lives out of state. He said he's the officer who arrested Matthews, but he doesn't believe Matthews committed the crime he's accused of.

In a video on YouTube, Mars said the case involved sloppy police work, and he swears evidence was planted. As a result, Mars said Matthews never had a fair trial.

Watch Mars' YouTube video

Read Mars' affidavit

There was also a juror in Matthews' last trial that has also come forward to say he doesn't believe Matthews murdered his 77-year-old great uncle.

Read the juror's affidavit

There's also Dyer's story.

He was the first one to point the finger at Matthews. He has since retracted his story saying it was someone else who killed Otis Earl Short, but he refuses to say who.

Dyer is currently serving time in a Lawton prison.

Matthews' new execution date is August 17.