The investigation into the allegations against Timothy Guilfoy was marked by significant procedural shortcomings and oversights, raising serious concerns about the thoroughness and integrity of the process.
Initial Report and Immediate Actions
On March 18, 2009, at approximately 12:30 PM, Jennifer Astle contacted 911 to report that her three children had disclosed that they were raped by Timothy Guilfoy. That day, March 18, 2009, Astle claims she had sent her children to school in the morning, and was called by a guidance counselor from the children’s school and told that one of her daughters said that someone in her life was sexually abusing her, but she did not say who. Astle removed her two youngest children from their school and her oldest daughter from her school around noon and confirmed the guidance counselor’s account during the car ride. Then instead of taking them to the ER, returned home to separate the girls to inquire who might have hurt them and they all said that it was Tim. Astle then called 911.
Clarksville Police Officers Chris Gilmore and L. Reed responded to the residence at 2026 Lintwood, which Astle was renting from Guilfoy. Following department policy, the officers spoke only with Jennifer Astle and did not interview the children at that time. Their report, filed the same day at 4:40 PM, summarized Astle’s statement: between May 1, 2008, and February 28, 2009, Guilfoy had inappropriate contact with her daughters. The Department of Children’s Services (DCS) was notified, and a copy of the report was sent to Major Crimes. Notably, Jennifer Astle’s written statement to the police on March 31 indicated that the last alleged incident occurred on March 16, 2009, just two days prior to her 911 call.
Jurisdictional Complications
The Astle family had moved from Nashville, Tennessee, to Clarksville in September 2008. This timeline meant that the alleged incidents spanned two jurisdictions: Davidson County (Nashville) and Montgomery County (Clarksville). Despite the proximity of approximately 50 miles between the two cities, this jurisdictional overlap complicated the investigation.
Lack of Immediate Medical Examination
Despite the recentness of the last alleged incident, neither Astle nor the responding officers sought immediate medical evaluation for the children. Astle did not take the initiative to have her daughters medically or psychologically examined, and the police did not immediately suggest or mandate such action. This omission is critical, as timely medical examinations are essential in cases of alleged sexual abuse to collect potential physical evidence and assess the victims’ well-being. The children were physically examined on April 21, 2009, nearly a month after Tim’s arrest, and a month and three days following the 911 call. All exams showed no signs of injury or abuse.
Absence of Forensic Evidence Collection
The investigation lacked fundamental forensic procedures. No bedclothes or clothing from the children were collected for analysis. Although the residence was a reported crime scene, no photographs were taken, and no notes were made regarding the layout or condition of the sleeping areas. Law enforcement did not collect any items from the alleged crime scene for scientific forensic testing. It was later revealed that no detective or prosecutor even went to the home in Nashville where the Davison county allegations supposedly took place. In court, Detective Ginger Fitting testified that in cases of recent allegations, standard procedure would include photographing the residence and attempting to collect evidence such as sheets. However, these steps were not taken in this investigation, despite the most recent allegation being only two days old as noted in Det. Fitting’s Follow Up report. Note in this report that former detective Fittings calls him “perpetrator” instead of “suspect” from the first moments that she was assigned the case.
Police also did not attempt to collect any of Guilfoy’s devices upon arrest for investigation. She did not ask to see any prior communications between Guilfoy and Astle. Instead she referred the case to the FBI, telling them that she also suspected Guilfoy of having a collection of child pornography. From his first arrest on March 18, 2009 to August 2, 2009, no collection of physical evidence of Tim’s personal property was attempted.
SWAT Team
On August 2, 2009, the SWAT Team swarmed Guilfoy’s parents’ residence, which was his home base as he was working across the country in his permanent job, which the court had sanctioned. Tim was not present that night and was several states away. His elderly father was handcuffed and made to sit in the front yard, and his mother was not allowed to put in her contact lenses so she couldn’t see anything as she sat on a couch with guns pointed at her. SWAT investigated the computers and found nothing, although they tried to get both of Guilfoy’s parents to admit that a printout of a list of file names was the child pornography they were looking for. They remained silent, as they should have. SWAT thoroughly ransacked the house, damaging property, and removed all recordable media (VHS tapes including one of a kind family movies), returning only a fraction later. Federal prosecutors threatened to charge Timothy Guilfoy and his father Patrick Guilfoy with possession of child pornography, but would not either charge them nor drop the investigation. Patrick spent $4000 on an attorney to secure an admission from the FBI that admitted there was no child pornography found and no charges would be filed.
Delayed Forensic Interviews and Examinations
Detective Fitting’s first action after assignment to the case was to schedule forensic interviews for Astle and her daughters at the police station for Jennifer and the Child Advocacy Center for the children, which did not include physical examinations. These interviews were scheduled for March 23, five days after the initial report. Physical examinations did not occur until April 21, over a month after the initial 911 call. This delay further hindered the potential collection of physical evidence and timely assessment of the children’s health.
The Recorded Phone Call: A Questionable Tactic
One of the key components of the case against Guilfoy was a recorded phone call facilitated by law enforcement. This tactic, often referred to as a “controlled call,” is a standard investigative tool used to elicit confessions or incriminating statements. However, in this instance, the process was manipulated to create the illusion of guilt where none existed.
The call was orchestrated by investigators, who instructed Jennifer Astle to contact Guilfoy and discuss the allegations. The call was recorded, and former detective Ginger Fittings came to Astle’s home that she was renting from Guilfoy to make the calls, sitting by her with a pad and pen and giving Jennifer verbiage and instruction.
Fittings later testified that she scripted the skeleton of Jennifer’s statements according to the Reid Technique, a controversial investigative tool that uses false information and psychological techniques to elicit admissions of guilt. The Reid Technique has been widely criticized for eliciting false confessions leading to false convictions. Tim did not know that he was being investigated and interviewed by the police at the time he was talking to Jennifer Astle. He did not know that anything he said could be held against him in a court of law, because as far as he knew, it was just he and Jen on the line and she was telling him the truth. He assumed that she was telling him the truth, and still he denied every allegation in full honesty back to her.
Crucially, Astle assured Guilfoy during the conversation that if he admitted to any wrongdoing, the matter would not be reported to the police. This assurance was a deceptive tactic aimed at lowering Guilfoy’s defenses and encouraging him to confess. Guilfoy’s response to that was to tell her to yes, call the police. He was not afraid of scrutiny, but encouraged it, because he was innocent of every accusation thrown his way. The lie to Tim that the police had not yet been contacted was the only specific lie that former detective Fittings told Astle to employ during the call. Fittings gave Astle the general advice that she could lie otherwise in the call to get him to make admissions, and 24 pages of suggestions of what to say to elicit inculpatory statements, one of which being “GET HIM TO ADMIT PENETRATION!!!” Astle attempted to make deals, threats, and promises if Tim would make any sort of admission of wrongdoing.
Jennifer Astle quotes from call transcript:
“You actually did touch them you know, on purpose, accident, whatever, it’s fine, I just think that the girls are, you know, making this up, and we can work it out, whatever”
“They were upset when I started talking to them, and you know, they love you, and they want you around, but they don’t want it to happen again is what they said, so if you can promise me that whatever it won’t happen again you know, that you won’t…”
“I just said I’ll talk to him and if it did happen, then, you know, maybe there’s a, a misunderstanding or something, you know, I told them that we were going to try to work this out, you and I, you know they don’t like losing people in their life”
“So please, if you could just talk to me, and we can, between me and you, just let’s talk about this. I know you made a mistake, and I know you might feel bad, you know, but I can’t help fix this if you’re not honest with me.”
Guilfoy’s Response:
Despite repeated attempts to coax an admission from him, Guilfoy did not confess to any misconduct during the call. His responses were measured and did not indicate any acknowledgment of guilt. He denied the allegations 67 times.
Although the recorded call did not produce the confession former detective Fittings sought, she selectively interpreted Guilfoy’s words. She also isolated specific phrases from Guilfoy’s responses that could be framed as incriminating when taken out of context. These phrases were then used as the foundation for obtaining a warrant for his arrest.
Cherry-picking statements from recorded conversations is a tactic that can distort the truth and create a narrative that aligns with investigative objectives rather than the evidence. By omitting the broader context of Guilfoy’s responses, detectives misrepresented the substance of the call.
Based on the distorted interpretation of the recorded call, former detective Fittings secured a warrant for Guilfoy’s arrest and he was in custody within 24 hours of the call. This decision was made despite the absence of a direct confession or any corroborating evidence from the call. The use of such tactics highlights a troubling disregard for due process.
Unbalanced Investigation:
The reliance on manipulated evidence from the recorded call underscores the one-sided nature of the investigation. Detectives appeared to be focused on securing an arrest rather than uncovering the truth. By ignoring the broader context of the conversation and failing to consider Guilfoy’s outright refusal to confess, investigators demonstrated a clear bias against him.
Once Tim was in jail awaiting arraignment, the detective rushed to the Grand Jury to secure more charges using the children’s forensic interviews, and then dropped the first charge so she wouldn’t have to answer questions about the “confession” from the phone call she alluded to in her affidavit. Another detective admitted at Tim’s bond hearing that he had NOT made a confession. At no point in either of Tim’s trials did the prosecutors identify any of Tim’s statements on the call as a confession. Simply stated, Tim did not confess.
This approach not only compromised the fairness of the investigation but also set a dangerous precedent for future cases. If law enforcement can manipulate evidence to secure warrants to make quick arrests and do no followup, it raises broader concerns about the justice system’s integrity.
Standard Investigation Procedures
An article published on March 31, 2008, in Clarksville’s newspaper, The Leaf Chronicle, titled “Young Victims Put First,” outlined the standard procedures for child abuse investigations in Clarksville. Detective Fitting was prominently featured, describing a process that includes immediate medical evaluations and thorough forensic evidence collection. Her deviations from these standard procedures in Guilfoy’s case are therefore particularly concerning.
The procedures outlined in that article show that the process is designed to be slow and thorough, taking months and weeding out many false claims. Tim was arrested within a week of the 911 call and no attempt was ever made to ask him his side of the story. In fact, the detective later testified at trial when asked the question if she cared about getting Guilfoy’s side of the story, she said that she did, the phone call was his side of the story. She didn’t dig any further, and falsified data points to this effect in her police reports in Tim’s file. There are safeguard checklists used by the Child Protective Investigation Team that were marked checked despite the corresponding actions plainly not being done in Tim Guilfoy’s case.
Failure to Investigate Financial Debt
A critical aspect of this case that was neglected by investigators was the financial relationship between Jennifer Astle and Timothy Guilfoy. At the time of the allegations, Astle owed Guilfoy a substantial amount of money in back rent and other financial obligations. Guilfoy owned the home Astle and her children were living in, and the debt had reportedly been a point of tension. Despite this, law enforcement made no effort to examine whether these financial issues could have influenced Astle’s allegations.
Ignored Context of Financial Dispute:
Guilfoy had consistently sought payment for the overdue rent, creating friction in their relationship. Jennifer Astle admitted at trial that she failed to pay about three months of rent prior to making these accusations. It is not uncommon for financial disputes to escalate into allegations, especially in situations where the stakes are high. A thorough investigation would have included exploring this potential motive. There is no record that law enforcement requested documentation, such as rental agreements, overdue payment notices, or any written communication between Guilfoy and Astle about the debt. Fittings claimed throughout the investigation and trials that there was no enforceable written lease (there was) and Tim bought the house for the Astles to live in rent-free until he could move into the first floor with the children “alone” while Jen and her boyfriend stayed down in the basement. She believed this because Jen told her this and she didn’t do any due diligence in checking this out.
The detectives should have been well-aware of the financial aspect of this case even without Astle informing them of it. On the recorded phone call, Jennifer Astle told Guilfoy that she had already deposited the first half of March’s rent into the back account. Guilfoy responded that he still didn’t see it in the account. The detectives could have easily looked at the bank account to see that Astle was lying and Guilfoy was telling the truth. This was Astle’s entire motive. Astle already owed Guilfoy two thousand dollars in back rent, and then lied to him in the beginning of March about depositing the first half of March’s rent. She likely already spent the money on drugs, and Tim had enough. He gave her two weeks to pay up or get out. Exactly one week later she called the police and made the accusations.
Once Guilfoy was arrested, Astle not only didn’t pay him the back and current rent she owed him, but she also stayed living in his rental house for over three months, which added another few thousand dollars to what she benefited from Guilfoy’s arrest. She also stole items from the house and left trash and feces in the attic and all around the house, leaving all doors open when she left in June 2009, when Tim was legally finally able to evict her. All the police reports are false in reporting that she moved out by April 2009.
Lack of Guidance Counselor followup
Although the official story of Jennifer Astle and the State of Tennessee is currently that a guidance counselor first told Jennifer Astle of the childrens’ accusations, the necessary paperwork that a Mandated Reporter like a school guidance counselor would be required by law to do was never handed over in discovery, throwing doubt on Astle and the State’s story. This was the only explanation for Jennifer Astle’s claim to not have first been approached by her daughters about the allegations. That was the only story that the convicting jury heard to explain why Jen had to ask her daughters who touched them. No identification of the guidance counselor was ever communicated to the defense in required discovery. Incidentally, the recording of the 911 call was also never included in the discovery. Videos of the childrens’ forensic interviews were also withheld from the discovery file.
[Part of Tim’s current appeal (June 2025) involves the testimony of the guidance counselor that worked at the school during the time the Astles were students there. She is going to testify at the evidentiary hearing scheduled currently for 6/30-7/1 that she was never contacted by the Astle children about abuse, never called Jennifer Astle to tell her of any allegations the girls made, had no reason to file Mandated Reporter reports of any kind because of the total lack of a complaint from one of the Astle children. She will testify that she absolutely would have known if another guidance counselor or school employee would have received such a report about the Astle children, she would have assisted in the case had that happened. Tim Guilfoy was later convicted on false evidence that a guidance counselor informed Jennifer Astle of one of her children reporting abuse. Jennifer Astle made that up. The police knew that, and let her. The prosecutor knew that story was false, and presented it to the jury as true. The jury assumed it to be true and reasonable to trust that the state wouldn’t fill that gap and now Gordian knot of “who told who among the family first” with a story they knew to be false about a non-existent third party, removing Jennifer Astle from suspicion of making it all up to get free rent. If the prosecution can’t explain otherwise how Jennifer Astle didn’t come up with these allegations on her own, where is the guidance counselor testimony? Or reports? Why do zero of the documents in the discovery file identify the guidance counselor that called Jennifer Astle on the morning of March 18, 2009 as per her trial testimony?]
Vagueness of Abuse Allegations
Nothing is known about the exact wording of the allegations that Jennifer Astle reported on the 911 call on March 18, 2009. The defense never received a recording of it in discovery, and was never given a reason why. Later FOIA requests reported that any recordings for this case in the 911 storage had been purged. She somehow reported that Timothy Guilfoy sexually assaulted all three of her minor daughters.
The first time specific allegations were made were the children’s forensic interviews on March 23, 2009, five days after the 911 call. The children originally described very limited knowledge and precociousness of sexual activities and generally reported that Tim would get in their beds while they were sleeping or pretending to be asleep, touch their bodies, which consisted of touching their chests and then touching their “tutus” vaginas with his finger, then he would get up and leave. They all reported that they were generally comfortable with him and liked until just recently, and the youngest child expressed concern for Tim getting in trouble. They all said he never asked them inappropriate questions or made them scared. At no time did the children cry or become emotional. No child reported seeing Tim’s penis, naked body, or describe him having an orgasm at all. The Tennessee standard for “rape” is any vaginal/labial penetration whatsoever, so the girls’ characterizations of the finger “going a little bit inside” counted as Rape of Child (ROC) for charging purposes. The non-penetrative allegations were charged as Aggravated Sexual Battery (ASB)
Jennifer Astle, the girls’ mother, claimed in police reports that she had often found Tim in bed with a child in the morning, detailing which child when if she remembered that information, and had trusted that that was harmless with Tim until March 18, 2009. Former detective Fittings made no attempt to explain that discrepancy–why would the mother be finding Guilfoy in bed with the girls in the morning if all the girls were saying he only visited them at night in their beds to touch them and would leave afterwards?
Due to the ages of the two children (8 and 10 at the time of the allegations, 11 and 12 at the time of trials), the forensic interviewer and prosecutor were allowed to ask them leading questions. The girls had no consistent narrative of abuse when discussing the details of time, place, location, actions, people present, or corresponding events, yet still at no time did any investigators in Montgomery nor Davidson counties go to Tim for any clarification.
Failure to Interview Timothy Guilfoy
Another glaring failure in the investigation was law enforcement’s decision not to interview Timothy Guilfoy at any point. This omission violated fundamental principles of fairness and due process, as it denied Guilfoy the opportunity to respond to the allegations and provide his account of events.
In cases of alleged abuse, interviewing the accused is a standard investigative procedure. This is essential for gathering evidence, identifying inconsistencies, and understanding the accused’s perspective. However, in this case, Detective Ginger Fitting and other investigators chose not to speak with Guilfoy, effectively sidelining him from the process.
Detective Fitting later testified in court that she had no reason to interview Guilfoy because his incriminating statements on the phone call were all she needed to hear from him, and the children’s statements during forensic interviews were deemed credible. This rationale is deeply flawed. Credibility assessments do not eliminate the need for a balanced investigation, which includes hearing from all involved parties.
Guilfoy’s account could have provided critical context, especially regarding his financial relationship with Astle, his interactions with her children, and the timeline of events. Without his input, investigators relied solely on the accuser’s narrative, failing to explore potential contradictions or alternative explanations.
Conclusion
The investigation into Timothy Guilfoy’s case was deeply flawed due to the failure to investigate the financial relationship between him and Jennifer Astle and the refusal to interview him. These omissions reflect a lack of thoroughness and fairness, raising serious questions about the validity of the investigative process and the resulting legal proceedings. A more balanced and diligent approach could have uncovered critical evidence, ensuring a fairer assessment of the allegations.
The investigation into the allegations against Timothy Guilfoy was marred by significant procedural deficiencies, including delays in medical examinations, failure to collect forensic evidence, and deviations from standard investigative protocols.
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