Prosecutors get to look at letter said to be written by defendant


Friday, June 6th 2003, 12:00 am
By: News On 6


OKLAHOMA CITY (AP) -- Oklahoma County prosecutors will get to see a letter allegedly written by a man accused of killing an advertising executive.

A district attorney investigator and a handwriting examiner removed the letter said to be written by James Pavatt from a bank safety deposit box on Thursday. The letter's writer takes blame for killing Rob Andrew.

Defense attorney Greg McCracken said he didn't want to relinquish the letter because of concern about the chain of custody of the document.

McCracken, one of Brenda Andrew's attorneys, told District Judge Susan Bragg that the letter was analyzed and it is Pavatt's handwriting.

The undated letter was addressed to Tricity Andrew, the 12-year-old daughter of Brenda and Rob Andrew.

The letter's author wrote that Pavatt and an unidentified friend formulated a plan to kill Rob Andrew and carried it out on Nov. 20, 2001, as he arrived to pick up his two children for Thanksgiving.

Pavatt, 49, and Brenda Andrew, 39, face separate trials on charges of first-degree murder and conspiracy to commit murder.

Assistant District Attorney Fern Smith asked Bragg for the original letter so the state's own handwriting examiner can analyze it.

Andrew's attorneys said they first notified District Attorney Wes Lane of Pavatt's letter Feb. 7, 2002, three weeks before Andrew and Pavatt were arrested in Hidalgo, Texas, as they tried to re-enter the United States from Mexico.

They said they wanted to trade the letter for charges being dropped against Brenda Andrew. McCracken has filed a motion to dismiss the charges because of insufficient evidence.

Mike Arnett, one of Pavatt's attorneys, has said he would have to have the letter examined. Pavatt's trial was scheduled to begin this week, but was delayed until Aug. 25 because of the letter.