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State v. Peek5/3/2000
d to have Ms. [G.H.] remove her gown and blindfolded her with a tee-shirt. The suspect was reported to have a "proper, clear, Northern" accent. The suspect initiated an attempt to have anal intercourse with Ms. [G.H.] from the rear, but when Ms. [G.H.] stated, "I thought you weren't going to hurt me," the suspect relented and engaged in forcible vaginal intercourse instead. After the rape, the victim was bound lying in the floor of the living room. The suspect attempted to bind the hands and feet of Ms. [G.H.] behind her back in a fashion similar to that described by Ms. [K.T.] on July 1, 1996, but due to the physical characteristics of Ms. [G.H.], this was not possible. The assailant used shoelaces taken from shoes of the victim for this purpose. Her hands were then tied in front and the perpetrator asked for fifty ($50.00) dollars, as he departed but was informed by Ms. [G.H.] that she did not have any money. The assailant then stated "I'll kill you just like that nigger bitch if you call the police and I'll be right down the road." Ms. [G.H.] was unable to give any physical description of her attacker. The investigation revealed that entry into the residence was through a rear side window where exit also apparently took place. Doors to the residence apparently remained secure. Afterwards, Ms. [G.H.] was transported to the Rape Crisis Center for counseling and physical evidence collection. A rape kit which includes pubic hair combings and vaginal swabs was completed at this location and has now been forwarded to the Tennessee Bureau of Investigation Crime Lab for comparison with the collections in the [K.T.] rape on July 1, 1996.
4) On July 31, 1996, at approximately 1:00 a.m., a Mr. Robert Flake was interviewed by the affiant. Mr. Flake stated that he was familiar with an individual meeting Ms. [K.T.]'s description of her attacker from a previous occasion at "Jimmy D's" sports bar. In his capacity as Night Manager for the bar, Mr. Flake stated he had observed this individual, a black male, in the bar, mostly pursuing the company of white females, some months earlier. (This bar has traditionally been exclusively frequented by "white" patrons). Mr. Flake had told Detective Tim Chapin on an earlier interview that he would ask a particular waitress who could give the individual's name. Mr. Flake subsequently gave your affiant the name "Michael". He described "Michael" as speaking with a "white" accent.
5) In response to this development, your affiant contacted the local patrol officers of the midnight Fox Team in order to learn if they were aware of any black males, first name Michael, who lived within a one-mile radius of 1605 E. 40th Street.
6) Chattanooga Police Officer Charlie Brown immediately made your affiant aware of an individual known as Michael Peet, aka Michael Peek, aka Michael Peak, who resides at 4219 14th Avenue, Chattanooga, Tennessee. This address is within one (1) mile of both reported rapes, and most importantly, that he had witnessed Michael Peak walking between the hours of 1:00 a.m. and 2:00 a.m., the early morning of July 30th, 1996 in the 3400 block of Dodds Avenue. This location is seven-tenths (7/10's) of a mile by street travel from the scene of the attack on [G.H.] at 3908 6th Avenue. This sighting places Michael Peak in the vicinity of this rape within three (3) hours of the attack. Officer Brown went on to relate that Mr. Peak had a lengthy history of arrests. Your affiant conducted a computer search of the records which revealed charges of Residential Burglary and a recent Indecent Exposure wherein Peak listed New York as his place of birth. The reports indicate that Peak is between 6'2" and 6'4" in height.
7) On August 6, 1996, at approxima
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