Stray Bullet

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Stray Bullet

An inmate attempts to come to terms with his own actions, and turn his life around in prison.

By Gary Rivlin

The Atavist Magazine, No. 25


Gary Rivlin, an investigative reporting fellow at the Nation Institute, is a former New York Times reporter and the author of five books, including most recently Broke, USA: From Pawnshops to Poverty, Inc.—How the Working Poor Became Big Business. His work has appeared in The New York Times MagazineMother JonesGQ, and Wired, among other publications. He is currently at work on a book about the rebuilding of New Orleans after Hurricane Katrina. 

Editor: Charles Homans
Producers: Olivia Koski, Gray Beltran
Research and Production: Nadia Wilson, Nicole Pasulka, Rachel Richardson
Fact Checker: Spencer Woodman
Copy Editor: Sean Cooper
Audio of Tony Davis’s Confession and Phone Call Home: Oakland Police Department
Audio of Tony Davis and Gary Rivlin: Courtesy Gary Rivlin

Published in January 2013. Design updated in 2021.

One

The room was the one you’ve seen on television, but dingier and more claustrophobic. It was as small as a prison cell, maybe nine feet by twelve feet—roomy enough for a large metal table, a few battered steel chairs, and little else. The table was scratched with graffiti, and the walls, made of acoustic tiling, were heavily gouged. The metal door looked as if it had been beaten with a sledgehammer. The sweat room, the detectives working the Oakland homicide unit called it.

Brian Thiem looked at the suspect in front of him, an oversize kid with round cheeks and a thick double chin. Tony Davis wore his hair in a scruffy high-top and had gaps notched in his eyebrows. That morning he had been sitting in his ’72 Chevy Impala, letting the old thing warm up, when Detective Thiem had come to arrest him. Thiem had brought four extra cops to help apprehend Tony, but he immediately felt ridiculous for going to the trouble. He could’ve walked up and said, “Tony, I’m the police. You’re under arrest,” and Tony would have gone along.

Now that he had Tony at the station house downtown, Thiem couldn’t believe this 18-year-old was the murderer he’d been looking for. He seemed docile and scared. Thiem had been working homicide for a couple of years—long enough to appreciate that most of the guilty who sat across from him in the sweat room weren’t born killers, just people who’d taken a life in a murderous moment. Even so, he’d later say that Tony might have been the least likely killer he’d ever arrested.

At first, Tony denied everything. Denied knowing about any drive-by shooting, denied owning a gun. But there had been two other kids in the car with him that night in July 1990, nine months earlier, and both had fingered Tony as the shooter. When Thiem confronted him with their stories, Tony changed his, insisting that the shooter had been another kid named Steve.

Thiem left Tony to sweat for a couple of hours, then returned, confronting him with the inconsistencies in his version. “He began crying,” Thiem later wrote in his police log, “asking what was going to happen to him. He then said he would tell [us] the truth.”

Thiem started his tape recorder.

Two

The phone rings, and the familiar 707 area code flashes on the display. Invariably, it’s dinnertime when Tony calls, or it’s a day when I’m looking at a tight deadline. But when your friend is calling collect from inside a state penitentiary—when he once told you that a highlight of his two decades behind bars was busting his ankle, because surgery meant a night spent in a real bed at an outside hospital—you pick up the phone. It’s not like I can call him back when it might be more convenient.

The call starts as it always does, with a mechanized voice that says, “This call and your telephone number will be recorded and monitored.” The voice then warns me that the person on the other end of the line is calling from inside a California state prison. Then, precisely every three minutes, our conversation is interrupted by a grating, automated message: “This recorded call is from an inmate at a California correctional facility.” It has been nearly 20 years since I first heard that message, and I’ve heard it many hundreds of times since, and I still curse under my breath each time. But Tony, accustomed to worse intrusions, never seems to mind. After 15 minutes—the time limit programmed into all the cellblock phones—the call abruptly ends.

Long ago, with Tony’s blessing, I got in the habit of recording our calls; I reasoned that if the California Department of Corrections was taping our conversations, I would, too. The recordings are painful to listen to in more than an I-hate-to-hear-my-own-voice kind of way. To choose one example: It’s January 2008, Barack Obama and Hilary Clinton are vying for the Democratic nomination, and Tony mentions that he’s been watching the debates. I ask him where—in the common area of the cellblock, with other inmates, or in his cell on the 13-inch TV he owns? Except instead of saying “cell,” I ask if he watches alone in his “room.” I immediately laugh at myself, but Tony finds the slip-up too significant to let slide. “Hell no,” he says. “I will never get comfortable to the point I call my cell my room.”

On the tape, my voice sounds amped up, like it always does when I’m on the phone with Tony. Maybe it’s knowing that the clock is ticking, that we have just 15 minutes until the call cuts off. But a lot of it, I’m sure, is the jarring sense of being momentarily transported from my apartment on the Upper West Side of Manhattan to Cellblock 12 at California State Prison, Solano. Just to get to the part of the common room where the phones are located, Tony must navigate the prison’s invisible territorial boundaries, passing through an area staked out by norteños—Latino inmates from Northern California—and another claimed by whites and the sureños from Southern California. Sometimes he will go months without phoning, because his facility is on lockdown yet again after a stabbing or a melee between rival gangs. Once, it was because a black inmate used a shower long ago claimed by the “others”—the inmates’ catch-all racial category for anyone who isn’t black, white, or Latino—prompting a minor riot.

The taped conversations are full of awkward moments in which I over- or underestimate the degree to which Tony’s world intersects with mine. “You know what email is, right?” I ask him at one point, prompting a sharp laugh on the other end of the line. He watches CNN, he reminds me. It’s 2008; he knows what email is. When he mentions borrowing recent copies of USA Today, I ask if he’s ever come across copies of The New York Times, where I worked at the time. Tony tells me that not only has he never seen the paper, he isn’t sure he could picture it. I mention that I’m about to go to Las Vegas on a work trip. “Before all is said and done,” he tells me, “I want to go to New York. I want to go to Chicago. And I want to go to Las Vegas.” That proves to be another conversation stopper.

Eventually, the phone calls always circle around to the most familiar and obvious of subjects: Tony’s plight, his fate, the mistakes he’s made that landed him in a prison cell serving an 18-to-life sentence. “I’ll be 37 in August,” he told me in 2008. “I can’t dwell on what happened, how I got here, or how long I’ve been here. I can’t be mad, because being mad ain’t going to help.”

Tony and I first met in the early 1990s, when I was a young reporter for a local alternative weekly writing about youth violence. I was looking to talk with a teenager who had killed another teenager. Tony had done exactly that. When we first started corresponding, he was two years into an indefinite sentence for a murder he had committed when he was 18, the killing of a 13-year-old boy named Kevin Reed. Reed’s murder and its principals became the focus of my 1995 book, Drive-By.

A decade passed, then another. Somewhere along the way, Tony, now past 40, ceased to be my subject and became my friend. It has been nearly 20 years since we last saw one another face-to-face. For the longest time, Tony discouraged me from visiting; I got the impression he didn’t want me to see him yet because he had not yet grown into the person he knew he could become. By the time he felt ready, I had moved east, and since then lockdowns have thwarted my efforts to visit him. Over the years, however, we have exchanged probably a couple hundred letters. Whatever the exact number, it’s a safe bet that I’ve written to him more often than to anyone else in my life. Tony is black, and from time to time his fellow inmates have asked him about the white man whose picture is on the wall in his cell. “He’s like the only real best friend that I’ve had in years,” Tony tells them.

Then there are the phone calls, more than I’ve had with all but a few of my closest friends. In between the mechanical voice’s interruptions, we talk about sports, politics, our lives. I update him on the kids—the 3-year-old’s mastery of a scooter, the baby who for two months has seemed on the cusp of crawling—and he asks me to give them a kiss from their Uncle Tony. The one constant topic of conversation, of course, is prison itself: his life locked behind bars, the strategies he has adopted for survival, and, especially over the past several years, his quest to win his freedom.

In early 2010, Tony started talking about his next parole hearing, scheduled for 2012. For someone serving a sentence of 18 years to life, as he is, the parole board represents the only path to freedom. Under California law, he first became eligible for parole in 2003, after serving 12 years of his term. But the “to life” at the end of his sentence—the “life tail,” as it is known to those who have one—meant that there was no cap on the length of time he might serve. If he could persuade the parole board that he was a new man, he’d be free, assuming the governor of California didn’t choose to reverse the decision.

But until he convinced the commissioners presiding over a parole-suitability hearing that he was worth a second chance, he would never get one. He had botched his first parole hearing a decade earlier when he grew flustered and tongue-tied. He had assured me that he had performed better in subsequent appearances, and sometimes he spoke with great anticipation about his upcoming hearing. Other times, though, it was with trepidation, if not outright dread. What if words again failed him just when they counted most? Two years in advance, he was already rehearsing in his mind what he might say.


The argument for keeping Tony locked up can be made in a sentence: He took the life of an innocent 13-year-old boy. He pulled the trigger of a .45 five times, firing from the back of a moving car. He was stoned at the time of the shooting and might also have been drunk. He would claim that he meant only to scare the group of kids he was shooting at, but it was Kevin Reed’s misfortune that the bullet that killed him was a ricochet off the pavement. The bullet perforated Kevin’s groin, causing him to bleed to death while waiting for an ambulance, which took more than 10 minutes to arrive. Tony’s shooting sent two other children, both 14-year-olds, to the hospital with gunshot wounds.

But that was Tony at 18. Now it was 2012, more than two decades later, and the 40-year-old Tony Davis who would face a parole hearing in March was a different man. “Davis has worked exceptionally hard to improve himself,” one of his GED instructors wrote of Tony a few years back. “His true desire and willingness to go the extra mile to reach his goal is commendable.” His work habits and good behavior had won him a transfer to a medium-security facility, where he seemed to have enrolled in every self-help and support-group program offered, from Narcotics Anonymous to a victim-offender reconciliation group. He volunteered with a program that helps younger inmates adjust to prison life. He was one of three inmates assisting a professional counselor in a course designed to get prisoners thinking about their crimes from the victim’s point of view. (“I’ve seen hardened dudes come to this and break down and cry,” he told me.) He had also experienced a religious awakening, which would help with the parole board, as would the credits he had earned toward an associate’s degree. He had even managed to meet a woman who lived on the outside and marry her.

All of this counted substantially in Tony’s favor. As Tony told it to me, the commissioners hearing his case in 2010 had given him every reason to feel hopeful about his chances the next time around; they had recommended that he come back in two years rather than three, as previous boards had done.

But above all it simply felt like time. Tony and his crime were both anachronisms from an era that had long since receded. He was a black teen from the ’hood in the first half of the 1990s, which stands as the most murderous five-year period in modern American history. He had been swept up in the crack trade that had flooded U.S. cities. He had committed one of the most iconic crimes of the era, a drive-by shooting—a video-game approach to settling scores celebrated in the West Coast hip-hop on the radio at the time. Even the cavalierly draconian nature of his punishment—a prison term longer than the number of years he had spent on earth at the time—was an artifact of its time and place.

For comparison, consider the case of Tony’s grandfather, O. D. Clay. In 1957, drunk after a card game, Clay shot and killed a man he suspected of fooling around with his wife. The charge was second-degree murder, the same as Tony’s. But although he was a grown man when he committed his crime, Tony’s grandfather would serve less than five years in prison before a parole board gave him his freedom.

By 1991, however, voters and politicians in California had all but given up on rehabilitation in favor of a hard-nosed law-and-order philosophy. The tough-on-crime movement peaked three years later, when the state’s voters approved a notorious three-strikes law that gave a judge no choice but to impose a life sentence on any defendant with two prior serious felony convictions, even if he was charged with shoplifting a dress shirt for a job interview or stealing a stack of wooden pallets as part of a prank (both real-life examples from the California docket). Even as a decades-long state budget crisis set in, California’s prison funding remained sacrosanct. Lawmakers cut deeply into spending on parks, public schools, and California’s vaunted university system, but the Department of Corrections continued to grow. At the start of the 1980s, the state was spending just under 3 percent of its general funds on corrections. By 2010, that figure had more than tripled, to over 10 percent.

But the pendulum has begun swinging back ever so slightly toward rehabilitation in California and elsewhere, for financial reasons, if nothing else. The United States now spends $200 billion or so on criminal justice each year, even as the causes of the boom in spending have largely receded. Crack use has fallen precipitously—in no small part because the drug so quickly devours its heaviest users—and the terror of drive-by shootings, if not completely gone, is greatly diminished. The national youth homicide rate is now half what it was in the early 1990s. In November, Californians voted to modify the state’s three-strikes law, giving judges the power to release offenders deemed to pose no threat to public safety. In 2005, the state quietly renamed the Department of Corrections. It’s now the Department of Corrections and Rehabilitation.

Yet, Tony sits moldering in a prison cell, trapped in a kind of purgatory where the year is permanently 1991. If his 2012 parole hearing was an opportunity to consider the fate of a single inmate, it was also in a small way a referendum on policies that the state’s voters tacitly admitted were no longer tenable.

At the end of Drive-By, I offered my own prescription for Tony. He should be locked away through his twenties, I wrote, and released sometime in his early to mid-thirties. That struck me as about right for a second chance. Incarceration into his forties seemed excessive for a mistake—even a fatal one—made when he was 18.

By the time he appeared before the parole board in March 2012, Tony would have served nearly as long a sentence as that handed down to Anders Behring Breivik, the Norwegian white supremacist who killed 77 people—most of them teenagers—in 2011. When I spoke with him last spring, even Brian Thiem, the arresting officer, thought enough was enough. Tony’s crime was “an unfortunate accident based on the impulses and action of kids,” said Thiem, who has since retired from police work. “Twenty years for what he did? God, I say let him out.”

Even politics, for once, were working in Tony’s favor. In the spring of 2011, the U.S. Supreme Court declared that overcrowding inside the California prison system was so bad that it violated the Eighth Amendment ban on cruel and unusual punishment. To mitigate “needless suffering,” the Court, by a 5–4 majority, ordered California to release over 30,000 inmates by 2014—about one-fifth of its prison population. Tony, it appeared, had finally caught a break. He seemed precisely the kind of inmate the authorities should release, especially with the state billions of dollars in debt, yet spending $47,000 per inmate each year. For the first time since his incarceration, I felt excited about Tony’s prospects. It looked like 2012 could finally be his year.

Three

In 1916, the Chevrolet Motor Company built a factory in East Oakland, at the intersection of Foothill Boulevard and 73rd Avenue. It was the first major auto-manufacturing outpost on the West Coast, and it seemed to point the way to the city’s future as a prosperous industrial port. By 1971, when Tony was born in East Oakland, the neighborhood had become a solid enclave of the striving working class that grew up around the manufacturing industry. General Motors, Ford, Mack, Caterpillar, International Harvester, Del Monte, Carnation, and Gerber all had factories there. And then the factories left.

It was a West Coast variation of the story that played out across the Rust Belt in the 1970s and ’80s. Tens of thousands of workers lost their jobs, home prices started to plummet; those who could leave did, and those who couldn’t were left to deal with rising crime and deteriorating schools. The city was hollowing out: the banks fled on the heels of the factories, followed by chain stores and, ultimately, many small businesses. By the time Tony was a teenager, East Oakland felt like a community under siege. The final straw was the arrival of crack cocaine at the end of 1983.

Crack was a cheap high. For a “dove”—20 dollars—the novice crack user could buy enough rock to stay happy for a couple of hours. But it wasn’t the price so much as the way it was sold that made the crack trade so deadly. The sale of heroin, the city’s previous hard drug of choice, was dominated by a few kingpins, like Felix Mitchell, a legendary dealer who parlayed his East Oakland corners into a multimillion-dollar criminal empire in the 1970s and early ’80s. But crack was too new for organized crime. It was sold by bands of freelancing teenagers claiming corners scattered throughout East and West Oakland. “[It’s] like one day they just popped up through the cement,” said Sergeant Mike Beal, at the time the head of the Oakland Police Department’s drug task force. In the late ’80s and early ’90s, Beal recalled, his officers would shut down one corner crew only to see another start selling a block or two away.

The crack trade’s competitive and disorganized nature brought predictable results. Between 1986 and 1989, the national homicide rate among black kids age 14 to 17 doubled and kept rising into the early 1990s. There was a similar spike in the number of minors going away for murder. In some inner-city neighborhoods, in Oakland and elsewhere, it could properly have been called an epidemic.

In the popular culture, the West Coast’s wave of youth violence was associated with Los Angeles; it was Straight Outta Compton and Boyz N the Hood. But Oakland, not L.A., had the higher murder rate at the time—a statistic made all the more surreal by the fact that only a bridge separated Oakland from San Francisco, which, along with Silicon Valley, was on the verge of a tech-driven economic renaissance. The boom that remade large stretches of the Bay Area largely passed Oakland by, dashing the dreams of city leaders, who for years had spent most of the city’s antipoverty dollars trying to revitalize Oakland’s central business district. Instead of becoming a slightly less expensive version of its shimmering neighbor across the bay, Oakland was saddled with the highest murder rate of any city west of the Mississippi. And a stunning number of the perpetrators—and the victims—were teenagers.

I wanted to write a book that would put a face on these grim facts, and I set out to find a single case to document, one that involved both a shooter and a victim who were 18 or younger. I started looking at all the homicides in Oakland between 1990 and 1992 that met these criteria. When my initial search elicited an overwhelming 75-plus cases, I narrowed my parameters to those 16 or under. That still meant working through two dozen files and talking with a dozen or so cops, defense attorneys, and other players in the criminal justice system before I finally settled on the murder of Kevin Reed.

Reed’s case was ideal for a number of reasons. Everyone involved, from the Reeds to the arresting officer to the perpetrators and their families, was willing to talk with me. The murder had taken place in a part of East Oakland that cops and locals alike dubbed the “killing zone.” I wanted readers to wonder how they would fare raising their kids in a place like this, where the schools were terrible, crack and guns were ubiquitous, and children were dying in the street.

There was also the senselessness of the crime itself. In the shorthand of the media, Kevin Reed was a kid murdered over a bike. Alternatively, it could be said that the 13-year-old died tragically in a double case of mistaken identity.

The deadly chain of events began on Sunday, July 8, 1990, when Reed’s brother Shannon and his friend London Willard, both 14, saw a 16-year-old boy named John “Junebug” Jones pedal up to a convenience store on a borrowed bicycle. A tall kid with broomstick-thin arms and delicate features, Junebug exuded a moody vulnerability. Mistaking Junebug for a boy in the neighborhood who had threatened to beat them up earlier that week, Shannon and London jumped him on his way out of the store. Shannon punched Junebug in the face; London swung for his head with a steel pipe, hitting him on the forearm. For good measure they stole the bike, riding off and leaving Junebug to nurse his injured body and wounded pride.

On the corner, the other teens teased Junebug mercilessly—here was a supposedly tough street kid punked by a pair of 14-year-olds. Junebug would just as soon have shrugged the whole thing off; it wasn’t even his bike. But the damage to his reputation would’ve been irreparable—and on the corner, your reputation was everything.

Later the next night, Junebug and his friend Aaron Estill set out across the neighborhood in a boat-sized 1967 Chrysler Newport—which Aaron, all of 15 years old, had bought for $200 a few weeks earlier—looking for the bicycle thieves. They had been driving around only a few minutes when Junebug spotted London and a boy that Junebug took to be Shannon—in fact, it was Kevin Reed—standing below a streetlight a few doors from the Reed home, talking with some other kids. It was a little after 9 p.m. As the Newport idled down the street, Aaron asked, “What if they got a gun?”

That was when the boys went to go find Junebug’s friend Tony.

Four

Tony was two days old when the first person in his life gave up on him. It was his mother, Carol Davis, a 17-year-old heroin addict, who handed her newborn baby off to her mother, Vera, then disappeared.

Carol would resurface 11 years later to demand custody of Tony and his 8-year-old sister, Angela. She moved them into an apartment in San Antonio Village, at that time Oakland’s most notorious housing project. (Vera believed it was a scheme to qualify for welfare.) Angela didn’t last a month there before moving back into Vera’s apartment. Her mother, she later told me, was constantly high. For Tony, it wasn’t the drug paraphernalia lying around or the empty refrigerator or the lack of clean clothes in his drawer. It was the sound of his mother pleading for mercy as her boyfriend beat her. Eventually, the stories she was hearing proved too much for Vera, who filed the papers she needed to take legal custody of Carol’s kids.

I met Vera before I met Tony. In 1993, two years after the police had hauled her grandson away, she was living in the same small public-housing building where she had raised Tony. The apartment was only a 15-minute drive from the two-bedroom A-frame in the Oakland hills that I called home, but we might as well have lived in different cities. Dealers sold outside the family’s first-floor three-bedroom apartment. Chunks of plaster were missing from the ceiling, cracks were visible in the walls, and the floors were covered with linoleum that wouldn’t come clean no matter how hard anyone scrubbed it.

The day I visited, the place was chaotic. A television blared in the background, though no one was watching it. The phone rang constantly, and in the two hours I was there, so many people walked in and out that I couldn’t keep their names straight. There was no doubt that Vera, a stout woman whose face sagged into a permanent frown, ruled the roost. She had only to yell for a fresh pack of cigarettes and it would show up. Several generations called the apartment home; Tony was just one of many children, grandchildren, nieces, and nephews who had passed through over the decades.

“What was Tony like as a boy?” I asked.

“He was heavy,” Vera said.

I smiled. “No, I mean, what kind of child was he? Tell me about his personality.”

“I guess he just played, like other kids. I don’t know.” I asked about the impact on Tony of his mother’s and father’s absence. “He never said anything to me about it,” she said.

Vera was 21 and pregnant with her fourth child when her husband went away for murder. Even after he was out, he didn’t amount to much of a father. He and Vera would have another four kids before he walked away from the family. To make ends meet, Vera, who had dropped out of school at 15, worked a series of cleaning jobs—as a domestic in the homes of well-off white people, mopping up after-hours at a bar—before going to work as a custodian at a local nursing home. It was the last job she would ever have. By the time she was laid off in 1968, her blood pressure was so high that she qualified for a monthly disability check. The next year, she moved the family into the public-housing unit. She was not yet 40 years old.

When Carol gave birth to a third child, Vera thought about handing the kids over to the county. She went as far as setting up a home visit. But Vera’s youngest daughter, Paula, who was seven years older than Tony, threw a fit. After the caseworker left the apartment, Paula vowed to feed and bathe the kids and make sure they went to school, and Vera relented. Paula was still in high school, but more than once she took a call from a teacher looking to talk with Tony’s mother.

When he was in fifth grade, Tony was placed in a class for slow learners. He was barely 10 years old and the school system already seemed to be writing him off. Tony responded in kind. He was 13 when a woman next door set him and another kid up in the crack business. She supplied the rock, and they split the profits on whatever was sold. Paula caught wind of the scheme and shut it down a few weeks later, but she was not in a position to judge: She, too, had tried her hand at dealing, if only briefly. At least two of her brothers—Tony’s uncles, though they were more like siblings, since they shared a room and were only six and nine years older than he was—sold crack on the street, too. It had become the family business. By 16, Tony was Fat Tone, a corner boss running his own crew. Junebug was among its members.

The two boys had grown up in the same building, but they were near opposites. Where Tony struggled in the classroom, Junebug had always been a natural student. His mother, who worked nights on the clean-up crew at the local post office, had finagled a place for him at a top-tier middle school miles from his home, using a cousin’s address to enroll him. It seemed like the best way to keep him out of trouble. When they were caught in this scheme—it was Junebug, in fact, who confessed to it—Junebug was sent back to Castlemont High, a school with a dropout rate of about 50 percent.

Junebug had never gotten over his abandonment by the father he had been close to, and his obvious intelligence made him a target for the other boys. Tony—the embodiment of the bad influences Junebug’s mother wanted to shield her son from—had recruited Junebug into his crew and served as his protector and street guide. Junebug wasn’t nearly as tough or hard-shelled as his neighbor. “My little cousin”—that was the diminutive that Tony would use to describe him, though the boys weren’t related.

A few months before that night in July, however, Tony had betrayed Junebug. After the boys’ crew had roughed up an older man whose girlfriend caused them trouble, Tony told the police that Junebug had punched the man in the face—though in fact it was Tony who hit him. A cop played Junebug a tape of Tony’s statement, which would cost Junebug a month in juvenile hall.

The two were still on the outs when Junebug and Aaron came asking for Tony’s help. Tony had been drinking and smoking pot all day and was in no condition to help anyone. But he was eager to make amends. He put on his dark sunglasses—his “murder ones,” as they were known in the neighborhood—grabbed the .45 he kept under his bed, and slipped into the backseat of Aaron’s Newport.

Aaron and Junebug thought the gun was insurance in case the other kids were packing. Tony, however, was under the impression that he was supposed to fire off a few rounds and give the boys a scare. Aaron later swore that when he heard the gunshots, his first thought was that the kids on the corner were firing at them.

Kevin Reed and his friends were still hanging out under the streetlight where Aaron and Junebug had seen them. As Aaron drove past, Tony stuck the .45 out the window and squeezed off five shots. One of them bounced off the pavement and struck Kevin in the groin.

“I ain’t fit to kill nobody,” Tony remembers saying a couple blocks before they reached their destination. Maybe he wasn’t. But now he had.


Nine months passed before the police caught them. By that point, the three teenagers had driven themselves crazy with paranoia and recrimination. Tony was furious at Aaron for refusing to ditch the car. Aaron and Junebug couldn’t believe that Tony had been so clueless as to hide the gun rather than dumping it in the Oakland Estuary, a few miles from where they lived.

Tony was a wreck in the days after the murder, and his Aunt Paula had no trouble figuring out what he had done. Go to the police, she counseled him. Clear your conscience. “They’ll go easier on you,” she said. Instead, Tony promised God that if he got away with it, he’d never do another bad thing in his life.

Junebug, meanwhile, kept an article about Kevin’s murder in his dresser drawer. He had been devastated ever since he saw the photo on the front page of the Oakland Tribune, showing a boy who wasn’t even the kid they’d set out to scare, let alone intended to kill. He would be at a Bible study class the first time Brian Thiem came looking for him.

The cops tracked down Aaron because of the car. Aaron fingered Tony as the gunman and put Junebug in the car with him that night. Junebug corroborated Aaron’s story, and Tony ended up confessing. When he was allowed his one phone call, he called Vera’s house. For all his experience on the street, he was apparently unaware that the call was recorded and that Thiem was listening to everything he was saying.

Five

Twenty years later, I still remember the excitement of those first few months after I made contact with Tony and Junebug. My first wife and I couldn’t have children, and at the time I was throwing my paternal energies into serving as a kind of super-uncle to the children of my siblings and close friends. I didn’t need a shrink to tell me that I was regarding Tony and Junebug—both effectively fatherless—as surrogate kids. “The boys,” we sometimes called them, my wife and I. Each day, I found myself eagerly checking the mail.

There weren’t even surface similarities between my life and Tony’s and Junebug’s. I had grown up comfortably middle class on Long Island, in an intact and stable family. Diversity in my school district was the occasional Irish or Greek kid thrown in among the Jews and Italians. The worst trouble I got into as a teenager was getting busted outside the Nassau Coliseum for scalping Elton John tickets. And yet it was easy for me to put myself in the corner boys’ shoes—to see how, in similar circumstances, I might easily have made similarly disastrous choices.

In his 1995 memoir Fist Stick Knife Gun, the educator Geoffrey Canada makes the point that the preponderance of guns in inner-city neighborhoods transforms the dumb things that all teenage boys do into life-altering tragedies. Looking at the mundane series of decisions that had led to Kevin Reed’s murder, it was painfully clear to me how true this was—how their actions differed from those of countless more privileged teenagers only in their terrible stakes. I grew up in a striving suburb, not an inner-city community. My older brother and a friend took bets on pro football games in high school, and that friend’s younger brother, Vinnie, and I got into the business as well. The thousands of dollars we made each football season was nice, but the real payoff was walking the halls at school and feeling like someone. What if the cooler, older kids in my neighborhood had been selling crack instead?

If someone had told me at the time that I’d have a close relationship with a character I had written about in Drive-By, I would have assumed it would be Junebug. He was the reason I chose the case I did—him and his mother. I saw something of my younger self in Junebug: the sensitive kid, easily bruised, who hungered for nothing so much as to fit in. In his letters, Junebug revealed a real talent for words, and I made sure to let him know that he was a far better writer than I was at that age.

There was an intimacy to our correspondence, and his letters revealed a sharp and probing mind. “I feel compelled … to contribute to your work,” he wrote in the first of them, “for moral reasons and also for my sense of ‘guilt.’” He saw his story both as part of a tragedy that reached far beyond him and as a cautionary tale. “I have realized that no power on earth can bring that young man back,” he wrote, “but at least I can provide assistance for others to somehow curb what’s happening nationwide.” Sometimes his letters would run over a dozen pages, full of agonizing reflection.

Letters from Tony, by contrast, rarely exceeded a page of slanted, hurried handwriting. They were notes, really, and consisted mostly of complaints about his family. In the first one, he told me he’d be happy to help with my project—then hit me up for $40. A letter from Junebug was ripped open before I had reached the top of the driveway. One from Tony might sit for a few hours, if not a day or two, before I actually read it.

My impression of Tony changed when finally I got a chance to speak with him over the phone a couple of months after our correspondence began. He had a man’s voice by then, full but surprisingly gentle. He sounded more thoughtful than I expected. He also proved more forthcoming about his story than he had been in his letters. Like Junebug, he told me he was eager to talk, that maybe others could learn from his mistakes.

Back then it was hard for me to keep an open mind about Tony. I’d also been spending time with Annette Reed, Kevin’s mother, and others in her family. Annette’s marriage fell apart shortly after the murder. Soon she had also lost her job, and with it the family home. In 1993, her second-youngest son, Shannon—the boy who Junebug was looking for on the night Tony took Kevin’s life—died of a self-inflicted gunshot wound while playing Russian roulette. There was also Junebug and his family to consider, as well as Aaron and his: Both young men would be locked up for years because of what Tony had done.

But even those who had watched Tony pass through the system on his way to prison had detected something different about him. The perpetrators and victims of drive-by shootings were always brought together by a sadly random logic, but even by those standards, the 250-pound boy with the flat-top seemed out of place. Brian Thiem was struck by his docility at the time of the arrest. Shortly after his confession, Tony met with a county probation officer, who tacked this onto the end of the report she filed with the court: “We want to add that this case seems particularly tragic and that this defendant appears, by hindsight, to truly understand his mistakes and poor judgment.” It was doubtful, she continued, that it would take even 10 years to rehabilitate Tony.

The public defender assigned to Tony’s case, Al Hymer, told a similar tale. Hymer was a 30-year veteran of the department who had handled hundreds of murders by the time Tony’s file crossed his desk. But Tony stood out, Hymer told me, from their very first meeting in the county lockup. He only wanted to talk about the terrible thing he had done and not what Hymer could do to lessen his punishment.

Hymer wanted to challenge the admissibility of the confession based on two things Tony had told him. First, Thiem had ignored his request for a lawyer, which was an obvious violation of his Miranda rights. Second, Thiem had dangled the death penalty over Tony’s head during his initial questioning, which was also forbidden, since the case wouldn’t have qualified for capital punishment. (Thiem denied both claims at the time.) But Tony told Hymer not to bother. There would be no trial. Tony accepted the DA’s offer of 18 to life—15 for the murder and another three for using a gun in the commission of a crime—even though it meant that he might very well spend the rest of his life in jail.

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Calipatria State Prison (Photo: California Department of Corrections and Rehabilitation)

Six

Tony was officially received into the California Department of Corrections on June 22, 1992. His first stop was the reception center at San Quentin, where prison officials calculated the placement score that would determine where he would be housed. An inmate scoring between 18 and 27, for instance, is dispatched to a minimum-security prison with open dormitories; a score of 52 or higher lands you in a maximum security, Level IV prison. Scores are based on a variety of factors, including the nature of the crime committed, prior record, age, and history of gang involvement. Tony had no prior record and never belonged to a proper gang—his corner crew didn’t count. But he had pled guilty to second-degree murder. That alone pretty much guaranteed that he’d start serving his sentence in a Level IV facility. Two months after arriving at San Quentin, he was assigned a spot inside Folsom State Prison, a 19th-century stone penitentiary two hours from Oakland made famous years ago by a Johnny Cash song.

California was then in the midst of an unprecedented surge in prison construction. The boom reflected a national trend—the U.S. prison population has increased sevenfold since the 1970s, according to a study by the Pew Charitable Trusts—but in California it took on an extraordinary scale. Starting in the mid-1980s, the state would build more than one new penitentiary a year for 20 years—the only way to keep up with the public appetite for ever harsher sentencing policies. As new prisons came on line, Folsom was downgraded to medium-security status, and Tony, 11 months after arriving there, was transferred, along with hundreds of other inmates, to Calipatria State Prison. The new facility, opened the previous year, seemed the very embodiment of the law-and-order era. It was hailed as the first prison in the United States to employ an electrified fence that kills on contact. Worse for Tony was the location, in the desert between Death Valley and the Mexican border. He was now a nine-hour drive from Oakland, practically guaranteeing that no one in his family would visit him there. The only thing he had to look forward to was the possibility of parole, right after his 30th birthday.

Visiting days were Saturday and Sunday. The visitor’s room at Calipatria opened at 8:45 a.m., but the prison’s public information officer suggested that I arrive much earlier. When I pulled up to the prison gates for the first time, at 4:30 a.m. on a Saturday morning in September 1993, I saw what he meant—45 people were already lined up ahead of me. I didn’t see Tony until nearly 11 a.m.; visiting hours ended promptly at 2:45 p.m. I would set the alarm even earlier for Sunday.

Tony had lost something like 50 pounds in the two and a half years since he had been locked up. His eyes looked forlorn behind his government-issue steel-framed glasses, and when he sat, his whole body slumped forward, as if it were caving in. Around us, couples and families ate microwaved meals and sugary treats from the vending machines that lined one wall of the room, but when I offered to buy him something, Tony refused.

Tony was miserable at Calipatria, and it was no wonder. The prison was built to house 2,000 inmates, but within a year of opening it was home to nearly twice that number. At least half of the prisoners were there for murder. Calipatria was new enough that hierarchies among the prisoners were still in flux and turf had yet to be claimed. Gangs warred incessantly, putting the facility into a constant state of lockdown. On a full lockdown, Tony and his cell mate were locked in their cell 24 hours a day. There was no yard time, and meals were served in the cell. An inmate would get a chance to bathe every few days, but he was escorted to and from the showers in handcuffs. And when Calipatria was off lockdown? Yard time was its own kind of hell in a region where daytime temperatures top 110 degrees. There was also the stench of the place. The area’s main industry was livestock, and the air was permanently redolent with the waste of thousands of cows cooking in the sun.

Finally face-to-face with Tony, I tried to be all business. We didn’t have much time, and there was a lot to cover, from his family to his life as a crack dealer to the murder and his life behind bars. But as he talked about prison life, I found myself distracted, imagining the primal fear that I would have—that anyone I knew would have—if I were locked away inside a maximum-security penitentiary thick with psychopaths, sociopaths, and sexual predators. “I’d be eaten alive in here,” I told him.

Tony took it in stride; he told me he feared the guards more than his fellow inmates. He coached me on surviving Calipatria. “See, you’s cool like that guy over there,” he said, cocking his chin toward a white man a few tables over who looked to be about my age and more or less my size. He didn’t run with a gang, Tony explained. He minded his own business. The key was that he didn’t look or act scared. My fast mouth would help me, Tony offered, but when words failed, you needed to be willing to use your fists—and risk a beat down to avoid a worse fate. “You have to carry yourself in a way that you know you’ll get respect and demand respect,” he said. If you don’t forcefully confront a problem right away, he explained, you’ve revealed yourself to be weak.

By way of example, Tony told me about a fight he had gotten into in the showers shortly after he had arrived at Calipatria. Another inmate cut in front of Tony while he was waiting in line. He could have shrugged it off—it wasn’t like he was pressed for time—but he confronted him. “And what’s a broke-ass n***** like you going to do ’bout it?” the man replied.

Tony didn’t hesitate. “I hauled off and hit that dude as hard I could, right in the face,” he told me. He did it even though he knew it would mean time in the hole—the Special Housing Unit, or prison within prison—and would single him out as a potential troublemaker. But after listening to Tony talk about prison all weekend, I didn’t doubt that it was the right thing to do. Tony offered the story as a kind of survival tip for my hypothetical incarceration, but I eventually took it to heart as a lesson for getting by on the outside, too, one that I dubbed the Fat Tone Rule of Life: Better to confront a small bit of unpleasantness before it escalates into something trickier.

Tony and I kept talking after I returned from Calipatria. He’d call collect, I’d turn on the recorder, and he’d tell me about himself and his life. By the end of 1994, we had exchanged a dozen letters and hundreds of dollars’ worth of collect calls, and I had finished researching and writing Drive-By. My official business with Tony was nearly over. But I’ll confess, I wasn’t surprised by the letter I received months before our working relationship came to an end. “Gary,” he had written, “i hope that when you get done writing the Book we can still be friends, thats if you want to.”

Seven

Our friendship advanced one phone conversation at a time. Listening back to the early tapes, I hear myself still playing reporter. Tony tells me he’s started a journal. Use your journal to chronicle prison life, I suggest. It’s an idea aimed more at helping me with the prison-related book I was thinking about writing at the time than at helping a young man struggling to process his feelings.

I hadn’t sanitized Tony in Drive-By. He had been a violent thug and betrayed those close to him on more than one occasion, snitching on Junebug to the police for a crime he himself had committed and robbing the older kid who had taught him the ropes of the crack trade. While fact-checking Drive-By prior to publication, I shared with Tony—as I did with the book’s other principals—the parts of the manuscript dealing with his life, so my depiction of him was not a shock when he read the completed book. But I was surprised by how deeply the rest of the story affected him.

For Tony, reading about the impact of the shooting on the Reed family meant taking a fuller responsibility for the murder. He dropped the “yes, but” attitude that allowed him to share blame with others. (Hadn’t Junebug also messed up? Why had the ambulance taken so long to arrive on the scene?) Once, after referring to the “incident” that landed him in jail, Tony immediately corrected himself. “The night I killed that young man,” he said more carefully. “It wasn’t an incident. I killed a boy. I know that. Kevin Reed. I’m not going to try and hide it by calling it an ‘incident,’ because it was a murder, and someone—Kevin—lost his life.”

I didn’t stay on the youth-violence beat long after the publication of Drive-By. When people asked me why, I told them that I had said all that I had to say on the topic. But truth be told, money played a big role as well. It was the dawn of the Internet era, and I was living in the Bay Area. I hadn’t done a stitch of business or technology writing in my life, but I had done some computer programming in college, and I figured that someone with my background should be able to understand what was going on in Silicon Valley. At 36, I could no longer afford to write about subjects simply because I cared deeply about them. And I had to face the fact that I could no longer justify the time spent on the phone with Tony as research. I was doing it for myself.

I was also doing it, I suppose, for Tony. By this point, his connections to the world beyond Calipatria had been winnowed away to little more than our regular phone calls. He had always felt close to his sister Angela, but she was struggling financially, enough that she could no longer afford the $15 or $30 charge that showed up on the phone bill when she received one of his calls. Soon she put a block on her phone, as did other members of his family. Even Paula seemed to fade from his life after she married and moved to Hawaii.

Aside from me, his only visitor at Calipatria was a volunteer tutor who Tony had met in the county lockup while he was awaiting disposition of his case. But within a few years, Tony was complaining to me that she, too, was giving up on him. “I barely hear from her anymore,” he wrote in one letter. “No matter what I go through in this place or my life,” he went on, “no one seems to understand or cares about my pain.” Around this time, he was diagnosed with depression by a prison doctor after complaining about anxiety attacks and insomnia.

There was an element of voyeurism to my side of our relationship. Prison gangs, race relations behind bars, the routine of life inside a Level IV prison: It was endlessly fascinating to me. At the same time, I was well aware of the possibility that I was a patsy being played by the con who knew the right buttons to push. It was true, after all, that I was not the only one who had profited from our relationship. Once, Tony told me he was in a bind because he had borrowed another inmate’s television to watch a basketball game, and his cellmate had stepped on the cord, sending the TV crashing to the ground. I bought a replacement. On another occasion, I bought him a pair of basketball shoes so he could compete in the tournaments they held in his cellblock.

But that was it for big-ticket items. In truth, I was shocked Tony didn’t ask me for more. I got in the habit of sending him an annual care package, and I’d send him the occasional book I thought he’d like, but those were rituals I began without being asked. He would hit me up for $18 here and $40 there—for postage stamps, paper and pens, the latest 2Pac tape —but never more than once or twice a year.

On one occasion, in 1997, he wrote me asking for money to buy a few toiletries. (The authorities issued soap and tooth powder to the inmates but no deodorant or shampoo.) The only thing I resented about writing that check was the 22 percent tax the authorities skimmed off the top for a statewide victims’ fund, which seemed to be more about expanding the prison bureaucracy than helping the families of people like Kevin Reed. Reading Tony’s letter again now, I immediately recognize a plaintive repetition that was common in his correspondence:

Gary I’m almost all out of cosmetics soap, deodorant, toothpast and if you can please can you send me a money order please so I can go to the store and get some more cosmetics Im relly out just enough to last about a week Gary whatever you can send I would be greatful I relly need to get some more cosmetics Please let me know if you can do that for me. Please I’m just trying to get some deodorant, soap and toothpast Gary pleae if you can do that for me. Let me know. Also tell your wife I said Happy New Year.


In 1996, after nearly four years at Calipatria, Tony was transferred to Salinas Valley State Prison—better known as Soledad, after the city on the Monterey Peninsula where it is located. At first it seemed to be a big improvement: He was only two hours from home, and the climate was far less brutal. But his family still didn’t visit, and Soledad was still a maximum-security facility, populated by some of the state’s most violent offenders. It was also another prison in the midst of a turf war between the sureños and the norteños. There’d be a stabbing, the entire facility would go on lockdown, and the other side would retaliate as soon as the lockdown was lifted. The gangs left the noncombatants alone, but the feud meant that the entire inmate population was confined to their cells for months at a stretch. In time, Tony would come to hate Soledad more than Calipatria.

Tony told me that he wasn’t worried about his physical safety, and I believed him. He had always been big, and in prison he had replaced fat with muscle, using free weights until they were banned by the authorities and thereafter maintaining a regimen of push-ups, chin-ups, and the like. What worried me more was the possibility that he might simply give up. He was surrounded by lifers who had abandoned all hope of winning parole in law-and-order California.

Winning parole meant proving to the board that you were working hard and committed to improving yourself. The commissioners want an inmate to have earned his GED and picked up at least a couple of trades. They want to see a work history. But given how rarely the board was granting parole at the time to those with a life tail on their sentences, plenty of Tony’s fellow inmates asked why he bothered. You might as well do nothing with your days, his cellmate—an Oakland man doing 25 to life—would say, because filling them to impress a parole board was futile.

“He was always playing with my head ’bout none of us there on a murder beef ever getting paroled,” Tony complained to me at the time. He requested a switch and moved in with another inmate who was also serving time for murder. His new cellmate worked a job and faithfully attended church services. Less than six months later, the man ended up in a prison infirmary after slitting his wrists.

At times, Tony’s first cellmate seemed to have a point: Why bother? The odds of his actually getting paroled were woefully slim. Of the roughly 6,000 lifers appearing before the parole board in California each year, just 6 percent are granted parole. Since 1988, the state has had the power to overturn the parole board’s decisions, which has shrunk that figure to less than 1 percent; there is no political upside in freeing a convicted murderer. Governor Arnold Schwarzenegger reversed about 75 percent of the paroles granted during his two terms. Gray Davis, his predecessor, reversed 99 percent.

The realities of prison, meanwhile, made it all but impossible for Tony to pursue the self-improvements the parole board wanted to see. Between lockdowns and teacher turnover, his GED classes were canceled for eight of the first twelve months he was at Calipatria. Soledad was more of the same: classes suspended due to warring between rival gangs, teachers who would resign and not be replaced for months. “My soul is dead,” Tony wrote to me in 1998, after one long stretch of lockdowns. What was the use of trying, he wanted to know, when no one cared about him anyway? “I been curse since birth … I’m in hell Gary I relly am.”

Still, Tony stuck with his GED classes. He started reading more, asking me to send him a dictionary and a book by Will Durant called The Pleasures of Philosophy. He learned to play chess. Approaching 30, Tony was growing interested in a world beyond his cellblock and his disappointments with his family. He was also sounding like someone gaining some perspective on life. Locked inside a cell, sometimes for weeks at a time, he was having insights that reminded me of the late-night debates my friends and I had in college. He realized, for instance, that even when he was on the streets, he wasn’t really free; he was imprisoned by the low expectations of his family and culture. “My mission in life is to get out of prison,” he wrote to me shortly after his 30th birthday. “I will say this over and over again. This place is not for me.”

Eight

In 1999, my first marriage ended. It was the child we couldn’t have, it was money, it was the festering resentments born of our two-career household, it was who knows what. Moving out began a nomadic period in my life. The Internet magazine where I was working went out of business in 2001, and after bouncing around the country for a few months I ended up back on the East Coast. Then it was off to Silicon Valley, followed by New Orleans after Hurricane Katrina, and finally, in 2006, New York again. It would have been easy to lose touch with Tony while I was pinballing around the country, and at one point I went several months before letting him know where I’d landed. But I missed hearing his voice, I missed our talks. I kept updating him on my new coordinates, and he kept calling.

There wasn’t a single moment when the sad-sack Fat Tone was replaced by the upbeat new Tony, only a series of steps forward and backward. A letter from March 2003 starts with a self-directed pep talk: “Staying positive, keeping hope alive, reading and doing some writing and just trying to keep my mind stress free in a stressful place.” It’s midnight, he tells me; his cellmate is sleeping, and the cellblock is blessedly quiet. “I like it like this,” he writes. “I can relly think about my life.”

But then there were letters like the one he wrote to me two years later, in the summer 2005. “Basicly, I’m just waiting to”—he blotted out the next word and then added, “I relly don’t even look forward to going to the [parole] board.” Tony declared 2005—the year he turned 34—to be the worst of his life, and 2006 wasn’t looking much better. “To relly be honest,” he wrote that April, “I wish at times they would have kill me instead of leting me go through this misery.”

Fate—or at least some midlevel Department of Corrections bureaucrat—intervened in the nick of time. Every year, the California Department of Corrections recalculates an inmate’s classification score to see if he or she can be moved to a lower-security—and therefore less-costly—facility. An inmate’s record of prison rule violations, employment, classroom attendance, and age are among the factors the authorities take into account. One month after Tony penned that last letter, his classification score was recalculated, and the number fell enough that he was qualified to be transferred to Solano, a medium-security prison just outside San Francisco in Vacaville, California.

Solano proved a welcome respite from the gladiator schools that had previously housed him. Yard time lasted most of the day rather than three hours of it, and inmates had to report to their cells for a headcount just once between 7:45 a.m. (when the cellblock was unlocked) and 9 p.m. (when it was locked down again for the night), rather than regularly throughout the day. And the differences extended beyond small freedoms.

At the state’s maximum-security facilities, itchy-fingered guards armed with assault rifles stand on parapets above the prison yard, ready to shoot at the first hint of trouble. It’s amazing to watch, an official at Calipatria once told me during a tour of the facility. “A warning shot is fired and like that, boom, every inmate hits the dirt,” he said. “I mean, 500 inmates one second are standing, and then the next moment every one of them is lying face down on the ground.” (Tony’s greatest fear, he used to tell me, was getting struck by a guard’s errant bullet—a grimly poetic concern given the circumstances of Kevin Reed’s murder.) Correctional officers armed with rifles still stood guard at Solano, but only around the perimeter of the facility. They were there to prevent escapes, not maintain order. Now Tony’s greatest complaint was the gossipy nature of the yard. It was “like one big fish bowl,” he told me, where “everybody knows everybody[’s] business.”

But a prison, of course, is still a prison. A day served inside Solano might be less awful than one spent locked away inside Calipatria or Soledad, but there was still the abyss of time stretching into the future. Friends were still a relative concept, the meals still bad and hurried enough that Tony felt full, he told me, only on the big holidays, when treats were served: roast turkey and stuffing on Thanksgiving and Christmas, apple pie on the Fourth of July. And then there were the guards, who Tony always referred to as the police, as if there is no distinction to be drawn between those who busted him on the outside and those watching over him on the inside. “The po-lease here, there’s no other way to put it: they’re bullies,” he told me. “They bully you every day. They treat you like an animal.”

Tony’s new cell measured nine feet by twelve feet—the same as at Soledad and Calipatria. He and his cellmate shared a toilet and small steel sink, though each had his own small steel desk, with a fixed metal stool, and a few cubbyholes to stow their scant belongings. Lockdowns, if not as relentless as they had been at the maximum-security prisons, were still regular occurrences—so much so that they would thwart my last several attempts to see him when I was in the Bay Area.

Still, the move to a medium-security prison was undeniably a step in the right direction. Tony enrolled in an intensive psychotherapy regimen and a 12-step program. He grew more serious about religion and started sharing his epiphanies with me, like the realization that his childhood had been almost completely devoid of positive role models. “All my life, I was patted on the back for doing the wrong thing,” he told me. He finally earned his GED in August 2008, at the age of 36; several years later, he was only a few credits shy of an associate’s degree.

But even in Solano, a facility where most inmates would eventually be released, rehabilitation could seem like a peripheral concern. And if Tony needed a reminder of how precarious the path back to society was, he got one in 2007. He broke the bad news to me that September: Junebug was behind bars again.

Unlike Tony, Junebug didn’t need to impress a parole board to win his freedom. A 16-year-old at the time of his conviction, he was a ward of the California Youth Authority and sure to be released before he turned 25. But he managed to impress just the same. He and I also kept in touch during his eight-year sentence, primarily through letters, and he kept me posted on his progress. A paper he wrote about Plessy v. Ferguson, the Supreme Court decision upholding the doctrine of separate but equal, earned him an A-plus in his English literature course, as did an essay he wrote on the meaning of Hamlet. Always smart, he was now taking his studies seriously. I made sure to call him John when I dropped him a letter and on those rare occasions we spoke, as a way of distinguishing between the immature kid he had once been and the man he was growing into.

After Junebug was released in 1999, Tony periodically passed along updates about how he was doing. At first the news was all good: Junebug enrolled in an aviation repair school, earned his mechanic’s license, and got a job in Seattle in 2005. He was making good money, he had a girlfriend, he was the father of first one son and then another. But then in 2007, Junebug was found guilty of second-degree assault for hitting his girlfriend. Because of his prior murder conviction, and because the domestic assault had taken place in front of a minor, he was hit with a 10-year sentence. A lawyer with the Washington Appellate Project, a Seattle nonprofit representing indigent defendants, would later challenge the sentence as unduly harsh. But as it was, Junebug stood to spend a good chunk of his thirties, and perhaps some of his forties, in a Washington state prison.

Nine

Do you talk about your love life when the person on the other end of the phone is trapped indefinitely in prison? Was it cruel even to broach the subject? I knew Tony, in spite of his circumstances, was looking for a girlfriend—he had even enlisted my help once. Two weeks after he was transferred from Calipatria to Soledad, in the summer 1996, he began a letter by noting that it was good to be breathing Northern California air again, and then he got right to the point. He was interested in finding a female pen pal, how would I feel about putting an ad in the paper on his behalf? “I’m a good person and I have a good heart,” he wrote. “I’m sincere and I have a lot of confidence in myself and on top of that I’m lonely.”

Still, the subject came up rarely—I avoided talking about it if Tony didn’t bring it up himself—and I was shocked when he told me in 2011 that he had gotten engaged. “The greatest love story ever told,” he called it, jokingly.

Tony had been at Solano only a couple of years when a fellow inmate named Thomas told him about Candace Mitchell. You’d really like her, said Thomas, who had known Candace since both of them were kids. She had been a real party girl back in the day, he told Tony, but she had found God and settled down, and now lived just a few miles from the prison. Thomas was so convinced that she and Tony would like one another that one day in 2008, when he was on the phone with Candace and Tony happened by, he handed him the receiver.

Candace was three years younger than Tony. She had three daughters and ran a day care center out of her home. The two immediately hit it off. Tony made Candace laugh, but more importantly, she later told me, “I sensed right away that he had a good heart.”

But for Candace, at least, at first their conversations were more about Christian fellowship than courtship. Candace was seeing another inmate at Solano at the time, and another woman named Kim was coming to see Tony regularly in the prison visitor’s room. Still, Candace was always happy to take one of his calls. “I have a passion for the ones locked up,” she told me. “To let them know they’re not forgotten.” But the relationship was hardly one-way, Candace stressed. “He always gave good advice,” she said. “He stayed on my mind.”

One day, Candace told Tony that she had been praying over him the night before and had a vision of him crying in his cell. The comment stopped Tony cold. “He says to me, ‘How did you know?’” Candace recalled. The sense of the bond they shared would help Tony survive the next couple of years, which proved to be difficult ones.

In 2010, a prison guard caught Tony talking on a cell phone inside his cell. “I was brazen,” Tony later told me. “I wasn’t being smart.” There are good and obvious reasons why inmates aren’t allowed to have phones inside prison. But for Tony, the logic for having a phone was just as inexorable. Collect calls from prison—the only allowed means he had of reaching the outside world—ran upwards of $10 for 15 minutes, more than most of his family members were able or willing to pay. The cell phone allowed him access to his family in a way he had not experienced since he was a teenager. It helped him get back in touch with his mother, his Aunt Paula, and even his father, with whom he had not spoken since he was around 15. Tony spoke to him only a few times from prison before he passed away later that year. But in those conversations, his father apologized for not being in his life, and Tony forgave him for everything. As Tony told him, “How can I not forgive you when I want forgiveness myself?”

But Tony had gotten careless, and now he had another serious violation on his record. When he told me about his write-up for the cell phone, my heart sank. I was, in a small way, complicit in this crime. I knew about the phone. It had made our conversations much easier. When he was caught, I had to admit that I had turned off the critical part of my brain that would have asked the obvious question: How in the world was Tony able to pay for a cell phone all those months when he had no money?

The answer was more bad news. Tony, it emerged, was busted not only for the cell phone, but also for drug possession. It was a fact he kept from me at the time; I only discovered that it had happened several years later. He wasn’t using, he insisted, or even selling. He was renting out his cell as a kind of safe house, stashing extra product for a dealer he knew. His punishment was 12 months in the hole. More critically, he would now need to explain two fresh violations—one for involvement in the prison’s drug underground—to the parole board.


In the California prison system, a write-up for a serious rule violation is known as a “115,” after the number of the form used to document infractions. 115s influence an inmate’s placement score more than any other factor—and, of course, the total number of 115s on an inmate’s record looms large when appearing in front of a parole board. Although they are considered universally serious in the eyes of the authorities, practically speaking, 115s span a spectrum from genuinely serious to the prison equivalent of a speeding ticket.

Among the latter was the 115 Tony received less than a year after arriving in prison, when he was caught with a jar of pruno—prison wine made from anything that can be fermented, from apples to bread to canned fruit cocktail—in his cell. It was a clear-cut, if relatively minor, transgression. Other 115s, however, suggested the impossible bind confronting inmates trying to follow both the official prison rules and the unofficial code that determines survival in the brutal gauntlet of a correctional facility.

The 115 that Tony received for punching the inmate in the shower shortly after arriving at Calipatria was a case in point. At first glance, it seemed like a stupid and reckless act, a write-up incurred for no good reason. But Tony knew that if he didn’t respond to the challenge, the next one would be more serious than an argument in the shower line—even if he knew that the parole board would be less than sympathetic to that logic.

Tony had told me about other 115s in his file. The one he said he had received in June of 2000, also for fighting, seemed the most serious. Tony claimed that the day after trying to break up a fight between a friend and several others inmates, he was jumped by three men who blamed him for the incident. One of them ended up in the hospital with a fractured back, earning Tony a write-up for battery. That meant a fresh 115 for a serious crime, only a couple years before his first parole board hearing in October 2002, in anticipation of a possible release in 2003.

That hearing had not gone well. In his own estimation, Tony came off sounding defensive, argumentative, and confused. Waiting 12 years to finally have his say, it seemed, had left him unable to say much of anything at all. Later, he’d downplay the importance of the hearing, saying he never stood a chance the first time anyway.

Tony’s second appearance before the parole board was scheduled for 2005, during the bad stretch near the end of his time at Soledad, when he seemed on the verge of suicide. I later learned that Tony himself chose to delay that hearing until early 2007, and then, according to a spokesman for the Department of Corrections, took what was known as a three-year stipulation: He basically conceded that he wasn’t ready for parole, agreeing that he should spend at least another three years behind bars.

He would do the same in 2010, when he took a two-year stipulation. From our phone calls—and maybe a little bit of hopeful thinking—I had the distinct impression that each appearance before the parole board represented another step in a steady climb toward release. But the truth was that, technically, Tony hadn’t appeared in front of the parole board in 10 years. “The thing is,” he would eventually tell me, “when I went to the board all those other times, I knew I was doing wrong. I was doing dirty.” The difference in 2012, he said, was that now he had Candace.

Tony and Candace started getting more serious once Tony was released back into the general population after his time in the hole. She saw something good in him, she told me, “but I knew I was going to have to pull it out.” Tony started attending chapel services inside the prison, and, maybe more important to Candace, he cut out people from his life whom she was able to convince him were bad influences. “I told him he had to learn certain people he was with were doing him no good,” she said. “They kept him doing the same patterns.”

They would talk whenever Tony could get to a phone, praying and reading the Bible together. She would start visiting, she told him, only once she felt certain that there’d be no more backsliding. “I asked him, ‘Tony, where are you at with God?’ Because I needed to know. I needed to know he was planted.” There were her three daughters to consider and also her job. Break rules on the inside, she counseled Tony, and it’s easy to get in the habit of breaking them on the outside. There would be no more cell phones, no more hiding drugs, no more small infractions, even, as long as she was in the picture.

Candace started visiting Tony in 2010. Tony’s punishment for the drugs and cell phone included a three-year ban on contact visits, so that meant that while he and Candace could spend a few hours talking, they couldn’t touch each other. They sat on either side of a thick sheet of plexiglass, connected only by a set of phone handsets. Tony was still forbidden from contact visits when the two were married in November 2011—“married behind the glass,” as Candace described it. The couple exchanged vows with the bride and minister standing together talking on one phone and Tony talking on another.

When Candace sent me photos of the two sitting happily together in the visitors’ room shortly after the contact-visit ban was lifted, I realized that it was the first time I’d ever seen Tony smiling in a picture. When I mentioned it to him, he explained, “I don’t want no little kid seeing my picture, my niece or my nephew, and think it’s cool to be in prison.”

Ten

Five months after his wedding, Tony was finally ready to face the parole board. His hearing took place on the morning of March 16, 2012, in an administrative building on the prison grounds. The board consisted of two officials chosen from a stable of roving commissioners who bounce from prison to prison across California. The people of Alameda County, which includes Oakland, had their representative, a deputy district attorney named Jill Klinge. Tony had his representative as well, a state-provided defense lawyer. And then there was Tony himself, his head shaved, dressed in his prison blues and wearing his prison-issue steel-framed glasses. This time he didn’t feel that fluttery feeling in his stomach like in the past, he later told me. It had been over a year since his last 115. He was a reformed sinner with a clean conscience.

Though I wasn’t physically present for the hearing, I did make a brief appearance. I had written a letter on Tony’s behalf—the first time I had chosen to do so. For me the letter represented my final transition from journalistic observer to friend. I was no longer just a sympathetic ear for someone who had committed a horrible act and felt deeply repentant about it. I was now telling the California parole board that Tony was a kind and decent man and deserved a second chance.

“I’ve observed him work hard to improve and grow over the years—through books, through the church, through the various courses and programs offered within the penitentiary system, all driven by a strong sense of determination that a single terrible act would not define the remainder of his life,” I wrote. “I’m confident declaring him a good man, wise and kind—a man with a good head on his shoulders who very much would strive to become a productive member of society if ever he were given a second chance.”

There’s a this-is-your-life aspect to a parole hearing. Aside from Tony’s crime and what the presiding commissioner—a former rural county sheriff—called Tony’s “institutional behavior,” much of the early part of the hearing focused on Tony’s childhood. The commissioners asked him about his father and mother. Tony told them the story of his mother, how she was a junkie who would disappear from his life for years at a time when he was young. She was still using, he said. But Tony knew these questions were a test. “I always say that even though I came from the background I came from,” he told the commissioners, “I’m not a victim of all that.”

“No,” the former sheriff, Mike Prizmich, said.

“I’m a victim of just the bad choices that I always made,” Tony went on. “There’s a lot of people that was in worst situations than me that worked and worked hard and got out and did productive things.”

“Yeah, I know.”

“So I can’t use that as an excuse.”

“No. And I’m glad you can’t,” Prizmich replied, “Because it’s a flimsy one.”

The interview shifted to Tony’s life behind bars. Prizmich asked what he learned about himself participating in a 26-week psychotherapy program inside Vacaville. Tony’s answer was crisp. “What I gained from that is that my mental map was faulty, that I had self-esteem issues,” he said. “I also took shortcuts in life.” Prizmich’s deputy commissioner, Kenneth Cater, upbraided Tony for his “erratic” involvement in Alcoholics Anonymous and Narcotics Anonymous meetings and said he was disappointed to see so little vocational training on Tony’s record. What about a plumbing course or one in welding?

I knew that neither of these was Tony’s fault. Solano boasts of its substance-abuse program on its website but doesn’t mention that it discontinued its AA and NA programs years ago due to lack of staffing; Tony had enrolled in both, but they shut down two years later. (The sessions have since been partially restored, but Tony’s name still sits on the waiting list.) The same website touts the prison’s wide offering of vocational programs, from carpentry to plumbing to fiber optics, but Tony’s name was on waiting lists for those as well. Tony explained to the commissioners about NA and AA but said nothing about the vocational work.

But what the commissioners really wanted to talk about were the 115s. Tony had racked up 10 of them during his 20 years behind bars. This struck me as a modest number, given the length of his incarceration and the realities of prison life, but I seemed to be the only one who thought so. “Mr. Davis has a noteworthy disciplinary history,” Cater remarked. Even Tony’s defense attorney would say that her client has “struggled during his incarceration period” to avoid “disciplinary infractions.”

“Every 115 that I received,” Tony said, “I earned.” He wouldn’t waste the board’s time making excuses, he said. Then Cater, the deputy commissioner, pressed him about another incident, one that Tony had never mentioned to me: “an institutional offense of distribution of a controlled substance,” Cater called it, which was barely a year old at the time of the hearing. According to the write-up, Tony had been caught holding methamphetamine.

In fact, I later learned, Tony had not. It was his cellmate who had been busted—Tony had had nothing to do with the drugs, but the write-up was improperly placed in Tony’s file. It would later be expunged from his record. All the board knew, however, was that Tony had a “technical” issue with the charge. Rather than tell the board it was all a mistake, Tony remained the good prisoner who embraced responsibility. “I was not a participant in it but I knew about it,” Tony confessed.

Once the entirety of Tony’s record had been scrutinized, Jill Klinge, the district attorney, was invited to give a closing statement. “I commend him for his honesty with the panel today,” Klinge said of Tony. But it was impossible to endorse parole for a man who seemed to have been clean only since 2011, she went on, referring to the cellmate’s meth bust. “He’s going to need a substantial period of time for those gains to be solidified and to make sure that it is really going to settle in,” she said.

Tony’s own prison-appointed lawyer might as well have been a potted plant; over the course of the hearing, her only substantive contribution to his defense had been to correct a single date that one of the commissioners had gotten wrong. She seemed similarly unaware of the extent of the mistake on Tony’s record, noting how “significant” the meth charge was. “There’s no doubt that [Tony] has a very long way to go to dig himself out of the hole he has been in for most of his incarceration,” she told the board.

Finally, Tony was called upon to offer his own closing statement. He opened by apologizing to the families of all those he harmed in the shooting. He apologized to the commissioners for making them listen to him talk about all the mistakes he’s made in his life. “The only thing I can do is be honest,” he said, “and say I’m sorry and just use each day to become a better person.”

Eleven

The hearing lasted nearly two hours, but a verdict was rendered after only 11 minutes of deliberation. Tony had clearly impressed the commissioners with his closing remarks, and they went out of their way to compliment him. “Your appearance here today was truly a stand-up performance,” Cater, the deputy commissioner, told Tony. “You did show courage today. You took ownership, and there was honesty.”

Then Prizmich, the presiding commissioner, announced the board’s decision: Tony, he said, would not be paroled. He would need to wait seven more years until his next hearing. “You did a good job today,” Prizmich said. “Prove to us that that’s the real you now.”

The news was devastating but, I suppose, not wholly surprising. Even discounting the meth charge, the previous drug violation and cell phone were both relatively recent offenses. Parole boards are in the business of saying no, and by disrespecting their rules, Tony had given them a reason to conclude that he would break the law on the outside.

But seven years? That seemed cruel, a verdict that would discourage rather than encourage someone who had obviously been working hard to make something of his life. The boy who was so repentant after his arrest that a county probation officer thought it wouldn’t take 10 years to rehabilitate him had already spent twice that long behind bars—and now he would be staying in prison at least until 2019, when he would be nearly 50. Tony had fought so hard to ignore those who had urged him to give up, but maybe they were right: Why even bother trying to impress the parole board when it amounted to so little?

“It’s good that he has all these support letters,” Jill Klinge, the district attorney, had said near the end of the hearing, “but all of them state that he’s ready for release. So it makes me question if he has informed them of what’s truly going on.” She was referring, in part, to me, of course, and implying that I had been manipulated by Tony, that he had fed me a sanitized version of his life behind bars. It was true that Tony had not told me about his 2009 drug conviction; I found the revelation jarring when I read it in the parole hearing transcript. But Tony had told me about all of his other transgressions, and it was understandable to me that he had felt ashamed that he messed up so monumentally and chose not to share the news with me. It seemed the equivalent of learning only after a divorce that a good friend—one who did a lot of complaining about relationship woes—had been carrying on a prolonged affair. It was disappointing, of course, but it took nothing away from how impressed I was with the man Tony had become. Given the opportunity, I would write the same letter again without hesitation.

I was far more taken aback by how little the commissioners and the district attorney appeared to know about the system over which they presided. During the hearing, Klinge referred to the 15 years it took Tony to earn a GED as proof that he wasn’t serious about turning his life around—apparently unaware of how difficult the on-again, off-again nature of classes in maximum-security prisons made it to earn one at all. And what about the 2011 meth charge that played so central a role in the hearing’s outcome? The commissioners live a crazy, peripatetic life, a spokesman for the Department of Corrections later told me by way of explanation. They were part of a justice system charged with tracking several hundred thousand inmates and parolees. It was inevitable that the occasional file would fail to catch up to a parole board in time, that the occasional wire would get crossed.

But there is also an appeals process. Shortly after the hearing, Tony enlisted the aid of a fellow convict who had already secured a new parole hearing for one inmate and helped another win his release. (I picked up part of the tab for the services of this jailhouse lawyer in the form of a package of items he had requested. As far as legal bills go, it was a steal: two plastic jars of Folgers coffee, a pound of cashews, one package of Red Vines and another of taffy, a Schick Quattro Titanium razor, and a few other odds and ends.) He has managed to get the 115 for methamphetamine possession expunged from Tony’s record and may have won him a new hearing well before 2019. That, at least, is what he tells Tony when he’s hitting him up for more money. As of this writing, the Department of Corrections does not have a new hearing officially scheduled for him for the next seven years.

But Tony seems determined to remain optimistic. It took a while for us to talk after the hearing —his facility was on extended lockdown, naturally—but when we did, he sounded lighthearted, almost giddy with optimism about life. I seemed more devastated by the news than he was. “Don’t be sorry,” he said. “Be happy. Be joyous.” Life for Tony seemed finally to be moving in the right direction, parole or no. He had found a woman to love and, maybe more importantly, he had forgiven himself for what he had done. Somehow, in the crucible of the California prison system, he had found redemption. He exuded not self-pity but a determination to fight on. “This is not the end,” he vowed to me. “There’s no way seven years will be seven years.”

I wanted to believe it, and believe that Tony believed it. But I worried about him. In the first letter he wrote to me after getting the bad news, he told me about his plans to fight on. But then his confidence gave way to another familiar tone. “P-L-E-A-S-E don’t give up on me,” he wrote.

In case I missed the point, he repeated the plea in a postscript: “P-L-E-A-S-E don’t give up on me my life is so much more than this.”

The Last Clinic

An Emmy-nominated portrait of the last abortion clinic in Mississippi.

The Atavist Magazine, No. 21


Maisie Crow is a photographer and multimedia producer based in Brooklyn. She has done work for The Boston Globe, Bread for the World, MediaStorm, The New York Times, the Robin Hood Foundation, Save the Children, and the Virginia Quarterly Review, among others. Maisie has taught as an adjunct professor at the Columbia University Graduate School of Journalism and as a multimedia instructor at the Salt Institute for Documentary Studies.

Alissa Quart is the author of two nonfiction books, Branded and Hothouse Kids. Her next book is forthcoming in 2013. She has written longform pieces for Mother Jones, The New York Times Magazine, and many other publications. She was a 2010 Nieman Fellow at Harvard, is a contributing editor and author of the Reality Check column for the Columbia Journalism Review, and teaches in the Columbia University Graduate School of Journalism.

Editor: Evan Ratliff
Producers: Olivia Koski, Gray Beltran
Copy Editor: Sean Cooper
Fact Checker: Thomas Stackpole
Research and Production: Nadia Wilson

Published in January 2013. Design updated in February 2021.


Watch the full documentary above.

It was the week before Thanksgiving, 2012, and Dr. Willie Parker was making small talk with a group of patients in one of the back rooms of an abortion clinic in Jackson, Mississippi. What are your plans for the holidays? What’s your mother cooking? They laughed as they discussed turkey and dressing. After a bit more chatter, Parker got serious. “I hope this will get done what you want to get done,” he said as an assistant went around the room, dispensing a single pill per person, along with a small plastic cup of water.

Some of the half-dozen young women in the room were awkward, others assured. They were skinny, overweight; some were still in braces. Some were in high school and had mothers waiting for them in the next room. Some had children at home. They laughed, in some combination of nervousness and, perhaps, surprise at their own ease with the situation.

“If you feel nauseated, eat some Jolly Ranchers,” Parker continued. “Which flavor do you like?” Parker was usually learned in his speech, but he was going “colloquial” today, as he put it. Like most of his patients, he is black and from the South. In his fifties, he reminded some of them of their fathers and uncles—or of how they wished their fathers and uncles were in their moment of crisis. All the girls were receiving mifepristone, the so-called abortion pill. Within the next few hours, they would start to cramp, and their pregnancies would terminate. The girls had all had one-on-one counseling. The group setting was for general information, required by the state.

Parker is an abortion provider. But he is also the plaintiff in a case that has become a highly theatrical political maelstrom, one with potentially extreme consequences for the clinic where he works, and perhaps for abortion clinics around the nation.

This clinic, Jackson Women’s Health Organization, is a bleak white concrete building surrounded by fencing. A security guard stands watch outside. Inside, it’s a warm place painted pink, yellow, and red, and alive with the volubility and vivaciousness of its workers. From within its walls, you can be lulled into forgetting that you are inside Mississippi’s Alamo of reproductive rights.

This is the last abortion clinic in the state. In April 2012, the Mississippi legislature passed House Bill 1390, requiring that abortion providers obtain “admitting privileges,” an official status that grants providers the ability to admit patients at one or more local hospitals. Any clinic without admitting privileges would be shut down. It’s a maneuver intended to eliminate abortion here—Republican governor Phil Bryant has called the law “the first step in a movement, I believe, to do what we campaigned on: to say that we’re going to try to end abortion in Mississippi.”

The clinic and its advocates challenged the law, and in July 2012, a federal court offered a reprieve, blocking its implementation and giving the facility until January to comply. The next, and potentially decisive, hearing arrives at the end of January. If the state wins, young women like the ones sitting in the clinic’s red leatherette chairs will be forced to travel across Mississippi state lines to terminate their pregnancies. Most of them had already traveled to get to Jackson, from places like Hattiesburg and Yazoo City and smaller towns scattered across the state, and they had been required by law to wait 24 hours for the procedure once they got there.

But the effort to close down the clinic would also represent an “enormous victory” for the pro-life movement overall, said Carole Joffe, a longtime scholar of abortion rights at the University of California at Davis. “There’s a competition within the red states to see if they can be the first to close all the clinics.” As Joffe put it, channeling Tolstoy, “Each red-state attack on each abortion clinic is unhappy in its own way.” What she means is that state legislatures have many different approaches to trying to close clinics, from insisting that providers have admitting privileges to creating new rules for clinics’ medical supplies, the amount of staff required, the length of patients’ waiting periods, and even a clinic’s architecture. In Virginia, for instance, the state legislature recently adopted regulations stipulating the location of bathrooms and the size of the hallways within clinics.

Roe v. Wade became the law of the land 40 years ago, making abortion a constitutional right in all 50 states. Thus, the end of Mississippi’s clinics would also be historic: a single state successfully flouting the Constitution, hoping by its action to force America back in time.

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The bill’s supporters have argued that requiring hospital admitting privileges are an attempt to protect women from incompetent or even exploitative abortions. And outside the clinic, protesters were eager to talk about the procedure’s medical risks. I passed them as they sat on foldable lawn chairs, handing out leaflets and little squishy models of fetuses.

Ester Mann, 64, was one of those protesters. She had been picketing the Jackson clinic for many years and had been arrested twice. As the choice war flares up again in Mississippi, but also in Michigan, Kansas, and Tennessee, the battle lines remain the same, but the strategies and positions of both sides, legal and otherwise, have evolved. Mann, who offered a tearful tirade against the doctors at the clinic, didn’t use the same old pro-life rhetoric. In fact, she eagerly called herself a “Jesus feminist.” What did she mean by this? Mann, a large woman dressed in a royal blue outfit, smiled at me. “Jesus loved women,” she said. “And I believe in equal pay for equal work.”

Mann spoke of the women who came to the clinic as “disdaining God” and the “precious gift” of pregnancy. Mann herself was only able to have a single child. “Here I was, unable to have babies,” she recalled of her early years protesting. She was eager for January and the judge’s decision, praying for the clinic’s closure.

Beyond the rhetoric outside, however, the real threat to the clinic was contained in Bill 1390. As of January, Dr. Parker and the other physicians at the clinic have been rejected by all seven of the area’s local hospitals, making compliance with the law impossible. Ironically, the chaos of the protesters is one reason the hospitals have denied those privileges. One hospital replied to the clinic’s request that granting admitting privileges to abortion doctors “would lead to both an internal and external disruption of the Hospital’s function and business within this community.” Five rejected the clinic outright because they were opposed to being associated with an abortion provider, according to the Center for Reproductive Rights.

Twenty-five years ago, the factor limiting abortion care was a shortage of doctors capable of performing the procedure. But now, after the development of training programs like the one at University of Michigan, where Parker attended, the limitation on abortion care is geographical accessibility. There are plenty of providers in Seattle and New York City but not many working in rural areas. As a result, doctors like Parker—who typically flies down from his home in Washington, D.C., once a month and stays in Mississippi for a few days—may travel hundreds of miles to provide abortions. The expense of those trips multiplies the substantial cost of abortion services. Already, clinics are forced to fund mandatory security guards, legal expenses, and 24-hour video surveillance.

For the patients in Mississippi, abortion could become more expensive still. If the clinic is closed, reaching an out-of-state facility will require at least a three-day trip. Beyond the travel time, there are mandatory 24-hour waiting periods in several nearby states, including Louisiana, Arkansas, Texas, and Georgia. Many of these women are among the poorest in the country, and the end of an in-state clinic could well mean the end of choice for some of them. First there are the hundreds of dollars for bus fare or gas and a hotel room. Then there are the lost wages and, perhaps, childcare for their other children. The procedure itself typically runs $450, although the cost can be higher for pregnancies that are further along. (Several of the women I spoke to said they had requested and received money from an organization called the National Abortion Federation.)

Mississippi isn’t the only state which risks losing abortion care entirely. It’s one of five states with only one clinic remaining, along with Arkansas and the sparsely-populated North Dakota, South Dakota, and Wyoming. The spokesperson of the pro-life group 40 Days for Life has said that likeminded activists have targeted these states, too, hoping to bring about the “the first abortion-free state where abortion is legal but it’s simply not available.” The organization Missionaries for the Preborn has also announced that they have focused on states with one clinic, calling them “states of refuge.” According to a statement from the group, “Pro-lifers will wage an ongoing campaign in these five states” until January 22, 2013, the anniversary of Roe. Closing the Jackson clinic is a key part of the pro-life movement’s pursuit to outlaw abortion for good.

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It was business as usual as the January decision settling the clinic’s fate approached. In late November, the clinic’s waiting room was full, an old Jamie Foxx show filling it with canned laughter. A depressed-looking girl in Ugg-style boots sat staring at her phone, next to someone else’s boyfriend, young and plump, with a beard, who stared at his. A sign on the door read “No Purses, No Bags, No Children.”

The clinic’s director, 40-year-old Shannon Brewer-Anderson, mother of six, walked around the facility, making sure that what she referred to as the state’s “severe regulations” were being  followed. “If we have a lightbulb busted or a stain in the carpet, we get written up,” she said. The Department of Health would visit often, sometimes as much as eight times a year, spurred by “complaints from people outside,” said Brewer. “Everything having to do with an abortion,” she says, “is political.”

On each day I observed him in Mississippi, Parker—one of two doctors who alternate at the clinic—shifted between counseling future patients and performing abortion procedures. In counseling, patients receive general information about both medical and surgical abortion, including certain statements required by law. Counselors must underline the dangers of the procedures, although in truth abortions are less dangerous than giving birth—something Parker pointed out after running through the state-mandated boilerplate. They must inform patients that having an abortion raises a woman’s chance of breast cancer, although there is “not a shred of scientific evidence to support that,” as Parker told his patients.  

As I roamed through the rooms, the contrast was stark with the quieter, more anonymous clinics I had visited in New York City. There, staffers were unlikely to know any of the patients personally, let alone assure them that their secret was safe, as Mississippi staffers told me they had done. There were many clinics where patients might never learn their doctors’ names. But not here.

I spoke to some of the patients as they waited for counseling or abortions. I met Hillary from Yazoo City, who worked in an auto shop. She was 22 and had two children: One had been born at two pounds and the other at four pounds. Why had both her babies been born so small? “Bad prenatal care,” she said. “I was wishing it away.” Hillary was tall and thin, with a cloth flower in her hair. “I want to provide. I don’t have enough money to provide for my kids now,” she said. She was unmarried and barely earned minimum wage. She said she hoped to get her “tubes tied,” permanently preventing her from having children, even though she was young. I sat with her and other young women as they were instructed in where a woman’s vagina is, where the cervix is, and breathing techniques for the procedure—breathe in through the nose, out through the mouth.

When a clinic counselor explained to Hillary that she would have to stay off her feet for several days following her abortion, she shook her head. “I lift in my job,” she said. “Well, try and stay off your feet, hide in the closet, take a long lunch,” the counselor said. Hillary was afraid to lose her job, she said.

So was 21-year-old police trainee Sara, who said she’d have to leave the police academy if she remained pregnant. “It’s against the law to be out on the road pregnant as a police officer,” she explained. She wasn’t telling her “very religious Baptist family” about it and had to come up with excuses for the two and a half hours she drove each way to get here. “I had to cover it up, as I live with my family,” Sara said. “I had the pill because I want to be on my own, in a room with the door closed, and able to hide it from my family.”

I spoke to Aarimis, who worked at the clinic as an assistant but had first visited as a patient. She had had a total of four pregnancies and terminations, starting when she was 14. One pregnancy had come along when she was with a boyfriend who physically abused her. She said she still struggled to afford the monthly $80 out of pocket for birth control.

There was also a teenager, sitting next to her mom, who everyone in the waiting room thought was a basketball player because of her height and athletic clothes. That a teen was there to terminate her pregnancy wasn’t surprising: Mississippi has the highest birthrate among teens in the nation, according to the Centers for Disease Control and Prevention. In 2010, there were 55 births per 1,000 teens aged 15 to 19 in the state, compared with a national average of 34.2. Even more troubling is the data showing the likelihood that the infants born to teenagers may not survive. In Mississippi, babies are at far greater risk of dying before their first birthday than in any other state in the nation. In 2011, 9.4 babies out of every 1,000 died. That’s similar to infant mortality in Botswana last year—10 out of 1,000. Mississippi is also one of only two states to demand that a minor receive consent from both parents to have an abortion.

In addition to poverty, religion was a powerful presence in the clinic’s bright back rooms, where batches of young women sat clad in their day clothes or pale hospital gowns. A few girls who were about to get the procedure told me that they thought it was wrong, that they worried about standing before God. One white woman told me she was having an abortion because the father was black (“a football player”) and her parents wouldn’t accept the child were she to carry it to term. “There’s no way I can go through this pregnancy, my family being as racist as they are,” she said.

Of the young women I encountered, the most charismatic was Adriana (her middle name), from Hattiesburg. “This is my second time,” she told me. She was 23 and worked at a bingo hall, and her boyfriend wanted her to have the baby, “but I’m the only one working: He doesn’t work.”

“I’ve been love-drunk all my life, you know,” she said. “I want to join the Air Force. That would help me get myself together.”

Adriana’s belief that terminating her pregnancy might help her gain greater solvency and ultimately achieve more professionally is supported by some compelling new data. A research study called the Turnaway Project, begun in 2008 at the University of California at San Francisco, examined three sample groups of poor women, recruited at abortion clinics around the country. One group had been turned away from a clinic, another group had carried their pregnancies to term, and a third had had abortions. One year later, 76 percent of the women in the study who were denied abortions were on welfare, compared with 44 percent overall. The women who had sought abortions but hadn’t received them were also less likely to be working and far more likely to be living below the poverty line.

With its inaccessibility looming, abortion in Mississippi could become something of a new social-class marker if opponents have their way. A middle-class woman with an unintended pregnancy will be able to drive to Texas; many others won’t be able to leave work long enough to make the trip. And the women I met at the clinic were among the poorest in the country—according to the census bureau. In 2011, Mississippi had a poverty rate of 22.6 percent—nearly one in four. Its median household income was $36,919.

Given the financial straits of these women, no one is quite sure what will happen to those who rely on the place if Jackson’s clinic closes. As a woman in the waiting room put it, “Thank God this is still an option for my daughter. She is only 17.”

Dr. Parker riffed with his patients about their eating habits, dating, even their constipation. To one of the counselors at the clinic, “Miss Betty,” he offered an adage about dating in middle age: “Old enough to know what to do but young enough to still want to.” His jabs at earthy humor were meant to put both his colleagues and his daily allotment of patients—around a dozen or two—at greater ease. He called this palaver “verbocaine.” He used it all day long, especially as he could offer only a local anesthetic before surgeries. General anesthesia was not available; administering it would require hiring a nurse anesthetist, and the clinic already struggled to find nursing support. Nor does the clinic provide prescription painkillers, as tracking them on-site would be too labor intensive.

When Parker was not talking or performing procedures, he sat serenely in his office. On one break, he ate what he called a “cardiac” breakfast of bacon and eggs, loading up for the dozens of operations in front of him. He spoke of Martin Luther King, and likened the battle for reproductive rights to King’s civil rights campaign. He spoke about Dr. King’s understanding of the Good Samaritan and explained how his notion of medical care was more about the person needing help than the person giving it. He had been forced to stop worrying about his own safety, he said, and the Christian component of Parker’s drive was underlined by the “Pro-faith, Pro-family, Pro-Christian” sign affixed to a clinic wall.

Parker, who is unmarried and has no children, grew up poor in Birmingham. He never knew his father and was “raised by committee,” as he put it. He had a “fundamentalist” upbringing, he said, and even proselytized to others. He was educated at a small Southern Christian school, Berea College in Kentucky, and then attended the University of Iowa Medical School. He came to abortion care in midlife, after many years as a gynecologist. Making the shift went against the values of his upbringing. “I grew up in the black church, and I was conflicted about what it would mean to help women with their unplanned pregnancies,” he said. But then he had an epiphany. He realized that “a safe and early abortion was the Christian thing. After that, I became less worried about myself.” His revelation came, he explained, when he re-envisioned Christianity as “a love ethic, especially around the doctrine of compassion.” Part of that compassion, he concluded, involved helping these young women with nowhere else to turn. His own grandmother, he told me, had died in childbirth.

Parker began performing abortions about 10 years ago, after he graduated from the University of Michigan program, working at clinics in Philadelphia and D.C. It was a struggle even up north, due to what Parker described as “the stigma” around having and providing abortions. This ostensible disgrace prompted many providers to be less candid about what they did, to couch their work in euphemism and hide their identities for their own safety. The stigma manifested itself in small ways for Dr. Parker, as well—few patients came back and thanked him, for instance. An abortion is usually something women would rather forget, and the poorer patients at the clinics Parker worked at were usually “putting out lots of other fires” in their lives, as he put it. The one patient who had kept up a friendship with him was a woman who learned of rare genetic abnormalities late in her first and second pregnancies. Parker did the procedures after she and her husband chose to abort. Just this summer, the woman had a healthy baby and invited him to the newborn’s bris.

It was the taint of the procedure, he thought, that led his patients to ask him, as they sat on the examining table, whether they would be punished. “They fear divine will and divine intervention. They’ll ask, ‘Do you think God will kill me for killing my baby?’”

Stigma or no, abortion was Parker’s avocation as well as his vocation—that was why he started working in Jackson in May. He was contacted about the job half a year before he began traveling down, and he felt an immediate pull. He had read about the impending law and had a strong sense that he was needed. Nevertheless, the decision to go down a few days each month was not an easy one. He recalled the film Mississippi Burning when he thought of Jackson and initially told himself, “I am not going there, where men say ‘Hey, boy!’ White guys with skinny ties, glasses, and shotguns.”                       

When he arrived, he found Jackson both better and worse than he imagined. The area around the clinic was “avant-garde,” he told me, replete with vintage stores and a coffee house. But Jackson as represented by the protesters was also more challenging than Parker had anticipated. A small group of anti-abortion activists were camped out around the clinic at all times during the day. One of them took a picture of him at Lenny’s, a local sub shop, and a passer-by had recently shouted out his full name, including his middle name—an unsubtle reminder that Parker was being watched. Parker said that his girlfriend, while she supports his work, also “fears harm will befall me” from “the threats,” which he refers to only obliquely, as if discussing them more fully would make them more real.

“I don’t want to falsely reassure myself,” Parker said. “Slepian died in the kitchen, Tiller at church,” he continued, referring to two abortion providers, Bernard Slepian and George Tiller, who had been killed by pro-life extremists.

Yet Parker remained more fixated on the future of the clinic’s patients than on his own. “Which women deserve or don’t deserve care?” Parker asked. “I want for other people what I want for myself. These women should have what I have. And that’s dignity and making peace with an uncertain God.”  

Half-Safe

A story of love, obsession, and history’s most insane around-the-world adventure.

The Atavist Magazine, No. 20


James Nestor has written for OutsideDwellMen’s JournalNational Public RadioThe San Francisco ChronicleThe New York TimesSan Francisco Magazine, and more. He is currently working on a narrative nonfiction science and adventure book tentatively titled Deep: A Sea Odyssey.

Editor: Charles Homans

Producers: Olivia Koski, Gray Beltran

Research and Production: Nadia Wilson

Cover Illustration: Chris Gall

Photos: Courtesy of Guildford Grammar School Archives

Video and Music: From “Its A Small World,” El-Von Productions, Courtesy Guildford Grammar School Archives

Special Thanks: Alex Heard, for invaluable editing assistance; Rosemary Waller, Guildford Grammar School; and Deirdre Carlin, without whom this story could not have been told.

Fact-Checker: Thomas Stackpole

Copy Editor: Sean Cooper

Published in November 2012. Design updated in 2021.

One

The Atlantic Ocean

December 1950

They had spent 14 days in darkness.

Late on the morning of the 15th day, December 2, 1950, light finally peeked through a crack in the curtain that hung over the passenger-side window. Ben lifted the curtain and looked outside. The sky was blue, and the sun, as big as a dinner plate, shone brightly. The storm clouds had retreated to the horizon. Ben took a dirty tissue from his shirt pocket, swabbed his eyes, and lifted himself from behind the steering wheel.

It had been four full months since Ben and his wife, Elinore, steered the tiny amphibious jeep they called Half-Safe into the frigid waters of Halifax Harbor and headed east toward Africa. It was the first time anyone had tried to circumnavigate the world by land and sea in a single vehicle, let alone one that was eight times smaller than any motorized boat that had ever crossed the Atlantic. It was a harebrained scheme, and the Carlins knew it. That was the point.

Adventure for its own sake had first attracted Ben, an engineer from rural Western Australia, to Elinore, an American Red Cross nurse, when the two met in India at the end of World War II. And there could be no more outlandish adventure than an attempt to “drive” across the Atlantic, Indian, and Pacific Oceans—and actually drive across the continents in between—in an automobile. Especially this automobile—a converted 1942 GPW (General Purpose Willys) amphibious jeep built by Ford for the U.S. Army. It looked like a cross between a 4×4 and a rowboat, with a stubby pointed front, a square rear end, and a five-by-ten steel box on top. It was half car, half boat, and entirely ridiculous. The GPW amphibious jeeps were designed to putter through shallow streams for a few minutes at a time and usually failed even at that; they had proved so useless in the field that the Army canceled production. They were never intended to be used on the ocean.

Helpless and lost in the middle of 41 million square miles of open water, Ben and Elinore realized that their comic little adventure was quickly becoming a suicide mission. Both were in their thirties but looked as though they had aged decades in just a few weeks. Elinore, famished and vomiting anchovies into a tin mug, had gone from voluptuous to skeletal. Ben looked worse. His skin was pale, a delta of stress lines spread across his forehead, and his eyes were baggy and bloodshot. His face was caked with exhaust soot, engine grease, and sweat.

But now, weeks into their Atlantic crossing, the Carlins had no choice but to suck it up and keep following the compass east, toward the coast of the Spanish colony of Western Sahara, toward solid ground and safety.

Ben squinted out Half-Safe’s back hatch and looked at the deck. The jeep was sitting dangerously low in the water. Waves washed over the windshield and side windows, threatening to swamp the cabin. The cloth sea anchor, designed to drag in the water to stabilize the vehicle, floated behind Half-Safe in tatters, shredded by the storm.

At least the fuel supply—a 10-foot-long floating steel container carrying 280 gallons of gasoline—was intact. As long as the weather stayed calm, Ben figured they had just enough gas to make it to Madeira, a speck of an island 400 miles off the coast of Africa. The only information Ben could get from the radio was that the worst of the storm was still ahead. But the antenna was broken, and he had trouble making voice contact with the world beyond the jeep’s cabin.

Ben returned to the driver’s seat, grabbed his sextant, and hoisted himself onto the roof. He paused to gulp the fresh air, a respite from the funk of mold, sweat, exhaust, and human sewage in the cabin below. He noted the angle of the sun on the horizon and checked his watch.

Above him something caught his eye. A whirlpool of wispy clouds, in the shape of a miniature hurricane, floated calmly above Half-Safe. Ben watched as they passed over him, then floated off. He crawled back into the jeep and steered east. The next half-hour was calm.

Then the rain came, followed by wind and waves. By afternoon, the swells had risen to 30, 40, even 50 feet. There was nothing miniature about the storm, Ben realized. This was a full-on hurricane—and the Carlins were in the middle of it.

The ocean looked as if it were smoldering. The jeep was flung up over the crests of the waves and down the other side so violently that Ben and Elinore were shot from their seats into midair. The fuel tank broke loose; Ben watched as it bobbed in the spindrift and then disappeared into the darkness. He had no other option but to gun the engine and try to run before the storm.

By evening the swells had gotten bigger. It was only a matter of time before the roof collapsed and the cabin flooded. Ben turned to Elinore and made her scream the escape procedure in his ear.

“You shout, ‘Out,’” she yelled, her voice straining above the rain and waves beating on the steel walls of the cabin. “I get out and wait. You follow and grab the gear. I follow you. Keep in contact!”

Ben steadied himself in the driver’s seat, lit a cigarette, and gripped the steering wheel. Too weak to move, too nervous to speak, Elinore sat silently on the back cot. They felt the sea below their feet inflate like a giant lung. They sat and waited and braced themselves for the next hit.

Around 3 a.m. the following day, the motor sputtered, then stopped. Gas vapor entered the engine compartment. Ben watched as an explosion of orange and red flame appeared through the windshield. He was sure it had blown a hole in the side of the jeep. That meant the next wave that hit would swamp the cabin and drown them. “This is it—out!” he shouted to Elinore.

Another wave hit, knocking Ben to the floor. He stumbled through the rear hatch. The jeep was somehow still afloat; there was no hole. He stood there on the roof, blasted by the wind and rain, dumbfounded. Had the days of sleeplessness finally caught up with him? Was he hallucinating? Elinore stuck her head through the hatch, but Ben shoved her back into the cabin. He returned to the driver’s seat and turned the engine over. It started. He drove blind for the next 24 hours.

The storm worsened. At first the big swells exploded against the jeep every half-hour. Soon they came every 15 minutes. Then every five. Ben turned on the radio above Elinore’s cot and tapped out a message in Morse code: XXX. It meant Important, please listen. The antenna was broken, he knew, but maybe by some miracle the signal would get through. He typed it again. And again.

Another wave hit, then another. Ben pulled the lighter from his shirt pocket and lit another cigarette. Elinore watched the cherry dance in the darkness, wondering which of the waves detonating against Half-Safe’s windshield would be the one to finally burst in. Through the passenger-side curtain, they watched the sky darken. They felt the ocean below them lift the jeep stories high, then launch it into the air. Ben tumbled, his cigarette arcing across the dashboard like a rescue flare shot into a moonless night. The window went black. Half-Safe climbed another wave.

halfsafein1-1394141196-39.jpg
Ben and Elinore Carlin inside Half-Safe, 1950. Photo: Guildford Grammar School Archives

Two

Perth

November 2011

A patchwork of sun-bleached stucco walls, wandering roads, and corrugated-steel roofs flashed past the passenger-car windows along the TransPerth rail line. Soon the train came to a stop and the conductor called out East Guildford Station. I grabbed my bag and followed a group of boys in navy jackets, shorts, and red ties across the pedestrian overpass that led to the back gate of Guildford Grammar School. Behind a white picket fence stood a small brick cottage that housed the school’s archives.

The archive librarian, Rosemary Waller, welcomed me in. Along the back wall of the main reading room were shelves overflowing with antique books, bottles of wine, and a few framed photographs. A hat rack held old pith helmets, cricket jerseys, and army hats festooned with medals. The opposite wall was covered with century-old newspaper clippings, handwritten letters, and photos. One clipping caught my eye. It showed a black-and-white photograph of Ben and Elinore’s amphibious jeep.

“Could you imagine living in that thing?” Waller said. “It must have been just horrible.” She directed me to a wooden desk piled with four stacks of photo albums, manila folders, and white envelopes. Numbering perhaps a thousand pages in all, these were the complete surviving records of Ben Carlin, who died in 1981. Carlin had kept careful notes and scrapbook materials about his circumnavigation attempt, convinced it would make him famous and wealthy. But outside of Guildford, Ben, Elinore, and their jeep were mostly forgotten. Few people had ever seen the photographs, letters, and clippings collected here. There was a stack of sealed envelopes at the edge of the pile that looked untouched.

I had first heard about Carlin and Half-Safe about a decade ago, after my own, less extraordinary misadventure at sea. I was sailing the Golden Gate, the strait spanned by the famous bridge, outside San Francisco with an old friend named Steve, a novice sailor who had just bought a 36-foot boat. We were barely out of the harbor before it became obvious that neither of us knew what we were doing. We had trouble tacking, steering, basically moving. Then the motor broke. Then raw sewage started gurgling up from the toilet belowdecks. “You don’t have to use it, do you?” Steve asked. (I did, but I didn’t say anything.) Then the backup engine went out. Soon we were drifting slowly west, toward the open ocean.

It was my first real taste of being adrift at sea, lost. For six hours, Steve and I felt alternately terrified and oddly bored. By nightfall, Steve had given up and called emergency rescue. As we waited to be towed back into the harbor, he told me about a story he had heard from an Australian traveler he met backpacking in Southeast Asia. It was about a guy named Ben Carlin who spent years in this kind of predicament—years stuck in the five-by-ten cabin of a tricked-out military jeep that was somehow also a boat, trying to make it around the world.

When I got home, I went online and read what I could. The Ben Carlin story seemed too ridiculous to be true—but if it was true, it was the most bizarre adventure tale I’d ever heard. Either way, I had to find out more. There wasn’t much to find, however: a one-line mention on a GeoCities page, a picture of the jeep on a site maintained by Army-vehicle enthusiasts. There was a photo of Carlin on the Guildford website. Undated, it showed him with a smug smile on his face and a cigarette in his mouth, leaning against Half-Safe’s prow, Elinore grinning at his side.

I soon discovered that Carlin had written a book, published in 1955, titled Half-Safe: Across the Atlantic by Jeep, but it had long since gone out of print. The publisher canceled plans for a sequel, but Carlin wrote a manuscript for it anyway, and he later bequeathed it to Guildford along with his life savings and all the records from his expedition. In 1989, Guildford published the book under the title The Other Half of Half-Safe but never bothered to sell it except at the school.

When the copy I requested arrived two months later, I found it almost unreadable: Carlin’s rambling technical descriptions went on for pages, his jokes were odd and forced, and his descriptions of himself were a laborious mash of muscle, misanthropy, and one-upmanship.

And yet, what Carlin had accomplished was undeniably extraordinary. Although his trip lacked the easy shorthand of Amelia Earhart’s attempted around-the-world flight or Ernest Shackleton’s Antarctic survival saga, the Half-Safe voyage was in its own way a more remarkable feat: Carlin had pushed a rejected hunk of military surplus where no machine had ever gone before or would go again. Why had history ignored him? What happened to him?

All that seemed to be left of Carlin’s adventure was a few pictures, a few stories, and perhaps whatever remained of the thousand-odd empty soup cans he had tossed out the driver’s side window of the jeep, on the floors of three oceans and beneath the sand of half a dozen deserts. The more I thought about it, the more I had to know the answer. Which is why I had traveled 9,000 miles from San Francisco to Perth. If there were answers to my questions, they had to be in the Guildford archives. I wiped the dust from the photo album on top of the stack and turned the first page.


Even today, Perth is an isolated place. The nearest major city, Adelaide, is more than 1,600 miles to the southeast, making Perth one of the most remote metropolitan areas on earth. In the early 1900s, it had a population of 276,000, about a sixth of what it is today, much of it dispersed across 100 miles of surrounding desert. Ben was born near there in 1912, 60 miles northeast of the city, in a small town called Northam.

Nothing is known about Ben’s father; his mother died when he was 4, and her absence haunted him his entire life. From age 10 through 17, Ben attended Guildford. He went on to the University of Western Australia and the Kalgoorlie School of Mines, where he trained as a mining engineer. He spent much of his twenties eking out a living in the dust and dirt of Kalgoorlie, a tiny mining outpost some 300 miles east of Perth. Photographs from Kalgoorlie at the time show a desolate landscape of dry shrubs and gaunt men living in white tents.

In 1939, on the eve of World War II, Ben moved to China and took a job as a mining engineer for a British coal company operating in Beijing. A year later, he managed to enlist in the Indian army—then under British command—and served in the Middle East and Italy as a field engineer before being sent to India, where he was stationed at the Kalaikunda Air Force Station in West Bengal. It was there that Ben’s quest began.

One day in March 1946, Ben and his friend Mac Bunting, a squadron leader in the Royal Australian Air Force, were sweating off hangovers in a former U.S. Army Air Forces surplus yard at the base when a small vehicle caught Ben’s eye. It was a 1942 GPW Model Ford that had been converted so that its body looked like a boat hull: an amphibious jeep. Neither Ben nor Mac had seen anything like it.

At the start of the war, the Army had ordered the Ford Motor Company to build jeeps capable of negotiating short expanses of water—streams, lakes, and small bays. Ford engineers worked quickly, using parts from existing vehicles and improvising the rest. The result was one of the strangest-looking automobiles ever built.

It was a quarter-ton jeep, water sealed and wrapped in a thin sheet of metal for buoyancy. At the rear was a second driveshaft attached to a marine propeller and a nailed-on rudder that hung off the back bumper. It looked like a smaller and much sketchier version of the amphibious duck boats used by the Army and, in later years, by novelty-tour operators.

On land, the GPW amphibian worked fine, more or less like a regular jeep, but its performance in water was abysmal. It ran aground easily, was almost impossible to maneuver, and averaged a laughable 2.5 miles per hour at four miles per gallon. Within a year of production, the Army cancelled the line. By war’s end, only a fraction of the 12,978 GPW amphibians remained in service.

None of this deterred Ben. “You know, Mac,” he said. “With a bit of titivation you could go around the world in one of these things.”

Mac scoffed, but Ben persisted. “The more I thought about the idea—and within a few days I was thinking of little else—the more I liked it,” he later wrote. “Quite reasonably possible, it would be difficult enough to be interesting, a nice exercise in technology, masochism, and chance—a form of sport—and it might earn me a few bob.”

Ben thought he could complete the trip in a year, seeing the adventure as “a last flutter before the inevitable relapse into domesticity.” In 1947, when the army finally cut him loose, he went to the United States. He had to find a jeep, and he figured his best chances would be in a U.S.–based Army surplus yard.

During a layover in Hong Kong, Ben dropped in on a friend, Elinore Arone. They had met several months earlier in India, where Elinore, like Ben, had gone in search of a more interesting life. A 27-year-old brunette from Watertown, Massachusetts, she had been working as a bank teller in her hometown when the war broke out, and she joined the American Red Cross. She and Ben had had an on-again, off-again romantic relationship in India, and he was eager to see her.

Ben was more reluctant to explain why he was heading to America. Given Elinore’s appetite for adventure, it was likely she would jump at something as absurd as the amphibious jeep journey, and Ben was convinced that the trip “was no job for a woman.” But during the layover, he couldn’t resist telling her his plans, and Elinore insisted on joining. Ben relented, and the two agreed to meet on the East Coast.

On January 30, 1947, Ben handed $901 to the clerk at the Army surplus auction yard in Aberdeen, Maryland, and the next day drove his 1942 GPW amphibious jeep right off the lot. It was dented, dilapidated, and barely running, and it took Ben more than two days to make it 70 miles north to the Annapolis Yacht Yard, where he’d rented a slip. By the time he pulled in, the jeep was stalling from clogged fuel lines, the gas tank had fallen out, and the exhaust pipe was coughing noxious smoke. This was the craft Ben hoped would take him and Elinore around the world.

Three

Annapolis

October 1947

Ben spent nearly a year retooling the jeep, reinforcing the superstructure, replacing glass with plexiglass, installing a new hull to carry extra fuel, and coating the metal with neoprene, a synthetic rubber developed by DuPont that would later be used in everything from wetsuits to fan belts.

He also built a proper cabin, which made the jeep look like a miniature houseboat on wheels. The interior was a claustrophobic five by ten feet, with the jeep’s driver and passenger seats placed side-by-side in the front and a small cot wedged a few feet behind in the back. Above the cot were a pair of radios and a hatch, the only means of climbing in and out of the vehicle.

By October 1947, in spite of all Ben’s work, the jeep really wasn’t seaworthy—for one thing, he could hardly steer it. But time was running out, and Ben was down to his last $300. Elinore, who had arrived from China five months earlier, was working odd jobs and living with her parents in Boston to save money. Ben decided it was time for a test run from Annapolis to New York City.

A few days before Halloween, Ben climbed into the jeep, started the engine, and set out northeast across Chesapeake Bay. His plan was to drive up to the top of the bay, head east overland until he reached Delaware Bay, follow the bay southeast to the Atlantic, and then travel up the New Jersey coastline to New York. By the third day, Ben was about 50 miles into Delaware Bay when he was stopped cold by howling winds. He spent two nights and a day bouncing against the steel walls of the cabin, trying to keep the jeep from crashing into the rocks. So far, the vehicle was barely managing two miles per hour on the water. At that rate, it would be faster for him to walk to New York.

The morning of the fourth day, the winds died down just enough to proceed. As Ben drove out across the bay, he saw that he was aimed straight at an outcropping of rocks. He tried to steer right, toward open water, but the wheel wouldn’t move. His hands wouldn’t move, either—in fact, he couldn’t even feel them. Soon his arms, feet, and face were numb. Blinding white flashes appeared in front of his eyes. He felt nauseous, as if he was about to pass out.

Ben had felt this way before, 10 years earlier while working in the mine in China. Carbon monoxide was filling the cabin. It was killing him. He dragged himself out the rear hatch and threw himself onto the roof. He flopped onto his back, gasping for air. The jeep rumbled on beneath him; the steering wheel was pinned starboard, and the craft was making sweeping circles around the bay. Ben watched helplessly as each circuit took him closer and closer to the rocks.

Then, with a crash, the jeep jolted to a stop. Ben looked over and saw that he was rammed into a metal piling. The jeep’s hull was punctured, but the engine hadn’t stopped. Still paralyzed, he lay there wondering how big the hole was. If it was too large, the vehicle would sink before he could regain control of his limbs. If it was small, he might survive. He watched, helpless, and waited.

After half an hour, Ben felt tingling in his fingers and toes, then in his hands, feet, and limbs. He sat up, took a deep breath, shook his head clear, and hurried into the cabin to kill the engine. He looked over the side. A bolt from the piling had ripped a foot-long hole just below the waterline on the port side of the jeep’s main gas tank. If the bolt had hit just 18 inches away from where it did, it would have torn open the hull and sent the jeep to the bottom.

Between fits of vomiting—a side effect of carbon monoxide poisoning—Ben held his head in his hands. If he couldn’t make it 300 miles along a sheltered coast, how could he possibly make it across 3,000 miles of open ocean? How could he make it around the world?


The next month, he drove over land to New York. That winter, Ben lived alone in near poverty in a fleabag hotel in Manhattan, while Elinore took a temporary job in Mexico. Broke and without prospects for employment, Ben hounded the British Consul for back pay that he said the Indian army owed him. He had a glass of milk and a buttered roll for breakfast and skipped lunch. Dinner was canned spaghetti warmed in the bedroom washbasin and eaten with two toothbrush handles. He lived this way for four months.

In mid-April, a payment of $1,800 finally arrived from the Indian army, and Ben began prepping the jeep for a trans-Atlantic crossing. When Elinore returned to New York in May, she and Ben made their years-long affair official, marrying at City Hall over lunch. It was a formality that the press agent they’d hired to promote their forthcoming journey had suggested. In the late 1940s, a pair of adventurous newlyweds setting out on a honeymoon across the Atlantic in a jeep would be an easy story to sell.

There were many false starts in the years that followed. During their fourth launch attempt, in August 1948, the Carlins managed to make it roughly 300 miles out to sea from New York before a shaft bearing came loose and the engine died. Ben tried to jury-rig a quick fix while dangling upside down in the ocean. Nothing worked. As the jeep drifted helplessly in the Atlantic, Ben passed the time by stuffing notes inside empty beer bottles that read, “No beer!”

A week and a half later, they were rescued by an oil tanker headed to Montreal. They arrived three days later. Back on land, Ben prepared the jeep for the road while Elinore went out drinking with the ship’s crew. Soon they were on the road heading east to Halifax, Nova Scotia. Ben was determined to give the Atlantic crossing another go that summer, but renovating the jeep was taking too long—winter storms were fast approaching. The Carlins had no choice but to delay another year. Elinore went back to New York while Ben took a job in a machine shop.

In his spare time, and using all of his spare money, Ben took the jeep apart again. He also gave it a name: Half-Safe, taken from a popular radio commercial for Arrid deodorant. Don’t be half-safe—use Arrid to be sure. One year became two, and then, in June 1950, Elinore returned. Ben quit his job. It was time to give their harebrained scheme one last try.

Four

Halifax

July 1950

Ben pushed the hair out of his eyes with a greasy hand and climbed from the dock in Halifax Harbor onto the back of the jeep for a final look-over. Everything was ready. Even the weather had improved in the past 12 hours—a large high-pressure system was approaching from the west. Ben reckoned that if he and Elinore left immediately, they could ride into the Gulf Stream and make passage across 1,800 miles of the Atlantic to the Azores, a sparsely populated chain of islands 1,000 miles west of the Portuguese coast, in less than three weeks.

The final step before leaving was to clear customs. Waiting on the dock above the jeep were two corporals from the Royal Canadian Mounted Police. Because the jeep was amphibious, it existed in a legal gray area. There were no laws permitting such a craft to set out across Canadian waters—but then, there were no laws prohibiting it, either. The Mounties filled out the customs forms as best they could.

A small group of onlookers and friends cheered as Half-Safe motored out to sea. Among them was Richard Battey, an old friend and one of the few dedicated backers of Ben’s quest. Richard had loaned $1,200 for the jeep’s renovations, which Ben promised to repay once he and Elinore made it England. By that point, Ben and Elinore figured, they would be rich and famous. It seemed inevitable—their quest had already attracted the attention of the editors of Life magazine and Hollywood producers. They just needed to drive across 3,000 miles of ocean first.

As Ben pulled away from the dock, Elinore sat on the back cot and lit a cigarette, looking out the open rear hatch across the water. Behind her, Half-Safe was towing a tank filled with 280 gallons of fuel. Onboard, they carried 30 gallons of water, eight gallons of oil, and enough food for six weeks. A few feet in front of Elinore, Ben sat hunched behind the steering wheel, watching the spherical compass bobbing on the dashboard.

Half-Safe’s windshield and side windows were covered with black canvas to keep out seawater and rain. The canvas also blocked out most natural light. Inside, day was hardly distinguishable from night; Ben and Elinore lived a shadowy twilight of flickering electric bulbs and the occasional phosphorous flame of a struck match.

For Ben,  looking at a window at an unending ocean would have done little good anyway—there were no landmarks to follow. Every few days, when the weather permitted, he would confirm his position with a sextant reading. On overcast days, he had no choice but to drive on blind faith.

Half-Safe was a rough ride. When the engine was running—which was most of the time—the cabin rattled with teeth-chattering violence. The air was spiked with the noxious perfume of exhaust, gasoline, and, occasionally, raw sewage from the marine commode located beneath a cushion on the passenger seat. This was where Ben and Elinore had to relieve themselves, in plain sight of one another, two feet from the driver’s seat. Ben had installed electric fans on each side of the dashboard to combat the smell, but they mostly just distributed it around the cabin.

Then there was the endless back-and-forth roll over the ocean’s swells, the tiny jeep frame bouncing over waves and slamming through wind slop. Through the cracks in the black canvas, occasional flickers and flashes would show the water just below waist level, sometimes above shoulder level.  

In some ways, riding in Half-Safe was like traveling in a motorboat or sailboat, but without any of the benefits—the gusts of wind, the panoramic horizons, the liberating feeling of fast motion. In other ways, it was similar to riding in a car, but one that the driver could never pull over, never stop. It was a claustrophobic and abusive environment, an experience wholly other: at best difficult, at worst miserable. Most of the time, it was somewhere in between.

Half-Safe crept along at its usual four miles per hour. Nevertheless, closing in on the second week at sea, Ben and Elinore had somehow traveled nearly 400 miles, almost a quarter of the way to the Azores. That distance put Half-Safe beyond reach of the thunderstorms that often raked the Atlantic seaboard in late summer. What Ben didn’t take into account, however, were the hurricanes heading into the Gulf Stream from the south. The summer of 1950 was particularly warm, and by July a number of storms were already gestating off the Caribbean. The Carlins, inching toward the Azores, were headed right into their path.

Five

The Atlantic Ocean

August 1950

Ben and Elinore landed on Flores Island in the Azores on August 19, 1950. What Ben had thought would be a two-week journey from Halifax had taken 32 miserable days. Still, the Carlins had managed to avoid hitting any major storms during the crossing, and they were happy to have most of the Atlantic behind them.

They spent the week in Flores, refueled, and, on August 27, set off again on a 160-mile run to the island of Horta. Approaching the breakwater outside the harbor there, they were surprised to see a small armada of local boats coming out to greet them. In her diary that day, Elinore would claim that half the island’s population of 10,000 turned out to celebrate them in town. “Long apprised of our coming,” she wrote, “Horta had simply closed down for the day, proclaiming a ‘Festa do Jeep.’”

For the next three months, Ben and Elinore island-hopped, exhibiting Half-Safe to earn money for repairs and the fuel they would need for the last 1,200-mile leg of the Atlantic crossing. A Life article that appeared in November called their Atlantic crossing “certainly the most foolhardy and possibly the most difficult transatlantic voyage ever made.”

The plan now was to head to Madeira, an island halfway between the Azores and the African coast, where they would refuel before continuing on to Western Sahara. Ben thought the 600-mile trip from the Azores’ São Miguel Island to Madeira would be a “downhill run,” taking a week and a half at most. But by the time they left port, the weather had already gone sour. Northwest winds battered the jeep; Ben continued pushing east, trying to outrun the storm. But after six days, the conditions had become dire. Eleanor became violently seasick. Ben had trouble steering the jeep in the rising swells. Most nights he’d cut the motor and watch as Half-Safe drifted anchorless, deeper into the storm.

Nine days later, things had gone from bad to worse. Everything inside the cabin was wet — the bedroll, blankets, clothes, and pillows — and had been for days. By Saturday, December 2, the seas had risen to 40, even 50 feet. Elinore described their grim daily routine in her journal:

0900: Watched a most beautiful sky at sunrise—seemingly a good omen but has brought nothing but rain & wind.

1000: This is serious. Pitching very badly. Rain beats down. Hope it stops at 1100 when I go topside for a radio transmission…. It’s rather cold in the jeep—getting colder all the time…. Moreover, the bed-roll is so wet that the blanket is too—& my head—& it’s coming thru all my sweaters. Constant headaches.

1530: I’m freezing now so what shall I be tonight? We go up, up, up &—smack, down, down, down.

1700: Used to think it was a exaggeration when people talked of seas 30, 40 & 50 ft. high. I’ve now seen them—when I went topside for [Ben’s] 1600 transmission to Madeira. Bloody huge waves—& the wind she blew like hell.

It seemed impossible that the storm could go on like this, but there was no sign of it letting up.

The next morning, Ben heard a sound that startled him: the engine. For the first time in days, he could actually hear it running. Barely conscious after 67 straight sleepless hours, he peeked outside. The wind had abated to about 50 miles per hour, though the waves were still enormous. He fumbled with the radio—it had been useless during the storm, but perhaps now it would be working again. He tapped out the distress call: XXX.

To his astonishment, an operator from Madeira replied. The man was shocked to get Ben’s signal. The Portuguese navy had given up Ben and Elinore for dead days earlier—nobody, they thought, could survive at sea in a hurricane of that magnitude, especially in a floating jeep. Ben took coordinates for the spot where a Portuguese naval vessel, the Flores, would drop off two tanks of fuel, enough to get Half-Safe to Madeira.

The Flores arrived at 8 a.m. the next morning. Ben hitched Half-Safe to the stern, and he and Elinore were whisked aboard and welcomed by the crew. They ate, drank wine, and took much-needed showers. The Carlins made land in Madeira on December 12. What should have been a 10-day hop ended up an insufferable three-week slog.

Back on land, the Carlins licked their wounds and sold the movie camera Ben had brought along for the money they needed for food and repairs. They hung around Madeira for the next two months before deciding to give the crossing another go. This time the sea was more forgiving, and on February 21—seven months after setting off from Canada—Half-Safe reached Western Sahara. The Carlins had finally crossed the Atlantic.

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Half-Safe crossing the Sahara Desert, March 1951. Photo: Guildford Grammar School Archives

Six

Cape Juby

February 1951

The roads were a challenge from the beginning. Ragged in the best of circumstances, they had a tendency to vanish into 50-foot sand dunes. Half-Safe had lost its only spare wheel on the transatlantic crossing, and there were no replacement parts for Ford jeeps in Morocco. To be cautious, Ben drove at a snail’s pace. Elinore sat on the back cot, watching through the port-side window as nomadic shepherds drove their sheep toward the storm clouds to the north. Shepherds in the Sahara were known to chase the rain for hundreds of miles in search of grass. The Carlins followed them.

A week earlier, Ben and Elinore had made landfall in the small Western Sahara port town of Cape Juby. They were elated. After three years of toil, they had done the impossible: They had beaten the Atlantic. But now there was much more to think about, and on their first night back on land, Ben lay awake and pondered the challenges ahead. If Half-Safe broke down in the Sahara, the trip would be over.

Three days later, on March 4, after some quick repairs to make Half-Safe road ready, Ben and Elinore were finally granted papers and sent on their way, creeping along at less than two miles per hour towards Casablanca, 700 miles to the north. Days were spent driving and occasionally stopping at villages for peppermint tea; nights were spent beneath the stars of the Saharan sky.

Ten days later, they hit Casablanca in a blaze of publicity. Ticket sales from exhibitions of the jeep, plus a $100 advance for Life’s second article on the Half-Safe journey, gave Ben enough money to once again refit the jeep. With few spare parts or materials, he replaced the neoprene seals around the steering wheel with goatskin. But the attention around the Carlins, enormous at first, died as quickly as it started. Ben and Elinore and their journey across the Atlantic proved a fleeting curiosity to the few French colons who paid to see the jeep and meet the Crazy Carlins. Their feat seemed to inspire as much confusion as wonderment: They had made the journey, but why? What was the point?

On April 21, 1951, Ben backed Half-Safe into the Strait of Gibraltar. The jeep, chugging against the incoming tide, took six hours to make the 15-mile crossing to Europa Point, on the southern tip of Gibraltar. Nine months and 4,500 miles after they’d left Montreal, Ben and Elinore had landed on their third continent.

The Carlins’ four-month tour of Western Europe proved a welcome rest from the grueling journey so far. Ben and Elinore motored across Portugal, up through central Spain, and across southern France. Paris, still recovering from the war, turned out to be an unprofitable city for exhibitions, but the English were more interested. While staying in Paris in June, Ben and Elinore were flown to London to meet with editors at The Clarion newspaper, who agreed to pay them a hefty 500 pounds for a monthlong promotional tour in August. Ben and Elinore enthusiastically agreed, and for the first time in nearly a year they rested, soaking in the Parisian sights.

By mid-August, Ben and Elinore were ready for their triumphant sail to England, but The Clarion was not. At the last minute, the newspaper canceled their contract for no apparent reason. The Carlins’ holiday in Paris now looked like a waste of precious time. Their money spent, they would have to get to England on their own to find a new sponsor.

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Ben and Elinore Carlin with Half-Safe in Casablanca, March 1951. Photo: Guildford Grammar School Archives

Seven

Kent

August 1951

The summer night sky exploded with flashbulbs and cheers as Half-Safe lunged up Goodwin Sands on the east coast of Kent  the same landing that Julius Caesar had stormed 2,000 years earlier. Ben and Elinore climbed from the back hatch in front of the crowd of hundreds, who had been awaiting the Carlins for the past few hours. At the corner pub, they were met with a deafening round of applause.

A few days later, Ben called Mac Bunting, the Army buddy who had first helped conceive of the circumnavigation in India in 1947. They hadn’t seen each other in five years and in the past two years hadn’t even exchanged letters. When Mac arrived in Kent and saw the jeep, he was flabbergasted. “By Jove, old boy,” he exclaimed, “you were right!”


Half-Safe: Across the Atlantic by Jeep, which Ben wrote shortly after arriving in England, ends on that triumphant note. Back at the Guildford archives, I closed the cover of the second photo album and reshelved it. There were dozens of photographs Ben had taken during the journey, copies of letters he’d sent from the Azores and throughout Africa, a few receipts. But nothing I found shed light on what kept pushing Ben and Elinore to continue on through failure after failure, year after year—and I couldn’t find anything about what had happened to them after the journey was over.

One possible source of new information was Ben’s only daughter, Deirdre Carlin. I’d heard about her from Rosemary Waller months earlier, when I was arranging my visit to Perth. I knew nothing about her, except that she lived in Perth. I had been trying to reach her for months and finally heard back from her a week and a half before I arrived. Certainly she would know what had happened to Ben, but it would be a few days before I could ask her.


Ben and Elinore believed they’d have it made once they reached England, but by the second day in Kent, reporters stopped calling. There were no new offers to exhibit the jeep and no word from Hollywood. After a few days, the Carlins left for London. Within a week, their savings had dwindled to 50 pounds. They retired to a run-down hostel in the West End and reviewed their options.

After five years, they were just one-fifth of the way around the world, and the worst of the journey was ahead of them: war-ravaged Eastern Europe, roadless expanses of Middle Eastern desert, bandit-ridden Asia, and then the Pacific, the world’s largest ocean. Their plan of making money through exhibitions, magazine articles, and books had failed, and what little funds did trickle in went right back into keeping the jeep running.

Ben was starting to resent the exhibitions in particular and the people who attended them. Nobody really seemed to understand the journey. Many people simply thought the whole thing was a hoax. Meanwhile, Half-Safe had sentenced Ben and Elinore to a life of poverty, and they were growing weary of it.

“Now aged 39,” Ben wrote in August 1951, “I had lived from suitcase or kit-bag for 13 years; the travel urge was long satisfied and I yearned for a permanent hat-peg; a lawnmower, the pit-a-pat of footsies. If beforehand I had been persuaded that the trip would take longer than a year, I would have dropped it; now 5 years later I had barely started.”

If the Carlins were to continue, Ben would have to overhaul Half-Safe yet again—the jeep was literally falling to pieces. The metal superstructure had corroded from months of saltwater exposure, the frame was buckling, and the engine needed to be completely rebuilt.

Ben and Elinore’s marriage wasn’t in much better shape. Two weeks after landing in England, they separated. Whether they were drifting apart for personal or financial reasons isn’t clear. Elinore took a secretarial job with the U.S. Air Force in London, while Ben left for Birmingham to try to raise money. He moved into a boardinghouse room and took a job as a garage mechanic. He made plans to sell Half-Safe. The joke wasn’t funny anymore; the impossible journey seemed to be over.

But it wasn’t.

Ben tried but simply could not quit. In his time off from the garage, he continued plotting, thinking, tinkering. In the garage, he added larger fuel tanks to the jeep, refitted its brakes, and replaced the windshield with tougher tempered glass. The overhaul took two years.

In his letters and The Other Half, Ben gave plenty of reasons not to continue: debt, exhaustion, the near certainty that the jeep would give out entirely before journey’s end. He offered only one justification for trudging on, writing in typically overwrought prose:

Although a sweet-enough aria, Half-Safe’s Atlantic feat was no opera. There’s something peculiarly complete and satisfying about a circumnavigation; a magnum of champagne is manifestly more acceptable than glasses.

It was a psycho-facto that counter-tipped the imbalance: Of my past imbecilities the omissions rankled longer and stronger than the commissions: “If only I had grabbed that opportunity … taken a chance that time in … given that parboiled redhead one more break! Those are the pangs that gnaw in the night. Such an opportunity could never recur, and I’d kick holes in my coffin if I passed it up.

And so on the afternoon of April 20, 1955, Ben and Elinore climbed through Half-Safe’s back hatch once again. Elinore took her place on the cot, and with Ben behind the wheel they set off across the English Channel, past the White Cliffs of Dover toward France, back to the open sea and the open road.

Eight

Calcutta

August 1955

It had been four years since Ben and Elinore were last cooped up inside Half-Safe’s tiny cabin. By the time they landed on the beach at Calais, France, they both knew that four years probably wasn’t long enough. Richard Kaplan, a young documentary filmmaker from California, and John Simmons, a photographer for a London weekly newspaper, had joined them on the trip across the English Channel. Kaplan, who went on to become an Oscar-winning documentarian, told me that even that short trip with the couple was absolute hell. “It was miserable,” he said. “They were arguing the whole time, just yelling at each other. It was so bad, we sat on the roof to get away from them.” The next day, Kaplan and Simmons jumped ship.

Half-Safe rolled through Switzerland, then down to Verona, Italy, and on to Venice, where Ben and Elinore met with a throng of reporters. One asked if the Atlantic crossing had really happened and asked Ben to prove it. Others simply didn’t believe them. The journey was just too long, arduous, and insane to fathom. Half-Safe chugged on through Yugoslavia, and by mid-May the Carlins were in Turkey. This put them on track to cross the deserts of Syria, Iraq, and Iran at the start of summer—another miscalculation by Ben. Soon temperatures inside the cabin were reaching a sauna-like 150 degrees.

Ben pushed on, hoping somehow to outrun the heat, but it only got worse. Cabin temperatures reached 170 and 180 degrees, hot enough that the plastic boxes that held tools and spare parts softened and buckled. Nevertheless, by mid-August the Carlins had traveled 8,550 miles in 86 days. They had made it to India—though at a debilitating cost.

Elinore had lost 30 pounds, her hair was falling out, and she was constantly bedridden with stomach infections. As Half-Safe rolled through Jalandhar in India’s Punjab state, en route to Calcutta, she wrote in her journal, “Everything completely wet from humidity. … Yesterday’s wasp bite has swollen right arm … skin all round lips completely burned away—now peeling—mouth still ugly sight.”

In Calcutta, they settled into a friend of a friend’s apartment. In The Other Half, Ben describes this period of the trip as relatively enjoyable, but the correspondence in the Guildford archives suggests otherwise. Ben had contracted dengue fever and was bedridden for weeks. Elinore had a stomach flu that lasted a month. Broke again, Ben tried to sell the same Half-Safe story to two different magazines. The plan backfired when both editors realized what he had done and voided their contracts with him. In desperation, Ben sold the rights to Half-Safe to an American publisher, in violation of his contract with his English publisher, Andre Deutsch. Deutsch found out and threatened to kill their deal; Ben countered by accusing Deutsch of holding back advance payments for the book.

The Guildford archives contain a number of carbon-copied letters between Ben and a London lawyer named L. A. Morrow that suggest that Ben’s eccentricity was now turning into something darker. Perhaps the stress of the journey was wearing on him; perhaps it was the financial duress or simply the fever. Or perhaps it was a side of him that had been there all along.

Although Ben’s letters began professionally enough, within days they turned delirious and strange. He wrote that Deutsch was “an ambitious, unbridled egotist” with “little or no taste” and threatened him with numerous lawsuits. And this was all two months before Deutsch was to release Ben’s book. Meanwhile, Ben was spending his days obsessively taking apart Half-Safe’s engine and rebuilding it, though he knew it was in fine condition.

It was Deutsch, in fact, who bailed out the Carlins, suggesting that they ship Half-Safe to Australia for a book tour. Ten thousand copies of Half-Safe—a print run that suggested Deutsch’s hopes for a bestseller—were scheduled to hit Australian bookstores in October 1955, with 5,000 more to follow. A promotional tour, in addition to being good for sales, might be just the break that Ben and Elinore needed. Ben agreed, Deutsch sent expense money, and on September 19, Half-Safe set sail for Perth aboard the MS Carpentaria. For the first time in 16 years, Ben was going home.


The Australia tour was a disaster. Ben, Elinore, and Half-Safe made it to Perth in October, but the book did not—as it turned out, most of the bookstores where Ben and Elinore had planned to exhibit the jeep and sign copies never received their shipments. The few reviews that appeared were not favorable.

Ben accused Deutsch of plotting against him. In retaliation, he began charging exorbitant prices for viewings of the jeep and refused to cooperate with booksellers. In an effort to spite his publisher, Ben was sabotaging his own book, in the process throwing away his only real chance at profiting from the Half-Safe trip. His relationship with Elinore, meanwhile, was disintegrating again. By the end of the tour, she announced that she was leaving him. And this time she meant it.

On December 13, 1955, Ben rolled Half-Safe onto the MS Chakdina, a ship headed back to Calcutta. He would never see Elinore again.

Nine

Rangoon

February 1956

According to the British district commissioner in Rangoon, the road between the Burmese capital and the border of Thailand was impassable. “Your famous vehicle has not the slightest chance of covering the road successfully,” the commissioner, a young man in immaculate uniform, told Ben as he sat before his desk in the consulate office. “In plain fact, there is no longer a road. What there was has been destroyed by four monsoons. When I myself covered it last November, I saw two-foot-high boulders in the track. The army does not permit its ordinary jeeps to make the run.… Please turn back.”

Ben stifled a yawn, stood, and thanked the commissioner for his time, then left the office to prepare Half-Safe for the journey. He had no intention of heeding the commissioner’s advice.

The alternate route would involve traversing hundreds of miles of open water across the mouth of the Irrawaddy River, at the southern end of Burma. From there, Half-Safe would have to travel up an uncharted river and cross the Kra Isthmus into Thailand, where Ben would find well-paved roads for the next 300 miles of coastline. But this itinerary would add 500 miles and three months to the trip, an extension Ben couldn’t afford.

Instead, he borrowed maps and began charting his own straight-line path to Thailand. He would sail up the Gyaing River to Kyondo, a British army post west of the border. He would then take a 40-mile military road—the route the commissioner had advised against—from Kyondo over Victoria Point, the southernmost tip of Burma, to the border.

After six years in Half-Safe, Ben had grown numb to the warnings of officials. Elinore might have made him listen to reason, but she’d been gone four months. Just a month earlier, Ben had set out on his first trip alone, from India across the Bay of Bengal and the Andaman Sea. The route required him to spend as many as 20 hours a day, for five days, behind the wheel. “Having done something the hard way (with a crewman), one looks for a still harder way,” he wrote in The Other Half. To stay awake, he took methedrine tablets—first one, then another, then another.

One afternoon during the trip, Ben was staring at the lubber lines on the compass when he saw them twisting, apparently melting in the stifling heat. The compass itself flattened, then formed a sphere again. At its center appeared an image of Saint George, the dragon-slaying Roman soldier of legend. Now the compass lines were twisting and turning into the shapes of animals. Ben saw the face of a Hindu holy man glaring fiercely into his eyes. The man’s face kept expanding until it filled the dashboard. Ben swatted at the air to fend him off. “Damn!” he yelled.

Saint George, the animals, and the holy man disappeared. The compass was once again just a compass. It was the methedrine, Ben realized—he’d taken five tablets the day before and was finishing his 17th straight hour at the wheel. In the thrall of his hallucinations, he’d steered Half-Safe wildly off course. He cut the engine, dropped anchor, and collapsed onto the cot, shivering and sweating.

The Andaman crossing marked an ominous change in Ben’s habits. So far, most of Half-Safe’s travels, however dangerous, had been well planned. But since Elinore left, his judgment had grown erratic and, at times, suicidal.

His financial prospects, meanwhile, had collapsed further. When he reached Rangoon, a letter from Deutsch’s office was waiting for him, informing him that Half-Safe was not selling. Deutsch had ordered an initial print run of 20,000 copies for the English market, but now the publisher projected that no more than 3,000 or 4,000 would be sold. The rest were being dumped to a book club. Ben would see no more royalties.


A few days after Half-Safe reached Rangoon, officials in the southeastern outpost town of Kawkareik invited Ben and his new shipmate, a fellow Australian named Barry Hanley, to a farewell party before they attempted the military road over Victoria Point. The atmosphere was that “of a joyous wake,” Ben later wrote. “[T]he officers’ feeling seemed to be, ‘These boys are real triers. They are about to die on the road tomorrow. We must give them a good send-off.’”

The next morning, 15 Burmese officers escorted Half-Safe to the road in a military truck and watched Ben and Barry head into the jungle. As the road ascended into the foothills, the pavement turned to dirt. Further up the mountain the dirt disappeared, leaving only potholed bedrock. Boulders measuring 30 inches across appeared in the middle of the trail. To get past them, Ben had to balance Half-Safe’s tires on the least-eroded sections of the road for fear of getting permanently stuck between them. In a half-hour he covered only 100 yards. “The going was far worse than anything I had ever seen,” he later wrote. Then it got worse. “[A]ll sense of comparison was gone: beyond hellish and superhellish one’s power of description breaks down.”

Fatigue took over. Ben felt nauseous and drunk; the road began to taunt him. The jungle on both sides was a sheer, impenetrable wall of bamboo, brush, and vines. By afternoon, the temperature inside the cabin had reached 145 degrees. This went on for 10 hours.

The next day, Ben and Barry finally made passage over Victoria Point. Half-Safe had left Burma, and with it the most grueling overland segment of its route. Ahead of them were miles of relatively good roads through Thailand and Vietnam, then an easy crossing of the South China Sea to Hong Kong and on to the southern shore of Japan. They made the 2,500-mile trip to Japan in under five months.

On July 25, Half-Safe pulled into Kagoshima harbor, on the southern tip of the Japanese island of Kyushu. The water was as still as glass, reflecting a sky full of stars and the smoking crater of the Shinmoedake volcano. For Ben, Japan meant he was one step closer to completion; for Barry, it meant he could escape. He jumped ship and went back to Australia. Alone again, Ben was now looking at what he knew was his most serious obstacle: the Pacific Ocean.

Ten

Tokyo

July 1956

For the next nine months, Ben holed up in various cheap accommodations around Tokyo. Journalists would occasionally make pilgrimages to meet him there; among them were reporters from Time and Life, whose magazines had enthusiastically covered Half-Safe’s progress before. But the man they found barely resembled the swashbuckling adventurer who had thrilled their readers half a decade earlier. Ben had been drinking too much, and he seemed not just depressed and embittered but deeply broken.

Elinore was long gone, and she had taken much of the project’s appeal and innocence with her. Ben now seemed too eccentric, too crazy, too dangerously obsessed. Months later, Life canceled its article. The journey was taking too long, and the public, it seemed, had lost interest.

Ben, as always, was trying to scrape together the money for the next leg of the trip and refitting Half-Safe for its final sea voyage. He was back at it with Andre Deutsch, this time suing him for breach of contract over the dismal Australian book tour, during which only 6,149 copies of Half-Safe—barely a third of the 15,000 printed for the tour—had been sold. When Ben wasn’t writing angry letters, he was tinkering with the jeep, ripping its engine apart, rebuilding it over and over, and waiting.

Finally, in April 1957, he got a break: the Standard-Vacuum Oil Company agreed to fuel Half-Safe for the North Pacific crossing to Alaska in exchange for an 18-day promotional tour of Japan. Ben prepared to start his final overseas journey the following month, and he took on a new shipmate by the name of Boyé De Mente, an American magazine editor who had been living in Tokyo for several years.

De Mente later published his own book about his time aboard Half-Safe, called Once a Fool! From Japan to Alaska by Amphibious Jeep! His account, though not confirmed elsewhere, presents the most disturbing picture on record of Ben’s behavior. According to De Mente, Ben resented taking orders from his new oil-company sponsor. He started acting crazy, getting blind drunk and going on all-night rampages in the Japanese towns they visited.

De Mente recalled being awakened one night in a hotel room he shared with Ben. Someone was falling over him. The lights came on, and De Mente saw Ben, drunk, standing in the middle of the room wearing nothing but a kimono. Beside him was a woman in her late teens or early twenties, also in a kimono. Ben had thrown her on top of De Mente.

“It’s your turn now, mate!” Ben yelled, according to De Mente. De Mente begged off, saying the girl didn’t look like she was in the mood. Ben said that it didn’t matter, then opened the kimono to show off his bruised knees. The woman tried to run, but Ben pushed her back on the bed. Finally, hotel maids arrived and rescued her. De Mente looked over at Ben, who was passed out, dead to the world. Scenes like this played out every night for weeks.

Finally, on June 12, 1957, there were no more women, no more bars, no more hotel rooms—just Half-Safe’s little cabin, with Ben at the wheel, De Mente on the back cot, and the cold, gray Sea of Okhotsk ahead of them. They launched off the dock in Wakkanai, the northernmost city in Japan, and headed northeast. Half-Safe was at last underway across the Pacific.

It took only five days for the problems to begin. Half-Safe’s fuel supply was now kept in a large steel tank towed behind the jeep, and the rope connecting the two had become hopelessly knotted, pulling them close together. When the wind came up, the jeep and the tank began crashing into each other. Ben feared that if he didn’t unravel the rope, the tank might puncture Half-Safe’s belly and possibly sink the vehicle. The only way to clear the rope was to swim under the tank and remove it. So Ben dove overboard.

Even in summer, the water in the Sea of Okhotsk was about 30 degrees. Pawing at the rope, Ben quickly lost all sensation in his extremities. One of his fingernails caught on the rope, split, then peeled back entirely; he bit down on it and ripped it off at the quick. When he pulled himself onto the deck, his entire body was covered with red and blue splotches. He got back in the cabin, started the engine, and headed east.

Ten days later, in the middle of the North Pacific heading toward the Aleutian Islands, Half-Safe again stalled. Ben had driven the vehicle over a Japanese fishing boat’s net and knotted it around the propeller. The only way to free it was to once again jump in and do it by hand. Ben stripped and dove overboard, a knife clenched between his teeth. His hands went numb instantly, and he slashed wildly at the net, unable to feel whether he was connecting with his target. The fishing boat was about 100 yards away, hauling in a net full of salmon. Ben swam toward the vessel and climbed up the net. The crew lifted him out of the water with the day’s catch and deposited him on the deck, slick with fish blood.

Ben was naked and paralyzed by the cold. The fishermen tried to slap him back to life. They dumped more coal into the galley stove and poured diesel fuel over the embers, then pushed Ben toward the flames, wrapping him in a fur coat and urging him to warm himself with an enormous bottle of sake. Ben shivered and shook and slowly came to. Lifting his eyes, he saw Half-Safe in the distance, drifting away from him. The propeller was still not clear; to free it, Ben would have to swim back out and try again. He drank a liter of sake, grabbed one of the crewmen’s knives, and dove in. When he reached Half-Safe, he sawed everything in sight, finally cutting the propeller loose.

Ben pulled himself aboard and into the cabin. He sat on the cot, shaking as though he were electrified. He was unable to speak or move. Once he warmed up, he pulled his clothes on, urinated in a can beside the driver’s seat, shut his bloodshot eyes, and went to sleep. He woke up four hours later, yelled at De Mente for urinating in the can, kicked him out of the driver’s seat, and drove onward into the night toward Alaska.

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Half-Safe crossing the North Pacific Ocean, 1957. Photo: Guildford Grammar School Archives
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Ben Carlin aboard Half-Safe in the North Pacific Ocean, 1957. Photo: Guildford Grammar School Archives

Eleven

Anchorage

September 1957

As far-fetched as the fishing-boat incident seems, it appears in both The Other Half and De Mente’s book. By this point, De Mente wrote, Ben had lost his hold on the world outside of Half-Safe, outside of the journey. He was imagining arguments that never took place, demanding that De Mente follow his orders and then chastising him when he did.

Half-Safe reached Anchorage on September 3. De Mente quit as soon as he was on dry land. Alone again, Ben set off across Alaska. At long last, he was conquering the fifth and final continent of his journey. Having waited years for this moment, he expected elation. Instead, he became terribly depressed. “With no more oceans to cross,” he later wrote, “my life was ended.”

The little world contained within Half-Safe’s steel walls had become a refuge from relationships, responsibilities, jobs, other people—and now it was on the verge of disappearing. If Ben made it back to Montreal, he’d have to start playing by other people’s rules again. “I faced return to the jungle of life as a civilian—servilisation; I would have to learn to be polite to painful numbies and to either rhapsodize or lament over the ever tiny thing,” he wrote. For years he had worried that he would never complete his odyssey; now he worried that he would.

For eight months, Ben traveled alone around the U.S., though there is little record of where he went. From his correspondence in the Guildford archives, I learned that he spent a month in Hollywood working on a film deal that never materialized, then crashed Half-Safe in a ditch after a night drinking at a friend’s house in San Francisco. He zigzagged from California to Texas to Missouri. One afternoon in Detroit, he stopped by the Ford Motor Company’s headquarters to show off what he called “the most extraordinary automobile (judged on performance) that Ford or any other manufacturer had ever produced.” The company’s public relations chief didn’t even bother to step outside and look at Half-Safe.

Ben wandered on, driving through Ohio and upstate New York. In Buffalo, an attendant at a service station became engrossed in the map of Half-Safe’s travels that Ben had painted on the jeep’s exterior. Had Ben actually been to any of those places? he wanted to know. Still, nobody seemed to believe him. He drove on, up to Canada, as if he couldn’t bring himself to finish the journey.

Finally, on May 13, 1958—seven years and 10 months after he set out across the Atlantic—Ben drove west toward Montreal, where he and Elinore had stopped in 1948. He was older now, 45, gray in the beard, and heavier. Over the past decade, Ben had traveled 39,000 miles over land and 11,000 miles over water. He had crossed four oceans and five continents to become the only person in history to circumnavigate the globe by both land and sea in the same vehicle—a distinction he still holds.

It had been a decade of planning, rebuilding, marriage, divorce, dysentery, dementia, abject poverty. Eight years of driving, breaking down, and driving some more, across sun-scorched deserts and hurricane-ripped seas, through bouts of insanity and back again. But Ben had somehow made it. He had lodged himself in one of the wilder corners of history.

As the jeep rumbled into town, there was no parade, no press, no applause to greet him. Not even the Batteys, Mac, or Elinore had shown up to welcome him. Ben was totally alone. He turned off the engine and started walking, with no particular place to go.

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Ben Carlin in the1960s. Photo: Guildford Grammar School Archives

Twelve

Perth

November 2011

Although there were hundreds of photos from Ben’s circumnavigation in the Guildford archives, there were only a few of his life during the years that followed. It was as if he had simply stopped existing after he arrived back in Montreal. The picture on the last page of the last photo album showed a much older man, overweight, sitting in a chair with a pipe in his mouth, a forced smile on his face. It took me a moment to realize it was Ben.

Ben died in 1981, Elinore in 1996. The correspondence between them after the circumnavigation was nasty. In July 1961, Ben tried to convince her to give up all the rights to the Half-Safe story; her remaining share of them, he believed, was preventing him from selling his second book. In one letter to her lawyer, he rehashed romantic arguments from their earliest days in India, and he insisted that “never did I as much as tell her that I loved her.”

Elinore returned fire, writing in a letter later that month: “I don’t propose to have any correspondence with you. What little is necessary I trust you can take part in a sane and more polite manner. I do regret that you seem to have lost all sense of proportion and humor.” She would later marry an airline pilot she and Ben had met during their stopover in Madeira.

The only living link to the Carlins that I’d found was Deirdre, Ben’s daughter, who had agreed to meet on my last day in town. She was living in Perth, working downtown as an administrative assistant at an investment firm. If I stopped by her office, she said, she would be happy to talk.

When she stepped out of the elevator and into the lobby, I had no trouble recognizing her. She was tall, with Ben’s strong chin, brown eyes, and sardonic smile. I was full of questions. In particular, I was curious about Ben’s whereabouts from the end of his trip to his death. Deirdre smiled. “Oh, so am I,” she said. “The book is basically all I knew about my father.”

Deirdre was born in 1964, when Ben was 52 and her mother, a woman named Cynthia Henderson—Carlin’s third wife—was 21. The family was living in Arlington, Virginia, but Cynthia left Ben before Deirdre was born. As far as Deirdre could remember, he never visited. The first time Deirdre heard from him was in 1978, when she was 14 and studying at a boarding school in England, and received a letter from Perth. “Dear Deirdre,” it began:

This is a strange way for us to meet after so many years.

Five years ago I retired to Western Australia. A little under three years ago, when I was about to return to the States, I was hit by a stroke which paralyzed my left side. When I was in hospital a second stroke knocked out my ability to write with my right hand.

By Christmas 1976 I had just about recovered when a third stroke paralyzed my right side; this time there was to be no nearly complete recovery. In July 1967 [sic] I went to the States expecting to recover largely. But there was no more major recovery; nor will there ever be. I cannot talk intelligibly except to those who know me. I cannot walk without crutches. I cannot write or direct my hands properly. I cannot cook.

Ben tried moving into a nursing home, but “after two days there I decided it was no place for me; I returned to my still unsold flat.” He rarely left the apartment, living off of Meals on Wheels deliveries and food donations from a neighbor. The previous August, in 1977, he suffered a fourth stroke. “I am pretty useless,” he wrote.

Sweetheart, There is a great deal to tell you but I want to be sure that what I have to tell you reaches you; I SHALL NOT EMPLOY ANY TRICKS TO REACH YOU. Everything will be quite above board, and nobody can call me a liar. There is no way of your ever seeing me unless you come here or to the States. If your mother doubts my abilities or intentions she should write to me. Have the Social Security cheques been reaching you? I have two things connected with the registration of your birth that you should have and I have for you some photographs, the manuscript of a second book, and the names and addresses of two relatives.

And I shall not die penniless.

Your loving father,

Ben

Deirdre put the letter in a drawer. Every few months, she would unfold it, read it, and put it away again. In January 1981, when she was 17, she decided to write Ben back. She was about to leave boarding school; it was time to meet her father.

Three months later, she got a response from Perth. “Oh God, I was just so excited,” she told me, smiling at the memory. “Can you just imagine? I was going to meet him, I was finally going to see my father! I just had so many plans.”

The letter was written on Ben’s typewriter and stationery, but it wasn’t from him. It was from his neighbor, writing to inform her that Ben had died of a stroke a month earlier. He died alone, without any knowledge that his daughter knew he existed. After a decade of waiting to hear from her, Deirdre’s letter to him had arrived two weeks too late.

In 1987, David Malcolm, the president of Guildford, called to invite Deirdre, who was then living in London, to come to Perth. Guildford had decided to publish Ben’s manuscript for The Other Half of Half-Safe, and Malcolm wanted Deirdre’s help editing it.

On the Guildford campus, the headmaster led Deirdre to a curious machine—it appeared to be half jeep and half boat. In hand-painted script on the port side was a name: Half-Safe.

The vehicle had been rusting away in a barn in Ohio, where Ben had abandoned it 20 years earlier after reaching Montreal. Guildford had located the jeep in 1984 and had it brought back to the school, where it would be kept on permanent display.

This was the first that Deirdre had heard about her father’s extraordinary journey, and she was dumbfounded. Her mother had never mentioned it. Now she was surrounded by artifacts of a family history she’d never known.

Ben’s friends around Perth took Deirdre in. They told her stories of Ben’s wild sense of humor and his wilder sense of adventure. And they gave her one of his battered briefcases. In it she found a collection of visas he had gathered on the Half-Safe voyage. “Just gorgeous things,” she told me, “the way they used to do them back in those days, handwritten and elegant.”

Beneath the visas was a carbon copy of a letter that she recognized immediately: It was the letter he’d sent when she was 14. There were several others, too, all addressed to Deirdre, that she had never received. Ben had been sending her letters her entire life, since she was a baby. They’d never gotten to her, apparently intercepted by her mother until she left home for boarding school.

At the bottom of the briefcase was a photographer’s contact sheet, a grid of tiny portraits. Deirdre was shocked: They were photographs of herself, at age 4, posed in a green velvet party dress, holding a beach ball, with a broken front tooth. They had been taken at the request of a man whom she was told was her uncle Fred. They had spent a single day together in London, visiting the zoo and Selfridges department store. Though she didn’t know it, it was the only day she would ever spend with her father. Ben had carried the pictures with him for the rest of his life.


It seemed as if the two halves of Ben’s adult life were, in a way, sad reflections of each other: a failed quest for the world’s affection followed by a failed quest for his daughter’s. Although Deirdre had read Ben’s books and seen the jeep, she had never actually looked through the archives, never seen the photographs and letters I had just spent a week poring over. It was a strange feeling to be sitting there, telling her the details of his forgotten life. After an hour, we said good-bye. I walked out in the pouring rain back to my hotel room and mulled over what I had learned in the past week.

Ben never made it into the canon of the 20th century’s great adventurers; it wasn’t where he belonged anyway. His quest was a send-up of the earnest heroes of his age—the peak baggers, the continent explorers, the gender-barrier busters. “By nature I am an ornery SOB in that I cannot bear to follow the mob.” he wrote. “So, when men go to sea in ships, I take a vehicle; when they tackle continents in automobiles, I prefer a boat.”

Ben was weird, and his quest was weird, which is perhaps why it didn’t resonate in the 1950s and exactly why it resonated so strongly with me. He was a deeply flawed, obsessive contrarian—and a postmodern hero ahead of his time. He took a well-worn category of adventure—a circumnavigation—and subverted it so completely that it seemed new again. In this he was perhaps a grandfather to those of us who were born too late to discover the Arctic but might be the first to try surfing it.

Of all the discoveries I made in Guildford, none baffled me more than a letter I found from 1968, sent to Ben by a woman in Perth named Gwen Hall. In it Hall related that her husband had been on a fishing trip with a friend along the north coast of Perth when they found “half a cuttlefish with some printing on it” on the beach. On the shell was written “1948 Ben Carlin Half-Safe.”

Ben, then living in Washington, D.C., wrote back almost immediately. He recalled drifting helplessly 300 miles off the coast of New York in the summer of 1948, during Half-Safe’s fourth failed attempt to cross the Atlantic. He admitted having no recollection of writing his name on a cuttlefish shell, but if it happened, he recalled, it would have happened at this time. That would mean the shell had traveled some 20,000 miles across two oceans, in defiance of their currents, over two decades, to land 200 miles from Ben’s birthplace of Northam. A totally implausible journey—but, then again, so was driving a jeep around the world.

Ben never shied away from his own mythmaking; he relished it. Despite his jokes and self-mockery, there was little doubt that he, too, wanted to matter the way the great explorers mattered—to make his mark on history. Digging through the archives, it was clear that he took this dream to his deathbed. He had scrupulously catalogued his letters, photographs, even receipts from his years aboard the jeep. It was as if he was stuffing his whole story into a bottle and casting it out to sea, hoping that it might reach someone someday who would care. 

Agent Zapata

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Agent Zapata

A reporter unravels the sequence of events that led to the death of a U.S. federal agent in Mexico.

By Mary Cuddehe

The Atavist Magazine, No. 19


Mary Cuddehe is a writer in New York. Her work has appeared in Rolling StoneMonoclePoderThe Los Angeles Review of BooksThe AtlanticThe Nation, and The New Republic, among other publications. She is a graduate of Columbia University’s Graduate School of Journalism.

Editor: Charles Homans

Producers: Olivia Koski, Gray Beltran

Research and Production: Nadia Wilson

Cover and Interior Illustrations: Daniel Hertzberg

Music: Morricone Youth

Fact Checker: Thomas Stackpole

Copy Editor: Sean Cooper



Published in October 2012. Design updated in 2021.

One

Early in the afternoon on February 15, 2011, two U.S. Immigration and Customs Enforcement agents drove south on Federal Highway 57, through the foothills of the Sierra Madre Oriental in central Mexico, in an armored Chevrolet Suburban. The day was perfectly clear, and the agents could see for miles.

Jaime Zapata was behind the wheel. Thirty-two years old, reedy and loose limbed, he was known for his wide grin and practical jokes around the ICE offices in Laredo, Texas, where he was based. Victor Avila, riding shotgun, was his near opposite: a serious, even intimidating veteran agent with a wife and two children. The men had similar backgrounds. Both were Mexican-American, were bilingual, and had been raised in Texas border towns, where, it is sometimes said, a kid growing up has two career choices: become a cop or become a criminal.

At dawn that morning, they had set out from Avila’s apartment in Mexico City, winding north through the rambling outskirts of the city toward San Luis Potosí state. At a meeting point along the highway, two agents from the U.S. consulate in Monterrey were waiting for them, and together the four men loaded the SUV with equipment that Zapata and Avila were supposed to bring back to the American embassy. There were about a dozen boxes in all, enough to fill the entire length of the Suburban except the front seats. The men said their good-byes, and Zapata and Avila turned back toward the capital.

Avila had been working in the ICE attaché office in the American embassy for a year and a half. Zapata was new, on temporary assignment, only nine days removed from his post in Loredo. At around one in the afternoon, he called Stacye Joyner, his girlfriend back in Texas, on his cell phone. They were still hours from Mexico City then; he surveyed the road ahead, the yellowed grass and big sky. “What does it look like?” she asked him.

“It looks like Texas,” he told her. “I’ll send you a picture.”

Two

The building that houses ICE’s Laredo headquarters, one of the tallest in the city of 240,000, has all the architectural verve of a regional bank office—a desert-hued box with a few decorative urns and a patch of grass out front. That drab exterior conceals one of the U.S. government’s busiest hubs on the country’s southern border. Not only ICE but also the Drug Enforcement Administration, Federal Bureau of Investigation, and Customs and Border Protection each occupy a floor. ICE alone has about 100 men and women working out of Laredo. By early 2011, the agency—which is the main investigative arm of the Department of Homeland Security—had gotten so big that Laredo was sending agents like Zapata to the U.S. embassy in Mexico City to shore up its investigations.

As Zapata was barreling down Highway 57, his colleagues in Laredo were gathering in a brightly lit conference room for an all-hands meeting. At the front of the room was Jerry Robinette, the special agent in charge of the swath of south Texas from San Antonio to the border. Robinette, a short, bald man with a white moustache, was infamous among his subordinates for extending the standard tenure in Laredo from three to five years. It was an out-of-the-way place with crummy food and little entertainment to speak of, a far cry from their colleagues’ posts in Southern California and Miami. But what Laredo lacked in amenities, it made up for in action. The bridges that connect the city with its Mexican sister, Nuevo Laredo, and Interstate 35, the highway that runs north from Laredo to Texas’s major cities, are crucial infrastructure for the outlaw industries that ICE is charged with combating: human trafficking, drug running, money laundering. 

That afternoon, Robinette and the other managers were outlining their plans for the year. As the gathered agents shifted listlessly in their chairs, Robinette’s BlackBerry pinged. So did the manager’s next to him, and the others on down the line. One by one they glanced at their phones, then filed out of the room. The agents waited uneasily. “It was like, cricket-cricket—what’s going on?” one of them later recalled. When the bosses returned after a few minutes, they were stone-faced.


Minutes earlier, Zapata and Avila had been driving outside Santa María del Río, a small town in southern San Luis Potosí, when two SUVs sped past them down the highway. There were at least eight people inside the vehicles, and as they passed Avila saw that they were holding their guns in plain view. He had a good idea of who they were. Monterrey, 350 miles to the north, was a base of operations for the Zetas, a rogue paramilitary force that had split off from the Gulf drug cartel the year before and had since become the most feared criminal organization in Mexico. The Zetas had set themselves apart from the competition with their uncommon brutality, massacring migrants, detonating car bombs, and hurling grenades into crowds. Lately, they had moved into San Luis Potosí.

The SUVs disappeared down the road. But soon they reappeared on the horizon, still traveling in the same direction but now moving very slowly and occupying both of the southbound lanes, as if one were overtaking the other. The agents’ car got closer. Suddenly, one of the mysterious SUVs dropped back and tucked in behind Zapata. The other swerved in front. Instinctively, Zapata stepped on the gas and rammed the vehicle ahead of theirs, but it was too late. They were trapped.

Forced to a stop on the shoulder of the highway, Zapata put the Suburban in park. The gunmen poured out of their vehicles and fanned around the agents, screaming at them in Spanish to open the doors. The agents were nervous but assumed they were safe: The Suburban, they knew, was a veritable tank, armored by the British defense contractor BAE Systems to withstand automatic gunfire and fragmentation grenades. They hunkered down to wait out the attack. Then one of the assailants tried the handle on the driver-side door. It was hard to say who was more surprised, the men inside or the men outside, when it opened.

Placing the vehicle in park had automatically unlocked the doors. It was a handy feature found in the best new American cars—and one that no one had bothered to disable in the bulletproofed SUV. For a moment everyone froze, then Zapata lunged to close the door. By the time he got it shut, however, the agents realized that, in the commotion, one of them had inadvertently lowered the passenger-side window—just a crack, but enough for the men outside to jam the barrels of what looked to be a 9-millimeter pistol and an assault rifle into the gap. Avila yelled that they worked for the U.S. embassy, that they were Americans, as if the words were a shield.

The SUV erupted with gunfire, and a bullet tore through Avila’s left leg. The noise was deafening, and he singed his hands as he tried to push the gun barrels out of the vehicle. But the assassins must have decided that they couldn’t quite reach him from where they stood. They withdrew, and Avila was finally able to roll up the window. The men fanned out around the SUV once more, firing at least 80 more rounds. The Suburban shook, the back panel began to splinter, but the bulletproofing held. And then, as fast as they approached, the hit men drove away.

Zapata put his foot on the gas, lurching the car forward, but quickly slumped over in the driver’s seat. He had been hit several times at close range, and his femoral artery was severed. Avila pressed his hands over Zapata’s heart. He searched in vain for a place on his body to apply pressure, anywhere he could stanch the bleeding. Almost nothing was left of Zapata’s right side.

“I’m going to die,” Zapata told him.

“No, you’re not,” Avila said. “I’m calling for help. You’re going to be fine.” There was a distress signal hooked up to the Suburban’s GPS, he thought, but it didn’t seem to be working. On a cell phone, he started calling every number he could think of for backup. Finally, someone picked up one of the phones on his desk at the embassy, and the chief of the federal police dispatched a helicopter.

Cars hurtled past on the highway, none of them stopping—no one was about to get involved in a shoot-out. At one point, Avila later said, an ambulance pulled over and a man got out and approached the car, walking through the bullet casings surrounding the Suburban. He said he had come to help, but Avila, terrified that the man was another assailant in disguise, refused to get out of the vehicle. The ambulance drove off, and Avila and Zapata were alone again.

In the conference room back in Laredo, the bosses delivered the news. There had been an ambush in central Mexico, the assembled ICE agents were told, and it appeared that one of their own, Jaime Zapata, had been involved. The room went quiet. Not knowing what else to do, the agents clasped hands and began to pray.

After 40 minutes, Avila was still waiting along the highway. His ears were ringing, his left leg swelling up like a balloon filling with air. The nice young agent he had just met sat beside him, folded over in his seat. Jaime Zapata was dead.

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Illustration: Daniel Hertzberg

Three

A few hours later, Mary Zapata was in her bedroom scratching a lottery ticket when her husband, Amador, burst in. Outside, government-issue SUVs were lining up in the driveway of the small white house with olive trim where the couple lived in Brownsville, Texas.

Later, she would recall what happened next in fragments. There were the agents from her son Jaime’s ICE office in Laredo coming through the doorway; “He’s been injured,” she remembered one of them saying. There were the family members and friends filtering into the living room, the agents writing down names and numbers, talking on their phones, closing off the street outside. And there was the knock on the door to the bathroom, where she had barricaded herself to make a phone call. It was her eldest son. “Jaime’s dead,” he told her.

Over the next week, the Zapatas proceeded numbly through the kind of rituals that follow a public death. President Barack Obama called the house to offer condolences. When Jaime’s body finally arrived at the Brownsville airport, in a coffin draped with an American flag, a long motorcade accompanied it to the funeral home. On the morning of February 22, more than 1,000 mourners crowded into the city’s event center for the funeral Mass. Attorney General Eric Holder, Homeland Security secretary Janet Napolitano, and ICE director John Morton all offered eulogies. Zapata had served “the cause of justice and the rule of law,” Napolitano told the crowd. “We must and will eradicate this scourge that took his life,” Holder said. Together they watched as Victor Avila, his wounds hidden beneath a dark suit, was rolled in a wheelchair to the side of Zapata’s coffin, where he laid a single flower.

The following day, the Mexican army raided four Zeta safe houses in San Luis Potosí and emerged with six men they claimed had taken part in the attack. They were presented that afternoon at a press conference in Mexico City, handcuffed and dressed in the kind of reflective orange vests that highway construction workers wear, led before the cameras by grim-eyed soldiers whose faces were concealed behind balaclavas. In the center of the group was the alleged ringleader, a lantern-jawed San Luis Potosí native named Julian Zapata, known among the Zetas as El Piolín (Tweety Bird). In custody, the authorities said, he had already confessed to participating in the attack on the ICE agent of the same name.

In Mexico, the announcement was something of a disappointment: Rumors had been circulating that the army had arrested a Zeta leader of far greater significance, perhaps Jesus “El Mamito” Rejón, the regional boss and the highest-ranked narcotraficante on the DEA’s most-wanted list, or Miguel “Z-40” Treviño, one of the gang’s two leaders. El Piolín was not much more than a local thug. At the press conference, facing a barrage of camera flashes, he appeared at times to be smirking.

Four

I visited Jaime Zapata’s parents’ home for the first time a little more than a year after their son’s funeral. Mary, a tall and poised woman with a round face and short brown hair, answered the door and invited me into the living room. After a few minutes, Amador, her shy, avuncular husband, shuffled in quietly and sat on the couch beside her. The inside of the house was all white, even the floors. Sun flooded through a skylight overhead, illuminating the rustic Spanish-style furniture.

Their son’s death had been an anomaly. In the past six years, the drug war has claimed at least 60,000 lives in Mexico, including those of plenty of U.S. citizens: a Texas missionary shot in her pickup truck on a Tamaulipas highway, an American consulate employee and her husband gunned down in the street in Ciudad Juárez. Until last year, however, not one of them was a U.S. federal agent. A retired DEA agent told me that, of the 500 Mexican traffickers he had interviewed over the course of his career, not a single one had ever admitted to targeting Americans. “It’s simply not done,” he said. “It’s bad for business.” A high-level cartel informant offered a similar assessment. “In Mexico,” he told me, “the word is, you fuck with an American agent, you’re through.”

Still, it seemed like a straightforward enough case of gangland murder—and I had come to Brownsville to find out why it hadn’t turned out that way at all. Within days of Zapata’s funeral, the circumstances of his death had become the subject of government stonewalling and political controversy, thoroughly webbed over with conspiracy theories and rumors. Zapata’s parents were as confounded as anyone. By the time I arrived at their home, they had become frequent guests on television news programs in the United States and Mexico, plaintively asking that the U.S. government provide them with the still-disputed details of the events that had led to their son’s death.

Sitting on the couch, the Zapatas seemed at once exhausted by and seasoned in the interview process. Mary was the family narrator, and Amador struggled to get in a word. At one point, he leaned back and let out a loud sigh. “This has turned our lives upside down,” he said.

Mary is 62 and Amador is 65; both are retired from jobs in the public sector, Mary as a secretary for child-protective services and Amador as a livestock inspector for the Department of Agriculture. They married in 1972, following a yearlong courtship that began when Amador was in the Army and Mary, at the urging of Amador’s aunt, a family friend, began writing to him while he was stationed in Vietnam. Like many Tejano families, the Zapatas had deep ties in Mexico and crossed the border often. After their first son, Amador III, was born, in 1973, the family moved to the Gulf state of Veracruz, where Amador took a job eradicating screwworm from local cattle. But the Zapatas found that they missed Texas. By August 1977, Mary was pregnant again, and they moved back to Brownsville. The following spring, Jaime Jorge Zapata was born, a beautiful blond boy with velvet eyebrows.

The Zapata children—ultimately five boys in all—grew up roaming the lush lowlands of the Rio Grande delta, learning to hunt and fish and earning Boy Scout badges. The family was tightly knit; Jaime in particular grew close to his mother and in time developed an almost parental concern for his younger brothers. By middle school, he was dark haired and tall, approaching six foot four, a physically imposing but still ungainly teen whose friends called him Dick Arms and Goofy.

After high school, Zapata went to San Antonio State University, where he majored in criminal justice, though he spent most of his time drinking beer and playing PlayStation. Back in Brownsville, he had taken a breezy approach to his studies—his friends remember him as the kid who could drink anybody under the table, who loved taking weekend trips to the nearby spring-break mecca of South Padre Island—and was smart enough to get decent grades without trying too hard. College was different, though, and four years later he returned to Brownsville, degreeless and adrift. “I think it’s time that you settled,” his mother told him. “You’ve already partied enough.” By then his elder brother Amador was working as a special agent with Customs and Border Protection. Jaime took stock of his own life and reenrolled in school, this time at the University of Texas at Brownsville, graduating four years later with a criminal justice degree.

His first job in law enforcement was as a U.S. Border Patrol agent in Yuma, Arizona, prowling the desert for coyotes. Less than a year later, in the fall of 2006, a position with ICE in Laredo came open. In the frontier-security hierarchy, patrolmen are the grunts. Working for ICE was a step up. Zapata had to go to Georgia for six months of training, but he figured it was worth it. He would be an investigator now—using his brains, not his flashlight.

Five

Zapata arrived in Laredo in October 2006. His first assignment was investigating human-trafficking networks. After a year in the Arizona desert, it felt good to be back in south Texas, and the new job offered an appealing mix of competition, adventure, and adrenaline. Zapata was well liked by his colleagues, even if they grumbled about his enthusiasm, which sometimes looked a little too much like brown-nosing. (“He was always volunteering for shit,” one ICE agent recalled.) As a teenager, he had always been the first kid to jump into the cold swimming pool; now he was the first agent to rush through the door on a raid. He became known for his soothing bedside manner—he was the guy to whom frightened targets, particularly women, warmed first. One of Zapata’s coworkers recalled an ICE raid on a house in Laredo used by a criminal ring that bused illegal immigrants across the bridge into Texas using counterfeit immigration papers. When the agents barged through the door, the woman inside was so terrified that she urinated on herself and refused to speak with anyone—until Zapata arrived. “She was like, ‘I don’t want to talk to you. I want to talk to him,’” the agent said. The woman’s statements “sealed everyone up, absolutely sealed the deal on everyone.”

At the time, agents in Laredo were working on the periphery of a war that had yet to be declared. Two months after Zapata arrived in the office, Mexican president Felipe Calderón, limping from a tough election, would send 4,000 soldiers and police to his home state of Michoacán to fight the drug cartels that had taken control of the region—the first major government strike against the country’s narcotraficantes and the official beginning of the conflict that has since consumed whole regions of the country. But in Nuevo Laredo, the city just across the Mexican border from Zapata’s new post, normal life had begun to erode several years earlier. As recently as 2002, it was common for residents on both sides of the border to move freely between the cities, the Americans taking advantage of Nuevo Laredo’s bargain dentists and booming discos. By 2006, however, many residents from the U.S. side hadn’t “gone across” in years; the sister city had become a forbidding and sinister place.

On a map, Laredo and Nuevo Laredo look like a single sprawling metropolis, shaped like a cowboy boot. Nuevo Laredo is the westward-pointing toe, separated from its American sibling by the sluggish brown expanse of the Rio Grande. Nuevo Laredo contains more than half of the cities’ population, packed into a quarter of their total area.

The cities are connected by five bridges, over which some 1.5 million trucks and 5 million cars pass each year, comprising the country’s busiest commercial land crossing—and an important node in the global black market. Customs agents in Laredo inspect vehicles traversing the river but can’t thoroughly check them all. When I visited the city last spring, a retired DEA agent drove me to a long-haul crossing and parked his car. “You see that?” he said, pointing at the line of rigs queued up at the bridge. “There’s definitely a load. There is always a load.”

In one form or another, illicit substances have been smuggled across the border as long as the United States has deemed them illicit. Opium and marijuana cultivation in Mexico dates back a century. During Prohibition, Mexicans set up borderland bars to cater to wayward gringos. Mexico was, in fact, the first of the two countries to ban marijuana, but by the 1970s the U.S. had surpassed its neighbor in passing and enforcing antidrug laws, and the modern trafficking system was born.

In the 1980s, the trade in heroin, marijuana, and cocaine was controlled largely by the Guadalajara cartel and its legendary leader, Miguel Ángel Félix Gallardo, known in Mexico as El Padrino, the Godfather. By then the U.S. was closing off the Caribbean routes that smugglers had used to move cocaine from Colombia into south Florida, shifting them overland across Mexico. Colombia’s crackdown on Pablo Escobar and other kingpins helped shape the transition. Opportunities to ferry contraband into the U.S. grew exponentially after 1994, when the North American Free Trade Agreement dramatically increased the flow of goods across the border, and in the wake of Mexico’s 2000 election, when seven decades of rule by the Institutional Revolutionary Party came to a close. As political power was decentralized, drug-trafficking organizations began to flourish like never before.

Today, the majority of the marijuana and methamphetamine produced in Mexico is sold in the U.S., and most of the cocaine from Andean countries like Colombia and Peru moves through Mexico on its way north. The more than $1 trillion the U.S. government has spent on the drug war since the early 1970s has proven no match for the market effects of its citizens’ appetite for narcotics. Estimates of the total value of the industry vary wildly, starting under $10 billion, but they range as high as $40 billion—about what Americans spend on wine each year.

Up until the 1990s, the drug trade at the Laredo crossing was the province of freelancers. Then, as the decade drew to a close, a trafficker named Osiel Cárdenas took the helm of the Gulf cartel, which controlled the regional drug trade from its base in Matamoros. A 32-year-old former mechanic who rose quickly through the Gulf ranks, Cárdenas earned the nickname the Friend Killer after he assassinated his associate and rival Salvador Gómez to secure the leadership of the cartel.

If Cárdenas was ruthless, he was also an innovative businessman. The future of the Gulf cartel, he saw, lay in controlling access to the lucrative I-35 corridor, which runs north from Laredo and would enable his organization to reach major distribution hubs like Dallas and Houston. But Cárdenas was also facing territorial incursions from the west by the Sinaloa cartel, the largest player in the Mexican drug trade. To counter the threat, he built an elite security detail, hiring away deserters from the Mexican army’s special forces. (At least one of the twenty-odd soldiers had likely been trained by the U.S. Army, according to a State Department cable later released by WikiLeaks.) The new enforcers called themselves the Zetas.

Wherever Cárdenas went, his soldier protégés went, too. The Friend Killer felt that a little extra protection was never a bad thing. Not only was he fighting to keep his territory, but he had also been on the FBI’s Ten Most Wanted list since a 1999 confrontation with a pair of federal agents in Matamoros, in which Cárdenas’s gunmen had surrounded the Americans’ car; Cárdenas himself had screamed obscenities at them, waving a gold-plated Kalashnikov. He was arrested and extradited to the United States four years later, following a gun battle with Mexican special forces soldiers. His bust fed into a myth of exceptionalism: U.S. agents, virtually alone among the players in the increasingly chaotic drug war, were off-limits.

After Cárdenas’s arrest, the Zetas—who by then had come to rival the Gulf leadership in power and allegiance—had no boss to guard anymore and dispersed to various towns and cities, extending their influence. “Each one became a leader,” says a high-level informant who worked for the Gulf cartel under Cárdenas. “If they had stayed bodyguards of the new boss of the cartel, this whole wave of violence in the country wouldn’t be happening.” In 2010, the Zetas finally split from the Gulf and quickly wrestled control of Nuevo Laredo away from their old employers.

Today, the Zetas run the city’s downtown from a red adobe building with arched doorways a few blocks from the pedestrian bridge to Texas. No longer content merely to traffic drugs, they have diversified into kidnapping (though they rarely return the kidnapped), extortion, and human trafficking, among other pursuits. Nuevo Laredo shopkeepers wishing to stay in business must pay the Zetas a tax to do so or risk mortal consequences. Zeta lookouts in T-shirts and jeans are ubiquitous, posted opposite the bridge and eyeing everyone who spills off.

The morning I crossed over myself, in May, I was the only gringa in sight. The man I was with, a local dentist I’ll call Luis, was nervous about the attention I might attract, and he grabbed my hand as we stepped off the bridge. In Zeta-occupied Nuevo Laredo, the rhythms of normal life and flashes of barbarism exist alongside each other with jarring incongruity. In one of the town’s central plazas, children were performing a Oaxacan dance. They wore burlap sacks over their heads, with big eyes and lips painted on them, and their parents laughed and snapped pictures as the giant faces spun and hopped around. Then Luis and I turned a corner and passed the husk of a building still smoldering from a fire. “What was that place?” I asked. Luis just shrugged, guiding me to the other side of the street. He estimated that Nuevo Laredo’s population had dropped 70 percent in recent years. I balked at the number. “It’s true,” he said. “Everyone who can leave has left.”

That afternoon, a car bomb exploded in front of a police station, wounding 10, and I learned that someone had set fire to a disco the night before. Curious if it was the building I had walked by, I tried searching for images online but found none. For Mexican journalists, reporting on the drug war has become nearly as hazardous as fighting it, and much of the country’s once dogged local coverage has been replaced by a frightened silence. A few days after my visit, Zane Plemmons, a Texas photojournalist on assignment in Nuevo Laredo for the Mexican newspaper El Debate, disappeared; a receptionist at the hotel where he was staying told his family that armed men wearing masks had cleared his belongings out of his room.

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Six

After a few years, Zapata’s hard work paid off, and he was invited to join ICE’s elite Border Enforcement Security Task Force. The job pulled him deeper into the workings of the vast criminal economy spanning the river. Now he was probing gun-trafficking rings, drug smugglers, and money launderers—virtually anyone and anything that could be considered a threat to American interests. That summer, Zapata’s team intercepted 80 firearms en route from Phoenix, by way of San Antonio, to the Sinaloa cartel. On another occasion, he led ICE agents in a raid on a ranch off a dirt road south of Laredo, where a large stash of cocaine had been hidden in a cement bunker. A photograph from that day shows Zapata, who had jumped into the hole ahead of his colleagues, holding up a bundle of white powder and grinning.

Zapata’s cases could last months; at the height of a probe, it wasn’t unusual for him to pull an 80-hour week. The pressure could be overwhelming, and he tried to keep the mood light around the office. “If you’re stressed out, just do a little picture, man,” he would say. Photoshopping the faces of colleagues onto the bodies of models and movie stars, he taped up the results over their desks. To unwind he bought a boat, which he took out fishing on Laguna Madre Bay whenever he could. He formed a competitive barbecue team with a few guys from the office, inviting a couple of agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives to join and christening the squad Fire and Ice. He maintained his college affinity for video games, playing epic sessions of Call of Duty 4: Modern Warfare; they helped him with his work, he swore to Joyner, his girlfriend.

Still, by late 2010 the pace was beginning to wear him out. Sometimes he fantasized about leaving it all behind, retiring to a big ranch and raising a brood as a stay-at-home dad. Then the job in Mexico came up. Zapata was ready for a break. He signed up right away.

As his transfer date approached, Zapata started going for long runs on the looping, windswept roads by his condo and eating salad, eventually shedding 25 pounds. He told Joyner and his parents that he wanted to be strong and fit just in case but assured them that his life wouldn’t be in danger. He would be riding a desk at the embassy: American agents there provided intelligence, training, and equipment but were not supposed to participate in field operations. And although the drug war had ravaged much of the country, Mexico City had remained remarkably untouched. The U.S. embassy sat on Reforma Avenue, a treelined boulevard full of public art and ritzy hotels. Barricades surrounded the perimeter, and visitors had to pass through two levels of security to get in. “I’ll be working out of the embassy,” he told his mother. “I’ll be driving an armored vehicle. My friends have gone and they’ve come back.”

The night before Zapata left, the Pittsburgh Steelers were playing the Green Bay Packers in the Super Bowl, and he and Joyner went to a party at another agent’s house. As usual, he beelined for the kitchen and spent most of the night there. There was nothing he loved more than this. Looking back, friends remembered him as relaxed and cheerful that night, as if the stress of the grind in Laredo were falling away.

The next morning, Joyner drove him to the airport, and they sat down for one last meal together at an airport restaurant. Joyner picked at her eggs. She was less enthusiastic about his assignment than he was. There was the vague sense of danger, but mostly she wasn’t looking forward to their being apart for three months. Finally, Zapata stood up, wrapped his long arms around her one last time, and disappeared through the security gate.

Seven

Zapata spent the next few days meeting new colleagues at the embassy, going shopping, and checking out the bars in the capital city. On Sunday, February 13, he toured Teotihuacan, the ancient holy city of the Aztecs, climbing one of the pyramids and lingering at the top, stretching his arms toward the sky. Back at the hotel the following evening, he called Joyner. He hadn’t had much to do yet, he told her, and he was anxious to get started. But things were picking up—he was going on a mission in the morning.

That afternoon, Ricky Gonzalez, the agent from Laredo whom Zapata was replacing in Mexico City, had said that he wasn’t able to go to San Luis Potosí for a scheduled meeting with agents from the consulate in Monterrey. Zapata, as usual, volunteered. (Although ICE has refused to comment on the nature of Zapata’s assignment, several government sources familiar with the case told me they heard it was “some kind of wiretap”—a possible explanation for the equipment, widely rumored to be surveillance gear, that Zapata and Avila were dispatched to collect. One source believed that the target of the wiretap was the Zetas.) The next day, he and Avila set out early from Mexico City, hoping to beat the morning rush hour.

It was unclear how the agents first caught the attention of the cell that attacked them. Julian Zapata, the Zeta whom the Mexican police eventually apprehended, would later claim the ambush was a mistake. He and his men, he said, mistook Zapata and Avila for rivals in an armored SUV. Although landlocked San Luis Potosí was of little obvious import to the cartels, it had recently become a flashpoint as the struggle between the Gulf cartel and the Zetas had intensified and moved south. From 2009 to 2010, the number of recorded homicides in the state jumped 55 percent to 752.

The Zeta’s answer was a convenient one—better to call the first murder of an American agent in decades an accident. But there were reasons to believe he might have been telling the truth. An organized hit seemed unlikely; Jaime Zapata had newly arrived in Mexico and had volunteered for the mission on short notice. The Suburban had diplomatic plates, but the cartel informant I spoke to laughed off the possibility that the Zetas allegedly involved in the hit—unsophisticated recent recruits—would have known what to make of them. “These guys are hicks who didn’t go to school,” he said. “They’re from the hills, from the countryside. They don’t know what a diplomatic plate is.”

Accidentally or otherwise, the Zetas had kicked a hornet’s nest. Presidents Obama and Calderón both expressed outrage and promised that justice would be done. Mexico put up a $1 million reward for information and quickly began an investigation. Eight days later, they rounded up Julian Zapata and his five alleged accomplices. Zapata was quickly extradited to the United States.

There were officers on the American side who believed the arrest to be one of political expedience. “I don’t even know if he’s the triggerman,” one retired law-enforcement officer familiar with the case said of Julian Zapata. “But hey, we got somebody! Who cares! We can check that box.” At the press conference in Mexico City, local reporters were quick to note that one of the six men paraded before them had bruises on his face and seemed to have trouble walking, though El Piolín himself appeared to be unscathed. But authorities on both sides insisted they had the right men. The story might well have ended there but for one thing: The raids in Mexico had also yielded weapons. And at least two of them had come from Texas.

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Illustration: Daniel Hertzberg

Eight

Hours after Jaime Zapata’s funeral on February 22, agents from every federal law-enforcement agency in the United States began knocking on doors across the country. Earlier dragnets in the drug war had been narrowly targeted, with the aim of rolling up a single cartel’s operations north of the border. Operation Fallen Hero was different. Feds and local police in all 50 states were instructed to pull every warrant they had for anyone with a connection to any cartel—the government was after not just the Zetas but the entire drug-trafficking industry. There was a “schoolyard mentality” to the raids, Carl Pike, the head of the DEA’s special operations division, told CBS News. “A bully comes up and pushes you, and if you don’t push back, you’re a victim. We’re pushing back.”

In the space of a week, 676 arrests were made across the country. In New Jersey, agents seized $1 million in cash. In Houston, authorities hauled in $750,000, 322 pounds of marijuana, and 28 pounds of cocaine. And in the Dallas suburb of Lancaster, ATF agents paid a visit to the home of a man by the name of Otilio Osorio.

A stocky 22-year-old, Otilio was living with his elder brother Ranferi, a former Marine who had been discharged honorably in 2009 after tours in Iraq, Afghanistan, and Africa. Shortly after leaving the service, Ranferi Osorio’s estranged wife later testified, he had gone into the business of buying and selling guns as a means of supporting his family.

From there it was a short path to lucrative dealings with Mexican criminals willing to pay top dollar for American guns. The practice of straw purchasing, in which a U.S. citizen with no criminal background makes the buy, is one of the principal means—if not the principal means—by which gangs like the Zetas arm themselves. No one knows how many guns cross the border illegally, but a 2009 report by the U.S. Government Accountability Office found that over 87 percent of the firearms linked to violent crimes in Mexico and traced over the previous five years originated with U.S. dealers. A straw purchaser could be anyone. They are, by definition, the kind of people no one would be watching.

The Dallas office of the ATF first received reports that the Osorio brothers were buying weapons late in the summer of 2010, according to reporting by Hearst Newspapers, but that fact alone wasn’t enough to cause alarm or warrant a special investigation. The Osorio name turned up a second time on September 17, 2010, when a WASR rifle and a Draco pistol that had been seized in La Pryor, Texas, en route to the border, had been traced back to Ranferi. An ATF office in New Mexico had requested the trace, but the results were never sent to Dallas.

Otilio Osorio seemed unalarmed when the ATF showed up on his doorstep on February 24, and he invited the agents inside, according to later court testimony. Guns in various stages of disassembly were lying around the house in plain view. Osorio told the agents that he was a Draco specialist, a man who bought and fixed up weapons. After a brief conversation, the agents left Osorio to his work. Whatever the brothers were up to, it didn’t appear to be enough to justify an arrest.

That same day, the ATF requested trace results on three weapons that had been recovered in San Luis Potosí during Julian Zapata’s arrest. Mexican authorities had matched them to the attack on the Suburban through ballistics testing, but the serial numbers had been effaced, and the weapons were sent to a special ATF lab with the technology to recover the numbers. On February 25, the trace results came in: One of the weapons was a Draco, a Romanian AK-47 pistol that had been sold in October 2010 at a gun show in Fort Worth, Texas. The buyer’s name, according to the gun dealer’s records, was Otilio Osorio.


Three months earlier, on the morning of November 9, 2010, Otilio, Ranferi, and a next-door neighbor named Kelvin Morrison had stuffed a cache of semiautomatic assault rifles into duffel bags and driven to a Walmart off the interstate in Lancaster. It was early enough that the parking lot was nearly empty, save for a red truck—a battered old commercial wrecker, its cab held together with baling wire. The driver who emerged from the cab was a courier who had spent the previous day exchanging phone calls with the Osorios and buyers for the Zetas in Nuevo Laredo.

The brothers pulled up next to the truck and popped the hood on their red Ford Explorer. They connected jumper cables to the truck’s battery to make the exchange look innocuous. As they loaded the bags, the courier told them that the drive to Laredo would take about eight hours. “Let them know what time I left,” he said. “They’re expecting these things down there in a certain amount of time.”

“You be careful,” Ranferi told him. “I’ll see you in the next one.” The three Americans got back in the Explorer and drove away.

Unbeknownst to the dealers, federal agents had been watching the handoff. Once the Explorer had gone, agents from Dallas tailed the Osorio brothers while a team from Laredo followed the truck. Safely out of view of the Osorios, the truck pulled to the side of the road, and the agents jumped in back. The courier was actually an ATF informant, who had been wired with a pen camera throughout the transaction. His ruse yielded 40 weapons in total—each with a bright silver strip where the serial number used to be.

The Dallas team stayed with the Explorer for a couple of hours, waiting until the vehicle made a routine traffic violation to pull it over. Instead of arresting the Osorios and Morrison, however, the ATF agents simply took down their information and let them go. The agency declined to comment for this story, but Thomas Crowley, an ATF spokesman, told reporters in May that the stop was part of another criminal probe. “Taking them down and arresting them at that time,” he said, “would have possibly jeopardized that investigation.” An ATF agent named Hector Tarango would later testify that his office had merely been assisting the DEA that morning. Another DEA source told me that the sting was part of a DEA operation in Laredo; the ATF had agreed not to interfere. “This was not their case,” he said. “This was our case.”

In any event, the ATF agents initially failed to fill out the paperwork for the handoff at the Walmart. After the Draco used to kill Zapata was traced back to the Osorios, however, they finally did. Three days later, authorities returned to the Osorios’ house with an arrest warrant. There they seized rifles, grinders, a vice, and a can of black spray-paint—the makings of a smuggler’s workshop.

Nine

Zapata’s murder, as it happened, was not the only killing of a federal agent that would be tied to a botched gun bust. Two months before his death, a U.S. Border Patrol agent named Brian Terry had been killed in a shootout with gunmen—believed to be Mexican bandits—in Peck Canyon, Arizona, near the Mexican border. The two semiautomatic rifles found at the crime scene were later traced to firearms dealers in Phoenix, and it emerged that the straw buyers who’d purchased them had been under surveillance by the ATF. They were targets of an operation called Fast and Furious—reportedly because the suspects liked to drag-race cars in the desert—and were known to be smuggling weapons across the border.

Several weeks after Terry’s death, a Phoenix ATF agent named John Dodson contacted Senator Chuck Grassley, the ranking Republican on the Senate Judiciary Committee, with an explosive allegation. Dodson claimed that his superiors had deliberately allowed the Fast and Furious guns to “walk” across the border as part of an attempt to map out the smuggling network that armed the Sinaloa cartel. Instead, the weapons had simply gone missing in Mexico, eventually turning up in the hands of Terry’s killers.

The notion that the U.S. might have willingly armed Mexican cartels was obviously alarming, and as Dodson became more outspoken and the Justice Department refused to provide a satisfying explanation, Fast and Furious mushroomed into a full-blown scandal. Conservative media outlets covered it obsessively—and for the Republican lawmakers who had taken the reins of Congress’s investigative committees in January after four years out of power, it offered a golden opportunity to hold the Obama administration’s feet to the fire. Two weeks before Zapata’s murder, Grassley had written to Kenneth Melson, the acting director of the ATF, first demanding information about Fast and Furious, and then, in a follow-up letter, accusing the ATF of “retaliation against whistleblowers.” On February 28, 2011,  Attorney General Eric Holder finally asked Justice Department inspector general Michael Horowitz to investigate Fast and Furious.

It was in this politically charged atmosphere that the Justice Department announced the arrest of the Osorio brothers and Kelvin Morrison on March 1. As in the investigation of Terry’s murder, the central question was whether weapons that could have been intercepted by federal agents had ended up in Mexico rather than an evidence locker in Texas. Otilio Osorio had bought the pistol used to kill Zapata less than a month before handing off a shipment of guns to an emissary for the gang that had killed him. Had the Draco been in the next shipment he sent to Mexico?

The Justice Department’s official announcement of the arrest was vague on this score. It detailed the November sting operation in the Walmart parking lot, and acknowledged that one of the guns used in the assault on the ICE agents’ vehicle had been purchased in October by Otilio Osorio, but carefully avoided drawing any connection between the two. “We saw the press release, and the press release was very curious,” one of Grassley’s committee staffers told me. Three days later, the senator’s office sent the first of another series of letters to Melson—this time about the Zapata case. “How can we know that [the gun Osorio bought] did not make its way down to Mexico after the November investigation,” it read, “when the arrest of these three criminals might have prevented the gun from being trafficked and later used to murder Agent Zapata?”

In May, ICE invited the Zapata family to fly to Washington, D.C., to attend National Police Week, the annual ceremony for the families of fallen law-enforcement officers. At ICE headquarters, John Morton, the director, showed them around. A three-dimensional plaque honoring their son had been installed near the entrance to the building. Further inside was a second Zapata plaque made of crystal, and they stopped to place red roses at its base. On the third floor, they were met by the agency’s top brass, gathered in the newly dedicated Jaime Zapata conference room.

Beneath the formalities, however, was an unspoken tension. Back in Texas, the Zapatas had hired a pair of attorneys, Benigno Martinez and Raymond Thomas, who had traveled with them to Washington. At first the family had simply wanted help closing their son’s estate as they struggled to put their lives back together. Amid “the hype,” as Mary described it, of the funeral, it seemed as if the entire federal government were there to help them. Then the agents left their living room, the SUVs with their tinted windows pulled out of the driveway, and the Zapatas were alone. Mary felt like she was sinking into the ground. She wasn’t really sleeping anymore, only two or three hours a night at most. One night after another she would sit up in bed, turn on her laptop, and type “Jaime Zapata ICE agent” into the search engine.

It was during one of her midnight searches that Mary first came across the Osorio brothers and the details that had gradually emerged about their story. In March 2011, Grassley’s investigators turned up mentions of Ranferi Osorio and Kelvin Morrison in ATF records from September 2010—suggesting that, contrary to the language of the Justice Department press release about their arrest, the agency had reason to suspect the Osorios were trafficking weapons long before the gun that killed Zapata was purchased. On March 3, an editorial appeared in the Dallas Morning News demanding that the ATF “provide a full accounting” of gun walking “that may well have contributed to two American law enforcement deaths.” Mary wanted answers, too. She had seen the coverage of the Fast and Furious saga on TV and wondered, What about my son? Did something like that happen to my son?

Before the Zapatas left for Washington, Martinez and Thomas had set up meetings with Grassley and Representative Darrel Issa, chairman of the House Committee on Oversight and Government Reform, Congress’s main investigative panel. “By May,” Thomas told me, “we had questions.” The Zapatas had not been allowed to view the report on their son’s autopsy or even been told the number of times he was shot. They still did not know why he had been sent to San Luis Potosí in the first place. In fact, they knew virtually nothing about the final moments of his life—not officially, anyway. The FBI was investigating the murder but had not shared its findings. With few facts to grab onto amid the swirl of rumor and conjecture, the Zapatas found themselves entertaining even the most absurd speculations. “Did Victor kill him? I just don’t know,” Mary later told me. There was no evidence to suggest he had, but still, “Your mind goes crazy.”

When the family and their attorneys met Issa in his office, the California Republican vowed to find out if there was any connection between Zapata’s death and a gun-walking program like Fast and Furious, and suggested that the attorneys file requests for the government records of the case through the Freedom of Information Act. A few weeks later, Martinez and Thomas mailed a letter to the FBI, the U.S. attorney in south Texas, and three ICE officials. “There are so many different stories regarding what happened that day as well as the different factors that may have contributed to Jaime’s death,” it read. The Zapatas “need your help to find closure.” A few weeks later, the first responses began to arrive. One after another, the requests were denied.

There was, of course, a witness. Victor Avila and his family had also been invited to Washington for National Police Week. The Zapatas had not seen him since he had placed the flower on their son’s coffin in Brownsville, and their attorneys had been trying to contact him without success. “There was no communication,” says Thomas. Though he was with the Zapatas during the tour of the memorials at ICE headquarters, within earshot of all the agency higher-ups there was never a chance for them to talk candidly.

Then, one afternoon in late November, the phone rang at Thomas’s desk in McAllen, Texas. “I nearly fell off my chair,” he told me. The caller was Magdalena Villalobos, a personal-injury lawyer in Fort Worth. She was also Avila’s twin sister, and she wanted to talk.

Ten

From the moment the helicopter whisked him away from the scene of the attack, with Zapata’s body laid out beside him, Avila had been a wreck. At the hospital in San Luis Potosí, surrounded by medical personnel and officers he had never met, he was petrified, certain that at any moment the killers would find him there. He had no idea why they had come for him and Zapata on the highway. But the cartels had eyes and ears in so many government institutions that surely tracking him to the local hospital would be easy.

He had been wary of the mission from the start. Zapata had jumped eagerly at the assignment, but Avila, with his greater depth of experience on the embassy detail, wondered why they were being sent. According to his account of events later related in court filings, Avila confronted his and Zapata’s supervisor in Mexico City, Juan Gelista, with his concerns. The U.S. embassy had a courier service for exactly this kind of work, he pointed out—why couldn’t the equipment simply be flown via diplomatic pouch?

The planned ground route, which crossed the disputed border between Zeta and Gulf cartel territory, struck Avila as too dangerous to be worth the unnecessary risk. Less than a month before, embassy employees had received a memo detailing the hazards posed by the cartels in the area. An advisory from the consulate in Monterrey seven months earlier had warned that the “location and timing of future armed engagements cannot be predicted” throughout northern Mexico and specifically advised against traveling in SUVs, the type of vehicles favored by carjackers. Even San Luis Potosí, six hours to the south, seemed to be getting worse; the day before, authorities there had responded to reports of a firefight on Highway 57 and arrived on the scene to find a still-burning car. An ICE official in Monterrey had warned Avila about an uptick in cartel activity along the exact stretch of highway he and Zapata would be traveling.

According to Avila’s account, Gelista took his concerns seriously enough to break into a meeting between ICE’s attaché in Mexico City and his deputy, Anthony Salisbury, to discuss them. Salisbury seemed irritated at the interruption. “I am not aware of any security issue,” he told Gelista, according to Avila. “This is the first I hear of it.” The mission went ahead as planned.

After the attack, Avila was sent to Houston for medical treatment. From there his family was moved from place to place, never returning to Mexico City. By the fall of 2011, he had begun to recover from his physical injuries, but the trauma of the attack had left him unable to return to work. Finally, he asked Villalobos if she would represent him. “Things began to simmer down a little bit, and he began to digest what happened,” she told me. He thought the mission had been reckless; the memory of it “was eating at him and eating at him.” After Thanksgiving, Villalobos invited Thomas and Martinez to meet her at her office in Fort Worth, and they started planning their strategy.

If anything, the thicket of questions surrounding the incident was growing denser. On January 30, 2012, federal prosecutors in Houston sentenced a man named Manuel Barba, who, like the Osorios, had been caught trafficking guns to the Zetas, including a Century Arms 7.62 semiautomatic rifle that had been in the possession of Zapata’s alleged killers when they were captured in San Luis Potosí. Barba, a pudgy meth dealer, had been running a weapons-smuggling operation out of his mother’s kitchen in Houston; the rifle in question had been bought by an Iraq War veteran named Robert Riendfliesh at a pawn shop in nearby Beaumont and stripped of its serial number by Barba, then shipped along with nine other guns to the Zetas. Like the Osorios, Barba had been a fixture in recent ATF gunrunning probes: Witnesses kept identifying him as a source of weapons. Yet several months had passed before Barba, already awaiting trial on drug-distribution charges, was finally indicted for trafficking firearms. A warrant had been issued for his arrest the day before Zapata’s murder.

Barba’s guilty plea was never publicly announced, and it was weeks before reporters found out about it. Mary Zapata had only learned of it by happenstance, one night while she was awake in bed with her laptop, searching online for information about her son. That the family had not been informed through official channels felt like an affront. The Zapatas’ attorneys requested that the family have the opportunity to testify during sentencing hearings for Barba but were denied on the grounds that the link between the case and Zapata’s death was too distant. This perceived exclusion was the final straw. Not long after, the family agreed that Martinez, Thomas, and Villalobos should begin drafting a lawsuit.

Eleven

On a warm afternoon in April, I drove to Beaumont to visit the pawn shop where one of Barba’s smuggled guns had been bought nearly two years earlier. JJ’s was a windowless box in a seedy strip on the edge of town. The interior was dark, with a line of rifles on the back wall. Behind the register was a man who looked to be in his sixties, wearing a blue JJ’s shirt, a pair of shorts, and white socks pulled up to his calves. It was clear I didn’t belong there, and there wasn’t much point in being coy, so I introduced myself and asked if I could ask him a few questions about the rifle from JJ’s that had been found in the possession of a federal agent’s alleged killers.

The man looked me up and down without moving his head, then put his feet up on the counter. “No, thanks,” he said. Another employee, a dark-eyed giant, placed his hands on a glass case filled with weapons. Noticing some faded Donna Summer and Wham! cassettes by the register, I made an awkward stab at small talk: “Don’t sell a lot of those, huh?” The seconds ticked excruciatingly by. Finally, the man in shorts stood up. He wore an enormous brass belt buckle and, on his left hand, a diamond-encrusted ring. “There’s nothing that beats an intelligent conversation between two knowledgeable people on a subject,” he said. And with that, he showed me the door.

I wasn’t sure what even a less hostile gun dealer in JJ’s position would have said. On the first anniversary of Zapata’s death, a local TV station in Dallas had interviewed Jim Terrell, the dealer who had sold Otilio Osorio the Draco used in the murder. “That breaks my heart,” Terrell—a former law-enforcement officer himself—said. But he was quick to point out that “we always strive to go above and beyond in our screening process” and that he scrupulously documented his gun sales.

Which, in a way, was the point. The longer I looked into the case, the more it seemed like even the most damning of the scenarios that might have led to Zapata’s death—in which the ATF willingly let guns end up in the hands of the Zetas—was overshadowed by the sense that Zapata’s death, or one like it, was simply waiting to happen. The larger failures of the governments on both sides of the border—of the U.S. to curtail the easy access to high-powered weapons, of Mexico to stamp out the corruption that had allowed the cartels to rule much of the country with impunity—were the culprits that no one wanted to blame. The gun dealers surely knew this much: If it hadn’t been their weapons, it would’ve been one of the thousands of others that slip across the border every year. If it hadn’t been Jaime Zapata, it almost certainly would have been someone else.

The following month, I visited the ICE headquarters in Laredo. In the hallway on the second floor, I passed a bronze bust of Zapata, paid for by the Friends of Jaime Zapata, a local charity. It had been unveiled in a ceremony the day before, on what would have been Zapata’s 34th birthday. Mary and Amador Zapata had dutifully attended, even though they had recently appeared on CNN questioning the government’s silence. They looked tired and left quickly after the ceremony. The next day they were returning to Washington for another set of memorials; it was National Police Week again.

Jerry Robinette, the special agent in charge of the office, had given me clearance to talk to a handful of Zapata’s colleagues, though the attack itself would be off-limits. In any case, he told me, there was only “a small circle” who really knew what happened. I was directed to a tiny room with a two-way mirror, where I waited for the 11 people who had signed up to talk to me. A barrel-chested ex-Marine with an anchor tattooed on his biceps walked in and sat down. Javier—like most of the agents—asked me to use his first name only. Between sips from an energy drink, he told me about his time working with Zapata, expounding enthusiastically on Zapata’s prankster reputation and barbecuing skills. But when I asked why he thought Zapata’s family had had to struggle to get answers, he just shrugged.

Another agent walked in, the man who had hosted the Super Bowl party that Zapata had attended the night before he left for Mexico. The two had been very close, Rick said. They had taken trips to the beach; they went fishing together all the time. Rick had even gone to Mexico after Zapata’s death to work at the embassy. But before I could get to the obvious question, he cut me off. “I didn’t learn anything,” he insisted.

That seemed unlikely, and I said so. “You’re a professional investigator,” I said.

“I really don’t know what happened,” he said, getting up to leave.

I was beginning to feel like a visiting therapist, someone the cops were ordered to talk to whether they wanted to or not. The clipped, closely circumscribed answers I was getting were surely, at least in part, a matter of self-interest—the agents’ boss, after all, had instructed them not to tell me much. But there was a genuinely speculative edge to their responses. It occurred to me that Zapata’s own colleagues might not have been part of the small circle, either.

In June, Zapata’s parents’ lawyers held a press conference in Brownsville to announce that they were suing the federal government for $60 million over the wrongful death of their son. Avila had joined them in the suit and filed a separate claim for $12 million. “Jaime was murdered by narco-traffickers,” the claim read. “But the reckless acts and omissions by ICE, ATF and FBI created the opportunity for his death to occur.” A government operation, the lawsuit alleged, was “responsible for allowing … weapons to walk into the hands of known killers.”

In the weeks I spent talking to them, the Zapatas seemed bewildered by what had happened to them, paralyzed by their grief and ill-equipped to navigate the suddenly complex world they inhabited. “I’m just a nobody,” Mary said at one point, telling me that she worried she wasn’t “even educated enough to demand or question or get to the bottom of this.” At the same time, I could see their story becoming more polished, their delivery more poised. They were surrounded by advocates now: the attorneys trying to extract a small fortune from the government, the congressional investigators looking for ammunition for their battles with the Obama administration, even a public relations firm hired by their attorneys to drum up interest in the lawsuit in the media. It was hard to say whether it was getting them any closer to the one thing they cared about. “I don’t know,” Mary told me in September, “if I will ever know what really happened.”

I thought back to the afternoon I had spent with the Zapatas in their sunlight-flooded living room. As they were talking, I began to notice the photographs on the walls. Above the couch was a picture of Jaime, in a suit and tie, standing beside an American flag—the official portrait that had appeared in the stories about his death. Then I noticed a second copy of the same picture, then another and another. I counted seven in all. Mary plucked a photo album from the table and started thumbing through it. “That’s Jaimito. That’s Jaime. This is Jaime in the tractor. That’s Jaime. Jaime and Santa Claus. That’s him. He was very tall, long legs,” she said. She lingered on a photograph of him on his new boat, holding up a big catch and smiling. “There’s a lot of pictures of Jaime and fish.”

She showed me a china cabinet filled with Jaime Zapata commemorative coins and buttons, the cowboy boots he’d had engraved with his initials. Finally, she pointed to a cast-iron plaque above the dining room table that was engraved with Jaime’s name and badge number and a biblical verse, Matthew 5:9: “Blessed are the peacemakers, for they shall be called sons of God.” The plaque was so heavy, Mary told me, that it required four men to lift. “It’s beautiful,” she said, gazing up at it. “It’s perfect.”

Angel Killer

A true story of cannibalism, crime fighting, and insanity in New York City.

The Atavist Magazine, No. 18


Deborah Blum is a Pulitzer Prize–winning science writer and the author of five books, most recently The Poisoner’s Handbook: Murder and the Birth of Forensic Medicine in Jazz Age New York. A professor of journalism at the University of Wisconsin-Madison, she has written for Scientific American, Slate, Tin House, The Wall Street Journal, and The Los Angeles Times, among other publications. She is currently working on a book about the history of poisonous food.

Editor: Charles Homans
Producers: Olivia Koski, Gray Beltran
Research and Production: Nadia Wilson
Fact Checker: Alex Carp
Copy Editor: Sean Cooper
Footage: Edited from Manhattan (1921), courtesy of the Internet Archive
Music: “A Pretty Girl Is Like a Melody”, written by Irving Berlin, performed by John Steel (recorded 1919)
Special Thanks: the New York Public Library



Published in September 2012. Design updated in 2021.

One

He listened for the angel. It was out there, he knew. He knew the brush of its wings, its warm whisper. He could almost see the air change, that seep of blood red as it floated away. A man could learn to like that color.

The ferry docked in Port Richmond on Staten Island, and the Gray Man stepped out into the bustle of fishing boats and factory workers. He walked through the waterfront business district, down the wide avenues framed by 19th-century mansions. It was all wrong here: The sun shone too brightly, the sky gleamed like clear blue glass. So he kept going. He wanted the shadows for his work.

He was hunting out of his usual habitat that afternoon of July 14, 1924, away from the Manhattan alleys and tenements he knew so well. He kept walking, looking for the right place. A mile went by, then a few more, until he found himself amid a clutter of working-class wood-frame homes, shaded against the sunlight by leafy plane trees.

Walking down the long stretch of Decker Avenue, the Gray Man hesitated in front of a  house where a little boy played on the front porch in view of his mother, who saw the stranger pause. Anna McDonnell was a policeman’s wife, wary of strangers. But the man in his shabby jacket looked harmless enough, smiling slightly. He tipped his hat and walked on.

There was a moment, as he walked away, when she felt a shock of nerves. His hands were squeezing open and shut as he walked, she would recount later, and he seemed to be exchanging bitter words with the summer air. She hesitated. But the man moved on, and she turned away and went into the house.

She didn’t see the stranger return. By now her 8-year-old son Francis had joined a ball game down the street, and the stranger walked over to the boys, calling out a question. Francis, always friendly, came over to answer. A neighbor later saw the little boy walking toward a nearby wooded lot, trailed by a grizzled older man—just a drifter, perhaps, looking for a place where he could spend the night.

Francis had not come home by suppertime, and his father, Arthur, still wearing his blue patrolman’s uniform, went out to look for him. But the boy couldn’t be found. McDonnell called his colleagues at the police station, alerting them to his missing child. By morning a panicked search had commenced, with police, neighbors, local businessmen, even Boy Scouts fanning out across Staten Island looking for the boy.

A trio of Boy Scouts, tramping through the wooded lot near where the boy had last been seen, made the discovery. Francis McDonnell’s body lay under a pile of branches and leaves. The child had been stripped below the waist, beaten, and finally strangled with his suspenders.

The hunt for Francis’s killer continued for weeks, then months. It was Anna McDonnell, meeting with reporters, who gave him his name. “Help us catch the monster who murdered our little boy,” she begged. “Help us find the gray man.”

But the Gray Man knew they wouldn’t find him. He would vanish as he always did, a smudge in the air, blown away on the wind.

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Two

“If I catch the killer,” Arthur McDonnell promised after joining the search, “I’ll not harm a hair on his head.” The detectives in charge of the case might have wondered whether an angry, grieving father was the best choice for the search team, but at the moment they had bigger problems. “It looks like a long job because of the absence of clues,” Captain Ernest Van Wagner, chief of the New York Police Department detective bureau on Staten Island, told The New York Times. “It is one of the most difficult cases in my experience of police work.”

The police did what they could. They followed up on letters and phone calls from local residents, searched cellars and wood sheds, interrogated the vagrants known to drift through town parks. Van Wagner sent his men to investigate the nearby city poor houses, hoping that the killer had seeped out from somewhere in those collections of human flotsam and jetsam.

Such a manhunt might have caught a more conventional killer, one with some connection to his victim, or to Staten Island. But the Gray Man was something different altogether. He had learned not to repeat himself, not to linger in one place. His methods, his motives, and the sheer horror of his crimes would reveal to New Yorkers how little they knew not just of murder but of the human mind.

In 1924, no standard term existed to describe those who killed with no apparent motive except perhaps the pleasure of the act. Newspaper journalists had been trying out the description thrill killer. Police and students of the developing field of criminology preferred a less sensational description, but one that also recognized the essential coldness of such murderers. The term that was beginning to take shape in criminal justice circles was stranger killers.

Stranger killers operated so far out of the normal scope of murderous behavior that they often eluded police detection for years; this was an era, after all, in which even major urban police departments like New York’s lacked tools as basic as a centralized fingerprint database. Well-known examples included Chicago’s H. H. Holmes, executed after murdering and dismembering more than 27 people during the 1890s, and Belle Gunness, who vanished in 1908 after killing some 40 people and reputedly feeding pieces of their remains to the hogs on her Indiana farm. For many, the official terminology still failed to capture the basic horror of their stories. These were killers known to the public as monsters out of mythology: Holmes, the Arch-Fiend; Gunness, the Female Bluebeard; Peter Kürten, the Vampire of Düsseldorf, who slaughtered more than 20 people in the 1920s with weapons ranging from scissors to axes and then drank their blood.

Multiple murderers were nothing new, of course. The legend of Bluebeard, the mythical multiple wife killer, was supposedly inspired by the deeds of a French nobleman, Gilles de Rais, who was hanged in 1440 after being convicted of luring more than 100 young boys to their deaths in the well-protected privacy of his estates. But the formal study of the criminal mind was new, dating back only to late–19th century Europe. (In the United States, the first professional periodical on the subject, The Journal of Criminal Law and Criminology, started publication in 1910.) The new criminologists warned that modern urban life—with its impersonal factories, impoverished ghettos, and isolated existences—created new opportunities for stranger killers. They urged more preventive measures, from increased police patrols to the treatment of society’s “moral degenerates.” And they worked to assemble a rough portrait of the killers who were never satisfied with just one victim.

The murderers were mostly white males—women like Gunness were a rare exception—and underachievers. They tended to do poorly in school and struggled to hold jobs. They often grew up in troubled homes, the children of alcoholics, of vicious mothers or abusive fathers. Mental illness coiled through their family histories, in the form of brothers, uncles, or parents who’d been locked away in lunatic asylums.

Some of them, like Holmes, seemed chilled to the core. Others blazed with hate, in the way of Carl Panzram. Gang-raped as a child, shuttled from home to institution, the Minnesota-born Panzram described his life plan in six words: “steal, lie, hate, burn, and kill.” He proudly admitted to 21 murders in the 1920s, a litany of children and adults who had annoyed him. As he awaited execution in 1930, Panzram mocked his own hangman: “Hurry it up, you Hoosier bastard. I could hang a dozen men while you’re fooling around.”

But Panzram, who simply killed when the mood took him, was unusual. Most stranger killers obsessed over their own special kind of victim—women or men, boys or girls—with a peculiar intensity. The Gray Man dreamed of his dead. And they were always, always children.

Three

On good days, he could even see the angels. He could see Christ sometimes, too, floating nearby in the kitchen, emerging from a closet, a shimmer of gold and light. He could hear the holy voices whispering in empty rooms, muttering their incantations of blood and children, children and blood.

The weather on the afternoon of February 11, 1927 had turned cold, so 4-year-old Billy Gaffney and his friend Bill Beaton, a year younger, brought their games inside. Both their families lived in an old eight-apartment tenement house at 99 15th Street in Brooklyn. The boys’ happy racket drew a neighbor boy out of his own apartment, hoping to join the fun. When he arrived, however, he found only an empty hallway.

When the building residents went looking for the boys, they found that a trapdoor to the roof, usually blocked shut, had been left open. Billy Beaton stood alone by the opening. He and his friend had been up on the roof, he told the searchers, when “the boogeyman” took Billy Gaffney away.

“All children talk about the boogeyman,” the detective in charge of the case shrugged. But eventually the child offered a description of this phantom. It was an old man with a gray mustache. A trolley car conductor on the line that stopped two blocks from the Gaffneys’ apartment remembered an older man and a little boy boarding his car that evening. The boy was sobbing, in spite of the man’s attempts to hush him. That was what the conductor remembered: the crying child. The man himself was nothing special. Just a mustached stranger faded to gray, he said, wrapped in an old coat.

The man had asked about ferries to Staten Island, the conductor said. But when he got off the car, he was “half dragging, half carrying” the little boy down Sackett Street, away from the pier. The police searched Staten Island anyway, and parts of New Jersey. They searched through the dump sites, apartments, factories, and churches of western Brooklyn, swept ash piles, dug up cellars, even dragged the nearby Gowanus Canal.

Three weeks after the disappearance, the body of a small boy turned up in a dump in Palmer, Massachusetts, stuffed in a wine cask. Billy’s father, Edmund, went with dread to the morgue to take a look. But it was another murdered child, not his own. And although no one but the Gray Man knew it at the time, there was a good reason that the searchers would never find a trace of the Gaffney child. His killer had decided that leaving a whole body behind was a waste of good flesh.

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Four

The girl was moving toward the house, blossoms spilling over her small hands. She was almost translucent in the summer light, and he thought for a moment that he could hear the angel—wait, wait—calling him back. But no. He was alone in the abandoned house.

It was a little more than 15 months after Billy Gaffney’s disappearance that Eddie Budd placed his one-line ad in the Situations Wanted section of the New York World. It ran in the May 27 Sunday edition and read: “Young man, 18, wishes position in country.” If the spring of 1928 had been sweltering on Manhattan’s sidewalks, it was oven-hot in the Budd family’s apartment in the Chelsea neighborhood, with two parents and five children crammed into its small rooms. Eddie was hoping for a summer job outside the city.

The next afternoon, a slightly built older man knocked on the Budds’ front door. He introduced himself as Frank Howard, the owner of a small Long Island farm. He was looking to replace a hired man who had recently quit, he said. He wanted someone young and strong. “I ain’t afraid of hard work,” Eddie told him. Howard agreed to hire the Budd boy and one of his friends.

Six days later, on a late Sunday morning, Howard returned bearing gifts, a pail of crumbly pot cheese and a basket of strawberries. He promised to pick Eddie and his friend up for work the next day, then handed them a couple dollars to go see a movie. Howard himself stayed for lunch, playing with the younger children. By early afternoon, the Budds were thoroughly charmed.

The family had a pretty 10-year-old daughter named Grace, thin and tenement pale, with big dark eyes and dark hair. Would she like a treat? Howard asked. He was going uptown to a niece’s birthday party. He’d be happy to take her to share in the fun. He promised to bring her back by nightfall—with her parents’ permission, of course.

Albert and Delia Budd would turn that moment over and over. The visitor’s gentle invitation, the mother’s hesitation, the father’s indulgent response: let her go, poor kid, she doesn’t see many good times. Their daughter walking down the sidewalk in her Sunday best with the elderly stranger in a dark suit, a felt hat on his silvery head.

In the initial furor over Grace Budd’s disappearance, the police assigned a posse of detectives to the case. Months, then years passed without progress, and in time almost all of them abandoned the search. The only one who did not was a detective named William F. King.

King was a tall, ruggedly built man with a fondness for tailored suits. He was middle-aged, and his dark hair was receding, so he kept it short and slicked back. He had first joined the NYPD in 1907 after working as a locomotive fireman. He’d left to fight in the Great War and returned afterward to serve in the NYPD’s Bureau of Missing Persons. At the time of Grace’s disappearance, he was a detective lieutenant in the bureau. It wasn’t a job that would make him rich—he was paid $3,200 a year—but it suited him. He had earned a reputation on the force for bullheaded determination. And he was determined not to give up on Grace.

The Budds had received dozens of letters claiming knowledge of Grace’s whereabouts. King went through them methodically, taking time out from his other assignments to chase down leads. Twice he thought he’d found the kidnapper only to see the case fall apart. One suspect was a nearby building superintendent who, it turned it out, had been set up by a vengeful estranged wife. The other was a known confidence man who liked to prey on young girls and had recently used the last name Howard for his schemes; King tracked him down in Florida, only to find that the man had an airtight alibi.

After several years and more than 40,000 miles of wild goose chases, King returned to the theory that his suspect was still in town. If that were true, maybe the answer was to bait him into the open. He persuaded some of the city’s newspaper columnists to occasionally drop hints, short items that reminded readers of the case. Even columnist Walter Winchell, of William Randolph Hearst’s powerful New York Daily Mirror, indulged King’s obsession from time to time.

“I checked on the Grace Budd mystery,” Winchell wrote in his November 2, 1934 column, “And it is safe to tell you that the Dep’t. of Missing Persons will break the case, or they expect to, in four weeks. They are holding a ‘cokie’”—a cocaine addict—“now at Randall’s Island, who is said to know most about the crime. Grace is supposed to have been done away with in lime, but another legend is that her skeleton is buried in a local spot. More anon.”

Winchell had made the entire story up, not that he ever admitted it. After all, in the weeks that followed, he would get credit for having exceptional police sources—and possibly clairvoyant talents. Because just nine days later, Grace Budd’s mother received a letter in the mail.

Five

The letter began cryptically with the story of a traveler—an alleged friend of the letter’s author—who had sailed from San Francisco to Hong Kong in 1894 as a deckhand aboard a steamer. Once ashore, the sailor had gotten drunk and returned late to the harbor to find his ship gone and himself stranded in Hong Kong, a city then in the depths of a famine. Conditions were so dire, the author wrote, that people had taken to eating the meat of young children—and the stranded traveler “staid there so long he acquired a taste for human flesh.”

Upon his return to New York, the letter continued, the sailor kidnapped two boys—a 7-year-old and an 11-year-old—and, after keeping them tied up in his closet for a time, killed and ate them. “He told me so often how good Human flesh was,” the writer added, and “I made up my mind to taste it.”

On Sunday June the 3, 1928, I called on you at 406 W 15 St. Brought you pot cheese—strawberries. We had lunch. Grace sat in my lap and kissed me. I made up my mind to eat her. On the pretense of taking her to a party. You said Yes she could go.

I took her to an empty house in Westchester I had already picked out. When we got there, I told her to remain outside. She picked wildflowers. I went upstairs and stripped all my clothes off. I knew if I did not I would get her blood on them. When all was ready I went to the window and Called her. Then I hid in a closet until she was in the room.

She’d struggled with him, the killer wrote; she’d fought him until he choked her to death. And then, he carefully explained to her mother, he’d butchered the body. He’d taken the best pieces away with him, left the bits and bones behind. “How sweet and tender” she was, he wrote. It had taken him nine days to eat her.

Delia Budd couldn’t read well, and she handed the letter to Eddie. As he read it, the color washed out of his face. He ran for the police station to find Detective King.

King had grown accustomed to crackpot letters in the six years since Grace had disappeared, but this one had the feel of actual knowledge. King had one sample of the kidnapper’s handwriting, a photostat of a note that “Frank Howard” had sent to the Budds regarding the job for Eddie. He pulled it out of the file. The handwriting was identical.

The sender had left the letter unsigned, but he had tucked it into an envelope with a return address imprinted in the corner. Though it was half scratched out with a pen, King could still discern a hexagonal design and the initials NYPCBA: the New York Private Chauffeur’s Benevolent Association.

At the association headquarters, the staff to a man denied any knowledge of the letter. The detective demanded a meeting of everyone who worked in the building, anyone who might have taken a few pieces of stationary. Finally, a janitor reluctantly confessed to taking some envelopes for his personal use. He’d kept them on the wall shelf above his bed in the old rooming house where he stayed.

King went to the rooming house, a tidy brownstone on East 52nd Street. The janitor’s former room was empty, the landlady said; the tenant who had taken it after the janitor moved out had packed up and gone just a few days earlier without leaving a forwarding address. But he was waiting for a check to arrive by mail, she went on, and she expected him to return at some point to collect it. King had been tracking his quarry for six years already; he was prepared to wait as long as it took for him to return.

In fact, it was barely four weeks later that the landlady called King to say her former boarder had indeed come for the check. King grabbed a precinct squad car and hurtled across town. He found his man in the rooming-house parlor. King hesitated at the door. Surely this frail, grandfatherly man in his faded suit wasn’t the killer he’d been chasing all these years.

The detective stepped forward and the visitor stood up. The Gray Man put down his teacup and pulled a straight razor from his pocket.

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Albert Fish (Photo: Getty)

Six

His given name was Hamilton Howard Fish, and he was born in Washington, D.C., on May 19, 1870. He liked to claim that he was related to another Hamilton Fish, the one who had been Secretary of State when he was born. But as a child, he’d started insisting on being called Albert, he said, because other children found the name Hamilton hilarious; he was sick of being called “Ham and Eggs” Fish.

His father, Randall Fish, was a former riverboat captain. At age 75, he’d already had three children by the time Albert was born. The elder Fish died five years later, leaving his widow, Ellen, struggling to support herself and their four children. And young Albert was a problem. He became a bed wetter; he occasionally ran away. At wit’s end, she placed him in Saint John’s Orphanage, a children’s home run by the Episcopal Church in the city’s Foggy Bottom neighborhood. “I was there ’til I was nearly nine,” Fish said once in a jailhouse interview. “And there’s where I got started wrong.”

The orphanage ran by the spare-the-rod-spoil-the-child rule. “We were unmercifully whipped,” Fish recalled. One teacher liked to add public humiliation to the corporal punishment, forcing the children to strip bare and stand before the class. With repetition, Fish found that he enjoyed the experience. The sting of the rod against his skin stimulated him. Watching the other children suffer aroused him sexually. There were days, looking back, when he blamed the orphanage for all his troubles, claiming it had “ruined his mind.” Or perhaps he had been somehow born wrong. “I always had a desire to inflict pain on others,” he explained to a psychiatrist who met with him after his arrest, “and to have others inflict pain on me.”

Instability did run in his family. A half-brother died in a lunatic asylum. So did an uncle, institutionalized for religious delusions. One of his younger brothers was diagnosed as feeble-minded, a 19-century term for people considered mentally deficient. Another brother was an alcoholic; a sister had a “mental affliction.” His mother suffered from hallucinations.

Despite her peculiarities, by the time Fish was nine, his mother had found a steady job and retrieved him from the orphanage. By then, however, he was a changed boy. He’d become a sexual voyeur and began spending his spare time visiting public baths so that he could watch other children undress. By his late teens, he’d started stalking children. He learned how to lure his victims with pocket change and candy. He learned how to take advantage of old buildings and dark alleys. “It never came out,” he told a psychiatrist. “Children don’t seem to tell.”

After he finished high school, Fish drifted through odd jobs. He traveled the country and pieced together a living, all the while hunting, sexually assaulting, and—when he was in the mood—killing children. By age 24, he’d settled in New York, where he found enough work to get by, mostly as a housepainter and handyman. He rented an apartment on Manhattan’s Upper West Side and moved his mother north from Washington to stay with him.

He married in 1898, and his time with his wife, Anna, marked the beginning of the most stable period of his life. They had six children together, and his sons and daughters swore that until 1917, the year their mother ran away with another man, their lives seemed normal enough. After Anna left, their father tried to hold the family together. He’d always struggled to hold onto jobs, but now he took whatever work came his way.

He also began to disappear more often into the city’s shadows. He quit trying to hide his obsessions. Once, he rolled himself in a carpet, insisting that John the Apostle had ordered him to do so. Other evenings he’d stand before his children, whipping himself with a board studded with nails, dancing with delight as the blood ran down his legs.

And there was that memorable night in 1922. They’d rented a bungalow, near the small town of Greenburgh in rural Westchester County, where Fish had been hired to paint the exterior of a church. He worked hard during the day, his sons helping him with the job. But at night, his children watched him run naked through the fields around the house, raising his fists and screaming, “I am Christ!” He was crazy, they thought, and getting crazier.

Still, they were as shocked as everyone else when, after King had subdued him in the boardinghouse parlor, Fish led police back to that same small town, to an isolated little house called Wisteria Cottage. Night had fallen by the time they arrived. The house sat amid a tangle of weeds and bare trees, illuminated by the glare of police lights. Fish walked straight to a crumbling stone wall that curved along the hillside behind the cottage. It took only minutes of digging to uncover Grace’s small, dirt-encrusted skull.

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Wisteria Cottage. (Photo: Getty)

Later, police would find a startling collection of bone fragments in the basement of the house, leading newspapers to speculate that the bodies of dozens of children were buried there. Experts working with the police identified them as animal bones, but the question of how many children Fish had killed continued to bedevil the authorities. He confessed to stalking, torturing, and assaulting 400 children while traveling the country. But although he was a suspect in a long list of child killings—including nearly ten in the New York area alone—he turned silent and tearful when questioned about them. Hadn’t he done plenty already by telling them the story of Grace Budd? “You know as well as I,” Fish wrote from his cell in a letter to King, “that if I had not written that letter to Mrs. Budd I would not be in Jail. Had I not lead you to the spot no bones would have been found and I could only be tried for kidnapping. It was a fate to me for my wrongs.”

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Seven

The words came to him more clearly now. He could hear the angel murmuring its promises if he only obeyed. Be happy, the voice told him. Happy is he that taketh thy little ones and dasheth their heads against the stones.

In mid-February 1935, Fredric Wertham, 39, a thin, bespectacled, German-born psychiatrist, sat down to talk with the Gray Man. Wertham had been hired by Albert Fish’s defense attorney, who planned to fight for his notorious client’s life with an insanity defense.

At the time, psychiatrists like Wertham who worked with the mentally ill, especially within the legal system, were still known as alienists—from the French word aliéné, “insane.” The etymology traced back further, to the Latin of the middle ages, alienare, “to deprive of reason.” The term held another meaning, however, beneath its scholarly surface. There was a sense that alienists studied aliens, denizens of some separate community of craziness. No person, of course, was completely free of shadows, as Sigmund Freud had observed in his influential 1901 treatise on psychoanalysis, The Psychopathology of Everyday Life. But few reached a place where they were so alienated from the rest of society—by rage, madness, circumstance—that they slid into murder, much less took the path of the stranger killer.

Wertham was just starting to make a name for himself as an expert in the science of murderous behavior. Born Fredric Wertheimer in Nuremberg in 1895, he’d studied medicine in Britain and his native Germany before earning a medical degree in 1921. The following year, he moved to the United States, working first at a Massachusetts mental hospital and then in the psychiatric clinic at the Johns Hopkins School of Medicine. In 1927, he became an American citizen and shortened his name to Wertham.

He moved to New York City five years later to become senior psychiatrist in the Department of Hospitals, where he organized and directed a clinic that screened convicted felons for the city courts. It was that expertise that attracted Fish’s defense attorney, James Dempsey. A former prosecutor with a hard-charging reputation, Dempsey had been appointed by the court to represent the killer. He was the kind of man who took such appointments seriously, and he had put considerable thought into choosing his expert witness.

Wertham was known for his sympathy for the disadvantaged. While at Johns Hopkins, he had done pro bono work for impoverished African-American clients represented by the crusading lawyer Clarence Darrow. Now Dempsey was asking him to take on an unprecedented challenge: He was asking Wertham if he could testify in favor of keeping a now legendary child-murdering cannibal alive.

He went to meet Fish at the Westchester County jail in Eastview, where Fish had been moved in preparation for his trial. By now, the killer was known to the press not only as the Gray Man but as the Brooklyn Vampire, the Werewolf of Wisteria, and—thanks to a rumor that he did his best work by moonlight—the Moon Maniac. Although Wertham should have known better from his years studying criminals, he was somehow expecting a monster, a shimmer of visible evil.

Instead, the prisoner who was led in to meet him “looked like a meek and innocuous little old man,” Wertham wrote in his 1948 book The Show of Violence. “Gentle and benevolent, friendly and polite. If you wanted someone to entrust your children to, he would be the one you would choose.”

This harmless persona came naturally to Fish. He knew how to put it on for strangers. And he wasn’t all that impressed with his earnest interlocutor. “Some doctor came and asked me 1,000,000 questions,” he wrote in a letter to his daughter after his first meeting with Wertham. But Wertham kept coming back, again and again, spending some 12 hours in increasingly intimate conversations with the prisoner. And over the hours, Fish started to talk. “I am not insane,” he told Wertham. “I am just queer. I don’t understand it myself. It is up to you to find out what is wrong with me.”

He talked about the children he’d assaulted in his endless pursuit of pain. Sometimes the children didn’t satisfy him, so he’d find women willing to use a whip. When that wasn’t enough, he lashed himself. When that wasn’t enough, he’d eat his own feces, drink his urine. Sometimes that wasn’t enough either. So he’d burn himself by lighting alcohol-soaked cotton balls on fire in his rectum. And when even that wasn’t enough, he’d drive needles into his body, mostly deep into his groin.

He’d lost count of the needles, too—perhaps there were five still embedded in his flesh, he said. His disbelieving doctor ordered X-rays. Twenty-seven needles showed up on the first scan, two more on a second. They were large, small, some in fragments, some still perfectly intact. Sometimes the pain made him scream. Always the children screamed. Sometimes he wanted that; sometimes he gagged them.

“There was no known perversion that he did not practice and practice frequently,” Wertham later wrote. But as the alienist came to realize, that deeply deviant history—or perhaps Fish’s desire to atone for it—had been contorted into a justification for murder. Fish never forgot the brutal lessons of his old Episcopal orphanage: that all sinners must seek redemption. “I had sort of an idea through Abraham offering his son Isaac as a sacrifice,” Fish explained. “It always seemed to me that I had to offer a child for sacrifice, to purge myself of iniquities, sins, and abominations in the sight of God.”

He told Wertham that he always listened to the angels who came to visit him. They brought him instructions from God. He recited some of them to the alienist, their demands that he beat children with whips or batter them with stones. In the case of Grace, he said, he knew she was a daughter of Babylon and “that I should sacrifice her in order to prevent her further outrage.”

In a cruel way, Grace’s own youthful guilelessness had helped sentence her to death. As Fish disembarked with her from the train in Westchester County, he forgot on his seat a bundle he had carried with him, his “implements of hell,” as he described them to Wertham: a knife, a saw, and a butcher’s cleaver concealed in a cloth. It was Grace who remembered it as she was about to jump from the train. “You have forgotten your package!” she exclaimed, and ran back to the seat to retrieve it. If she hadn’t done so, Fish told Wertham, “the child would now be in her home and I would not be where I am.”

Fish’s account flickered between an odd sense of nobility—his conviction that he’d saved the girl from falling into inevitable sins—and a grisly fixation on the details of her death. He dwelled on the way he’d suffocated and dismembered Grace in the empty house, wrapped and packed the parts of the body he wanted to eat, and buried the rest. Then he’d cooked her piece by piece in the kitchen of his Manhattan apartment, experimenting with onions and bacon, herbs and spices. He sounded, Wertham wrote, “like a housewife describing her favorite methods of cooking.”

The story shifted like a blown flame. Fish spoke of his crime as if it were variously a prayer, an ecstatic thrill, an exceptional dinner. The alienist across the table kept taking notes. “I said to myself,” he later recalled, “However you define the medical and legal borders of sanity, this certainly is beyond that border.”

Fish was by turns open and sly, cooperative and cagey. He would later admit to the murder of Frances McDonnell without hesitation. The story of Billy Gaffney he told only in a letter he sent to his defense attorney, written with the same precision as the Budd letter. Fish explained that he’d taken the sobbing child to a mostly deserted street near a city dump, to an empty house he’d discovered while working on a painting crew:

I took the G boy there. Stripped him naked and tied his hands and feet and gagged him with a piece of dirty rag I picked out of the dump. Then I burned his clothes. Threw his shoes in the dump. Then I walked back and took trolley to 59 St. at 2 A.M. and walked from there home.

Next day about 2 P.M., I took tools, a good heavy cat-of-nine tails. Home made. Short handle. Cut one of my belts in half, slit these half in six strips about 8 in. long. I whipped his bare behind till the blood ran from his legs. I cut off his ears—nose—slit his mouth from ear to ear. Gouged out his eyes. He was dead then. I stuck the knife in his belly and held my mouth to his body and drank his blood. I picked up four old potato sacks and gathered a pile of stones. Then I cut him up.

Detective King and his colleagues had already collected evidence that Fish’s interest in cannibalism long predated the murder of Grace Budd. The old man had treasured a collection of Edgar Allen Poe’s works that included The Narrative of Arthur Gordon Pym of Nantucket, Poe’s 1838 novel of a sea voyage gone wrong. The novel’s pages howled with bitter storms on ruthless seas, ships carrying rotting corpses, and sailors surviving by cannibalism. Fish had bookmarked it with a packet of needles.

He’d also carried in his pocket newspaper clippings about the German stranger killer Fritz Haarmann, known as the Vampire of Hanover. Between 1920 and 1924, Haarmann had killed and butchered between 27 and 50 young men and boys, slicing them up, eating his favorite parts and selling the rest on the black market, passed off as less ghoulish varieties of meat. Before he was beheaded in 1925, he’d written a public confession explaining how much he had enjoyed all of it.

Fish’s letter about Billy Gaffney rang with a similar glee. He explained in loving detail how he’d cut the little boy into pieces, scattering them in roadside pools of water and muck, keeping the parts he wanted to cook. “I never ate any roast turkey that tasted half as good,” he wrote. “I ate every bit of the meat in about four days.”

In the eight years since her son had disappeared, Elizabeth Gaffney had never given up hope. She set a place for him at the table every Christmas. “I know in my heart and soul that Billy will come back to me,” she confided to reporters. After Fish wrote the letter, the police took her to meet the confessed killer. But for all the bravado in his writing, Fish wouldn’t look at her. He wouldn’t speak to her. He wept and paced and refused to answer her questions. After two hours, she left shaking her head. She would never believe that her son had died that way anyway.

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Eight

On the day before his murder trial, Fish was served a bowl of chicken soup for lunch. Finding several bones in his serving, he sharpened one to a razor-sharp point on the concrete floor of his cell and began slicing himself across the chest and abdomen. The guards rushed to take the improvised implements away, and the bandages didn’t show under his familiar blue shirt and gray suit when he arrived at the Westchester County courthouse on the morning of March 11, 1935 for the first day of proceedings.

The imposing stone building in White Plains was usually the image of judicial dignity; on the opening day of Fish’s trial, it was a carnival. The entrances were mobbed with spectators hoping to see the Gray Man, the werewolf, their local vampire. They jostled for space with the reporters and photographers. More than 250 people jammed into the second-floor courtroom hoping to see the prisoner in the dock. Justice Frederick Close ordered a dozen sheriff’s deputies to guard the doors. He wanted order, he said, and he would only allow as many people into the courtroom as could sit on the benches.

To no one’s surprise, the Westchester County District Attorney’s Office was seeking the death penalty for Albert Fish. Dempsey had been just as clear about his intentions to counter with an insanity plea. It was an approach that had gained in popularity in the previous decades—aided by the rise of alienists such as Wertham who specialized in criminal behavior—but it remained a legal gamble.

The U.S. legal standards for criminal insanity traced back to earlier British law, which itself dated back to the 13th century, when all-powerful kings occasionally pardoned murderers on the basis of madness. The practice was formalized in 1843, when the House of Lords established a legal standard known as the M’Naghten Rule. The rule was named after a Scottish wood worker, Daniel M’Naghten, who killed the secretary of Prime Minster Robert Peel during a failed attempt to murder the minister himself.

M’Naghten, who had complained loudly of persecution by imaginary spies, was acquitted in an insanity verdict. The rule based on his name was inspired by a public outcry against such perceived leniency. It added some legal clarity to the matter, spelling out a basic standard of criminal lunacy: “At the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as to not know the nature and quality of the act he was doing or if he did know it, that he did not know he was doing what was wrong.” And it made clear that the burden of proving insanity rested with the defense.

Whether Albert Fish had killed while in the kind of mental fugue that met this legal standard was the central question of his murder trial. There was, after all, no question that he’d kidnapped, murdered and eaten Grace Budd—he’d signed six confessions to that effect while in jail. But these acts in and of themselves didn’t necessarily reach the standard of the M’Naghten rule. For that, Dempsey had to show that Fish had no sense of the moral wrongness of his actions at the time.

In Fish’s confessions and correspondence, prosecutors thought they’d found evidence to counter that. In his letter to King, for instance, Fish had talked about his “wrongs” catching up with him, an obvious indication that he knew the moral weight of his deeds. The defense in turn argued that the way Fish defined “wrong” was in itself insane. “His test,” Wertham would explain later, “was that if it had been wrong he would have been stopped, as Abraham was stopped, by an angel.”

For Wertham, proving Fish legally insane mattered for reasons reaching far beyond the courtroom in White Plains. Having encountered the poor and otherwise marginalized often in his work, the profile of the typical victims of killers like Fish and Haarmann was not lost on him: They were usually culled from the most unlucky and vulnerable corners of society—the urban poor, minorities, and orphans who were least likely to be missed. If behavior of the sort that Fish had exhibited in the years before his capture could be established as grounds for commitment and treatment, then alienists like Wertham could do real good—they could study and learn how to treat these killers, and thus learn how to protect society from its most deeply troubled members.

Where Wertham saw an opportunity, however, Westchester County Chief Assistant District Attorney Elbert T. Gallagher saw only weakness. To Gallagher, Fish was simply a stranger killer who needed to be stopped, a murderer who would only set down his knives when he was dead. Fish’s attorney might call him insane, but Gallagher wasn’t fooled. He knew evil when it stood in front of him. And he meant to see to it that Fish went not to the asylum, but to the electric chair.

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Albert Fish at the courthouse. (Photo: Getty)

Nine

It was the Gray Man whom Gallagher evoked as he opened the proceedings for the prosecution—the false grandfather who calculated his killings, who knew when to step out of the light and into the sheltering shadows. There was too much cunning in these crimes, Gallagher said, for some hapless lunatic to have carried them out. The killer had used a fake name and invented a story to trick Grace Budd’s parents. He had found an empty house, a safely isolated place where he could take the child. “Don’t put any stock, gentlemen, in this divine-command business,” Gallagher told the jury.

Gallagher had brought a cardboard carton with him to the courthouse. It contained Grace’s splintered bones, and he shook it—the dry rattling reminder of a dead child—to drive home his argument. The nonsense about angels and Christ and the echoing voices in an empty room: That was “merely a smokescreen,” a cover-up, he told the jury. There was no madness here. There was only cold and deliberate method.

To underscore this point, Gallagher paraded four alienists through the witness stand to testify that the accused, while perhaps a little strange, knew perfectly well what he was doing. Foremost among them was Menas Gregory, who, given his past history with this particular killer, could hardly have been expected to say otherwise.

Gregory was the former director of the psychiatric ward at New York’s venerable Bellevue Hospital. The old brick building overflowed with inmates, from the criminal to the suicidal to the merely peculiar. Amid the throng, nobody, Gregory included, had taken any particular notice of one Albert Fish, who was admitted into the ward, observed, and released—diagnosed as abnormal but harmless, troubled but sane.

Fish went to Bellevue on December 15, 1930—less than two years after the murder of Grace Budd. It was a court-ordered evaluation, requested by his daughter, who’d reported that he was showing signs of mental disturbance. Gregory oversaw the evaluation at Bellevue, where Fish stayed under observation for a month. He reportedly startled the nurses by climbing into the bathtub to pray. But, as Gregory admitted during the trial, he and his staff did not spend much time exploring the old man’s religious compulsions. The alienists decided he was definitely off—“psychopathic personality; sexual type”—but sane and safe to set free.

In the summer of 1931, Fish was back in a psychiatric unit, this time at Kings County Hospital, following an arrest. During the previous years—as the police would later realize to their chagrin—he’d been picked up several times on minor grifting charges ranging from embezzlement to theft. The latest arrest followed a complaint about sending obscene letters. When the police arrived at the hotel where Fish then worked for room and board, they found a homemade cat-o’-nine-tails in his room. As the arresting officer later explained, there was just something about the man—he looked so “very, very weird” at the moment of discovery.

The police sent Fish to the hospital, where he stayed for two apparently uneventful weeks. Not once was he asked about the cat-o’-nine tails, though he’d admitted to police that he liked to whip himself with it. None of that appeared in the hospital report. He was “quiet,” the clinic noted: a “cooperative, oriented” old man who, his caretakers concluded a second time, posed no danger to anyone. Not only had Fish—at a time when he’d already proved himself a cannibal killer—been declared a low-risk patient, but he was also now a suspect in at least four child killings that had occurred after his release from the hospitals.

From his seat in the witness stand, Gregory was rigidly defensive about Bellevue’s handling of Fish. His determination to admit no mistake on behalf of himself or his hospital rang through his testimony, sometimes ludicrously. “Do you call a man who drinks urine and eats human excretion sane or insane?” Dempsey asked him during his cross-examination.

“Well, we don’t call them mentally sick,” Gregory replied.

“That man is perfectly all right?”

“Not perfectly all right. But he is socially perfectly all right.”

Dempsey marveled at how little evidence the Bellevue reports contained of time spent with the patient or analysis of him and demanded to know how this could qualify as enough to determine Fish’s sanity. “Since he is not an insane person, the record is not voluminous,” Gregory replied.

“But is there anything about his family background?” snapped the lawyer.

“I can’t find anything here,” Gregory replied, leafing through the papers.

“When do you make a careful inquiry?” Dempsey inquired.

Only when he saw signs of insanity, Gregory replied. Bellevue had to evaluate some 50 patients a day. Its harried staff didn’t have time for careful evaluation of those, like Albert Fish, who showed only average mental stress. “The city does not provide sufficient help to make a complete examination in every case,” he said.

It was a theme picked up by the other state witnesses. One prosecution expert, Dr. Charles Lambert, assured the jury that although Fish had undoubtedly assaulted hundreds of children, and although he definitely had “a psychopathic personality,” he was not actually suffering from any psychosis.

“Doctor,” Dempsey said, “assume that this man not only killed this girl but took her flesh to eat it. Will you state that that man could for nine days eat that flesh and still not have a psychosis and not have any mental diseases?”

“There is no accounting for taste,” Lambert said.

Ten

As the trial entered its second week, the jury gave nicknames to the two attorneys battling over Fish’s fate. They called Gallagher “Bones,” for his habit of shaking that ghastly cardboard carton. They nicknamed Dempsey “I-Object,” because of his perpetual outrage, his jack-in-the-box propensity to leap up to challenge the psychiatric testimony.

But protest alone wasn’t enough to prevail. Dempsey’s witnesses had to be better. They had to compel understanding and, perhaps, even forgiveness for a man who had done so many unforgivable things.

Wertham took the stand first. He did not try to paint a pretty picture of Fish. “This man has roamed around in basements and cellars for 50 years,” he said. “There were so many innumerable instances that I can’t begin to give you how many there are. But I believe to the best of my knowledge that he has raped 100 children. At least.”

And of course there were the murders. The police were still trying to tally the victims. But it seemed, Wertham said, that in his mind his longtime obsession with pain had become entwined with religion. He saw angels, heard saints like John the Baptist giving him orders, listened as their voices translated the teachings of the Bible into blood. He heard instructions to beat and torture: “Blessed is the man who correcteth his son.” And when he drank Grace Budd’s blood and ate her flesh, Wertham said, to him it was something sacred, “associated with the idea of Holy Communion.”

Wertham’s analysis was echoed by the other two alienists called by Dempsey, both well-respected practitioners: Dr. Smith Ely Jelliffe, former president of the New York Psychiatric Association, and Dr. Henry A. Riley, a professor of neurology at the Columbia University College of Physicians and Surgeons. All three had been struck by the force and power of Fish’s religious delusions. His interactions with his angels were so influential, Jelliffe testified, that the “whole killing of the Budd girl took on the character of a religious ritual.” He talked to a Christ he thought he could see dripping with blood, Riley said. And Christ told him that he needed to protect the girl from “becoming a harlot.” Her death, Riley said, was essentially a virgin sacrifice.

Fish had no rules or sense of right and wrong grounded in anything other than craziness, the alienists argued. He’d been an unbalanced child, deformed sexually by his brutal orphanage experiences. He had a moral compass, but one that rested on hallucinations of vengeful angels, Biblical teachings warped beyond recognition. However that compass spun, it moved in a way that was completely detached from the mores of society—and reality. To a man, all three psychiatrists agreed that here was a deviant, terrible killer—and a man who met every criterion of legal insanity.

“Every maniac, every insane person plans and connives,” Dempsey told the jury. “Every animal, gentlemen, plans and connives. … The fact that a man can connive and plan an outrageous, dastardly, fiendish crime like this is no indication of the fact that a man is in his right mind.” The legal standard of sanity demanded a clear awareness of right and wrong; a man waiting on the dispensation of vengeful angels had no hope of such clarity. “Do you believe before God that Albert Fish was sane on June 3, 1928? Do you believe on that day he knew the distinction between right and wrong? Unless you believe that, gentlemen, if you later find him guilty, it will be on mere breath, not upon evidence.”

By this point in the trial, Fish—whom Dempsey had decided to keep off the stand—looked less like a vampire than like the victim of one. Huddled in his baggy suit, he had grown paler and more transparent by the day. He looked, one journalist wrote, like “a corpse insecurely propped in a chair.” But by the end of Dempsey’s closing arguments, on the morning of March 22, he was in tears.

Gallagher was second to make his closing argument before the jury, and he began by mocking Dempsey’s portrait of Fish, helpless in the grip of his madness. Instead, he called on the jury to “remember the defenseless little innocent Grace Budd,” dying at the hands of a villain of supernatural proportions in a strange and lonely place, calling for her mother.

The criticisms of Bellevue were just a distraction, Gallagher insisted, the tales of divine commandments only more of the same. Dempsey was right to bring up the idea of planning and conniving—because that was just what Fish had done in the kidnapping and murder of this child. From his use of a fake name to his choice of isolated Wisteria Cottage, he had plotted this crime. Gallagher was willing to concede that the old man had sexual abnormalities, but none of them rose to the level of guilt-absolving insanity.

Grace had died in a premeditated crime, a kidnap and murder in the interests of sexual gratification. And the man who planned it did not deserve to live out his days in an asylum. “Do the right thing,” Gallagher concluded, calling on the jury to send Fish where he belonged: the electric chair at Sing Sing Prison.

Eleven

Even the jaded crime reporters at the trial found themselves wrestling with the question of what exactly that right thing was in Fish’s case. They took a vote and found themselves agreed that Fish was legally insane. That afternoon, after the closing arguments, the judge sent the alternate juror home; he, too, told the reporters that he thought Fish was insane.

The 12 remaining men were sent to deliberate at 3 p.m. on Friday, March 22. They broke briefly for dinner at a nearby hotel and then returned to the jury room. At 8:27 p.m. they entered the courtroom, unsmiling, to read the verdict. Fish was guilty of the charges of kidnapping and first-degree murder. In subsequent interviews, the jurors would admit that, like the reporters, they believed Fish to be off-the-charts crazy. But they couldn’t bring themselves to send this kind of killer to a merciful end in an asylum.

Fish sat quietly in his chair as reporters stampeded out of the room in search of telephones. He’d always been good at projecting the image of his choice. His response to the verdict, after the initial jolt, was pallid indifference. He wasn’t afraid of pain, he said; this would be a new way of experiencing it. “I have no particular desire to live,” he had told Wertham.

But if Fish had publicly lost interest in the fight, his champions had not. The proceedings, the shoddy expert testimony, had offended Dempsey’s sense of human decency. He appealed the conviction to New York governor Herbert Lehman, and when he went to meet with him in Albany he brought with him the equally outraged Wertham. In their judgment, Dempsey argued to Lehman, the jury had acted out of fear, not dispassionate justice. It was similar to the superstitious horror of the infamous Salem witch trials, he said. Fish’s conviction “proves merely that we still burn witches in America.”

Wertham, who was accustomed to dealing with the lower reaches of government—public-health bureaucrats, policemen, prison guards—had never before spoken to so lofty an official as Lehman. Going into the meeting, he had in his mind the image of the emperors and kings of old, with whose prerogative the idea of acquitting the insane had originated—the kind of ruler who “had to sit in his capacity as a human being, using his personal judgment to listen and decide,” he later wrote.

“It is not as an expert that I am appealing to you,” he told Lehman, according to his account in The Show of Violence, “because if you had all the facts assembled, including the other murders committed by this defendant, and their circumstances, you would not need an expert. I am not appealing to you for clemency. I am appealing to you as a statesman. In this case all the hairsplitting about legal definitions was just a covering up of a social default. I am asking you to commute the death sentence to lifelong detention in an institution for the criminal insane—and to make this case an example and a starting point for a real scrutiny not of individuals nor individual institutions, but of the whole haphazard and bureaucratic chaos of the psychiatric prevention of violent crimes.”

As he spoke, Wertham glanced at the governor’s counsel, who was sitting beside Lehman; the man nodded, smiling, even, at the alienist’s argument. But Lehman himself sat expressionless. He had no interest in commuting the death sentence of a sexually deviant, cannibalistic child killer. As Wertham recalled the meeting, it was easy enough to tell that they’d lost. The governor looked down at his desk, at the papers outlining Fish’s murderous history. And throughout the meeting, Lehman’s face remained as cold and blank as a stone wall.

The Gray Man went to the Sing Sing electric chair on January 16, 1936. There were those who thought he’d finally fulfilled his destiny, faded completely away into the dust. He walked quietly to the platform where the black chair stood and sat patiently in the apparatus as the executioner buckled the straps and fitted the helmet over his head. “Do you have any last words?” the executioner asked. “I don’t even know why I’m here,” Fish replied softly.

But Fish had also written Dempsey one last letter, a statement that he wanted read as a final farewell. The attorney called the reporters gathered at the prison to describe it. “I will never show it to anyone,” he said. “It was the most filthy string of obscenities that I ever read.” He locked them away, all those pages bubbling with the rage that the killer had kept carefully hidden, even to the end.

Dempsey never did share the letter. But there were days when he could still hear its words, the last echo of a madman’s voice. It drifted like smoke in the air, then blew away.

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Epilogue

Two years after Fish’s execution, the famed psychoanalyst Gregory Zilboorg—therapist to the writer Lillian Hellman, the composer George Gershwin, and the playwright Moss Hart, among others—brought up the killer’s trial in a talk before the New York Neurological Society. By then, the trial and the ethical questions that shadowed it had prompted some serious soul-searching in the psychiatric community. In his speech, titled “Misconceptions of Legal Insanity,” Zilboorg noted the shoddy behavior of many of his colleagues who had testified for the prosecution in the trial. The problem, he argued, was that the psychiatrists had allowed society’s instinct to execute its worst killers cloud their professional judgment of mental illness.

“The issue,” Zilboorg went on, “is fundamentally not between the basic intent of the law and psychiatry, but between a revengeful, suspicious and instinctive hatred of the criminal … and that scientific humility which knows that man is human.” For true justice to be done, he insisted, the two sides needed to be brought to a more common understanding of justice in the case of the truly mentally ill.

The Fish case still echoes through debates over how to navigate the borderland between scientific knowledge and criminal justice. In 2005, forensic psychologist Katherine Ramsland argued in her history of serial killers, The Human Predator, that Fish had been put to death “despite his obvious insanity.” But as Ramsland also pointed out, the criminal insanity defense has never been particularly successful. That was true in Fish’s time and it remains true today. Defense attorneys attempt an insanity defense in barely 1 percent of all violent crime cases for exactly that reason; by one estimate, at most a fourth of such defenses actually succeed.

This remains the case even though the law has been updated several times in the past century to allow for a broader definition of criminal insanity than existed at the time of Fish’s trial. Most insanity pleas that succeed, Ramsland notes, involve plea bargains in which psychosis appears obvious to a judge. It’s more often juries, she suggests, that convict “people who are genuinely psychotic.” In 1992, for instance, the Milwaukee cannibal killer Jeffrey Dahmer, who killed and ate more than 17 people, was found sane at trial.

The best explanation for this is the tension that Zilboorg described in 1938: the extent to which the imperatives of science are at odds with the natural human need to define the most terrifying criminals as the personification of evil. “The problem with calling an act evil rather than considering it an illness is that it often overlaps with the insanity issue and taints it,” Ramsland writes. “If people decide that some behavior is ‘evil,’ they don’t want to believe that a mental defect was responsible; they want the evil person to be supremely punished.”

James Dempsey believed that it was this need to punish “evil” that had complicated the Fish verdict, and he was haunted by the case for the rest of his life. Although he spent many decades as a successful defense attorney, he kept his Fish files and his sense of outrage, eventually sharing the documents with Harold Schechter, a professor of literature and culture at New York’s Queens College. The result was a 1990 book called Deranged: The Shocking True Story of America’s Most Fiendish Killer!

In the years after the Fish trial, Fredric Wertham rose to prominence as one of the country’s best-known criminal psychiatrists, consulting in numerous murder trials. He became a public figure—praised by some and reviled by others—in the 1950s, when he wrote a provocative book called Seduction of the Innocent, on the power of violent images, such as those found in comic books and television shows, to influence violence behavior.

Like Dempsey, Wertham could never quite let go of the Fish case. In a 1966 book, A Sign for Cain, he repeated his conviction that Fish had been wrongly executed and that science had thus lost an opportunity to learn. “Our knowledge [of murderers] is limited,” he wrote, “because we know the psychology only of the unsuccessful murderers.”

Detective William King, too, was intent on learning something from the Fish case. Two years after Fish was executed, he testified before the state legislature, using the Gray Man story to urge new laws requiring a centralized database of fingerprints for known sexual predators. (The state of records in law enforcement in the 1920s and ’30s was such that, at the time of Francis McDonnell’s murder, a 20-year-old mugshot of Fish—looking distinguished in a bowler hat—was on file in the NYPD’s records but wholly unknown to the detectives pursuing the case.)

To this day, the full extent of Albert Fish’s murderous history remains unknown. Credible assessments at the time implicated him in somewhere between five and fifteen killings, though many suspected those numbers to be low. Not long after Fish’s execution, one of the murderer’s relatives paid a visit to Wertham. After they had talked for a while, Wertham asked the man if he had any sense of how many children Fish had killed. His visitor hesitated. “You know, Doctor,” he finally replied, “there were plenty of old, abandoned places.”


Source Notes

This story was recreated from numerous newspaper accounts, court and police documents, papers in law and psychology journals, and earlier tellings of the Albert Fish story in books and magazines. For much of the information on the atmosphere of New York City at the time, I consulted documents that I had gathered for my own book, The Poisoner’s Handbook: Murder and the Birth of Forensic Medicine in Jazz Age New York. I am especially grateful for the thorough work of Harold Schechter in his book Deranged, cited in my epilogue, which is the definitive reference on the story. Other invaluable resources included the books of Katherine Ramsland, who teaches forensic psychology at DeSales University, in Center Valley, Pennsylvania—particularly her studies of serial killers in history, such as The Human Predator and The Devil’s Dozen, and her terrific book on forensic psychology, The Criminal Mind. For further perspective on Albert Fish, I consulted Colin Wilson and Donald Seaman’s fascinating book The Serial Killers, which looks at the history of sex-related murder; Colin and Damon Wilson’s Written in Blood: A History of Forensic Detection; and Louis Cohen’s 1954 book, Murder, Madness and the Law. I’m also grateful for the eloquent writings of Fredric Wertham, including his account of the Fish story in two books, The Show of Violence (1948) and A Sign for Cain (1966). Finally, I’d like to acknowledge the many biographies and original documents concerning Fish available on true-crime and serial-killer websites, such as Troy Taylor’s story in the Dead Men Do Tell Tales series on Prairie Ghosts and Marilyn Bardsley’s version at Crime Library.

D for Deception

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D for Deception

Dennis Wheatley’s spy novels thrilled wartime Britain. His real-life espionage lured Hitler to defeat.

By Tina Rosenberg

The Atavist Magazine, No. 16


Tina Rosenberg is the author of Children of Cain: Violence and the Violent in Latin America and The Haunted Land: Facing Europe’s Ghosts After Communism,which won the Pulitzer Prize and the National Book Award. She is a former editorial writer for The New York Times and is coauthor of the Fixes column on NYTimes.com. She is a contributing writer at The New York Times Magazineand has written for The New YorkerThe AtlanticRolling Stone, and other publications. Her most recent book is Join the Club: How Peer Pressure Can Transform the World.

Editor: Alissa Quart

Producers: Olivia Koski, Gray Beltran

Illustrations and Research: Camille Rogine

Fact Checker: Spencer Woodman

Copy Editor: Sean Cooper

D-Day Footage: Courtesy of the U.S. Army/Department of Defense

Winston Churchill’s “Their Finest Hour” Speech: Courtesy of the Internet Archive

Recording of “All Things Bright and Beautiful,” by William Henry Book: Courtesy of the Hi-Fi Hymn Book  

Special Thanks: The Dennis Wheatley (Virtual) Museum


Published in June 2012. Design updated in 2021.

The airport official stood up and said to Gregory, “I won’t ask your name, but this is Flight Lieutenant Charlton, who is going to fly you to Germany.”“I’m afraid you’ve been left in for a rotten job on my account,” Gregory smiled as he took the pilot’s hand.Charlton shrugged. “Nothing like as dangerous as the sort of thing you’re apparently going to do.”Gregory’s mission had begun in real earnest now. He was a lone wolf without food or refuge and only his wits could save him from being torn to pieces by the ferocious enemy pack now that he was hunting in their territory.

The Scarlet Impostor, 1940

1. Double Deception

At the moment when Dennis Wheatley began to wage World War II from inside Winston Churchill’s bunker, he had already been fighting it for years in the pages of his books. The most popular prewar thriller writer in England, Wheatley wrote a series of novels that featured British secret agent Gregory Sallust. Sallust is daring, handsome, and ruthless. He speaks German like a native. His girlfriend, the anti-Nazi Erika von Epp, is the second most beautiful woman in Germany. He knows his way around a magnum of 1920 Louis Roederer brut. Before there was James Bond, there was Gregory Sallust.

Throughout the books, Sallust is locked in constant battle with SS Gruppenführer Grauber, the chief of the Gestapo’s foreign section. Grauber—diabolical, sadistic, with an eye patch, a makeup-wearing boyfriend, and a Peter Lorre voice—becomes Sallust’s archenemy and an all-purpose villain throughout the series.

Sallust repeatedly poses as a German officer and inserts himself into the key events of the war. It is Sallust who fools Hitler into invading Russia, whose deceit saves Moscow, who steals a key document from the safe of Hermann Goering that keeps Britain from surrender in its darkest days. The spy meets and invariably impresses a variety of historical figures with his dazzling military assessments. His knowledge is encyclopedic, his strategic analysis brilliant. He is a master of deception.

Wheatley put Sallust, von Epp, and Sallust’s confederate, Russian defector Stefan Kuperovitch, through a truly exhausting gauntlet of danger. But their adventures were set against a backdrop of events that were not only real but, because Wheatley wrote so quickly, virtually up-to-the-minute. The Black Baroness, which ends with Winston Churchill’s speech on June 17, 1940, the day of France’s surrender to the Nazis,  was written and published by October, four months later. It was not the first time that a fiction writer inserted his characters into real events, of course, but it was possibly the first time those events threatened to crash through the ceiling into a reader’s living room even as he held the book in his lap.

Rather than sending Sallust into battle, however, what Wheatley really wanted was to be fighting himself.

Dennis Wheatley was, like the character he invented, debonair—a man of high tastes. He had a prominent chin and thick dark hair he wore parted in the middle. He sometimes fancied a smoking jacket. But when Britain entered the war he was 42, too old to be called to combat.  He was the only member of his family not to join the war effort.  His wife, Joan, loved cars and knew how much gasoline different makes used, and she soon became MI5’s petrol queen, allocating scarce gasoline for British intelligence. She also worked as a driver, using her own car.

Wheatley spent his time attacking another kind of enemy: the ration board. It was no contest. Wheatley bought provisions for his household, which included four Wheatleys and three maids, for a month. He bought a stock of cigars from Benson & Hedges: Cigars were the only vice he didn’t have, but he expected guests. He went to Justerini’s in Pall Mall and bought—on credit—the maximum amount of wines and liqueurs they would sell him.

His own entertainment taken care of, he concentrated on the war career of his protagonist Sallust, providing much needed diversion for a tense nation. Keeping Sallust in mortal peril required collecting and synthesizing everything about the war that was available without a security clearance: understanding how the Nazis fought, learning about the neutral countries, assessing the political and military forces on all sides, analyzing strategy, predicting next moves. Wheatley read voraciously, followed the news in minute detail, and lunched frequently with friends whose work put them in a position to know things.

In May 1940, Joan was chauffeuring one Captain Hubert Stringer. He confided in her that the war was going badly and it looked like Hitler might soon invade Britain. He had been asked to come up with countermeasures for resisting a German invasion, but he couldn’t think of much. “Why don’t you try my husband?” Joan said. Stringer agreed.

Wheatley was thrilled to be doing something useful. He worked through the night. Fourteen hours later, he had written a 7,000-word paper called “Resistance to Invasion.” His secretary typed it, and Joan gave it to Stringer. Two evenings later, Stringer came to the Wheatleys’ house for a drink. He told Wheatley the paper was very good—in fact, a lot of its suggestions should be carried out immediately. But, he said, it could be weeks before any of his higher-ups paid attention.

Encouraged, Wheatley asked Stringer if he could send the paper to friends high in the military services. Soon after Wheatley sent it around, Colonel Charles Balfour-Davey, a friend in the War Office, called Wheatley and asked him to come in for a meeting, at midnight. “You have certainly produced a number of ideas that have never occurred to us,” Balfour-Davey said, promising to pass the paper up the line.

Another friend to whom Wheatley had sent his paper asked him to lunch with two other men: an arms manufacturer important to the war effort, and Lawrence Darvall, a wing commander in the Royal Air Force. Some of his ideas were completely impractical, the group told him. But many were not. Most of all, the men were impressed that Wheatley hadn’t suggested building a Maginot line around London or using a thousand tanks that didn’t exist.

“The war is 10 months old, and I am still unemployed in it,” Wheatley said. “Can you suggest any way in which I could make myself useful?” Darvall gave him a new assignment: Imagine himself a member of the Nazi High Command and produce a plan for the invasion of England. He was to send it to Darvall at a curious address: “Mr. Rance’s room at the Office of Works.” Wheatley would later find out that this was the cover name for the Joint Planning Staff’s rooms in the Ministry of Defense.

On the way home from the lunch, Wheatley bought two maps of the British Isles, one geographic and one showing population density. He hung them on his library wall and sat down to think like a Nazi. Over the next 48 hours he wrote 15,000 words, taking only two short breaks. To keep himself going, he smoked over 200 cigarettes and drank three magnums of champagne.

“Britain is the Enemy. France, by comparison is an honourable foe,” began Wheatley’s paper “The Invasion and Conquest of Britain.” He laid out the case for showing Britain no mercy. “British hypocrisy, duplicity and greed” had starved German women and children to death. The World War I peace terms inspired by Britain wished to cripple Germany for all time. His first recommendations: poison gas and bacteriological warfare.

He listed 16 ways German troops could land on British soil and the precise preparations required. His charts showed how many men would be needed for each step in the invasion and how many Germany could expect to lose. He provided a day-by-day invasion schedule. A half-million German casualties were a small price to pay, he announced, as “the conquest of Britain means the conquest of the world.” All in all, it was a remarkably detailed and assured manual of how to bomb, torch, machine-gun, poison, infect, and starve Britain.

The paper was based on how the Nazis had treated the Poles and on his Sallust research. “Gregory and I had been looking pretty closely at the Nazis for quite a while,” he told a journalist later.

Darvall and his colleagues were quite shaken by the paper—“particularly by its sheer swinishness,” wrote Phil Baker, author of the Wheatley biography The Devil Is a Gentleman. Whether Navy, Army, or Air Force, they had all been taught at their Staff colleges to regard war as a matter having definite rules, like cricket. Wheatley’s work pointed up a fact that would soon become obvious: Adolf Hitler was no cricketer. Wheatley later found out that the paper had persuaded the War Office to change its predictions about how Hitler would invade.

After that, Wheatley wrote more papers—20 of them between May 1940 and August 1941, most of them completed in a sleepless frenzy of champagne and cigarettes. Their readers were a small group: the Joint Planning Staff, members of the War Cabinet, Churchill, and the King.

Then, in the fall of 1941, Churchill authorized the creation of a unit to formulate strategic deception plans for the European theater. A novelist who could think like the enemy turned out to be just what was needed. Dennis Wheatley was about to step into the pages of his own fiction.

“Car’s at the door but we’ve got a few minutes still. Always keep a bottle on the ice—or would you prefer something stronger?”

“No thanks. Champagne’s my favourite tipple and God knows when I’ll taste it again.”

When the under-butler had brought the bottle and emptied its contents into two silver tankards, Gregory said: “What about your people having seen me in this kit? I suppose they’re safe?”

“Safe as the grave, my boy. All picked men. Isn’t one of them who hasn’t been tested and proved completely trustworthy. I can’t afford to have servants in this house who might talk.”

“Of course. Silly of me to have asked such a question. Well, here we go!”

Gregory picked up his tankard. Raising his, Sir Pellinore drew himself up to his full six feet four as he proposed: “Success to your enterprise and confusion to our enemies!”

Having drunk the toast they lingered over the wine for a moment or two; then Gregory put on the heavy field-grey greatcoat that had been provided for him, slipped his own automatic into the pistol holder at his belt and followed Sir Pellinore out of the house.

The Scarlet Impostor, 1940

2. Thrillers

Wheatley had always loved to tell stories. At school he entertained his dorm mates with nightly installments of a serial he invented as he went along, like One Thousand and One Nights’ Scheherazade, only Wheatley was staving off not execution but loneliness.

The rest of what marked him—the expensive taste in food, wine, clothing, art, and women—was acquired as an adult.  It was the result of years of studied effort; Dennis Wheatley worked hard to become high-born. The Wheatley he wanted people to see was the version on the back cover of later reprints of his books: a man sitting at a desk in a smoking jacket, pad of paper in front of him, holding a pencil. Next to his right hand is a glass of port and a cigarette.

In reality, Wheatley was raised middle-class. He grew up in the London suburb of Streatham, the son of a wine-store owner. Although he loved to read, Wheatley was not a scholar. After he was expelled from school at age 12, his father sent him first to work on a naval training ship and then, when he was 16, to Germany for a year to apprentice at a winery. In Germany, he developed a taste for large quantities of German wines—the hock and kümmel that Gregory Sallust would later love as well.

Wheatley arrived home in time to enlist for World War I but was kept in England until 1917, his principal contributions to victory being reading and improving the morale of British women. Wheatley was not tall—he was just five foot eight—but he was handsome, with a strong chin.

In Britain, Wheatley fell sick with the bronchitis that would dog him for life. In the hospital, however, he would meet a character who seemed so straight out of fiction that he inspired Wheatley’s own. The model for Gregory Sallust was a tall, thin, well-dressed man whose surname was Tombe. He was only a few years older than Wheatley, had an intelligent, lined face, and walked with a limp. He preached the philosophy of living in the moment, calling himself a “conscious hedonist.” He convinced Wheatley to read widely in history, the classics, world religions, and philosophy. “In mental development I owe more to him than to any other person who has entered my life,” Wheatley wrote later.

Finally, in 1917, Lieutenant Wheatley made it to France. His optimism and sunny conviviality made him popular with his men, but in all it was a boring war for Wheatley; although he was shelled and gassed, he spent a good deal of his time in charge of an ammunition dump. Then, in the spring of 1918, bronchitis brought him home.

When Wheatley returned from the war, he again fell in with Tombe, who was no less charismatic as a civilian. Tombe’s business was white-collar fraud, but he also burned down a building so a friend could collect the insurance money. Wheatley provided alibis and offered a sort of London headquarters for Tombe, taking care of bits of his business while Tombe was away with a girlfriend.

In April 1922, Tombe was murdered by the friend who had collected the insurance money. Wheatley was devastated—he didn’t speak of it for the rest of his life.

Wheatley rejoined the family business, taking it over upon his father’s death. Wheatley and Son was a very successful Mayfair wine store, and Dennis, a born salesman and marketer, made it even more so. He bought a cellar of old brandies and had special bottles made, with fancy seals and Napoleonic crests. He poured in the brandy and hung medals around the bottlenecks, sprinkling dust on top for verisimilitude. The brandy sold out right away and inspired others to copy it with liquor that had seen much less of life than the bottles that held it.

He began to collect rare books. He took to wearing Savile Row suits during the day and white tie, tails, and a monocle at night. His middle-class birth seemed safely behind him.

But when the Depression hit, it was suddenly a very bad idea to be a wine merchant. Wheatley had always spent beyond his means, and now both he and the business were in debt. Three friends saved him from bankruptcy by buying the shop. Wheatley became a junior director with very little to do.

Throughout the 1920s, he was married to Nancy Robinson, a beautiful blond heiress to a boot-polish fortune. They had a son, Anthony. But Wheatley found fatherhood difficult, and he and his first wife had very different interests—hers were dancing and tennis, his books and wine. They both took up with others. Wheatley resumed his womanizing. In 1929, though, he met the woman he would spend the rest of his life with: Joan Younger, the sister of one of his employees. They married in 1931.

Joan had divorced her first husband, was widowed by her second, and had four children. She was handsome rather than beautiful, with large features. She was of aristocratic lineage and had a modest private income. She enjoyed her comforts and her social station, but she was also practical and competent at most everything. Wheatley was honest with her about his financial problems. Joan’s response was resourceful: She suggested he write a book.

In 1933, Wheatley began his professional writing career by publishing The Forbidden Territory, which featured a group of four friends in the style of The Three Musketeers. The Duke de Richleau, the leader, was Athos, and the Wheatley stand-in was D’Artagnan. The novel sent the group deep into the Soviet Union in January 1933. A small press printed 1,500 copies and, when these sold out, produced more—seven printings in seven weeks.

By December 1934, he published his fifth book, The Devil Rides Out. It is still his best-selling novel and the most famous of the kind of work Wheatley is best known for—novels about black magic. In 1938, Wheatley earned £12,467, more than $1 million today. He became, along with Agatha Christie, the best-selling author in Britain.

By 1940, alongside his pulp fiction for the masses, he would be writing something else, gripping papers meant only for a small group of elite readers: politicians, officers, and royalty—the men in charge of the war.

“That’s a deal. If I can prove to you that I’m worth listening to I get a straight bullet, but if you consider that I’ve wasted your time you hand me over to your thugs to do what they like with me.”

“Do you understand what you may be letting yourself in for?”

“I’ve got a pretty shrewd idea.”

Goering sighed to the guards. “You may go. Now, Sallust, I’m ready to let you teach one of the leading statesmen of Europe his business—if you can.”

Gregory relaxed, physically but not mentally. He knew that he was up against it as he had never been in his life before. Helping himself to another of the big Turkish cigarettes, he said, “May I have a map of Europe and another drink?”

Faked Passports, 1940

3. The War Papers

The first paper Wheatley composed for the British government in May of 1940, “Resistance to Invasion,” displayed the knowledge and confidence of a military planner and far more creativity. Wheatley divides the British coastline into zones: water, shore, and up to five miles inland. A typical passage reads:

Zone 2: The sole but all-important function of all obstacles and Forces in Zone 2 is to delay-delay-delay the enemy in his attempt to get a secure foothold on land, so as to give ample time for G.H.Q. [General Headquarters] to get a clear picture of the situation and to find out which, out of perhaps a hundred simultaneous attempts to land at different points, are feints and which are really dangerous threats.

He describes some 40 methods civilians can use to repel Nazi invaders: Lay a barrier of mined fishing nets two miles offshore. Barbwire the coast. Spread flaming oil on the water. Build thousands of beach bonfires to deny the enemy the cover of darkness. Dig shallow trenches in front of gunner positions, fill them with oil, and, when needed, set them on fire to give cover for retreats. Pour water into the gasoline at gas stations. Remove signboards bearing the names of inns and railway stations, all of which would help the enemy know where he was. Park trains outside railway junctions, which are natural targets for bombing. Dump highly flammable material into forests so they can be set on fire in the face of an advancing enemy.

Wheatley’s war papers overlap considerably with the Sallust novels written at the same time: his obsessions with Turkey’s independence and the strategic value of invading Sardinia, of all subjects, feature in both, among other topics. In the papers, Wheatley micromanages village defense. (“The service should open with a cheerful hymn—perhaps ‘All Things Bright and Beautiful.’”) He goes on to discuss how to boost public morale and how to protect Britain from aerial warfare. Then he moves outward, writing about grand strategy on the continent and how to take advantage of the Soviet Union’s entry into the war.

Many of his ideas were useful. Britain did, in fact, remove signage that could orient an invader; the King did establish a medal for civilian bravery. His strategic thinking was taken seriously by war planners. At one point, the directors of plans wanted to discuss a Wheatley paper but found that they had only one copy. They phoned the palace: would the King send his copy over? He would. He put it in an envelope and wrote “Personal and Urgent” on it.

But some of Wheatley’s ideas were considered utterly daft. He suggested that Britain construct convoys of 100 unsinkable log sailing rafts linked together, to bear grain and other cargo across the Atlantic to Britain on the Gulf Stream. Wheatley thought it a way to ship goods without fear of U-boats: the Admiralty politely told him it was impractical. Wheatley also proposed that a British submarine pose as a U-boat and sink the ship of a neutral country to bring it into the war. He was, of course, referring to America. He did not seem to consider the consequences if the British were caught.

Ingenious or crazy, very few of Wheatley’s ideas would have occurred to the military planners—being an outsider was his great value. He was approached by an air commodore, who had read the Sallust novels, to see if he would work with him to interpret Germany’s military plans. “You can get in the head of the enemy,” he told Wheatley. Wheatley was elated, but the project never got off the ground.

But Wheatley didn’t remain an outsider for much longer. Soon he would be recruited to do his most important work. No longer just a spy novelist, he would now be a real spy.

When Madeleine heard the news she exclaimed: “But why should Hitler have attacked Russia? He really must be crazy.”

Stefan smiled as he took her hands. “You didn’t tumble, then, to what we’ve been up to all these weeks?”

“Surely,” Gregory laughed, “the report of Hitler’s speech at the time he launched the attack, which I’ve just given you, must have provided you with the clue.” 

V for Vengeance, 1942        

4. Telling the Story

The unit that Wheatley would join was created largely at the urging of Dudley Clarke, a lieutenant colonel in Britain’s Middle East command in Cairo with a genius for deception. In his own battles, Clarke had established the value of what came to be known as order-of-battle deception: making the Germans believe that the Allied military forces were far larger than they really were. He invented entire divisions and armies. German intelligence agents—who in reality were double agents, controlled by the British—reported the movements of these fictional forces back to Hitler. The British set up fields of dummy tanks—almost perfectly camouflaged—designed to appear real to reconnaissance planes, which flew at 8,000 feet. They simulated the noise and smell of military units and even sprinkled bleach on fields to make them look trampled.

Clarke’s order-of-battle deception was extremely effective. In the spring of 1944, the Germans believed that the Allies had 14 divisions in Egypt and Libya. In fact there were three, none of them worthy of battle.

Order-of-battle deception forced the Germans to tie up troops to defend against these fictional armies; a successful deception plan could be as valuable as hundreds of thousands of real soldiers. But Clarke’s genius lay with the conclusion that order-of-battle deception was also the foundation for every other ruse—an investment that would pay off for years. If your enemy believes your exaggerations about your military might, then nearly every threat becomes plausible.

Deception, of course, is as old as war, but it had always been tactical—dreamt up and carried out as part of an operation. On a visit home in 1941, Clarke convinced London that it needed something brand-new—a centralized staff that would plan and coordinate deceptions for all its operations in Europe.

When Wheatley signed on with the military’s Joint Planning Staff, he had also, in a way, spent years pondering strategic deception. His character Sallust had carried out a classic piece of it in V for Vengeance, written in 1941. In that book, Sallust and Kuperovitch book, create a trail of documents leading the Germans to “discover” a massive plot by the Soviet Union—at that time in a nonaggression pact with Hitler—to mobilize its sympathizers in Europe to sabotage and revolt against Germany. The false evidence convinces Hitler that Russia is about to stab Germany in the back, and he invades the Soviet Union.

Deception was familiar to Wheatley on a different level as well. Deception involves first choosing a story—story is actually the term of art—that will be your cover plan. Then you break that story into tiny pieces and draw up a schedule for spooning it bit by bit into the maw of the enemy: which morsel fed by what channel on what date. The story can’t be too obvious; the enemy must make the connections himself. A key rule of deception: intelligence easily obtained is intelligence that will not be trusted.

That is how to write a deception plan. It is also how to write a novel. The cliché goes that spies make natural writers: After all, John le Carré, Somerset Maugham, John Buchan, and Ian Fleming were all spies before they started writing spy fiction. But Wheatley was out to prove that writers made natural spies. Deception work, especially, is in its essence the writing of stories. But for the Joint Planning Staff, Wheatley had to write with far more restraint than he did in his novels. The clues had to be so subtle that no one would suspect that they were clues.

Wheatley’s job, then, was to continue to write fiction—this time aimed not at millions of readers but at only one: Adolf Hitler.

Next second there was a blinding flash in the darkness. A bullet whistled over their heads and angry orders were shouted in Norwegian. Several men had sprung out of the other car and were running towards them brandishing revolvers. One man yelled in German as he ran: “We saw you ruddy Nazis signaling to that plane when we were three miles away. Hands up, both of you! Hands up!”

The appearance of the newcomers had been so startlingly swift that neither von Ziegler nor Gregory had had time to draw their guns. As they raised their hands above their heads the horrid thought flashed into Gregory’s mind that the next few moments might see him shot—as a German spy.

The Black Baroness, 1940

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5. Deception Rising

The Joint Planning Staff was a military organization, but the newest recruit to its deception team was a civilian. Not for long: Wheatley was stuffed into a two-week officer training course, and on December 31, 1941, Pilot Officer Wheatley reported for duty. The deception staff was headed by Colonel Oliver Stanley, and it had two members: Fritz Lumby, an army lieutenant colonel and former head of the army intelligence school, and Wheatley, who now held the most junior commissioned post in the Royal Air Force, the most junior service.

Wheatley’s awe at his new surroundings was tempered by the fact that he had nothing to do. Strategic deception depended on the cooperation of military services, but they couldn’t cooperate with something they didn’t know about. Part of the problem was that Wheatley and Lumby were not allowed to explain it: Their work was so secret that they were not even permitted to talk about it with the rest of the Joint Planning Staff. Since none of the women in the typing pool were cleared to know about deception—even though they typed the real plans—Wheatley and Lumby had to do their own typing.

Lumby did a lot of crossword puzzles. Wheatley had long liquid lunches, sometimes chased by a nap.

After a few days, Wheatley decided he might as well spend his time writing more papers. He eventually wrote 14 in all, the most important of which was titled “The Basic Principles of Enemy Deception.” There was no military manual for guidance on how to execute strategic deception, so Wheatley decided to make one. His paper outlined some general, relatively unsophisticated lessons. “Deception plans should be within the scope of the resources that the enemy believes us to possess,” he wrote. “No measure, short of definitively hampering our genuine war activities, should be neglected which would be taken were we actually going to carry out the deception plan.” Then he listed 49 specific tactics for fooling the enemy. The paper—later redrafted by his new chief into approved military form—was sent out to Britain’s deception planners around the world and became the bible of deception.

In mid-January 1942, Stanley finally gave his men their first assignment: persuade the Germans that Britain was planning to invade Norway in the beginning of May.

Wheatley knew this terrain. He had set a novel, The Black Baroness, in Norway during the Nazi invasion. Several times in the book, Sallust saves the King of Norway from kidnap and murder by the Nazis. Throughout the story, Sallust clings to the belief that the British will come in to repel the Nazis, repeatedly arguing that it is well within Britain’s capabilities to invade. Sallust grows more and more bitter as the weeks pass; a token trickle of British forces finally arrive and are quickly routed.

Now Wheatley had a second chance to not invade Norway. The first time, in Sallust’s world, the events were real. In Wheatley’s world, they would be fictional.

Wheatley browsed through the list of available cover names and chose Hardboiled. He and Lumby created a plan for an attack on Stavanger, in southern Norway. Scottish forces would be trained and supplied for an invasion, which at the last minute would be postponed.

Wheatley and Lumby couldn’t train or supply anyone, of course. They had to convince the military commanders in Scotland to do that. They had an easy time with most of the officers, who, lacking the clearances to know about deception, were told the plan was real. Senior officers, however, did know it was a feint, and they didn’t like it. They needed all their men and resources for real military operations. Why should they commit them to fake ones?

In the end, the exercise designed to give credibility to Hardboiled never happened. Hardboiled was postponed several times, and then the only plausible unit—the Royal Marine Division, which was trained in mountain warfare—was sent to seize Madagascar  instead.

But Hardboiled was carried out through other channels. The British printed maps of the Stavanger region, called for Norwegian translators, printed requisition forms in Norwegian, “lost” an important map of Norway (and sent people to look for it), and asked diplomats in neutral countries if they had any Norwegian contacts. Wheatley himself got in on the fun. He borrowed a more senior RAF officer’s uniform and questioned Norwegian refugees in Britain about places an airplane could land, in the hope that they would be indiscreet.

Rumors of impending invasion circled the globe. Hitler, convinced that invasion was imminent, sent 50,000 troops to reinforce the 100,000 already there.

Was this Hardboiled’s doing? It was hard to tell—and therein lay one of the key lessons of the operation: the importance of putting yourself inside your enemy’s head. Deception worked best, Wheatley and his colleagues realized, if the cover story was one the enemy already worried about. It didn’t have to be plausible—what mattered was that the enemy believed it was. Thinking as the enemy thinks meant appreciating his preconceived notions. The enemy will go out of his way to find evidence supporting these notions and, when presented with it, will be more likely to believe it. In other words, with a little help the enemy will deceive itself.

In the case of Germany, the only beliefs that counted belonged to Hitler. Germany did not have a coordinated system of filtering intelligence up to decision makers, and when information did reach the top it was often ignored. Hitler made decisions about German military strategy largely by instinct. He paid the most attention to intelligence that supported the views he already held.

But knowing Hitler’s fears and strategic eccentricities, Britain’s deceivers could choose cover plans that fed them—and Hitler was obsessed with keeping Norway under Nazi command. “The fate of the war will be decided in Norway,” he said in January 1942.

It is likely that Wheatley and Lumby’s mischief meant that 50,000 Nazi troops who didn’t need to be in Norway were now not available elsewhere. Norway was a feint Wheatley would come back to again and again. By the latter part of the war, Germany had tied up 300,000 troops in Norway—three times what would have sufficed to keep the country under German control—until it was too late to use them elsewhere. Hardboiled was the first of many times the deceivers exploited Hitler’s irrationality.

Despite Hardboiled’s outcome, for Wheatley and Lumby it had been frustrating to depend entirely on commanders who had no interest in what they were doing. And afterward the assignments dried up. Wheatley was sometimes still asked to write papers. When he wasn’t, he wrote them anyway. Things got so bad that Stanley, aware of Wheatley’s black-magic novels, asked him for a paper that assumed he had performed some black-magic rite that gave him a supernatural preview of The Times the day the war ended.

Lumby, demoralized by the idleness of their days, obtained a transfer. Stanley took leave to be with his dying wife, and then he, too, got a transfer. Wheatley stayed; even with no work, it was a far more interesting job than he could get anywhere else. But he was now alone. It looked like the idea of coordinated strategic deception was dead.

“Now do you see what I’m driving at?” Gregory said grimly. “This is not only the outline of the German plan to put the whole of Europe in her pocket; and having achieved that, to secure world dominion; it shows how she intends to do it.… That is why this document has got to be placed in the hands of my old friend, Sir Pellinore Gwain-Cust, who will put it before the Cabinet and the Allied War Council.… It must reach them at the earliest possible moment. Therefore, I intend to leave for England tomorrow.”

Faked Passports, 1940

6. In the Bunker

Perhaps Lumby transferred too soon. At the end of May, 1942, Lieutenant Colonel John Bevan became head of the newly dubbed London Controlling Section—the deliberately vague cover name for the deception section—and things started to change radically. Bevan was a wealthy stockbroker—deception, like other espionage, was a gentlemen’s game. He was also smooth, forceful, well connected, and wily. He wrote himself a charter giving London Control sweeping powers to formulate strategic deception policy and specific deception plans, and to coordinate the implementation of those plans.

Strategic deception began its transformation from a “position of near impotence,” as Wheatley grumbled, into a keystone of Allied strategy. The journalist and historian of espionage Anthony Cave Brown later wrote that the London Controlling Section was Churchill’s “greatest single contribution to military theory and practice.”

Bevan and Wheatley moved from aboveground offices into cubicles in Churchill’s bunker, the underground warren where the War Cabinet, including Churchill himself, worked—and, when necessary, ate and slept. The bunker resembled the lower deck of a battleship. It had a four-foot-thick layer of concrete over the ceiling, phone lines to military commands around Britain, and a hotline from which Churchill could speak directly to President Franklin Roosevelt. It was stocked with provisions for three months. If Germany ever occupied London, the bunker could be sealed off and Churchill and his officials could continue to wage war.

Within two months of taking over, Bevan was given an enormous task: keep the Germans away from the planned Allied invasion of North Africa, Operation Torch. The plan for Torch was to sail convoys from America to land in three places in Morocco, and from Britain through the Straits of Gibraltar to the Algerian cities of Oran and Algiers. Bevan and Wheatley now had the job of writing and coordinating a deception plan to cover the largest amphibious operation since the Spanish Armada.

They designed eight different plans to deceive the Germans. Four covered the convoys to North Africa. First, the story held that the troops were sailing for the Middle East. Then, once they entered the Mediterranean (it was going to be hard to get through the Straits of Gibraltar unobserved), a new story kicked in: They were heading for Sicily and Malta.

Two other plans were intended to convince the Germans that General Dwight Eisenhower, who was commanding the expedition, was actually in Washington. Away from the Mediterranean, another plan aimed to make Germany think the Allies were planning an invasion of Pas de Calais, in northern France, so the Germans would tie up troops there. And finally, there was an old friend: once again, Britain was not going to invade Norway.

This was rather a lot for three people—there was now also a secretary—and Bevan hired three more. Major Ronald Wingate became Bevan’s deputy. Harold Petavel was responsible for intelligence. A naval officer, James Arbuthnott, joined Wheatley to write the deception plans and coordinate their implementation with the services. Wheatley was also chairman of a committee with members of the intelligence services whose job was to think up creative new channels for deceiving the enemy.

Wheatley drew up a large chart for Torch showing every deception move, every day, until the expedition sailed. The amount of detail to be tracked was staggering. Wheatley had gone from micromanaging village defense to micromanaging massive invasions—at one point he was begging the War Office, unsuccessfully, to supply some Scottish units with mules. The fact that these invasions were fictional didn’t make the job much easier.

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With a shrewd glance at his guest Goering said: “I see you’re a connoisseur,” and turning to the butler he ordered: “have a couple of bottles of my Marcobrunner Cabinet 1900 sent up.”

“1900!” murmured Gregory. “By Jove! I didn’t know that there were any 1900 hocks still in existence.”

Faked Passports, 1940

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7. Wheatley’s Secret Weapon

Wheatley’s celebrity, his conviviality, and his bank account were almost as valuable to the London Controlling Section as his creativity. Now that the military commanders were allowed to know about deception plans, it fell to Wheatley to explain them and to convince the commanders of their value. His weapon was lunch—always an area of strength for Wheatley. “Eating for Victory,” he called it.

He started the practice as a guest of Major Eddie Combe, before the war a wealthy stockbroker, at a restaurant called Rules. Those lunches began with two or three Pimm’s, then an absinthe cocktail. A good bottle of red or white wine accompanied a meal, and port or kümmel followed. They would eat smoked salmon or potted shrimp, then a Dover sole, jugged hare, salmon or game, and a Welsh rarebit to wind up. Wartime rationing was not welcome at their table.

These lunches were invaluable to Wheatley. He could call almost anyone and say, “I met you at lunch with Eddie Combe.”

Combe’s social scene encompassed a large cross-section of the London espionage world. At one party, thrown by an Eddie Combe contact, Wheatley’s wife, Joan, was nearly killed. She had taken a White Lady cocktail off a tray and a few minutes later went green in the face and passed out. They later found out what happened: Joan took the wrong drink. A guest at the party, a Polish officer, was suspected of double-crossing the British. The White Lady had been aimed at the Pole, designed to disorient him before interrogation.

Wheatley put this incident to use: In Come Into My Parlour, Sallust switches brandy-and-soda glasses with Soviet Marshal Kliment Voroshilov, who is commanding Leningrad during the siege. Voroshilov drinks truth serum he meant to give Sallust and ultimately gives Sallust critical information about Soviet military strategy.

After numerous lunches with Combe, Wheatley resumed the role that came naturally to him, that of host. His social strategy was to begin with rigidly correct behavior. On being shown into the room of an admiral, general, or air marshal, he would stand at attention until addressed. This usually resulted in a smile or an invitation to sit down and the offer of a cigarette. After the meeting, as he got up to leave, Wheatley would say: “I wonder, sir, if you have a day free to lunch with me?”

Such an invitation would have been scandalous from any other very junior officer. But many of the generals had read Wheatley’s books. After slight hesitation, they nearly always accepted. And at lunch, Wheatley would then ask them to dinner.

Then he passed his new friends along to Bevan. “I was able to introduce Johnny on the ‘old boy’ level to all these people,” he wrote. “And he took swift advantage of it.”

Wheatley himself held a permanent table at the Hungaria restaurant—an establishment familiar to readers of the Sallust books; Wheatley liked to advertise for his friends. He and Joan gave lavish dinner parties in their flat at Chatsworth Court. On New Year’s Eve 1943, they rented out the restaurant in the basement of their building and treated more than 100 people to champagne, foie gras, and other food and drink that during the war had become a distant memory.

Wheatley kept lists of his important lunch and dinner guests. One of the guests was a Naval Intelligence officer with whom Wheatley occasionally worked named Fleming. Ian Fleming. Fleming was not yet a writer, but he was interested in becoming one. He could well have learned from Wheatley about writing popular spy novels. It is more than possible that Fleming learned from Gregory Sallust.

Wheatley also took advantage of his fame as an author to add to the deception in the Mediterranean. Bevan had sent an intelligence offer to travel to Gibraltar, Malta, and Cairo to brief officials there about the cover plans for Torch. Wheatley had a friend in Cairo, Henry Hopkinson, and he gave Bevan’s envoy an autographed copy of his just published V for Vengeance to take to Hopkinson. He slipped a chatty letter on Cabinet Office stationery into the book, introducing the envoy. In the letter was a casual reference to the possibility of the British coming to the aid of Malta. London Control knew that any British officer staying in a Gibraltar hotel would have his luggage searched and any documents copied by German agents.

It was one of several mini-deceptions perpetrated by Wheatley himself. In the spring of 1943, the Allies were selling the story that they were going to invade France, to draw German troops away from the Mediterranean. Bevan ordered the printing of some banknotes with “British Army of Occupation in France” printed in bold letters. All the deceivers carried a few of them in their wallets. Whenever Wheatley paid a taxi driver or shop clerk, he used one. Then, once the bill had been noticed, he would quickly pull it back and substitute an ordinary pound note.

The uncertainty in Grauber’s eye deepened. “When,” he said slowly, “when did you find out about Einholtz?”

“The very first night I met him,” Gregory replied amiably.

“So!” exclaimed the Gruppenfuhrer. “And you talked to him about Russia?’

“I did. I told him every single thing I knew, and—er—just a little more.”

“Zum Donnerwetter!” Grauber roared, smashing his fist down on the table. For a second he paused, white-faced and trembling, then he swung round to his adjutant. “Kohler! Get me on to the Fuhrer’s Headquarters. At once! Instantly! Use the highest priority! Clear all lines!”

As the adjutant dashed from the room Gregory laughed and said: “So Einholtz did pass on that false information I gave him about the impending counter-offensive from south-east Moscow. And you passed it on to the Werhmacht, eh? I wonder if they acted on it? If they did I’ll have killed a hundred thousand of you filthy swine before Christmas, and saved Moscow! My God! If Erika and I have to die, that will be something worth dying for.”

“Oh darling!” Erika cried, clasping his arm. “Oh darling! What an amazing feat!”

Come Into My Parlour, 1946

8. Special Means

By the end of 1942, strategic deception had acquired a new prestige. The deception plans to protect Operation Torch were a complete success. The Germans removed no troops from Norway and reinforced their defenses in Northern France, thus wasting troops that might otherwise have gone to North Africa. Most important, the enemy was completely deceived about the convoys’ targets. The British convoys arrived in Oran and Algiers without the loss of a single ship or man. They caught the Germans and Italians napping, literally—the Italian chiefs were seized in their hotel, in pajamas. Algiers fell to the Allies the first day and Oran the third.

Strategic deception was now reliably misleading the Germans. “We see the possible Allied plans being discussed round the [German intelligence] council table,” Wingate wrote in his official history of World War II deception against Germany. “The resemblance of these discussions to a morning meeting of the London Controlling Section almost approaches the ludicrous.”

London Control owed its achievements to several factors. One was the nature of the war at the time. Since there was little direct engagement, both Britain and Germany were heavily dependent on non-operational intelligence to find out what the enemy was planning and what it could do. For Germany, even aerial observation was limited; by 1943, the RAF had near total control of the skies over Britain. German knowledge about enemy plans and capabilities had to be deduced from reports of what was going on in enemy ports, arms and airplane factories, and military bases. This made deception both possible and useful. And with the development of wireless communication, manipulation could respond quickly to events. A crucial message sent by a top agent could land on Hitler’s desk within 30 minutes of transmission.

Britain had the huge advantage of being able to understand enemy communication. The Germans thought their Enigma machine ciphers were unbreakable, but British and Polish codebreakers proved them wrong, famously deciphering the Enigma code. Their furious effort began to pay off in 1941. Among their many decisive contributions, these intercepts provided instant feedback on how well British deception strategy was working and constant updates on how to tailor deception. Did the Germans accept the stories London Control was putting out? What did the enemy believe? What did it fear? London didn’t have to guess.

But sheer luck was also a factor. British deception succeeded in part because the Axis’s intelligence services were shockingly poor. The Abwehr—the German military intelligence service—was both badly run and corrupt. Some officers pocketed the money that was supposed to go to their agents, filling the resulting information gap by making things up. The Abwehr also suffered from the typical disease of intelligence services: agent inflation. Officers competed to run the largest number of agents, which means that they had little incentive to doubt anything an agent told them. Gullibility was rewarded.

Perhaps most important was a new channel for deception at London Control’s disposal, known as “special means”: the double agents. Britain knew that it controlled many of the spies Germany had sent to infiltrate the country. But until the spring of 1942, these double agents had performed limited tasks. MI5 used them to assess what the Germans knew, getting clues from the questions their German handlers posed. The agents’ encrypted messages held secrets about German codes.

What they weren’t being used for was strategic deception. They did pass on isolated pieces of tactical misinformation. But with anything bigger, the British worried that real German agents would contradict the fake agents’ lies and blow the whole network.

In June 1942, it dawned on the British that, incredibly, they controlled every German agent in Britain. The British knew of every agent who transmitted radio reports, sent mail to Abwehr addresses, or received pay through the usual channels. Every single one of them had been doubled. That meant they could use the agents to deceive the German High Command without fear of contradiction. The information the agents reported to their German handlers was chosen by the XX Committee—referred to as the Twenty Committee, but XX also meant double-cross. Now their reports would include the stories invented by London Control.

The single most important channel for conveying the deceptions of London Control to the Germans—indeed, the most important spy of World War II—was a man who never spied on a soul. His code name was Garbo, and he was, in essence, a fiction writer himself. If Wheatley was the first link in the chain of deception, Garbo was the last. He took the plots outlined by Wheatley, Arbuthnott, and Neil Gordon Clark, their new colleague in the deception plans department, and spun their tales in his own language and his own florid style. Tomás Harris, his case officer, was his editor.

Garbo—the Germans called him Arabel—was a  short, balding, bespectacled Catalan named Juan Pujol. Pujol had offered his services to the British consulate in Madrid as a spy and had been turned down. Then he volunteered to work for the Germans—in order to go back to the British, now with more interesting wares to peddle. The Germans accepted, supplied him with invisible ink and codes, and thought they were sending him to England. In fact, he moved to Portugal, where he became a one-man freelance deception team.

Garbo had, in fact, never been to Britain. He relied on a Baedeker tourist guide to England, a Bradshaw’s railway timetable, a large map, and a heroic imagination to write a constant stream of lies plausible to the Abwehr. Before long he was making an impact: After he reported that a convoy had sailed from Liverpool to Malta, the Germans sent reconnaissance planes to find the convoy. They failed.

The British discovered Pujol’s existence right after they broke the Abwehr codes. They were mystified. The England this spy was describing was not a country they recognized. The military units he talked about didn’t exist. He even got the weather wrong—embassies did not flee London in the summer because of the heat—and seemed confused by pounds and shillings. Yet he was a writer persuasive enough that he could get the Germans to jump with a single report. In April 1942, the British smuggled him to England, vetted him, and decided he was the real thing. They dubbed him Garbo, the greatest actor in the world. He told his German contact that he had been given political-refugee status and was now freelancing for the BBC and the information ministry. The Abwehr was thrilled.

Wheatley, as a planner, was not cleared to know about secret intelligence activities. He wasn’t supposed to know about this fellow master of fiction, a writer whose baroque style gave life to the bare-bones plots that Wheatley wrote. But he did know—Garbo was too juicy to stay a secret, at least inside the bunker. And he was the bunker’s most prolific conduit to the enemy.

The ideas that Wheatley and the other planners sketched out in a few paragraphs would feed through the XX Committee down through MI5’s case officers to Garbo, who would craft from them long, flowery messages in Spanish to the Abwehr’s Madrid office. By letter—and, later, by Morse code through wireless transmission—Garbo sent thousands of these reports about the goings-on in British ports, factories, and military bases. He claimed to have gathered his information from a network of spies he had assembled of various nationalities, jobs, and locations, including several anti-British Welsh nationalists, a Venezuelan businessman in Glasgow, an Indian poet in Brighton, and the poet’s mistress in the Women’s Royal Navy Service. Some in Garbo’s network, he claimed, were unaware that their information was being used, and at least one thought he was spying for the Soviet Union. Garbo’s sub-agents, he told his German handlers, had sub-agents of their own.

The Germans trusted him enough to take action based on his word alone; when they changed their codes, they sent Garbo the new ones. He was the perfect spy: prolific, each report exhaustive, able to rely on a vast network of agents in strategic locations across Britain. In July 1944, the Germans awarded Garbo the Iron Cross.

In reality, Garbo spent his days with Harris, his Spanish-speaking case officer, in a small office near the headquarters of MI5. His network was entirely imaginary. He was able to endow his characters and their adventures with enough verisimilitude that Germany trusted them completely—remarkable, given that their job was to get every single important thing catastrophically wrong. This required ingenious plotting by London Control and the XX Committee, but it also took Garbo’s literary virtuosity: the telling detail, foreshadowing, and writerly misdirection that every good novel requires.

A popular thriller writer, Wheatley drew on his imagination to produce cover plans for Allied operations. His work included a plan, code named ‘Bodyguard,’ to deceive the Germans about the place and date of the Allied ‘D-Day’ invasion of Europe.

—Caption accompanying a photo of Dennis Wheatley at the Churchill War Rooms Museum

9. The Final Chapter

The fictional Gregory Sallust may have been able to win World War II by himself. Dennis Wheatley could not.  By 1943, the year before the Allied invasion of Europe, the London Controlling Section had grown to seven full-time employees. London Control had designed and coordinated the implementation of dozens of deceptions, all leading up to one final job. Their task: to ensure that when Allied forces landed in France, no Germans would be there to meet them.

The deception plan, code-named Bodyguard—so called because Churchill had told Stalin, “In wartime, truth is so precious that she should always be attended by a bodyguard of lies”—would be on an order of complexity with the invasion itself. The group’s initial paper, titled “First Thoughts,” was a grim document—hardly surprising, given that the deception task seemed impossible. When it was presented to the chiefs of staff of the Allied command, the reaction, according to Bevan’s deputy Wingate, was “more despairing than unfavorable.”

Hitler, after all, knew the Allies were preparing to invade Northern France. Doing so would require preparation on a massive scale—the Germans could not possibly fail to notice. And landing in France was just the beginning: Even if Hitler was fooled about the exact location, German forces would be sitting close enough to be able to smash the Allied expedition in a few days.

The task for London Control, then, was to hide something huge that the Germans were already looking for—and that the Germans knew the Allies would do everything possible to hide. After the operation began, moreover, it had to stay hidden. The problem stumped London Control through many drafts. At Christmas in 1943, Bevan’s latest was so qualified by counterarguments that Wheatley implored him to hide all the negatives in an appendix that no one would read—or else the chiefs would sack them all and perhaps abandon the idea of deception entirely.

Finally, in February 1944, the answer came in the elegant form of a double bluff. Preparations for the invasion couldn’t be hidden—but they could be used to hide something else. They would make the Germans believe that the landing in Normandy was itself a feint, designed to draw German troops away from the real invasion, which would take place in Pas de Calais some weeks later.

This story exploited several of Britain’s great deception coups. The Germans had a greatly exaggerated notion of the strength of the forces the Allies could turn on France. A week before D-Day, Hitler thought the Allies could command more than 80 divisions in Britain, when in fact there were only 52. That overestimation added credibility to the idea that the Allies could follow up the Normandy landing with a much larger one in Pas de Calais. So instead of hiding the force buildup and the influx of troops from America and Canada, London Control exaggerated it. A bare-bones United States First Army Group already existed in Britain. Now it was stocked with a million imaginary men and a fearsome commander: George Patton. Patton’s ghost army would become the threat that would keep the Germans pinned down in Pas de Calais.

The other great coup was Britain’s information monopoly. The Germans could listen to radio traffic from inside Britain, and through triangulation they could pinpoint where it was coming from. But they could not see inside, thanks to British control of Germany’s agents and the RAF’s domination of the skies.

Carefully prepared scripts simulating all the normal traffic of an army group—hundreds of messages a day—were drawn up and transmitted. The Admiralty did the same to simulate amphibious assault divisions. It also put out 255 inflatable landing craft, just in case the Germans managed to put some planes in the air to see them. And, most important, the double agents supplied countless reports confirming the Pas de Calais landing. Garbo alone would send and receive more than 500 messages between January 1944 and D-Day.

Bodyguard was actually made up of 36 separate plans, all coordinated by London Control. Even Churchill’s own speeches were run through Bevan and his colleagues.

Meanwhile, through the fall of 1943, Wheatley had been writing a paper he gave the working title “Essorbee,” which stood for “shit or bust.” “Essorbee” outlined the many ways Wheatley developed to draw enemy forces around Europe away from Northern France. A lot of his ideas involved threatening neutral countries, which the Foreign Office didn’t like. But a few were included in Bodyguard, including a plan to use Sweden to convince the Germans that yet another invasion of Norway was in the works. Intelligence decrypts showed that the Germans bought it. It already had 17 divisions in Norway but now reinforced them.

As 1944 rolled on, the hour approached that would put Bodyguard, and the Allies themselves, to the final test. If the invasion of Normandy lacked the advantage of the unexpected, it would fail. If it failed, Britain, having spent its forces, would likely have no choice but to offer Hitler its surrender.

Momentarily Gregory had forgotten that he was in German uniform. With sudden horror he realized that he was in a most ghastly fix. He could not kill the Frenchman who was glaring at him and in the split second that it would have taken to pistol the fellow had he been a German he saw the man’s finger crook itself round the trigger of his rifle.

The Scarlet Impostor, 1940

10. Armageddon

The first wave of aircraft flying into France, and into history, began taking off from the Royal Air Force base at Harwell, headquarters of the Sixth British Airborne Division, at 11:03 p.m. Over the next few minutes, 13 more planes left, precise to the second. It was June 5, 1944, one hour before D-Day.

The planes were carrying paratroopers or pulling gliders behind them. Their mission was to drop men and materials into Normandy, to protect the eastern flank of the marine invasion that would come at dawn. Once on the ground, the men would destroy German artillery and capture or blow up bridges to block German reinforcements from joining the battle.

Among the men smoking and pacing through the night in Harwell was Wheatley. He had come to watch the liberation of Europe begin. He had wanted to go with the pilots into France, to watch his deception play out in action, but he was barred. His superiors decided that he knew too much.

So he watched.

At 2:15 a.m, the first pilots out began arriving back at Harwell. One by one they came to the briefing room to give their report to the base commanders. The first pilot said that all had gone smoothly. They had dropped their paratroopers right on the mark. “No flak, nothing to see, no excitement,” the pilot said. “It might have been just one of the practice night droppings.” The pilot seemed disappointed that no one had bothered to shoot at him: He had spearheaded the invasion of Normandy, and it felt like nothing.

Wheatley was jubilant at the pilot’s report. We have achieved the dream of all commanders, Wheatley thought to himself: complete tactical surprise.

Over the course of D-Day, 160,000 Allied troops landed in France. The German Seventh Army, stationed in Normandy, had not gone on alert. General Erwin Rommel, commander of the German forces on the Channel coast, was on leave to celebrate his wife’s birthday. Hitler’s men believed the news of Normandy landings insufficient to wake the Führer until 10 a.m. on June 6, nearly 10 hours after the airborne infiltration and three and a half hours after the marine assault had begun.

Allied soldiers faced deadly opposition, especially on Omaha Beach, which was defended by the Germans’ best division in northwestern France. But no troops had been sent to reinforce them for a sustained assault. The invasion was a complete surprise.

Hitler held steadfast to his belief that Normandy was a feint. By mid-July, the Allies had brought 30 divisions ashore in Normandy, but there were still 22 German divisions sitting in Pas de Calais, waiting for General Patton and the “real” invasion. Hitler did not begin to release them until July 27.

The British use of strategic deception had no precedent in military history; Wingate, the historian, called it “almost a new weapon.” It won the war. June 6, 1944 was Armageddon. London Control had ensured that only one side showed up.

Coming to a halt, Gregory waved the torch from side to side, then shone it into the impenetrable murk ahead. What they saw filled them with consternation. There was not a ripple on the water but it stretched from one side of the tunnel to the other and as far before them as the beam of light carried. Apparently, unless they were prepared to swim, it barred their further progress completely, and in its absolute stillness there was something vaguely menacing.Gregory flicked the torch out. Instantly the darkness closed in upon them like a pall.

Traitor’s Gate, 1958

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11. The Legacy

Dennis Wheatley’s World War II ended on December 22, 1944. He had spent three years as a deceiver. The war was largely won by then, and the most important deception was emerging from General Eisenhower’s headquarters in France.

Paper, like everything else, had been rationed during the war, so Wheatley’s books were not being reprinted. And as he had never been good at living within his means, particularly the means of an air force wing commander, Wheatley asked to go home and back to his writing.

A spy story would have been the obvious choice when Wheatley returned to his craft. After all, Gregory Sallust’s activities had stopped in 1941, and he had the rest of the war to win. But there was a problem: By now, Wheatley knew too much fact to safely write spy fiction; the Official Secrets Act loomed. Instead, he turned one of the more eccentric schemes of his war papers—a convoy of log rafts sailing the Gulf Stream—into fiction. It was a book about two people whose raft drifts down to Antarctica. He entitled it The Man Who Missed the War. The Sallust series resumed in 1946; in three  more books, Sallust saves the Soviet Union and, later, infiltrates Hitler’s bunker to convince the Führer to commit suicide.

Sallust’s lasting influence can be seen in the career of his true heir, James Bond. In 1953, Ian Fleming, Wheatley’s Naval Intelligence colleague, published Casino Royale, his first novel.

Although Bond lives on, he and Gregory Sallust seem like emissaries from the past. Today, the world of spy fiction—a world defined largely by John le Carré—is one of moral relativism and shades of gray, populated by weary men weighed down by existential doubt. Sallust and Bond, by contrast, are the debonair, ruthless, elegant, steely connoisseurs of luxurious goods and luxurious women. They are called in the most dangerous times; the most pivotal events turn around them. Their world is black and white, good vs. evil.

It is a caricature—but one that also describes the world of Sallust’s creator. Wheatley’s world, too, was black and white, good vs. evil. He was part of a small group of men who had a hand in nearly everything that mattered. Some of the deception coups Wheatley worked on—in a major role for the invasion of North Africa, as part of a larger group for D-Day—were as remarkable as anything he could dream up for Sallust. The espionage of Gregory Sallust did not stand the test of time. Only the espionage of Dennis Wheatley endures. 

The Electric Mind

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The Electric Mind

One woman’s battle against paralysis at the frontiers of science.

By Jessica Benko

The Atavist Magazine, No. 15


Jessica Benko is a freelance journalist focusing on stories about science, medicine, technology, and the environment. Formerly a producer for WNYC’s Radiolab and science editor for WNYC’s Studio 360, her written work has appeared in National Geographic and The Virginia Quarterly Review. She lives in Brooklyn, New York.

Editor: Evan Ratliff
Producers: Olivia Koski and Gray Beltran
Copy Editor: Sean Cooper
Fact Checker: Spencer Woodman
Illustrator: Damien Scogin, dls4.com
Audiobook Voice Artist: Liz Stephens

Published in May 2012. Design updated in 2021.

Chapter One

“The primary aim, object, and purpose of consciousness is control.”

—Conwy Lloyd Morgan, ‘An Introduction to Comparative Psychology’

The first thing Cathy Hutchinson became aware of upon waking from three weeks in the quiet of a coma was the rhythmic alternation of surge then draw: whoosh, hiss, whoosh, hiss. As the contours of a room began to resolve before her eyes, she discovered the source of the sounds—a ventilator machine beside her bed. Her eyes followed the curve of a plastic tube issuing from the noisy box until it disappeared under her chin, entering her body through the opening in her throat left by a tracheotomy. When she tried to raise her head, she discovered that she could not. No amount of effort allowed her to lift her hand or flex her feet.

Her last memories were of feeling sick, of passing out as her 18-year-old son, Brian, helped her up the stairs to her bedroom, of waking briefly on the rough carpet of the hallway, unable to move. She was 43, a healthy nonsmoker, single mother of two, post office employee. She and Brian had taken a break from planting their annual vegetable garden to check the score of a basketball game when she began to hear a loud buzzing in her ears and was overcome by a wave of nausea.            

On that spring day in 1996, it took doctors nearly 12 hours following Brian’s emergency call to discover that Cathy had suffered a catastrophic brain-stem stroke. The brain stem is located at the base of the skull, a small region of primitive structures crucial to survival. It governs the critical functions of breathing, swallowing, blood-pressure regulation, and consciousness and conducts all messages between the brain and the spinal cord.

A brain-stem stroke is the sort of medical event that can result in death immediately or soon thereafter. But in Cathy, who was young and in otherwise good health, the stroke disconnected her brain from the descending motor tracts of her brain stem—the neural pathways carrying instructions to her muscles—leaving her “locked in,” not only quadriplegic but also unable to speak. The ascending tracts, which carry sensory information from body to brain, remained intact, allowing her the experience of pain, itch, heat, and cold but not the possibility of addressing them. She had a sensate, lucid mind incapable of action.

The best-known locked-in person is Jean-Dominique Bauby, the former editor of French Elle magazine who, like Cathy, had a brain-stem stroke at the age of 43. He wrote a book about the experience, The Diving Bell and the Butterfly, by communicating with an assistant by blinking his left eye. “But my communication system disqualifies repartee,” he wrote. “The keenest rapier grows dull and falls flat when it takes several minutes to thrust it home. By the time you strike, even you no longer understand what had seemed so witty before you started to dictate it, letter by letter.”

Unlike Cathy, Bauby endured his condition for just 18 months, eventually succumbing to pneumonia. When I first met Cathy, she had been unable to move or speak for 14 years. She was a participant in a promising medical study I was researching, involving experimental trials that tested the limits of science’s ability to tap into the brain of someone in her condition and read meaningful signals. In strict accordance with privacy protocols, the scientists identified her only as S3, but when I investigated their work further I discovered that Cathy had been featured in a television segment about the early years of the study. I was, I admit, intrigued by the extreme nature of her disability, and I wanted to know more about the research from her point of view. She was a scientific pioneer, it seemed to me. The question was, how did she view herself and the experiment? I scoured the Internet until I found contact information for someone I thought might be her son. It turned out to be Brian, who relayed my request for an interview to his mother. Once she agreed, and after I had been vetted by the directors of the research study, I set up our first meeting.

Bauby’s sharp observations of the dark ironies of his condition left me uncertain about what to expect from her. It’s not hard to imagine a poisonous strain of bitterness growing over a decade and a half of insurmountable helplessness and inexpressible opinions—or, more precisely, it’s not hard to imagine that happening to me if I were in her place. (“In the past,” Bauby wrote, “it was known as a ‘massive stroke,’ and you simply died. But improved resuscitation techniques have now prolonged and refined the agony.”) Yet, survival for so many years with her condition seemed incompatible with that sort of resentment, and I half wondered if I might meet a paragon of nonattachment, preternaturally skilled in quieting the echo chamber of her skull.

Chapter Two

“Against the assault of laughter, nothing can stand.”

—Mark Twain

I first met Cathy on a warm August day at her nursing home in Dorchester, Massachusetts. She was outside in a courtyard with other residents, in the shade of a large tree. At 57, she had skin that was still beautifully smooth, free of the lines and discolorations of age. Her nails were neatly manicured, her hands drawn into her lap. Her forearms were in braces to combat the contraction of her wrists and fingers into the sharp angles that result from neurological damage and disuse. A seat belt secured her to a motorized wheelchair.

What recovery her body was able to make had happened early on after the stroke. She could control her eyes, she could swallow and breathe on her own, and she could move her head slightly, which allowed her to operate the wheelchair with a button on the headrest behind her. She smiled at me, which I hadn’t realized she could do, and flicked her eyes upward in agreement when I said I was pleased to meet her.

Cathy’s daughter, Holly, had come to help with our meeting. She visited her mom often, driving from her home just over the Rhode Island state line. She had shoulder-length chestnut hair framing a round face, a warm smile, and eyes just like her mother’s. She was proud of her mother’s resilience and happy to help her tell her story. We made small talk as Cathy led us down the long hallways to her shared bedroom, where her roommate was watching a biography of Doris Day on television. Holly gathered up her mother’s link to the outside world: a computer equipped with a head-tracking device. We navigated out past the nurses’ desks and open common areas to a long, empty family room.

We had planned for Cathy to use her computer to communicate with me. The machine itself, a system modified by engineers at UMass Dartmouth’s Center for Rehabilitation Engineering to allow Cathy to use email and do some basic Web browsing, sat on a rolling computer stand that could be positioned in front of her. A camera tracked a small white target on the bridge of her eyeglasses, and when her gaze rested in the same place for a few moments, the software would perform a mouse click. In this way, she could slowly pick out letters on a keyboard. I wanted to be in her line of sight, as in a normal conversation, but with the computer placed deliberately in front of her face I couldn’t sit across from her and still see her. I wound up standing somewhat awkwardly beyond the screen, so we could at least see each other’s faces with ease. 

Head tracking requires total focus by the operator; stray movements can easily cause the software to misfire. Parked in the middle of the family room, Cathy struggled to control the program, and minutes elapsed as she attempted to compose an answer to my first question. Holly approached to readjust the placement of the computer. “What’s happening?” the synthesized female voice of the computer interjected, “Hi! I am Fred.”

After 10 minutes of effort that yielded only 17 words, we gave up on the computer, instead using the more reliable method of a transparent acrylic alphabet board, which was stored inside a polka-dot bag hanging from the back of the wheelchair. Tracking eye movement through the alphabet board takes practice, so Holly acted as translator. Holding up the board between herself and her mother, Holly shifted it until she thought her eyes met Cathy’s on the flip side of a letter, which she then named aloud. If she was correct, Cathy looked up to the right for yes. If not, she looked down to the left for no. It was easy to get tangled up in the recitation of letters and lose sight of the words she was trying to form. Holly called out letters in succession until, like the predictive-text function of a cell phone, she thought she could complete the intended word. The pace hinted at the dissonance between the speed of Cathy’s thoughts and the speed with which she could communicate them.

Over email, which allowed Cathy to take more time with her communication, and in two visits together with Holly, we pieced together the progression of years since her stroke that afternoon in May 1996. Like Brian, Holly had been a teenager, age 17, at the time of Cathy’s stroke. She remembers her mom as playful and active, an avid gardener and an enthusiastic cook. “My mom was always goofing around and singing and dancing,” she told me. “That’s one of my cherished memories, dancing in the kitchen.”

The weeks of Cathy’s coma are a blur for her kids. They lived with extended-family members while Cathy’s sister took over guardianship of their mother. “We relied on social workers, because we didn’t know how to navigate anything, it was so foreign to us,” Holly said.

Cathy’s sister was the first person to recognize that Cathy had emerged from her coma and had voluntary control over her eye movements. She alerted a junior resident at Massachusetts General Hospital, Dr. Aneesh Singhal, and he and Cathy began to communicate, at first using the binary code of yes and no. But the discovery that she was conscious and mentally alert didn’t mean an optimistic prognosis. “They never sugarcoated my condition,” Cathy told me, “nor did the doctors offer any hope for recovering. I appreciated their honesty, but I would not accept paralysis as a permanent way of life.” She had raised her children as a single parent, and for the first time she felt helpless.

She was firm in her resolve to battle her way back from her stroke. Though she was, in the neurological lingo, awake and alert, she struggled at first to control her emotions and found herself laughing hysterically for no identifiable reason. Over time she regained her emotional equilibrium and accepted that although she disliked being dependent on others for even the simplest tasks, she had no choice but to consent to  the assistance. Her family and her children drew closer together, depending on one another in ways they never anticipated.

At the nursing home, Cathy’s electric wheelchair gave her a cherished degree of independence, allowing her to move around without assistance. Arrow indicators on a panel in front of her cycled through the cardinal points, and when the desired arrow lit up she bumped the button with her head to cause the chair to move. I laughed when I noticed a speedometer on the control panel. Holly told me that when her mom had gotten the new chair, she’d said, “‘Let’s go out in the parking lot and see how fast she can go.’ It goes up to five miles an hour, and when you’re in five-miles-an-hour mode it spins just as fast, too. She jumped out of her skin!” Cathy laughed, a short burst of air that vibrated across vocal cords she can’t voluntarily control.

The wheelchair enabled her to keep up with her three grandkids, A…N… A…N…G…E…L… A…N…D… T…W…O… T…E…R…R…O…R…S, she joked of her granddaughter, 9 at the time, and her 2- and 3-year-old grandsons. The older boy, Holly said, liked to sit on Cathy’s lap in her seatbelt and drive around with her in her wheelchair, yelling, “Faster, Nana, faster!”


In our early conversations, Cathy was careful to maintain an air of hopefulness and determination in her answers to my questions. There could be no spontaneity in our exchanges, and she betrayed few of the harder emotions that must have taken hold of her at times. Her responses followed well-trodden paths through the narrative of overcoming extreme hardship: She had a greater appreciation for life. She realized that she’d taken her life for granted. She was happy to have a second chance. She learned not to allow her condition to stop her life. They were stock sentiments but sincere. And they were likely the anchors that kept her mind from drifting into darker waters. Her lack of self-pity seemed genuine. She was never concerned with the why of her stroke, only with the how: how it had happened and how she could overcome the worst of it.

But her dreams of greater autonomy were close to the surface, even as they remained maddeningly out of reach. When I asked what her days consisted of in the nursing home, she replied, F…R…U…S…T…R…A…T…I…O…N. Her options were limited. She read books, she said, something she had never had time for before. Her favorites were biographies—she particularly enjoyed one about Rose Kennedy, a fellow resilient Massachusetts mother whom she admired—but the selection of books programmed to work with her computer was small. She could watch TV to the point of saturation if she liked, but Cathy could only stand to watch the news.

Tony Judt, a historian who died in 2010 from ALS, a progressive neurological disorder that leaves a patient locked in before his eventual death, dictated an essay, entitled “Night,” after he had become essentially quadriplegic but before he had lost the ability to speak. Judt described the psychological pain of thwarted desires, of the inability to stretch or scratch or adjust in response to discomfort. Hardest to bear was the nighttime, when, for seven unattended hours, “there I lie: trussed, myopic, and motionless like a modern-day mummy, alone in my corporeal prison, accompanied for the rest of the night only by my thoughts.”

At one point, I asked Cathy if she had come up with a system that kept her comfortable when she was alone in her room at night. She laughed again and spelled out A…M…B…I…E…N.

“Loss is loss,” wrote Judt, “and nothing is gained by calling it by a nicer name. My nights are intriguing, but I could do without them.” 

Chapter Three

“Mind knows the world and operates on the world by means of its body. It is hard to escape the conclusion that bodies existed before minds and minds only exist because there are bodies fit for them.

—A. D. Ritchie, ‘The Natural History of Mind’

Humans have long sought to stave off death by replacing what they could not heal. Many diseases and injuries of the body do not impact the life of the mind. The scientific endeavor to overcome the frailty of the body to preserve the life of a sound mind has been closely linked with experiments to determine which parts of our bodies we could live without, leading toward the conclusion that the brain, the seat of self and consciousness, needs little more than circulating blood, oxygenated and nutrient rich, to survive. Whether that blood is supplied by the biological body the brain was born with or by some other means may not be of critical importance.

Robert J. White, a devout Catholic and one of the country’s leading transplant researchers, was a neurosurgeon at Case Western Reserve University. He spent his career seeking a way to allow humans to replace diseased parts. He believed it could be possible to use a healthy body from an otherwise brain-dead patient to replace the unhealthy body of a cognitively intact human with heart disease, diabetes, or any other disease or disorder. First he had to make certain that the only role of the human body was cycling blood containing oxygen and nutrients to the brain through the arteries and veins that connected it to the heart and lungs. In the early 1960s, he immobilized a living monkey and methodically removed the face, eyes, tongue, scalp—in fact, every scrap of tissue—from the head and neck of the pitiable creature, leaving only the major vessels and arteries to circulate its blood. He then removed the skull as well, allowing the still active brain to rest, alive and intact, for several hours before disconnecting it from the heart, ending the life of the monkey.

The success of this experiment set the stage for the procedure that would bring White infamy. In 1970, he and his team transplanted the head of one rhesus monkey onto the body of another, carefully splicing the circulatory system of the donor body onto the recipient head. The new, hybrid monkey was supplied with blood and oxygen through the body of the donor and regained consciousness after several hours, tracking the researchers with its eyes, chewing food it was given, and snapping its teeth savagely if they came too near. It lived for a day and a half, long enough for the procedure to be considered a success, but its body remained quadriplegic because, then as now, there was no known way to attach a brain to a spinal cord. Regardless of the health of the new body, it could sense the intentions of the monkey’s brain no better than a cold hunk of metal could.

White’s reports of this and several subsequent head-transplant experiments were widely met with outrage. The experiments were cruel—not an unusual feature of animal experimentation—but they were also useless to medical science. There was no chance White would ever be allowed to try such an experiment with humans (though he believed that would not be the case in some other countries), it would be prohibitively expensive and dangerous even if it could be done, and still the patient would have neither movement nor speech.

In the decades since, researchers have continued to struggle with the problem of finding a way to reroute the signals from an active brain to an otherwise functioning body. Without a functioning spinal cord, even the healthiest brain has no agency. Until recently, doctors held out little hope for patients like Cathy, but seven years ago she enrolled in a pilot study that could radically change the prospects for people trapped inside damaged or diseased bodies.

A friend of Cathy’s, a nurse, had come across a call for participants for a project called BrainGate, run out of Brown University. The researchers were seeking patients with quadriplegia for a pioneering experiment in which an electrode-studded implant would be embedded directly into the brain, with the hope of identifying and decoding the neurological activity that governed physical movement. The short-term goal was to use signals from the brain to control computers and then assistive devices; the long-term goal was to bypass damaged sections of the spinal cord and restore movement. The study’s codirector, a conscientious young neuroscientist named Leigh Hochberg, was blunt with Cathy: Whatever the failures or successes of the study, she could not hope that the results would assist her in her lifetime. “There are no expected benefits this early on in the research,” Hochberg told me. “What we’re doing, and what Cathy knew when we were starting and what she enthusiastically joined, is an endeavor to test and develop a device we hope will help other people with paralysis in the future.”

Cathy was the third patient chosen to participate. The first was a young man named Matthew Nagle, a former high school football star who had been injured defending a friend in a brawl. His spinal cord was severed at the C4 vertebra, leaving him paralyzed from the shoulders down but still able to speak. Competitive and determined, he threw himself into the research, receiving his implant in 2004 and helping the BrainGate team build a foundation of data for decoding the instructions flashing through his motor cortex. Because he was only in his twenties, Matthew held out hope that BrainGate could restore him to independence in his lifetime.

The health complications of his spinal injury proved too grave for medical science to overcome, however, and Matthew died in 2007. The second participant had his implant removed after a year, due to repeated failure of the hardware outside his skull to record the signals from the electrodes. Cathy’s device, the BrainGate Neural Interface System, was implanted in 2005. For six years, she worked with researchers one or two times a week to allow them to read her intentions from inside her brain, in an attempt to release them from her unresponsive body.

Chapter Four

“The ancestor of every action is a thought.”

—Ralph Waldo Emerson

John Donoghue runs the Brown University lab that developed the BrainGate system. He has spent his career in neuroscience focused on unraveling how the brain turns thought into action—essentially, what happens in our neurons that results in movement. After all, Donoghue points out, you can’t do anything without movement. His grand, wood-paneled office in the old Victorian home in Providence that houses the Department of Neuroscience is composed and orderly, rather like the man himself. On a cold winter day, the radiators banged loudly as we sat at a long wooden table next to an enormous flatscreen monitor hanging on the wall. The only personal touches were several large tile coasters painted with monkeys and a basket on his desk with a monkey eating a banana sitting on the edge, nods to the importance of nonhuman primates in his team’s work.

The human brain contains around 100 billion nerve cells, or neurons, which communicate among themselves using electrical and chemical signals. A neuron can fire a message to others by releasing a barrage of chemical particles, triggering a spike in the electrical charge of a nearby cell and starting a chain reaction along the branching pathways of the brain. Scientists have only known about the existence of electrical activity in the brain since the late 1800s, and it has proved to be a difficult phenomenon to study, given the significant obstacles encountered in any attempt to poke around in the brain tissue of a living animal to take measurements.

The first major breakthrough came in 1924. Years earlier, a young Bavarian soldier named Hans Berger fell off his horse while on duty with his regiment. Miles away, at the same time, his sister felt a strong premonition that he had met with an accident and insisted that her father telegram to inquire after Hans. Berger would later write, “This was a case of spontaneous telepathy in which at a time of mortal danger, and as I contemplated certain death, I transmitted my thoughts, while my sister, who was particularly close to me, acted as the receiver.”

The incident inspired Berger to pursue a career in medicine and psychiatric research, with the hope of detecting the psychic waves he believed had been the medium of telepathic communication with his sister. Presented with a patient who had gaps in his skull following removal of a brain tumor, Berger took the opportunity to measure the electrical current from the brain by placing two electrodes under the patient’s scalp. He eventually succeeded in producing recordings from electrodes placed on the outside of the scalp, as well, using his son and himself as test subjects. He called the recording technique hirnspiegel—brain mirror—which we now know as electroencephalography, or EEG.

EEG reads what is called field potential, a kind of aura of the ebb and flow of the chemical and electrical activity of neurons. It is a noninvasive detection of brain activity that renders a sort of smeared version of what’s going on inside our heads. And it remains the foundation of research into electrical activity in the human brain. In the past decade, German neurobiologist Niels Birbaumer was able to use EEG to decode intended speech in locked-in patients, but only after months of training and at the painful pace of about a minute a word.

The investigators of BrainGate wanted to delve closer to the source, intercepting the flickering electrochemical signals of a human’s thoughts as they coalesce into intentions inside the brain. Unlike EEG, implanted electrodes can render the electrical activity of populations of individual neurons in fine detail. An implant like the BrainGate sensor allows for communication between brain and computer in a shared language: electrical impulses. But the electrodes must be physically embedded in brain tissue to pick up the signals. Specifically, they must be in the motor cortex, a narrow region on the surface of the brain, spanning from ear to ear, that governs movement by translating intentions into electrical directives to be carried out by muscles. “If they’re not really close,” Donoghue explained, “they don’t get them. It’s like being outside the range of a cell-phone tower.”

For nearly 25 years before launching the BrainGate project, Donoghue investigated the brain’s signals using rhesus monkeys—the nonhuman primates with the unfortunate distinction of having the motor cortex most similar to our own. Using at first single electrodes and then increasingly complex arrays of them, Donoghue recorded the brain signals of living, moving monkeys, amassing enormous quantities of data correlating the locations and signatures of brain activity with specific movements of the monkeys’ bodies. Then, in the late ’90s, a team of engineers at the University of Utah developed an array of 100 microelectrodes made of silicon and platinum, materials that could safely be used inside the body. In 2004, Donoghue and the BrainGate team used the Utah array to demonstrate that the electrodes could last for over a year in the brains of three rhesus monkeys, collecting reliable data and causing no harm. That reliability had to be shown for the team to receive approval from the FDA to begin testing the implant in humans. “There were something like 12 or 14 boxes of papers, all consolidated, sent to the FDA,” Donoghue recalled. Later that year, the implants were cleared for preliminary trials in human subjects.

By 2005, it was time for Cathy to receive her implant. Working with data accumulated from the monkeys, the neurosurgical team had a good idea where in Cathy’s brain to look for signals intended for her arm. In surgery at Rhode Island Hospital, a neurosurgeon working with the BrainGate team removed a bottle-cap-sized piece of her skull and opened the delicate membrane that lay just beneath, exposing the neuron-threaded tissues of the arm area of her motor cortex. Using a pneumatic device, like a tiny air hammer, the team fired the implant into the surface of her brain. They then carefully closed the membrane around a set of wires, leashed to the implant, leading to a titanium pedestal that covered the removed portion of her skull.

The wires were housed under a gray plastic port, like a tiny top hat, protruding from Cathy’s head. When opened, the port allowed the wires to be linked to computers, which recorded electrical data sensed by the array.

The researchers began trials with Cathy a month after her surgery, and Donoghue was unsure whether the region of her brain that corresponded to her hand movements would still fire signals after a decade of disuse. “We have this concept of brain plasticity, which I certainly adhere to: that our brains are always changing, rewiring themselves in some way, changing their interactions. You’d think that a piece of the brain that had lost its job for a few years would retire.” There was reason to be hopeful: They had been able to read useful information from Matthew Nagle’s brain. But Matthew had been paralyzed for only two years when he joined the BrainGate trials.

The team hooked Cathy’s implant up to a cart of computers and processors the size of a mini refrigerator that received the signals being detected by the electrodes in her brain. They asked her to follow a cursor moving on a screen in front of her by imagining that she was controlling a computer mouse with her own hand. The scrolling screens lit up with peaks of her brain activity. Donoghue was delighted. “The brain was actually very active, and in fact was active in ways that resembled what we expected to happen when a person was actually moving.” After years of paralysis, Cathy’s brain was still primed for action.

For the computer to act as a useful translator—taking the neural signals in her brain and interpreting them as directions to action—researchers still needed to decipher the unique dialect of Cathy’s motor cortex. Using her still vivid imagination, Cathy commanded her arm to move in all the ways the researchers requested. Over and over, she tried to move her hand forward and back, left and right, flexing, grasping, and releasing. The computer systems were trained to recognize the electrical signatures preceding each action, filter out any noise, and amplify the signals they identified as meaningful.

To this point, all the action had been taking place, as usual, only inside Cathy’s head. But the researchers weren’t aiming just to recognize her intentions from her brain activity. They wanted to use the brain signals to direct actions outside her body. Their first target was a computer cursor. As Cathy concentrated on moving her hand, her efforts unspooled on screens in front of the researchers, who tried to use the information from her brain as a sort of virtual mind-controlled mouse. When the researchers turned control of the cursor over to Cathy’s neurons, the cursor immediately began to move haltingly across the screen. Cathy couldn’t believe her eyes. “I was numb with shock and disbelief,” she wrote to me, “so I moved the cursor all over the screen.”

From there, over the following months of weekly sessions, it was a matter of refining her control. The first task she mastered required moving the cursor from a center mark on the screen to tag an image that appeared at the top, bottom, or side of the screen before returning to the center. As the trials progressed, she learned to play a game the researchers called “neural pong” for its similarity to the early Atari game modeled on table tennis. In the neural version, the playing field was a box framing the screen. At the bottom was a sliding plank, controlled by Cathy’s brain. A circle would bounce against the sides of the frame, and when it approached the bottom of the screen Cathy moved the plank to intercept it and send it ricocheting back up.

She also learned to use the cursor to navigate a simplified computer interface. She could open email and select music. She was able to pick out letters on a virtual keyboard. As the researchers refined the algorithms, the system learned to assist Cathy in her goals: If it detected two different intended motions in succession, it would supply the movement in between.

The cursor experiments were a huge achievement; for the BrainGate team, they were important steps toward the goal of turning thought into action. But moving cursors on a screen involves interpretation of only two dimensions of intended movement in a digital environment. The next trials would require a great leap. The researchers wanted to give Cathy the ability to operate in physical space. They hoped to allow her to control a sophisticated robotic arm to stretch, grab, and move real objects in her surroundings—her first chance to do so in nearly 15 years.

Chapter Five

My heart is human / My blood is boiling / My brain IBM

—“Mr. Roboto,” Styx

In April of 2010, the BrainGate researchers secured the use of an advanced humanoid robotic arm made by the German space agency DLR. The sophisticated system is much in-demand, and arranging for it to travel to the BrainGate researchers was made difficult by the constraints of its schedule. “It’s like a visiting professor,” Hochberg says, “and then it returns home.” It is equipped with a shoulder, an elbow, a wrist, and articulated fingers complete with fingernails, and can move in the same directions as a human arm: The shoulder and elbow can swing and raise, the wrist can rotate, and the fingers can squeeze. Controlling it requires coordination of seven degrees of freedom of movement, as well as compensation for complicating factors like mass, inertia, and gravity.

The BrainGate researchers set up their equipment in a beige-and-gray visiting room in Cathy’s nursing home facility, the site of the past four years of their work with her. Video and lighting rigs stood at strategic angles around the room, documenting the details of the trials. Cathy sat in her wheelchair, surrounded by stacks of computer processors and screens, a gray plug the size of a Rubik’s cube protruding from her short brown hair. Underneath, the neurons of her motor cortex were securely woven through the 100 platinum-tipped microelectrodes, the combined size of a baby aspirin, emerging from the implant embedded in the surface of her brain. A thick cable ran from the plug to a box attached to the back of her wheelchair, and from there it split off to the surrounding computers. Pink and blue lines zigzagged across a graph on one of the screens, registering the activity of neurons detected by the electrodes of her implant.

At first the blue and silver robotic arm, 30 pounds heavy and much larger than Cathy’s own, was placed at a remove from her body, hanging over a cloth-covered table marked with small colored circular targets.

I have seen video of the trials, which were preliminary demonstrations and, at the time, mere reflections of in-process research, not ready for publication. In one clip, John Donoghue stands beside Cathy, whose face is blurred in accordance with privacy protocols. He asks her to try opening and closing the hand. A second later the robotic fingertips bend inward. Donoghue and three researchers standing behind Cathy break into grins. In the next clip, shot over Cathy’s shoulder, a young researcher standing to her left asks Cathy to lower the arm, and a moment later the robot’s joints adjust smoothly until the hand rests on the tabletop. More commands follow. She raises the arm halfway, then drops it back to the table. She lifts it all the way up, then brings it down to rest again.

In another experiment, a bottle of juice is placed on the table to the left of the robotic hand. A voice off camera instructs Cathy to try to pick up the bottle. The hand begins to inch slowly toward it, joints extending, and captures the bottle between fingers and thumb. The bottle starts to tip over, and the arm retracts slightly until the bottle is standing again. Then the arm extends once more, the bottle leaning, and retracts again, then pauses. It reaches for the bottle a third time, the fingers closing around it, and shifts upward, lifting it off the table. Cathy is then asked to move the bottle to the middle target on the table, several inches to the right of where it sat. The arm retracts too far at first, then adjusts and releases the bottle gently within the target, which is just barely wider in diameter than the bottle itself. Later on, with more authority, the hand sweeps a wineglass resting near the edge of the table into its grasp, fingers closing around the bowl. It wavers indecisively, then picks the glass back up and readjusts its positioning to place the glass on the target.

Even from the distance of a video, what I was seeing was difficult to believe. There, in that moment of indecision, was Cathy, dissatisfied with her performance, insisting on greater precision. The robot’s movements were matching Cathy’s thoughts. The smiles on the faces of the researchers in the room reflected the significance of these moments. The team had worked with Cathy for more than four years. The hundreds of hours spent on tedious and repetitive tasks had led them to this: for the first time in 14 years—indeed, for the first time for any quadriplegic—Cathy was able to reach out into the world.

The trials were an attempt at brain control of a physical object and important proof of the BrainGate team’s progress translating brain signals into directions for an assistive device. In this case, Cathy had control over only two dimensions of the robot arm’s movement at a time, either the horizontal plane or the vertical plane; programmed instructions governed the third. When she imagined grasping the hand, it triggered the robot to not only close its fingers but to lift the bottle off the table so it could be moved. After she directed the hand to a specified target, her next grasp command caused the arm to lower the bottle and then release it.

When directing the hand to reach the bottle, Cathy was thinking of her own hand in the same way she did to control the cursor in previous trials, and the computers read her intended direction and velocity of movement, adjusting the arm’s joints to make the hand follow those intentions. This is the same way we control our biological arms. When we plan to reach out and touch something, we don’t think of moving each joint individually. We set our focus on the endpoint, and our brain does the calculations to control the muscles to get us there.


The next challenge was building filters to detect Cathy’s intended movement in a three-dimensional space, giving her greater control over the robot and greater flexibility of movement. It was not a simple task. The team needed to record and classify the signals of the ensemble of neurons surrounding her implant as they sent instructions in the three dimensions: left-right, down-up, and toward-away. They calibrated the computers by asking Cathy to watch carefully as the arm moved through a series of programmed actions, imagining herself doing the same with her own arm. Once they had rough filters built, they transferred control of the arm to her implant and refined the translation. Like in previous trials, Cathy’s focus was on moving the hand to the correct destination, while the computers detected her intended speed and trajectory and adjusted the joints to follow, now in three dimensions.

The targets, which in a rare lapse into informal language Hochberg refers to as “raspberry ice cream cones,” were made of pink foam balls set in black cones at the end of flexible rods. They lay flat on the table until activated, when motorized levers brought them up one at a time to varied spots in the space in front of Cathy. Her task was to maneuver the robot hand to meet the balls, which were only slightly smaller in diameter than the open hand, and, if possible, grasp them. The task was made harder by the springiness of the rods: If the hand brushed against the target, it would bounce, making it even more difficult to grab.

Cathy performed the trials with both the DLR arm and an advanced prosthetic made by New Hampshire–based DEKA Research, founded by the inventor Dean Kamen and developed with funding from the military in the hope of creating sophisticated prosthetics for amputees. The results of the trials, published in May 2012 in the journal Nature, report that Cathy and a second participant, called T2, another brain-stem-stroke survivor, were able to touch or grasp the targets a significant portion of the time.

The BrainGate system worked like a prosthetic spinal cord leading to an artificial limb, conveying the will of the mind without the need for speech or movement. The researchers were able to read the signals of the brain, not in vague generalities but in specific detail, and their computers passed those instructions to a robot nearly as quickly as they would have been communicated to a living limb. BrainGate, in fact, could have applications not only for people with brain and spinal-cord injuries, but for others with neurological disorders and for amputees through injury or illness. The technology promises to relink the brain to working bodies both artificial and, potentially, biological.

With the ice cream cone task accomplished, researchers had a special plan in store for Cathy. After the successes of the preliminary demonstrations with the DLR arm, the BrainGate team decided to bring the arm into range of her body.

They knew that Cathy loved coffee, but she required assistance to lift a cup to her mouth to allow her to drink from a straw. So the team placed a red metal thermos of coffee, emblazoned with the initials and insignias of the research team and sponsors and topped with a straw, on the table in front of her. With pursed lips and a look of intense concentration, Cathy guided the remote hand to the bottle and closed the fingers around it. She lifted it off the table and brought it close to her chest, and when she triggered the arm with a grasp command, it tilted the thermos toward her, allowing her to reach the straw. She took a sip, gave it another grasp command to right the bottle, and set it back down on the table, breaking into a shocked-looking smile.

“Drinking from a cup felt very natural,” she told me later. It’s what the BrainGate researchers most wanted to hear: that controlling the robot arm felt like moving one’s own. “My mind raced back to the early days of BrainGate, when a team member told me I would be able to control a cursor,” Cathy said. “I was in disbelief when I was able to control a cursor, and here I was controlling a robotic arm, drinking from a cup.”

Chapter Six

“If real is what you can feel, smell, taste, and see, then ‘real’ is simply electrical signals interpreted by your brain.”

—Morpheus, ‘The Matrix’

What lies beyond Cathy’s grasp of a coffee cup? Speech, requiring the coordination of tongue and lips to shape sound, is similarly the result of a complex electrical storm of intentions funneled into simplified directives in the motor cortex, making it a candidate for eavesdropping electrodes. And, in fact, research is under way at Boston University that uses microelectrodes implanted in the speech area of a locked-in volunteer’s brain to attempt to identify intended phonemes, the units of sound we string together to make up speech. Though successful detection rates are still low, they are higher for some sounds than for others and are gaining accuracy with time and research. It’s another advance that would have inestimable impact on the quality of life of people with a disease or injury that has left them unable to speak.

Other glimpses of the future of human brain implants can be seen in the lab of Duke University neuroscientist Miguel Nicolelis. Supported by a $26 million grant from the Defense Advanced Research Projects Agency—DARPA, the R&D arm of the U.S. military—Nicolelis’s lab has been investigating the possibilities for remote control of supplemental limbs and for the augmentation of sensory systems for the past decade. Rhesus monkeys are again the preferred subjects—or collaborators, as Nicolelis likes to refer to them—when testing not just the safety of cortical implants but also their possibilities. With them, Nicolelis and his team are able to push the boundaries of experimental design well beyond what can be achieved using a patient like Cathy.

In 2001, Nicolelis’ lab acquired a middle-aged rhesus monkey called Aurora, rejected from other labs for being difficult to work with. Nicolelis describes her as a slow learner, disinclined to participate in complex or repetitive tasks. After months in the lab, Aurora finally began to show interest in experimental assignments, spurred on by a reward of fruit juice, often used with monkeys. The researchers discovered that they could entice her to play video games with a joystick, and soon she excelled. She became a star in the lab and was chosen as the subject for 2002’s Project MANE—an acronym for Mother of All Neurophysiological Experiments.

Like Cathy, Aurora received an implant of electrodes in her motor cortex, connected to decoding computers, which mapped the activity in her brain to her arm movements and translated them into directions for a robotic arm. The arm, in Aurora’s case, had a range of movement similar to the monkey’s own and a set of fingerlike pincers for grasping. According to Nicolelis, Aurora couldn’t see the robotic arm and had no idea that it was in a separate room mimicking her movements. What she knew was that if she successfully performed video game tasks—using her joystick to control a cursor on a screen and intercept moving targets—a high-frequency beep would sound and she would receive a few drops of the juice she loved.

Once Aurora’s brain signals were being reliably read by the computers, a researcher entered Aurora’s room and removed the joystick from her reach. The team switched control of the video game from the joystick over to the robot arm. The targets in the video game continued to move across the screen, but the cursor lay dormant, not receiving any commands. After a period of confusion and false starts, during which she grabbed at the targets on the screen with her hand, Aurora began following the video game closely, watching the targets intently. The only way for her brain implant to send the signals that would cause the robot arm to move the cursor was to imagine that she was controlling the cursor with her joystick, as she had been before with her own hand.

Eventually, the signals her brain was sending to the computers began to resemble the patterns they had shown when she was moving the joystick. As the computer decoded her intentions, the robotic arm began moving the cursor on the screen. Every time her brain successfully caused the robot to intercept the target on the screen, she received a reward. Aurora, in other words, had figured out that she could play the video game with just her imagination. She could choose not to move her limbs while continuing to generate brain activity the computers could interpret. After about a month, she discovered that not only could she relax her body while playing the game with her mind, but she could actually use her limbs for other purposes—like scratching—at the same time.

Combing through the data produced by Aurora’s brain, the Duke researchers found evidence of three important populations of neurons. The first was active in the same or similar ways whether Aurora was playing the game with the joystick or with her mind. The second was active only when her biological arm was moving. The third was active only when she was controlling the video game with her brain alone. That third group of neurons was largely functioning as though she had carved out space in her brain for a new phantom arm and integrated it into her mental model of her body.

In 2007, Nicolelis’s lab conducted an experiment—for demonstration, not peer-reviewed research—with a monkey called Idoya, focusing on the lower limbs rather than the arms. Using tips discovered in a 100-year-old report of Russian circus-training techniques, the researchers were able to teach Idoya to walk upright on a treadmill, rewarding her with her preferred snacks of Cheerios and raisins. The researchers modeled her brain activity as she mastered walking forward and backward, shifting directions, and changing pace.

Fluorescent markings painted on Idoya’s hips, knees, and ankles enabled researchers to track their positions in 3-D space. As Idoya walked on the treadmill, the computers matched the activity of her brain to the positions of her joints. Those models were mapped to the legs of a five-foot-tall, 200-pound humanoid robot in a laboratory in Kyoto, Japan. The electrical spikes of Idoya’s motor cortex governing her leg movements were used to control the robot’s movements as it hung suspended just above its own treadmill. A large screen covered the wall in front of Idoya, filling her visual field with a live video feed of the robot. As Idoya found her walking pace, she watched the robot match her movement for movement. She continued walking and watching for an hour, as the robot legs churned in time with her own.

The researchers switched off her treadmill, and Idoya slowed to a stop, still watching the screen. But her brain continued sending intelligible signals through the computer link, maintaining control of the robot and continuing to direct its movement for several more minutes as she watched.

Taking their exploration of the rhesus brain further, the Duke researchers placed electrodes in the sensory cortex of two monkeys. They could stimulate the monkeys’ brains by sending small electrical signals to the implants. In research results published in Nature in 2011, they trained the monkeys on a simple video game task: Three circular targets appeared on a screen in front of the monkeys. In some trials, the monkeys used a joystick to control a cursor or an image of a virtual arm to select the targets. In other trials, the cursor or virtual arm was controlled by signals from the implant in their motor cortices. The virtual hand would pass across targets as though the monkeys were reaching out and running their fingers over them. 

An artificial “texture” was assigned to each target and was communicated directly into the monkey’s sensory implant as a pattern of electrical stimulation. When the cursor passed over the two dummy targets, a sequence of high-frequency pulses was delivered to their brains. When the cursor passed over the reward target, signals of a slightly different frequency were sent. The monkeys could distinguish between the two artificial “sensations,” allowing them to use the pulses sent to their implants to choose the reward target from among the three. Though it is impossible to know what the monkeys felt when their neurons were buzzed by the researchers, they were able to recognize the input and use it to play the game.

Taken together, these discoveries indicate that monkeys can control artificial bodies while maintaining control over their own, and that they can integrate artificial sensations. They suggest intriguing possibilities: that there is room inside the brain for the adoption of additional limbs, and that substitute, and supplemental, body parts can not only receive signals from inside the brain but also send new forms of sensory information back.

In 2002, at DARPATech, a showcase of defense technologies Eric Eisenstadt of the Pentagon’s Defense Sciences Office spoke about the agency’s vision for the future of biology. “Picture a time when humans see in the UV and IR portions of the electromagnetic spectrum, or hear speech on the noisy flight deck of an aircraft carrier, or when soldiers communicate by thought alone,” he said. “Imagine a time when the human brain has its own wireless modem so that instead of acting on thoughts, war fighters have thoughts that act.” He described the goals of the Pentagon’s Brain Machine Interface Program as allowing the human brain to incorporate synthetic devices as though they were part of the biological body, giving the capabilities of machines to intelligent human operators. “Who knows?” he added. “If we can eavesdrop on the brain, maybe we can sort out deceit from honesty, truth from fiction. What a lie detector that would be!” The 2013 budget for DARPA includes funding for a project called Avatar, which, according to the agency, is intended to “develop interfaces and algorithms to enable a soldier to effectively partner with a semi-autonomous bi-pedal machine and allow it to act as the soldier’s surrogate.” 

Chapter Seven

“You’re only a clear, glowing mind animating a metal body, like a candle flame in a glass. And as precariously vulnerable to the wind.”

—C. L. Moore, “No Woman Born”

Advanced bio-hybrid fighting machines held little interest for Cathy. For her, and for the BrainGate researchers, the goals they cared most about were more prosaic: achieving small degrees of meaningful function to improve the lots of people with paralysis or limb loss. Day by day, trial by trial, they worked toward more precise readings of Cathy’s brain. During a visit last winter, Cathy told me that being a part of BrainGate kept her going, providing a welcome distraction and a chance to help others, an opportunity she intended to take full advantage of.  M…Y… L…I…F…E… I…S… O…V…E…R, she spelled, as Holly translated using the alphabet board, tears filling her eyes. “But young people have lives ahead of them and I can’t imagine kids spending childhood in a wheelchair.” (Later, Cathy sent me an email asking to clarify that her life wasn’t really “over.”)

Cathy used to love to ride bikes with her kids, to sing and dance around the kitchen, making meals from the tomatoes and squash and peppers she had grown in her carefully tended garden—things she hoped her participation in the BrainGate research would someday allow other injured people to do. Holly handed me a photo of her mother before the stroke, standing with three friends in long winter coats, dressed up in front of a limo they rented to celebrate the 40th birthday of one of the women. It took a moment for me to identify Cathy, but then I saw her. Her face was fuller then, her hair styled for a night out. She was smiling broadly.

There is a science-fiction story from 1944, written by C. L. Moore, called “No Woman Born,” about a beautiful singer, Deirdre, whose badly burned body is replaced by an artificial model. Moore describes her “bare, golden skull … the most delicate suggestion of cheekbones, narrowing in the blankness below the mask to the hint of a human face.”  They chose not to attempt to re-create her face as it looked in her humanity but focused on her motion, which, Deirdre says, “is the other basis of recognition, after actual physical likeness.”

Cathy and I talked about the future, and though she was little prone to sci-fi thought experiments, we pondered the idea of a replacement body, a robot body that would behave like her own, back when it worked. She would take it, she said—she wasn’t particularly sentimental about her human flesh—as long as her mind stayed intact. There was something, though, that worried her. She told me she had “a  trust issue” with the robots and the computers, that she felt entirely dependent on them not to malfunction. One day, during one of the BrainGate experiments, she was startled to see the large robot arm drop suddenly, possibly from a power outage. It made her realize something, she said.

“I was not in control.” 

Chapter Eight

“Cyberspace. A consensual hallucination experienced daily by legitimate operators, in every nation. … A graphic representation of data abstracted from the banks of every computer in the human system.”

—William Gibson, Neuromancer

“I am an inexperienced pilot of Skype. I’m waiting for the version just by thought!” Miguel Nicolelis joked, eyes crinkling merrily on my computer screen as we video-chatted. Unlike the BrainGate scientists, who are extremely reticent to discuss unpublished research and even less inclined to speculate about the future, Nicolelis believes in stimulating public conversation about his work. “We had this pattern of conduct—scientists don’t speak to the press, scientists don’t talk to people, scientists don’t come down from their pristine castles to explain what they do. I don’t believe in any of this. And I think that scientists should speculate. They’re paid to.”

When the monkeys in Nicolelis’s lab control an extra limb or make decisions based on the sensations from a virtual arm, he says, they are demonstrating their ability to dissociate their minds from their biological bodies. Their physical body has no impact on their ability to enact a voluntary motor command across long distances or in a virtual universe. “I like to say that this is when you free the brain from the body,” he told me. He believes this dissociation will one day make it possible to use computers, drive cars, and communicate with one another by brain activity alone. “Your presence is going to be pretty much anywhere you want to be,” he told me. “You don’t need to send a manned mission to Mars. You send your avatar there. And you experience being there. Your physical presence will be represented by this device.”

He described the brain-implant surgery as a “trivial procedure,” from a neurosurgical point of view, and told me he believed that one day these kinds of implants will be considered no more extreme than cosmetic surgery. Recently, he said, he was speaking about his work to a group of high school students. Following his presentation, he asked the students if, were it safe and available, they would get an implant that allowed them to play video games faster and better than any of their friends. “The kids, nearly unanimously, said, ‘Yeah, of course!’” Nicolelis said.

Though he may not share their enthusiasm for video games, Kevin Warwick, a systems engineer and professor of cybernetics at the University of Reading, does share their willingness to receive a brain implant. Warwick is best known for his Cyborg 2.0 project, a 2002 experiment in which he had an early version of the Utah electrode array wired into his nervous system, fired into the median nerve of his wrist by surgeons at the Radcliffe Infirmary at Oxford who had practiced the procedure on sheep carcasses. He used the electrical spikes that traveled through the median nerve when he closed and opened his hand to pilot a wheelchair and, via the Internet, to control a robotic hand located across the Atlantic Ocean. He was also able to feel and interpret signals fed back through the electrodes to judge the pressure of the robot hand’s grip and to gauge distances while blindfolded, using feedback from a sonar transponder attached to a hat—a form of sensory substitution.

Warwick’s real interests, echoing Hans Berger’s, lie in what he calls radiotelepathy—communication from one human brain to another, nervous system to nervous system, in a rich and unedited wave of sensation. He believes it will be possible to transmit colors, images, and emotional and physical states in a vastly superior form of communication. He speaks freely of his desire to experiment with a brain implant like Cathy’s. “From a scientific point of view, there are things I want to find out, things I want to experience, and I don’t want to die without having experienced them.”


When I asked Donaghue about goals like these, he dismissed them as an unworthy focus. “We do all that already,” he said. “It’s an immensely complex way to solve a problem where we have a beautiful solution like literature. That is your interface with somebody else’s brain.” In any case, it is unclear whether electrical signals fed into the neurons via electrode will ever feel like sensations that have traveled the lengths of our bodies, through billions of networked nerves. It could be little more than a new form of language. It could be another method for conveying an impression of thought, but it wouldn’t be a truer experience of thought itself.

Even if we could transmit the complexity of a person’s thoughts, memories, or emotions through a computer to another person, they would encounter an unfamiliar environment. Donoghue referred to the words of Charles Sherrington, a neurologist working in the first half of the 20th century, who described the activity of the human brain as “an enchanted loom, where millions of flashing shuttles weave a dissolving pattern, always a meaningful pattern though never an abiding one; a shifting harmony of subpatterns.” At any given moment, our brains are suffused by swirls and eddies of chemicals, flickering electrical storms morphing as our interactions with our environments do. It is as though the same spot on a map is at some times a desert, at others a rainforest, at still others buried in snow. Identical sensory input may be met with a completely different response in the brain depending on the instant of the encounter, as when a rush of adrenaline dulls the experience of pain.

This prevents us from achieving the fantasy of the mind meld, but it also protects us from dystopian scenarios of unwelcome mind hacking. Our brains are more like palimpsests than blank canvases. It is impossible to draw the experiences of one brain onto another without them being warped by layer upon layer of past impression stretching back to the moment our lives begin. The connections of 100 billion neurons are unique in every individual; we can make sense of impulses in the brain only by being grossly reductive, letting the activity of a few dozen neurons being read by electrode-studded implants stand in for the activity of billions of others, wiping away any subtlety.

With just those few dozen neurons, though, the BrainGate researchers were able to do something real, tangible, and potentially life changing. Even cursor control would give Cathy an important degree of freedom in her everyday life. The implanted electrodes would allow her to control her computer and type with greater reliability and precision than her head-tracking device allowed her, increasing her ability to communicate without human assistance. But for the technology to be usable, not only do the computer algorithms have to be unfailing, but the entire system has to be fully wireless—no open port through her skull. And for it to be wireless, it would require a power device, batteries implanted under the skin that would have to be recharged with a special device or periodically replaced. Those advances aremany years, and countless safety trials, away.

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Chapter Nine

“The scientific man does not aim at an immediate result. He does not expect that his advanced ideas will be readily taken up. His work is like that of a planter—for the future. His duty is to lay foundation of those who are to come and point the way.”

—Nicola Tesla

The halting progress Cathy has made toward greater independence is picking up speed. Five years ago, she agreed to be the lead plaintiff in a class action against the state on behalf of the Brain Injury Association of Massachusetts. State-administered Medicaid allowed brain-injured patients to live only in nursing homes and long-term-care facilities—sterile, rule-bound environments often focused more on preventing patients from dying than on giving them a life worth living. But many brain-injured patients like Cathy are in good physical health, with long life expectancies, far too long to be committed to an institution under rules that make it difficult, if not impossible, to participate in a community outside the nursing home.

In 2008, Massachusetts settled the suit, the first of its kind in the United States. Under the agreement, the state is required to reduce unnecessary institutionalization. Patients can apply for a waiver that allows them to use the money that would be spent on housing them in large facilities to assist them in living in their communities, in provider-run small group homes or in private residences.

Cathy received a waiver under the decision, and last fall her opportunity finally arrived. In September 2011, after 15 years in nursing facilities, she moved into a real home. It has two porches, two living rooms, soft couches and curtains, and a big open kitchen with dark wood cabinets. At Thanksgiving, the families of the residents descended on the house, and Cathy’s son, Brian, cooked a feast for all.

She has her own bedroom at last, with bright yellow walls and a white wooden dresser. There is no roommate and no beeping medical equipment; it is a welcome return to privacy after so many years. She calls it her sanctuary. She shares the home with several other brain-injured residents, and a small staff assists when necessary. Cathy leaves home during the day for programs and therapies, and a personal-care attendant takes her in a handicapped-accessible van to the mall, to the grocery store, or to visit friends and family at her request. Last October, she even went trick-or-treating at Halloween. Holly describes her mother’s trajectory as going from seemingly permanent despair to genuine happiness.

In our recent correspondence, Cathy does seem very pleased with her new arrangement. She has close relationships with her housemates and her personal-care attendants and sees her family frequently. The new control she has over her day-to-day life has given her a great sense of liberation. Her network of friends and family support her in her continuing push toward autonomy and recovery for herself and others like her.

But there are no longer twice-weekly visits from the BrainGate researchers. Several months before moving, Cathy decided to have the implant removed and exit the research trials. “I was hopeless before BrainGate,” she told me. “Being a participant in the trials is one of the best experiences of my life.” She had grown close with the researchers, especially Leigh Hochberg, whom she still consults about her plans.

She made the decision, she says, not because she had given up on the promise of BrainGate, which she believes will eventually lead to a functional cure for paralysis. But controlling an assistive device, like a robotic arm, isn’t her goal anymore. She wants to move her own arm.

To that end, she wants to pursue functional electrical stimulation, FES, which uses electrical currents to trigger muscle contractions and enable limb movement. The BrainGate researchers hope to someday link the motor-cortex implant of a paralyzed patient to FES devices, to reconnect the brain to the limbs. For now, though, and likely years to come, they need to work at refining the devices that read and record signals in the brain before adding the additional factor of an external device injecting signals into the body.

Cathy doesn’t want to wait that long to feel her body move again. She’s eager to participate in other trials, other studies. She has received cord-lengthening surgery on the tendons in her arms and wrists to ease the contractions. With physical therapy, she says, she has gained some range of movement in the hope of using FES to gain useful control. She still can’t move her limbs or speak, but she has lived at the vanguard of scientific research and of advocacy.

Her current technology, however, continues to be unreliable. In recent weeks, as she tried to fill me in on the latest developments in her life, her computer began to fail, cutting off our line of communication and erasing her hard-fought email responses to my questions. Ultimately, the technologies she relies on—the wheelchair that carries her body, the computer that projects her voice into the world—are indifferent to her needs, unaware of their importance in her life. What is left, when even the most sophisticated robots and advanced computers fail, is other people, who will continue to care for one another, connected by a shared understanding of human fragility. 

The Accidental Terrorist

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The Accidental Terrorist

A California accountant’s coup d’etat.

By Adam Piore

The Atavist Magazine, No. 14


Adam Piore is a former Newsweek general editor. He spent a year and a half in Cambodia in the late 1990s reporting for the Cambodia Daily, the Boston Globe, and the Baltimore Sun. A contributing editor to Discover, he has also written for a wide array of other publications, including Condé Nast Traveler,Mother JonesPlayboy, and Reader’s Digest.

Editor: Alissa Quart
Producers: Olivia Koski and Gray Beltran
Copy Editor: Sean Cooper
Special Thanks: Yasith Chhun and his family, and journalists Eric Pape, Kevin Doyle, Chris Decherd, Kimseng Men, Sara Diaz, and Nancy Kline

Published in April 2012. Design updated in 2021.

Chapter One

On the evening of February 12, 1999, a man made his way through the potholed streets near Phnom Penh’s sprawling Russian Market, a ramshackle conglomeration of tin-and-plastic-sheeted stalls propped up by flimsy wooden beams and stretching an entire city block. It was the height of the dry season, when the temperature settled just above 80 degrees and stayed there, a nice night to sit in one of the many open-air coffee shops or karaoke bars, order a cold can of Angkor beer for half an American dollar, and croon along with the latest hits from neighboring Thailand. The man approached an establishment popular with Phnom Penh’s Vietnamese population, filled with molded-plastic chairs clustered around cramped tables, and threw a grenade into the café. The explosion that followed sent furniture and people flying through the air.

The next morning, the incident appeared in all the local newspapers—a remarkable fact given that violence in the war-numbed capital was hardly rare and no one had died in the attack. It was not unheard-of for veterans to commit random acts of aggression, especially if they’d consumed excessive amounts of rice whiskey and lost a competition for a favored prostitute.

When two attackers lobbed another grenade into a karaoke bar in Phnom Penh on March 3, this time killing one person and injuring 17, a Ministry of Interior official dismissed it as a revenge attack with no political motive. It seemed a particularly plausible explanation that night because, in a separate incident, a 31-year-old man was shot in the head when he refused to hand over a karaoke microphone to five “would-be singers, suspected to be members of the military.”

Two days after, a rickety wooden shack was attacked in a residential neighborhood. Later that week, a video-game house and another karaoke bar were targeted.

On April 18, after receiving an anonymous tip about another potential attack, Phnom Penh police approached a grassy knoll along the Mekong River, passing wobbly canoe-like boats tied up along the muddy banks.

Five men clad in civilian clothes stood facing an oil storage depot. Large containers of gasoline rested on a riverbank behind locked metal gates. Owned by an ethnic Vietnamese friend and financial supporter of Cambodian Prime Minister Hun Sen, they contained potentially millions of gallons of highly flammable fuel. One of the five men held a powerful East German antitank weapon. He had been trying—for more than half an hour—to figure out how to fire it.

The police arrived just in time to thwart the attack and arrested all five men. Back at the police station, the men admitted that they belonged to an obscure revolutionary group. The next day, the name of the group, the Cambodian Freedom Fighters, was featured prominently in the newspaper. The leader of the group went by the code name the Thumb.

In reality, the Thumb was an affable, bespectacled California accountant, a cousin of one of the men arrested on the Mekong. His name was Yasith Chhun, and although he would later deny any involvement in these specific attacks, his struggle to launch a revolutionary movement in Cambodia would take him to the limits of American law—and possibly his own sanity. His unlikely journey from suburban climber to international dissident would come to embroil the FBI and U.S. attorney’s office, exposing the sometimes thin border between passionate politics and unhinged extremism. Chhun would become a man who ran the typical immigrant journey in reverse, unmaking the American dream he’d struggled to achieve.

Chapter Two

A year earlier, at the height of the tax season, dozens of people queued up in a parking lot in Long Beach, California, behind the CCC Accounting office. It was 8 a.m., and their aim was a visit with a tax preparer who sat inside, a man with puffy hair and a pen stuck in his shirt pocket.

Yasith Chhun liked to think of himself as more than just an accountant, and in a way he was. People told him their problems and brought him their green card applications. They had him translate American bureaucratese into Cambodian. They asked him what to do when their sons joined the local gang. Eventually, though, all of his visitors handed over their financials, looked across the desk at the Cambodian-American with the thick glasses and gold rings on his fingers, and asked if he could get them a refund.

At the end of tax season, Chhun found himself alone, boxed in by lonely rows of file cabinets stuffed with paper-clipped tax returns. His thoughts traveled back, as they often did, to his birthplace, and atrocious images of his homeland flashed through his mind. He’d shake his head and ask why, addressing the God he’d embraced in a refugee-camp baptism 16 years before. Why couldn’t the people back home have democracy, capitalism, and peace, like in his adopted country?

One afternoon at lunch, Chhun sat in his office watching the latest violence unfold in his native Cambodia. Prime Minister Hun Sen had taken power in a bloody coup in July 1997: Tanks had rolled into the streets of Phnom Penh, and gun battles had raged for three days. The prime minister had recently held new elections, but they had been marred by bribes, voter intimidation, and killings. During the protests in the aftermath, four people had died, and scores more had been injured.

Watching the broadcast of these demonstrators being brutalized, Chhun was suddenly transported back in time. Memories of different oppressors, clad in the black pajamas of Pol Pot’s genocidal Khmer Rouge army, filled his mind. He remembered slaving with massive work crews, digging irrigation ditches, eating leaves and grasshoppers to fill his empty stomach. He thought of the skulls and bones he’d seen in a muddy pond where he’d stopped one scorching day for a drink of water. He flashed back to the murder of his father.

These thoughts stayed with him as he locked up his fluorescent-lit office, climbed into his white BMW 745i, and headed home to a two-story house on the other side of town. The images of violence intruded upon him that night as a waitress poured red wine in his glass and cut off bloody slabs of top sirloin at his table at Green Field Churrascaria, the barn-like Brazilian barbecue joint where he took his kids to eat on special occasions. After he returned home, those same thoughts kept him awake.

That night, the 42-year-old accountant made his decision, one he would later explain was inspired in part by Mel Gibson’s portrayal of the skirted William Wallace, face streaked with war paint, sword glinting in defiance as he charged English oppressors in the movie Braveheart. It was a choice that would enrage one of Asia’s longest serving strongmen, cause countless headaches for U.S. diplomats, and culminate in a pitched early-morning street battle on the other side of the globe.

Chhun decided that he would overthrow the Cambodian government.

Chapter Three

In the epic battle between good and evil that followed—at least from Chhun’s perspective—there was little question who played the villain. Prime Minister Hun Sen, then 45, was a former boy soldier and a consummate survivor, a chain-smoker with a glass eye. He was also a shrewd and ruthless leader who played chess in his spare time. His nation had endured some of the most cold-blooded brutality of the 20th century, and his regime was a fitting coda. Hun Sen himself had commanded an entire division under Pol Pot’s genocidal Khmer Rouge. Several years after the Vietnamese invaded, he had risen, at 33, to become the world’s youngest prime minister.

Four years after Vietnam finally withdrew from Cambodia in 1989, Hun Sen’s political party lost a majority in UN-sponsored parliamentary elections. But he refused to relinquish power, instead reluctantly agreeing to share it with a “co–prime minister” from another faction. Despite the 1997 coup and the brutal elections, after which the government beat protestors, including saffron-clad monks, in the streets, international observers declared the results fair. Hun Sen’s grip on power had been legitimized.

It was a culture in which powerful officials behaved like gangsters: One of Hun Sen’s cronies shot out the tire of an airplane  after the carrier’s handlers had lost his luggage. Hun Sen’s wife was accused of ordering a hit team to gun down the prime minister’s mistress, a beloved karaoke star, in broad daylight while she shopped for a bicycle with her 7-year-old niece. No one was ever arrested.

In the fall of 1998, U.S. Representative Dana Rohrabacher, a staunch anticommunist who’d worked in the Reagan White House, penned a resolution calling for the prosecution of Hun Sen for “war crimes, crimes against humanity, and genocide” during the Pol Pot regime, even though no firm evidence had ever emerged linking Hun Sen to atrocities. He also accused Hun Sen of executing Cambodians during the post–Pol Pot Vietnamese occupation and of ordering a crackdown on unarmed demonstrators, among other things. It passed unopposed.

Yasith Chhun, meanwhile, was busy preparing to take his own action against Hun Sen’s autocratic violence. While Hun Sen ruled from his military compound in Asia, Chhun mapped out his mutinous scheme, surrounded by stacks of 1040 federal tax forms in his Southern Californian accounting office. The business was located on a busy commercial thoroughfare anchoring a strip mall in a family-oriented neighborhood filled with ambitious Cambodian immigrants. Down the street was Willard Elementary, with its orange jungle gym and swing sets, where Chhun had sent several of his children to be educated.

Chhun had written letters to American politicians complaining about Hun Sen, from Secretary of State Madeleine Albright to members of Congress. Nobody wrote back. He’d tried protest, traveling to Cambodia and participating in at least 11 opposition-party demonstrations. The day after he’d left the last one, the prime minister’s goons had heaved grenades into the crowd, killing 16 and wounding more than a hundred.

Given all the bloodshed, Chhun figured that rounding up some revolutionaries wouldn’t be too difficult. He’d get Cambodian exiles to bankroll his revolution. His liberation movement would stage a series of small-scale “popcorn” actions, as he called them, that would touch off an eruption of revolutionary fervor, sweeping Hun Sen from power and ushering in a new era in Cambodian history—democratic and American inspired. This eruption would have a name. He called it Operation Volcano.

Chhun shared his scheme with a local travel agent and a fellow accountant, both Cambodian immigrants. Like Chhun, his allies hated the Hun Sen regime. The trio often lunched together. The travel agent would become the first CFF secretary general; the accountant, its international treasurer.

All three hit the phones to recruit other Cambodian-American exiles. They were fishing in a well-stocked pond. More than 130,000 Cambodians had been resettled in the United States between 1975 and 1985 alone. As the end of the century approached, some reports estimated that the Cambodian community was as large as 500,000. Long Beach was home to the largest Cambodian population outside Asia. Many were haunted by trauma and survivor’s guilt. As a former Khmer Rouge, Vietnamese puppet, and brutal strongman, Hun Sen was an easy man to blame.

By the fall of 1998, when Chhun and his aging assistants flew to Thailand to begin building their army, they had scores of phone numbers of potential recruits, provided by U.S.-based sympathizers with contacts back home. They carried boxes of a CFF book, penned by Chhun, titled Psychological Military Strategies, along with a laminating machine and a still camera to create IDs for recruits. They even brought along an official photographer. They had decided ahead of time that the visit would be historic. Just like Moses, Chhun believed he was answering the call to lead his people to freedom.

Chapter Four

Chhun was born in 1956, in a small city near the Thai-Cambodian border, around the same time the Cold War realists in Washington had begun planting the seeds of the Vietnam War. His family was wealthy by Cambodian standards, with their own tractor  and hundreds of acres of fertile farmland.

By the time Chhun was a teenager, in 1970, the Vietnam War had arrived in once neutral Cambodia. That year, a U.S.-backed general overthrew Cambodia’s King Norodom Sihanouk in a putsch, and the U.S. Army invaded. The toppling of the nation’s beloved monarch outraged many poor Cambodians and dramatically broadened the appeal of radical Maoist Khmer Rouge revolutionaries. Catastrophic U.S. carpet bombing didn’t help matters, either. But Chhun’s father considered the rebels dangerous. Throughout Chhun’s childhood, his father had spoken often about the wonders of democracy and condemned communism. Now he took Chhun to his first pro-government protests. Whenever he learned that revolutionaries had arrived in his native village, the elder Chhun did all he could to keep government soldiers apprised of their dispositions and activities.

On April 17, 1975, Phnom Penh fell to the Khmer Rouge. Overnight, Cambodia became a blank spot on the map, sealed off from the rest of the world. Their leader, Pol Pot, carried out a radical plan to transform the country into a collectivist agrarian utopia.

The executions had already started when Chhun and his family joined the sad exodus of Cambodians driven out of the city by Pol Pot’s army, clogging the roads as they dragged what belongings they could manage. During that long march to the rural farmlands, Chhun caught his first sight of corpses in the distance, left to rot in the fields. Then he spotted bodies in ditches alongside the dusty roads, bloated and covered with a thin sheen of dirt, emitting the smell of decay. Overcome, he vomited.

“Mao Zedong’s genocide has begun in Cambodia,” his father told him in a soft, somber voice. “We will face the same fate. It’s just a matter of time before this happens to us.”

On a hot day in 1977, at the height of the dry season, Chhun was bathing in a river near his house when he heard his mother scream. He ran back to find her unconscious, covered in blood. She was lying atop his father’s lifeless body. Nearby, a group of 12 soldiers stood glaring. His father’s head was almost totally severed, attached to his body by a thin piece of flesh.

“Are you his son?” One of the soldiers demanded.

“No… no… no,” Chhun said. “I am a neighbor.”

“If you are his son, I will cut off your head, too,” the soldier said. “This man is CIA. He is our enemy.”

After the soldiers left, Chhun picked up his mother and shook her until she opened her eyes. When she revived she began wailing, and Chhun felt like “a million needles were penetrating my heart with very poisonous venom.” He wrapped his father’s bloody body in a blanket, dragged him 300 feet from the hut, and buried him under an old mango tree. Chhun’s mother wept day and night for weeks. The rest of his life, Chhun would be haunted by the thought that his father could have avoided execution had he not chosen to return to an area where his sympathy with the U.S. government was well-known. Some of their town’s inhabitants, he was certain, had sold his father out.

Several months later, three soldiers from a nearby Khmer Rouge youth camp came for Chhun and took him away to work. In the months that followed, he slaved under the hot sun for more than 12 hours a day, supplementing the rice gruel provided him twice a day with insects, snakes, rats, mice, and grasshoppers. Sometimes he was so hungry he ate banana roots and leaves to fill his stomach. But, despite his hunger, he could never rest, as soldiers sometimes beat people to death with sticks or set upon fellow workers in full view of others, suffocating them with a plastic bag. Far more often, however, people simply disappeared, never to return.

On Christmas day, 1978, the Vietnamese army invaded Cambodia, and by January 8 it had driven the Khmer Rouge—weakened by internal purges and famine—into the jungle. During the calamitous three-year period of Khmer rule, as many as 2 million of Cambodia’s population of 8 million had died of starvation, disease, or murder. Chhun was one of the lucky survivors. But his nightmare was not over. Khmer Rouge soldiers shackled Chhun’s ankle to the tripod of a giant machine gun and forced him to help carry it through the jungles to the front lines. He was then coerced under enemy fire to drag a cannon across a fallow field into the range of the Vietnamese and fire it at distant soldiers. He was sent to clear minefields and taught to spring ambushes. And slowly he was converted into an anti-Vietnamese guerrilla fighter. To resist meant execution or exile into a jungle filled with mines and starvation.

One day the following spring, Chhun was with a group of soldiers, hiding out in the jungle, when local villagers wandered down a trail. One of them was an agent working for another, noncommunist guerilla group. He told Chhun of a secret camp located 60 miles south, near the mountains. Soon after, Chhun slipped away, to make the perilous journey through occupied territory to the border. When he arrived, Chhun was promoted to captain, and, he says, he “openly declared myself a freedom fighter against communists.” From there he eventually moved on to a United Nations refugee camp, where his path to liberation began.

He arrived in Georgia in 1982, his English still formal and new, with a wife he’d met in a refugee camp and a baby girl in tow. He quickly embraced the American lifestyle. He worked at what he called a salad factory, chopping vegetables, and purchased an old Chevrolet for $500 with his first paycheck. He discovered a passion for American movies—he enjoyed Star Wars and action flicks.

Eventually, he moved to California and started delivering pizzas. Then he traded up to a job in San Dimas, east of Los Angeles, manufacturing police badges. At night he earned his GED and, in time, his accounting license.

Along the way, Chhun divorced his wife and quickly took up with a new woman, whom he met on a neighboring treadmill at the local branch of Bally Total Fitness. She was named Sras Pech, had full lips, and proved willing to put in long hours in his tax business.

By  the late 1990s, Chhun had a total of four unofficial spouses—a practice frowned upon in much of Cambodia but not unheard of in the countryside—and 10 children who relied on him. One night he was spotted dining with his “wives” and many of his children at an In–N-Out Burger, sparking gossip in Long Beach’s sometimes chatty Cambodian community that has yet to die down. As Chhun later explained it, “I am a polygamist, but none of them are married to me legally. I married them with my heart certificate. It’s between me and God.”

Chhun was proud of all he had achieved. He had given his kids a family life that was sunny and American: They played volleyball, jogged on the beach, and played the racing video game Gran Turismo together. But he couldn’t quite shake the past. Despite his pleasant existence in Long Beach, he was haunted by his former life. As a result, he began to develop fantasies of righting the wrongs he had suffered. He started to see himself as Cambodia’s George Washington. 

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Chapter Five

In 1998, Chhun and his compatriots set up their revolutionary headquarters in the border province of Aranyaprathet, Thailand, where a friend’s stepbrother had rented them a two-story house. It was just a mile and a half from Cambodia’s busiest border crossing and not far from neon green rice fields. It was also close to the refugee camp where Chhun had lived before moving to the U.S..

The house became a kind of revolutionary magnet. Veterans of several disparate armies came to meet Chhun there, including Khmer Rouge, the Royalist faction deposed in the 1997 coup, and Hun Sen’s own soldiers. Over the course of the previous year, Hun Sen had cut a deal with the prince he’d overthrown and had lured back many of his troops in subordinate positions; Chhun was certain that many remained disgruntled. (He wondered out loud how Hun Sen’s former troops could not see that the leader intended to “squeeze their necks like sugarcane and throw them away.”)

Most of the would-be revolutionary soldiers arrived by bicycle taxi, traveling over a bridge connecting a Cambodian border town to Chhun’s headquarters in Thailand. When the taxis pulled away from the house, Chhun emerged to greet them as if they were his best tax clients. He’d sit them down in front of four electric fans—one in each corner of the room—and hand them cold glasses of water. Then he made his pitch for a new Cambodia. He always sent the soldiers back loaded down with pamphlets. He welcomed these would-be conscripts all day long. Chhun assigned his recruits code names straight out of a Hollywood thriller. There was Tiger 1, White Snake, Black Cat, and Golden Eagle—animal names were popular, turning the insurgents into a veritable menagerie—as well as 77 and Magic Monk.

For himself, Chhun chose the code name Meday, the Cambodian word for “thumb,” because “the thumb is the most important among all fingers,” he’d put it. “Without a thumb, the other fingers cannot grasp anything firmly.”

In October, after weeks of meet-and-greets, Chhun called his recruits back for a special conference. It was a sweltering day even with the doors and windows open, and Chhun’s shirt was soon soaked through with sweat. He practiced his speech for half an hour as he waited for the soldiers to arrive. Standing at the front of the room, electric fans in each corner, and gripping a microphone, he surveyed a crowd of between 50 and 100 recruits. These commanders formed the backbone of his army, the Cambodian Freedom Fighters.

The revolution would comply with the Geneva Convention, Chhun decreed. It would be supported by a nonprofit corporation formed in the United States, registered legally with the secretary of state of California, where its headquarters were located. Chhun vowed to return to the United States to prepare for the new government, which, he told them, had the support of the U.S. Congress. The house burst into applause.

A few months later, in early 1999, the mysterious grenade attacks ripped through the capital city of Phnom Penh, culminating with the April arrest of those five Cambodian Freedom Fighters caught preparing to blow up fuel tanks. Chhun later denied responsibility for the attacks, but they sent a clear message nevertheless: The revolution had begun.

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Chapter Six

The FBI first paid a visit to Chhun’s East Long Beach offices in September 1999. An agent from the bureau, accompanied by a member of the U.S. Secret Service, arrived to determine whether Chhun had any plans to assassinate Prime Minister Hun Sen, who was set to arrive in New York City and address the United Nations General Assembly.

In the months since he’d returned from Thailand, Chhun’s accounting office had been transformed. He’d tacked up a map of the Thai-Cambodian border and painted a huge  bald eagle, wings spread wide, on the wall above his computer. On the PC tower next to the monitor, Chhun placed a smaller bronze eagle mounted on polished wood. He also hung color photographs of himself in military fatigues holding a weapon and posing with various commanders in the jungle. The centerpiece was the official flag of the Cambodian Freedom Fighters. He’d designed it himself: It contained the American and Cambodian flags, and the crest was in the shape of a police shield.

Chhun talked to the FBI and Secret Service agents about Cambodian politics. He waved his hands and spoke rapidly, with growing energy, about injustice and the need for change. He acknowledged that he and 10 others intended to go to New York City to protest Hun Sen; he said he expected to be joined by as many as 100 more. He told the agent that, yes, he founded CFF to overthrow the government of Hun Sen. It was to be a peaceful overthrow, he claimed.

When the agent asked if Chhun knew of the soldiers reportedly encamped on the border of Thailand, training possible revolutionaries, he denied ever having met any. When she asked about the April rocket attack, Chhun’s excited demeanor suddenly became subdued. He acknowledged that he had read about the failed attack, but he insisted that the German weapons used were very expensive. “We couldn’t afford weapons like that,” he said. Hun Sen was claiming that the CFF was involved with the attacks, Chhun added, but it was a lie.

The FBI agent still found cause for suspicion. As she and her Secret Service colleague were walking out the door, they spotted the photographs of Chhun in civilian clothing standing with fatigue-clad soldiers in the jungle. They asked him whether those were the troops on the border that he had just denied having contact with. He acknowledged that they were. But he still insisted he was nonviolent.

The agents didn’t believe Chhun was telling the whole truth. Back at the local FBI headquarters, they filed a report on their suspicious interview with Chhun. But they had no hard evidence that he was doing anything other than exercising his First Amendment rights.

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Chapter Seven

On and off throughout 1999 and 2000, Chhun went on the road to raise money and line up recruits, hopscotching across the United States like a presidential candidate on the campaign trail. “We have plenty of freedom here,” he would tell potential donors and recruits. “Butterflies should not forget what and where they come from. Wake up, Cambodian-Americans!”

To inspire his supporters, he held weekly meetings where he played clips from American movies—Saving Private Ryan for its portrayal of valor, Braveheart for its heroism, A Few Good Men because the line “you can’t handle the truth” conveyed, he thought, the ruthless nature of doing one’s duty. Chhun sometimes attended these screenings in military fatigues and tunic. He encouraged others to do the same.

Chhun had also received inspiration from the DreamWorks cartoon The Prince of Egypt. When Chhun watched the cruel cartoon Egyptians beating the Jewish slaves, he couldn’t help but see parallels to his own struggle. He was spellbound when cartoon Moses accepted his role as the savior of his people and faced down the ruthless Pharaoh Ramses. By the time God parted the Red Sea and Moses finally led the Jews to liberation, Chhun was weeping. He was certain God was sending him another message: that he was meant to liberate his people.

In May, Chhun summoned CFF delegates from around the nation to the Queen Mary, a luxury liner that had been converted into a hotel and convention center and permanently moored in Long Beach’s harbor. When Chhun heard cheers and enthusiasm from his audience, he started to think of himself not only as Moses but also as John F. Kennedy. (He also claimed he received more than $200,000 from the eager émigrés at the event.)

He met with his “cabinet” to hash out a new Cambodian constitution, with three branches of government—legislative, judicial, and executive, just like the United States—and reform its politicized judiciary, pliant National Assembly, and oppressive prime minister’s office. Chhun and his CFF delegates decreed that if their party came to power, politicians would be required to declare their assets and any stock ownership prior to taking office. They would try to prevent the prostitution and sex trafficking endemic in Cambodia. They would push through anti-infant-mortality initiatives and establish national institutes for language and technologies.

Economic development and smart trade policies would help pay for their plans. But there would be plenty of international aid, too: Almost every year since 1993, the international community had pledged some $500 million in aid, a substantial portion of Cambodia’s gross domestic product. Much of it, Chhun and his cohorts believed, had been plundered by corrupt public officials. Besides, he figured, once he established an American-style democracy, the United States would be eager to contribute.

Chhun kept in regular contact with his military commanders back in Cambodia, keeping apprised of recruitment and training. He knew he had to go back and launch Operation Volcano.

As Chhun’s mother and Sras Pech, one of his wives, prepared to send him on his travels, the mood was somber. No one in his family wanted him to go. But Chhun was resolute.

Chhun’s destination was a three-bedroom French colonial house just across the border from Cambodia in Surin, Thailand. It had a huge four-car garage—perfect for storing equipment. And it was located off the main road, with its own dirt path shielding it from view.

Given the reports he was receiving from his commanders and secret agents in Cambodia, Chhun thought he had nearly enough recruits. Now he prepared to take the final steps toward unleashing Operation Volcano. He installed a computer network to store military data, syncing it with a trusted agent inside Cambodia—a Cambodian-American electronics engineer from Oregon with the code name Magic Monk. It was also synced with his Long Beach accounting office, so he could keep up with his tax work.

He began to distribute the $200,000 from the treasury to pay for radio equipment, cell phones, transportation, food, and computer and office supplies. Much of the money went to the commanders of his army, who, he believed, would use it to pay their soldiers. The more soldiers they recruited, the more money he paid them.

Finally, he set a date—the volcano would erupt in late July.

A June 28 memo to Commander in Chief Chhun from one of his deputies reported a frenzy of activity across the border. Two special agents were working on renting houses in Phnom Penh, to be used in the operation, and reported that they were ready to deliver “50 more” missiles and the materials needed to fire them. They were also stoking popular discontent with small-scale popcorn actions. A team of CFF special agents had detonated a grenade loaded into a plastic container filled with gasoline—the cable assured him he would read about it in the papers—and two more attacks were scheduled.

Chhun kept his cabinet and supporters back home informed about his activities, faxing reports in which he claimed to have met with various Cambodian generals and received more assurances of support. In one, he compared his coming effort in Cambodia to that of General Douglas MacArthur liberating the Philippines in World War II.

Around that time, a Green Beret–trained Cambodian-American named Heng Tek from Alexandria, Virginia, decided to travel to CFF headquarters in Thailand and then proceed across the border into Cambodia to see how the movement was developing. An executive chef by day, Tek had been working as Chhun’s nominal military adviser. When Tek arrived, he saw that things were starting to fall apart. As far as he could tell, nobody in the provinces he visited had even heard of the Cambodian Freedom Fighters. The number of CFF forces the adviser had been able to confirm was far from the 16,000 troops Chhun estimated. Tek couldn’t even find 1,000 people ready to fight. Some commanders, the adviser concluded, were just interested in taking Chhun’s money. Others might participate if things looked like they would go well. They were likely, however, to sit on the sidelines during the crucial early hours, waiting to see what the outcome of a revolt would be.

There were two possible outcomes to Chhun’s plan: overthrow of the government, or the CFF crushed under the heel of the regime. Tek thought he knew which was more likely. Launching Operation Volcano, he warned, would prove calamitous. “You better go back to the United States,” he told Chhun.

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Chapter Eight

Chhun’s face, Tek would later recall, went pale and then reddened. “I came here to do my job,” Chhun told him, rejecting his suggestion. Then he derided the adviser as a “dishwasher”—a grave insult to an executive chef. Tek returned home alone, where he promptly shared his findings with Chhun’s Long Beach board.

Three of Chhun’s most crucial co-revolutionaries promptly resigned, including the travel agent and the accountant buddies who’d been among his first recruits.

Chhun decided to delay the coup for a few months. Then on July 10, he sent a fax to several of his men. “Our ship is ready to hit the bank,” he wrote. “Some weak leaders got more scared and worried since the war is about to explode. Our soldiers here don’t care how U.S. leaders are reacting, since they are the ones that do the fight to liberate our country. We need more tiger style leaders and not chicken ones.”

The next day, two Vietnamese were killed and 15 were injured when someone bombed a Phnom Penh nightclub.

Soon other problems emerged. Golden Eagle, the code name for CFF’s vice president—the man responsible for recruiting the organization’s troops—announced that he needed more than $100 million to carry out the military operation. It was a questionable request, and in any case Chhun didn’t have $100 million. The vice president resigned. Meanwhile the CFF’s treasury had depleted. Chhun says he asked Pech to wire him $100,000.           

At the same time, he drew up a military operations plan that drew on guerrilla tactics. CFF loyalists would pretend to be government troops and raise white flags of surrender. All announcements would be conveyed by screaming or through loudspeakers to confuse enemy troops.

Operation Volcano was rescheduled for November. A week prior to the attack, Chhun summoned some 30 commanders to Thailand to go over final details. They were assigned 291 targets. The commanders were given CFF flags with the signature police-badge crest and bald eagle and told to hoist them over captured buildings.

The plan was that 800 soldiers would wait on the Cambodia side of the border to convey President Chhun to Phnom Penh, where he would remain in a secret location, ready to direct the attacks. He would be accompanied at the headquarters by his trusted aide Magic Monk.

At the appointed hour, four commanders would move their units from their positions to take up the attack, securing targets across the capital city, including the ministries of Interior and Defense, army garrisons, and weapons depots, as well as television and radio facilities, Hun Sen’s personal residence, and many other smaller targets. One commander would later recall leaving the meeting certain that an army of 40,000 stood ready to rise up.

Chhun called Black Eagle, a captain of the weapons arsenal who had agreed to covertly arm the troops.

“It’s almost time to cook,” he said. “Are you ready to give us some ingredients?”

“Yes,” came the reply.

Operation Volcano was a go. 

Chapter Nine

After months of preparation and a frenetic day spent arming troops and testing communications equipment, Magic Monk took up a position on a roof in the center of town. He had received the disappointing news earlier that day that President Chhun wouldn’t be arriving until after the battle. (The reason for his absence was unclear.)

As midnight approached, he anxiously watched the seconds tick down. Then, when the clock struck 12, he waited expectantly for the telltale gunfire or an explosion signaling that the coup had started.

Nothing happened.

In the minutes that followed, he tried to contact his ground commanders. He managed to reach one briefly, but before he could get a situation report he lost the connection. He tried others but got no answer.

Finally, he reached a commander named An Mow, a lean, dark-skinned Khmer in his late twenties code-named Tiger 1. Mow had set up his headquarters near the Ministry of Interior, and he too was perplexed by the lack of action. He had called his subordinate commanders in Phnom Penh and the provinces just before midnight, and they had all assured him they were ready to go. His subcommanders had told him that he had 3,000 soldiers ready to take up arms. What were they doing? The problem, the electronics engineer and Mow decided after much discussion, was that nobody wanted to go first. Mow would have to start the attack himself.

Mow proceeded to a vast encampment of homeless squatters in the rail yards behind Phnom Penh’s Art Deco railway station, the hiding place for a contingent of between 50 and 100 men who had agreed to join the attack. They wore flip-flops and headbands dyed in the orange saffron of Cambodian monks. Some had donned T-shirts emblazoned with an American eagle and the words “Cambodian Freedom Fighters.” They held CFF flags, and they appeared to be drunk on rice wine. All they needed was a little push.

Mow gathered the men together, ordering homeless people who wandered over to leave the area or “go back to sleep.” Then he led his men out of the camp and gave them weapons. Sometime after 1 a.m., heavily armed with semiautomatic rifles and grenades, they broke into the shuttered train station and readied themselves for war.

Key targets—the Council of Ministers, the Ministry of Defense, the state television station TV3—lay just a couple of blocks away on Russian Federation Boulevard, a wide, four-lane concourse separated by a grassy median dotted with palm trees. To get there, all Mow had to do was exit the train station, lead his men about a block past a gas station, and then charge down the thoroughfare.

It was raining and dark outside as Mow ordered the first of his men to head into the street. Outside, a Cambodian National Police commander sitting in the cabin of a truck spotted the first man hopping over the fence as his team patrolled near the train station. Five others wearing orange headbands were right behind him. The police commander concluded that the men were probably chasing a thief and ordered his driver to approach and offer a hand.

“Brother,” shouted one of his officers, hopping off the truck, “what is happening?”

“The Vietnamese are coming!” one of the men in the headbands shouted to his fellow CFFers.

A soldier tossed a grenade, and the others fired their weapons. Thirty to forty more men surged over the fence and lit up the truck with gunfire and grenades. The police commander slumped on the dashboard and played dead. Several other police officers were struck with shrapnel and bullets and fell bleeding to the ground.

Around the corner at a gas station, an unarmed security guard was eating a sandwich and reading the newspaper when he spotted men in headbands emerging from another entrance. One of them approached, pointed his gun, and said, “Stay still, I’m going to shoot you.”

“I am a private security guard,” the man responded. “I don’t have a weapon.”

When the gunfire rang out down the street, the soldier shot the security guard in the leg, tossed a grenade, and walked away.

Mow was still in the train station when the air outside convulsed with explosions and the rat-tat-tat of AK-47’s and M-16’s suddenly opening up at once. He charged out the exit and spotted the bullet-riddled police truck and officers bleeding on the ground. Some were screaming for help.

“Stop firing!” he yelled as he approached a police officer cowering behind the truck.

Mow ordered his men to continue on toward the boulevard and had others help him move quickly among the wounded policemen, taking their weapons. One police officer saw the CFF soldiers approach him trying to take his rifle as he lay bleeding on the back of the truck. “I’m Cambodian police,” he said. He attempted to crawl away, but the man threw another grenade at him. It blew off part of his foot.

Mow’s men had turned onto Russian Boulevard and encountered the first government troops. As Mow ran to the front, several of his men were struck by bullets and thrown backward. Lying on the ground, they screamed for help. Mow fired into the dark, aiming for the muzzle flashes down the road. He was having trouble seeing the government soldiers ahead. But from the flashes it was clear that they were up against at least 20 men and perhaps many more. The government soldiers were ready—it was as though they had been waiting for the freedom fighters. One after another, Mow’s men were hit. He ordered them carried back from the firing line. Then he and his men advanced toward the entrance to the Ministry of Defense as continuous volleys of gunfire raged for almost two hours, according to Mow.

Then Mow heard a chilling sound in the distance, the clanking rumble of an approaching armored vehicle. Soon, two Russian-made personnel carriers rolled into the middle of Russian Federation Boulevard, turned their turrets toward Mow’s cowering force, and fired four machine guns capable of unleashing 600 rounds of armor-piercing bullets per minute. The bullets pounded into the Council of Ministers and Ministry of Development buildings, ripping chunks out of the walls, and tore into several CFF soldiers.

Soon after, in what some later dismissed as a bald publicity stunt, Phnom Penh’s governor drove his armor-plated Chevrolet into the middle of the boulevard, headed straight for the cowering attackers, and shouted, “I’m taking back my town!” (According to later reports, he had received word of the impending attack at least three days before.) Mow called his commanders together and quickly ordered a retreat to the railway station. He collected the rifles from the soldiers around them, threw them on a pile, and told them to flee. Then he sat down on the pile and waited to be arrested.

A small group of men had also charged a base on the outskirts of town, about four miles from the site of An Mow’s assault on the Ministry of Defense. One reporter who later visited the site recalls being told that the defenders had advance warning and that the attackers had been quickly repelled. According to the reporter, there hadn’t been more than five people firing their weapons.

Chhun was nowhere on the scene. He’d stayed in Thailand through the entire would-be revolution. “Our hopes,” Chhun remembers telling those gathered around him in his Thai headquarters, “have melted away.” He then called whatever commanders he could reach and told them to melt away.

At least seven people were killed and 12 wounded in the attacks that night. Though Chhun’s electronics engineer had briefly made radio contact with one commander, the connection had dropped before he could determine whether he, too, was attacking. The two small-scale insurrections launched by Mow and his men were the only ones carried out that night. It was not Washington’s Potomac. It was, as one journalist wrote, “pathetic.”

Chapter Ten

As news of the bizarre events that night filtered out, journalists, political analysts, and diplomats in Phnom Penh were immediately cynical. Who were the Cambodian Freedom Fighters? Were they even real? Truckloads of CFF soldiers were driven to the Municipal Police headquarters, bound, and blindfolded—they all looked like clueless farmers from the provinces. Some said they had been offered a few dollars to hold a gun. And though the bullet holes were certainly real, by the standards of Phnom Penh’s battle-hardened press, NGO, and diplomatic communities, the attacks of November 24, 2000, were laughable. Even harmless. One diplomat referred to the CFF as “the gang that couldn’t shoot straight.”

The diplomatic repercussions, however, were immediate. Within hours, Hun Sen had accused the CFF of orchestrating a terrorist assault on government offices, revealed that his government had had advance knowledge of the plan, and demanded that the U.S. arrest Yasith Chhun.

To the sleep-deprived diplomatic staff at the U.S. Embassy, the news that the attack appeared to have been orchestrated by an accountant from California came as a shock. They had been woken up in the middle of the night and conveyed straight to a secure situation room to monitor the unfolding events, focusing on ensuring the safety of American expatriates.

“Oh, my God. An accountant in L.A.?” one diplomat remembers saying. “No shit? This is amazing!”

Some in the diplomatic corps requested American authorities investigate the matter to determine whether any U.S. laws had been broken. Conspiracy theories circulated. Hun Sen had been under increasing pressure by the international aid community to slash the size of his military budget. Opposition leader Sam Rainsy had been gaining support among the populace. Could the coup have been a staged event intended to serve as a pretext for more military funding and a violent crackdown on nonviolent opposition groups? Or had the group somehow been co-opted by secret agents and manipulated into a fiasco?

The morning after the attack, Chhun received a call from one of his missing commanders in Phnom Penh: He and some of his team had fled through the Cambodian border crossing at Koh Kong to Thailand, the commander said. They needed help. Chhun sent a truck to pick them up.

An hour later the phone rang again. Now it was one of Chhun’s special agents with devastating news. The electronics engineer from Oregon had tried to catch a flight to Thailand out of Cambodia’s Siem Reap Airport and had been arrested. Reports of other arrests soon poured in. As Chhun began to piece together the events of the previous night, he realized that not only had the government been ready and waiting at the locations targeted by An Mow and his troops, they also had the names of those involved in the CFF and were rounding them up one by one. Within 24 hours, the government had arrested at least 58 of his men.

Then, just as Chhun was planning to flee to Bangkok, one of his secret agents called: The government had supposedly placed a $3 million bounty on Chhun’s head. Soon after his cell phone rang. It was a call from a prominent genocide researcher in London, phoning on behalf of Amnesty International, who had obtained Chhun’s cell-phone number from his Long Beach office.

“Your life is at risk,” Chhun recalls the human-rights researcher telling him. “If you fall into Hun Sen’s hands, your life is over.”

He told Chhun to find a safe place to hide.

Others warned Chhun that if he attempted to escape through the Bangkok airport, he would be arrested immediately. He would have to go overland to Malaysia instead and catch a flight back to the United States from there. They advised him to wait until Thailand’s elections, more than a month away, when much of the country would be distracted.

Chhun’s nephew lived in Bangkok, and Chhun hid out at his apartment with ten other CFF delegates, all of them from the United States. They called Chhun’s accounting office in Long Beach daily to keep up with the latest developments. Sras Pech tried to lift Chhun’s spirits, assuring him that she supported him and had their business under control. She continued to wire him money.

Meanwhile, a Cambodian-American jewelry-store owner who lived in suburban Virginia took to the podium at a National Press Club event in Washington and publicly claimed responsibility for the CFF attack.

Around the same time, Chhun rented a taxi and took a six-hour drive to the Thai and Malaysian border. He handed his passport to the customs officer and waited anxiously as the official entered his information into a computer. Chhun tried to read the screen over his shoulder: In his anxiety, he forgot he knew no Thai. Chhun’s tourist visa had expired some 40 days earlier, but he was ready. He handed over a stack of 16,000 baht—about $520—and the agent stamped his passport. Chhun walked about 100 yards before he heard a commotion behind him.

“Chhun Yasith! Chhun Yasith!” someone screamed.

A chill ran down Chhun’s spine, but he sped up and did not look back, willing himself through the Malaysian customs booth and out of reach of Thai agents. Then he caught a taxi to Kuala Lumpur Airport and flew back to L.A.

Chapter Eleven

Chhun was deeply depressed when he arrived home from Thailand. He didn’t eat for two days and kept telling Pech how sad he was. “He tended to believe only what he wanted to hear,” a psychiatrist would later write of Chhun. Chhun realized, in retrospect, that he was getting advice from “two different directions and that he tended to believe the individual who said that he had many thousands of soldiers behind him when he had only a few poorly armed soldiers.” Chhun recognized too late, wrote the psychiatrist, that “he used poor judgment.”

In the days following the attack, more than 200 people were arrested across Cambodia. Many were later released, but 32 were brought to trial the following June, charged with conspiracy, terrorism, and membership in an illegal armed group. Human rights organizations accused the Cambodian government of denying their new captives adequate counsel. Thirty citizens received sentences ranging from three years to life in prison. Three of Chhun’s captured recruits—including the electronics engineer and An Mow—received life sentences. Chhun was sentenced to life in absentia. When the verdicts were read, the wives of some of those sentenced wailed and fainted in the courtroom.

The following November, 25 more men were convicted, and 64 additional suspects were rounded up. Many of these Chhun had never heard of. Opposition leader Sam Rainsy told the L.A. Weekly that Yasith Chhun’s Operation Volcano was “the greatest gift to Hun Sen” because he was able to use it as an excuse to round up and incarcerate political opponents.

Despite these setbacks, Chhun, like many revolutionaries before him, was reenergized by the media attention. He listed his address and phone number in Long Beach on the CFF website and greeted visiting reporters as if they were old friends.

“We’re definitely going to try again,” he told one.

The U.S. government has “never given me a red light,” he said. “That means there’s a green light.”

Not long after, staffers for Thomas Reynolds, the chairman of the National Republican Congressional Campaign Committee, called and asked Chhun to raise money for them in the Cambodian community. He was appointed to the committee’s business advisory council. He attended a fundraising dinner for George W. Bush.

As the months passed without an arrest and Yasith Chhun continued to speak openly of revolution and prepare tax returns, many speculated that he was being protected from prosecution by powerful allies in Washington.

Two months after the failed coup, however, the FBI returned to Chhun’s office to interview him. The accountant seemed eager to talk and cheerfully welcomed them in. “I’ve been waiting for you guys to come talk with me,” he told Special Agent Donald Shannon, a tall, beefy former infantry officer assigned to the FBI’s joint terrorism task force.

“Well, we’ve been waiting to talk to you, too,” said Shannon.

Chhun appeared relaxed, dressed in a white-colored shirt, the top buttons undone, and casual business slacks. He led the agents to an office in the back, offered them soft drinks, and asked them to sit down. Then Chhun pulled out a stack of photographs. Some depicted Chhun in the jungle meeting with various commanders. One showed his companion Sras Pech wearing makeup and full camouflage, draped with bandoliers and holding a semiautomatic rifle while striking a sultry pose.

Chhun showed the agents the constitution he had drafted. He pulled out the medals he had ordered from his old employers in San Dimas to hand out to Cambodian Freedom Fighters worthy of recognition. He displayed pictures of his fundraisers on the Queen Mary, talked up the CFF website, and offered the agents a business card: “Yasith Chhun, President, Cambodian Freedom Fighters.”

Yes, he had hoped to overthrow the government, but in “a peaceful way to minimize loss of life,” he told them. He had simply told disgruntled commanders in the Cambodian army that America supported them and “would like to see Hun Sen overthrown.” He reminded the agents of Congressman Rohrbacher’s resolution that labeled Hun Sen a war criminal.

Shannon listened carefully, skeptical of Chhun’s account. He noticed the oversize military map of Cambodia on the wall behind Chhun’s big wooden desk, with notations in grease pencil. Planning a military attack from the U.S. against a nation with which the U.S. was at peace was a violation of the Neutrality Act, Shannon thought to himself. Launching an attack overseas with intent to kill and destroy property was also illegal.

Soon, a new garbage man showed up on the Long Beach Sanitation Department truck that arrived once a week to empty Chhun’s dumpster. He was an undercover FBI agent. Once a week, at four in the morning, a groggy team of agents waited at the city dump out by Long Beach Airport, rakes at the ready to comb through Chhun’s garbage. Chhun shared his dumpster with the Indian restaurant next door, which meant the agents had to plug their noses against the smell of rotting food, brush maggots off of the voluminous tax papers coming out of CCC Accounting, and stare down menacing seagulls voraciously eyeing the bounty. Often, after the agents finished the job of combing through the trash, Shannon would try to raise morale by offering to buy breakfast. He never got any takers.

One morning, the agents found a scrap of paper that made it all seem worthwhile. It read: “Volcano 2.” Chhun did, in fact, seem to be planning on trying again. They wondered if an attack was imminent.

On September 11, 2001, at 5:46 a.m.—8:46 Eastern time—Shannon and two other agents sat in a bland government sedan outside CCC Accounting’s office preparing to execute a search warrant. They were listening to the radio. The first plane hit the World Trade Center. A few minutes later the second plane hit, and Shannon knew the world was about to change. He called his boss immediately to ask if he should return to help deal with what was now clearly a terrorist situation.

“You might as well execute the warrant today,” his boss told him. “Who knows when we’ll be able to get back to it.”

Chhun arrived at work a couple of hours later to find his office cordoned off.

“Don, this is a very sad day for the CFF and Americans,” Chhun told Shannon outside. Shannon explained that he was executing a search warrant and told the  accountant to go home for the day.

The warrant turned up what would later prove to be a treasure trove of documents establishing Chhun’s deep involvement in the botched coup. But it would be months before anyone at the FBI would have time to devote their attention to the case again. The U.S. was at war with Al Qaeda. Shannon himself would be transferred to the FBI’s Washington headquarters in 2003.

Before he left, Shannon returned to Chhun’s office one last time, wearing a wire, to see if he could get the loquacious accountant to incriminate himself.

Chapter Twelve

On Shannon’s last visit, there were more pictures. Chhun had just returned from a White House dinner, where he had dined with President George W. Bush and some 7,500 other business supporters. The photos showed him eating filet mignon, seated with a police chief from Texas and a general who served in the Korean War.

Then Chhun answered a series of questions in ways that seemed to directly implicate him in the violation of a number of U.S. antiterrorism laws. He admitted to traveling to Thailand and devising a plan to overthrow the Cambodian government. He talked about his 291 targets, his plans to arrest Cambodian leaders. He acknowledged that his actions might have caused the loss of life. He mentioned George Washington.

When Shannon left for his new post in Washington, D.C., he believed that the assistant U.S. attorney was nearly ready to indict Chhun. But then the assistant U.S. attorney became seriously ill.

Almost a year later, Chhun was still a free man when a reporter from The New York Times arrived to write a story on him. During the visit, Chhun compared Hun Sen to Saddam Hussein, who had recently been removed by U.S. troops after years of vocal activism by Iraqi exiles like Ahmed Chalabi. (The reporter had also visited Representative Rohrabacher, who compared Hun Sen to Adolph Hitler. The congressman told the reporter that if armed resistance in Cambodia had any chance to win, “we should be happy” to aid them.)

When the reporter asked Chhun about the FBI investigation, he laughed. The FBI had visited his office three times since 2000, Chhun said. He told them he was planning more violence and showed them his files. They went away.

“Next time,” Chhun boasted, “We will attack the whole country.”

In the winter of 2005, however, Chhun’s file landed on the desk of assistant U.S. attorney Brian Hershman. Hershman looked the part of the successful, conservative American lawyer: Thick brown hair swept back off a high, pale forehead, cut high and tight around the ears. The curling, thin-lipped half-smile of a born skeptic. He’d grown up in St. Louis watching 1980s legal bellwether shows like L.A. Law and the movie The Verdict, graduated summa cum laude from Berkeley, then went on to Yale Law School. He was not the sentimental type, and he had little patience for lawbreakers.

“We want you to look at this,” the deputy chief of the fraud division told him one day as he dropped off Chhun’s file. What were the appropriate charges, and could the case be indicted? the deputy chief asked Hershman. The case was “important,” and the office was committed to providing whatever resources Hershman needed “to make sure it’s done appropriately.”

Hershman had never heard of the Yasith Chhun case before.

As Hershman dug into the files, he found the first allegation against Chhun relatively routine: The accountant and Pech had apparently been claiming earned-income tax credits for a number of unemployed clients on welfare, filling their forms with fictitious jobs. It was certainly an indictable offense and worthy of prosecution. But Hershman had seen antics like this many times before.

The other charges, though, got Hershman’s attention in a hurry: a coup d’état? In his 12-year career, Hershman had seen his share of violent cases, bank robberies, drug transactions, and other smaller crimes. Never anything as glamorous as this.

As Hershman dug into the bizarre case, he realized he would have to move fast. There was no statute of limitations on one of the possible charges: conspiracy to commit murder. But the clock was ticking on some of the others, particularly violating the U.S. Neutrality Act. He would have only a few months to reach his conclusion.

Hershman read the New York Times article “The Strip Mall Revolutionaries,” in which Chhun had all but confessed to the crime and boasted that the FBI supported him—an assertion the agents now assigned to the case had read with no small degree of shock. The article depicted Chhun as a hapless dreamer, not entirely in touch with reality but relatively harmless.

While Chhun’s actions might well have been criminal—that Hershman needed to determine—maybe, the agent thought, he was just misguided, making foolish decisions because he was a true believer in democracy in Cambodia.

A few weeks later, Hershman began to interview witnesses, and his opinion started to change. Early on, he traveled east with a new FBI case agent, Miguel Luna, to visit Chhun’s military adviser, the one who had warned him so vehemently that Operation Volcano would be calamitous. They sat in Heng Tek’s cramped apartment in Alexandria, the pungent smell of fish oil wafting through the air, and listened as the slight, aging former soldier recounted his warnings to Chhun. And that’s when Hershman’s internal outrage meter first began to quiver.

Tek, Hershman recalls, told them he had quickly come to the realization that Chhun’s generals were trying to take his money and that there was no realistic possibility that the coup could succeed. They were recruiting people who really had no resources. And by offering them a little bit of money, they were likely sending those people to their deaths.

It’s one thing to be misguided and believe in a cause, Hershman thought. It’s another to essentially send people to their slaughter knowing that you have no chance of success and no real idea of what you’re doing.

As Hershman began to look more deeply into the case, he decided Chhun was perhaps not so unique after all. He resembled a well-known archetype in the fraud unit of the U.S. attorney’s office, that of the classic narcissist or snake-oil salesman, selling a story that “wasn’t at all tethered to reality,” generally for their own personal benefit.

Earlier in his career, Hershman had been involved in the prosecution of Victor Conte, the man who founded the Bay Area Laboratory Cooperative (BALCO), which enlisted high-profile athletes to help peddle nutritional supplements of questionable efficacy while secretly providing them with illegal designer steroids. The scandal ensnared baseball’s home-run king Barry Bonds and track star Marion Jones, and earned Conte international media attention. Hershman had also prosecuted Lynne Meredith, the celebrity tax protestor whose best-selling books and sold-out seminars convinced millions of people that taxes were voluntary.

While Conte had gained prestige due to his close access to famous athletes and Meredith had amassed money and notoriety, Hershman concluded that Chhun’s motives were equally clear: He was trying to escape from his mundane existence in his tax office. “He was not going be a tax accountant anymore,” Hershman says of Chhun’s desires. Instead, he “wanted to run a country.” While Chhun had no ability or knowledge to achieve this, Hershman says, the entire operation was “very much about his personal desire to be more important than he was.” Chhun didn’t listen to his military adviser’s warning to go home because “he had his own agenda and his own narcissistic beliefs,” Hershman says.

Later, Hershman would fly to Cambodia, where he met with people who had been maimed in the attack, as well as relatives of some of those killed. He sat through depositions with Chhun’s lieutenants, who had been sentenced to life in prison. Sitting in a dingy room in Phnom Penh, Hershman and his team provided them with bottled water, and it seemed to him that they were behaving as if he had just given them “a lobster dinner.”

“This water is so clean,” one the men told him. “It’s been a long time since I’ve had water that tastes this good.”

When he heard them extolling the water, Hershman’s personal outrage meter tipped. He had already made his decision: Yasith Chhun deserved to go to prison for a very long time.

As the statute of limitations approached its final days, Hershman entered the office of his division chief and rendered his opinion: They should move to indict Yasith Chhun.

Chapter Thirteen

Chhun was indicted May 31, 2005, charged with conspiracy to kill in a foreign country, conspiracy to damage or destroy property in a foreign country, and engaging in a military expedition against a nation the United States is not at war with. The most serious of these charges have been used repeatedly in recent years in cases against Al Qaeda terrorists tried on U.S. soil. They carry a potential penalty of life in prison without possibility of parole. Both Chhun and his companion Sras Pech were also indicted on 19 counts of federal income-tax fraud.

A federal agent arrived at Chhun’s East 10th Street office with a Long Beach police sergeant Chhun knew, asked him how he was, then signaled an arrest team of between eight and ten agents. The couple were held in separate cells overnight, then sat together in the same room one last time before Pech was released. Even then, neither expected the separation to last.

In the years that followed, Chhun would switch attorneys four times. Prosecutors and attorneys made at least two trips to Phnom Penh to interview witnesses. The trial finally began in 2008, by which point Hershman had already left the U.S. attorney’s office. Before he departed, Hershman says he sat Chhun and his attorney down and told them he was giving them one last chance to make a deal. The stakes were high; Chhun was facing life in prison. “We have overwhelming proof,” Hershman told them. In exchange for pleading guilty, Chhun would be allowed to make a presentation to the judge and request leniency, and the devastating evidence would not be presented.

Hershman had been troubled by the impact the attacks had had on those who were injured. The police officer set upon outside the train station had placed a mangled foot on the table and wept. Hershman heard about a stray bullet that had gone through a wall and had hit the father of a newborn baby. The father died in his wife’s arms.

Once those victims are on the stand, Hershman argued—once the judge and jury saw “what I saw,” as he put it—it would be very difficult to convince the judge that a sentence of life in prison was not appropriate.

Chhun rejected the deal.

On April 16, 2008, after two days of deliberation, a jury found Chhun guilty of three counts of conspiracy and one count of engaging in a military expedition against a nation the United States is not at war with. Two years later, the judge sentenced him to life in prison. In March 2011, he was sentenced to 37 additional months for tax evasion.

Chhun’s current attorney, Richard M. Callahan Jr., filed a 74-page appeal with the Central District of California, seeking to overturn the conviction. The most poignant argument contained in it was that his client had been a victim of shifting political winds, a sacrificial lamb offered up in exchange for Cambodia’s cooperation with the war on terror. Callahan noted that Hun Sen angrily accused the U.S. of hypocrisy for failing to vigorously pursue Chhun after he returned from Cambodia, but the U.S. ambassador Kent Wiedemann had responded that the two countries did not have an extradition treaty and that it was up to the U.S. to determine whether Chhun had broken any U.S. laws. “It’s not the business of the Cambodian government,” he said.

After 9/11, however, the Bush Administration began to consider Southeast Asia a second front in the global war on terrorism, focused especially on the radical Islamic group Jemaah Islamiyah. This, Callahan writes, caused a “pendular shift in U.S.-Cambodian relations. Cambodia was taken off the list of illegal drug producing countries. The following year, Secretary of State Colin Powell signed an agreement with Cambodia  to strengthen counter-terrorism training, exchange financial and immigration data, and work to create joint programs.”

All the while, however, Hun Sen’s government complained that Chhun remained a free man. “At this point, we are wondering that if the U.S. is the master of the fight against international terrorism, why is the U.S. ignoring this terrorist case,” Hun Sen said in 2001. “What is the real value of the U.S. suggestion to Cambodia to offer cooperation against international terrorism?”

When Chhun was finally indicted, Hun Sen told reporters the arrest was “part of the cooperation in the fight against common terrorism that both Cambodia and the United States have an obligation to.” In a memorandum, the U.S. ambassador to Cambodia, Charles Ray, conveyed his “appreciation and congratulations to the L.A. Division, to the U.S. Attorney’s Office and to all those who moved this case forward.” Within months of Chhun’s arrest, FBI Deputy Director John Pistole made a trip to Phnom Penh to announce plans to establish an FBI office in the U.S. Embassy and train Cambodian police in counterterrorism measures. He presented awards to Cambodian officials “in recognition of their important contributions to the prosecution of the Cambodian Freedom Fighters counterterrorism case.”

“The correlation between the opening of the new FBI office in Phnom Penh and the prosecution of Mr. Chhun was unmistakable,” Callahan wrote. At the ribbon-cutting ceremony, FBI Director Robert Mueller noted that Cambodia would serve as an important country in the U.S. antiterrorism campaign because of its potential to be used as a transit point or base for terrorism.

“Mueller then noted that following the inauguration of the FBI office in Phnom Penh,” according to Callahan’s appeal, “the United States intended to make Yasith Chhun ‘face justice in the near future. … Before 9/11, Hun Sen was viewed by the United States government as a murderous despot.” After 9/11, he wrote, “the playing field changed; the rules changed, and the priorities changed. Hun Sen didn’t change; the world did.”

The U.S. attorney’s office has not yet completed its response. But those involved in investigating and prosecuting the case deny it was ever politicized.

Special Agent Shannon says he was serious about investigating the case from the start. Far from sealing Chhun’s fate, 9/11 only delayed it, he insists. After the attacks on the twin towers, his attention, like that of many in the bureau, turned to Al Qaeda.

“If it weren’t for Chhun, we would never have had to work on this together and we would never have gotten this colleague-type atmosphere with Cambodia,” Shannon says. “This case opened up doors into working drugs, working fugitives, working human trafficking, child-prostitution rings, and all that stuff, because those doors and those lines of communication were open. The momentum just kept going.”

Chhun is still in prison, outside Scranton, in northeastern Pennsylvania. He resides in cell 217 at the high-security United State Federal Penitentiary-Canaan, a sprawling complex surrounded by rolling green hills. He is allowed to watch television, read books, and email and call his family. He says he is “in hell, but stronger than I was outside.” None of his former CFF comrades have remained in contact: Many are scared that they, too, will be prosecuted. They will not speak about Chhun. Yet Chhun still has hope for the future. Ever the optimist, he believes his case will be overturned on appeal.

He finds solace in God and still draws lessons from American films, including Mel Gibson’s The Passion of the Christ, which follows the final hours of the Messiah’s life, ending with the resurrection. “When Christ was arrested and escorted to be crucified, his followers turned their backs on him,” Chhun said recently. “Part of the story is similar to mine.”

The Kalinka Affair

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The Kalinka Affair

A father’s hunt for his daughter’s killer.

By Joshua Hammer

The Atavist Magazine, No. 13


Joshua Hammer is a former Newsweek bureau chief and correspondent-at-large in Africa and the Middle East. He is the author of three nonfiction books: Chosen by God, A Season in Bethlehem, and Yokohama Burning. A contributing editor to Smithsonian and Outside magazines, his writing also appears in The New York Review of Books, The New Yorker, The Atlantic, The New York Times Magazine, National Geographic, and many other publications.

Editor: Alissa Quart
Producers: Olivia Koski and Gray Beltran
Copy Editor: Sean Cooper
Fact Checker: Sara Bernard

Published in March 2012. Design updated in 2021.

Chapter One

The abduction of Dr. Dieter Krombach began in the village of Scheidegg, in southern Germany. His three kidnappers punched him in the face, tied him up, gagged him, and threw him in the back of their car. They drove 150 miles, crossing the border into the Alsace region of France, with Krombach stretched out on the floor between the seats. The car stopped in the town of Mulhouse. An accomplice called the local police and stayed on the line just long enough to deliver a bizarre instruction: “Go to the rue de Tilleul, across from the customs office,” the anonymous caller said. “You’ll find a man tied up.” A few minutes later, two police cars arrived at the scene, their red and blue patrol lights illuminating the street. Behind an iron gate, in a dingy courtyard between two four-story buildings, Krombach lay on the ground. His hands and feet were bound and his mouth was gagged. He was roughed up but very much alive. When the police removed the covering from his mouth, the first thing he said was “Bamberski is behind it.”

The French septuagenarian André Bamberski to whom Krombach referred was, on the face of it, an unlikely kidnapper. Until 1982, he had been a mild-mannered accountant and the adoring father of a lively young girl, Kalinka. That year, Kalinka attended a French-language high school in the small German city of Freiburg, as a boarder, and spent most weekends and summers in nearby Lindau, with Bamberski’s ex-wife and her new husband, Dieter Krombach. On the cusp of 15, she was extroverted and pretty, with full lips and blond hair falling in bangs over her blue eyes. But she was also homesick: She barely spoke German, though she lived in Bavaria. She was looking forward to August, when she would move back in with her father in Pechbusque, a suburb of Toulouse.

On Friday, July 9, 1982, Kalinka Bamberski windsurfed on Lake Constance, the sweep of clear blue water edged by the Alps and shared by Germany, Austria, and Switzerland. At around five o’clock, she returned home, tired and, according to her stepfather and her mother, complaining that she felt unwell. The family sat down to dinner at 7:30. Kalinka went to bed early, rose to drink a glass of water at 10 p.m., and, according to her stepfather, read in her downstairs bedroom until midnight, when he asked her to turn off the light.

The following morning, sometime before 10, the 47-year-old Krombach, wearing equestrian clothes for his morning ride through the nearby mountains, came downstairs and attempted to wake his stepdaughter. He found her lying in bed, on her right side, dead—her body already becoming stiff with rigor mortis. Krombach would later tell medical examiners that he attempted to revive her with an injection, directly into her heart, of Coramin, a central-nervous-system stimulant, and doses of two other stimulants, Novodigal and Isoptin, in her legs. But he was hours too late. An autopsy would put the time of death at between 3 and 4 a.m.

At around 10:30 on Saturday morning, the telephone rang at André Bamberski’s home, three miles south of Toulouse, and his ex-wife delivered the news of his daughter’s death. The 45-year-old Bamberski sank into a chair, stunned. Kalinka had been a healthy, athletic teenager, with almost no history of medical trouble. How could it have happened? he demanded. His ex-wife, her voice jagged with sorrow, explained that Krombach had proposed two theories: Kalinka could have suffered heatstroke, caused by overexposure to the sun the previous day. Or she could have died from the long-delayed effects of a 1974 car accident in Morocco, in which she had sustained a concussion.

Bamberski was mystified and overwhelmed with grief. He flew to Zurich and rented a car at the airport. As he drove 50 miles east toward Lake Constance, the Alps silhouetted under a three-quarter moon, he continued to grapple with his daughter’s death. “I was devastated,” he recalls. “Kalinka was the joy of my life.” Bamberski checked into a hotel, and early Sunday morning he drove to the hospital to view Kalinka’s body, which lay in a refrigerated drawer in the morgue. Bamberski, a devout Catholic, said a prayer over his dead daughter, who was still clad in the white socks and red nightshirt she had worn to bed two nights earlier. Late that morning, he and his 11-year-old son, Nicolas, who was also living with his mother and stepfather, flew home to Toulouse to await the arrival of Kalinka’s body for burial.

For Bamberski, the shock and horror of Kalinka’s death were compounded by the mystery surrounding it. The notion that his vital, healthy daughter, after a day of ordinary activity, could be found dead in her bed was inexplicable. Though he was a deeply religious man and could find some consolation in his faith, he also felt that God alone could not help him make sense of his loss. Soon his suspicions turned toward the last person to see Kalinka alive: Dieter Krombach.

Bamberski could hardly have envisioned where those suspicions would lead. For the next three decades, he would pursue Krombach across Europe in a relentless attempt to establish responsibility for his daughter’s death. The campaign would leave Bamberski isolated and in legal jeopardy, with his judgment and even his sanity questioned. He would lose touch with friends, family, and colleagues. He would be accused of crossing moral and legal lines, of losing all perspective, of wading deep into groundless conspiracy theories. His one surviving child would find himself torn between his parents. By the end, even Bamberski’s own attorney, one of France’s most respected jurists, would declare himself unable to support his client in his campaign. Bamberski would leave his job, burn through much of his life savings, and devote thousands of hours to pursuing his quarry.

“It is not an obsession,” he would later insist. “It’s about a promise I made to Kalinka, to give her justice.”

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The Bamberskis, from left: Kalinka, André, Nicholas, and Danielle (Getty Images)

Chapter Two

In the weeks that followed Kalinka’s death, Bamberski harbored no suspicions of wrongdoing. The Krombachs attended Kalinka’s burial in the church cemetery in Pechbusque, and the couple had seemed as sad and shaken as he was.

As time passed, though, Bamberski started to question the facts surrounding his daughter’s death. In early October 1982, he finally received a translated copy of his daughter’s autopsy report. He learned from the report that a Dr. Höhmann, apparently a forensic physician in a nearby town, had carried out the procedure, joined by the police superintendent of Lindau, the local prosecutor, and, in an unusual breach of protocol, Krombach.

At first puzzled by the physician’s presence at his own stepdaughter’s autopsy, Bamberski was soon stunned by the report’s revelations—and its omissions. Höhmann had discovered blood on Kalinka’s vagina and a “viscous whitish-greenish substance” inside. Höhmann had also noted a fresh puncture mark on Kalinka’s right upper arm, caused by an intravenous injection of Kobalt-Ferrlecit, a controversial iron supplement. In the report, Krombach admitted giving her the injection before dinner on Friday evening, purportedly to help her tan. (Krombach would later change his story and say it had been to treat her anemia.) Höhmann hadn’t conducted toxicology tests on the blood or tissue, nor had the doctor determined whether Kalinka was a virgin. Instead, the report declared that the cause of death was “unknown,” and Höhmann sent tissue and blood samples to a forensics lab. “A definitive judgment” of the cause of death, Höhmann wrote, would have to wait until the scientists had a chance to examine the specimens.

After reading the report, now three months old, Bamberski was consumed with questions. What was Krombach doing at the autopsy? Why hadn’t he mentioned anything about the injection before? And what had the toxicology reports determined? Like any parent whose child has died far from home, Bamberski, it seemed, was tormented by a feeling of having failed his daughter, a sense that he had been unable to protect Kalinka. And it was perhaps that awareness that pushed him even harder to find answers to the questions surrounding her death. Bamberski’s suspicions deepened when he called his former wife and asked her about the tests. She promised she’d talk to Krombach and get back to him, but she didn’t. When Bamberski phoned again two days later, she told him that no tests had been conducted.

Bamberski was incredulous. “Kalinka died with you,” he said. “Your husband is a doctor. Now, three months later, neither of you are interested in the cause of her death?”

His ex-wife answered, according to Bamberski, “Kalinka died because it was her time to die.”

Bamberski disagreed. An alternate and far more sinister explanation for his daughter’s death had now taken hold in his mind: Krombach had raped Kalinka and then killed her with an injection, perhaps to silence her. Two forensic doctors whom he consulted in Toulouse agreed that his suspicions had merit. They pointed to the autopsy report’s references to her torn genitals and the presence of a fluid that resembled semen. “They never tested a 15-year-old girl to determine whether she’d had sexual intercourse?” Bamberski says the doctors told him. “It looks like they wanted to hide something.”

Friends also supported his conviction that something was terribly wrong. “He wanted somebody to tell him, ‘You’re not dreaming,’” says neighbor Elisabeth Aragon, who read the autopsy report that October. “And we had the same suspicions he had.”

Bowing to pressure from Bamberski’s attorneys, the local German prosecutor ordered more tests, and in February and March 1983, a forensic scientist at the Medical-Legal Institute of Munich, Wolfgang Spann, studied the tissue samples. The results cast the first official doubts on Krombach’s story and painted a far darker portrait of the physician than had previously been provided. Spann condemned Krombach for using a “dangerous” substance, one with no value for tan enhancement and one that, even used to treat anemia, should be given only in rare instances. He reported that Kobalt-Ferrlecit—if administered without close supervision, especially after eating—could lead to nausea, fever, vomiting, and, in extreme cases, respiratory failure or cardiac arrest. The presence of food particles in Kalinka’s lungs and esophagus, he wrote, suggested that that was exactly what had happened: After receiving the injection, she had gone into anaphylactic shock, lost consciousness, and asphyxiated on her vomit. Spann determined that Krombach had misled authorities about the time that passed between the injection and Kalinka’s death; the absence of any evidence of an immune response in the surrounding tissue indicated that her demise had been “almost immediate.”

Spann was inconclusive about rape: Under Spann’s questioning, Höhmann, who conducted the first autopsy, had maintained that the tear in Kalinka’s labia had occurred postmortem and that her hymen was not ruptured, which Höhmann believed indicated that she was still a virgin. Still, Höhmann conceded that the “hymen was large enough” that penetration could have taken place.

On the ultimate matter of Kalinka’s death, however, another expert, a professor of pharmacology named Peter S. Schonhofer, was quoted in a French court document, concluding that “the intravenous injection of Kobalt-Ferrlecit had probably led to the death of Kalinka Bamberski.”

That, however, was not enough evidence for the local prosecutor. Without a statement of scientific certainty, he closed the criminal investigation into Kalinka Bamberski’s death. Days later, the prosecutor general of Munich, the highest-ranking government attorney in the state of Bavaria, backed his subordinate’s decision. The officials never explained why, given the evidence of wrongdoing or negligent homicide, they didn’t investigate Dieter Krombach further. In fact, their actions hardly marked the first time that the doctor had escaped scrutiny: It would later be learned that the emergency physician who had pronounced Kalinka dead in her bed had never summoned police to the scene, bowing to Krombach’s insistence that the body be delivered directly to the morgue. Deference to Krombach’s professional stature in Lindau, a heavy workload, the ambiguities of chemical analysis—any or all of these could help explain the extraordinary lapses in judgment. Whatever the cause, Krombach would never again face a legal inquiry in Germany for the death of Kalinka Bamberski. In 1983, the judicial process stopped in its tracks.

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Kalinka Bamberski (left) with Dieter Krombach (Getty Images)

Chapter Three

Krombach and Bamberski had, in many ways, led parallel lives. Both had grown up in a Europe ravaged by World War II, and both had witnessed the horrors of the conflict firsthand. Krombach, born in 1935 in Dresden, was the son of a Wehrmacht officer; when he was 9 years old, he survived the Allied firebombing that killed at least 30,000 civilians, the subject of Kurt Vonnegut’s Slaughterhouse-Five. Bamberski, born in 1937, was the son of Polish Catholics who had emigrated to France in the early 1930s. He was living with his grandparents, in the Polish region of Galicia, in September 1939 when the Nazis invaded Poland. There he witnessed starvation, street fighting, and executions by the Nazi SS. In 1945, in Lille, he was reunited with his parents by the International Committee of the Red Cross. The horror of his experiences under German occupation no doubt contributed to his assumption, voiced at times during his pursuit of Krombach, that some vestiges of Nazism—corruption, inhumanity, imperious hostility to the outside world—still infected the country’s politics and judicial system.

Bamberski became a chartered accountant. Krombach became a doctor of internal medicine. Both built lives of bourgeois propriety, affluence, and apparent domestic harmony; both married and had children in the 1960s. And in 1974, both found themselves living on the same street in the Moroccan city of Casablanca—Krombach as a physician attached to the German Consulate, Bamberski as an accountant. Their children attended the same international school. And it was there, in that sunbaked North African city, that Dieter Krombach began an affair with Danielle Gonnin, Bamberski’s wife, an attractive thirtysomething daughter of French expatriates who had settled in Morocco in the 1950s.

As Bamberski tells the story, he was unaware of his wife’s infidelities when the family left Morocco in 1974 and settled in Pechbusque, not far from where Danielle had grown up. Krombach had also left Morocco and relocated to Bavaria. Then, in 1975, Danielle abruptly informed her husband that she had found a position in a real estate office in Nice, 350 miles to the east. She said she planned to rent an apartment there during the week and return home on weekends. She refused to give him the name or telephone number of the firm. Suspicious, Bamberski followed her one Sunday evening and watched as, instead of driving toward Nice, she parked her car in the garage of an apartment building in Toulouse. She remained there through the week. When he asked the concierge about her, the man replied, “Oh yes, that woman is Madame Krombach.”

The Bamberskis quickly divorced. Danielle joined Krombach in Bavaria in 1975, and they married in 1977. She initially ceded custody rights to Bamberski, and the children remained with him in France. But in July 1980, Bamberski, a single father yearning again for the ease of the expatriate life, decided to return with the children to Morocco. He insists that the move to Africa was within his legal rights, but it would have painful, and fateful, consequences. Days after he left France, Danielle filed a complaint against him in a Toulouse court, demanding custody. Bamberski was advised by his attorney not to challenge the motion: His ex-wife’s civil case included an accusation of “non-presentation of children.” Resigned to surrendering custody, he settled again in Pechbusque. In July 1980, two years before Kalinka died, the two children joined their mother and Krombach in Lindau. Bamberski agreed to see his children only during vacations.

Bamberski might have been more determined to challenge his wife in court had he known about Dieter Krombach’s darker side. It had apparently revealed itself as early as the 1960s, during his marriage to his first wife, Monika Hentze. She died suddenly at age 24. A statement given years later to German police by her mother alleged that Krombach, then a promising young doctor of internal medicine who had graduated with honors from the University of Frankfurt, had terrorized his wife, beaten her, and threatened to kill her. In 1969, Hentze was stricken with a mysterious illness that rendered her mute and blind and then paralyzed her. According to her mother’s account, Krombach elbowed aside the tending physician at a Frankfurt hospital and administered an injection of what he identified as “snake venom.” Hentze died hours later of a cerebral hemorrhage. No definitive connection was ever made between the injection and Krombach’s wife’s death—it was officially attributed to a thrombosis of the basilar artery, which supplies blood to the brain—but there’s no doubt that Krombach would later put his expertise with pharmacological substances, and hypodermic needles, to sinister ends.

In the 1980s, as he would later admit, the doctor repeatedly drugged Danielle with sedatives so that he could carry on affairs downstairs while she slept in her second-floor bedroom. And for more than a decade, he administered intravenous anesthetics to a series of women in his medical examination room, where he raped them as they lay unconscious. Indeed, Krombach’s abuse of his medical expertise to criminal—and perhaps lethal—ends would inspire lawyers hoping to try Krombach in France to compare his case to that of Nazi Klaus Barbie, known as the Butcher of Lyon. The analogy, however extreme, was reinforced by the impunity that Krombach would enjoy for decades in his home country.

Chapter Four

It was just over a year after Kalinka’s death that Bamberski decided to strike back against the man he believed killed his daughter. He traveled to Lindau during Oktoberfest and walked through town passing out fliers from a satchel. They bore a photo of Kalinka and a warning: “People of Lindau! You should know that a murderer, Dieter Krombach, is living in your city. He raped and murdered my daughter on July 10, 1982, and his crime has been covered up by doctors, the police commissioner, and the prosecutors. Please help me obtain justice!” He walked the lakeside promenade and the jewel-like medieval town center, distributing 2,000 copies at homes, biergartens, and outdoor cafés full of lieder-singing, pilsner-swigging celebrants.

Late that afternoon, Bamberski was accosted by Boris Krombach, Dieter Krombach’s 17-year-old son, and Diana Krombach, his 19-year-old daughter, accompanied by two policemen. The police arrested Bamberski, interrogated him, and charged him with defaming Krombach, disturbing the public order, and injuring the reputation of the prosecutor. After 24 hours in police custody, he was ordered to turn over all the cash in his possession—about 2,000 Deutsche marks, or $1,000—as bond. Three months later, Bamberski was sentenced in absentia to six months in prison or a fine of 400,000 Deutsche marks, an onerous penalty that would make it impossible for him to set foot in Germany again until the statute of limitations ran out five years later.

Even as German authorities prosecuted him instead of the man he believed was his daughter’s killer, Bamberski had other circuits to justice. Because Kalinka had been a French citizen, French authorities could launch their own murder investigation on German soil and, if the evidence was deemed sufficient, issue an international warrant for Krombach’s arrest. In 1985, after two years of prodding by Bamberski, French authorities exhumed Kalinka’s remains from her Pechbusque grave. The disinterment failed to provide new clues to her death, but it did reveal one disturbing fact that cast further doubt on the German investigation: Her private parts had been removed completely during the autopsy, and neither of the German forensics labs that had handled the remains could turn up a trace of them. The question of whether Krombach had raped Kalinka before her death could therefore never be determined with certainty.

The disappearance fed Bamberski’s suspicions of a conspiracy to protect Krombach. It seemed odd that an obscure physician in a Bavarian town would receive special treatment by the government, but perhaps, Bamberski thought, Krombach had established connections during his two years at the German Consulate in Casablanca; perhaps he had worked in German intelligence. German authorities have always denied that Krombach was protected, and no evidence has ever been found to suggest that he was. What seems more likely is that sloppy forensic work, bureaucratic inertia, and, at some level, a desire to close ranks against foreign interference in a domestic matter had caused the Germans to resist pursuing the case.

In 1988, German authorities complied with a request from French prosecutors and sent lung, heart, skin, and other tissue samples taken from Kalinka’s body to be analyzed at the Institute of Legal Medicine in Paris. Cut into thin slices and preserved in paraffin and chloroform since her death, the material—minus test tubes filled with her blood, which Spann had inexplicably discarded—led three French pathologists to a near certain conclusion. While the available evidence did not permit knowledge of “the exact causes of Kalinka’s death,” they wrote, she had died in a “brutal” manner. “The regurgitation of food particles into the respiratory tract testifies to a profound coma that would have led to a state of fatal respiratory distress.” Asphyxiation and death would have occurred “almost instantaneously” after she received the injection in her right arm. The lack of blood samples made it impossible to find a “definitive link” between the intravenous substance and her death. Unlike in Germany, however, the findings were enough to persuade the French judiciary of Krombach’s culpability.

On April 8, 1993, the prosecutor general charged Krombach with “voluntary homicide,” punishable by up to 30 years in prison. “The elements taken together lead to the conclusion that Dieter Krombach [gave Kalinka Bamberski] a mortal injection,” the indictment declared, “not with a curative purpose, but with the intention of killing her.” The prosecutor asked German authorities to arrest him; they refused. So on March 9, 1995—in what was only a symbolic victory for Bamberski—Krombach was convicted of murder in absentia at the Cour d’Assises in Paris and sentenced to 15 years in prison.

If Krombach was upset by the French verdict, he showed little evidence of it. Indeed, he had no reason to be. Judicial authorities in Bavaria and Berlin signaled that they considered the case against him closed and the French trial in absentia illegal. Still residing by Lake Constance and working as a doctor of internal medicine with a thriving practice, Krombach continued to lead a socially and physically active life; he was a member of an equestrian club, and he kept a sailboat in Lindau’s yacht club.

By his own later admission, he also kept a series of mistresses and audaciously carried on affairs in his own home. In 1989, he and Danielle had divorced  and she returned to live in Toulouse, still proclaiming Krombach’s innocence. A little more than two years later, Krombach married his fourth wife, Elke Fröhlich, who was, like his three previous spouses, a decade younger than him. They divorced soon afterward because of Krombach’s infidelities.

The refusal of the German government to extradite Krombach, meanwhile, seemed rooted in any number of motives. Opposition to extraditing a German national for trial abroad had been enshrined in the postwar German constitution, though a legal exception could be made “in the case of extradition to a member of the European Union, or to an International Court, as long as the legal principles of the [German] state are guaranteed.” Repeatedly, however, prosecutors and judges, and ultimately the Minister of Justice in Berlin, fell back on the same justifications for why turning Krombach over for prosecution in France would violate those principles: The forensic examinations were inconclusive, Krombach’s account of Kalinka’s death seemed plausible, and Kalinka’s own mother had strongly maintained her husband’s innocence. German authorities continued to express great confidence in the local prosecutor who had closed the books on the case in 1983.

Bamberski’s zealotry and all of the public accusations of malfeasance and conspiracy may also have hardened the Germans against reopening the case. And perhaps the intransigence reflected the long-simmering rivalry and unresolved bitterness between the governments of Germany and France. Though Europe at the time was integrating rapidly—dissolving physical boundaries, unifying currency—the Krombach-Kalinka affair starkly demonstrated that judicial systems remained independent, even adversarial.

In April 1990, the state prosecutor in Munich again found no reason to reopen the investigation. The German government would maintain for years after Krombach’s in absentia conviction that, because its prosecutor had closed the case, the doctor could not be extradited to France. At the same time, the knowledge that he was safe inside Germany appeared to embolden Krombach. But perhaps it was simpler: He was unable to restrain the dark impulses that lay within him.

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Dieter Krombach (Getty Images)

Chapter Five

On the afternoon of February 11, 1997, a 16-year-old girl named Laura Stehle visited Krombach’s clinic in Lindau for an endoscopic examination. His assistant was at lunch, and Krombach, the patient later recounted, ushered the girl into his examination room. The probe was likely to be painful, he told her before administering, with her consent, an intravenous anesthetic that knocked her out. “When I awoke, he was on top of me, totally naked,” she would later recount to a French television station. “I was shocked. I tried to move. I was completely paralyzed.” Krombach, apparently believing that she would remain silent, dropped her in front of her home. But Stehle went to her parents, who reported the attack. That evening, Bamberski received a phone call from a reporter in Lindau who told him that Krombach was in jail. “Finally, I thought that he’d been arrested for the Kalinka affair,” he told me. “But she said, ‘No, no, he raped a woman in his clinic.’”

Six months later, swayed by the victim’s vivid testimony and by lab tests on the semen taken from her body immediately following the attack, the German judge convicted Krombach of raping a minor, ordered him to surrender his medical license, and sentenced him to two years in prison. Then, citing Krombach’s lack of a criminal record in Germany and his prestige in the community, the judge suspended the sentence and set him free. Following the verdict, outraged protestors gathered in front of the courthouse, including six women who claimed they had been raped by Krombach. All had kept quiet until now, they said—either because of Krombach’s stature in Lindau or because the anesthetic had fogged their memories.

Krombach shrugged off the accusations. In an interview with a French radio reporter, he blamed the victim. “The girl wanted to sleep with me.… She started taking off her clothes.… It was all over in five minutes.” He ridiculed Bamberski, who—the statute of limitations on his own German charges having expired—attended the trial and provoked an emotional confrontation in the courtroom. “This man is crazy,” Krombach said. “It’s ridiculous for Bamberski to think that I made love to his daughter. I didn’t need to. I was married; I was happy with Kalinka’s mother.”

Two years later, with Krombach free and the judicial processes against him at an apparent impasse in both Germany and France, André Bamberski returned to Germany. He drove slowly through the streets of a small German village near Lake Constance, a few miles from the Austrian border, to the house where Krombach now lived. Then, taking a deep breath, he knocked on Krombach’s door and confronted him face-to-face.

“Bamberski,” Krombach said, staring.

“Krombach, I will always try to bring you back to France to be judged,” he said. “I will not stop.”

“You’re crazy. You’re just out for vengeance,” the doctor replied.

“No, you raped her. I know what you did,” said Bamberski.

“Good. I’ll call the police, we’ll see.” Then Krombach closed the door in his face.

Chapter Six

By 1999, Bamberski had quit his job to devote himself full-time to the pursuit and capture of Dieter Krombach. Dismayed by the verdict, angered by the intransigence of German authorities and the lack of urgency in the French government, “he felt that he was being blocked at every turn,” says one of his friends. Yet, Bamberski clung to one hope: that police would seize Krombach during one of the frequent trips he made across the German border to Austria and Switzerland, then extradite him to France. To that end, he visited Austrian and Swiss gendarmeries, police commissariats, and customs posts, handing out photos of Krombach and files of newspaper clippings and judicial warrants. At times he would be treated rudely, brushed off, he told me, “like a lunatic.” Just as often, the police received him politely, listened, and agreed to keep the photos and study the dossiers.

Once, Krombach’s recklessness—and Bamberski’s persistence—nearly led to the doctor’s capture. In 2000, a policeman on a train in western Austria recognized him from a photo Bamberski had distributed and placed him under arrest. Krombach spent three weeks in jail before an Austrian judge accepted his attorney’s argument that the trial in France had been illegal and ordered him released. Months later, in early 2001, the European Court of Human Rights, in Strasbourg, France, ruled that the country’s in absentia trials were “inequitable” because the accused had no opportunity to present his defense. The court voided the verdict against Krombach and ordered the government to pay him 100,000 French francs, or $20,000.

Adding to Bamberski’s frustration was his sense that Krombach was becoming harder to track. His reputation in Lindau in ruins, his medical certificate confiscated, his fourth wife having abandoned him, in 1999 the doctor embarked upon a nomadic life. He seemed to change homes every six months. Bamberski hired private detectives, built a network of connections around Lake Constance, and followed Krombach himself, carefully documenting each change of address. Many of Krombach’s movements, however, remained obscure. He would frequently disappear during the week and return home on weekends; neither Bamberski nor his detectives could figure out where he’d been.

During much of this period, Bamberski’s own life in some ways mirrored Krombach’s. He felt intensely alone, deserted by people close to him, sometimes on the verge of defeat, and treading on the margins of legality. “All my friends and family, including my father, told me to quit it at this point,” he told me. “They said, ‘You’re not going to achieve anything.’ But I’m a Slav, you see, and the Slavs are very emotional. I cried all the time when I thought about Kalinka. It was a question for me of moral duty. That was the most important thing: to get the truth.”

Bamberski spent weeks on the road pursuing Krombach. During his time at home, he manned a website dedicated to the case and sent hundreds of letters to French senators, judges, prosecutors, and other officials. He had only two sources of moral support during this period: his companion of two decades (who, as Bamberski himself notes with a half-smile, has the same name as his former wife, Danielle) and the Association for Justice for Kalinka, a group formed in 2001 by Bamberski’s neighbors, professors Elisabeth and Yves Aragon, along with Elisabeth’s brother, a Toulouse chemistry professor. The association grew to include nearly 1,000 members, including homemakers, teachers, engineers, doctors, and attorneys. Some had known Bamberski personally; others were strangers who’d read newspaper accounts or seen TV-news reports about the case and felt so outraged by Krombach’s seeming impunity that they offered support. Most of them lived in the Toulouse area, although in time the group’s makeup became more international. Association members developed great loyalty to Bamberski.

“André is an extremely passionate figure, and a romantic,” says the group’s secretary. “He cries about the simplest things, like the sight of a bird sitting in the snow. At the same time, he has a certain stubbornness and a sense of pragmatism. If one solution doesn’t work, he tries another and another. He refuses to be discouraged.”

In fact, Bamberski was so unrelenting in his quest that he eventually launched an audacious campaign intended to embarrass France’s highest authorities into taking action. The campaign consisted of a barrage of complaints filed in court against the country’s leading magistrates and the Minister of Justice, accusing them of corruption in blocking the pursuit of Krombach. Francois Gibault, one of France’s most esteemed jurists and Bamberski’s attorney since 1986, told me that he declined to represent Bamberski on the matter because of the awkwardness of the situation. “I knew a lot of these judges,” he says. “I didn’t want to get involved.”

Still, despite the rashness of Bamberski’s actions, and the lack of any tangible results, Gibault believed that Bamberski’s instincts about a cover-up could well be correct. “It is certain that there were political contacts between France and Germany at a high level” over the Krombach case, he says, though he declined to speculate on what could have motivated the two countries to protect such an obscure figure. Although Bamberski alienated some of France’s highest officials with his allegations, Gibault says that he never let his anger distract him from his ultimate goal or drive him to take shortcuts. “He never lost his head,” the jurist told me. “It would have been far easier for him to kill Krombach, but Bamberski’s aim all along was to bring him to justice.”

Chapter Seven

In early 2006, an important piece of the puzzle about Krombach’s movements fell into place. A woman in Rödental, in central-eastern Germany, went for a routine examination at the clinic of her regular physician, only to learn that he had hanged himself that February. The woman was treated by his temporary replacement, whose odd behavior and unusual backstory made her suspicious. That evening, while looking up the man’s name—Dieter Krombach—on the Internet, she came across a German documentary about the death of Kalinka Bamberski and Krombach’s subsequent rape conviction in Germany. She quickly notified Rödental’s police that Krombach was working at the clinic. Meanwhile, Krombach, apparently suspecting that something was amiss, had already disappeared. The woman then tracked down Bamberski on the Web and reported to him what had happened. Bamberski told her that, through his own research, he knew that Krombach was living in a small apartment in a private home in Scheidegg. The woman passed on the information to the police, and Krombach was located and arrested for practicing medicine without a license.

Between 2001 and 2006, a police investigation later revealed, Krombach had secretly found employment for periods of weeks or months as a substitute physician at 28 different clinics and hospitals across Germany. Having surrendered his medical certificate following his 1997 rape conviction, he would present a photocopy and claim that the original had been stolen. Until he was identified in Rödental, none of his employers or patients had bothered to check his background.

Two psychiatrists examined Krombach at the University of Munich’s hospital before his trial for fraud and practicing medicine without a license. The subject, they wrote, was a chronic liar, a sexual predator, and a narcissist with delusions of grandeur and a belief that he was “outside the law.” He admitted to having a series of “fugitive” liaisons during his marriages, including, most recently, a sexual encounter with the 16-year-old niece of his cleaning lady, whom he had drugged with Valium and another sedative. He showed indications of “repression and denial,” “minimization of his own weaknesses,” “dodging conflicts,” and “the embellishment of his own reality.” Krombach was also a “compulsive” who had serially molested patients and coworkers; if left without supervision in a clinic or other medical environment, he would do it again. After a two-day trial, Krombach was found guilty and sentenced to two years and four months in prison. For Bamberski, who attended this trial as well, it was only a partial and temporary victory.

In June 2008, after spending 18 months behind bars, Krombach returned to the German town of Scheidegg, just inside the Austrian border. Bamberski reactivated his intelligence network in the area, determined not to let Krombach out of his sight. Sixteen months later, in October 2009, Bamberski heard from his sources that Krombach had begun working again as a substitute physician. It was, he later told me, a sign of the man’s utter lack of contrition—or perhaps his desperation.

That month, Bamberski traveled to the town of Bregenz, Austria, which sits on a scenic plateau on the southern shore of Lake Constance, sandwiched between the slopes of Mount Pfänder and fertile terraces that fall off precipitously to the lakeshore. Like many of the towns that line the lake, this resort on Austria’s western extremity was rich in history, with town walls originating in the 14th century, a Gothic tower called the Martinsturm, and the Church of St. Gall, whose Romanesque foundations were built around 1380. It was a 10-minute drive to Germany and just a few minutes farther to the village of Scheidegg, and thus a perfect outpost for Bamberski to keep an eye on his mark.

Checking into the Ibis Hotel near the lake, he drove across the border to Scheidegg in search of information, hoping at least to land Krombach back in prison. Bamberski couldn’t verify how Krombach was supporting himself, but he discovered something else: Krombach’s landlord had put the house up for sale, and Krombach was to vacate before the end of October. Neighbors had heard that he had accepted a job in West Africa and was preparing to leave. With each move, Krombach had become harder to track, Bamberski told me. If Krombach left Scheidegg for Africa, Bamberski might lose him forever.

Chapter Eight

In early October, the phone rang in Bamberski’s hotel room, and a man who identified himself only as Anton said he had a proposition.

“I’d like to see you … about Kalinka,” the man told Bamberski in English. He went on, “I can help you move him. I can be involved in transporting him to France.”

In Bregenz, Bamberski had raised the possibility of kidnapping Krombach with an Austrian private detective, who declined to help, and talked openly about the scenario with waiters in local restaurants, members of the hotel staff, and others. Anton, he figured, must have gotten word of this from one of his acquaintances.

They met the next afternoon, in fine weather, and talked discreetly on a bench in a public park. Bamberski—though he takes pains not to minimize his role in plotting the crime—stresses that the proposal to abduct Krombach came from Anton, a Kosovar immigrant in his thirties with longish hair and an open, friendly manner. Anton asked for only 20,000 euros, to cover “expenses,” according to Bamberski, explaining, “I’m doing it for humanitarian reasons.” Days later, the pair took a scouting trip to Scheidegg. They parked across the street from Krombach’s apartment, and Bamberski pointed out the terrace where the ex-doctor did his morning calisthenics. Anton advised Bamberski to return to France and await a phone call.

One week later, at 10 p.m. on October 17, Bamberski received a call at home from a woman, presumably an accomplice, who spoke French with a heavy German accent. “Be prepared to go to Mulhouse,” she said, referring to a large town in France’s Alsace region, just across the German border. Five hours later, the same woman called back. “Krombach is in Mulhouse,” she said. “He is at rue du Tilleul, across from customs. Warn the police.”

Bamberski called and reached the night-duty officer in Mulhouse.

“I am Bamberski,” he said. “I had a daughter, Kalinka, who was raped and murdered by Krombach, and there is an international warrant out for his arrest. Please go find him on the rue du Tilleul.”

The policeman replied that a woman with a German accent had called him just a few minutes earlier and given him the same information.

Twenty minutes later, at 4 a.m., the officer called him back.

“We found him,” he said. “And he’s in bad shape.”

Immediately after Krombach told the police his story, Mulhouse police placed Bamberski under arrest and interrogated him for two days and nights. “I never wanted to lie,” Bamberski says. “I said, ‘I’m delighted to find out that Krombach is here, but I didn’t initiate it.’”

“Do you know Anton Krasniqi?” he was asked.

“I know an Anton, but Krasniqi, no, that’s the first time I’ve heard that name.” Police had been summoned to the scene of the kidnapping in Scheidegg by a neighbor, who had noticed a pair of broken eyeglasses, shoes, and blood on the street. Nearby they had recovered a phone bill with Krasniqi’s name on it.

Police that day retrieved 19,000 euros in cash from Bamberski’s hotel-room safe—cash that Bamberski had agreed to pay Anton Krasniqi. Krombach’s attorneys demanded that their client be released from custody and returned to his home in Germany. But French authorities reinstated the charges against him and ordered him remanded to prison in Paris to await trial for the murder of Bamberski’s only daughter, Kalinka Bamberski.

Bamberski père, in trying to bring Krombach to justice, had accomplished his goal of nearly three decades. Yet he had also crossed ethical lines, driven by his desperation and obsession. Now both their fates would be left to the legal system Bamberski had wrestled with for 30 years.

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André Bamberski (AFP/Getty Images)

Chapter Nine

Constructed in the 1860s on the site of the former royal palace of Saint Louis, the Palais de Justice on the Ile de la Cité is one of Paris’s most elegant buildings. Its architects designed it in the Second Empire style, with a white marble facade, a gray mansard roof, two turrets, and exterior sculptures, all framed by a gate adorned with an elaborate gold seal. Contained within the walls is the Conciergerie, a former prison where Marie Antoinette was held before her execution by guillotine.

On the morning of October 4, 2011, Dieter Krombach, frail but still handsome at 76, was transported from a prison hospital to a large, high-ceilinged courtroom inside the Palais and led by gendarmes into a box of bulletproof glass. Krombach’s murder trial had begun at the end of March. “Can we take vengeance ourselves?” defense lawyer Yves Levano had asked the victim’s father in the courtroom that month. “Dieter Krombach was attacked, beaten, attached to a fence in a state of hypothermia.” The trial had been adjourned after a week, however, because of the defendant’s ill health. Krombach had suffered from hypertension and heart ailments for several years. Now, after medical tests that autumn found Krombach to be in reasonably good health, the president of the Cour d’Assises, Xavière Simeoni, had ordered him to assume his place again in the dock.

Seated at the front of the courtroom on an elevated bench were three black-robed magistrates, including the president of the court. They were joined by a nine-member jury, situated to the judges’ right. The prosecutor, Krombach’s German and French attorneys, and the court stenographer also sat toward the front. André Bamberski, a civil plaintiff in the case (under French law, this allowed him to question witnesses), watched from the first row of the gallery, joined by his son, Nicolas, his Paris-based attorney, Gibault, and a lawyer from Toulouse, Laurent de Caunes. Separated from Bamberski by an aisle was his former wife, Danielle Gonnin, who had been called upon to testify by the prosecution.

In the front row were Krombach’s two children from his first marriage, Diana and Boris. Katya, 19, Krombach’s daughter from his fourth marriage, to Elke Fröhlich, was also there in support of her father. About 60 members of the public had come to watch the trial. Dozens of members of the press, mostly from French and German newspapers, filled the balcony. (Cameras were not permitted.) Gendarmes lined both walls. A firefighter trained in emergency care stood beside the defendant’s booth, ready to administer medical aid to Krombach.

For the next 15 days, Krombach’s trial proceeded at a stately, often tedious pace, interrupted by moments of high drama and emotion. Krombach’s lawyers argued that the trial was illegitimate, since German prosecutors had already dismissed the case and Krombach had been brought to France by an illegal abduction. But the court declared that Krombach had never been properly tried in Germany and that the “private action” of an individual could not impede an act of the state. The court heard testimony from the French and German toxicologists and pharmacologists who had examined Kalinka’s tissue samples, the doctors who had conducted the 1995 exhumation of her remains, and five French medical professors who had carried out a complementary forensic examination in 2010.

In that pretrial appraisal, the medical professors had determined that the injury to Kalinka’s labia could only have happened while she was alive, overruling the autopsy doctor’s finding that it was a postmortem tear. They also declared that the fluid in her vagina could only have been semen. The violence against her, they determined, was “sexual.” In addition, analyses of Kalinka’s lung and heart tissue, using methods that did not exist in the 1980s, revealed the presence of benzodiazepine, a powerful anesthetic—conclusive evidence, they said, that Kalinka had been drugged the night of her death. Three German victims of Krombach described how they had been anesthetized and raped. A psychiatrist who had examined Krombach in prison portrayed him as a classic narcissist driven by the desire to influence others through “charm or chemical means.” Incapable of empathy or self-criticism, the psychiatrist testified, Krombach blamed others and denied his crimes, rearranging the facts to suit his self-image.

The court heard from family members, as well. Boris Krombach swore that his father was innocent and insisted he would never have laid a finger on Kalinka. André Bamberski’s despair, he said, “transformed itself into hatred.” Danielle Gonnin, on the other hand, seemed a changed woman—drawn, grim, and shattered. The court had already heard dramatic testimony that March, in another courtroom in the same Palais de Justice, during which she backed away from her previous defenses of Krombach. She described him as “a seducer” with an irresistible will. “If he decided he wanted something, nothing could stop him,” she testified. “He chose me because I was married, which represented an additional challenge for him.” He was especially attracted to girls in their early teens, she claimed. She called the attraction “the lure of the forbidden.”

During her October testimony, Gonnin recalled waking up around nine o’clock, far later than usual, on the morning Kalinka was found dead. She said that she suspected Krombach had slipped her sedatives the night before. During a 2010 judicial inquiry, Gonnin had learned that Krombach had often put her to sleep with sedatives so that he could entertain his mistresses in their Lindau home.

Addressing Krombach, she said that the forensic report was no longer enough for her. For 29 years she had asked no questions. Now, she said, “I want to know the whole truth.” Later on in the trial, Nicolas Bamberski, who had kept his feelings suppressed for decades, tried to express his family’s sense of betrayal. “How could you be satisfied with an unexplained death and have never tried to figure out what happened?” he asked Krombach. “I never saw you make any effort to find an explanation.”

For the elder Bamberski, the answer to his son’s question was awful and simple: Friday night, after the rest of the family went to sleep, Krombach encountered Kalinka in the kitchen, slipped her a sedative, raped her, and then executed her with a lethal injection of Kobalt-Ferrlecit. The motivation for the crime? “He killed her because he lost his head,” Bamberski told me. “He thought about the consequences that were in store and he got scared.” Acknowledging that the scenario didn’t fit Krombach’s usual pattern of drugging and raping patients he barely knew, Bamberski suggested that the doctor was motivated by a desire for control over women, and that he had been driven to act against his own stepdaughter because time was running short. “Kalinka had asked to move back to Toulouse, and to no longer stay with Krombach. She was about to escape from him: That could have been a motive. But one will never know. One can never know.”

The trial concluded at three in the afternoon on Saturday, October 22. It ended with a statement from Krombach: “I swear before the court and before Madame Gonnin that I never harmed Kalinka.” Then the three magistrates and nine jurors filed into a secluded chamber to deliberate. Bamberski passed the hours in a café across the street. At seven o’clock, the police summoned him to the courtroom. Krombach stood and faced the magistrates’ bench. His face betrayed no emotion when the president pronounced the verdict: guilty of “voluntary violence leading to unintentional death, with aggravated circumstances.” The crime was punishable by 30 years in prison; Krombach received a 15-year sentence.

Bamberski hugged his longtime companion, who had sustained him during his decades-long campaign, his eyes welling with tears. His insistence all along that Krombach had murdered Kalinka to silence her had been rejected by the court, and there was no mention of sexual violence in the verdict. But he was satisfied that Krombach had been exposed as “a sexual pervert” and that, barring legal manipulations, he would almost certainly die behind bars.

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André and Kalinka Bamberski (Getty Images)

Chapter Ten

On a Friday afternoon in mid-January 2012, Bamberski and I met at his home in Pechbusque, near the bucolic cemetery where Kalinka is buried. I was buzzed through the front gate, and I briefly encountered his companion, Danielle, in the driveway. She nodded at me, uttering a brisk “Bonjour,” then ducked into her car and drove off. “She doesn’t like journalists,” Bamberski told me at the door. “She doesn’t believe that our private matters should be made public.”

Bamberski led me inside and sat in his easy chair. The living room was framed by sliding glass doors that connected to a tiled wraparound terrace, which in January was still decorated with a Christmas tree covered in gold ornaments. A winter fog rolled over the Garonne Valley during the night, and the steep wooded slopes just below the house were shrouded in gray mist. Bamberski, now 74, looked youthful for his age, with a stocky build and a nearly unlined, ruddy face framed by a shock of white hair. Yet his voice, clear and mellifluous, betrayed a slight quaver. There was a tremor in his movements when he talked about the death of his daughter and the decades of obsession that followed.

We talked for a while about what had happened since the murder trial. Bamberski told me that he felt “like a great weight had been lifted,” an observation shared by close friends. (“He has been liberated from a duty,” says Elisabeth Aragon, his neighbor. “He’s changed since the trial. He’s more relaxed: He’s playing golf. But he’s still vigilant.”)

Bamberski continues to keep a close eye on Krombach: He maintains an office in the back of his home brimming over with 30 years’ worth of folders, articles, letters, trial transcripts, forensic reports, police dossiers, psychiatric evaluations, and other documents. He knows that his daughter’s killer receives a handful of regular visitors, among them Krombach’s daughter, Katya, and a representative from the German Embassy in Paris. He understands that Krombach has made at least “15 petitions” to be released from prison and that each one has been rejected. The German’s lawyers filed an application for an appeal, and a retrial is set to commence on November 26, 2012. Bamberski’s biggest fear is that he will make a successful plea to serve the remainder of his sentence in a German prison. If that should happen, he has no doubt, he says, that “the Germans will set him free.”

After his arrest in Mulhouse on suspicion of kidnapping, Bamberski was released on bail but placed under judicial control. He surrendered his passport and is now prohibited from leaving France. German prosecutors have filed an international arrest warrant against him—putting him into the same legal jeopardy that Krombach faced for a decade. (Krasniqi, who allegedly engineered the abduction, is currently living under judicial control in Mulhouse.) An investigation, begun in October 2009, is progressing, and the findings will soon pass either to the local court in Mulhouse or go to the Cour d’Assises in Paris.

According to his attorney in Toulouse, Bamberski will almost certainly be tried for conspiracy and kidnapping, and he could wind up in jail for up to 10 years. Yet Gibault believes that the strong support shown for Bamberski by the French public could result in a lesser sentence. “The war that he fought, for honor, for the memory of his daughter, was a very noble combat,” Gibault told me. One member of the Association for Justice for Kalinka says that she and others in the group believe it likely that Bamberski will receive a suspended sentence and a tongue lashing. “The judge will see it as a case of conscience. I cannot imagine he will go to jail,” she says.

Bamberski, however, said that he’s willing to accept time in prison as the cost of delivering Krombach to trial. “I don’t regret” the kidnapping, he admitted. “Something had to be done. You know the expression? I made the omelet, but it was also necessary to break the eggs.”

I asked if he would take me to see Kalinka’s grave, but he begged off. “I had a difficult night last night,” he told me, suggesting that our seven-hour recapitulation of the case the day before had stirred up long-buried emotions. “Je m’excuse, but I can’t go there today.”

He generally visits the grave several times a month, but the one visit that is planted most firmly in his mind took place just after Krombach was convicted of her death. Placing flowers on the simple granite slab in the rustic cemetery behind the Pechbusque Catholic Church, Bamberski bent down and spoke a few words to his daughter, dead now for nearly 30 years. “Kalinka, you see?” he told her. “I promised that I would give you justice. Now you can rest in peace.”

The Case of the Missing Moon Rocks

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The Case of the Missing Moon Rocks

Joseph Gutheinz is on a mission to save the moon.

Written and illustrated by Joe Kloc

The Atavist Magazine, No. 12


Joe Kloc is a former contributing editor at Seed magazine and researcher atWired. His writing and illustrations have appeared in Mother Jones, Scientific American, and The Rumpus.

Editor: Evan Ratliff
Producer: Olivia Koski
Copy Editor: Sean Cooper
Fact Checker: Spencer Woodman
Research and Production: Gray Beltran

Published in February 2012. Design updated in 2021.

Chapter One

On a May afternoon in 1995, an American named Alan Rosen made the five-hour drive from central Honduras to the mountain district of Olancho. Rosen, a sun-worn, middle-aged Floridian, had for years worked as a procurer of fruits for a juice company, traveling the country in search of its pitted treasures: purple mangosteens, spiky green durians, and hairy red rambutans. And despite Olancho’s unofficial motto, Entre si quiere, salga si puede—“Enter if you want, leave if you can”—he’d been to this violent but fruit-rich region many times. On this particular trip, however, Olancho’s exotic maracujas

were not his concern. Rosen had come instead to meet with a former colonel from the twice-crumbled regime of military dictator Oswaldo Enrique López Arellano. The colonel was prepared to sell Rosen something considerably more exotic: a piece of the moon.

The colonel had claimed, somewhat fantastically, to have been given the rock by President López Arellano himself, in the months following the coup d’état that deposed the dictator from power. Now the colonel was looking to unload it for the right price, and he was waiting for Rosen at the house of an associate, Jose Bayardo. Bayardo lived in Catacamas, a dirt-road city of 44,000 that had grown out of the center of Olancho without so much as a radio station until 1970.

A year earlier, Rosen and Bayardo had met over drinks to discuss the purchase of the moon rock. All Bayardo would say of the supposed ex–military officer was that the man wanted to do business with “some Americans” and claimed to own a $1 million piece of the moon. It sounds more like the Brooklyn Bridge, Rosen thought. He declined the offer.

It wasn’t until later that year, upon returning to the U.S., that Rosen discovered two pieces of information that caused him to consider the possibility that the colonel’s offer wasn’t a con: The first was that, following the U.S.’s final mission to the moon in 1972, the Nixon administration had in fact sent moon rocks to 135 countries. In 1994, NASA’s then lunar curator, a moon rock expert, had told the press, “NASA and the United States gave up title when the gifts were bestowed. Therefore, we don’t pursue them.” The second piece of information was that in December of 1993, Sotheby’s had sold 227 relics from the Soviet space program. Among the items, which also included a lunar rover and the first eating utensils used in space, were three tiny specks of the moon that fetched $442,500.

When Rosen returned to Honduras a few months later, Bayardo contacted him again and told him that the colonel would lower his price. This time Rosen was ready to listen. The colonel, Bayardo explained, was very ill and wanted to do something with the moon rock before he died.

Now, in May of 1995, Rosen arrived at Bayardo’s house to find the colonel waiting inside with a black vinyl suitcase. Rosen had only seen photographs of the piece in question until, moments later, the colonel opened the case. Inside was a grayish pebble-sized stone encased in a Lucite ball and mounted to the top of a 10-by-14-inch wooden plaque. Above a miniature, glass-covered Honduran flag was a metal plate bearing the inscription:

This fragment is a portion of a rock from the Taurus Littrow Valley of the Moon. It is given as a symbol of the unity of human endeavor and carries with it the hope of the American people for a world at peace.

Together, the three men agreed upon a price of $50,000 and drafted a contract: Rosen, with the help of Bayardo, would have 90 days to verify the authenticity of the moon rock and find a buyer in the U.S. If he failed to do so, he was to return it to the dying colonel in Olancho. On his juice-man’s salary, Rosen couldn’t pay the entire $50,000 up front. He agreed to give the colonel $10,000 in cash—a gift from his aunt—and sign over a refrigerated truck from the juice business worth another $10,000. The men parted ways with the understanding that Rosen was to raise the remaining $30,000 back in America. Until that time, the colonel would hold onto the moon rock, the money, and the refrigerated vehicle.

Rosen settled his juice-related affairs in Honduras and returned to the U.S. in February 1996. Over the next few months, he was able to cobble together only $5,000 from family. Still, the sum was enough that, when Bayardo called from Honduras in April, he agreed to hand over the moon rock once Rosen had delivered the money to an associate in Florida. Rosen picked the location for the meet, a Denny’s restaurant situated in an exceptionally Denny’s-rich region surrounding Miami International Airport, which boasted eight such restaurants within a two-mile radius.

In May 1996, a year after his meeting with the colonel in Catacamas, Rosen was drinking a cup of bottomless coffee, waiting for Bayardo’s partner to arrive with the moon rock. Around 2 p.m., the man showed up carrying a flannel pouch. He recognized Rosen, but Rosen couldn’t place him. Perhaps, Rosen thought, he was a relative of Bayardo’s named Luis. Rosen was terrible with names. Their conversation lasted only 15 minutes. Once the man who might well have been called Luis Bayardo had the $5,000 in cash, he handed Rosen the moon rock and left.

A few months later, Rosen made one last payment to the colonel, wiring $5,000 to Bayardo from a bank in Massachusetts. He agreed to pay the balance after he’d sold the rock. But this would prove more difficult than Rosen imagined. The only serious offer he’d received was from a Swiss watchmaker who produced high-end timepieces for Omega; he wanted to buy the rock for $500,000 and a portion of his watch sales. Rosen had heard that the moon rock the U.S. gave to Nicaragua sold for 20 times that amount to a buyer in the Middle East. He declined the Swiss offer, confident he would find a better one.

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Chapter Two

On the morning of June 2, 1998, NASA special agent Joseph Gutheinz was sitting in a courthouse in Houston, waiting to testify against his most recent catch, an astronaut impersonator named Jerry Whittredge. Gutheinz, a stocky, black-bearded senior detective with a Napoleon-sized personality to match his five-foot-seven frame, normally didn’t bother with the small-time gang of astronaut impostors who peddled fake autographs and made-up tales of space travel. His targets were the big fish of the space-crime world: the defrauders and embezzlers who picked NASA’s loosely guarded pockets through major aerospace companies like Lockheed Martin and Rockwell International. But the 47-year-old Whittredge was in a class all his own. Using only his driver’s license and a doctored résumé—on which he claimed to be a Congressional Medal of Honor and Top Gun Trophy winner, as well as a CIA regent known to the Russians as “Black Death” for his five “confirmed kills” in Central America—Whittredge had talked his way inside the mission control room at Alabama’s Marshall Space Center.

Gutheinz had gotten wise to Whittredge’s con after a public affairs officer at Pensacola Naval Air Station reported to NASA that a man claiming to be an “Astronaut S-1”—a nonexistent classification—was trying to gain entry to the base. Gutheinz and another agent tracked Whittredge to his mobile home in Galveston, Texas, where they found him with a loaded .357 Magnum. In the trailer’s cramped kitchenette, Whittredge explained to Gutheinz that he had been sent by President Bill Clinton to infiltrate NASA’s astronaut program and that George Abbey, then the director of Johnson Space Center, had told him that if he built a model of the International Space Station, he would get to fly on a shuttle. “I’ve done it!” Whittredge then exclaimed, grabbing a glue-gobbed model from a nearby shelf and slamming it down on the table.

As far as Gutheinz was concerned, the only point of contention in this case was how a man of questionable mental health, armed with a résumé of fictional credentials—there is no such thing as a Top Gun Trophy or a CIA “regent”—got through NASA security and sat down at the command console in the agency’s most secure room. Once he had a chance to testify, this would become clear to the court. But after two hours, Whittredge’s attorney still hadn’t shown.

Trapped in his seat behind the prosecutor, Gutheinz opened up his legal pad and began doodling. But soon his mind—and his pen—began to wander from the hapless astronaut impostor sitting in the jail box in front of him to the oldest, most widespread con in NASA’s 40-year history: the trade in fake moon rocks. Ever since the U.S. first landed on the moon in 1969 and began bringing back lunar samples to study, small-time grifters had hawked ash-colored rocks to gullible middle-class Americans all too eager to believe that pieces of the moon had somehow made the journey from Neil Armstrong’s space-suit pocket to their front porch. The first reported sale was to a Miami housewife in 1969. She paid five dollars to a door-to-door salesman—and when her husband got home, “he almost hit the moon himself,” she told a reporter. Over the next three years and five subsequent moon landings, as astronauts continued to explore, golf, and otherwise do their space-race victory dance on Earth’s satellite sister, the demand for fake moon rocks boomed. The bull market lasted until the 1980s, when the Cold War turned from moon missions to mutually assured destruction and interest in the moon vanished.

But in recent years, Gutheinz had noticed lunar confidence men cropping up at auction houses and online, exploiting the low-accountability marketplace that dominated the Wild West days of the early Internet. In the mid-’90s, Gutheinz’s team at the agency’s Office of the Inspector General had caught a man selling bogus rocks around the world from his website—he was still awaiting trial on 24 counts of fraud. Just as moon missions were fading into history, the market for fake moon rocks was growing.

Beneath a doodle of Whittredge waiting for his attorney to arrive, Gutheinz began to sketch out a plan to shut down the bogus moon rock market. The name came to him first: OPERATION LUNAR ECLIPSE, he scribbled. From there the details worked themselves out. He would create a fake estate-sales company and pretend to be the broker for an exceptionally wealthy client in search of a moon rock. Then he would take out an ad seeking moon rocks in a national newspaper. He’d get a dedicated phone line in his office, and when a seller called he’d set up a meet and arrive with an arrest warrant. It would take only a few guys and a minimal amount of money. For NASA’s senior special agent, it was an easy sell to the higher-ups.

As the detective was finishing his outline of Operation Lunar Eclipse, the judge’s impatience with Whittredge’s lawyer boiled over. He demanded to know who the missing attorney was.

Whittredge stood and did an about-face toward the judge. With three words, he rendered superfluous the entirety of Gutheinz’s testimony and underlined his own mental instability: “William J. Clinton.”

The judge adjourned the court and ordered that Whittredge undergo a psychiatric evaluation. Gutheinz stuffed his doodle into his briefcase and headed back to the office.

Chapter Three

Gutheinz worked out of a grass-covered Cold War–era bunker known as Building 265, located on the north side of NASA’s Johnson Space Center, in Houston. This sprawling, 100-building, 1,600-acre complex was home base for NASA’s Apollo missions between 1961 and 1972, and it remained the central command for the space program. It sat on the bank of Clear Lake, 30 miles south of downtown Houston, a city pursuing its own alternative future of transportation with a network of tangled 16-lane freeways locals half-affectionately referred to as spaghetti bowls.

Building 265 was divided in half by a steel wall with a safe door. On one side was Gutheinz and his small team at the Office of Inspector General, or OIG. On the other side was a group of Russian researchers. Since the end of the Cold War, Russia had maintained a staff of cosmonauts and scientists at Johnson, though Gutheinz would never figure out what exactly they were doing. To him they were simply and mysteriously “the Russians.” He had interacted with them on only two occasions. Once when he briefed Boris Yeltsin’s economic advisers on a fraud case he had unraveled, in which one of NASA’s major contractors was convicted of embezzlement and money laundering. The other time, while Gutheinz was giving a tour of the bunker to a group of U.S. attorneys, a Russian researcher pushed open the supposedly locked safe door to purchase a soda from the Coca-Cola machine on the OIG side. It was one more example of the impressive lack of security at NASA, against which the detective had long waged a quiet battle of frustration.

Behind his office’s own cipher-locked steel door, Gutheinz began to flesh out Operation Lunar Eclipse. He named his fake company John’s Estate Sales. For himself he took the name Tony Coriasso, a combination of his uncle’s last name and his brother-in-law’s first. To play the role of John Marta, the wealthy buyer, he enlisted the help of a U.S. Postal Service inspector named Bob Cregger.

In September 1998, the two detectives set the operation in motion, taking out a quarter-page ad in USA Today. Above a 1969 photograph of Buzz Aldrin walking on the moon during the Apollo 11 mission, they printed MOON ROCKS WANTED. The number accompanying the ad was connected to a bugged telephone sitting on a folding table in what the pair referred to as the Hello Room, an otherwise empty closet attached to Gutheinz’s office.

On the morning of September 30, Gutheinz walked into the Hello Room and checked the phone’s answering machine. There was a message left the night before by a man identifying himself as Alan Rosen. Rosen claimed to have a moon rock for sale. Gutheinz picked up the receiver. Tony Coriasso, Tony Coriasso, Tony Coriasso. John’s Estate Sales, John’s Estate Sales, John’s Estate Sales, he said to himself as he dialed the number. Rosen picked up. He told Gutheinz that all those other calls he was getting were from con men selling bogus moon rocks. But he had the real thing.

Gutheinz had heard this whole good-con-bad-con routine before. He figured he’d just play along. Soon, however, Rosen was exhibiting a command of moon-rock history the detective hadn’t often seen from low-level lunar hucksters. Rosen told Gutheinz that during the Apollo program, NASA had brought back 842 pounds of lunar material. In 1973, months after the conclusion of NASA’s final moon mission, the Nixon administration cut up one particular moon rock, known as Sample 70017, into 1.5-ish-gram moon fragments, called goodwill moon rocks, that it gifted to countries around the world, as well as all 50 U.S. states. Accompanying each rock was a letter that read, “If people of many nations can act together to achieve the dreams of humanity in space, then surely we can act together to accomplish humanity’s dream of peace here on Earth.” Now, Rosen told the detective, he had gotten ahold of a goodwill rock, and he was looking to sell.

Rosen expressed surprise to see an ad in the paper looking for moon rocks—these deals were usually done in dark alleys, he explained. Indeed, besides those that fell to the earth as meteorites, moon rocks were one of three NASA artifacts, along with debris from the Apollo 1 and Challenger explosions, that it was outright illegal to sell. Rosen wanted $5 million for his rock. He cited the rumored sale of Nicaragua’s moon rock, along with a collection of pre-Columbian artifacts, to a buyer in the Middle East for as much as $10 million. And he claimed to have a certificate of authenticity: He’d brought his rock to Harvard University, where a reluctant geologist confirmed that it was in fact lunar material.

Gutheinz visited a website on which Rosen had posted photos and information about his alleged moon rock. There it was: a Lucite-ball-encased, ash-colored stone mounted to a plaque with the flag of an indeterminate Central or South American country. Rosen had covered up the seal in the center of the flag, and without that distinction the detective couldn’t distinguish between the flags of Argentina, Nicaragua, El Salvador, and Honduras. Gutheinz leaned back in his chair. If this was a fake, it was a savvy con for a man who answers USA Today ads looking for black-market goods. He began to wonder, Is it possible that, for the first time, we’re investigating a real stolen moon rock?

Two weeks later, Cregger, posing as John Marta, contacted Rosen to purchase the rock. Cregger asked Rosen how he got ahold of a moon rock that had been given to a foreign country. Rosen told Cregger he had purchased the rock from a retired colonel in Central America.

“You brought it back?” Cregger asked.

“Yeah, yeah, I’ve got it here. And how I got it here and all the rest is unimportant.”

Rosen assured Cregger that he had left no paper trail in bringing the rock into the States. Pretending to be reassured, Cregger agreed to a location for a meet: Tuna’s, a small restaurant and margarita bar off West Dixie highway in North Miami Beach. Cregger and Gutheinz packed a suitcase of windbreakers, vacation shirts, and anything else that might befit two wealthy men in their forties flying to Miami to buy a black-market moon rock for $5 million.

Chapter Four

On October 20, 1998, the two undercover detectives arrived at Tuna’s. Rosen wasn’t scheduled to show for 45 minutes, but Gutheinz needed to make sure they found a table outside. He was wearing a wire beneath his windbreaker and didn’t want anything to interfere with its transmission to the pair of customs agents listening in from a car parked a block away. The detectives had roped customs into the sting after realizing that if Rosen did in fact have an authentic goodwill moon rock, it might actually not be legal for the U.S. to seize it as stolen property. After all, the U.S. had gifted the rock to another country three decades earlier. It wasn’t clear that an American court would have any direct authority to take it back. Their best hope was to get Rosen to admit that the foreign-bought rock hadn’t been declared when it was brought into the country. If this were the case, it would be considered smuggled property, subject to seizure by U.S. Customs.

The two detectives sat down at a table on the palm-tree-flanked patio at Tuna’s and waited in their civilian disguises for the mark to arrive. Gutheinz had his Glock 9mm stuffed inside his pants. Cregger kept his gun in a fanny pack. Gutheinz was used to the sticky tropical heat, having worked on Cape Canaveral at NASA’s Kennedy Space Center before moving to Houston. But this was South Florida in October. He ordered a Diet Coke. And another. And another. Then Rosen and his partner showed up.

Once Rosen settled in, he joked to Gutheinz and Cregger that he half expected a bunch of Central American soldiers in green military fatigues to rush around the corner with AK-47 assault rifles and demand the moon rock. Everyone laughed. A moment later there was a loud crash, and the four men jumped from their seats. Rosen panicked, and Gutheinz moved toward his gun—nearly blowing their cover—before they realized the source of the commotion: a waiter had taken a sharp turn coming around the corner of the restaurant and dropped his tray. Everyone was relieved. The men took their seats to discuss the rock.

The two agents grilled Rosen on whether there was any record of the rock entering the U.S. He insisted there was “no continuity” between when the rock was given to the Latin American country and now. They pressed the issue: What about when it came through customs? Again Rosen assured the buyers that no record existed. He was getting uneasy. What were all these questions about customs? Why would this fanny-pack-wearing space collector care about whether or not the moon rock was mentioned on that little declaration card flight attendants pass out at the end of international flights? Something wasn’t right. Rosen declined to let Gutheinz see the rock. He told the two men he was suspicious that they might be undercover detectives. He showed them photographs of the rock but said he wouldn’t furnish the real thing until he confirmed their identities and saw proof that they had the $5 million.

This latter request was particularly unfortunate. Gutheinz knew that woefully cash-strapped NASA would decline to loan him the money. But he also knew that Rosen was one whiff of double-talk away from backing out of the sale. So the detective assured Rosen he would get the cash. The four men shook hands. Gutheinz paid his check for the Cokes and the parties parted ways. He and Cregger headed back to their hotel.

Short of NASA, the obvious place to turn for the money was Cregger’s agency, the U.S. Postal Inspection Service. It was considerably more liquid than NASA and had already agreed to foot the bill for the USA Today ad. But the agency declined, no doubt seeing a $5 million sting operation to recover an allegedly real moon rock as incongruous with its stated mission to “ensure public trust in the mail.”

Then Gutheinz remembered watching a news story with his father decades earlier about how two employees of the Texas-based Electronic Data Systems corporation were detained during the Iranian revolution. EDS specialized in large-scale data processing and management for clients like Rolls-Royce, Kraft, and the U.S. military. In the late 1970s, the company was contracted by Iran to set up the country’s social security system. When the Shah was overthrown in 1979, the EDS employees were taken captive. The CEO of the company had hired a retired U.S. Special Forces officer and personally funded a rescue operation. Gutheinz’s father, a lifetime Marine, called the CEO “the Patriot” for this act and continued to do so for the rest of his life. Gutheinz, now desperate for money for his own rescue operation, decided to approach the Patriot for help. It was the sort of long shot that could only seem reasonable to a man who spent his career hunting fake astronauts and door-to-door moon rock salesmen.

Gutheinz looked up Electronic Data Systems in a telephone directory for Plano, Texas, and asked to speak with the CEO. He navigated the $13 billion company’s phone tree until he reached the Patriot’s personal secretary, who informed him that the Patriot was busy. Gutheinz left a message and hung up.

Half an hour later his telephone rang. It was H. Ross Perot.

Gutheinz described Operation Lunar Eclipse to the EDS CEO, Texas billionaire, and 1992 presidential candidate. If there was any wealthy private citizen who could appreciate not spending government dollars on a moon rock recovery operation, it was Ross Perot, whose campaign ads once argued that “the enemy is not the red flag of communism but the red ink of our national debt.” Gutheinz knew how to sell the importance of his mission to the great chart-wielding champion of explanation.

These rocks, he explained, were not just detritus from outer space. They were relics of a singular time in world history, a temporary calm in the madness of an arms race that in the U.S. alone had produced 70,000 nuclear weapons and consumed $5.8 trillion—enough one-dollar bills to reach the moon and back. The way Gutheinz saw it, to lose moon rocks on the black market was to lose a generation of astronauts and engineers to lesser curiosities. There were, after all, only two kinds of scientists for kids to encounter in their world of comic books and television shows: those who made bombs, and those who made spaceships. The goodwill moon rocks were perhaps the last, best argument for the latter.

Perot agreed to fund the operation, transferring $5 million into a bank account accessible by Gutheinz. But Rosen was still nervous. He phoned Gutheinz in a frenzy in the middle of the night and demanded the phone numbers of five of Tony Coriasso’s clients. Gutheinz gave him the home numbers of agents back at NASA’s OIG in Houston. The agents knew enough about the operation that when Rosen called them, they were able to convince him that they were happy customers of Coriasso. Satisfied that his under-the-table buyers were aboveboard, Rosen agreed to sell the rock, which he said was being stored in the vault of a bank in Miami. His only condition was that Gutheinz not be involved in the transaction. He wanted to deal only with a third party—which Gutheinz was welcome to choose. It was difficult to see what protection this afforded Rosen, but Gutheinz went along with it anyway and enlisted a customs agent to handle the exchange.

On the morning of November 18, Gutheinz’s team obtained a seizure warrant from a Miami judge and headed to the bank. Gutheinz and Cregger, now back in their familiar detective-grade suits and ties, waited in a nearby open-air garage while the undercover customs agent greeted Rosen and led him inside. After a few minutes, the detectives made their way over to the bank’s parking lot and perched on the trunk of Rosen’s car. Meanwhile, inside the bank, Rosen removed the Lucite-encased moon rock from his safe-deposit box and presented it to the customs agent. The wooden plaque, he explained, was waiting in his trunk. With the rock in hand, the agent put an end to the three-month operation. He served Rosen with the warrant and escorted him outside, where Gutheinz and Cregger waited. Gutheinz eyed Rosen and thought, The guy almost looks relieved—like a schoolkid finally receiving the bad report card he’d long been dreading.

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Chapter Five

Ultimately, the rock would appear in Miami, where a judge would decide whether or not Rosen had any legal claim to it. But first Gutheinz needed to determine if he had in fact recovered an actual piece of the moon, or if his fake estate-sales company had nabbed just another fake rock. With the protection afforded by his Glock, Gutheinz flew the rock back to Houston to be examined by NASA.

At the agency, there was one man in charge of confirming the authenticity of moon rocks—Gary Lofgren, the lunar curator. Lofgren was a tall, bespectacled geologist who worked in the Lunar Lab, a few hundred feet from Gutheinz’s bunker. His office was long and narrow, filled with the sort of professorial clutter that made it appear to belong to an academic, not a government worker. He’d studied lunar samples long enough that he could usually tell whether a rock was real just by looking at a reasonably high-quality photograph of it.

To make an official ruling, though, he used several techniques. If the rock in question was thought to be a lunar meteorite—a piece of the moon chipped off by a stray asteroid and sent 240,000 miles to Earth—it would contain oxidized iron. Because there is no gaseous oxygen on the moon, the iron in lunar material does not oxidize. If Lofgren were to find oxidized iron in the center of a rock, then he could conclude with near certainty that it didn’t come from the moon.

In the case of the rock recovered in Operation Lunar Eclipse, however, Lofgren could check its authenticity using a much simpler method. Rocks found on a planet’s surface form from hardened lava flows and are composed of relatively few minerals. Variation in the size and prevalence of each of these minerals determine the characteristics of a given rock. On Earth, the spread of potential rock types is large; but on the moon there is little variability. In other words, to a trained geological eye like Lofgren’s, all moon rocks—particularly  those from the same region of the moon—look alike. Since NASA kept some of the rock from which the goodwill gifts were cut, Sample 70017, Lofgren  had only to compare its mineral composition with Gutheinz’s specimen. He placed it underneath a high-powered microscope, and on December 2, he made his ruling:

It is my considered opinion that the above mentioned “presumed lunar sample” is in fact one of the Apollo samples distributed by President Nixon to Heads of State of several countries between 1973 and 1976. The current commercial value of the item, including the plaque, can be based only on its collector value, and therefore, in my opinion, the asking price of 5 million dollars would be reasonable.

The news that the black-market moon rock was genuine weighed heavily on Gutheinz. He had grown up during the space race, and later, at NASA, he had gotten to know many of the scientists and engineers who worked on the Apollo project, which had helped a dozen men set foot on the moon. These are people who cared, he thought, people who had an imagination bigger than most.

Throughout the 1960s, the Gutheinz family had watched the moon missions unfold on the CBS Evening Newswith Walter Cronkite. Since the day John F. Kennedy had declared his candidacy for president, he’d been a hero in the Gutheinz house. In 1960, Gutheinz’s mother, a five-foot-eleven-inch Irish-Catholic Marine turned bar bouncer, enlisted her son to help her campaign door-to-door in the neighborhood. The 5-year-old happily accepted, captivated by the presidential hopeful’s charm as he preached the importance of bolstering the U.S. space program—once even telling an audience it was embarrassing that the first dogs to make the trip to space and back “were named Strelka and Belka, not Rover or Fido, or even Checkers.”

In 1962, from the living room of their Long Island home, the Gutheinzes watched President Kennedy announce that his administration would triple NASA’s funding, build the Johnson Space Center, and put a man on the moon before the end of the decade, “not because it is easy but because it is hard.” The moon was many things in Kennedy’s 15-minute speech. What Gutheinz’s mother and father no doubt heard coming through their television that September day were the practical realities of a strategic military mission that would cause space expenditures to increase “from 40 cents per person per week to more than 50 cents” in order to make sure that outer space was “a sea of peace” and not “a new terrifying theater of war.” But even at age 7, Gutheinz was a dreamer. He lit up when he heard Kennedy speak of the moon as an “unknown celestial body,” the journey to which would be “the most hazardous and dangerous and greatest adventure on which man has ever embarked.”

In truth, Kennedy on more than one occasion privately stated that he was “not that interested in space.” The idea of going to the moon first became a serious consideration in the days following the botched Bay of Pigs invasion. Reeling from his loss to the Cubans, Kennedy told Vice President Lyndon B. Johnson to find a goal in the space race that the U.S. could most likely achieve before the Russians. Johnson—who years earlier, as the senate majority leader, had told Congress that “the position of total control over Earth lies in outer space”—reported back to Kennedy that putting a man on the moon held the most promise.

Once the U.S. beat the Soviets to the moon, in 1969, the White House’s interest in the Apollo program waned. President Nixon slashed NASA’s budget to free up money to win the increasingly unwinnable Vietnam War. By 1972, when Apollo 17 completed its journey to the moon and back, the U.S. had demonstrated its dominance over the Soviet Union in space. Both militarily and scientifically, the space race was over. Nixon canceled the remaining three Apollo missions. Without the Cold War and the international battle against communism, the U.S. would undoubtedly not have made it to the moon by 1969—if ever. As Nixon wrote in a letter he sent out with the goodwill moon rocks, “In the deepest sense, our exploration of the moon was truly an international effort.”

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Chapter Six

On February 2001, a fleet of customs agents waited on the tarmac at Miami International Airport for the arrival of the Honduran goodwill moon rock. When it arrived from Houston, armed men clad in raid jackets escorted the rock off the plane. It was due to stand trial in the case that was to be officially catalogued by the Southern District of Florida as United States of America v. One Lucite Ball Containing Lunar Material (One Moon Rock) and One Ten Inch by Fourteen Inch Wooden Plaque. Technically speaking, President George W. Bush was suing Honduras’s moon rock.

The crux of the U.S. attorney’s case rested on whether or not Rosen had legally purchased the rock from the colonel back in 1995. Rosen claimed to have received a receipt of sale. Unfortunately, he said, he kept it at a friend’s house on Lake Yojoa, in the Comayagua Valley of eastern Honduras. And in the fall of 1998, the region was hit by the 180-mile-per-hour winds of a Category 5 hurricane, which left thousands dead and thousands more missing. What had survived of the documents—or Bayardo and the colonel—Rosen didn’t know.

On August 15, when Rosen gave his deposition, the U.S. attorney focused instead on whether the colonel had any legal standing to sell the moon rock in the first place.

“What, if anything, did you do to satisfy yourself that he had legal possession of it?” the prosecutor asked Rosen.

“Well, he owned it. … He was given it by the dictator for—I don’t know, for whatever reason.”

The military dictator Oswaldo Enrique López Arellano had ruled Honduras since he forcibly took power in 1963—save for a brief spell in 1971, when he allowed for a popular election to occur, lost, and took back his rule in a violent coup d’état a few months later. In 1973, the U.S. ambassador, regardless of whether López Arellano deserved America’s goodwill, presented him with the goodwill moon rock, which López Arellano stored in the presidential palace in Tegucigalpa. A little over a year later, in 1975, López Arellano was ousted in a bribery scandal connected to the suicide of the president of an American banana-importing company. The incident became known as Bananagate. The colonel had told Rosen that shortly after Bananagate, López Arellano gave him the rock. “He had it in his possession for 20 years,” Rosen told the court. “So that sort of said to me that he owned it.”

The court enlisted a professor of law at the University of Miami to determine whether López Arellano did in fact legally give the moon rock to the colonel. The professor searched for any official documentation of the moon rock in Honduras and reviewed Honduran news reports that he found on “the Net.” Eight months later, he gave his testimony. “I frankly don’t know when the rock disappeared,” he said.

Eventually, the professor determined that, regardless of when the colonel got ahold of the rock, he never possessed it legally. It was public property of the people of Honduras. In order for López Arellano to give it to the colonel without breaking the law, the gift would have had to have been approved by the Honduran government. No record of that approval existed.

That summer, while Rosen waited for his case to go before a judge, he made an appearance on CNN to argue his side. The question at hand was how much the rock was worth. To the court, it didn’t matter what exactly that value was, but it was a happenstance of U.S. law that for the government to seize property, that property must have some value. And so the prosecutor priced the treasure at $5 million. This number was based on Lofgren’s valuation of the rock, which in turn was based on Rosen’s asking price, which he arbitrarily conceived and now disagreed with.

To debate him, CNN brought in a space-memorabilia collector named Robert Pearlman. Pearlman was a stocky, articulate man who spoke with the authority that seems to adhere to the self-appointed caretakers of history’s minor treasures. He worked as the public relations director at a space-tourism company in Virginia, where he lived among his fascinations: an ever growing collection of capsule models, reentry thrusters, space-suit accessories, and other artifacts from NASA’s Mercury, Gemini, Apollo, and Columbia missions. Since 1999, Pearlman had catalogued and displayed his artifacts on his website, CollectSpace.com. It’s one of the world’s largest private collections of space memorabilia, and it had made him a de facto authority.

The anchor asked Pearlman how much Rosen’s 1.14-gram chunk of the moon might be worth. “It’s really hard to say,” Pearlman explained, “because an actual moon rock brought back from the Apollo astronauts is not something that sold before on the U.S. market. I would say it’s not a far stretch to say that at a really public auction like Christie’s or Sotheby’s that it could reach upward of $1 million or $2 million.”

“Well,” Rosen responded. “I was offering this rock at $5 million. And in the year after, I was convinced that, because of the publicity and somewhat notoriety of it, that the value could be well up into the tens or $15 million.” His intention, Rosen said, had been “not just to make a profit.” He’d planned to finance “low-interest loans for agriculture and artisans and mini businesses” back in Honduras.

On March 3, 2003, the United States’ suit against Honduras’ moon rock finally went before a judge. It took him three weeks to make his ruling. Ultimately, Rosen was unable to convince him that the colonel had obtained the rock from López Arellano in accordance with Honduran law. And since the colonel had illegally sold property of the Honduran people to Rosen, the U.S. had the right to seize it. No criminal charges were filed against him, but Rosen was stripped of his rock.

At a ceremony the following September, NASA’s administrator and a Mir space-station astronaut gave the rock back to the Hondurans. “Thank you for returning this material that is so valuable to the world,” the president of Honduras commented.

Chapter Seven

Shortly after Operation Lunar Eclipse concluded, the grass-covered Building 265 where Joseph Gutheinz worked began to show signs of age. Mold infested the walls of the structure, and the Russian side began flooding on rainy nights. With the Cold War over for a decade, NASA decided to renovate the building. The OIG team and the Russians were relocated, and the earth was torn off the roof of the bunker. The entire building was gutted. Gutheinz didn’t stick around much longer. He had grown exhausted from the long, strange hours he kept as an OIG detective. He wanted to spend more time with his wife and six kids, two of whom had received their law degrees and returned to Houston after tours of duty in the Army. Within a year of Operation Lunar Eclipse, the detective put in for retirement.

Leaving NASA was hard for the lifelong puzzle solver. “I think he could be a modern-day Sherlock Holmes,” Gutheinz’s sister said. Before joining NASA, he had planned on practicing law and still had a JD to fall back on. So he hung out his shingle, and then, in 2010, opened a law firm with his two attorney sons. They set up shop eight miles west of the space center in Friendswood, a town of flaking East Texas barns and palm-tree-lined boulevards.

Gutheinz covered the walls of his law office with awards from his days at NASA and news clippings from his favorite cases, or at least those he most enjoyed recounting to visitors: the astronaut-impersonator bust, the investigation of the Mir space station—during which he discovered that the Russians were billing NASA for million-dollar homes in Star City, Russia—and, of course, Operation Lunar Eclipse. In the corner, Gutheinz hung a photograph of himself presenting Ross Perot with a plaque for his work as the Patriot. With it was a then rare photo showing Gutheinz without a beard. Having heard that the Patriot didn’t like facial hair, he’d shaved it as a sign of respect. He’d kept his mustache, though—he was not a man without scruples.

Even though he’d left the official world of space investigation, ostensibly ending his pursuit of moon rocks for good, Gutheinz couldn’t seem to let the chase go. The Honduras case had brought to light how many pieces of the moon might have slipped onto the black market. In fact, NASA hadn’t kept any record of the rocks after 1973. For him, what he’d told Perot years before remained true: Those little chunks of moon tucked into bouncy-ball-sized shells weren’t idle treasures from a forgotten time on a distant world, and the hunt for them didn’t end just because he’d left the agency.

So after he finished his legal work for the day, Gutheinz began staying up into the night working on his latest passion: an online class for police-detective hopefuls at the University of Phoenix. The initial goal had been to teach the ins and outs of investigating. But before long the newly minted professor was recruiting his students to hunt moon rocks. Eventually, 5,000-word end-of-semester papers on criminal justice became 2,500-word papers “where we had to track down moon rocks,” as one student explained. “Mr. Gutheinz was crazy about his moon rocks.”

Meanwhile, in April of 2003, Gutheinz reached out to Robert Pearlman, the space collector who ran CollectSpace and debated Rosen on CNN. Two months earlier, the shuttle Columbia had disintegrated while returning to Earth from its 28th mission. In the aftermath of the disaster, reports began to surface that local law-enforcement officers were looting pieces of the wreckage—now the fourth space artifact it was illegal to own. A Texas constable was accused of stealing Columbia debris, and Gutheinz wanted to cover the trial for CollectSpace. Pearlman happily agreed. He knew of Gutheinz from the Honduras case. And since his publicity during that trial, traffic to the site had exploded. For the next couple of weeks, Gutheinz went to the Texas courthouse to watch the trial unfold. In the end, the jury found the constable not guilty. It was “David defeating Goliath,” he wrote. “The government had everything in this case, [including] superb special agents from NASA Office of Inspector General.”

After the trial, Gutheinz and Pearlman stayed in touch. Aside from posting space news on his website, Pearlman maintained a list of all the countries that had received goodwill rocks from the Nixon administration. In addition, he had discovered that after Apollo 11, the first moon landing back in 1969, Nixon had sent out around 200 lunar samples. He began tracking those as well. Soon, museum curators worldwide were reviewing the list and contacting him with the whereabouts of their rocks. Pearlman even received an email from the Vatican with a photo attached of a church official holding its goodwill moon rock. By October of 2004, when Pearlman relocated to Houston to be closer to Johnson Space Center, he and Gutheinz had teamed up to track down the missing lunar samples. Pearlman could feed Gutheinz information from the collector world. In turn, he and his students would do the legwork.

To be sure, the two thought very differently about the goodwill rocks. Pearlman was skeptical that there was much of a black market—if anything it was a gray market—and thought that most of the rocks were just misplaced, not traded by small-time thieves in South America and the Middle East. And he didn’t like that Gutheinz told the press that the rocks were worth $5 million. He thought it only made their job more difficult. The price tag that seemed to validate the detective’s obsession only served to frustrate the collector.

The investigations were simple enough: Gutheinz gave his class Pearlman’s list of unaccounted-for rocks, both in the U.S. and abroad. Each student picked one to track down. The detective always gave the same piece of advice: “Start at the state archives.” The students waded through automated phone lines and filled-to-capacity voicemail boxes of government institutions that never quite had the budget to digitize their records. At the end of the semester, each student had to either publish a newspaper editorial about his rock or write a report on the investigation. Students in classes with names like Organizational Administration and Crime in America soon found themselves calling museums and state offices in search of long-lost pieces of the moon. “It was a surprise. I wasn’t looking to do this assignment at all,” said a former student. “It didn’t have anything to do with the class.” Another said, “I didn’t even know what a moon rock was when I started.”

In 2003, one of Gutheinz’s classes went looking for Canada’s goodwill moon rock. Back in 1973, when the Nixon administration was mailing out pieces of Sample 70017, it had mistakenly sent one to a 13-year-old kid who had lied about his age to become the United Nations’ Apollo 17 Youth Ambassador for Canada. And like any kid worth his elbow scrapes, he kept his quarry. Some months later, Canada got it back. But what happened from there is less clear. When the students inquired about the rock in 2003, the country said it had been stolen in 1978. Thinking he might have another Honduras moon rock on his hands, Gutheinz assigned the investigation to his next class, only to find that, fortunately—or perhaps unfortunately—Canada was mistaken in thinking its rock was stolen. It had merely been forgotten for decades, sitting in a storage facility maintained by Canada’s natural-science museum. It seemed that Gutheinz, along with that 13-year-old kid back in 1973, were the only people who cared much for Canada’s piece of the moon. It took the detective another six years to finally get Canada to take its rock out of storage for the 40th anniversary of Neil Armstrong’s giant leap.

Meanwhile, his students slowly pieced together the fate of Sample 70017. In Romania, after the communist president and his wife were executed by firing squad in 1989, the country’s goodwill rock ended up on the auction block at their estate sale. In Spain, the grandson of the dictator Francisco Franco told a newspaper that his mother had once possessed the country’s “moon stone” but had lost it. Malta’s moon rock was stolen from a museum and never recovered. In Ireland, the land of magic stones, the goodwill moon rock was lost in a museum fire.

These were the rocks Gutheinz dreamed of chasing. But from faraway Friendswood, without the resources of NASA, they might as well have been back in space, crusting the eye of the Man in the Moon. For years he focused mainly on the U.S., tracking moon rocks back to the dusty storage units and retired file cabinets of states that usually just forgot to care. During that time, he wrote articles about space in Earth magazine, with titles like “Settling the Moon: A Home Away From Home” and “Fix the Hubble Telescope: Mankind’s Spyglass on the Universe.” In Canada’s National Post, he wrote an editorial scolding U.S. Customs agents for allowing a man to enter the country despite the fact that he showed up at the border in Maine with a bloody chainsaw and sword, claiming to be a Marine assassin with 700 fresh kills. Gutheinz compared the negligence to that of NASA in the Jerry Whittredge case: “The U.S. government blew it and acknowledges their mistakes. U.S. Customs should make a similar admission.” When he wasn’t writing himself, Gutheinz would talk to any reporter who would listen, especially about moon rocks, hoping to catch a break on his next big case. And in late 2009, his telephone rang.

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Chapter Eight

On the other end of Gutheinz’s line was an Associated Press reporter named Toby Sterling. Earlier in the year, Sterling had reported that a Dutch museum’s Apollo 11 moon rock, which they’d insured for a half-million dollars, was just petrified wood—“It’s a nondescript, pretty much worthless stone,” one geologist commented. The find had prompted Sterling to launch his own investigation of the goodwill rocks, with nine other AP reporters. They phoned embassies and visited archives and museums, checking to see which nations still had their rocks. Sterling had found Gutheinz in one of the many articles in which the detective was quoted about moon rocks and thought he might be interested in what one of his reporters found.

An AP journalist who happened to be on the island nation of Cyprus had recently visited the battle-weary Mediterranean country’s National Museum to inquire about its rock. But the bewildered staff told the reporter that they had never even heard of a Cyprus goodwill moon rock. Presumably, the Nixon administration had sent the country one—even the Soviet Union got a moon rock—so Sterling tracked down the 1973 and 1974 communiqués from the U.S. embassy in Cyprus to see if there was any mention of where the rock had ended up. What he found instead was a peculiar string of telegrams:

18 JUL 1973

PRESENTATION OF MOON ROCK IN CYPRUSPRESENTS SOME UNUSUAL PROBLEMS CONCERNING REPRESENTATION OF TURKISH COMMUNITY AT ANY CEREMONY. … WE HAVE TWICE RAISED TOPIC WITH FOREIGN MINISTER, WHO PROMISES US AN EARLY REPLY.

23 APR 1974

WE DO NOT THINK WE SHOULD CONTINUE TO TRY TO THRUST UPON CYPRIOTS SOMETHING WHICH THEY ARE NOT INTERESTED IN RECEIVING. … IN TORTURED POLITICS OF THIS LITTLE ISLAND, GOVT COULD WELL PREFER NOT TO BE ASSOCIATED WITH FACT THAT IT WAS CYPRIOT FLAG WHICH APOLLO 17 DELIVERED TO THE MOON. FLYING OF CYPRIOT FLAG HERE IS LIMITED ALMOST EXCLUSIVELY TO POLICE STATIONS, AND DISPLAY BY OTHERS IS REGARDED AS SYMBOL OF LACK OF ENTHUSIASM FOR ENOSIS (UNION WITH GREECE).

30 APR 1974

WE WILL HOLD FOR PRESENTATION BY [U.S. AMBASSADOR] DAVIES NEXT SUMMER.

In fact, Gutheinz knew the Cyprus rock well. It had been one of the first he assigned to his students back in 2002. But the investigation had gone nowhere. It had proven to be a case too fraught with history for students to solve by phone from thousands of miles away: In Cyprus, civil unrest was as old as religion. And the county had for centuries been divided between the Christian Greeks in the northern section of the island and the Turkish Muslims in the south. A year after Nixon sent the Apollo rock to the island in 1973, the U.S.-backed Greek junta made a coup attempt that prompted the Turkish army to invade the north. The president of Cyprus, who was supposed to receive the moon rock, was ousted. To make matters worse, violence erupted at the American embassy in Nicosia. In August 1974, the U.S. ambassador was assassinated and the embassy was evacuated. Rioters burned the presidential palace—where Gutheinz and his students suspected the rock would have been displayed—to the ground. There the trail of the Cyprus moon rock had gone cold.

Now Sterling’s embassy telegrams suggested that the ambassador was assassinated before he had a chance to turn the rock over to Cyprus. In late 2009, the detective sent Pearlman an email informing him of Sterling’s discovery. If Cyprus never got its moon rock, Gutheinz asked, then who did? His partner’s reply stunned the detective: Pearlman was surprised the Cyprus rock was still “missing,” he wrote Gutheinz. He had known exactly where it was for years.

In 2003, Pearlman had received an email from a memorabilia dealer claiming that the Cyprus moon rock had surfaced. The dealer told Pearlman that a man, claiming to be the son of a U.S. diplomat who had been stationed in Cyprus in the 1970s, had contacted him looking for a broker to move the rock. The man explained that when the ambassador was assassinated and the embassy was evacuated in 1974, his father took possession of the rock but never returned it to the embassy or presented it to Cyprus. After his father died in 1996, the ambassador’s son found it in a storage locker in Virginia. At first he had assumed it was some sort of award his father had received for being a Foreign Service Officer. But when he’d seen the case of Rosen’s Honduran rock in the news, he’d realized what he had. He also knew—based on Rosen’s widely public reasoning on CNN and elsewhere during the trial—that a price tag on the order of millions was not considered unreasonable. On the now wide spectrum of unimaginable moon rock prices, his was a modest $1 million to $2 million.

Pearlman informed NASA’s OIG about the seller in August 2003, furnishing the name, location, and contact information. From there he assumed they’d pursued it. Preoccupied with the loss of the Columbia shuttle, he let it go. Now, six years later, Gutheinz was telling him that the whereabouts of the rock were still a mystery.

The detective, meanwhile, couldn’t believe what he was hearing: This was a two-week job! They had a witness! They had the email! Had he gotten that kind of tip when he was at NASA, he would have organized another Operation Lunar Eclipse to recover the rock.

Instead, he did what he could from the outside: In early September 2009, the detective requested a congressional investigation into the missing rock. He contacted a newspaper in Cyprus, The Cyprus Mail, and relayed that NASA had known where the rock was for seven years and hadn’t pursued it. On September 18, a Cyprus Mail reporter named Lucy Millett contacted Gutheinz. Millett was in a particularly good position to investigate the story, since her father was the former British ambassador to Cyprus at the time the rock was supposed to have been presented. In the weeks that followed, Millett worked with the detective—a “media blitz,” he called it—to publish five stories demanding that NASA investigate the theft and return the rock to Cyprus, with headlines like “Cyprus a Victim of Lunar Larceny” and “Cyprus Should Claim Rightfully Owned Moon Rock.”

The bad press paid off. A month later, NASA was contacted by a Washington, D.C., attorney representing the Cyprus seller, who apparently had been unable or unwilling to find a buyer for the rock. After five months of negotiation with the U.S. attorney, on April 16, 2010, the seller handed over the rock to NASA in exchange for immunity from prosecution. The rock was turned over to Lofgren, the lunar curator, who confirmed that it was indeed another piece of Sample 70017. The agency issued no press release and held no press conference. Unlike the case of the Honduran moon rock, there was no mention of the Cyprus rock in the American media—only an obligatory note in the 2010 semiannual report from NASA’s OIG:

During this reporting period, OIG investigators recovered a moon rock plaque that had been missing since the 1970s. The plaque had been intended for delivery by a U.S. diplomat to the people of Cyprus as a gift when hostilities broke out in that country. The plaque had remained in the custody of the diplomat until his death and was recovered from his son.

A year after the 2010 report, the rock was still in a vault at NASA, and Gutheinz was fuming that the U.S. government hadn’t returned it to Cyprus. It had given Honduras its moon rock, why not Cyprus? For Gutheinz, the real crime was that the rock never made it back to its rightful home.

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Chapter Nine

Houston was once a company town. Johnson Space Center employed 3,000 people in the city, the fourth largest in the U.S., and Houstonians were proud of the space program, particularly the moon landings. In the lobby of Terminal B at Bush Intercontinental, travelers are greeted by a larger-than-life sculpture of a cow in a space suit planting the Lone Star State’s flag on the moon, with a plaque that reads: “This masterpiece represents the merging of the arts with aeronautics, and depicts Houston’s spirit of mingling creativity with opportunity.”

“Houston was the first word in space!” pointed out the woman at the car-rental desk when I arrived in the fall of 2011. She added that she’d collected the badges from all the different space missions. Astronauts used to come through the airport all the time, she continued, but not so much since the shuttle program ended.

Out in his Friendswood law office, the man I’d come to see still considered himself a “company man.” He was sitting at his polished-hardwood desk, on which he kept four small moon rocks cut from lunar meteorites. “I miss it,” he said of his days at NASA, leaning back in his chair and taking a sip of a Diet Coke. But the time when Russians were “the Russians” had passed, and now, Gutheinz told me, he often found himself at odds with the agency he once knew. Even when it managed to pull off a decent moon rock sting, he tended to find it lacking. The previous spring, NASA had received a tip that a 74-year-old woman in Riverside County, California, was claiming to have a moon rock for sale. It was the same old story: a lunar peddler trying to sell a piece of the moon to someone she was already vaguely suspicious was an undercover cop. And NASA’s investigation began much like it might have in Gutheinz’s day. An agent telephoned the seller to purchase the rock, the two set up a meet, and the second known moon rock exchange to take place at a Denny’s restaurant was under way.

But on the day of the meet, when the four-foot-eleven-inch senior citizen furnished the stone to the undercover agent, a half-dozen bulletproof-vested NASA special agents and Riverside County sheriffs stormed the diner and forcibly removed the elderly woman—bruising her left arm and terrifying her sufficiently to cause her to lose control of her bladder. Gutheinz found himself outraged by law enforcement’s conduct. “I believe you treat people with respect,” he told me. To Gutheinz, this little old lady was hardly a criminal. For one thing, Lofgren confirmed her moon rock was real; but it wasn’t a stolen goodwill rock. According to Gutheinz, NASA workers who were cleaning suits and tools after an Apollo mission likely pocketed it.

Sherlock Holmes had his bees in Sussex to keep him busy when he left Baker Street; Gutheinz had his moon rocks. He had expanded his operation from the University of Phoenix to a local community college, where, since 2004, he had taught criminal justice in classrooms with infrared cameras and armed guards. He didn’t have the money or manpower he’d had at NASA, but finally he had adequate security. In his law office, a table pushed up against the far wall held a stack of homemade books he created to chronicle his lunar investigations. At home he had a hope chest full of these books, containing newspaper clippings and emails from his old NASA cases. “I don’t have a pristine memory,” he said. “It helps me remember things.”

Lately, he’d been wrapped up in what could prove to be one of his strangest cases yet. In 2010, one of Gutheinz’s online students, an autoworker in Michigan, had tried to track down a moon rock given to Alaska after Apollo 11. When she called up the state museum and told the curator what she was looking for, he was interested enough to help. He discovered that, in 1969, the state transportation museum had indeed been charged with taking care of the rock. It placed the stone in a small glass case and put it on display. But four years later there was a fire at the museum, making the state of Alaska the fourth known party to have the building intended to house a moon rock destroyed. No one knew what had happened to the plaque after that.

To make matters worse, the student could find no paper trail beyond a government-run exhibit in early 1971 at the Chugach Gem and Mineral Society, a local potluck-throwing club for “individuals and families interested in mineral collecting and lapidary.” After a semester of fruitless searching, she published her assigned editorial in an Anchorage newspaper, asking for information. “With help from the good citizens of Alaska,” she wrote, “I am confident we will be successful.”

After the article came out, Alaska’s museum curator received a request from a lawyer in Seattle for all of Alaska’s records about the 1973 transportation-museum fire. The curator was suspicious, given the timing of the request and the scant conceivable reasons that a lawyer from Seattle might be interested in a three-decades-old fire at a transportation museum way up in noncontiguous Alaska. “He didn’t say anything about moon rocks … it was kind of strange,” the curator told a local reporter at the time. “We had no idea what they were getting at.”

In December 2010, he got his answer. The lawyer served the state of Alaska with a complaint from his client, a fishing-boat captain who demanded to be recognized as the legal owner of the rock, which he claimed to have rescued from the museum fire in 1973. The moon rock was being kept in an undisclosed location in Asia. The client, a man named Coleman Anderson, also happened to be the captain of the king crab boat Western Viking, featured on the first season of the popular reality-TV show Deadliest Catch.

Anderson stated that a few days after the fire in 1973, as a 17-year-old kid in Anchorage, he was exploring the rubble when he came across the Apollo 11 moon rock plaque, covered in a melted material. At this point, garbage crews were just shoveling away the debris. He thought the moon rock looked “cool”—“a neat souvenir”—so he decided he’d save it from extinction. He took it home, “in full view of the garbage-removal workers,” his lawyer would state, and scrubbed the moon rock clean with toothpaste. Without him and his toothbrush, he claimed, this piece of the moon would have wound up in some snow-covered Alaskan landfill. And anyway, this was 1973: “The plaque was considered not to have any real monetary value because it was assumed moon trips would become a near everyday occurrence.”

If Alaska wouldn’t let him keep the rock, he expected to be compensated for it. He didn’t specify an exact amount. That would be “proven at trial”—a trial where it is almost certain that Anderson will bring up Rosen’s $5 million price tag for the Honduras moon rock, as well as Lofgren’s confirmation of that price and Gutheinz’s ongoing reaffirmation of it in the media.

At the time I met Gutheinz, neither he nor his student were buying Anderson’s story. “It’s fishy,” said the student. After Anderson’s lawyer filed his information request with the museum, the curator had unearthed a file revealing that after the 1973 fire, two employees had seen the rock still in its glass display case. It wasn’t until a few days later that another worker noticed that the case was empty, with a square marking the dust around the spot the plaque had sat.

At the time, the employee assumed the museum’s then curator, a man named Phil Redden, had taken the rock home for safekeeping. But Redden denied it, so the investigation was filed in the museum’s inactive drawer. It might have been understandable that there was no mention of Redden in Anderson’s statement to the court. Redden died in 1998 and a year after the fire had moved to South Dakota to take up a humble life of antiques restoration, square dancing, and card playing. By all accounts, his life had little to do with the moon rock in question—save for the last paragraph of his obituary: “Mr. Redden is survived by his … foster son, Coleman Anderson.”

Gutheinz’s student believed there could be some sort of scheme behind the claim. It was, to her and the detective, an unlikely coincidence that Anderson just happened to be the son of the same museum curator that an employee had once suspected of taking the rock. But, as in the case of Rosen and Honduras, it was now up to the court to decide. Gutheinz told me he was sure the state would get its rock back.

In the meantime, there was other work to do. Things moved more slowly around Friendswood than they had at NASA, but they moved forward nonetheless. A few months earlier, he had published an editorial in the Cyprus Mail titled “Houston, We Have a Problem,” continuing his crusade to force NASA to return that nation’s rock. At the moment, he was helping New Jersey’s attorney general launch an investigation to find the state’s piece of Sample 70017. He hoped to do the same in New York. All told, the Nixon and Ford administrations passed out 377 moon rocks between the Apollo 11 and 17 missions. In the past 14 years, Gutheinz had personally helped track down 77 of them; 160 were still missing. The 56-year-old detective took another sip of his Diet Coke. He was looking exhausted, and it was time for me to go. As I got up, he stopped me with a wave of his hand. “Grab one of those little moon rocks on my desk,” he said. “It’s yours. You can have it.”