Robbery, Shooting Suspect’s Alibi Was A Lie; Four Charged

Posted On July 09, 2014

By Mike Perleberg

Gerald Kemper Hamilton County Sheriff's Office

Gerald Kemper
Hamilton County Sheriff’s Office

(Lawrenceburg, Ind.) – Four people are accused of lying under oath in an attempt to get off the hook a man who shot a store clerk during an armed robbery in Lawrenceburg.

Gerald Kemper, 39, of Cincinnati, shot the clerk in the leg during a robbery at the Fast Track BP gas station in Lawrenceburg in June of 2012. He got away in a vehicle driven by Malik Abdullah.

Abdullah pleaded guilty to Conspiracy to Commit Robbery in Dearborn Circuit Court last December. He was sentenced to eight years with five of those years suspended to probation.

But Kemper took his case to a jury trial in Dearborn Circuit Court in May. Even though witnesses testifying for Kemper provided a supposed alibi for the accused, he was convicted on all five charges he faced including Robbery Resulting in Bodily Injury, Conspiracy to Commit Robbery, Aggravated Battery, and Possession of a Firearm by a Serious Violent Felon.

As it turns out, Kemper’s alibi may have been a lie. On July 2, Dearborn County Special Crimes Unit detectives filed charges of Perjury, Conspiracy to Commit Perjury, and Obstruction of Justice against Kemper and three of his trial witnesses, court documents show.

The three others are identified as Kemper’s sister Iesha E. Rivera, 31; Kenneth L. Pearson, 45; and Clinton R. Whaley, 30. All are residents of Cincinnati.

According to a court affidavit, Rivera, Pearson, and Whaley all lied during sworn pre-trial depositions that Kemper was somewhere else during the morning of the BP robbery and shooting. The men claimed they were with Kemper at a bar all night, then travelled to Rivera’s residence in Cincinnati where they stayed until later that morning.

Whaley, Pearson, and Rivera said during depositions that they had little to no contact with Kemper following his arrest in December of 2013.  During the May jury trial, all three testified on the same day under oath that they had not discussed their testimony or an alibi with Kemper or the others.

In preparing for the trial, detectives reviewed phone call records from the Dearborn County Law Enforcement Center, where Kemper was held between his arrest and trial. There were 52 phone calls made to Whaley, 91 to Pearson, and 35 to Rivera. The content of the calls, according to the affidavit, indicated that Kemper was coordinating with the three others to construct an alibi.

During their rebuttal at the trial, the prosecution played several of the phone calls for jurors to discredit Whaley, Pearson, and Rivera’s testimony regarding an alibi, helping to lead jurors to convict Kemper.

Kemper’s sentencing for the jury trial conviction was scheduled for July 2, but has been rescheduled for July 14 before Judge James D. Humphrey. He faces up to 60 years in prison, Dearborn-Ohio County Prosecutor Aaron Negangard has previously told Eagle 99.3.

The new Perjury and Obstruction of Justice charges are all Class D felonies punishable by six months to three years.


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