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Close to arrest in Farmer homicide

DA: Investigators 'getting close' to arrest in Farmer homicide

Amplify’d from www.ydr.com

DA: Investigators 'getting close' to arrest in Farmer homicide


Homicide victim Stacey Farmer (Laura Smit)

Nearly a decade ago, two men were fatally shot on the same Windsor Township property, one month and 100 yards apart.

Hopethan "Flex" Johnson, 29, of Red Lion, was murdered May 26, 2002, on the 880 Snyder Corner Road property of Stacey Farmer.

Then on June 27, 2002, Farmer, 33, was shot dead in his driveway, police said.

And while police charged a man who was later convicted of first-degree murder in Johnson's death, Farmer's slaying has remained unsolved.

But that may be about to change.

"We anticipate solving that murder," District Attorney Tom Kearney said Monday. He declined to say exactly when that might happen, or who investigators believe is behind the slaying.

"We're getting close, but we're not there yet," Kearney

Murder victim Hopethan Johnson
said.

Kearney spoke about the case after a court hearing Monday morning for Duane L. Frey, who was both Farmer's friend and the man convicted of murdering Johnson.

New trial sought: The Farmer case loomed large during Frey's hearing, in which he's seeking a new trial based on "after-discovered evidence." That evidence is Johnson's body, the remains of which were discovered in a heavily wooded area of Chanceford Township near the Susquehanna River in 2008, after Frey's conviction.

In May 2010, DNA testing determined the remains were Johnson's, police said.

Frey's defense attorney, Jeff Conrad, argued evidence from the remains would have swayed jurors into acquitting Frey and therefore Frey deserves a new trial. He's also seeking investigative information on the Farmer case.

Conrad maintains Johnson and Farmer were killed by the same person, and that Frey was already in prison for Johnson's homicide when Farmer was slain.

"The theory is that the killer is still on the loose," Conrad said.

Although Common Pleas Judge Sheryl Ann Dorney previously ordered Kearney to provide the defense with the investigative information on Farmer's case, Kearney said he's appealing to the state Superior Court because making

Convicted murderer Duane L. Frey
the information public would be detrimental to solving the case.

Case 'active': To that end, York Area Regional Police Detective Kathleen Burke testified Monday she is actively working on the Farmer case. She said a number of her search warrants and other court requests have been sealed by judges in York and Lebanon counties.

Kearney then asked Burke whether she believes the slayings of Johnson and Farmer are related.

"In my opinion? No," she said.

York Area Regional Police Chief Tom Gross has previously said it doesn't appear Farmer's death was a retaliation shooting for Johnson's murder or an effort to silence Farmer. Farmer was shot in the head, the chief has said; the weapon has never been recovered.

Farmer's death wasn't ruled a homicide until 2010. Prior to that, the manner of death had been listed as "pending" by the York County Coroner's Office.

Dorney has not yet ruled on Frey's request for a new trial, and said Kearney's planned appeal will likely delay the matter "indefinitely."

The background: Frey was convicted in 2003 of first-degree murder for killing Johnson, his crack-cocaine dealer. He was sentenced to life in prison.

Frey, now 42 and formerly of Windsor Township, blamed Johnson for his addiction, for ruining his life and for wiping out his life savings -- about $13,000, trial testimony revealed.

In June 2002, Frey confessed to police, saying, "I did it -- I killed him," according to Burke.

However, he refused to tell investigators what became of Johnson's body, except to say "it's probably crab bait right now."

But on March 25, 2008, two land surveyors found Johnson's remains on a remote mountainside not far from the Holtwood Dam, state police said.

Police said Farmer had at least peripheral involvement in Johnson's death as well.

Coming clean? Farmer was killed while free on bail, charged with helping Frey cover up Johnson's slaying by lying to police and hiding evidence.

During Monday's hearing, Conrad noted that Farmer was killed two days after The York Dispatch published an article quoting Farmer's family members as saying Farmer planned to go to police and come clean.

"Before he gets a chance to tell all, he's murdered," Conrad said.

Judge Dorney told Conrad there's "overwhelming evidence your client is guilty."

Anyone with information about Farmer's homicide is asked to call Burke at 741-1259.

-- Reach Elizabeth Evans at levans@yorkdispatch.com, 505-5429 or twitter.com/ydcrimetime.

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