This is the audio of the last caller from KZNG’s Talk of the Town with Dick Antoine on August 20, 2012.

First of all Abernathy was not cleared by the ASP.  He was formally charged with first degree murder (please read here and here). The charges were later dropped (nol pros) — not because he was cleared, but because evidence was dismissed by Judge Means as being either circumstantial or hearsay (please read here). Abernathy did not have a viable alibi, he did have a motive and he was repeatedly noted as telling lies regarding his relationship. It was fortunate for him to have Judge Means on his side.

Secondly, portions of the testimony were deemed hearsay due to the fact there was not any proof of the child’s paternity (please read here). If the DNA does show paternity, portions of the hearsay would possibly be eligible for readmission into testimony.

The final thing I would like to clarify is the conviction of the caller that Abernathy is, in fact, completely innocent of any wrong doing. If this caller knows something he should come forward. It is my desire to have my mother’s murderer convicted, whether it is Abernathy or not.