Convicted rapist will answer to two more cases from the 1970s
JACKSON HOLE, WYO – County prosecutors believe they have a suspect in at least two rape cases that go back to a rash of sexual assaults committed in Jackson in the mid-1970s. Donald Pack, 65, will face charges in Teton County including two counts of rape, one count of burglary, and one count of aggravated burglary. Pack was arrested at his home in Cheyenne last December but posted $150,000 bond for release until his upcoming arraignment in Teton County District Court.
The four-decade-old cases were reopened after a special agent from the Wyoming Division of Criminal Investigation began poking around the evidence room of the Jackson Police Department while looking into the 1989 disappearance of Kathy Perhinger of Riverton. Semen-stained panties were found and sent to the state lab for testing. Tests concluded the DNA matched that of Pack’s.
Pack confessed to the 43-year-old rapes in Jackson while being held late last year. Defense attorney Tom Fleener has made indications the defendant may not be looking to emphatically fight the new charges. Judge Tim Day offered to recuse himself after he revealed he worked the original case as a deputy sheriff in the mid-1970s. Fleener and Pack chose not to exercise the offer to have Day step down.
Convicted rapist has a record
Pack was convicted of first-degree rape in 1976 and served prison time. The former Jackson resident was tried in Sublette County for an incident described in detail by court documents obtained by Buckrail pertaining to the defendant’s subsequent appeal in 1977, which was heard by the State Supreme Court.
“On October 12, 1975, the prosecutrix left the Pink Garter Steak House in Jackson, Wyoming, where she was employed, walked to her car parked behind the building, started her car and headed for her home located twenty miles south of Jackson past Hoback Junction. As she neared the Aspen Drive Inn Theater south of town, a truck began following her and blinking its lights, in response to which the prosecutrix pulled over to the side of the road and stopped. She rolled down the window and the man who got out of the truck behind her said that sparks were coming from near her right rear tire and brake fluid was leaking. The prosecutrix got out of her car, looked at the tire, couldn’t see anything, and proceeded to reenter her car. Before she could close the door her assailant grabbed her, pulled her out of the vehicle and, after a struggle, picked her up and placed her in the cab of his pickup truck.
As they drove away the prosecutrix attempted to grab the steering wheel and aim the truck at the back of her automobile, but her assailant pushed her away, warning that if she didn’t behave herself he would kill her. The defendant-appellant then drove south on Wyoming 187, and after an initial stop near Scott’s Horse Palace continued on to Hoback Junction where he turned and headed toward Pinedale, and upon driving a short distance, he turned onto a dirt road and stopped. The prosecutrix was forced to undress, perform oral copulation on her assailant, and then complete sexual intercourse. She testified that she tried “as best” she could to resist but was afraid if she resisted more she would be killed.
After the attack, the prosecutrix testified that she dressed herself, as did the defendant, whereupon he then drove down the dirt road, where his vehicle became stuck. After rocking the truck free with the driver’s door open to back out, he drove down the road a short distance farther and stopped again, whereupon he walked the prosecutrix to some trees where he left her.
After observing her assailant turn back onto the main highway, the prosecutrix walked barefoot out of the woods and onto *243 the main highway where a passing motorist stopped and gave her a ride toward Jackson. When they reached her automobile, still parked on the road, they found a Teton County Sheriff’s deputy inspecting it, whereupon she reported the incident to the officer. The prosecutrix was then transported to the Sheriff’s Office, interviewed, and taken to the hospital where she was examined by a physician.
Upon leaving the hospital, the prosecutrix was accompanied to an area near the county rodeo grounds and shown a truck which she identified as the one in which she had been abducted. She then described several articles observed by her in the truck, which matched articles found in the truck at the rodeo grounds. The prosecutrix was then taken to the Sheriff’s Office and shown photographs of nine different men and she immediately identified the picture of defendant-appellant Pack as her assailant. A warrant was obtained and shortly thereafter, at approximately 7 a.m. on October 13, 1975, Pack was arrested at his home. Later that morning, a warrant was obtained and a search conducted of the residence and place of business of defendant, and several items of clothing were seized.
At trial, the prosecutrix identified the clothing seized in the search of defendant’s home and business as being the same as those worn by her assailant, and, as he sat in the courtroom, she also identified the defendant as her assailant.
The examining physician, Dr. James R. Little, testified that he conducted a pelvic examination of the prosecutrix during the early morning of October 13, 1975, and found evidence of recent sexual intercourse in the form of motile sperm.
Special Agent James A. Hilverda of the F.B.I. testified that he found one head hair on the prosecutrix’s skirt and one head hair on her panties, both of which exhibited all the same microscopic characteristics as the known hair samples submitted by defendant Pack. Agent Hilverda further testified that three head hairs found on defendant’s seat covers, two head hairs found on his shirt, and two head hairs found on his trousers all exhibited the same microscopic characteristics of those of the prosecutrix. From this, Agent Hilverda determined that the head hairs found on defendant’s clothing and seat covers could have come from the victim, and those head hairs found on the victim’s clothing could have come from the defendant. Agent Hilverda testified further that the victim’s hair and the defendant’s hair were easily distinguishable.
In addition to examination of the hair samples, Agent Hilverda microscopically examined three pieces of bush, two collected at the crime scene, and one removed from defendant’s truck. He concluded that State’s Exhibit 58, collected at the scene, and State’s Exhibit 57, taken from defendant’s truck, were parts of one and the same bush. It was further his opinion that a button found at the prosecutrix’s car was of the same color and appearance as the buttons on defendant’s shirt, two of which were missing, and that it could have originated from that shirt.
Special Agent Robert P. Spalding of the F.B.I., a forensic serologist, testified that semen stains were discovered on the truck seat covers, the prosecutrix’s panties, and the defendant’s shorts, but no semen or sperm cells were found. Finally, Paul Sherbel, qualified as a registered land surveyor, testified that according to his calculations, the crime scene was located in Sublette County.”