Melissa Tremblay: The Trials of Marvin McClendon
Melissa Tremblay (Eagle Tribune)
This is Part 2 of a two part series. Click here for Part One.
The first trial of Marvin McClendon
After selecting the jury, the trial began on Thursday, December 7th, 2023 in Salem, Massachusetts, at Essex County Superior Court.
The prosecution established the timing for Sunday, September 11th, 1988, the day that Melissa was likely killed. The sister of the bartender said that Melissa was last seen at the bar around 1:30PM. She said that her brother (the bartender) was making her popcorn, and Melissa said she’d be right back. She left The LaSalle Club around that time and was not seen again alive by her mother or the bartender, but there were other various sightings that afternoon and evening in the neighborhood.
She was seen around 5:30PM speaking with a man in a van.
A woman who lived in an apartment near the railyard and she testified that she heard a scream, “loud enough to grab my attention,” on Sunday evening. She didn’t say what time she was going to bed, but she did say it was dark. Sunset that evening was at 7:00PM, so it was sometime after that.
Melissa’s body was discovered on Monday, September 12th, at 3:45PM. If the sighting near the van is to be believed, that leaves almost 24 hours during which she was missing.
Marvin’s reputation, incriminating statements
Though it was not a part of the trial, Marvin’s reputation was discussed in the press and in court hearings by the attorneys.
ADA Jessica Strasnick told the press that Marvin, as a 41-year-old man at the time of Melissa’s murder, was known as an “angry, violent drunk.” This characterization has never been attributed, but it may be formed in part by his criminal history—he was charged in 1989 with simple assault and battery, but was later acquitted.
In 1988, he was working as a carpenter with one of his two sons, who was about 17 or 18 years old. He was working out of a van.
Many people said that the van had tools in the back of it as well as a mattress. The Eagle Tribune reported that the prosecutor, Jessica Strasnick, had said at a court hearing that Marvin, “had relations with women” in the back of the van. This is Andrea, who attended the majority of the trial.
Andrea: “Every McClendon—including his dad. sister and ex-wife—when they were all taking their turns to testify in the trial, they were all asked those same questions. ‘Had you ever seen the inside of the van? Can you tell me what was in the van?’ And every single one of them said the same thing: that they were tools, and a mattress.”
On day 6 of the trial, the prosecution showed body cam footage from Marvin’s home in Alabama when cops went to question him. He spoke to them from his front porch in a red plaid robe. At the outset of his first interview with police in March of 2021, he asked them if they were there “about a rape.” Who, but a rapist, would say something like that? He was a big guy—six feet tall and former military. He, by his own admission, visited a strip club in Lawrence. It all paints a picture...
But the biggest thing working for Marvin was that he had cooperated with the investigation. He had agreed to be interviewed by police several times. He freely offered his own DNA. He had no criminal history except for the assault charge that ended in acquittal back in 1989. He lived a quiet life in Alabama, surviving on his pension from his long employment as a corrections officer in Massachusetts and social security.
Marvin wasn’t on the police radar until 2020, and for the previous 32 years, police had considered other suspects.
The van
A tipster who has never been publicly identified—other than as a pizza delivery driver—told police that they had seen Melissa speaking to a man who was driving a tan-colored, badly rusted van. The man was sitting in the driver’s seat. It was near the intersection of Parker Street and Andover Street in, “the mini-mall parking lot.”
The timing of the sighting—5:30PM on Sunday, September 11th—was very important. Melissa was last seen around 1:30PM, so this would now be the last time that Melissa was seen alive.
In the modern investigation of Marvin McClendon, investigators tried to determine whether Marvin owned such a van or had access to a van like the one that had been seen.
They learned that by 1990, 2 years after the murder, but perhaps earlier, Marvin himself owned a blue van—a 1983 model. They also found that Marvin’s father had owned a red GMC van in 1988 that Marvin would have had access to. After Marvin’s father’s retirement, Marvin purchased the van from him, and then later sold it to a cousin in Alabama in 2020. When police asked the cousin about the van, he referred to it as the “3M vehicle” because it had been owned by three different McClendon men. By the time the police were inquiring, he said that it was no longer running and that he had left it at a friend’s property for about a year and a half. Police have been unable to trace its whereabouts, and it has never been forensically processed. The police contend that the disappearance of the van from the friend’s property coincided with the timing of their investigation into the McClendon family in mid-2020.
DNA discussion
The prosecution presented the DNA evidence as eliminating 99.8% of the population. They talked about how the paternal line of the McClendon family would share the same DNA. They talked about how they systematically eliminated other McClendons and zeroed in on Marvin. A jury member might conclude that they narrowed the pool of potential suspects to just a few McClendon men and it was between them—Marvin being the most likely.
But this conclusion is misguided.
Here is a quote from Henry Fasoldt, the defense attorney, in his motion to dismiss the grand jury’s indictment.
“The case presented to the grand jury emphasized that the potential suspect pool in this case was one of three ‘age-appropriate’ male McClendon men who lived in Massachusetts in 1988 — the defendant, his brother, and their father. This was misleading in how it presented the concept of paternal ancestry and in how it focused only on immediate McClendon family members.”
A 99.8% match sounds formidable—it sounds certain. And though it does dramatically narrow the pool of suspects, making it a terrific investigative tool, it does not positively identify the killer.
In 2020, police sent the DNA profile that they had obtained previously to a company called Identifinders. They ran the profile through two databases—one called YHRD, which stands for Y-Chromosome Haplotype Reference Database. As of May 2023, there were 350,000 anonymous profiles in the database from across the world—in fact, only 12% were from North America. When running the suspect DNA against this database, 51 matches were found, but there was no information available about the matches—no names, no locations. It’s merely a tool to give you a sense of the frequency of a particular profile.
The second database, which is proprietary to Identifinders, includes 242,000 known men. And running the profile through that database yielded 155 matches. Of those 155 matches, 24 had the last name McClendon. But there were 86 additional surnames that matched including Lewis, Richardson, Brown, O’Brien, and many others. This is what Identifinders said about it in their report:
“[The suspect] Y-profile is common, with so many matches to so many surnames.”
Deliberations
On day 9, closing arguments were delivered and the case was turned over to the jury on December 19th, 2023, 5 days before Christmas. Court wasn’t in session on Saturday or Sunday, and then Christmas fell on Monday, so the jurors had three days away before returning on Tuesday the 26th.
On Wednesday, December 27th, at 10:05AM, deliberations ended after 32 hours. A note to the judge indicated that they were deadlocked—they could not unanimously agree on the verdict. The judge declared a mistrial and dismissed the jury.
Andrea: “I was flabbergasted, to be honest with, you that they couldn't agree. But I would rather hear that they couldn't agree than to find him not guilty.”
October 2024: McClendon trial #2
By October 15th, 2024, a jury had been empaneled and opening arguments began. The state was again represented by Jessica Strasnick and Marina Moriarty. The judge was again, Jeffrey Karp, and Marvin’s defense attorney, Henry Fasoldt, was the same. Nearly all the witnesses were the same. The biggest difference was that there was a new group of jurors to whom the case was being presented.
Nicole, who attended much of both trials, offered some insight as to the differences between the two.
Nicole: “I noticed specifically that the defense really ramped up their want for exclusion of particular pieces of evidence. The second trial did not have nearly as many photographs or as many of the experts and technicians. The biggest thing that I noticed was that the van that was a big link to McClendon... none of the evidence surrounding the van was allowed in the second trial. So, there was only brief speak of the van and not the reason in particular, McClendon's van was of suspicion.”
Henry Fasoldt told the jury, “This crime has not been solved. Not one person sitting in this courtroom knows who killed Melissa Tremblay. And by the end of this trial, you will be joining that group.”
Over the next 9 days the lawyers argued their case, and on Day 10 they made their closing arguments. It was almost precisely the same length as the first trial.
On Monday, October 28th, 2024, the jury began their deliberations.
On the 6th day of deliberations, they sent a note to the judge that they were deadlocked. Judge Karp asked them to continue. The next day, they reached a unanimous verdict.
They found Marvin McClendon... not guilty.
Remembering Melissa Tremblay.
So, what now? Melissa Tremblay’s case is still technically unsolved. The state could continue to investigate this case with the good forensic evidence that they still have in their archives.
If I were the state... If I were convinced of Marvin’s guilt... I would want to continue to investigate the case to prove to the public that I got it right—even if it’s not possible, because of double jeopardy, to try him again.
But I leave the question to you. What do you think? Is Marvin McClendon guilty?
One thing is for for certain: Melissa Tremblay will not be forgotten.
Andrea: “For me, it's really about adjusting to this news, moving forward with my life, and keeping those warm memories that I have of Missy dear. She was such a delight. She didn't deserve this. And if nothing more, I really want the world to know they lost a beautiful soul.”
Nicole: “She was sunshine. I mean, she was always happy to see me always ready to go on an adventure. She was interested in everything and everyone. She had such a love for life and curiosity that was adorable and endearing. I miss her. I still think about these moments and I miss her.”
If you have any information at all on the murder of Melissa Tremblay, please contact the Lawrence Police Dept at 978-794-5900.
This portion of text has been adapted from the Murder, She Told podcast episode, “Melissa Tremblay: The Trials of Marvin McClendon. To hear Melissa’s full story, find Murder, She Told on your favorite podcast platform.
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Henry Fasoldt, Marvin's defense attorney (NBC 10 Boston)
Jessica Strasnick, Essex County Asst. District Attorney (NBC 10 Boston)
Dr. Vincent Tranchida, medical expert for prosecution (EagleTribune.com)
Marvin McClendon, with his attorney Henry Fasoldt (WMUR)
Marvin McClendon (salemnews.com)
Melissa Tremblay, gravestone (findagrave.com)
Melissa Tremblay, age ~9 (Eagle Tribune)
Sources For This Episode
Mentioned in this episode: Patricia Newsom: East Haven Jane Doe Identified
Newspaper articles
Various articles from Berkshire Eagle, Boston Globe, Boston Herald, Eagle Tribune, Montgomery Advisor, New Hampshire Union Leader, Salem Observer, Sentinel and Enterprise, Transcript Telegram, and the Valley News, here.
Written by various authors including Anjali Huynh, Nick Stoico, Chris Mclaughlin, Diana Brown, Donna Thornton, Emily Sweeney, Nick Stoico, Erin Tiernan, Flint McColgan, JM Lawrence, John Basilesco, Jonathan Phelps, Julie Manganis, Magella Cantara, Maria Alvarez, Monique Duhamel, Paul Freely, Susan Forrest, and Travis Andersen.
Special thanks to the extensive coverage by print reporter Jill Harmacinksi.
Official documents
Essex County Superior Court, Docket Record, as of 1/5/2024
Various court records, 42 in total, between June 2022 and December 2023, as outlined here.
Courtroom audio from Essex Superior Court
NOAA historical weather reports
Interviews
Special thanks to Nicole and Andrea for speaking with us for this episode.
Online written sources
'Janet M. Tremblay' (Goundrey Dewhirst), 11/20/2015
'Melissa Tremblay, 11, fatally stabbed…' (Websleuths), 12/28/2019
'Melissa Ann “Missy” Tremblay' (FindaGrave), 2/27/2022, by Honoring their story
'Janet Bogannam Tremblay' (FindaGrave), 2/27/2022, by Honoring their story
'Ex-Massachusetts corrections worker arrested in' (NBC News), 4/27/2022, by Antonio Planas
'Former Mass correction employee arrested in 1988 killing…' (WBUR), 4/27/2022, by AP
'Authorities make arrest in 1988 killing of 11 year-old girl' (WCAX), 4/27/2022, by AP
'"Still in Shock"; Retired corrections officer nabbed…' (Daily Beast), 4/27/2022, by Donna Thornton
'In 1988, an 11-year old was stabbed to death…' (ABC News), 4/27/2022, by Emily Shapiro
'Ex-Massachusetts corrections worker Marvin "Skip" McClendon…' (Mass Live), 4/27/2022, by Erin Tiernan
'Ex-corrections officer arrested in 1988 cold case murder…' (Oxygen), 4/27/2022, by Jax Miller
'Alabama man arrested for Salem girl's 1988 murder…' (Gloucester Times), 4/27/2022, by Jill Harmacinski
'Retired correction officer arrested for 1988 murder of 11-Year-old…' (CBS News), 4/27/2022
'Alabama man arrested in 1988 murder of 11-year-old girl' (Mass.gov), 4/27/2022
'Man arrested in 1988 killing of 11-year old girl…' (WMUR), 4/27/2022, by Ray Brewer
'Suspect is finally charged in cold case stabbing murder…' (Investigation Discovery), 4/27/2022, by Robin Raven
'NH Girl was killed after wandering…' (People), 4/28/2022, by Chris Harris
'Cullman county man arrested in 1988 slaying…' (Gadsen Times), 4/28/2022, by Donna Thornton
'Authorities make arrest in 1988 killing of 11 year-old girl' (Court TV), 4/28/2022, by Mark Pratt
'Family of Melissa Tremblay releases statement' (Boston 25 News), 4/29/2022
'Man arrested in connection with murder…' (Pulse of NH), 5/2/2022, by Korie Eiles
'DNA cited as factor that led to break in 1988 cold case…' (Tahlequah Daily Press), 5/13/2022, by Jill Harmacinski
'Ex-Corrections officer held without bail…' (NBC Boston), 5/13/2022
'Man held without bail in 1988 murder…' (WBAL), 5/13/2022
'Alabama man linked through 1988 cold case murder…' (Boston Herald), 5/14/2022, by Flint McColgan
'Family reacts after man charged in…' (NBC Boston), 5/14/2022
'Family of murder victim speaks out on Alabama man…' (Alabama Public Radio), 5/14/2022, by Pat Duggins
'New Hampshire family speaks out following arrest in 1988 murder…' (WHDH), 5/15/2022, by AP
'Slain 11-year-old girl's family voices "great joy" and mixed emotions…' (Law and Crime), 5/16/2022, by Alberto Luperon
'Family of 11-year old victim in 1988 murder…' (Boston.com), 5/16/2022, by Arianna MacNeill
'Man accused of 1988 cold case murder of girl, 11, in Lawrence, indicted' (Union Leader), 6/15/2022, by Flint McColgan
'McClendon indicted in 1988 Salem girl's murder…' (Eagle-Tribune), 6/16/2022, by Jill Harmacinski
'Ex-prison guard pleads not guilty in 1988 murder…' (NHPR), 7/7/2022, by AP
'Alabama Man faces murder charge in 1988 death of Salem girl' (WCVB), 7/7/2022
'She has always been in our thoughts…' (Patch) 7/8/2022, by Scott Souza
'Family of girl murdered "never gave up hope"…' (WHNT), 7/19/2022, by Kait Newsom
'Prosecutor; McClendon's DNA matched samples from murdered girl…' (CHNI, LCC), 12/28/2022
'Lawyer for man charged in 1988 murder of 11-year-old girl…' (NBC Boston), 2/21/2023, by Marc Fortier
'How man accused of killing New Hampshire girl in 1988…' (WMUR), 2/22/2023, by Monica Hernandez
'December trial date scheduled in Lawrence child murder case' (Cleburn Times Review), 5/2/2023, by Jill Harmacinski
'Murder trial for NH girl's 1988 murder in Lawrence set for next month' (Salem News), 11/24/2023, by Jill Harmacinski
'Salem jury deadlocks, mistrial declared...' (Boston Globe), 12/27/2023, by Tonya Alanez
'Family of girl killed in 1988 reacts to murder mistrial' (Boston 10), 12/29/2023
'Family of Melissa Tremblay, cold case murder victim, releases statement' (Eagle-Tribune), 12/29/2023, by Jill Harmacinski
'Retrial of Alabama man charged with 1988 Lawrence murder....' (Boston 25 News), 10/15/2024, by Bob Ward
'Jury begins deliberating in trial of Alabama man...' (AP), 10/28/2024, by Michael Casey
'Jury finds Alabama man not guilty...' (AP), 11/5/2024, by Michael Casey
'Bob Ward, Boston 25 Facebook post' (Facebook), 11/5/2024, by Bob Ward
'Man found not guilty of 1988 murder...' (Boston Globe), 11/5/2024, by Tonya Alanez
Online video sources
'WMUR archive; 1988 killing of Salem girl' (WMUR), 1/17/2017
'WMUR archive; Funeral service for Melissa Tremblay in 1988' (WMUR), 1/18/2017
'Full video; Man arraigned in 1988 death of Melissa Tremblay' (YouTube), 4/27/2022
'Former Massachusetts corrections worker arrested…' (NBC), 4/27/2022
'Man arrested in 1988 killing of 11-year-old girl from Salem, NH' (WMUR), 4/27/2022
'In 1988, an 11-year-old was stabbed to death…' (ABC), 4/27/2022
'New developments revealed in cold case as suspect…' (NBC Boston), 5/13/2022
'Man accused in girl's cold case death back in court' (MSN), 2/21/2023
'Ex-Corrections officer held without bail…' (NBC Boston), 2/21/2023
'How man accused in killing New Hampshire girl…' (WMUR), 2/22/2023
'Victim's friend 'devastated' after jury fails to reach verdict' (WMUR), 12/28/2023
'Family of girl killed in 1988 reacts to murder mistrial' (NBC Boston), http://nbcboston.com 12/29/2023
Photos
Photos from WHNT, Patch.com, WMUR, WCVB, Google Maps, FindaGrave, Tewksbury yearbook, Salem Times, and the Eagle Tribune.
Credits
Vocal performance, research, and audio editing by Kristen Seavey
Writing, research, and photo editing by Byron Willis
Additional research by Chelsea Hanrahan and Ericka Pierce
Murder, She Told is created by Kristen Seavey.