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Unsolved, Part 3: A pair of cases out of the 'cold' file

By Howard B. Owens

It's as if somebody is whispering in his ear, "you're getting warmer."

Of all four mysterious death files on his desk, the murders of Kisha Sullivan and Bill Fickel are the ones Chief Deputy Jerome Brewster is least likely to call cold cases.

While arrests may not be imminent, Brewster has a "person of interest" in each case.

Now, it's just a matter of putting the pieces in place that will lead to indictments.

As Brewster is fond of saying, "Mere suspicion isn’t enough and if that’s all you’ve got, you really don’t have anything."

Kisha Sullivan's body was found at least two weeks after she was bludgeoned to death in a wooded area of Gulf Road, Le Roy.

Nobody had reported the deaf young mother missing, even though she had a boyfriend, whom she wasn't living with at the time.

After extensive interviews in the Rochester area, where the 27-year-old lived, Brewster said investigators concluded that everybody who knew her liked her and the only person she ever had cross words with was her boyfriend.

Early on, he was a logical suspect.

"He came up with an alibi but we were never really satisfied that he wasn’t involved," Brewster said. "But through our investigation, we concluded there was really a strong possibility that he was telling us the the truth and he wasn’t involved."

Sullivan's body was found Oct. 27, 2002. Her last known location while she was alive was at an ATM machine at a convenience store in Rochester on Oct. 5.

Her body decomposition, Brewster said, was consistent with somebody who had been dead in those weather conditions for that period of time.

The wooded area where she was found is owned by the Dolomite Group. It was a Dolomite supervisor, who was giving a tour of a new logging operation on the property to a friend, who found Sullivan's body.

It was clear from the scene, Brewster said, that Sullivan tried to flee from her attacker, but that she was killed in that wooded area.

She wasn't sexually assaulted.

Nobody saw her get in a car, nor was she seen with another person prior to her disappearance.

Investigators were unable to find anybody in Le Roy or Bergen with any connection to the St. Mary's High School graduate.

As for DNA evidence, Brewster said he recently learned from the criminal lab that, with recent advances in the DNA technology, he should resubmit DNA samples. In the first go around, no DNA that might be tied to a suspect could be found. With the new technology, Brewster suggested, maybe something might turn up.

The only thing Brewster revealed about the person he thinks killed Sullivan is that it is somebody she knew prior to her death.

"The one thing I can tell you, I’m fairly confident that we know who is responsible for her death," Brewster said, "but I guess you can read between the lines that I don’t have enough to make a charge yet."

On Brewster's book shelf is a very thick, full binder. On its spine: Fickel Homicide. You can't miss it when you walk into Brewster's office. It draws your eye faster than the stunning photograph of a lone tree in the midst of an expansive landscape on one wall, or the beautifully carved birdhouse atop his credenza.

Brewster has amassed more than 500 leads in the Fickel case, and more than 300 of them are filed in the Fickel Homicide binder.

But the most important lead of all may have come in mid-June when Steven Rebert, a former Oakfield resident, was arrested as a suspect in a double murder in Pennsylvania.

State Police in that case reported finding evidence on his computer that indicated he had more than a passing interest in the death of Fickel and the unsolved murder of Kevin Smith in Orleans County.

All four people were shot to death.

Bill Fickel was killed outside his home in November, 2005, less than mile from where Rebert lived at the time. The two men knew each other.

In the Fickel murder, there was DNA found at the scene. It could be the DNA of the killer or the DNA of an associate, but Brewster has spent years looking for a match, because a match could crack the case.

Of all the mysterious deaths in Genesee County in the past 30 or 40 years, the murder of Bill Fickel has gotten the most attention. Fickel was well known and well liked, and he was gunned down in front of his own home with his wife inside -- for no apparent reason.

Since the arrest of Rebert, Brerwster said he's been working the case daily. There have been steps forward, and steps backward.

"You have to be able to roll with the punches," Brewster said. "Some days are good, and some days are bad."

But, he said, "I'm optimistic on that case, and that's probably all I'm going to tell you."

Previously:

For audio versions of these stories, tune into WBTA today, Thursday and Friday.

Chief Brewster tracking four mysterious deaths in Genesee County

By Howard B. Owens

As Chief Deputy Jerome Brewster and his investigation team in the Genesee County Sheriff's Office get seemingly closer to making an arrest in 2005 shooting death of Bill Fickel, that headline-grabbing, unsolved murder isn't the only mysterious death that keeps the 35-year veteran awake at night.

The other names that haunt his memory include Annie Lee, Eddie Freson and Kisha Sullivan.

“I live with every single one," Brewster said during an interview in his office last week. "My personality type is that I need to know. Good, bad or indifferent, I need to figure it out. So, when I have cases like these that you can’t figure out, they bother me."

Brewster said he constantly turns over in his head whether the right questions were asked, who said what, what the available evidence means. Is there anything that's been missed? But mostly, he wonders if he and his staff are looking at the case from the right perspective.

"A lot of times what I question is, are we looking at this thing the right way?" Brewster said.

A murder investigation begins as soon as a death is called in -- it doesn't matter if it's an apparent suicide, a drug overdose, a drowning, a hunting accident or granny finally expired in her bed. Every reported death begins with the question, "was it murder?"

Often, it's quickly obvious that there was no crime committed. But it's important that in the initial moments when law enforcement is on scene, that nothing be overlooked.

"That’s a pretty good way to operate because then hopefully you don’t miss anything," Brewster said.

Sometimes, it's obvious that there's been a homicide. The death of 66-year-old Joseph Benaquist might be a case in point.

Besides the fact that Scott F. Doll (who was convicted of the murder in May) was found with blood on his clothes wandering on a road near the victim's house, when Benaquist's body was found, it was pretty obvious the retired corrections officer had been beaten to death only hours earlier.

There was ample physical evidence at the scene (though Doll's defense attorney continues to insist, ample evidence of reasonable doubt, as well) and a suspect already in custody.

When Brewster has physical evidence, a body found at the scene of the crime and a suspect, he says making an arrest is just a matter of "getting our ducks in a row."

Even on such "smoking gun" cases, Brewster wants to make sure the charges stick.

With eight investigators at his disposal (all of whom have other duties), as well as the cooperation of the State Police and other agencies, Brewster supervises the investigation and makes sure all of the proper procedures are covered.

"Just because a guy says he killed his wife doesn’t mean you will get a conviction if you don’t do your job," Brewster said.

But what happens when the body isn't found at the scene, or there's no DNA evidence, or the body isn't found until weeks after the crime?

That's when the job gets tough.

"If you’re going to solve (the case) quickly, you usually have enough at the scene," Brewster said. "If you’re not going to solve it (at the scene), then you’re in for a long haul, a long haul. The worst calls you want to get are ‘I just found a dead body along the road.'"

In the cases of Lee, Freson, Sullivan and Fickel, Brewster has been in it for the long haul. He continues to work the cases, though not all of them every day, and continues to search for answers, and in two of the cases he may be getting close to finding the right answers.

Starting tomorrow, we'll look at each of these cases individually and tell you the latest information Chief Brewster has to share.

(Note: WBTA is running a parallel series this week based on our interview with Chief Brewster. It will air Tuesday and Wednesday.)

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