43-Year-old Klamath County cold case solved [VIDEO]

KLAMATH FALLS, Ore. - A 43-year-old cold case regarding a double homicide in Klamath County has now been closed due to recently processed DNA evidence collected at the original crime scene in 1978.

On November 17, 1978, the Klamath County Sheriff’s Office received a report of human remains discovered near Lake of the Woods and the Dead Indian Highway. Then KCSO Detective, Carl Burkhart (later Sheriff), processed the crime scene and collected evidence.

Burkhart’s investigation showed that the victims were shot multiple times with a small-caliber gun and the female victim was sexually assaulted. The victims were identified as Kirk Leonard Wiseman, 19, and Cynthia Lynn Frayer, 17 of Southern California.

Remains of a small dog were also found at that time.

“We had no connection at all from the victims in the Klamath Falls area from what we were able to determine at that time,” said retired Klamath County Sheriff Carl Burkhart. “The only connection to Klamath Falls was a hitchhiking sign [found at the scene] that said, KFalls.”

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Retired Klamath County Sheriff recounts the day he, as a KCSO detective, investigated the homicide of Wiseman and Fryer.

Burkhart confirmed the victims were hitchhiking to Klamath Falls but could never confirm that they made it to the city.

Burkhart continued to work the case that stumped him until his retirement in 2001.

Evidence collected off the female victim was stored for the hope of later processing with advancing technology. In 2018, multiple items were submitted to the Oregon State Police crime lab in Bend to help identify a suspect. Including a few items of clothing worn by Fryer.

In the spring of 2019, KCSO Detective Dan Towery received a call from Devin Mast at the Bend crime lab stating they had a new lead and DNA hit from the items submitted the previous year as “unknown male number 1.”

The DNA recovered was entered into the national database of convicted offenders, but did not return any confirmed results.  Detective Towery then began to use additional assistance regarding DNA forensics from Parabon Nanolabs.

A sample was produced in coordination with Marshal University that Parabon could analyze. Using genealogy, Parabon works the sample backward to find existing forensic connections and a viable suspect.

A report from Parabon in the summer of 2021 indicated a viable suspect. Further forensic screening of the viable suspect’s immediate family (ex-wife and children) confirmed a link in DNA evidence between the evidence on the 1978 victim and the current relatives.

The viable suspect was confirmed as Ray Mason Whitson Junior.

Whitson had died in Texas in 1996 due to unrelated medical reasons.

“I gave the [crime lab] report to D.A. Costello to confirm what we had,” said Detective Towery. “At that time based on our suspect, Whitson being deceased we have suspended the case at this time. Based on his DNA being on the female victims body.”

“Had Mr. Whitson been alive at this point, we would do a continuing investigation. We would have police arresting [on probable cause] at this time,” said Detective Towery.  

Detective Dan Towery of the Klamath County Sheriffs Office provides an update about a 43-year-old cold case in a press conference held January 6, 2022.

Checking the boxes

Detective Towery spoke with the Whitson relatives and learned that the viable suspect lived in the Klamath Falls area from 1976-82, and that his children went to school in the area. In that time Whitson worked at a lumber mill.

Detective Towery added, “sitting and talking with the family about the area this occurred, the family said, ‘yeah we know that area well, we used to go up there all the time. We would go camping, we had friends in the Ashland area. We were always taking that route.’”

Through the investigation, it remains unclear how the incident happened. Whether the victims were hitchhiking from Ashland to Klamath Falls or back. It is believed that Whitson came upon them and offered a ride.

“That’s always going to be an unknown,” said Detective Towery. “That’s one of the questions I wish I could have sat down with Mr. Whitson and asked him. To get those final clarifications. At this point, we just will never know.”

When speaking to the family Detective Towery said many things started coming together and “checking the boxes.” Including the fact that Whitson used to carry a small-caliber handgun.

With the cooperation of the Whitson family in providing the DNA swabs, collected evidence including letters, postcards, and personal items can now be returned to the victim’s families. One letter for Frayer’s mom and dad was written several days prior that was never mailed; it contained information about their hopes & dreams and what they had been doing in the recent days.

“I am going to get to return [evidence] items to her mom and her aunt,” said Detective Towery. “Those are the things that the suspect family made possible. Without them, none of this [closure] would be possible.”

Money well spent

According to Sheriff Chris Kaber, the KCSO spent approximately $8000 with the private DNA laboratory to process the forensic evidence.

“When you are running budgets every thousand here and thousand there you really want to make sure you use it wisely,” said Sheriff Kaber. “This gives me a lot more confidence the next time this might come up. That is money well spent.”

Future of cold cases

Klamath County District Attorney, Eve Costello advised during the press conference that there is talk of creating a cold case unit that can push forward on these types of cases. Where an effort can be made to hold responsible parties accountable for their actions.

“We have been able to bring closure for a family,” said an emotional Costello. “Because when somebody dies and you don’t know really what happened. You just left this universe in a really awful way. It leaves you with a huge hollow feeling. This work has allowed that family to have some degree of peace.”