David Misch Probable Cause Affidavit

County of Alameda
DAILY
DECLARATION AND DETERMINATION
Probable Cause for Warrantless Arrest
Arrestee/Suspect DOB Sex PFN
DAVID MISCH 02/19/1961 M AMU732

Race CDL Agency Report #
WHITE N7607374 CA UNKNOWN

Arresting Agency Declarant Agency Phone Agency Fax
HAYWARD PD (CA0010600) Robert Purnell (510) 293-7000 (510) 293-7183

Arrest Date Arrest Time Arrest Location
12/21/2020 08:00:00 5325 BRODER BL DUBLIN CA

Holds Arrestee Home Address
409 CEDAR ST MIDDLETON ID

Charges/Violations
PC 187(A) F(1 Counts)
Case #1988-112127
On 11-19-1988 shortly before 1023 hrs, Hayward Police Dispatch received a report of a kidnapping that just happened at
32575 Mission Blvd, the Rainbow Market in Hayward. Officers responded and contacted the 9-year-old witness who
reported that her 9-year-old friend (the victim) had been kidnapped. The witness told officers that the two girls had ridden
scooters to the store and left them parked together just outside the door. Several minutes later, after going inside and
purchasing some snacks, they came back out and noticed that one of the scooters had been moved some distance into the
parking lot and placed behind the suspect vehicle. When the victim went to retrieve the scooter, she was grabbed around
the waist by the suspect and pulled into the car while she violently screamed. The vehicle fled out of the parking lot,
travelling southbound on Mission Blvd. The witness described the suspect as a White Male, 20-28 years, 6'0", slender
build, blue eyes, and long dirty blond hair. Other witnesses in the parking lot and store gave similar descriptions of the
suspect seen before or after the kidnapping with variations including that he had a mustache. No witnesses described the
presence of other suspects in the suspect vehicle. The moved scooter was processed for latent prints and lifts were taken
from the handlebars and fork of the scooter. The victim has never been seen again.
Over the next 32 years, prints from many possible suspects were compared to the latent lifts from the scooter. None
matched the lifts from the scooter. In 2018, the Hayward Police Department's in-house fingerprint examiner was provided a
list of several possible suspects, which included David Misch, and asked to determine whether fingerprints from any of them
were a match to prints from the scooter. Misch was determined in 2020 to be a match to multiple lifts from the scooter. In
addition, two eyewitnesses identified Misch as being at the scene of the crime, having seen him in a car in the parking lot
just before the kidnapping took place. Each chose his picture from a double-blind photo lineup. Based on booking photos
and various police reports from that time, Misch was a White Male, 27 years old, 6'0", a slim muscular build, shoulder length
blond/brown hair, and blue eyes. Misch was already in custody for a murder he committed in December 1989 in Alameda
County, has been serving time in State Prison for that murder since then, and is currently awaiting trial on a double murder
committed in Fremont in 1986.
Detectives attempted to interview Misch on 12-2-2020. Misch refused to talk to detectives without his attorney. Detectives
attempted to serve him a lawfully issued search warrant for his fingerprints and a buccal swab. Despite being informed that
this was a court order, and that he had no legal right to counsel for the taking of these samples, he continued to refuse.
Misch was further informed that detectives were investigating the kidnap and murder of the victim, who was named, and
again he refused to comply with the warrant, even when told that providing the prints and his DNA could possibly exonerate
him.
I believe that physical evidence shows that Misch kidnapped the victim on 11-19-1988. By December 1989, Misch was in
custody for murder and has remained incarcerated since. Even if he kept her alive for a brief time, the risks of discovery
involved in keeping the victim captive for any length of time would have been too great. At 9 years old, the victim would
have been capable of describing and identifying Misch as her abductor and assailant had he let her live. Further, given
Misch's criminal history, which includes sexual assault and murder, he would have known that penalties for child abduction
and assault were serious and that allowing her to live would expose him to serious consequences. I believe that it is
reasonable to conclude that having violently abducted the victim, a 9-year-old girl, who hasn't been seen in 32 yrs., and
whose remains have never been found, that Misch murdered the victim, disposed of her remains, and has successfully kept
her remains hidden from authorities.
Misch was placed under arrest at Santa Rita Jail for the murder of the victim.
Page 1 of 2
Document #: PCD647056
I declare under penalty of perjury that the above information was obtained through official police channels and is contained
in the above-mentioned police report. Executed in the County of Alameda, State of California. Identity and signature of
declarant verified by CRIMS.
Date: 12/21/2020 08:06:35 Declarant: Robert Purnell Badge: 326
Reviewed and approved.
Date: 12/21/2020 09:12:39 Supervisor: Robert Purnell Badge: 326
Page 2 of 2
Document #: PCD647056

David Misch Probable Cause Affidavit

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County of Alameda

DAVID MISCH 02/19/1961 M AMU732

WHITE N7607374 CA UNKNOWN

HAYWARD PD (CA0010600) Robert Purnell (510) 293-7000 (510) 293-7183

12/21/2020 08:00:00 5325 BRODER BL DUBLIN CA

409 CEDAR ST MIDDLETON ID

Reviewed and approved.

Date: 12/21/2020 09:12:39 Supervisor: Robert Purnell Badge: 326

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