The End of Forever

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The End of Forever

What happens when an adoption fails?

By Rowan Moore Gerety

The Atavist Magazine, No. 86


Rowan Moore Gerety is a reporter and radio producer. He is the author of Go Tell the Crocodiles: Chasing Prosperity in Mozambique (New Press, 2018).

Editor: Jonah Ogles
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Adam Przybyl
Photography: Johanne Rahaman, Rowan Moore Gerety, and courtesy of Deon and Gladina Richards

Published in December 2018. Design updated in 2021.

1.

Of her five children, Djenane Phadael Estimé was hardest on two-year-old Marie Jacqueline. Djenane said that the little girl was hardheaded, and she wanted her to grow up to be a good person. When Djenane got angry, she beat Jacquie, as her family called the toddler, with belts, plates, and shoes. Jacquie walked with a limp because of a broken femur that her parents had left untreated. In November 1999, she finally died.

One Sunday night, Jacquie complained of pain in her arm and couldn’t fall asleep. Djenane took her to a Haitian healer who treated injuries, no matter how severe, with a mentholated ointment. They returned to their home in Lake Worth, Florida, around midnight, and Djenane put Jacquie to bed. The next morning, the toddler wouldn’t wake up.

In a panic, Djenane called her niece Claire Dameus, who often left her own children at the Estimés’ while she worked as a nursing assistant. Dameus instructed Djenane to call 911, then drove over to the family’s one-bedroom apartment in Lake Worth, a working-class town north of Miami. She found her aunt cradling the stiff child as Djenane’s husband, Pascal, stood nearby. They hadn’t yet called 911, so Dameus did. The emergency operator told her to put Jacquie on the floor and perform CPR.

“Don’t go nowhere,” Dameus said to Djenane. “Everything is not easy no more. When 911 come in, they’re going to ask questions.”

Paramedics found Jacquie dead on the kitchen floor in a tiny red dress. The cause was recorded as multiple blunt-force trauma to the head, but it was impossible to say which of Jacquie’s injuries had killed her. There were nine distinct contusions on her head; at least one of them had caused hemorrhaging in her brain. Twelve of her ribs were broken. She had a black eye and a burn mark on her thigh.

The Estimés’ four other children were in the apartment when Jacquie died. Gladina, who would turn one the next day, was the only sibling who appeared to be unscathed. Pinder, age three, had bruises on his arms and scabies on his hands, chest, and back. Seven-year-old James, the eldest, had impetigo so severe that it had spread to his lymph nodes, and there were welts on his body consistent with a belt or electrical cord, though he insisted he’d gotten them from falling down.

Then there was Deon. The four-year-old had fewer outward signs of abuse or neglect than his brothers did, but he also seemed more afraid. Slight and wide-eyed, he barely spoke to the men and women in navy blue uniforms who whisked him and his siblings away from their home. In the hallway of the police station, waiting to be taken to a doctor, Deon played quietly with green plastic toy soldiers.

That night, Deon and Pinder were sent to a children’s shelter, while James and Gladina went to a foster home. Within 24 hours, Djenane and Pascal were charged and denied bail. The state of Florida pledged to seek the death penalty for Djenane for committing first-degree murder. Pascal faced up to 15 years in prison for his failure to intervene or notify authorities about the abuse.

The case made headlines as as one of the worst documented cases of child abuse in Palm Beach County. “Hey, that’s my mom!” James cried when he saw Djenane’s mugshot flash across a TV screen at the shelter, where he and Gladina eventually joined their brothers while authorities decided what to do with them.

Florida’s Department of Children and Families (DCF) placed the Estimé siblings in kinship care, which meant that they’d be fostered and potentially adopted by members of their extended family. First they lived with Dameus, the cousin who’d called 911, then with one of their mother’s relatives a few miles south, in Lantana, along South Florida’s Atlantic coast. In August 2001, they were sent to the outer limits of the state’s child-welfare system: to their grandfather’s house in Haiti. (International placement in kinship care is uncommon but not unheard of, especially in states with large immigrant populations, such as Florida, California, Arizona, and Texas.) In a picture from the day they arrived in Saint-Marc, a small coastal city in Haiti, the Estimé children pose with their grandfather, Merès, and two DCF staffers—“a white lady and a black lady,” Deon remembered.

It wasn’t easy to get the siblings to Saint-Marc. The DCF spent months making arrangements, which included finding a Haitian organization that could serve as a liaison until Merès formally took custody of his grandchildren. The agency was gambling on oversight, too. The closest U.S. government outpost was the embassy in Port-au-Prince, about 55 miles south of Saint-Marc, and a DCF caseworker would only be able to visit Haiti every few months. The main point of contact for the Estimés would be an uncle who spoke halting English and lived in the capital. Still, family was family, so the DCF left the four children and $500 with Merès.

The Estimés felt at home in Haiti. Deon and his brothers had been born there and spent the first few years of their lives in Saint-Marc, before moving to Florida. Now they played chicken with cars along the main road and hitched rides on motorcycle taxis to get to Liberty Academy, a small private school run by American missionaries across the street from the Caribbean Sea. In a jungle of vines near Merès’s house, they played hide-and-seek and picked Spanish limes with the freewheeling kids who lived in a cluster of thatch-roofed houses nearby. They weren’t supposed to be there, but the risk that they might get caught by the pig farmer who owned the land was part of the fun. “Everybody said that the guy chopped off people’s heads,” Deon recalled.

One day the kids spotted the farmer, and most of them scrambled over a fence to safety. Deon—six years old, scrawny, and seconds too slow—got caught. “Merès! That’s my grandfather!” he blurted out. The man’s face softened, and he let Deon go. The next day, Merès brought his grandson back to the farm with a bucket of slop for the owner’s pigs. “People would be trying to sneak to get Spanish limes,” Deon said. “But all you had to do was feed his pigs and he would give you some.”

Having children in his house proved to be a strain on Merès. He had a business hauling loads of rocks from riverbed quarries to construction sites in a dump truck. With grandchildren at home, “I wasn’t able to work,” he said. “I had to go back and forth to school, to drop them off, to bring them lunch money at noon.” The funds that the DCF had given him didn’t stretch very far. “Five hundred can’t do anything for a year,” Merés said. “To give the kids three meals a day, to buy beds.”

When a DCF caseworker came for a visit, Merès asked for support. Instead, the caseworker decided to take the kids back to Florida. Deon remembered his grandfather sitting him and his siblings down before they left. “He said he couldn’t take care of us anymore, and that the next day, people would be coming to take us back,” Deon said. On August 12, 2002, a year and ten days after arriving in Saint-Marc, the kids boarded a flight back to Florida.

By then, Djenane had pleaded guilty to second-degree murder and been sentenced to 38 years in prison. Pascal had already been released after serving two years for lesser charges. Both had signed away their parental rights. Because Deon and his siblings were minors, they weren’t named in news stories about their sister’s death and the case against their parents. The kids asked about their mom and dad all the time, but they hadn’t seen either one since the day they were taken into custody.

Because the DCF had exhausted the available options to place the siblings with family members, the Estimé children now fell into a different pool of kids overseen by the state of Florida. They were potential adoptees, children in need of new parents altogether. For the state, the goal was permanency, a home where the siblings could live safely until they turned 18. For the kids, it was something more: a forever family. Deon would get neither.

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From left: Arrival in Haiti; Deon’s adoption-agency photo. (Courtesy: Gladina and Deon Richards)

2.

The Estimés’ return to Florida coincided with a sweeping overhaul of the state’s child-welfare system, led by then governor Jeb Bush. Between 2000 and 2002, the DCF handed off responsibility for licensing, case management, and adoption in the foster-care system to a constellation of firms contracted on a county-by-county basis. This model of privatization, called community-based care, was hailed by the governor as a path forward for an underfunded and overcrowded system considered one of the worst in the country. Yet it was unproven and controversial. State officials acknowledged that pilot programs in the late 1990s had failed.

Melissa Neeley was a bubbly 26-year-old when she started working in the community-based-care system. After college she’d worked with the families of developmentally delayed children in Texas. Then she moved across the country and took a job as the manager of a chaotic group home in Lake Worth, where she made $10 an hour and fielded midnight phone calls about psychiatric commitments. “I wouldn’t say I had no idea what I was doing, but I wasn’t in my happy place,” Neeley recalled. One day an adoption caseworker encouraged her to apply for a position at Children’s Home Society, the nonprofit tasked with overseeing foster care and adoption in Palm Beach County. Neeley got a job as a case manager and was promptly handed 40 files, more than double the workload prescribed by the state.

The children whose lives were laid out in that paperwork were scattered in homes as much as an hour’s drive from Neeley’s office in West Palm Beach. Florida law requires caseworkers to visit each of their charges at least once every 30 days, but many of Neeley’s kids hadn’t been seen in months. Recruitment of adoptive parents had stagnated. It was difficult work, but Neeley found that her friendly bearing helped repair relationships with foster parents who had soured on her predecessor.

The Estimé kids were among her first cases. Gladina, too young to remember what her family had been through, was growing into a spunky, confident child. Once, sitting in Neeley’s office, she burst into tears when she learned that one of the interns there was blind. When Neeley asked why she was crying, Gladina whimpered, “Because she can’t see how cute I am.” James and Pinder “had defiance in their blood,” Neeley remembered, and still seemed to be processing the abuse they’d experienced. Staff from the DCF believed that Pinder may have been hiding in the room where his mother beat Jacquie the night she died. Sometimes, Pinder wouldn’t even speak to Neeley—he would just size her up from across the room.

Deon was different. “He was so sweet,” Neeley said. Somehow what had happened to his family “didn’t touch him quite as roughly.” A DCF report written just before his ninth birthday described Deon as “a well mannered, likable” boy who loved “to swim, play football, and ride his bike.” Still, there were hints of lingering trauma from his early life and the bewildering experience of being uprooted. The report described a child coping with unimaginable pain. “It is hypothesized that Deon cries and refuses to talk to a trusting adult when his feelings are hurt in order to avoid further feelings of sadness, grief, or loss,” the report observed. “[Deon] often changes the subject to avoid discussing his past experiences with his biological family.” It suggested three alternate coping mechanisms: “hugging his teddy, watching TV, and playing video games.”

Neeley—or Miss Melissa, as the Estimés called her—conducted home visits and interviewed prospective adoptive parents to see if they’d be a good fit for the siblings. She was determined to find a family that would be willing to adopt the four children together, however unlikely that might be. “I wouldn’t budge on that, because they had already lost too much,” Neeley said.

For a while, the siblings were in three foster homes in three different towns. Only Deon and Gladina were together, in Belle Glade, a town of 17,000 people nestled among sugarcane fields in a swampy stretch of Florida between Lake Okeechobee and the northern Everglades. Their foster mother was a deeply religious woman named Mrs. Clark who sent Deon to a small Christian school called Miracle by Faith. On Sundays, she took him and Gladina to church in a neighbor’s garage, which had been decked out with a stage and plastic chairs for pews. Clark was a strict disciplinarian who cared for four or five kids at once and didn’t hide the fact that she considered foster care a business. Foster parents are often given stipends by the state; in Florida at that time, the amount was roughly $15 per child per day.

Mrs. Clark was a strict disciplinarian who cared for four or five kids at once and didn’t hide the fact that she considered foster care a business.

“They always let me know, ‘Hey, we’re not your family,’” Gladina recalled of Clark and her Jamaican boyfriend. The kids weren’t allowed to socialize outside the house and spent their afternoons inside, watching Dragonball Z on TV. They were scolded for taking food from the kitchen without asking. “Tell the truth. God’s watching,” Mrs. Clark would say.

During visits, Neeley noticed an unhealthy fear developing in Deon and Gladina. When another driver cut Neeley off on the highway one day and she swore out loud, Gladina, strapped into the back seat, began to sob hysterically. “You’re gonna go to hell now,” she said. “God’s gonna punish you because you said a bad word!” As Christmas approached, Neeley made the rounds to the kids in her organization’s care, giving each one a plush brown teddy bear with a bow tie. When Deon got his, he promptly walked across the room and gave it to Mrs. Clark. “You deserve this teddy bear for putting up with a child like me,” he said. Neeley was shocked. She watched Gladina look around the room as she clutched her own bear. “She looked torn, wondering if she was supposed to follow Deon’s lead and give her the teddy bear, too, or if she was supposed to keep it because Miss Melissa gave it to her,” Neeley said.

Things were worse than Neeley knew. Mrs. Clark had once yanked Deon’s ear so hard that she ripped the skin where it connected to the boy’s head. When teachers sent Gladina home early from preschool after a bookshelf fell on her, Mrs. Clark spanked the little girl for disrupting her daily schedule, then made Gladina sit in a corner until Deon got home. Gladina was four at the time. “I used to pee the bed every day,” Gladina said. “To avoid them beating me from peeing the bed, I would throw the clothes in the washing machine.”

Then one day, Deon tangled with Mrs. Clark’s boyfriend and mustered the courage to pick up the house phone and dial 911. Bit by bit, a damning picture of the home came together on Neeley’s desk. Deon and Gladina were removed. “Mrs. Clark didn’t stay in business too long after that,” Neeley said.

In September 2004, Deon and Gladina were sent to Real Life Children’s Ranch, a sprawling, faith-based group home in Okeechobee where more than a dozen children lived in four bungalows, each overseen by what the ranch called “professional parents”—often a husband and wife who lived on the property with their own children. Deon arrived a few weeks after the start of fourth grade, a gangly four feet seven inches tall and 71 pounds. He was shy but excited to be among a crowd of kids. The ranch felt like it was part family farm, part summer camp, where children fed and watered the ranch’s animals as part of their daily chores. In the afternoons, they could float on inner tubes in a fish pond or spring off a trampoline into the water. Boys and girls lived in separate houses, but Deon and Gladina saw each other every day on the school bus. Gladina took comfort in knowing that her big brother would wake her up and make sure she got off the bus at the right stop if she fell asleep.

Still, the constant upheaval in Deon’s past had consequences. He had always struggled to stay focused in school. Now he bristled at authority and was repeatedly suspended for mouthing off at teachers. Professional parents at the ranch had him fill entire notebooks with the phrase “I will not use curse words” and show the notebooks to Neeley when she visited.

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From left: Deon, Gladina, and James; Deon and Pinder. (Courtesy: Gladina Richards)

Adoption was the subject of constant speculation at the ranch, but none of the kids really understood how it worked. Would-be parents showed up to spend time with children they’d singled out on an adoption agency’s website, where they could view head shots and brief bios of the children. Other kids would watch and listen, hoping to pick up tidbits about the lives on offer to their friends. They focused their enthusiasm less on an emotional connection with adoptive parents than on the trappings of family life: a big house, a pool, toys, go-karts.

Deon knew that things didn’t always work out like kids hoped. One family who had expressed interest in adopting all four Estimés when Deon and Gladina were still in Belle Glade backed out when they absorbed the details of James’s and Pinder’s case files. At the time, James was 12, an age when he was half as likely as a younger child to be adopted. Nine-year-old Pinder, meanwhile, had been diagnosed with bipolar disorder and was taking an antipsychotic medication. Neeley started to worry that keeping the siblings together might be impossible. “There comes a point in any adoption case that you start thinking, Which is more important, keeping them together, or getting them out of this system as quickly as I can?” Neeley said. “It doesn’t matter how good a system it is, it’s still a system. It’s not a family. It’s not home.”

Shortly before Christmas in 2005, Deon and Gladina went to a restaurant with other kids from the ranch on the way back from church. Gladina noticed a black couple in their late thirties at the other end of the table. Eventually, they came over to introduce themselves as the Richardses. They didn’t have a family, but they wanted one. (The Richardses declined to be interviewed for this story.) When the kids loaded back into the ranch’s transport van, they peppered Gladina and Deon with questions: Do you know them? Are they going to adopt you?

Gladina had watched the movie Annie more times than she could count, and the way people around her talked about adoption made it seem like something she should hope for. Then again, she was happy at the ranch. “We’d already moved from a trash place to a better place,” she said. “You don’t test your luck.” Deon, meanwhile, couldn’t understand why he and Gladina would have to leave if they didn’t want to. “I wanted to stay at the ranch forever,” he said.

“It doesn’t matter how good a system it is, it’s still a system. It’s not a family. It’s not home.”

A few weeks later, the Richardses came back bearing McDonald’s—a Big Mac for Deon and a Happy Meal with chicken nuggets and a Little Mermaid necklace for Gladina. The couple took them to see the movie The Pink Panther and to tour their house in Orlando, which had a backyard shaded by a tall sycamore tree. There was a park with a baseball diamond just up the street. It looked like the type of place where a happy family would live, but Deon was hesitant. He thought he deserved the family he wanted. If adoptive parents got to choose kids, why couldn’t kids choose adoptive parents?

Florida’s child-welfare system is supposed to take kids’ opinions into account if they are “of sufficient intelligence, understanding, and experience to express a preference,” according to state law. It’s in no one’s interest for a child to go to a family they don’t like. But how does one determine that a child is old enough or understands enough about their situation to raise an objection? When Deon announced on a car ride with ranch staff in early 2006 that he didn’t “want to go with that frickin’ family,” one of his professional parents scolded him for being ungrateful. “After that I stayed quiet,” he remembered.

Neeley had noticed that Deon and Gladina didn’t seem to form as strong a bond with their prospective family as some kids do, but the Richardses were new to parenting. Besides, Neeley thought, these were easy, happy-go-lucky kids. “Deon and Gladina didn’t have any of the behaviors that would make you say, ‘Oh, I really need a family that has raised kids before,’” she explained.

In June 2006, during the adoption ceremony at the Palm Beach County courthouse, a judge looked Deon in the eye and asked if he had any reservations about the Richardses adopting him. He stayed quiet.

3.

Deon and Gladina moved in to the Richardses’ L-shaped ranch house on Cedar Bay Road, at the north end of an Orlando subdivision called Dover Estates. They each had their own room. Fridays were family night, which meant playing games, eating at restaurants, or going to the movies. Deon and his new dad put together model cars and launched a toy rocket in the neighborhood park. Mr. Richards was a commercial pilot at AirTran, and his job afforded the family free plane tickets when they flew standby. They took getaways on a moment’s notice. In Washington, D.C., they visited museums on the National Mall, and Deon posed in front of a green screen for a photo that showed him in a suit, shaking hands with President George W. Bush. In New York City, they went to Times Square and the Statue of Liberty. In Maryland, they visited Mrs. Richards’s extended family; once they went up for a single day, just to attend a cousin’s birthday party.

A few months after Deon and Gladina moved in with the Richardses, Pinder was adopted, too, by a Cuban American family that lived outside Miami. The Perezes had three biological children of their own, two boys and a girl. The setup was “kind of like our original family,” Deon said. After Pinder’s adoption, the Perezes drove up from South Florida to meet Deon and Gladina in Orlando and brought them on family trips to SeaWorld and Disney World.

None of the Estimé kids had seen their parents since the day they first went into state custody, seven years earlier. For James, the only sibling without a permanent solution, the lack of closure was devastating. By middle school, he was stealing cars and running away from his foster home. He lived with the family of a retired sheriff’s deputy in Royal Palm Beach. They wanted to adopt him, but James resisted. “Y’all are not my family,” he said. Neeley, whose involvement with the other Estimé kids ended when they were adopted, was still responsible for James’s case. She thought he might be acting out in frustration at being apart from his siblings. “When James was worried about what was going on with them, his behavior was ten times worse,” Neeley said.

She arranged for him to spend a few days with the Richardses around Christmas 2006. When he got to Orlando, James was relieved to see that Mr. Richards liked planes and action figures. This man’s a nerd, but at least he’s not an alcoholic, James thought.

James returned a second and third time over subsequent holidays, and he started to talk about moving to Orlando. He gushed to Neeley about how Mr. Richards had promised to take him up in a Cessna prop plane. Neeley was apprehensive. She knew James to be angry and mercurial, and he’d been held back twice in school. “James is not Deon and Gladina,” she said. When she got a call from the Richardses in late 2007, she braced herself for the news that James could no longer visit. But that wasn’t what Mr. Richards had to say. “He told me they wanted to adopt James, too,” Neeley said.

Meanwhile, Deon was struggling to adjust to his new parents’ rules. Kids at the ranch were taught to be polite and address adults as sir or ma’am. They were told to say dang instead of damn and heck instead of hell, and to never take God’s name in vain. Though he was used to a relatively strict environment, the Richardses’ idea of manners caught Deon off guard. If he answered “What?” when Mrs. Richards called his name, she’d shoot back, “Don’t what me!” If he or Gladina spoke in a tone of voice she didn’t like, their mother sometimes slapped them across the face.

Once, while the family was in the Orlando airport, returning from one of their trips, Deon and Mrs. Richards got in an argument, and he told her, “I hate you.” When the family got home, Mr. Richards spanked Deon. Corporal punishment became one of the Richardses’ methods of dealing with bad behavior. Gladina said her father regularly gave them “whuppings,” meted out on bare skin with a belt or a wooden paddle. Once, in Deon’s telling, he and Pinder, who was visiting, were riding bikes borrowed from a neighborhood friend when Mr. Richards drove past and ordered them home. He accused Deon of stealing the bikes. Deon shouted back, “I didn’t steal those frickin’ bikes!” His father retorted, “Who do you think you’re talking to like that?” and began hitting him on the back and legs.

James, whose adoption had been finalized, smoked joints on the bus and picked fights at school, but he was careful not to act out at the Richardses’ home—he didn’t even grumble about having to attend early Sunday services at the family’s Baptist church. Together, he and Mr. Richards bonded over a love of cars, working on a blue 1984 Monte Carlo that Mr. Richards was fixing up. It reminded James of working with his grandfather in Haiti, grabbing tools as they tinkered with the dump truck in the driveway.

James shared a room with Deon, where they had a PlayStation and a weight bench, but the brothers barely knew each other by then; they hadn’t lived together since coming back from Haiti five years earlier. Now, at opposite ends of puberty, the three-year age difference between them felt huge. Deon was into basketball and football and decorated the walls of their room with posters from Sports Illustrated. James was more interested in girls and going out with friends. Some days he didn’t come home until it was time for bed. Deon only remembers really bonding with his brother when James agreed to help him prepare to go out for freshman football; they played catch together in the back yard.

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From left: Family trips to New York City and Washington, D.C. (Courtesy: Deon Richards)

The summer before ninth grade, Deon tried out for the team with his friend Shaquille Evans. Shaquille was put on the roster as a running back. Deon made the team, too, but his parents wouldn’t let him play—they said he needed to do better in school first. It was true that he rarely did homework and dodged questions about grades, but Deon felt like he had nothing to work toward without sports.

Gladina tried to tune out the arguments between her brother and their parents. When they fought, she would close the door to her bedroom and turn up the volume on reruns of Saved by the Bell and The Golden Girls. “The TV was my best friend,” she said. When things got particularly heated, Deon would sometimes spend the night at Shaquille’s. His friend’s mother, Nicky, was warm and welcoming. She’d had the family’s driveway widened just so her son and his friends had more room to play pickup basketball. Deon took to referring to Mrs. Evans as Mom.

James had always encouraged Deon to keep the peace with their parents, but by the time things really went south with the Richardses, James was gone: Just before Christmas in 2009, the 17-year-old left the house after an argument about cutting the lawn and never returned. His stuff stayed in the room he’d shared with Deon.

The Richardses took an increasingly hard line with Deon. They changed the locks and told him to stay out of the house until Mrs. Richards returned from work at 8 p.m. Gladina recalled her parents’ rationale as “OK, you want to be grown? You’re grown now.” That only made Deon want to leave more. He slept at friends’ houses, sometimes sneaking back in through his bedroom window to grab a change of clothes. One Friday at 11 p.m., before a weekend when Deon was grounded, he stormed out of the house wearing only a T-shirt and red basketball shorts. After 48 hours passed, the Richardses filed a missing person report. Deon finally came home on Tuesday.

Nicky Evans thought Deon wasn’t treated well at home and should consider reporting the Richardses to the DCF. But she could see that he was worried about getting split up from his sister, so she encouraged him to diffuse the tension, even sending him back home on occasion to make up with his mother. “He was always saying he just wanted to get older so he could get out,” Evans recalled. “I said, ‘Deon, whatever your mom asks you, just do it. You’re almost there.’” But Deon felt himself losing control.

Finally, he snapped. One day, about six months after James left, Deon was suspended from school and tried to hide in the closet until Mrs. Richards left for work. When she found him, she started throwing his sneaker collection into trash bags—ten pairs of shoes he had either traded for or bought with proceeds from a job passing out fliers for a local pizzeria. According to Deon, his mother accused him of stealing them and he lost his temper, threatening to blow up the house and break the windows of her new Chrysler Pacifica. Mr. Richards, who was also home, demanded that Deon, who was 15, go to the garage to be spanked. When Deon refused and left the house, Mr. Richards called the police. They found Deon at a friend’s and arrested him for “threats to do harm” to his mother.

Gladina worried that Deon’s relationship with the Richardses had reached a breaking point. She was terrified that he’d leave, like James had. You couldn’t stay just for me? she thought.

The next day, an investigator from the DCF came to the Richardses’ home and heard competing stories of what had happened. Both parents said Deon had threatened them, while the teenager claimed that the Richardses had abused him. As the investigator tried to make sense of things, she was working with limited information: It was 2010, and Florida’s child-welfare groups were in the process of integrating three separate data systems that tracked case histories. Deon’s pre- and post-adoption information should have been linked, giving the investigator access to records dating back to 1999, when Deon was taken from the house in Lake Worth where Jacquie died. In practice, though, access to information in cases like Deon’s was scattershot. The investigator noted that Deon’s tendency to run away “may be indicative of abuse in his past” and that he’d been adopted because his birth mother “beat his sister.” It isn’t clear if she knew anything more specific about Deon’s early life.

The facts on the ground that night suggested to the investigator that the family was at least stable. The Richardses had no criminal history and said they wanted a better future for their son. According to the investigator’s report, Mrs. Richards said that Deon was going through a rebellious stage and that he needed mental-health treatment, though there’s no evidence that she attempted to connect Deon with a therapist. (In fact, Deon had not received counseling since being in foster care in Belle Glade.) Mrs. Richards acknowledged using corporal punishment, though Mr. Richards denied it. Gladina corroborated Mrs. Richards’s assertion that Deon was often the aggressor in conflicts with their parents.

Both parents said Deon had threatened them, while the teenager claimed that the Richardses had abused him.

The Richardses seemed eager to follow up on the investigator’s suggestion that they seek family counseling, and Mrs. Richards signed a “safety plan” promising that she and her husband would not use corporal punishment. Deon entered a diversion program that would keep the misdemeanor charge off his record once he’d completed probation. The DCF investigation was closed within a few weeks.

Over the next several months, the situation didn’t improve. Deon worked out with a basketball team but quit when he realized he’d need his parents’ help to pay for travel and get a doctor’s permission to play in games. Arguments over washing dishes and picking up dirty clothes quickly escalated. In September 2011, four weeks into Deon’s junior year of high school, he got out a loaf of bread in the kitchen to make a sandwich. Mrs. Richards thought he was taking it to his room and blocked his path—one of the house rules was that the kids couldn’t eat in their bedrooms. She grabbed at the loaf, and a scuffle ensued.

What happened next is disputed. Deon said he suddenly let go of the bread, causing Mrs. Richards to lose her balance and fall backward. Mrs. Richards said Deon shoved her and that she had to hit him to defend herself. She dialed 911 and told the dispatcher that her son had pushed her. When the police arrived, they arrested Deon for battery. The only injury noted in the incident report was Mrs. Richards’s broken pinkie nail.

When a DCF investigator visited the house, Mr. Richards said that he’d bought a gun for the first time in his life. “I am not going to confront Deon empty-handed,” he said, according to the investigator’s report. “I will use a firearm to protect my family.” The shape of Deon’s life seemed to shift with those words: He was an outsider, not a son.

Deon was sentenced to a year of probation. The court stipulated that he complete 15 hours of community service, submit to random drug tests, write an apology letter to Mrs. Richards, and “obey parents.” The DCF again concluded that what was happening in the family didn’t require intervention. “No indicators of inadequate supervision,” the investigator’s notes stated.

The family was scheduled to begin counseling, but Deon showed up high to one of the sessions and refused to participate. The next month, he landed in the hospital after he used K2, a legal but potent concoction of synthetic cannabinoids that left him passed out on a friend’s lawn. When a DCF staffer suggested sending Deon to a youth shelter to give the family time to cool down, Mr. Richards said that he and his wife had already tried “everything.” The DCF staffer noted in a report, “Parents stated they were done with child and that the department could do what they needed to do to take the child in custody. The father said he … will do anything to keep [Deon] out the home.” For reasons that aren’t clear, the agency’s conclusions about the family’s dynamic were dramatically different than they had been just weeks earlier: “Parent talks about child in predominantly negative terms, hasn’t met child’s basic needs, risk of violence, escalating incidents.”

Still, Deon stayed with his parents until one night in mid-December, when he came home late and Mr. Richards, suspecting that Deon was high, refused to let him into the house. Deon kept ringing the doorbell until his father shut off the fuse. “Call the police!” Deon taunted from the yard. “I know the routine.” When he did make it inside, Deon went to the kitchen where, Mr. Richards told police, he started “verbally attacking” his mother and “pushing her into the cabinets.” Mr. Richards got his wooden paddle and hit Deon until the teenager went to his room.

The police returned and arrested Deon. He would never set foot in the Richardses’ house again. His adoption had failed.

4.

The perils of foster care are well documented. The number of placements and the length of time children spend as wards of the state are linked to higher rates of juvenile delinquency and teen pregnancy, and to lower earnings as adults. After an adoption, the risk and uncertainty of foster care is supposed to resolve into a bond with a family that the child will keep for the rest of his or her life.

The reality, though, is that adoptions sometimes fall apart, leaving children in a precarious position. The phenomenon isn’t well studied or understood. Once an adoption is finalized, welfare agencies typically end contact with children and their new families. Adopted children also tend to move and change their names, making it difficult for researchers to gather enough data for rigorous analysis. “You have to have access to a sizable group of people,” said Trudy Festinger, a professor emeritus of social work at New York University who performed one of the few studies on the phenomenon of failed adoptions. “Where do you go to get that?”

What data there are suggest that the vast majority of adoptions are successful. But small studies have found that somewhere between 0.5 and 8 percent of children adopted out of foster care no longer live with their parents after four years. According to the Department of Health and Human Services, a number of factors can play a role in failed adoptions, including a child’s history of sexual abuse, emotional or behavioral problems, the number of siblings the child has, whether the adoptive parents have raised children before, and, most importantly, the child’s age. Adoptions of teenagers fail far more often than those of younger children.

If an adoption is going to fizzle, it usually happens during the trial period, before the arrangement is finalized in court. This is called a disruption, and the kids return to foster care as the search for an adoptive family resumes. Adoptions that break up after becoming legally binding are called dissolutions, a process that requires a court to terminate parental rights. From 2012 to 2017, the DCF counted 348 dissolutions out of nearly 17,000 adoptions statewide, or roughly 2 percent of the total.

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Deon (left) with a friend in Miami. (Photo: Johanne Rahaman)

Other adoptions fall apart but are never legally dissolved. When Deon’s parents kicked him out for good, the 16-year-old found himself in limbo: He was a juvenile lockout, which meant that he couldn’t go home although the Richardses were still his legal parents. He spent the night of his arrest in juvenile detention and then went to a weeklong, court-ordered rehab program for marijuana and K2. When he got out, Deon said, “instead of the Richardses coming to pick me up, it was somebody from DCF.”

He reentered foster care. The state’s position was that family reunification was still in Deon’s best interest, but in court the Richardses requested a no-contact clause, which prohibited Deon from reaching out to them and suspended any family counseling. Still, because the Richardses had parental rights, caseworkers had to ask their permission for everything—from sending Deon to get a haircut to obtaining his state-issued ID. The family also remained entitled to a $300 monthly adoption subsidy until Deon turned 18. The court ordered the Richardses to pay $150 a month in child support after Deon moved out, but according to a judicial review, they only sent him the money once.

Gladina was caught in the middle, left at home with the basketball she’d bought Deon for Christmas; he’d been removed from the home before she could give it to him. When she asked the Richardses how Deon was doing, they told her not to worry—he was being taken care of. She only saw her brother twice in the spring of 2012. On one of the visits, she told him that the Richardses were planning to move to Atlanta. Deon told a caseworker, who reached out to remind the family that they were required to inform the DCF if they relocated. Mr. Richards responded that there was no firm timetable for the move.

In June, as soon as Gladina finished the school year, the Richardses relocated to Georgia and ceased all contact with the DCF. They didn’t leave a forwarding address.

5.

After leaving the Richardses’, Deon had moved into Great Oaks Village, a county-run group home of stucco cottages situated on a leafy campus outside downtown Orlando. It was January when he arrived, and he walked around in shorts and a T-shirt even though it was 50 degrees outside because his other clothes were too small. His toes broke through the basketball shoes that the staff had given him; afraid of seeming ungrateful, he didn’t want to admit that they were too small. The kids at Great Oaks fought and stole from one another, but they also shared stories of trauma and loss without judgment. Seven- and eight-year-olds spoke with authority about drug use; teenage girls talked matter-of-factly about sexual abuse and rape.

To employees, Deon seemed like a kid who was adrift and angry at the world. During the six months he was under their care, he was the subject of five missing person reports, filed each time he left the facility for more than four hours without permission. He had never been diagnosed with any clinical disorders, but a social worker’s assessment from Deon’s time at Great Oaks contains a stark list of the experiences he carried with him:

Failed adoption placementLack of primary supportSeparation of siblingsAdoptionBiological parents are incarceratedDeath of a siblingHistory of multiple foster home and school placementsJuvenile justice involvement

With the Richardses out of his life, Deon reached for the closest thing he still had to family: the Perezes. His brother Pinder had a cell phone, a pool in his backyard, a gaggle of relatives who showed up for Thanksgiving, and—most enviable to Deon—a father who coached his kids’ sports teams. In June 2012, Deon moved to Ft. Lauderdale to be closer to the family, but he hesitated to push for the close connection he craved, fearing it could strain his relationship with his brother.

He spent three months at a for-profit boys’ shelter called Crescent House, where neighbors complained of drugs, fights, break-ins, and vandalism, and police averaged two visits a week. Deon avoided most of the trouble thanks to his friendship with his roommate, the biggest kid there. “If he didn’t like you, you had a bad time there,” Deon said. (The city received so many complaints that it shut Crescent House down in 2016.) Deon wasn’t able to enroll in a GED program because he didn’t have an ID and couldn’t get one without help from the Richardses. With no identification, he was also unable to get a job, sign a lease, or open a bank account.

After he turned 18, in January 2013, Deon was finally free to make some of his own choices. He moved back to Orlando, landing at a group home for young adults who had aged out of foster care. He enrolled in a state program that would provide him with up to $1,200 a month until he was 23 years old, as long as he could show proof of employment or full-time enrollment in school. But Deon teetered on the edge of being able to do either. He was hired at a business called Extreme Laser Tag, then fired for coming in late. He lost a job working the turnstile at SeaWorld after four months when he went to the cafeteria and tried to redeem a stolen meal ticket that a colleague had given him. He enrolled in community college, intending to work toward an associate’s degree in physical therapy, but he gave that up, too. “I wasn’t ready. I wasn’t committed,” Deon said.

Deon didn’t have an ID and couldn’t get one without help from the Richardses. With no identification, he was unable to get a job, sign a lease, or open a bank account.

In the fall of 2015, he returned to Miami and moved into the home of Pinder’s adoptive grandmother, where he didn’t have to pay rent and there was plenty of good Cuban food on the table each night. He tried school again, and between his state stipend and a Pell grant, he had more money than he’d ever seen in one place. Pinder’s dad, Mario, urged him to go out for the college basketball team. But then Pinder’s grandmother found pot paraphernalia in Deon’s clothes while doing the laundry. In the spring of 2016, she told him he had to move out.

Deon, then 21, decided to try living on his own for the first time—no adoptive parents, no group-home supervisors, no sympathetic quasi-grandmothers. He had $3,000 saved up, and he gave a friend a few hundred bucks to sleep on his couch. The next six weeks ran together in a blur of blunts, fast food, and nights out at clubs. Deon was still taking college courses—earning B’s and C’s, doing about as well as he ever had. But everything else in his life remained precarious. “I had a lot of flashy things,” Deon recalled, “but I didn’t have anything.”

When a friend was robbed in a weed deal, Deon lent him $1,500, more than half the money in his bank account. Then Deon rear-ended a car while driving that friend’s BMW, and he knew he’d never get the loan back. When he got kicked out of his apartment, he started sleeping in another friend’s car, but a week later he lost all his clothes when the vehicle was repossessed. Deon and that friend resorted to sleeping on the poolside reclining chairs at a condo complex in the Miami suburbs for a few days. When it got cold, they retreated to the entryway to the pool’s bathrooms and woke up shivering as the sun rose.

Deon had finally reached his lowest point. As he saw his old friends from high school saving money and passing milestones, he realized that he’d been living passively, day to day. “I was just letting stuff happen to me,” he said. “A lot of people my age, they’d been working, they had cars, and I was just stagnant.”

6.

I first met Deon in 2017, while reporting on what happens when kids in Florida age out of foster care. I learned the outlines of his story then and got back in touch a few months later, to see if he’d be interested in plumbing his case files to learn more about why his adoption had failed. In the spring of 2018, we started to meet regularly for breakfast at a restaurant near where he was living. His order: a Cuban sandwich and a mamey shake.

Earnest and soft-spoken, Deon has a quiet charisma and the stooped, self-effacing walk of someone trying to seem smaller than he is. He still says dang, heck, and frickin’, a hangover from his days at the ranch. Lithe and muscular, he stands six-foot-three, and his hands are just big enough to palm a basketball. Deon still plays obsessively, practicing crossovers as he walks down the street, dribbling in his bedroom until the downstairs neighbors yell at him to stop. When he plays basketball, Deon says, he feels at peace.

We talked for hours as I jotted down the shards of memory he’d retained from childhood: the sounds of Haitian Creole, the taste of warm lettuce served over a plate of rice and beans, banging his shin on the edge of the bed while roughhousing. “I remember I got this scar, or do I still have it?” he said, reaching for his right leg. “Yeah, this scar right here.”

His case file offers a different kind of life history. In theory, every piece of paper from the time Deon entered foster care at age four, through his adoption at age 11, and into extended state care after he turned 18 should have been readily available to him once he requested a copy of his case file. Organizations that are part of Florida’s community-based-care system are required to keep records on kids in state custody until they turn 30. Deon and I made dozens of calls to the long list of agencies that came in contact with his case over the years, including the DCF, Children’s Home Society, Community Based Care of Central Florida, and many others. Hundreds or even thousands of pages had gone missing, particularly those from Deon’s early years in the system. In some instances, we had to prod the agencies repeatedly to get what documents still existed.

All told, we obtained more than 2,000 pages from Deon’s file, along with more than 1,000 from the investigation of his birth parents’ criminal case. They reveal a bevy of people who tried to help Deon: case managers, state-appointed guardians ad litem (who advocate for a child’s best interest in court), and independent-living coordinators. One person’s email signature read, “Choices… not circumstances determine what people make out of their life!!!!!!”

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Deon dribbling to a basketball court in his neighborhood. (Photo: Johanne Rahaman)

Yet for all their good intentions, the sheer number of people involved contributed to the problems Deon faced. In the bureaucracy of child welfare, the only constant for him was change: a new face when an old caseworker got promoted, someone who had to get up to speed on his life when the person who knew all about it suddenly quit or was transferred. Much of Deon’s case file is written as though no one will ever read it. One report from when he was 19 traces the path he could take to working as a physical therapist. “There are no identified barriers to reaching goals,” the text reads. “Deon is motivated and has many supports in place.” In staid language, Deon’s lack of support is framed almost as an asset: In lieu of a nuclear family, he had an endless roster of paid employees who divvied up parenthood’s material tasks.

I never had parents. When he finally said it out loud, Deon seemed surprised somehow, like he’d tried so hard not to wallow in the past that the thought hadn’t crossed his mind. “I never had parents—I never had parents at all,” he told me again. “Never, man.”

One day in 2014, Deon got a call from a man with a Haitian accent: it was his birth father, Pascal. He had become a Jehovah’s Witness and was renting a room from a fellow worshipper just a few miles away. Fifteen minutes later, Pascal pulled up in an old truck. “I thought it was going to be super special,” Deon said. Instead, the meeting was short and awkward. “We talked for a little bit, but there wasn’t really a connection,” Deon said. After a few minutes, Pascal said he had to go. The two spoke briefly on the phone a few weeks later, but they haven’t been in contact since.

In the fall of 2018, Deon also reconnected with his mom, Djenane, in prison. He didn’t write to her—he was too impatient for snail mail—but instead used a messaging service that allowed him to buy a set of 30 virtual “stamps” for $12. One stamp allowed him to send or receive a note. Djenane sent him a recorded video, which cost four stamps. In it, Deon saw his mom’s face for the first time since he was four. Djenane was almost 50. She wore a baby blue V-necked uniform, with her gray hair plaited in two thick braids that hugged the sides of her head.“I love you, I love you, I love you, my son,” she said to the camera.

Deon went quiet as we watched it together. He had yet to respond to the video—he’d run out of stamps, and before he could buy them he needed to get a job. “I appreciated the opportunity to speak with her,” he said. “It really kind of filled a void.”

Deon’s case is a revealing study of one of the starkest policy choices a society faces: Who should care for children whose parents, including adoptive ones, can’t shoulder the responsibility? In Florida, authorities have made modest efforts to improve post-adoption services. Since 2015, case managers have been required to pick up the phone and conduct a welfare check at the one-year mark. In annual reports to the state legislature, the DCF now flags what it calls preventable disruptions, cases in which services like family counseling might have helped an adoption go through if only they’d been made available.

It’s hard not to see moments in Deon’s life where different decisions might have led to different outcomes. Deon’s cousin who first called 911 when Jacquie died and his grandfather both say they would have adopted the four siblings if only they’d had more financial support; unlike foster parents who receive payments automatically, extended family must apply to receive a recurring stipend for kinship care, and Deon’s family members say they weren’t aware this was an option. For all the Richardses’ eagerness to adopt, if they had known more about raising older kids with a history of trauma, perhaps their relationship with Deon wouldn’t have frayed so quickly. A counselor who worked with the family noted that the couple didn’t seem to grasp the difference between parenting a five-year-old and a 15-year-old.

Then there were Deon’s own misgivings. When the judge asked during his adoption ceremony if he had reservations, the 11-year-old felt pressure to stay silent. “That’s like the biggest regret I ever had in my life, not speaking up,” he told me.

Deon’s case is a revealing study of one of the starkest policy choices a society faces: Who should care for children whose parents, including adoptive ones, can’t bear the responsibility?

I sent the DCF more than 50 questions while reporting this story; as of press time, it hadn’t answered any of them. I reached out to the Richardses several times, too, and spoke briefly to each of them—just long enough to explain that I wanted to write about how and why Deon’s adoption had fallen apart and the complicated emotions that must linger on both sides. Somehow they’d gone from claiming Deon as their son and wanting to love him forever to cutting off all contact, even as Gladina remained their child. Both Mr. and Mrs. Richards initially expressed openness to speaking with me but then declined to answer questions.

Deon still feels a measure of good will toward his adoptive family. He credits Mr. Richards with teaching him how to address strangers and potential employers. He acknowledges that the Richardses have been good for his sister. In high school, Gladina became a standout student and ran track. She graduated with honors, enlisted in the Army Reserve, and spent a semester at the University of Florida before deciding to become a firefighter.

Deon is the first to admit that he was a rebellious kid who sometimes acted out of spite. Looking back, he knows it must have been hard for the Richardses to adopt three children hardened by a life of abuse and contingency. James recently reconnected with the Richardses via Facebook, and Gladina says that her parents still ask about Deon sometimes. For Deon, though, losing his forever family has made it hard to hold on to anything else. Seven years later, Deon said, “I feel like I’m still getting my life fixed from the way things were at the Richardses’.”

7.

When he was sleeping by the pool in 2016, Deon admitted that going it alone wasn’t working. He called a youth-services coordinator at his old foster-care agency in Orlando. Within a few days, Deon had a spot at a nonprofit supportive-housing program in Miami called Casa Valentina. Deon moved into Casa Valentina’s young-men’s house, a two-story stucco building not far from Miami-Dade College, where he was taking classes. Rent was $300 a month for an airy, one-bedroom apartment where he could stay for two years as long as he attended group meetings on Tuesdays and met weekly with an educational adviser and case manager.

He was still a long way from where he wanted to be, but Casa Valentina at least brought Deon some stability. The year after he left the Richardses’, he’d moved nine times in ten months; five years later, he still hadn’t spent more than six months in the same place. He started to make friends playing basketball at a court at the end of his block. He left the program for a few months in January 2018, only to go broke and wind up selling food stamps at a corner store. Luckily, Casa Valentina let him come back, giving Deon a second chance to overcome what one staff member described as his penchant for self-sabotage.

Deon got a job working at a stand that rents chairs and beach umbrellas on Miami Beach. As the sun set one summer evening, he scooped up armfuls of towels and dragged stacks of chaise longues across the sand like a linesman doing football drills—leaning forward, calves flexed as his toes pointed into the sand. He chatted with people on the beach, including a man in his sixties who did daily calisthenics with his dog by his side. “He’s not barking today!” Deon remarked. A moment later, the yapping began. “I spoke too soon,” Deon quipped. He told me that the dog’s owner had grown up on the streets of Colombia, apprenticed as an acrobat in Spain, and spent decades as a traveling circus performer. “When you don’t have a family, you make a lot of friends,” Deon explained.

One Friday in 2018, Deon and I drove to meet Melissa Neeley at a restaurant in Lake Placid, Florida, near her new home and career as a social worker for hospice patients. She’d become a county director for the Children’s Home Society before deciding she needed a change of pace. She first heard about the trouble at the Richardses’ at a conference in Orlando a few years after Deon’s adoption was finalized. Neeley told me that she tried calling the family but never heard back. “I was heartbroken,” she said, “and then really, really angry. I wanted to say, ‘You made that commitment. Who the heck are you to back out of that without notifying me, without calling me and saying you need help? This is not the puppy you take back to the pound. This is a child, and you committed to being their parents in front of judges and witnesses and God.’”

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Melissa Neeley and Deon reunite at Cang’s. (Photo: Rowan Moore Gerety)

At the restaurant, a pan-Asian spot called Cang’s, Neeley stood up from her booth when she saw Deon for the first time in a dozen years, her arms outspread. They hugged, then their menus lay closed on the table for 30 minutes while they caught up. Neeley, arms crossed, looked up at Deon through oval glasses. Deon, grinning and fidgety as he basked in her affection, pulled up pictures from his siblings’ Instagram accounts. Together they scrolled through photos of Pinder’s trips to California and Paris, past James in a haze of smoke, to snapshots of all four Estimé kids in their rare moments growing up together. “That’s the little girl I know!” Neeley said when she saw an old photo of Gladina.

Neeley tried to help Deon look back on his missteps in the same way she saw them, as part of a lifelong negotiation to make the best of bad circumstances. “All you kids, you had so little control over your lives,” she said.

“After I left the Richardses’ house,” Deon said, “I just wanted to rebel, because I didn’t…”

“You didn’t belong anywhere.” Neeley said knowingly. “All I can think of is maybe they had expectations of who you were supposed to be. And you weren’t who they wanted you to be. That comes out a little bit wrong but…“

“Because we had expectations of what we wanted to be,” Deon said.

Deon declined Neeley’s invitation to order something he’d never eaten before—though he agreed to taste her seaweed salad—and opted for General Tso’s chicken. When the food came, Neeley instructed Deon on how to use chopsticks, laying one stick across the crook of her thumb and pinching the second like a pencil. The meal stretched over three hours, alternating between fits of giddy nostalgia and heartfelt reassurance.

“Now that we’re meeting again and talking and stuff like that, now I can put that chapter of my life to a close,” Deon said.

Neeley didn’t miss a beat. “What are you going to do with the next chapter?”

“I don’t know,” Deon sighed. “Just try to expand as much as I can, travel a little bit. Start my own family, do my own thing.”

First, though, he had to figure out his next move. In January, 2019 Deon will no longer be able to stay at Casa Valentina, and he’ll have to face adulthood on his own. He’s still taking classes towards a physical therapy degree and working as a pool attendant at a hotel downtown. He’s planning to move into an efficiency apartment in a friend’s building. He hopes that the next move will finally bring some stability. Whenever he and Gladina talk on the phone, she asks him questions about the future. What about paying for school? How is he going to make rent?

“You don’t gotta worry about me,” he tells her. “I’m an adult. I can figure this out.”

Blood Cries Out

Blood Cries Out

On a Missouri farm, two families worked the land side by side, until a murder shattered their American dream.

By Sean Patrick Cooper

The Atavist Magazine, No. 85


Sean Patrick Cooper is a journalist and essayist. His work has appeared in The New Republic, n+1, Bloomberg Businessweek, The Baffler, Tablet, and other publications. 

Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Daniel Moattar
Illustrator: Dola Sun

Published in November 2018. Design updated in 2021.

Part I


1990

In Chillicothe, Missouri, a farmer knew what kind of year he’d had by early November. The grueling harvest season, when combines ran day and night swallowing up crops and soil turned men’s hands the color of old pennies, was finally over. Farmers tallied their corn, wheat, and soybean yields at the grain elevator. If the numbers were high, children would find stacks of presents under the Christmas tree and farmworkers would pocket bank envelopes fat with cash bonuses. If the numbers were low, the holidays would be spare for many of the town’s 9,000 residents.

After the harvest, whether good or bad, there was always a holiday parade. In mid-November, farmers washed the grime from their tractors and applied fresh coats of wax, preparing the machines to pull holiday floats down Washington Street, Chillicothe’s main drag. Along the ten-block route, people huddled on sidewalks and bundled up in lawn chairs, drinking hot cider that shook in cups as the heavy bass drums of the high school marching band walloped past. The crowd waved gloved hands at homecoming kings and beauty queens beaming from the backseats of pristine antique convertibles. A man dressed as Santa Claus glided by atop a fire truck, while cheerleaders tossed candy to children.

The week of the holiday parade in 1990 started out well for farmers Lyndel Robertson and Claude Woodworth. The harvest had been robust, a relief to the former high school classmates and longtime business partners, who co-owned a few thousand acres. Their families lived in ranch houses built facing each other across Highway 190, a narrow country road snaking west and then north of Chillicothe. Life followed a familiar routine: farmwork, sports practices, piano lessons, home-cooked meals, church on Sundays. At night the inky sky absorbed the glow of lamplight from the families’ living rooms, situated 300 yards apart. The Woodworths’ seven children and the Robertsons’ five had grown up playing together on that stretch of earth, running around the thin trunks of young pine trees.

On the night of Tuesday, November 13, 1990, Lyndel and his 11-year-old son, Scott, lounged in the living room watching John Candy flip giant pancakes with a snow shovel in the movie Uncle Buck. Rhonda, the Robertsons’ 15-year-old daughter, arrived home around 9:30, after eating dinner at her boyfriend’s house. When the film ended, Rhonda and Scott, along with their sisters Renee, 13, and Roxanne, 8, went to bed. Lyndel and his wife, Cathy, stayed up to watch the news. They were in their early forties and had been together for more than two decades, since meeting as teenagers at a picnic. Lyndel was slope shouldered and shorter than Cathy, and he had a pronounced limp from a severe case of childhood polio. Cathy had green eyes that softened around the edges when she laughed. She was a stay-at-home mom who liked to keep her hands busy: She fashioned Easter baskets in spring and cultivated strawberries in the backyard every summer. That night, Cathy had made progress on a 4-H craft project at the dining room table.

When the news ended, the Robertsons went to their room. They made love before falling asleep. They didn’t hear someone stealing through the house just before midnight.

That person left the floor safe in Lyndel’s office, where he kept bricks of cash, and Goldie, the family dog, undisturbed. They approached the door of Cathy and Lyndel’s bedroom and pushed it open. They raised a .22-caliber weapon and fired six shots. Cathy was struck twice, in the skull and in the chest. Lyndel was hit by the other four bullets. One ripped through his cheek and shattered his teeth. Another lodged near his liver.

No one else in the house heard the gun or the shooter fleeing. Scott was roused from sleep by the sound of his father groaning. He walked across the hall to his parents’ room and flicked on the light. The glare revealed Lyndel, naked and struggling to hold himself up against a wall beside his bed. His arms and torso left streaks of blood wherever they touched. Fragments of teeth were scattered on the bed.

With his mangled mouth, Lyndel managed to tell Scott to wake up his mother. The stunned boy did as he was told, walking to where Cathy lay in blood-soaked sheets. Scott repeatedly asked his mother to get up, louder and louder each time, until he was yelling. She didn’t move. Scott’s cries woke Roxanne, who appeared in the hallway outside the open bedroom door. “Go get Rhonda!” Scott said through tears, and Roxanne ran to her sister’s room in the basement. “Something happened to Mom and Dad!” she screamed, banging on the door.

The girls rushed to their parents’ room, where Scott had already helped his father into a pair of underwear. Their younger sisters watched as Rhonda and Scott maneuvered Lyndel down to the floor, resting his head on a pillow so he wouldn’t choke on the blood streaming from his mouth. Rhonda then corralled her siblings into the living room; their bare feet left bloody tracks on the soft carpet. Rhonda picked up the white phone beside the couch and called her boyfriend’s house and 911. When he arrived at the scene, Brian Alexander, her boyfriend, called the Woodworths.

The family across the road was asleep when ringing cut through their dark, still house. The Woodworth kids were spread among various rooms and the basement, where the eldest, 16-year-old Mark, had his own space. Claude’s wife, Jackie, groggily lifted the phone’s handset. She heard Brian Alexander say there was an emergency. “I’ll be right over,” Jackie said, now alert. She told her husband where she was going. Claude later recalled thinking that maybe one of the Robertson kids had appendicitis.

To avoid the late-autumn chill and get to her neighbors’ as quickly as possible, Jackie slid behind the wheel of her family’s red Chevrolet truck. As she was heading up her driveway, she spotted the lights of emergency vehicles flashing on Highway 190. After arriving at the Robertsons’ and learning what had happened, she turned the truck around, sending its headlights flashing across her house’s windows. By the time she parked, Claude was in the doorway.

“Something terrible happened,” Jackie said, tears filling her eyes. “You’ve got to go over there.”

When Claude arrived at the Robertsons’ house around 12:30 a.m., paramedics and police were rushing around the scene. He stepped through the front doorway, across a threshold he’d passed hundreds of times before, and was told about the shooting. The children were waiting for investigators to swab their parents’ blood, drying on the young Robertsons’ skin and nightclothes, for evidence. Lyndel, miraculously, would survive. He would be airlifted to a medical center in nearby Kansas City for surgery to remove bullet fragments from his sinuses and jawbone. He wouldn’t return home for several weeks, which meant that he’d miss the somber event scheduled for the same day as the holiday parade: his wife’s funeral.

Word of Cathy’s killing sent a jolt through the community. Violent crime was uncommon in Chillicothe, but by sheer coincidence the town was already reeling from a series of murders perpetrated by an elderly couple. Not two weeks before the Robertson shooting, Faye Copeland had been convicted in a Chillicothe courtroom of helping her husband, who was awaiting his own trial, kill several itinerant farmworkers. On the morning of November 14, in coffee shops and hair salons along Washington Street, people were incredulous. First a farmer’s wife was party to murder, now another one had been shot dead in her bed. This wasn’t the stuff of a quiet, God-fearing town.

At Terry Klein’s maintenance garage, Claude talked about the crime with other farmers and their hands, perched on a smattering of stools. Among the men was Chris Ruoff, a sturdily built 25-year-old with a black mustache and a touch of baby fat lingering in his face. Ruoff didn’t work on the Woodworth-Robertson farm, but his crew shared a radio frequency broadcast from a small tower near Lyndel’s house; workers used it during harvest season to call for backup on walkie-talkies. Ruoff told the men that he’d driven past the Robertsons’ not long before the shooting, on the way home from dropping off his girlfriend after eating dinner at Golden Corral. From Highway 190, he’d seen a car in the Robertsons’ driveway that looked like a Ford Bronco or a truck with a camper attached. It was near the front door, where visitors usually parked. Given the late hour, Ruoff thought that the car belonged to one of the daughter’s boyfriends, probably Brian Alexander, who had a Bronco. At the garage, however, Ruoff reconsidered his assumption.

“Now that I think about it,” he said, “that couldn’t have been that Alexander boy’s truck, because didn’t he get into a wreck in that Bronco—wasn’t that him last month?” The men agreed, recalling that Rhonda had been in the accident and had worn a neck brace during her recovery. So whose car had been in the driveway?

Later that day, Ruoff walked into the squat Livingston County sheriff’s office in downtown Chillicothe, where he told the deputy on duty about the car. The department informed the Missouri Major Case Squad, which mobilizes law-enforcement agencies in proximity to a serious crime, and it connected the tip to a suspect: teenager Brandon Hagan, whose family had a white Ford truck with a camper. Brandon was the boyfriend of the Robertsons’ eldest daughter, 20-year-old Rochelle.

Read Chris Ruoff’s statement. 
Read Chris Ruoff’s statement. 

Once crowned the prettiest girl at the Livingston County fair, Rochelle had slender hips and long hair, with bangs she liked to tease to a crisp high above her forehead. She often dated boys her mother didn’t approve of. Brandon, Rochelle’s latest beau, was a competitive wrestler four years younger than she was, and he had a violent temper. He’d given her a black eye at least once and threatened her on several other occasions. Rochelle had ignored Cathy’s concerns about Brandon, insisting during screaming matches with her mother that she was in love, often punctuating the point with a slammed bedroom door. Now away at college in St. Joseph, about 75 miles west of Chillicothe, on the Kansas state line, Rochelle lived with a roommate and worked at a clothing store called the Brass Buckle. She came home frequently, however, and she was still seeing Brandon.

Lyndel himself accused Brandon of being the shooter. When he awoke at the hospital, Lyndel told doctors and police that he was “almost 100 percent sure” the 16-year-old had committed the crime because Brandon was a “psycho” whom the Robertsons had wanted Rochelle to stop dating. Brandon, however, had an alibi. His family had recently moved 100 miles southwest of Chillicothe, to Independence, Missouri, closer to a job site where his stepfather operated a crane. When investigators interviewed them, Brandon’s mother and sister said that he was home the night of the shooting. As for the truck, Brandon’s mother claimed that he wasn’t allowed to drive it.

Investigators concluded in a report, “No information has been developed which can put him anywhere but home that night.” Eventually, Lyndel stopped pointing a finger at Brandon. Rhonda, who became the family’s de facto spokesperson, would later explain, “We thought it was Brandon just because that’s who we thought could do it.”

Law enforcement considered a few other individuals—men with personal or professional beefs with Lyndel, for instance—but no evidence stuck. The Robertsons didn’t give up hope that a perpetrator would surface. Nothing in the house had gone missing the night of the shooting, which indicated that robbery wasn’t the intruder’s motive. Most likely whoever it was had simply wanted the Robertsons dead. Lyndel began to wonder if it was someone he and Cathy had trusted intimately, someone who lived close enough to cross Highway 190, fire a weapon six times, and get back home without anyone noticing.

In early 1991, Lyndel told some farmhands that Claude might have been involved. Because they were in business together, the two men had taken out a $100,000 life-insurance policy on each other; maybe, Lyndel speculated, Claude had decided to collect. Claude denied wrongdoing, and he passed a polygraph test. Yet there was no saving the bond between the two men’s families from Lyndel’s chilling suspicion, which to many people in Chillicothe seemed to come out of the blue. The farming partnership, sealed with a handshake 17 years prior, dissolved in the spring of 1991. A lawsuit ensued. Lyndel kept a portion of the land but sold his house and moved his children closer to town.

For the next two years, police made no arrests in Cathy’s murder, leaving Chillicothe in a state of perpetual unease. Eventually, rumors and mistrust engulfed the town, pitting friend against friend and neighbor against neighbor. The narrative of the killing and the ensuing investigation challenged the town’s very idea of itself. In the middle of it all, a culprit emerged and paid the price for Cathy’s murder.


2008

The Law Offices of Michael R. Bilbrey, a 15-person firm just across the Mississippi River from St. Louis, were generic in every sense of the word. The attorneys took on workplace-injury cases, specializing in claims of asbestos poisoning, while a squad of administrators handled paperwork and court filings. They operated out of a nondescript brick building with frosted glass doors and dark-wood accents in a suburban office park. Every day was a race for billable hours.

When Robert “Bob” Ramsey arrived at Bilbrey’s in 2008, he didn’t quite fit into the culture. He was a defense attorney and a journeyman who’d roamed around St. Louis for two decades, working at firms large and small and even trying his hand at a private practice. The constant movement was a product of Ramsey’s desire for independence and his tendency to abruptly leave a firm as soon as he learned of any unsavory legal behavior. He’d come to Bilbrey’s as something of a favor to a friend, who’d departed the office to accept a seat as a circuit judge. Ramsey took over a slate of complex cases with potentially lucrative payouts.

Yet big-ticket litigation wasn’t Ramsey’s favorite part of his job. He had a soft spot for underdogs and what he sometimes referred to as ten-foot-pole cases: ones that seemed so unwinnable, no other lawyer would touch them. Sixty years old, with dense gray hair and a goatee to match, Ramsey had inherited his conscience from his father, Brooks, a Southern Baptist minister. In the early 1960s, in Albany, Georgia, the elder Ramsey used his pulpit at the First Baptist Church to advocate desegregation, much to the consternation of some of his own congregants, including members of the Ku Klux Klan and one man who nailed a 95-point doctrine on white supremacy to the church’s front door.

In 1962, Brooks Ramsey took his son, then 14, to see Martin Luther King Jr. deliver a stirring sermon on racial tolerance at a black church. The next day, King was supposed to do the same thing before Pastor Ramsey’s white flock. When the civil rights leader arrived at the First Baptist Church, however, he was met by an angry crowd. Ushers prevented him from entering, throwing King and some of his entourage down the front stairs. A riot ensued along bitter racial lines, spreading throughout Albany until the National Guard arrived.

That night, a cross was staked in the Ramseys’ front lawn, hot orange flames engulfing its wooden arms. At school the next day, Bob Ramsey arrived to find “nigger lover” scrawled in big letters on the chalkboard of his homeroom. Soon after, his family left Albany. “It made me question the whole religion,” Ramsey recalled, “how the church always told us that everyone is equal in the eyes of God—and then to treat whites and blacks so differently.”

Ramsey studied English at St. Louis University. When he decided to go to law school, he prepared for the LSAT by reading classic Russian novels like Crime and Punishment and The Brothers Karamazov. Once practicing, he made a name for himself mounting cases to free women imprisoned for killing their abusive husbands. He also took on what he believed to be wrongful convictions. In one instance, he embarked on a freedom march from St. Louis to Kansas City in honor of a woman whose original lawyer had been paid off by her boyfriend and codefendant, forcing her to take the fall for a murder she didn’t commit. Mel Carnahan, the governor of Missouri, had pledged clemency for the woman before he died in a plane crash; Carnahan’s successor made no such offer. Ramsey, who represented the woman, decided to go on a five-day, 175-mile walk to draw media attention to her appeal. Among the people who saw Ramsey’s bold stunt was a state lawmaker who’d taken a particular interest in what he believed was another miscarriage of justice, this one in the town of Chillicothe. He asked Ramsey to take a look at the case. Ramsey did one better: He agreed to represent the defendant.

At Bilbrey’s, word spread through the office grapevine that Ramsey had brought a longshot case to the firm. It involved the murder of a woman named Cathy Robertson and a man convicted twice for the crime who was now serving a quadruple life sentence. Over the nearly eight years he’d been working the case, Ramsey had regularly driven up to Chillicothe and to the small town of Cameron, where the convicted murderer was in a state penitentiary. He’d gathered court records and taken depositions, amassing several brown boxes’ worth of documents that he believed supported his client’s innocence—or, at the very least, the right to a retrial. The odds that he would get the conviction overturned were slim. As far as the state of Missouri was concerned, the case was closed; it had already been subjected to the scrutiny of one appeal.

Still, Ramsey never considered abandoning the Chillicothe case, even when he died, briefly, in 2003. A fit man who regularly practiced the martial art of aikido, Ramsey suffered sudden cardiac arrest while working out at a YMCA. He was revived with a defibrillator, then fell into a coma; the doctors told his wife and two children that he had little chance of recovering. Ramsey underwent surgery, during which his heart stopped a second time. When he woke up and finally seemed to be out of the woods, he told his client’s family in Chillicothe that if they wanted to get a different lawyer he’d understand. But they’d nurtured an almost religious faith in him after struggling for many years to retain good counsel. Ramsey’s client went to the bare-bones prison chapel to pray that his lawyer would live to defend him in court.

Ramsey never considered abandoning the Chillicothe case, even when he died, briefly, in 2003.

When Ramsey’s health returned, he got back to the matter of proving his client’s innocence. Not everyone was pleased. “You’re going on a fishing expedition,” a judge told Ramsey when denying his request to depose a key figure in the case. An occasional fly-fisherman, Ramsey found the statement encouraging: A person only fishes where there’s something to catch.

Ramsey wasn’t the only staffer at Bilbrey’s struggling to acclimate. So was Kelly Williams, recently hired as an administrator. Williams was 35 and a single mom of two kids. In her twenties, she’d worked as a blackjack dealer at the Alton Belle, a riverboat casino on the Mississippi. She stood just over five feet tall, smoked Marlboros, and had a brash, infectious laugh. She was good at her job—organized, quick, intuitive—but she ran afoul of a supervisor with her outspokenness, to the point that her job was on the line.

Ramsey liked Williams. She’d worked with him on a few settlement cases, and he was impressed with how her mind worked, particularly her memory for little details tucked away deep in legal filings, the kind that could make or break a case. When he heard about the trouble with the supervisor, Ramsey took Williams on as his assistant.

He ushered Williams into his office, where stacks of paper, legal pads, and court documents were on every surface, including the floor. Ramsey settled into his desk chair and pointed to the infamous brown boxes full of his work on the Chillicothe case. Williams had heard chatter about how it was a lost cause.

“I need your help,” Ramsey told her.

Williams knew that Ramsey had saved her job, but she didn’t think that was any reason to run a fool’s errand with him and said so. Ramsey’s client had been convicted by two juries. “Anyone in their right mind would believe he was guilty,” Williams said.

When Ramsey began to explain why he believed otherwise, Williams was adamant that she would prove him wrong. “Since I was itty bitty,” she said, “if I’m right, then I’m going to find out one way or another to prove that I’m right.” Williams announced that she would pore over the case files and find what she needed to disabuse Ramsey of his misplaced certainty.

That night she took one of the boxes home. Eventually, she took another, then another. Using a color-coding system, she organized depositions and created timelines based on witness testimony. After feeding her kids dinner, she sat on the couch, documents scattered around her, filling up legal pads with notes. Instead of proof of guilt, Williams kept finding holes in the prosecution’s case. At the casino, she’d caught a few cheats; she believed she had an instinct for when a system was being gamed.

After she was done going through the files, she walked back into Ramsey’s office. “Alright, he’s innocent,” she said, giving her boss no chance to say I told you so. “How do we get him out of prison?”

The client in question was Mark Woodworth, Claude and Jackie’s son. Nineteen when he was arrested, Mark had spent almost his entire adult life behind bars. Ramsey was convinced that the case “stunk like a dead skunk in the road,” and Williams now agreed. Their determination to free Mark would throw Missouri’s legal system into turmoil.

Part II


1990

As a teenager, Mark kept to himself. Shy and awkward, with doleful brown eyes and a narrow chin sprinkled with pimples, he was more comfortable building cabinets in shop class than memorizing formulas in algebra. He wasn’t one to join clubs or sports teams. In his free time, he preferred to work in his dad’s fields and listen to farmhands talk about what rain does to seeds and the nuances of chemical fertilizers. In 1990, Claude set Mark up with a few acres of soybeans to manage, a trial run to determine if the teenager would be a good addition to the family business.

The morning after the shooting, Claude treaded mournfully down the stairs to his basement and jostled Mark, then 16, awake. Mark was characteristically quiet, even in the face of tragedy. “I was shocked,” he later said. “I couldn’t believe that happened, and I didn’t know what to say.”

Initially, Mark flew under law enforcement’s radar. His parents said he’d been home the night of the murder. His gentle temperament and modest intelligence, friends pointed out, didn’t fit the profile of a killer. “I knew that boy ever since he was born,” George Quinn, a farmer, said once. “If I’d asked him to go out and handle a dying animal, Mark sure couldn’t even shoot a cat out of its misery.” Where some people saw innate virtue, however, others started to wonder if there was simmering menace. “He was very much a loner,” Rhonda Robertson said of Mark as a child. “Scott would always ask him to come out and play, but he just wanted to sit alone in his room.”

Soon after the murder, investigators located a box of ammunition in a shed behind the Robertsons’ house. The .22-caliber shells, a few of which were missing from the box, were the same type the shooter had used. They were sitting on a workbench; according to Lyndel, they were usually stored under a stack of cigar boxes. To law enforcement, this suggested that someone might have taken the shells out on the night of the crime. Investigators lifted a thumbprint from the box and tried to find a match in Missouri’s legal databases. No luck. Then, during an interrogation with investigators, Mark gave his prints. One of them was a match.

Asked whether he’d ever visited the Robertsons’ shed, Mark gave inconsistent statements. He first claimed that he’d never been inside. Then he said he’d once helped pour concrete in the structure and maybe entered it a few other times on some weekends. A ballistics expert analyzed a bullet from the crime and decided that it was probably shot from a Ruger revolver found in the Woodworth home, where Claude kept it in his and Jackie’s bedroom. Law enforcement suspected that Mark had taken the weapon, used it, and put it back without his sleeping parents realizing.

By the fall of 1993, the sheriff’s office was ready to arrest Mark. He was a high school dropout living at home, working on his dad’s farm, and attending vocational classes for his GED. Police showed up outside one of those classes on the morning of October 20, put him in handcuffs, and read him his rights.

Mark’s parents were bewildered. As far as they knew, their son didn’t have anything against Cathy, a woman who’d cared for him as a kid when Jackie ran errands. Even as he sat in jail, held without bail, Mark told his father that he wasn’t worried, because he hadn’t done anything wrong. “I don’t think he realizes what he’s charged with,” Claude told the Chillicothe Constitution-Tribune. “It has not really soaked into him.” Jackie had trouble sleeping and struggled to comfort her six other children. Ashley, then in the third grade, would get off the school bus some afternoons in tears because kids had teased her about having a murderer for a brother.

While awaiting trial, Mark failed a polygraph test. In a report dated July 18, 1994, the test’s administrator wrote, “I advised Mr. Woodworth that he had lied to me and was responsible for shooting the Robertsons.… I told him it wasn’t a question of who any longer, but rather a question of why.” Mark nodded, but when asked directly why he’d committed the crime, he answered, “I didn’t.” The administrator pressed him, reminding Mark that “if he was a cold-blooded murderer and found guilty of capital murder, he could be taken and executed for the killing, but if the shooting and death were accidental, that was another situation altogether.”

“Well,” Mark replied, “we all have to die someday.”

People in Chillicothe interpreted the statement in one of two ways. Some thought that Mark was referring matter-of-factly to the prospect of his own death. Others thought he was talking about Cathy’s murder and revealing his dark personality. Rhonda Robertson would later describe the comment as displaying “unbelievable callousness.”

The Robertsons’ relationship with the Woodworths had only grown more toxic since 1990. When their partnership dissolved, Claude hired an accountant to go through their books, which Lyndel had always been responsible for. The accountant discovered records indicating that Lyndel had siphoned cash from grain sales and skimmed extra money from a shared bank account to purchase cars and home appliances. Claude sued Lyndel for $150,000 in damages, but Lyndel claimed that he was innocent. If anything, he said, Claude hadn’t done his fair share in the partnership.

“The breakup broke my heart,” Claude later said. When Mark was arrested for Cathy’s murder, that sense of betrayal cut even deeper. “I was feeling sorry for him, that he just lost his wife, and taking the whole thing pretty hard, too,” Claude said. “Then it was like he stabbed a knife in my back.”

After the indictment in October 1993, a year and a half passed before Mark’s case went to trial in Clinton County, 70 miles from Chillicothe. Lawyers hoped to find there what they couldn’t in Mark’s hometown: an impartial jury. Everyone in Chillicothe had an opinion on the case. Woodworth defenders would clam up when a Robertson supporter came into the local bank to make a deposit. In the aisles of the livestock supply depot, heated debates broke out over whether Mark had pulled the trigger.

The divide was so intense that Lyndel felt compelled to write an op-ed in the Constitution-Tribune answering charges that he’d “swindled” Claude—Lyndel would eventually settle the embezzlement suit for $17,500—and that Mark had been “railroaded.” Lyndel wrote: “I am completely bewildered by this type of reaction. It is not my place, nor is it the responsibility of the people of this community to decide the guilt or innocence of this 19-year-old individual—that decision belongs to a selected jury.” Privately, though, the Robertsons told friends that they were sure Mark was guilty.

In the aisles of the livestock supply depot, heated debates broke out over whether Mark had pulled the trigger.

Mark’s trial—as an adult, though he’d been a minor at the time of the shooting—began on March 13, 1995. Kenny Hulshof represented the state. A special prosecutor and rising star in the Missouri attorney general’s office, Hulshof was a farmer’s son, tall and blond, with a folksy, winning demeanor. He’d captivated jurors in small towns all over the state while prosecuting murder cases, including the one against Faye Copeland in Chillicothe right before Cathy Robertson’s killing. Fellow lawyers sometimes traveled hours to watch Hulshof’s arguments.

On the other side of the courtroom was Mark’s attorney, a mild-mannered man named James Wyrsch, who tried to undercut the evidence against his client. The thumbprint on the box of .22-caliber shells in Lyndel’s shed? It could have been left there while Mark was target-shooting with some farmhands or when he was moving things around in the shed to find some stored item. Wyrsch briefly homed in on the absence of a clear reason Mark might have wanted Cathy dead. “I will submit to you that a 16-year-old boy with no motive whatsoever, trying to get on in life, did not shoot this individual,” Wyrsch told the jury. When he tried to suggest other suspects, however, the judge rebuffed Wyrsch on the grounds that investigators hadn’t amassed sufficient physical evidence to support another theory of the crime.

Hulshof addressed motive while questioning Lyndel on the stand. Hadn’t the Robertsons been angry at Mark for not paying expenses associated with the soybean crop he’d grown on the patch of land his father had given him to manage? Lyndel said yes. And wasn’t it possible that Mark had decided to shoot his neighbors to keep them quiet about his failure to pull his financial weight? Possibly, Lyndel said. For his part, Mark testified that he didn’t know the Robertsons were upset with him about the soybeans.

Later, in his closing statement, Hulshof played to an emerging cultural fear, stoked by the media, that some American teenagers were just bad seeds—kids like the so-called West Memphis Three, convicted the year prior in Tennessee for allegedly murdering three young boys as part of a Satanic ritual. “We flip on the news and we see these senseless crimes. And that’s exactly what it is—it’s senseless. There is no reason,” Hulshof said. “Folks, yes, [Mark] was 16, but how has our society changed such that we have 16- and 15- and 14- and 13-year-olds that are doing things that we can’t comprehend?”

Hulshof drew attention to Mark’s affect while giving testimony, which had been hushed and stilted. “Put yourself, for a minute, in the shoes of someone who was, according to them, falsely accused of a crime,” Hulshof instructed the jurors. “Are you just going to sit up there and [say], ‘No, never, no, never,’ with this flat tone?… You’re going to see some emotion. You’re going to see some tears. You’re going to see some anger. You’re going to see something other than what you saw.”

“Ladies and gentlemen,” Hulshof said, “I think you saw a glimpse right then of the cold-blooded nature of Mark Woodworth.”

Dana Williams, a farmhand’s wife who attended the trial, marveled at Hulshof’s oration. “He was just, wow, a standout, like an actor starring in his own movie,” Williams later said.

After close to 11 hours of deliberation, the jury found Mark guilty of murder in the second degree, burglary, assault in the first degree, and two counts of armed criminal action. The judge sentenced him to 31 years in state prison. The trial had lasted four days.


2008

Crossroads Correctional Center sits about 40 miles due west of Chillicothe, atop a gentle, grassy slope. The complex’s tan walls and green roof blend into the surrounding farmland, broken only by country highways and a Walmart. When Kelly Williams accompanied Bob Ramsey to the prison for her first visit with Mark, she felt like she knew their client already. She imagined a man hardened by the legal system, but the prisoner who slid into a chair across from her in the visiting area was far from bitter.

Mark was 34, and his dark cropped hair was tinged with silver. In a soft, steady voice, he asked Ramsey questions about his case. He knew the main players, but he didn’t grasp all the details. The man Hulshof had cast as seething and threatening seemed to Williams guileless and meek. “His demeanor, how simple he was—it broke my heart,” she recalled.

Williams listened to Mark talk about how he passed his days: welding metal cabinets, rehabilitating rescue dogs for adoption, praying in the chapel. She thought about everything he’d missed on the outside—weddings, Christmases, the births of nieces and nephews, finding love. Williams excused herself from the visiting area and went to the bathroom. She stayed there until she stopped crying.

Mark and his family had already had their hopes dashed once. Two years after Mark’s conviction, an appeals court reversed the verdict on the grounds that the judge had improperly excluded evidence about other suspects’ potential motive and opportunity. Mark was released from prison and went home to await retrial, which took place in 1999. Hulshof had recently been elected to Congress, after campaigning on his record of locking up violent criminals, so another prosecutor argued the case before the same judge who’d presided over the first trial. The Woodworths hired a new lawyer, too. According to the family and a paralegal who spoke under oath, the attorney struggled to remember where he’d placed key documents. He often rang up Wyrsch’s office to obtain new copies. At trial he questioned Brandon Hagan, who maintained his alibi, with support from his mother’s and sister’s testimony, and Lyndel, who described his initial accusations of Brandon as purely speculative. “I was real disorientated and didn’t know what was going on,” Lyndel said of waking up after the shooting. The Woodworths were so dissatisfied that they asked if a different lawyer could handle the closing argument. Their request was granted, but Mark was convicted nonetheless. This time the judge gave him the maximum penalty: four life sentences plus 15 years.

Before being taken away from the courthouse, Mark told his mother, “Just don’t forget about me, OK?”

She didn’t. Jackie coordinated weekend visits to Crossroads, staggering various siblings’ and other relatives’ time with Mark. On the two weekends each year when visitors could bring food to prisoners, Jackie made Mark’s favorites: lasagna, corn casserole, and peanut brittle. Every August, the women in her Sunday school class sent Mark birthday cards. At home, Jackie kept Mark’s room the same as he’d left it, with a quilt neatly smoothed over the bed and boxes of toy John Deere tractors stacked under a window.

Before being taken away from the courthouse, Mark told his mother, “Just don’t forget about me, OK?”

When Williams and Ramsey visited the Woodworths in Chillicothe, they sat elbow to elbow with the family around a long farm table for meals, passing platters of homemade noodles, mashed potatoes, and beef. As she had been with Mark, Williams was struck by Jackie and Claude’s apparent lack of anger. The Woodworths had been together since they were teenagers, when Jackie, thin and blond, would watch Claude, heavyset and strong, compete in tractor pulls. Middle-aged now, the couple were resolved about Mark’s situation. They kept living and working in a community where many people believed they’d raised a killer, and they were confident that if anyone could get their son out of prison, it was Ramsey.

Ramsey had several concerns about the way investigators had handled Mark’s case. Why had the prosecution been so comfortable with Lyndel recanting accusations, first against Brandon Hagan, then against Claude? How had suspicion landed on Mark at all, and so many months after the shooting? What happened to witness testimony—Chris Ruoff’s sighting of a car, for example—that suggested someone other than a close neighbor was the killer?

Ramsey shared these thoughts with Williams and the Woodworths. “He was asking the right questions,” Claude said. Answering them, though, would require Missouri’s judiciary to accept a new appeal of Mark’s case. Only then would Ramsey have free rein to collect new evidence as part of pretrial discovery. In late 2008, a court considered an appeal, which Ramsey and Williams built around the charge that Mark’s rights had been violated by incompetent counsel and a secretive grand jury. The motion was summarily denied. Ramsey and Williams went back to square one, scrambling to figure out another way to reopen the case.

One day, Ramsey got a phone call from an Associated Press reporter named Alan Zagier. While working on a profile of Hulshof when he was gearing up to run for Missouri governor—a race he lost—Zagier had something interesting in the state attorney general’s office: documents pertaining to Mark Woodworth that had never been discussed in court. In fact, they didn’t appear anywhere in the case files, suggesting that they’d never been made available to Mark’s lawyers. If so, they represented new, potentially exculpatory evidence.

The documents were letters dating back 15 years, and they were the keys that Ramsey and Williams needed to unlock their investigation. “We sped off,” Ramsey said, “like we’d been let loose on the Autobahn.”

Part III


1993

The correspondence had a convoluted backstory. Several months after the shooting, Lyndel hired a private investigator named Terry Deister, a recent arrival in Chillicothe, to dig up information on Cathy’s murder. The case was going nowhere; maybe a fresh set of eyes would help. A few days after taking the job, Deister met with Gary Calvert, chief deputy of the Livingston County sheriff’s office, whom he’d worked with on an undercover narcotics sting at a previous job as a vice-squad officer. According to Deister’s notes, the men convened to “evaluate the possibilities of a working relationship” on the Robertson case. They agreed to pursue “the remainder of this investigation as a team.” (Calvert and Deister declined to comment for this story.)

Two years later, based on interviews and forensic evidence, Deister, Calvert, and Lyndel hoped that the county prosecutor, a man named Doug Roberts, would bring charges against Mark. Roberts refused, because he didn’t think the case was strong enough. Indicting Mark, then, would require assistance from a more powerful force who wanted to move the case forward—someone like Ken Lewis, a circuit judge in Livingston County.

Lewis’s interest in Mark’s case seemed to have strange roots. In December 1990, about a month after the Robertson shooting, a local newspaper had published an article detailing how Lewis, an avid duck hunter, had been instructed by county commissioners to remove a barrier he’d placed on a public road alongside his property to keep other hunters away. Lewis took umbrage with language in the article, insisting that it jeopardized his authority as a judge. He sued the county commission—a move so rare for a member of the bench that several legal scholars interviewed for this story said they’d never heard of it happening. Lewis lost the case, but he kept his sights trained on the county commission.

Lewis’s personal lawyer at the time was Brent Elliott, who’d been the county prosecutor prior to losing the post to Doug Roberts. Elliott was friendly with Calvert and talked with him and Deister regularly—sometimes several times a week—about their work on the Robertson case. Calvert and Deister expressed to Elliott their frustration that Roberts wouldn’t indict Mark. Deister later recalled Calvert dismissively describing Roberts as being “good at traffic tickets.”

The letters that eventually landed at the AP began on September 24, 1993. Lyndel addressed one—actually written by Deister on his behalf—to Lewis, imploring that Roberts “be released of his duty in my particular case” so that evidence against Mark could come before a court. “Until this time, I do not feel that justice has been served and my life is at a standstill,” the letter read. “I am pleading with you to act upon this, within your power, to have this case presented before a grand jury.”

Ten days later, Roberts wrote his own letter to Lewis. “It has come to my attention that the complaining witness in this matter has requested you disqualify me for ‘lack of enthusiasm.’ Mr. Robertson confuses my desire to make a thorough review of all the reports in this case,” he wrote. “I can understand his frustration, but recall that soon after this crime, Mr. Robertson was adamant that we charge another young man.” Still, Roberts acknowledged that he should step away from the case. “The appropriate disposition of this matter requires that the prosecuting official have the confidence of, as well as confidence in, the complaining witness. This I do not have,” he wrote.

Read the Lewis letters.
Read the Lewis letters.

Two days later, the next of the Lewis letters, as they would come to be known, was sent by the judge to Kenny Hulshof. It referenced “various telephone conversations” the men had had about Hulshof coming to Chillicothe to take over for Roberts on the Woodworth case. Lewis noted that he’d already initiated the convening of a grand jury; he and a county clerk would select the 12 members, including a foreman who was friendly with Lewis and who had worked as an accountant for Lewis’s law firm before he became a judge. In his letter to Hulshof, Lewis included a copy of Lyndel’s pleading missive and noted that the three-year statute of limitations on several of the crimes committed against the Robertsons—“felonious assault, burglary in the first degree, and armed criminal action charges”—would soon run out.

The proceedings against Mark began on October 15, 1993, and they moved swiftly. Hulshof successfully argued for the state to file charges. Over subsequent months, the grand jury considered a laundry list of other issues, including whether the county commission had misused money in the form of modest charitable donations. With Lewis presiding, the grand jury indicted several commissioners. They would eventually be exonerated, but not before spending tens of thousands of dollars defending their support of a food bank and a children’s hospital.

On the evening of the grand jury’s final meeting, in 1994, someone strung a long white banner along the stone base of Chillicothe’s courthouse, which faces Washington Street. A photo of it ran in the next day’s edition of the Constitution-Tribune. Five words hastily painted on the fabric read, “Ding-Dong the Witch Hunt’s Dead.”


2009

When Ramsey read the Lewis letters, he was stunned. Was it possible that at the heart of Mark’s convictions sat a judge who wanted to hunt ducks in solitude and needed a case substantial enough to justify convening a grand jury that could also adjudicate complaints against his political enemies, a state prosecutor eager to strengthen his tough-on-crime persona, and a shooting victim, private eye, and deputy sheriff collaborating against the son of that victim’s former business partner? The whole scenario seemed outlandish in the way only small-town business can.

For the purposes of an appeal, what mattered was that the documents appeared to be new evidence of possible due-process violations against Mark Woodworth. Ramsey was astonished that the letters even existed. “I can’t believe people put this stuff in writing,” he said. “So many rules were being broken.”

All the more peculiar was the fact that various other documents from the grand jury chapter of Mark’s case had gone missing, including the transcript of the proceedings. The first time Ramsey visited Chillicothe, after sipping tea with the Woodworths in their living room and promising to fight for their son’s release, he’d stopped by the courthouse to pick up whatever files from the case were available. The clerk had nothing from the October 1993 hearings. When Ramsey asked why, the sentencing judge in both of Mark’s trials said that the transcriber hadn’t done his job—an odd claim given that he’d diligently recorded other sessions of the same grand jury.

Ramsey and Williams hoped to get to the bottom of that mystery during discovery, but first they had to file an appeal. This time, based on the Lewis letters, the pair made the case that Mark hadn’t received a fair trial because Lewis had abused his power and acted beyond the purview of his role; they also asserted that Lyndel had wielded undue influence over the empaneling of the grand jury. The appeal was denied twice in lower courts, but Ramsey and Williams kept pushing, and in mid-2010 their petition reached the Missouri Supreme Court.

The judges ruled in Mark’s favor, putting his case on their docket. They assigned a special master, Judge Gary Oxenhandler, to preside over hearings where lawyers could present evidence and question witnesses. The hearings wouldn’t lead to a verdict; rather, Oxenhandler would submit a report to the Supreme Court, which would use it to rule on whether Mark’s constitutional rights had been violated.

When Ramsey called to tell the Woodworths, Jackie answered the phone in her kitchen. She yelped with joy, startling her sons, Chad and Colin, who were eating lunch between shifts working in the fields. “It was the first big break we’d gotten,” Jackie remembered. “Everything we tried to do, we’d run right into a wall. But all we needed was one little chip in the wall, and the little chip would keep getting bigger and bigger until we could break the wall down.”

In the fall of 2010, Oxenhandler scheduled an evidentiary hearing for the following May, giving Ramsey and Williams about five months to prepare. They quickly got to work. Williams had grown close to the Woodworths and was indignant about Mark’s situation. “She was pissed,” Ramsey said, “and fearless.” Williams made lists of people to interview, files to access, evidence to track down. She marked boxes and file folders with sticky notes indicating what was inside them. She worked nights at home, sleeping an hour or two before heading into the office each morning.

High on Williams’s list was locating the missing transcript of the grand jury hearing. She drove to Chillicothe and insisted her way into the dusty attic of the county courthouse, where she searched through hundreds of boxes of stenography. Every court reporter has a unique shorthand they use to record what a trial’s speakers say out loud; the reporter then uses those raw notes to generate a complete transcript. In the folder where the stenographs for Mark’s hearing should have been there was nothing. Williams went downstairs and told the clerk, who agreed that it was unusual for the notes to be missing. The clerk began searching for them in cabinet after cabinet, drawer after drawer. If there’d been a mix-up, the stenographs had to be somewhere in the building.

In the meantime, Williams hoped that the court reporter, a man named Bernard Faustenau, might provide some answers. He’d worked in Missouri’s legal system for 31 years before retiring. In early February 2011, Williams and Ramsey called Faustenau to be deposed on March 2. Then, a little over a week before the deposition, Faustenau died of a brain aneurysm at the age of 68.

Dismayed, Williams called Faustenau’s wife of 51 years. Williams offered her condolences, explained the situation as gently as she could, and asked the widow if Faustenau had kept any of his court notes at home. Faustenau’s wife said she wasn’t sure but she’d keep an eye out. She soon called Williams back to report that she’d found three perfectly typed pages of the opening minutes of Mark’s grand jury hearing. The text confirmed Judge Lewis’s animus toward Doug Roberts; Lewis accused the prosecutor of speaking to the local press about the grand jury despite not being present for its proceedings. “I have reprimanded Mr. Roberts … because he is not involved in this matter here today,” Lewis said. Roberts had denied telling journalists that the Robertson shooting was the grand jury’s main focus, which Lewis said “brings to my mind a line from Shakespeare, when he said, ‘The lady doth protest too much.’”

If Faustenau had typed up the first portion of the hearing, it stood to reason that he’d done the same for the rest of it. But the remaining pages were nowhere to be found. Back at the courthouse, the clerk finally turned up some materials, including the grand jury’s attendance sheet and a copy of the gag order preventing members from talking about the hearing outside the court. The documents weren’t what Williams wanted, but the location where the clerk found them gave her pause: They were tucked inside the county’s adoption files, considered among the most sensitive records in any courthouse and thus accessed by very few people. The papers had been either bizarrely misfiled or deliberately hidden. By whom was yet another mystery.

The dead end regarding the transcript was “a big setback for us,” Williams later recalled. She and Ramsey focused their attention elsewhere, hoping it would bear more fruit. Terry Deister was arguably the biggest enigma of the case. The private eye employed by Lyndel had never been called to testify at either of the murder trials, yet his copious case notes showed that he’d played a pivotal role in the investigation.


1992

When Lyndel hired him, Deister was in his early fifties, with a paunch, a wide black mustache, and the low, craggy voice of a heavy smoker. He’d spent 17 years in law enforcement in Platte County, Missouri, and he acted the part of a hard-bitten detective, using gruff language and wearing a beleaguered demeanor proportionate to his sacrificial duty before the high calling of the law. His one-man private-eye business was called DunCourt and Associates, a fictional name he’d chosen because he liked how it sounded.

Lyndel paid Deister $40 an hour for his work, which involved more than just probing the shooting. Lyndel also wanted Deister to look for evidence to counter Claude’s accusations of embezzlement. The dual assignment represented a conflict of interest. Deister seemed to realize that the work was shady: His notes indicate that in at least one instance he and Calvert met in an “undisclosed location” near a cornfield, where they were unlikely to be seen together. He also recorded Calvert, who shared the case files on the Robertson shooting with Deister even though law enforcement isn’t supposed to let private parties access information about active investigations, as urging him to “keep a very low profile.”

For several months after the murder, law-enforcement officials tried to find out all they could about the suspicious car in the Robertsons’ driveway; they were confident it would lead them to the killer. Chris Ruoff said he’d seen an SUV or truck. When examining the scene, police noted what appeared to be tire tracks from an accelerating vehicle. Moreover, Scott Robertson initially told investigators that he’d heard a car engine when he was in his parents’ room helping Lyndel. Ruoff, Scott, and Lyndel saw a hypnotist a few weeks after the shooting, a visit that investigators hoped would draw more specific evidence or even a lead out of the trio. It wasn’t productive.

Then one day in 1991, Deister did something that shifted the entire course of the investigation. According to his records, he suggested in one of his meetings with Calvert, “What if there hadn’t been a vehicle parked at that location? Would this open up a new area of thought?”

“Definitely, yes,” Calvert replied.

If a car “didn’t exist,” Deister continued, “it made Mark Woodworth a prime suspect in the case.”

The leap seemed sudden and huge. Not only was there no evidence at the time implicating Mark, there was also no reason to doubt Ruoff’s story or the tire tracks indicating that a car had left the crime scene.

When Ruoff got a phone call from Calvert in January 1992 asking him to come downtown to recount what he’d seen the night of the murder, Ruoff was glad to do so. In a small witness room, he sat across a table from Calvert, who casually thumbed through the case files. The deputy sheriff introduced Ruoff to Deister, who was puffing on a cigarette. Smoke gathered above the men’s heads as Deister began to talk.

“She ever come on to you?” he asked Ruoff, referring to Cathy Robertson.

Ruoff thought Deister was kidding. He was dating a woman who would soon become his wife. Cathy had been a devoutly Catholic mother two decades his senior. She’d been cordial with farmhands, sure, but there was no unsavory subtext to it. Ruoff laughed; Deister kept looking at him, stone-faced. The farmhand realized that the question wasn’t a joke.

“So who put you up to this?” Deister asked in his hoarse voice, suggesting that Ruoff had lied about seeing a car outside the Robertson residence.

“I was just trying to help Lyndel out,” Ruoff said, “to help them find out who shot Cathy.”

Deister came at Ruoff from several angles, questioning the young man’s eyesight, mental health, and short-term memory. He and Calvert also described driving out on Highway 190 one night when a car was parked in the Robertsons’ driveway. They weren’t able to see it in the dark. Ruoff maintained his certainty until, after two hours of interrogation, he finally gave an inch. “Maybe I didn’t see it,” he said.

At Mark’s first trial, Ruoff would stick to his story, saying that he’d bet a million dollars he saw the car. But the seed of uncertainty served the prosecution’s purposes: If it was possible that a car hadn’t been in the Robertsons’ driveway, then it was possible that the killer had arrived on foot—the most logical way for someone who lived nearby to get to the house without attracting attention. Kenny Hulshof undercut Ruoff by calling him an “overprepped” witness and attacking his recollections of a “mystery vehicle.”

The other evidence of a car mattered little. Police had never tried to match the tire tracks outside the Robertsons’ house with a particular make or model, and Scott had reconsidered his original story. He hadn’t heard an engine, the Robertsons’ only son said at trial. Lyndel testified, “A young kid may not have heard what he thought he heard.”

Connecting Mark to the crime was more difficult. Deister and Calvert staked out the Woodworths’ house on Fourth of July weekend in 1992, waiting for Jackie and Claude to leave for a visit with family in Illinois so that they could approach Mark alone. They asked him to come to the sheriff’s office for questioning. Mark was cooperative; he didn’t request a lawyer, and he agreed to be fingerprinted, which would lead to the match with the print on the box of .22-caliber shells found in the Robertsons’ shed. Mark didn’t express outrage or suspicion when Calvert and Deister dropped the pretense of why they’d brought him in—a vandalism complaint that went nowhere—and accused him of murdering Cathy. He simply denied doing it.

A second interrogation went much the same way. This time, Mark gave the conflicting statements about when he’d been in the Robertsons’ shed. He also agreed to draw a rudimentary layout of his family’s house and indicated that his basement room was near a back door, which Calvert and Deister suggested he could’ve used the night of the murder without his parents and siblings knowing. Mark seemed confused in the interview, as if he didn’t follow all the questions he was being asked.

When his parents, who’d again been away when Mark was picked up the second time, heard that he was at the sheriff’s office, they were furious. They drove downtown and burst into the building. In the ensuing confrontation, captured on video, Claude yelled, “You’re fucking with somebody you don’t have no fucking business with—you’re talking with a kid there. To start with he’s dumber than hell. You know that. You can talk to him and tell that. He ain’t well educated.” To Deister, who was in the room, Claude said, “Who’s paying you for being here now?” Deister replied, “I don’t even know if I’m being paid right now or not but I am—Lyndel has been paying me.”

By then, Calvert and Deister had already turned their attention to the ballistics evidence in the case. Of the six bullets fired by Cathy’s killer, five were recovered at the scene. They were too damaged to be analyzed for legal purposes, but based on X-rays, the bullet stuck near Lyndel’s liver looked to be in decent shape. So the Livingston County sheriff’s office covered the $25,000 expense of surgically removing it. In August 1992, after a three-hour operation, the bullet came out. Shortly after the surgery, Calvert confiscated Claude Woodworth’s Ruger pistol as part of a purported reexamination of potential murder weapons.

According to Calvert’s report, he “sealed the [bullet] in an evidence bag and transported it to Livingston County Sheriff’s Office in the evidence room for safekeeping.” However, there is no record that the bullet was ever signed in to the property room, and Deister’s notes contradict Calvert’s, indicating that the private investigator was the one who took the bullet from the hospital and kept it in his custody:

Lyndel’s surgery at Research Hospital.

10:55 a.m. entered surgery—1:55 p.m. received bullet from [Nurse] Woodson

2:20 p.m. spoke with doctor

At the time, Deister was married to a woman from England, and during visits to his wife’s home country he’d befriended a man named Roger Summers, who was the head of forensics for the police department in Derbyshire. A few weeks after Lyndel’s surgery, and after two separate analyses in Missouri had indicated that the extracted bullet wasn’t fired from Claude’s revolver, Deister called Summers to discuss the case. Ten days later, Deister sent Summers a letter detailing his involvement in the shooting investigation. The letter wouldn’t be introduced into legal evidence until Ramsey subpoenaed Summers’s lab almost two decades later.

“I was hired by Lyndel Robertson (the husband) to investigate the murder of his wife,” Deister wrote, adding that before he came aboard, the “Livingston County Sheriff’s Department had pretty much given up on the investigation.” He continued, “I zeroed in on the business partner’s 16-year-old-son, who lived across the highway,” because he sensed that Mark saw an opportunity to enact vengeance, and to gain his father’s approval, as the farming partnership deteriorated. Then Deister wrote:

As I mentioned during our telephone conversation, our case against this boy is very weak without the ballistic evidence, and even though I’m not a quitter, I really don’t think we will ever have a good case if this firearm can’t be identified as the shooter’s weapon. Therefore, we are willing to take whatever steps necessary, within reason, to identify this weapon.

On October 20, Deister packed the bullet and gun in his luggage and flew to England for a nine-day visit. Calvert sent a FedEx package containing other bullet fragments from the crime scene; instead of signing the mailing slip with his title at the sheriff’s office, Calvert indicated that he was an employee of DunCourt and Associates. An investigator ran tests on the evidence. When Deister returned from his trip, he submitted annotated expenses—airline tickets, lodging, meals, sundries—to Lyndel for reimbursement.

Read Terry Deister’s call log from the fall of 1992.
Read Terry Deister’s call log from the fall of 1992.

A forensic investigator named Steve Nicklin issued three reports based on his analysis, a preliminary one in April 1993 and two finalized versions that June. The first stated that Claude’s gun could have fired the bullet removed from Lyndel but that there was not “enough detail agreement to show a conclusive association between the two items.” Consequently, Nicklin was “unable to rule out the possibility that some other weapon fired the bullet.” A June 7 report stated much the same, though Nicklin said that details of the analysis “in my opinion, strongly suggest” Claude’s gun fired the bullet. The final report, from June 22, went further: While it reiterated that there was no “conclusive association” between the pieces of evidence, it also described a scratch on the ridges inside the gun’s barrel as being “a very unusual feature.” The scratch appeared to line up with a marking on the bullet, leading Nicklin to conclude that “the likelihood of some other weapon being responsible … seems extremely small. I hope this clarifies the position for you.”

He was addressing Deister. According to Nicklin’s subsequent testimony and Deister’s own notes, Deister spoke multiple times with the lab in England when it was completing its reports.

Claude and Jackie insisted there was no way Mark had used the gun. They said they kept their bedroom door locked while sleeping and the gun loaded at all times on top of a dresser near the bed. Deister suggested that the lock was easy to pick and that Mark had reloaded the gun with Lyndel’s ammunition after using the weapon to shoot the Robertsons. Somehow he’d been so quiet as he moved that no one in the Woodworth or Robertson house heard him.

“If a boy was going to slip in a bedroom and snatch a gun off the chest of drawers, go over, and shoot somebody, do you think he’d bring it back empty?” Deister asked.

“Do you think that after you shot somebody you would be really in your right mind to think, yeah, I’ve gotta load this gun?” Jackie replied.

“To be real honest with you, Jackie,” Deister said, “with somebody with emotions as quiet as your son, yes.”


2011

In the lead-up to the Oxenhandler hearing, Ramsey and Williams were running ragged. Long days and late nights kept Ramsey from cooking Sunday dinner for his family and in-laws, a weekly tradition. He slept little and ate rarely, which worried his wife, given his heart problems. Williams saw her children only in brief spurts, which weighed on her maternal conscience. Still, she considered the work she was doing important, and she hoped to be an example to her kids.

Sensing that, like the dealings revealed by the Lewis letters, Deister’s involvement in the case might constitute a violation of Mark’s legal rights, Ramsey and Williams wanted to talk to Deister under oath. Ramsey dispatched a paralegal from Bilbrey’s to meet with Deister, who was then 77 and semiretired, at a Panera Bread in Kansas City. Deister consented to a deposition and, according to the paralegal’s notes, said he “had done nothing wrong” and “never had a doubt that Mark Woodworth was guilty.” Deister continued, “Mark should have just quit after the first trial. He would probably already be out by now.”

The deposition took place on March 1, 2011, at the Chillicothe library, located behind the courthouse. Children read picture books about heroes and villains in a nook by the front windows. Ramsey and Williams met Deister and a representative of the state attorney general’s office in a conference room. Deister’s black mustache had long since turned gray, his belly hung over his belt, and a bald patch had given way to a liver-spotted scalp with wisps of faded hair. Though he looked world-weary, he was combative when he spoke.

“Why were you concerned about how they were going to react?” Ramsey asked, referring to Deister’s decision to keep the full extent of his and Calvert’s work—Deister’s access to the case files, for instance—private from other law enforcement.

“Why not?” Deister retorted.

“I’m asking you, sir,” Ramsey said.

“Because I’d be concerned about anybody having objections to me working the case with the sheriff’s department, with Gary,” Deister said.

“Why would the troopers have an objection to you?” Ramsey asked.

“Why would they?” Deister said, again using a coy restatement of Ramsey’s question. “For no reason other than the fact that there’s a civilian out there doing some of the work.”  

“It had nothing to do with the reason you resigned from the Platte County sheriff’s department?” Ramsey asked, hitting on a sore subject.

“Why don’t you go look up a different street?” Deister said, his tone now tense. “No, it didn’t have anything to do with that.”

Ramsey was referring to an incident from 1981, when Deister was still on the vice squad in Platte County and was leading an investigation of a prostitution ring tied to a business called Utopia Health Studio. Allegedly a massage parlor, Utopia boasted several mirrored rooms with mattresses on raised, carpeted platforms, as well as a rock-cave suite equipped with heavy chains, a padded stockade, and leather whips. The FBI suspected that Deister might have been doing more than probing the business, and Deister faced possible criminal charges for promoting prostitution. He resigned from his job. Soon after, he hung out his shingle as a private eye.

At the conference table, Williams pulled a document out of a plastic box. Ramsey handed it to Deister.

“Page 76,” Ramsey instructed.

“OK.”

“Who is Brent?”

“Who is who?” Deister said.

“It talks about a Brent. I’ve got a telephone number here.” Ramsey directed Deister to an entry on the private eye’s call log from the Woodworth investigation.

“Brent Elliott,” Deister said, referring to the former Livingston County prosecutor who had also served as Judge Lewis’s personal attorney.

Ramsey grilled Deister about his interactions with Elliott, which seemed to incense the investigator. “I have no respect for your kind, believe me,” Deister said to Ramsey. “You’re nothing but a parasite.” Ramsey had anticipated this turn in the exchange. “One of my goals was to knock him off balance, kind of an aikido move,” he later explained. “Getting under his skin, it took about two minutes to do that.”

Ramsey and Williams presented another page of Deister’s notes, on DunCourt and Associates letterhead. “I guess you don’t remember the September 1, 1992 phone call you had with Brent Elliott, do you?” Ramsey asked. The call occurred during a week when Deister spoke multiple times with both Elliott and Roger Summers, his friend at the forensics lab in England.

“Apparently not, no,” Deister said.

In tabbed folders arranged by Williams, Ramsey had the full scope of Lyndel’s payments to Deister, totaling about $35,000 in the form of checks, the title of Cathy’s Suburban, and wheat that Lyndel sold in Deister’s name. Ramsey grilled Deister on the apparent malfeasance of his concurrent involvement in the shooting investigation and the embezzlement case. “I got about as much respect for you as I do a flea on the ground,” Deister said at one point. “You’re not even looking at the real issues on who killed this woman.” Afterward he called Calvert, with whom he was still friendly, to say how mad he was.

“I have no respect for your kind, believe me. You’re nothing but a parasite.” 

Before his own deposition a few weeks later, Calvert agreed to meet Ramsey and Williams at a small hotel in Chillicothe sometimes frequented by fabric enthusiasts because of its proximity to the Missouri Star Quilt Company. Calvert, a thin man with large-frame glasses and a tendency to speak in a mumble, no longer worked at the sheriff’s office. He’d become sheriff of Livingston County in the 1990s and then left public service in 2001, securing lucrative work doing background checks and other investigative assignments in the Middle East on behalf of the U.S. military and various contractors. He’d returned home in 2006 and started working for a security firm from a desk at his home on the outskirts of Chillicothe. Calvert had recently married a woman named Slavica, who had a thick Eastern European accent and accompanied him to the hotel room. She sat stiffly to one side during the conversation, staring at Williams.

Ramsey wanted to talk with Calvert before the deposition in hope that the former lawman’s instinct for self-preservation would kick in once he heard what he’d be asked under oath. Ramsey showed Calvert the Lewis letters; Calvert said that he’d never seen them before. “Yeah, that’s what everyone’s been saying,” Ramsey replied. (Judge Lewis, who by then had retired and was frail from a battle with cancer, was adamant in his own deposition that the letters revealed nothing unethical. He died in 2016 at the age of 79.)

Ramsey also asked Calvert about Lyndel recanting his initial accusation against Brandon Hagan. “Lyndel never changed his story in his testimony,” Calvert insisted. Which was technically true: Lyndel had never said Brandon was the killer under oath. By the time Lyndel gave sworn statements, Brandon had an alibi and the Robertsons were suspicious of Mark.

A few weeks later, at his deposition, Calvert claimed that he was unable to recall many of the details of his work with Deister—the result of a poor memory that Slavica sometimes complained about, he mused. The exchange was largely uneventful. Then, near the end, as Ramsey and Williams were getting ready to pack up their files and equipment, Calvert offered to explain how he’d once obtained Brandon’s fingerprints. “No, that’s OK,” Ramsey said, since it seemed like trivial information at best. Then he changed his mind. “Well, yeah, what happened?”

Calvert said he’d gotten the prints from police in Independence, who took them after Rochelle Robertson filed a complaint against Brandon for ignoring a restraining order that she’d obtained a week after her mother’s death. “He violated that order of protection,” Calvert said.

Ramsey and Williams were confused. They knew about the protective order, but Rochelle had testified under oath years before that Brandon had never violated it. Moreover, in the records Ramsey and Williams had obtained from law enforcement, there was no mention of Brandon breaching the order’s terms. “Would that show up in the court file?” Ramsey asked.

“I’m sure,” Calvert replied. Ramsey and Williams thought that they saw a slight smirk on his face.

Williams made a beeline for the courthouse. As with Faustenau’s transcription, it turned out that documents weren’t where they should have been. There were indeed records of Brandon making harassing phone calls to Rochelle on multiple occasions, but they’d been put in a folder separate from the protective order itself. And for some reason, the second folder had been transferred to a courthouse in another county—where none other than Brent Elliott, who’d been Rochelle’s attorney when she obtained the order, was now a judge. The records had never been produced at Mark’s trials to contradict Rochelle’s testimony about Brandon and call her credibility as a witness into question.

Several mysteries suddenly emerged: Why had Rochelle lied? Was there a good explanation, or was she trying to hide something? Who would go to the trouble of burying evidence of Brandon’s continued, illegal contact with Rochelle—and why?

Ramsey and Williams’s goal in the Oxenhandler hearing would be to show that Mark hadn’t received a fair trial. But they could also argue that the Lewis letters represented an evidentiary gateway to examine information that suggested a compelling new theory of the crime. The violations of the protective order might be that sort of information. It turned out there was more.

Part IV


1990

If she wasn’t quarreling with Brandon, Rochelle was arguing with her mother about Brandon. He was a prototypical bad boy who got into fights after drinking enough beer at high school parties. He twice beat up another guy Rochelle had dated. When he got mad at his girlfriend, he sometimes hit her, too. One time he choked Rochelle on a bed and threatened to break her neck. According to a friend of Rochelle’s who spoke under oath, if Brandon didn’t feel like his girlfriend was respecting him, he’d sometimes drive her through the countryside, accelerating to reckless speeds until she begged him to stop. If ever they broke up, Brandon threatened, he’d commit suicide.

Still, Rochelle loved him, and she hated that her mother told her what to do. Cathy said she’d buy Rochelle a car if she ended things, but Rochelle said no. Her relationship, however fraught, was her business.

Cathy’s sister later told investigators that, when Rochelle lived at home, she was “disruptive” and “self-centered.” Lyndel’s brother reported that Cathy had once “told Rochelle that she should leave and not come back.” In her own interview with police, Rochelle said of her mother, “I loved her and everything, but it’s just that—it seemed like she didn’t like any of my boyfriends and I never did anything right.”

“I could never look her in the eye,” she said in the same interview, “because I always felt that she didn’t like me very much.”

Even when Cathy was hardly speaking to their eldest child, Lyndel would slip Rochelle cash to cover her expenses. The situation with Brandon coincided with a rough patch in Lyndel and Cathy’s marriage. Farmhands sensed it on the walkie-talkies they used while working in the Robertsons’ fields. “Cathy would just rip into Lyndel on the radio,” Chris Ruoff said. On a car trip with their children the summer before the shooting, Lyndel ended an argument he and Cathy were having by slapping his wife across the face. She didn’t speak to him for several days afterward.

At the Hy-Vee grocery store, where she worked at the deli the summer before going to St. Joseph, Rochelle talked to her colleagues about the problems at home. According to her manager, Loronda Corbin, Rochelle said she “hated” her mother, “wished she was dead,” and “wished somebody would shoot her.” (Corbin was not called as a witness at either of Mark’s trials.) Later, at the Brass Buckle in St. Joseph, Rochelle was again candid about her relationship problems. Keri Lehmer, her boss, told investigators that she “knew Rochelle’s parents wanted them apart.”  

A few hours after the shooting, police came to Rochelle’s apartment in St. Joseph. She didn’t answer their knocking, so the officers unbolted her door. She said she’d been sleeping with a fan on and hadn’t heard them. Not long after, Kevin Price, a construction worker sent by a family friend, picked Rochelle up to bring her back to Chillicothe. During the drive, Rochelle said little, and Price didn’t try to draw her out. At one point, Price recalled Rochelle asking if her parents were hurt badly in the accident. Price said he told her about the shooting and her mother’s death. As they got closer to Chillicothe, Price mentioned that Brandon was a suspect. Rochelle insisted that Brandon hadn’t done it. According to Price, she said she’d spoken with her boyfriend on the phone at his home in Independence at 11 p.m., placing Brandon too far away from her parents’ house to have arrived there by the time of the shooting.

Price dropped off Rochelle at the home of Rhonda’s boyfriend, Brian Alexander, where the Robertson children had been taken from the crime scene. Soon after, Brandon arrived, too; Rochelle had called him as soon as the police showed up at her apartment. Brandon would later tell investigators that a friend drove him to Chillicothe, where he borrowed a Jeep that his old wrestling coach sometimes lent to athletes. Amy Baldwin, a friend of Rhonda’s, rode with Brandon from Chillicothe’s high school to the Alexanders’ house. Baldwin remembered Brandon saying, “I can’t believe this happened. I feel sorry for the family.”

The house was bustling with friends, relatives, and investigators, who were interviewing the Robertson kids one by one. Brandon gave Rochelle a hug and stood with her for a while, then walked over to Rhonda. “Do you think I shot them?” Brandon asked. Rhonda turned away and didn’t answer.

Brandon asked again, “Do you really think I did this?”

“I don’t know,” Rhonda said.

At some point, Brandon and Rochelle went upstairs into a room and closed the door behind them. According to Rochelle, they talked about questions that investigators might ask Brandon. The secrecy of the situation didn’t sit well with Marvin Alexander, Brian’s father, who knocked on the door and told them to come out.

Brandon went to the sheriff’s office to be interviewed. He gave his alibi, which his family confirmed: He’d been in his room by 9 p.m., and his sister placed him asleep in bed at 10:40 p.m., when she went in to get a blanket. His mother had been up until 1 a.m., when her husband came home from a swing shift, and she never saw Brandon leave. Brandon also confirmed that Rochelle had called him from St. Joseph before Price picked her up that morning. He described her as “real hysterical, and she was crying and everything, and she told me what happened.”

This seemed to conflict with Price’s version of events, in which he was the first to tell Rochelle that there’d been a shooting, not an accident. However, investigators either didn’t catch the disparity or didn’t think it was important enough to pursue. The same day, about 12 hours after the shooting, Brandon’s hands tested positive for gunshot residue. In Mark’s second trial, a forensic chemist would testify that the analysis fell outside the time frame for obtaining reliable results.  

Read Rochelle Robertson’s restraining order.
Read Rochelle Robertson’s restraining order.

In her own interview, with Calvert and other investigators, Rochelle reiterated that she thought Brandon was innocent. One detail in her story had changed, however: She did not tell police that she’d spoken to Brandon on the phone the night of the shooting. Instead, she said that she’d gone home after work, read part of a Danielle Steel novel, and fallen asleep before midnight. This version of events fit neatly with Brandon’s alibi, even more so than the one in which the pair talked before bed. If his sister said he was asleep before 11 p.m., Brandon couldn’t have been on the phone then.

Law enforcement confirmed that Rochelle had been at work the evening of the murder, and they interviewed her roommate, Baniki Dawson, who described Brandon as “very jealous and possessive.” The report didn’t indicate whether the officers had asked Dawson about Rochelle’s activity the night of the shooting. Similarly, if the investigators had checked the phone records from Brandon’s house, that information wasn’t included in the case files.

The tone of Rochelle’s interview shifted when an investigator suggested that the shooter must have known “right where they were going” and “had the gall to walk by” two of the Robertson children’s bedrooms before killing their mother. “The way I pictured it in my mind,” Rochelle responded, “was somebody went and opened the door, and they just stood right in the doorway, and it was dark. I don’t know how the moon was outside, but this is how I picture it in my mind. The curtains are open, and you can see because of the moonlight, and they shot my mom and then they shot my dad. That’s all that I can think of.”

An investigator asked what Rochelle imagined Lyndel doing when he woke up, before being shot. “I picture it happened so fast, he doesn’t really—I picture bang, bang,” she said. “I picture them shooting her and then him right after, before he even has a chance to sit up.”

“You think it was done with a pistol or a rifle?”

“When I picture it, I think of a pistol. But I don’t know,” Rochelle said. “I pictured myself behind the person, [looking] around their shoulder and looking right at the gun.”

Rochelle’s description of the crime made investigators suspicious. In a second interrogation, they asked about Brandon’s abuse. At first, Rochelle said that he’d never been violent with her. When investigators pressed her, she recanted. “I lied about one thing,” Rochelle admitted.

“You’ve lied about a lot more things than one thing,” an officer replied. “If you think that you’re going to skate on us just because you’re an attractive, nice-looking girl, you’re not going to skate. If you’re dirty, we’re going to prove it.”

“I’m not covering for him,” Rochelle said of Brandon. “I’m telling you everything I can tell you.”

“But what’s your gut tell you?” Calvert asked.

“When I first heard, I didn’t know who could do that. Everybody’s been talking about Brandon, Brandon, Brandon—and I started getting doubt in my mind,” Rochelle said. “In my heart, I don’t think he did that to me.”

Unbeknownst to most people in Chillicothe, at the time, Rochelle was pregnant with Brandon’s child. Nine days before the shooting, on a trip home from St. Joseph, Rochelle had shown her friend Carmen Kinsella the positive results of a pregnancy test from her college clinic. She was about three months along. She also shared the $500 estimate for the abortion she was scheduled to have a few days later in Kansas City. Brandon had offered to pay for the procedure, but he’d also waffled on whether he actually wanted Rochelle to go through with it. They’d talked about keeping the baby. Crying on a sidewalk in downtown Chillicothe, Rochelle told Kinsella that she wasn’t sure what to do.

Ultimately, Rochelle skipped her abortion appointment. Lyndel would later tell investigators that he and Cathy weren’t aware of the pregnancy. But Brandon told Rochelle he suspected that Cathy knew because she had a mother’s intuition.

Whether this was true or not, Cathy tried in earnest to break the couple up in the weeks before the shooting. One day she called Brandon’s mother, Renee Thomure, and demanded that she tell her son to stop seeing Rochelle. Cathy threatened to take out a restraining order if Brandon kept coming around, and she said that he needed professional help to get over Rochelle. Thomure reportedly tried to calm Cathy down. “I’ve never done nothing to you, you don’t know me from nowhere, and I’ve been nice to you,” she said, according to Brandon. “I’d like to expect the same from you.”

The call didn’t work, and Cathy kept her word. She went to the Chillicothe police station and got the paperwork for a restraining order. The night of the shooting, she left it sitting on the kitchen table.  

In the days after the crime, Rochelle’s family told her to terminate the pregnancy as well as her relationship with Brandon. She called Brandon to tell him that she was taking out a protective order against him. The next day, she wrote on the legal form in wide script that he “has struck me in the past, and has made frequent harassing telephone calls.” She added that he “may have murdered my mother and attempted to kill my father.” Soon after, a friend drove Rochelle to get the abortion. (The pregnancy was not mentioned at the first trial and was brought up only briefly at the second.)

Two months after the shooting, Rochelle took a polygraph test. One of the questions was “Did you shoot your parents?” She failed. Polygraphs are controversial; their accuracy in identifying lies is a matter of scientific debate. The examiner largely attributed the outcome of Rochelle’s test to her trying to control her breathing instead of acting and speaking naturally. She agreed to take another one but never did. A few days later, Claude Woodworth heard from friends that Lyndel was telling people his business partner might be involved in the murder.


2011

Rochelle arrived at her deposition with Ramsey and Williams in the Livingston County library wearing a pink T-shirt that said “Fashion Is Not a Luxury.” Metal bracelets clanked on her wrists, and a silver cross hung from a chain around her neck. Her last name was Koehly now, and she and her husband had two sons. She still lived in Chillicothe and was involved in 4-H like her mother had been.

According to Williams, the goal of the exchange was to “get onto the record all of the things that had been swept under the rug at the first two trials, all the inconsistencies” that she and Ramsey had discovered in the case files and in interviews. During the deposition, Rochelle claimed 59 times that she couldn’t recall details of events surrounding her mother’s death and the murder investigation. She attributed this to a bad memory she’d had since she was a child.

“Did you tell anyone after you found out your parents had been shot that Brandon couldn’t have done the shooting,” Ramsey asked, “because you called him at a time when he couldn’t have been in Chillicothe?”

“I don’t remember saying that to anybody,” Rochelle said.

“Did you ever see any reports of any persons, especially from a person named Kevin Price, that indicated that?

“No.”

“Would you have any reason to dispute Kevin Price if that’s what he said?”

“Who is Kevin Price?”

“Do you know Kevin Price?”

“I don’t think so. That name sounds vaguely familiar, but I can’t think of who that is.”

Ramsey glanced at Williams, who pulled a document from a folder.

“I’m going to show you what’s been marked as Exhibit 13,” Ramsey said, sliding over the portion of Rochelle’s interrogation from shortly after the murder in which she’d conceded that Brandon had been violent with her. Among the instances she’d described to investigators was one in which Brandon punched the dashboard of her car. Rochelle sat silently as she read over her own words.

“How do I answer this? Because I don’t know. I don’t remember,” Rochelle said, glancing over at a representative from the attorney general’s office who was present for the deposition. “I mean, if somebody said it—and I’m not disputing that I had said it to them, but I don’t remember saying it to them. How do I—how do I—what do I do?”

“I’m just asking you if you dispute it,” Ramsey said.

“He never damaged my vehicle.”

“Do you dispute that you then later said, ‘The only thing I lied about was being punched in the eye.’”

“No, I don’t dispute that.”

Later in the deposition, Ramsey asked Rochelle why she’d lied about the abuse. “Because I was embarrassed,” she said, looking down at the table. “But then I came back later and told them.”

Ramsey directed Rochelle to another passage from her 1990 interrogation, in which she asked the officers questioning her whether they thought Brandon could kill somebody. “What do you think?” an investigator replied. “Maybe it’s just that I don’t want to think it,” Rochelle said.

Ramsey asked if Rochelle disputed that the exchange had occurred. She said she did not.

Rochelle asked the officers whether they thought Brandon could kill somebody. “What do you think?” an investigator replied.

Williams took on the task of compiling documentation of Brandon’s criminal history. Ramsey referred to Williams as his right arm, but she preferred the nickname Ramsey’s Google, given to her because she could find any detail in tens of thousands of pages of case files in a matter of minutes. Williams also proved as unflappable as a seasoned investigator when it came to tracking down police reports, cold-calling witnesses, and showing up at people’s doors.

She learned that, in 2006, Brandon was sentenced to six months in jail for drunk driving. Three years later, Sandy O’Connell, the mother of a young woman who was pregnant with Brandon’s child, approached police near the town of Lake Ozark, where Brandon was living. “He has beaten on my daughter,” O’Connell reported. “Brandon Hagan has personally threatened to kill me and has told me that he would kill me and my ‘white trash family.’” In the midst of Williams gathering evidence, police in Jefferson City received another abuse complaint against Brandon, this time from neighbors of his then girlfriend, Amanda Feuerborn. An officer observed in a report that Feuerborn’s “left eye was starting to turn black and blue,” which she said was from Brandon punching her; when she tried to get away, “he slapped her and threw her on the floor.”

Brandon’s persistent violence against women was shocking, but it didn’t implicate him in the Robertson shooting. Then a report from a man stopped Williams in her tracks. She got her hands on the document after law enforcement near Lake Ozark passed it to the sheriff’s office in Chillicothe, where a man named Steve Cox was now in charge. According to the report, an individual named Aaron Duncan had approached law enforcement and said that Brandon had bragged about being a “number-one suspect” in a murder investigation that “had gone on a long time.”

Williams drove from St. Louis to visit Duncan, a 26-year-old mixed-martial-arts (MMA) fighter who’d got to know Brandon when the former wrestler was cutting his teeth as a fight promoter, one of a few careers Brandon had tried on for size. Duncan and his wife greeted Williams and sent their children to play so that Duncan could tell his story, which he later repeated in a deposition.

One night in 2008, Duncan had gone over to Brandon’s house. The men were drinking in the garage when Brandon started rifling through some boxes. There were wrestling trophies inside, but Brandon was more interested in newspaper clippings from a time when, he told Duncan, he’d been accused of murdering his girlfriend’s mom. The girlfriend’s parents “had wanted her to stop seeing him,” Duncan recalled. “Brandon said they’d fought all the time, this and that, him and the parents. And they thought he was too aggressive for her.” Brandon also talked about “someone named Mark,” Duncan said. “He was really talking down about this Mark guy, like how stupid he was.”

Duncan said that Brandon had made self-incriminating disclosures in the past, about cooking meth in college, selling ecstasy pills, and beating someone in Chicago with a golf club. Talking about being a murder suspect was, however perversely, in character for the Brandon that Duncan knew. “I didn’t think twice about it,” Duncan said.

Two weeks after the conversation in the garage, Brandon came to Duncan and asked for a $5,000 investment in an MMA venue he was hoping to open. Duncan had young kids at home, and money was tight, so he said he couldn’t help. “He flew off the handle,” Duncan said of Brandon. When Duncan told him to calm down, Brandon threatened to kill his friend’s family.

“I’ve killed before and got away with it,” Duncan recalled Brandon saying. “What makes you think I can’t do it again?’

Williams was dumbfounded. “It was a holy-shit moment,” she said. Then again, the case was full of those, so she was getting used to how they felt. “You realize there are ten more holy shits you’re going to find after that,” Williams said. “For each one, you’re going to go back through everything in the case file to see if that changes the way you see anything you thought you understood already.”

Williams had to wonder why Brandon would boast so cavalierly about murder and risk getting caught. Maybe he had a twisted reason for bragging about a crime he didn’t actually commit. His alibi, after all, had never been contradicted in court. Then Williams and Ramsey, along with Steve Cox at the Livingston County sheriff’s office, started getting calls from people in Chillicothe with other stories about Brandon.


1990

June Cairns was used to her son Matt’s friends coming over to the house. A high school wrestler popular among his peers, Matt often held court in the Cairns living room with guys on his team. Matt wasn’t particularly close with Brandon, whom he found cocky and a little too quick to pick fights over stupid things. Still, Brandon sometimes crashed at Matt’s house after parties or hung out on the family’s couch watching TV. He even kept coming by after he’d moved to Independence. June thought Brandon had worn out his welcome.

One weekend in October 1990, Brandon stopped by the Cairns house to see Matt. He also wanted to use the family’s phone. Standing in the kitchen, he dialed the Robertsons’ number, and Cathy answered. Brandon asked to speak to Rochelle, who was home that day from St. Joseph, and Cathy said no. Brandon began yelling.

“You bitch!” June heard him say. “I’m going to slit your throat!”

June shot up from the dining room chair where she was sitting and went into the kitchen. “You don’t talk that way on my phone,” she told Brandon. She recalled him leaving the house without apologizing.

June saw Brandon again the morning of November 14. Sometime between 6 and 7 a.m., she was having coffee with her daughter and son-in-law when Brandon breezed into the house and went upstairs. Hours later, June heard about the murder of the shooting from the night before and Cathy Robertson’s death. She gave a formal statement to investigators, detailing what she’d heard Brandon say to Cathy on the phone and his arrival at her house the morning after the shooting. The investigators’ report, however, noted only that “Brandon started ‘bitching out’ Cathy Robertson and made threats toward her and Rochelle.” It didn’t include the time frame when June said Brandon had arrived at her home on November 14—which was around when Brandon had told police he’d left Independence.

An additional witness encountered Brandon at Chillicothe’s high school earlier than would have been possible if he were telling the truth. Bob Fairchild, the assistant principal, claimed to have seen Brandon in a hallway between 7:30 and 7:45 a.m. Angie Smith, a teenager who lived down the road from the Robertsons, told law enforcement that, later that day, Brandon approached her and asked if she’d seen anything the night before. Smith said she hadn’t. She told investigators that she “thought that Brandon was more concerned with covering himself than his concern over what had happened.”

At least three other people claimed to have seen Brandon in Chillicothe the night of the shooting. Melissa Suchsland, a fellow high schooler, said she spotted him at an Amoco station between 9 and 10 p.m., standing next to what looked like a Bronco. After news of the shooting spread, Suchsland’s mother took her to the sheriff’s office to report what she’d seen; Suchsland would testify at Mark’s second trial, during which the prosecution questioned her memory and suggested that she was just looking for media attention. Mike Thistlethwaite, who’d once played sports with Brandon, told a friend that he’d seen his former teammate at the town’s bowling alley around 11 p.m. The friend approached the sheriff’s office with this information, and Thistlethwaite later testified that law enforcement never contacted him to follow up.

Then there was Linda Zurmiller, who had a daughter about Brandon’s age. According to Zurmiller, around 10:30 p.m. she pulled up to a stoplight near Chillicothe’s Sonic drive-in, and she saw Brandon in the car next to her. When Zurmiller spoke to law enforcement shortly after the shooting, she noted that it was strange to see Brandon on a weeknight, and at such a late hour, because he didn’t live in Chillicothe anymore. After Mark was convicted, Zurmiller approached the chief deputy sheriff to ask why her report hadn’t influenced the case. “Deputy Calvert told me that Brandon Thomure Hagan’s mother had given him an iron-clad alibi and they couldn’t go above what his mother said,” Zurmiller stated in an affidavit. Calvert told her that Brandon’s mom “opened his bedroom door and he was asleep in bed” the night of the shooting.

“And I told him no,” Zurmiller said, “he was not.”


2011

Ramsey and Williams had gathered nearly 200 pieces of evidence that they planned to submit during the hearing. At Bilbrey’s, with just a few weeks to go, they took stock of what the raft of testimony and documents told them about the case. Much of it pointed to faulty police work and an undue focus on convicting Mark. More evidence than they’d anticipated, however, made Brandon look guilty. It was all circumstantial, which wasn’t enough for a prosecutor to build a case on—and that wasn’t their job anyway. Still, the legal team hoped to use the hearing to at least air what they’d learned about Brandon.

They also wanted Brandon himself to testify, which meant tracking him down. Williams volunteered to go to bars he’d been known to frequent in and around Lake Ozark. “I wasn’t afraid of him. I thought he was a bully, and bullies never scared me,” she said. Ramsey, though, wouldn’t hear of it. “We’re not putting you in harm’s way,” he told Williams.

Instead, Williams contacted Brandon on the phone. He bounced around a lot; his various run-ins with the law didn’t help him hold down steady employment, and when child-support payments and tax liens piled up, he sometimes moved back in with his mother in Independence. Recently, though, he’d got an apartment in Jefferson City. When Brandon answered, and Williams explained who she was, he was defensive. “Every time I talk to someone my words get jumped and turned around,” he said. Brandon declared himself innocent. “I don’t know why everyone is focused on me,” he said. “You should talk to Rochelle.”

The statement took Williams by surprise. She’d assumed that Brandon and Rochelle had stopped talking many years earlier. Why would they still be in touch?

“Do you have a number for her?” Williams asked.

“I call my mom if I need to get ahold of her,” Brandon said. “She calls Lyndel and gets Rochelle’s number for me to talk to her.” (In her deposition, Rochelle told Ramsey that she and Brandon hadn’t spoken since 2003 or 2004.)

Williams asked what Brandon’s mom and Lyndel had to talk about. Brandon said “newspaper articles about the case”—a reference to Alan Zagier’s AP reporting from a few years prior. Williams planned to inquire next about what he and Rochelle had to discuss, but Brandon cut things short.

“How would talking to me help anything?” he asked. The call suddenly dropped. When Williams tried Brandon’s number again, it went straight to voice mail. On a later call, Brandon told Williams and Ramsey that he wouldn’t talk without a lawyer. His mother also said she had no interest in talking.

A few weeks later, Williams and Ramsey showed up at Brandon’s apartment. Because of his wrestling and MMA experience, Williams expected him to have a commanding physical presence. The man who opened the door was small and compact. He held a shirt in one hand, and he had shaving cream on his face. Williams explained that he was needed to testify at the hearing about his past statements to police. “They raped me for years,” Brandon said of law enforcement. “I’m not going back to court. I’m the victim here.”

When Williams tried to ask Brandon questions, he said, “I’m not talking to you—you have to talk to my lawyer.” She pointed out that he’d eventually have to speak under oath, and he asked defiantly, “Well, what if I don’t come?”

There, on the doorstep, Brandon was served with a subpoena.

Part V


2011

On Mark Woodworth’s 3,498th day in prison, he woke up at 5 a.m. He put on a gray uniform, and guards placed his wrists in shackles. He walked down a series of sterile corridors until he reached a door. Outside was a car waiting to take him away from Crossroads Correctional. It was a nearly three-hour drive to Boone County, where the evidentiary hearing was scheduled to begin that day—May 31, 2011—in Judge Oxenhandler’s court. From the car’s backseat, Mark looked out the windows as mile after mile of flat farmland zipped by. A leaden dawn eventually gave way to bright sunshine. Mark saw green pastures, roaming cattle, and rows of freshly planted crops fading to a blur on the horizon. Once this had all been familiar; now it was foreign.

At the courthouse, officers escorted Mark to a small room, where he traded the uniform for a dress shirt, slacks, and shiny black shoes. It was the first time he’d worn civilian clothes in more than a decade. His parents, who’d brought the outfit from Chillicothe, were waiting in the courtroom with dozens of friends. Members of the Free Mark Woodworth campaign, which had raised money for his legal fees and designed T-shirts and license-plate holders promoting the cause, had met early that morning in the parking lot of Chillicothe’s Hy-Vee. Loaded down with home-baked cookies and thermoses of coffee, they’d piled into rented vans and caravanned to Boone County.

Among the supporters was Chris Ruoff, who was sure Mark had been bulldozed, and Kathy Smith, whose backyard shared a border with the Robertsons’. After Cathy was murdered, Rhonda, still in high school, would call up Smith to ask how to get a grass stain out of her brother’s baseball pants or what kind of soup goes well with grilled-cheese sandwiches. “I said ‘I would do chicken noodle soup’ and just have tears in my eyes, because that’s not something a 16-year-old girl should be thinking about,” Smith said. But while her heart went out to the Robertsons, she didn’t think Mark was guilty. “I needed to hear myself, firsthand, some of the things that had been rumored about in town,” Smith said of her decision to travel to Boone County.

On the other side of the courtroom were the Robertsons with a smaller group of allies. The siblings were now adults, raising kids of their own. The family had never wavered in their belief that Mark killed Cathy, but they were powerless to keep rival forces at bay in a place as small as Chillicothe. Rhonda and her husband had stopped buying farm supplies from a business that supported the Free Mark Woodworth crusade. Family friends had quit going to their church after the reverend offered up prayers for the Woodworths. Not long before the evidentiary hearing, an elementary school classmate of Rhonda’s son had approached him and said, “I don’t think he’s guilty,” before turning and walking away. The statement was a kind of shorthand, a fragment of knowing language that embodied the town’s intimacy and tapped into the powerful emotional charge that had pulsed through it since November 1990.

Mark, Ramsey, and Williams filed into the courtroom and took their places at the defense table. Ted Bruce and Stephen Hawke, representatives from the state attorney general’s office, sat across the aisle. Oxenhandler, a stern man with a white beard who talked rapidly, as if to convey that he didn’t have time for people to waste, called the court to order for the first of four days.

Ramsey’s plan was to petition Oxenhandler for habeas corpus relief, which would free Mark on the grounds that he hadn’t received a fair trial. To Ramsey’s mind, the case against his client represented a manifest injustice, and he would call some 30 witnesses to prove it. The prosecution, however, argued that the only question at stake was whether there was any new evidence to consider. They planned to show that all the exhibits Ramsey had mustered, including the Lewis letters, had been available to Mark’s previous attorneys. If past counsel made poor strategic decisions with that evidence, the state wasn’t to blame.

One by one, Ramsey called his witnesses. Terry Deister was on the stand for the longest stretch of time; it was the first court testimony he’d ever given about Mark’s case.

“You were working for Mr. Robertson in the capacity of helping him defend against a lawsuit, weren’t you?” Ramsey asked.

“I don’t remember anything about that,” Deister said.

Williams handed Ramsey another exhibit: a note from June 1991 in which the private eye had written, “I expressed my concerns about the profile of Mark Woodworth from what I had determined about the conversations I had with Lyndel Robertson.” What did Lyndel say about his neighbor’s son? Ramsey asked.

“I don’t remember,” Deister said.

Ramsey read directly from the evidence. “‘He seemed to be a prime candidate to fall under the profile of an individual who would do almost anything to get the approval [of] his father,’” Ramsey said. “What facts did you base that on? Was that the information you received from Lyndel Robertson?”

“Possibly, yes,” Deister said.

“You knew at that point that Mr. Robertson, your client, was being sued by Mark Woodworth’s father, alleging fraud, didn’t you?”

“No. I don’t remember,” Deister replied. “I don’t even remember much about the civil suit.”

“Are you telling me that you never discussed with Mr. Robertson that there was a lawsuit filed by Mark Woodworth’s father against him?”

“I didn’t say that. I said I don’t remember.”

After more than an hour of interrogation, Oxenhandler had a few questions of his own. The judge remarked on Deister’s unfettered access to the case files. “You’ve been in law enforcement since the sixties,” Oxenhandler said. “You know that in the course of an investigation, police files are not open to anyone.”

“Yes,” Deister said.

Oxenhandler then asked about conflicts of interest and a seeming failure to challenge Brandon’s alibi before inquiring, as a general matter, “Are you having second thoughts with regards to the investigation?”

Deister said no.

At the end of each day of the hearing, Mark changed into his prison uniform and rode back to Crossroads Correctional. Most Chillicothe residents went home for the night, too, but the Woodworths stayed in a local hotel. So did Ramsey and Williams, who worked around the clock in a war room outfitted with portable printers and a conference table littered with documents and boxes of Chinese takeout. Once, when the legal team ran into the Woodworths in the lobby, the family asked what Oxenhandler had said when he called Ramsey to the bench during Deister’s testimony.

“I think you’ve made your point about this man’s integrity,” the judge had said. “You can’t beat a dead horse. Let’s move on.”

“I think you’ve made your point about this man’s integrity. You can’t beat a dead horse.”

Kenny Hulshof flew in for his testimony. He now worked as a lawyer at the firm Polsinelli, which had offices in Missouri and Washington, D.C. After serving six terms in the House of Representatives and losing the 2008 Missouri gubernatorial race, Hulshof had faced scrutiny for his time as a state prosecutor. Investigations into his record would lead to several murder convictions being overturned or thrown out, including that of Josh Kezer, a teenager at the time of his alleged crime. The judge who reversed the conviction found that Hulshof had withheld evidence from Kezer’s defense and misled the jury. “We now know that none of what Mr. Hulshof said in [his] final summary was true,” the judge wrote.

On the stand in Oxenhandler’s court, Hulshof looked poised in a crisp white shirt, dark navy suit, and Windsor-knotted tie. His straw-blond hair was parted over his tanned face. He assured the room that the Lewis letters had been provided to Mark’s defense team during the first trial.

“Do you recall what your process was for making sure that you complied with your obligations?” prosecutor Ted Bruce asked, referring to the sharing of potentially exculpatory evidence.

“My investigator or I, usually my investigator, would hand-number every single page that we received,” Hulshof said, “and then we would make a copy of those investigative reports and tender them to counsel for the defendant.”

Williams felt a jolt of recognition. She grabbed a pen and scribbled a note as fast as she could on a piece of paper. Then she reached over Mark, seated between the two members of his legal team, and jabbed Ramsey in the arm. Williams gestured for her boss to look down at what she’d written in all caps.

“NO NUMBERS!”

Williams then turned to a filing box next to the defense table and flipped through pages until she found copies of the Lewis letters. She yanked them out and handed them to Ramsey. “There were never any numbers. They never stamped these,” she said under her breath.

Ramsey stood to question the witness. “You said, I believe, earlier that it was your practice to put numbers on all the documents that you produced to the defense. Correct?”

“Yes, sir,” Hulshof said.

Ramsey handed him the copies of the letters that Williams had retrieved. “There’s no numbers on those pages, are there?” Ramsey asked.

Hulshof studied the letters. Ramsey swore he saw the color drain from the former prosecutor’s face. There was a long pause.

“There are no numbers,” Hulshof said finally.

At the defense table, Williams beamed. “I knew it,” she whispered to Mark. She’d just showed the court that there was no proof that the Lewis letters had ever made it into the hands of Mark’s defense attorneys, which meant conclusively that they were new evidence. “I thought he was going to have a bowel movement on the witness stand,” Ramsey said of Hulshof.

Ramsey wasn’t done with the witness. “You also stated that this is the only case that you’ve ever prosecuted in which the victim had hired a private investigator to work with law enforcement,” Ramsey said.

“Yes, sir.”

“That’s pretty unusual, isn’t it?”

“It was.”

“From a prosecutor’s standpoint, can that raise issues as to a conflict of interest of the private investigator?”

“There are a host of issues. Conflict of interest is one of them.”

“Especially where that investigator is representing the client who is the victim on a civil suit in which one of the parties’ father sued him for defrauding him, correct?”

“Yes, sir,” Hulshof said, adding that he “wasn’t very conversant” about the civil case.

“And what did you do to resolve the doubts that you had … about Mr. Deister’s potential divided loyalty?” Ramsey asked.

“As far as putting on our case in the first trial, I tried to not have to use Mr. Deister.”

Hulshof, in other words, seemed to have known that questioning Deister on the stand wouldn’t have been smart. Still, he’d used the private investigator’s evidence to build his case against Mark.

Dana Williams, the Chillicothe resident who’d admired Hulshof’s performance at the first trial, was once again in the courtroom. The former prosecutor, she decided, was outmatched. “Ramsey had the facts down, and he was throwing questions at him like he’d done it for a hundred years,” she said. “Hulshof had tried to cover his tracks, and it didn’t go real well.”

Lyndel took the stand wearing a blue dress shirt unbuttoned at the collar, with an eyeglasses case protruding from the breast pocket. Like other witnesses, he said he couldn’t remember many details from the murder investigation, describing his memory as “a big blur.” He’d once said under oath that he was never aware that Roberts didn’t want to charge Mark. Now, with the Lewis letters in evidence, he acknowledged that he’d probably known that the prosecutor “wasn’t aggressive.” (Roberts testified at the hearing, too, noting, “If you allow the victim or alleged victim of a crime to remove the prosecutor every time the prosecutor disagrees with him, then you’re opening a door up to that happening any time the prosecutor doesn’t think there is sufficient evidence to prosecute a case or [that] a particular person should be prosecuted.”)

Ramsey had questions that went well beyond the Lewis letters—ones he knew were likely to provoke the prosecution. He asked Lyndel about Brandon’s violations of Rochelle’s protective order, and Ted Bruce immediately objected. “I don’t see how it’s relevant for any issue that this court has to decide,” the prosecutor said.

“This goes to the man’s motivation,” Ramsey replied. “It goes to the credibility of not only him but … of his daughter.”

Oxenhandler overruled the objection.

“Yeah, I think I did [know] at the time,” Lyndel said of Rochelle’s reports against Brandon, including that he’d harassed her new boyfriend, who later became her husband. “But it’s kind of foggy now. I don’t remember.”

“Did you talk to your daughter at all about all of that?”

“She didn’t really relay it to me that much.”

“So she went over to the sheriff’s department to complain about being threatened, but she didn’t tell you about it?”

“She probably didn’t want to bother me.”

Ramsey methodically presented other evidence casting suspicion on Brandon: the witnesses’ contradictions of his alibi, his threats against Cathy Robertson, and the confession he’d allegedly made to Aaron Duncan. For some of the people from Chillicothe who’d come to watch the hearing, what Ramsey revealed was news—but it matched their understanding of who Brandon was. “That fit right into Brandon’s personality,” Kathy Smith said.

Finally, Ramsey called Brandon himself to the stand. Brandon honored the subpoena, showing up on the appointed day with a clean-shaven face and gel-spiked hair. He wore a gray suit that looked to be a size too big. His ears were cauliflowered from years on wrestling mats.

Brandon came with his attorney, John Waltz, who approached the bench before his client was called to the stand. “Your honor, I represent Brandon Hagan,” Waltz said. “Because he is being targeted by the current sheriff of Livingston County and in the news media, I’ve instructed him to take the Fifth.” Once he was sworn in, Brandon dutifully followed his lawyer’s advice.

“Were you the boyfriend of Rochelle Robertson at one point?” Ramsey asked.

Brandon declined to answer.

“Did you tell the police when you were interviewed that you left Independence, Missouri, at ten minutes to seven the morning after the murder?” Ramsey asked.

Brandon again pleaded the Fifth.

“I don’t have anything further, your honor,” Ramsey said.

Before Brandon was dismissed, Oxenhandler waved Waltz back up to the bench. The judge turned off his microphone. He had some information that the lawyer and his client hadn’t expected. “As an officer of the court, I want you to be aware that there is a warrant for your client’s arrest out of another county,” Oxenhandler said. “When he leaves the courtroom, he is going to be arrested.”

“I’ll accompany him, of course,” Waltz replied.

Outside the room’s doors, officers detained Brandon for writing a bad check. They read him his rights, patted him down for weapons, and emptied the contents of his pockets. Among the items, according to Ramsey, Williams, and Steve Cox, was an index card on which Waltz had written, “If you forget, shut the fuck up.”

Oxenhandler told Ramsey and Bruce to prepare written briefs of their arguments, after which he’d bring them back into his court in November 2011 for a concluding session. At that hearing, Bruce tried to counter Ramsey’s witnesses, particularly those who’d testified against Brandon. “I have no idea whether or not they are intentionally lying, whether or not they are just completely wrong,” Bruce said. Wasn’t it telling, he continued, that the surviving witness didn’t think Brandon did it? “If Mr. Lyndel Robertson wanted to make this case an easy one, all he had to do is say, ‘I saw who did it,’” Bruce said. “I have been troubled all along at the willingness to assume misconduct on the part of people, and not just the police, not just the prosecutor, not just the judges. The victims as well.” Ramsey’s rebuttal hinged on the existence of the Lewis letters and on Deister and Calvert’s work on the case, which Ramsey said “immediately calls into question the integrity of the investigation.”

It would be several months before Oxenhandler issued his recommendation to the Supreme Court. In the meantime, Mark remained in prison. The Woodworths, the Robertsons, and their respective supporters fell back into the uncomfortable habits of life as neighbors in Chillicothe. Williams and Ramsey returned to Bilbrey’s, where each time they logged on to the Missouri courts’ website, they hoped for an alert that Oxenhandler’s findings were available.

Finally, in May 2012, Ramsey received an email from the judge’s office. It said that the report would arrive in a few minutes, after which there would be a public release. Oxenhandler was ruling in Mark’s favor.

Ramsey and Williams yelled out, startling other staff in the office. In between tears, hugs, and jumping up and down, they read aloud lines from the report: “Woodworth had the burden to prove that he was entitled to habeas corpus relief, and he proved it, clearly and convincingly.” The Lewis letters and “all of the subsequently uncovered evidence … should have been disclosed years and years before.” Oxenhandler found Deister “not to be credible.” Calvert’s office “inexcusably” let Deister take the reins of the investigation. Lewis displayed “inappropriateness” and “lost sight of his judicial sense of fairness.” Lyndel’s employment of Deister in two conflicting legal matters was “problematic.” Hulshof’s prosecution was “as flawed [as] the investigation.”

Oxenhandler criticized the focus on Mark as a suspect when there was “an open and obvious ‘other’ person who may have committed the crimes”—namely, Brandon. The judge also criticized an “apparent pattern of not following up on witnesses and investigative leads which tended to contradict [Brandon’s] alibi.” Of Rochelle he wrote that she “was not being candid” about Brandon’s threats. “This demonstrated, at the very least, Rochelle’s intention to protect her boyfriend … from prosecution,” Oxenhandler said. “Either Rochelle was dishonest with the investigators or the investigators were not reporting what they really knew.”

In a fervent section, the judge said that he was “hard-pressed to come up with a word or phrase in the English language that fairly describes the conflicts that existed with regard to Woodworth’s judicial process: They could be the lyrics to a country and western song.”

Ramsey and Williams dialed the number for Crossroads Correctional to tell Mark the news. True to form, he thanked them calmly and politely. Williams, though, sensed a spark of excitement.

The Missouri Supreme Court still had to decide whether or not to take Oxenhandler’s recommendation. At a hearing in June 2012, the seven black-robed justices sat in a room paneled with dark oak and heard Ramsey and Bruce speak one last time. They also asked questions. Of particular interest to the court were the ballistics and their chain of custody.

“The evidence at the hearing was that [Deister] was given physical possession, without supervision, of the bullet?” a judge asked.

“That’s correct,” Ramsey said.

“The conflicts that existed with regard to Woodworth’s judicial process … could be the lyrics to a country and western song.”

The Supreme Court released its decision six months later. The language was unequivocal: The court supported Oxenhandler’s findings and ordered the vacating of Mark’s conviction. He would be released on bond pending a new trial, which the attorney general’s office vowed to mount with the Robertsons’ support. “If seeking justice for the murder of Cathy Robertson takes a third trial and 100 years,” the family said in a statement after the decision came down, “we will do what it takes to hold Mark Woodworth accountable for his actions.”

On February 15, 2013, Mark was transferred from Crossroads Correctional to the Livingston County sheriff’s office. His family was waiting for him, along with Williams and Ramsey. Mark changed into a blue shirt and slacks, and he shook hands with various deputies who wished him congratulations. Mark hesitated when he got to the office’s glass doors. There were hundreds of people in the streets, some holding posters with messages welcoming him home. Media cameras lined the sidewalks. Mark looked around, expecting someone to lead him out. Instead he heard voices urge, “Go on.” Out he walked into the cheering crowd.

Elsewhere supporters of the Robertson family were furious. “I’m ashamed of this town that celebrates a murderer’s homecoming like he is a hero,” one woman wrote on the Facebook page Peace and Justice for Cathy Robertson. “How a two-time convicted murderer can be let free and a welcome-home parade given in his honor is just plain sick,” another wrote. “[That] this ‘person,’ and I use the term very lightly … has the gall to stay in this town and walk free is a little gutsy, don’t you think?”

After a barrage of hugs and questions, Mark was ready to go home, but he didn’t know how. What kinds of cars did his family drive now? Where had they parked? His sister led him to his brother’s truck, with the crowd trailing behind. Once they loaded inside, the siblings began the short trip to Claude and Jackie’s house. The last time Mark had taken the route was in the late 1990s. Back then he could practically drive it with his eyes closed. Now it felt like everything had changed. The roads were wider, and there was a new hospital in town. Outside his parents’ house, Mark couldn’t believe how tall the pine trees had grown.

The next day, Mark’s mom, grandmother, and aunt took him shopping. They went to Orscheln Farm and Home for jeans and to the Bootery for shoes. At an electronics store, his aunt got him an iPhone. “What do you want me to do with this?” he asked. The last time he’d been free, cell phones were only just starting to become everyday items. At the Hy-Vee, he ogled the self-checkout machine. He was surprised to learn at a gas station that he didn’t have to go inside to pay. “Now you use your credit card,” he said. “That was an experience.”

Other things were just as Mark had left them. He moved back into his childhood bedroom and started working with Claude in the fields. “My dream was to farm,” Mark said that fall. “By now I should have my own land, my own equipment, and I don’t have any of it.” If he had to make up for lost time, so be it.

The anticipation of a third trial, however, made it difficult to get started.    

Part VI


2014

A few months after the Missouri Supreme Court’s ruling, a judge threw out the key ballistics evidence that allegedly implicated Mark in the shooting, citing “egregious, flagrant, cavalier disregard for evidentiary procedures and process.” The following year, he removed the attorney general’s office from the prosecution of the Robertson shooting and sent the matter back to Livingston County. “From the inception of the ‘secret investigation’ in 1991 through two trials,” the judge wrote, “the concept of ‘due process of law’ for defendant Woodworth took flight and did not reappear until approximately 2009.” The Robertson family questioned the impartiality of the sitting county prosecutor, so the judge appointed a special prosecutor. Finally, in July 2014, the state dismissed all charges against Mark. “The wrong person was charged in the first place,” the special prosecutor told the press. There would be no third trial.

The call came from Ramsey when Mark was in his father’s workshop. “It’s over,” Ramsey said. “You’re not going to have to worry about this anymore.” Mark went into the house to tell his mother, who began to weep. “I felt like my life had been on hold, waiting for the third trial,” Mark said. “I didn’t want to jump out there until it was over.” Now he was ready to live.

The next month, Ramsey filed a civil lawsuit on Mark’s behalf against numerous defendants, including Deister, Calvert, Lewis, Hulshof, Lyndel and Rochelle Robertson, Brandon Hagan, the Livingston County Sheriff’s Department, the Chillicothe police, and other municipal authorities. The suit alleged:

Officials of the criminal justice system … conspired with civilians, who were acting under color of state law, to cruelly and cold-bloodedly frame Mark Woodworth for crimes he was innocent of. The conspirators accomplished their goals by conducting a sham investigation, fabricating false evidence, suppressing exculpatory evidence, and concealing their conspiratorial acts.

To Mark’s supporters in Chillicothe, it seemed obvious that he should get restitution for his time in prison. Other residents, however, saw the lawsuit as a fresh injustice. A professional spokesperson for the Robertson family, hired during the collapse of the case against Mark, said that the narrative of the shooting had tipped into lies and exaggeration. The people who believed the lawsuit’s accusations, she insisted, were like “children taking drugs from a dealer.”

Lyndel and other members of the Robertson family declined to speak for this story. But Rochelle, Rhonda, and Roxanne, the youngest sibling, agreed to meet in the dining room of Chillicothe’s Comfort Inn. When hotel staff fluttered near the table where the brown-haired sisters sat with water bottles, the women would pause their conversation, hoping to ward off any eavesdropping.

“When you go into town, it feels like you’re going into the mob,” Roxanne said.

“We vent to each other a lot,” Rhonda chimed in.

The sisters were frustrated that the town seemed to be forgetting what haunted them the most. “My mother is dead,” said Rhonda, herself a parent of three kids. “Mark has gained so much support. It seems like he has the whole town’s support. People get so wrapped up in this as a big story, and then they can close the book, throw away the newspaper, and turn off the TV. But my mom is still gone, and it’s something we have to live with every day.”

“They didn’t have to bury Mark,” Roxanne added.

“In the beginning here, it was us and the Woodworths,” Rhonda said. “They were our family. We thought of Jackie as a second mother, as much as we were with them.” Now if she saw one of the Woodworths at the Hy-Vee or at Walmart, she felt the urge to leave her cart half-filled and walk out of the store. Lyndel still owned the farmland adjacent to Claude’s, and he drove there every day for work, but he hadn’t spoken to his old business partner in many years. At a local preschool, Mark’s sisters avoided Rochelle, who worked as an aide in a classroom with some of their daughters.

“I would love to move,” Rhonda said, “but we’re anchored here with our farms. And, you know, part of me is like, ‘By God, we’re not going to let them run us off.’”

That finding justice for Cathy first required letting Mark go was an untenable notion for the Robertson sisters. They didn’t believe that someone could concurrently support Mark’s freedom and vindication for their mother’s death. It was an irreconcilable position.

Rochelle talked less than her sisters. Now and then, she cracked her knuckles under the table. “I just really want people to know that my mom was so much more than November 13, 1990,” she said. “She was the epitome of the perfect mom, in my mind anyway.” Rochelle talked about some of her earliest memories, when her siblings hadn’t yet been born and her mom took her on walks. “We’d go out in the creeks and collect these big ugly rocks, and then my dad would open them with a sledgehammer, and there’d be crystals,” she said. “They were the prettiest things inside. I always thought the crystals were diamonds.”

“I just really want people to know that my mom was so much more than November 13, 1990. She was the epitome of the perfect mom.”

The sisters denied that there had been serious tensions between Rochelle and their mother. “It wasn’t this tumultuous thing,” Rhonda said. “Sure, there were a couple of fights, but they got along—they just disagreed about Brandon.” The sisters said the notion that Rochelle might have been involved in the shooting, which Mark’s lawsuit explicitly suggested, was baseless.

“If I found out that she had something to do with this, it’d be no problem for me to tell the world that,” Rhonda said. “Because that’s someone’s life that was taken, and that’s way more important to me than saving my sister.”

At another point, Rhonda said wearily, “I wish the shooter had been Brandon. My life would be a hell of a lot easier. I wouldn’t be going through this agony.”

“I’m sure Dad wishes it was Brandon,” Roxanne added.

Sheriff Cox, who took over the reopened investigation into the Robertson shooting, believed Brandon was likely responsible for Cathy’s murder. “If we were in Las Vegas and the line was you put your money down on who you think did it, all my money would go on Brandon,” Cox said in a deposition. The sheriff grew even more confident after the Oxenhandler hearing, when additional circumstantial evidence came to light.

In 2011, Caleb Carter saw coverage of the hearing and reached out to Ramsey’s office. Caleb’s sister, Casey, had dated Brandon around the time of Mark’s second trial. She’d since passed away, but Caleb remembered a disturbing encounter he’d had with his sister’s boyfriend, before Brandon became so physically abusive toward Casey that her father told him to stop seeing her.

In 1998, Caleb went with Casey, Brandon, and some friends to spend a few nights at a condominium near a lake. One afternoon the group went to Old Time Photos, a portrait studio that sold sepia-toned pictures of patrons dressed in period costumes. Brandon dressed up as a gangster in a saloon. He wore a vest and a hat, an unlit cigar dangled from his mouth, and he gripped a fake pistol. A few hours after the photo was taken, the friends were drinking heavily at the condo when, according to Caleb in a deposition, Brandon “got angry about something and said, ‘I don’t mind shooting somebody or doing what I have to do.’” Caleb said that Brandon then “went into detail about how he had shot a couple of people in Chillicothe because they didn’t want him to date their daughter,” who was pregnant at the time. Caleb remembered Brandon’s saying that “he went to the house and went inside and shot the mom and dad and then he left. They were trying to take the baby away or make her not have a baby.”

Caleb pointed out that, back in 1998, it wasn’t as if someone at the condo could look up Brandon or the Chillicothe shooting on the internet as easily as they could in 2011. “I just thought he was full of it,” Caleb said. “The last thing I remember was him mentioning that he never got caught for it.”

When Cox heard Caleb’s story, he was angry. How many confessions does this guy have to make? the sheriff wondered. The number, however, wasn’t the issue—and it still isn’t.


2018

More than a quarter-century, two trials, and tens of thousands of pages of legal documents after Cathy’s murder, with the Robertsons still sure that Mark committed the crime, it’s likely that only a signed confession or murder weapon will lead to charges against anyone. And because virtually no one involved in the case has ever admitted wrongdoing and the mandate in Mark’s appeal was to prove his innocence, not convict someone else, the answers to several critical questions remain just out of reach.

If, as Ramsey has argued, Calvert, Deister, Lyndel, and others framed Mark, what was their motive? A frank if misguided desire to finish the case and bring closure to the Robertsons? A financial agreement benefiting certain individuals at Mark’s existential expense, and that of his family, too? Something more sinister, like a cover-up to protect the real killer?

If Brandon was the shooter, why has there never been any physical evidence found to implicate him? How likely is it, really, that a 16-year-old, no matter how volatile, could get away with murder, particularly after being the first suspect named by the surviving victim? Through legal representation, Brandon declined to comment for this story. “The claim that he was the true killer” and that he’d conspired with other people is “a bunch of bullshit,” attorney Ken McClain said.

Finally, what if someone else was responsible for Cathy’s murder, a suspect whom investigators missed completely? In a case so riddled with error, it’s not out of the question.

In Chillicothe, the shooting remains a tense, emotional issue. Cathy’s murder was an attack on a Christian matriarch, a cherished local archetype. Similarly, Mark’s conviction represented the denial of an eldest son’s right to live and work on his father’s land. A complete reckoning of the wrongs done seems impossible so long as Cathy’s killer isn’t brought to justice. Until then, as surely as farmers plant and harvest their crops each year, so too will the memory of a violent death and the pain it wrought be perennial.

Cathy’s murder was an attack on a Christian matriarch, a cherished local archetype. Similarly, Mark’s conviction represented the denial of an eldest son’s right to live and work on his father’s land.

On an unseasonably warm winter day, Mark walked across a quiet piece of land stretching toward a stand of poplar trees. The sun was starting to set. Here, a few miles outside Chillicothe, was the construction site of his new house. Once it was completed, he would share it with his wife, Katy, whom he’d met when his sisters orchestrated a lunch to introduce them. They have a son, Miles, who is two.

The house, situated on a 365-acre farm, was funded by a confidential insurance settlement from Mark’s civil suit. The number of defendants had been whittled down as the courts weighed who was responsible for his pain and suffering. The Robertsons and Brandon Hagan were dismissed, for instance, but Calvert, Livingston County, and Chillicothe law enforcement were found liable for tens of millions of dollars in damages. When that legal action ended, another cropped up in its wake: From an eighth-floor office overlooking the Mississippi, where he now has a small firm with his daughter, Ramsey is fighting a lawsuit brought by Brandon against him and Mark. Brandon alleges that being named as a coconspirator in Mark’s civil suit degraded his ability to obtain gainful employment. “He’s been fired from jobs because they found out about the case,” his mother, Renee Thomure, said. The first hearing is scheduled for July 2019.

Brandon, Ramsey, accusations, and court hearings didn’t seem to be on Mark’s mind as he walked through his home’s unfinished rooms. He described the colors he and Katy wanted to paint each wall: a soft green, a warm brown. The place felt as humble as it did idyllic.

Kelly Williams walked beside Mark, looking on the work in progress with satisfaction. She’d gotten married recently, to an insurance adjustor. After finishing Mark’s case, she’d worked at a courthouse for a while and eventually landed an administration job with more manageable hours at the University of Missouri. She stayed in close touch with the Woodworths, coming to Chillicothe as often as she could.

“I told Mark that he’s got to deal with me for the rest of his life,” she said.

“I’m stuck with her,” Mark echoed.

From her purse, Williams took out a photo laminated with clear tape. It shows the moment Mark walked out of the sheriff’s office in Chillicothe, in February 2013, and encountered a throng of supporters. In the middle of the swarm, Williams is behind Mark, smiling proudly as he melts into the crowd’s embrace.

Katy and Miles arrived at the construction site. The redheaded toddler dashed up to Williams to give her a hug. Mark bent down to adjust the Velcro straps on his son’s shoes. The group walked out of the house, to the area where Mark and Katy planned to build a back porch. “We wanted plenty of room,” Mark said of the acreage before him. There wasn’t a neighbor in sight.

Mark meandered back inside, to a room with tall windows facing east and south. This was where Katy would grow plants. “Succulents, those kinds of things,” Mark explained. “The sun comes in and warms the room.”

The moment echoed one from a few months after Mark first got out on bond in 2013, when he still didn’t know if he’d face another trial. One summer day, he drove in a truck—his truck—over a bumpy road on his father’s property, past a vast field of chest-high soybean stalks. He parked on a ridge and got out, then made his way down the slope to examine some of the plants. Harvest was nearing; he wondered how the crops were doing.

Soybeans are tough. In dry air, their leaves curl inward and toward the ground. “It’s how they survive against the summer sun while they wait for more rain,” Mark explained. “That’s their mechanism to defend themselves. That’s them doing what they can to fight.”

If you have any information regarding the murder of Cathy Robertson, please contact the Livingston County Sheriff’s Department at 660-646-0515 or via email at this link.

The Whalers’ Odyssey

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The Whalers’ Odyssey

A courageous tribe, a colossal foe, and a terrifying ocean voyage.

Story and Photos by Doug Bock Clark

The Atavist Magazine, No. 84


Doug Bock Clark’s writing has appeared in The New York Times, GQ, Wired, Rolling Stone, and The New Republic, among other publications. He won the 2017 Arthur L. Carter Reporting Award and is a visiting scholar at New York University’s Journalism Institute. This story is adapted from Clark’s first book, The Last Whalers (Little, Brown), which is available for order.

Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Adam Przybyl

Published in October 2018. Design updated in 2021.

Prologue

The Lamalerans are the last of their kind. For five centuries, the Indonesian tribe has survived by hunting whales from a rocky Pacific island so remote that their countrymen call it the land left behind. Several Inuit communities hunt the massive mammals, too, but the Arctic seafarers increasingly derive sustenance from packaged foods and mechanized fishing methods. Not the Lamalerans. The 1,500 tribespeople still get most of their calories by spearing prey with bamboo harpoons. Annually, they take about 20 sperm whales—from a worldwide population in the hundreds of thousands—and use every part of their catch. They jerky the meat to feed themselves through the lean monsoon season, when storms make it difficult to launch boats.

From 2014 through 2017, over several extended visits, I lived with the Lamalerans to document their exceptional but threatened culture. The tribe has long followed the ways of their ancestors, a set of rules handed down through the generations that dictate a camaraderie so intense that anthropologists have ranked the Lamalerans as one of humanity’s most cooperative societies. Today, venerable traditions are being undermined by cell phones, television, government regulations, and other modern influences. One area where the old ways persist, though, is the hunt: Dozens of Lamaleran men still coordinate on ancient wooden boats to kill the largest toothed predator in the world, then share in the bounty.

Whaling is harsh, dangerous work, and not every hunt is successful. Such was the case in 1994, when the Lamalerans undertook a harrowing voyage that became the kind of legend that fathers tell their sons. Not only did they fight for their lives against a seemingly invincible whale, but they confronted a danger new to many of them, one more threatening than any leviathan: the outside world.

Baleo! Baleo!—“The hunt is on!”

The cry resounded through the seaside village of Lamalera, beginning on the beach and sweeping through the ramshackle houses and surrounding jungle as every man, woman, and child who heard it added a voice to the shouted relay, chorusing that sperm whales had been sighted. It was a Thursday in early March 1994, and the squalls of the monsoon season were nearing their end. Many hunters were pile-driving flagstones into their village’s single dirt road, which had all but liquefied during months of rain. They dropped their shovels and sprinted to the shore. Using log rollers and their shoulders, they shoved the téna, their 35-foot wooden whaling ships, across the sand and into the surf. Captains yelled exhortations. Once the water unyoked the weight of a boat from the backs of its crew, the men leaped aboard.

Ignatius Blikololong, 44 years old and one of the most renowned harpooners in the tribe despite his slight frame, had bid a hasty but impassioned farewell to Teresea, his wife, before setting out. Teresea was due to give birth to their next child at any hour. Ignatius did not want to leave her, but he could not shirk his duty; the tribe had almost exhausted its food stores. As he clambered atop his hâmmâlollo, a bamboo platform jutting five feet from the prow of the téna, and sharpened his harpoons, he prayed for a swift and safe return.

Also aboard Ignatius’s téna, which was called the Téti Heri, was Yosef Boko Hariona, Teresea’s close relative. He was entering his sixth decade and his eyesight was faltering, but still he whaled; his son had died, and there was no other man to support his wife, husbandless daughter, and grandchildren. Yosef Boko wielded the ship’s tiller oar as the crew paddled through the breakers. Though he could no longer stroke as forcefully as younger men, he steered with savvy.

Six boats in all cut through the waves, chasing the white whale spouts, which contrasted against the dark sea and stormy sky. As they rowed the men sang:

Kidé ajaka tani-tena (Many widows and orphans cry)

Lié doré angina (Requesting for the wind to join us)

Hari hélu bo kanato. (And for the fish to come to us.)

The Lamalerans sing for every occasion. To celebrate a successful hunt or to lament returning home empty-handed. While axing trees, building boats, pestling rice into flour, weaving sarongs, rocking babies to sleep, and recounting the stories of the ancestors. The songs are more than music—they are prayers. The Lamalerans believe that everything, from whales to the sun, has a spirit they must honor. The music entreats the winds to rise, the waves to fall, and the ghosts of the tribe’s dead, whom they worship according to a unique mixture of Catholicism and animism, to help the living. The Lamalerans believe that the ancestors send sperm whales to sustain the tribe and as a reward for following the old ways.

Ignatius Blikololong calls to the whales.

The group of téna converged on the whales like a wolf pack. Aboard the Téti Heri, Yosef Boko called out a rhythm and ten men with hand-carved wooden oars paddled in unison. When the boats were sufficiently close to the whales, which weighed dozens of tons each, Yosef Boko shouted, “Nuro menaluf!” (hunger spoon). Colloquially, it means, “Row as fast as you’d spoon rice if you were starving!” Or perhaps most accurately, “Row like you want to feed your families!”

On the hâmmâlollo, as his crew paddled furiously to bring him within striking distance, Ignatius readied his 15-foot bamboo harpoon, which was tipped with a foot-long iron spearhead, forged in the village. He got so close to his prey that he could see ellipses of O’s dimpling its gray snout, stamped by the suckers of giant squid the whale had devoured a mile below the ocean’s surface. Ignatius crouched low, his muscles quivering as he held his weapon above his head, then he dove off the hâmmâlollo with kamikaze grace, ramming the harpoon into his prey with the full weight of his body. The harpoon’s shaft shuddered, bent, and then straightened, stuck in the soft flesh two feet below the whale’s dorsal hump. Ignatius rebounded off the animal’s flank and into the sea, then frantically swam back to the Téti Heri.

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A harpooner jumps to spear a whale.

The Lamalerans’ strategy in a hunt is to land as many harpoons as possible. As a second lamafa (harpooner) from another téna added his weapon to the animal’s back, the ropes attached to the harpoons drew taut, and soon the whale was pulling the weight of both ships. Ignatius and the other hunters hoped that the animal would soon exhaust itself, allowing the men to swim alongside it and saw at it with their knives until it bled to death and they could drag it ashore. As the Téti Heri and the other boat harried their prey, the other four téna speared the remaining whales in the school, including a 30-ton female and a toothless, 10-foot infant.

At first the battle was close enough to shore that Teresea and the other hunters’ wives watched, as if Lamalera’s oceanside cliffs were bleachers and the sea a stadium. Whaling was always risky, with injuries and occasionally death resulting from the hunts, but it was also routine enough that any sense of danger was dulled. Before long two téna brought the female and baby whales to the beach, the crews singing gratefully to honor the ancestors. But the Téti Heri, along with three other téna, were dragged by their whales over the horizon. Teresea and the other women returned to weaving or cooking, keeping one eye on the sea.

By late afternoon, instead of the palm-leaf sails of the téna appearing again in the bay, a storm front arose. The ways of the ancestors forbade the use of engines on whaling boats, but the tribe did have two skiffs equipped with outboard motors, which it dispatched to find the hunters. Strafing rain turned the search party around. At dusk the downpour broke briefly, and the tribe lit signal fires on the beach to guide the whalers home. Fresh rain soon extinguished the flames. The weather made Teresea nervous, but hunts sometimes extended overnight. There was no cause for worry yet.

Through the night, Teresea crouched in her bamboo hut and cradled her pregnant belly. Her youngest son, Ben, slept on a mattress stitched out of old rice sacks and stuffed with corn husks; he had tried to maintain a vigil for his father and to comfort his mother, but eventually he had succumbed to exhaustion. Every so often, Teresea would rise and peer out the hut’s door and through the storm toward the thrashing ocean, wondering nervously whether the baby or Ignatius would arrive first.

Ignatius dove with kamikaze grace, ramming the harpoon into his prey.

Two whales had towed the Téti Heri and the other téna east. At first, Ignatius, Yosef Boko, and their fellow hunters had rested for several hours, confident that the combination of blood loss and the drogue of the boats would exhaust their prey. But as Labalekang, the volcano looming behind Lamalera, diminished from a mile-high peak to a thimble of dirt, the whales never faltered. As dusk drew near, the hunters decided that they needed to attack again.

The whale that the Téti Heri and another boat, the Kéna Pukã, had initially harpooned tore through their ropes and escaped. The men’s last chance to return to Lamalera with a catch became the whale lashed to the other two téna—and currently giving them hell. One of those boats, the Kelulus, had just been uppercut so hard by the whale’s tail that its crew was stuffing two cracks zigzagging through the hull with sarongs, trying to keep the sea from bubbling in.

As the Téti Heri attacked the whale to distract it from the listing Kelulus, Ignatius found himself confronting a grotesque beast: Its head and belly were streaked with white, as if it were partially albino, and half its lower jaw had been snapped off, probably during battle with another sea creature. When Ignatius embedded his harpoon, the whale began lobtailing—inverting itself so that its tail stood out of the water and its nose pointed toward the seafloor, then sledgehammering its flukes into the waves. Ignatius ordered his ship to flee, spooling out rope attached to the latest harpoon. To cover the Téti Heri’s retreat, the Kebako Pukã landed another spear, the tenth lodged in the animal; in retaliation, the whale stove in the ship’s bow strake. Half the crew stripped to plug the puncture with their shirts while the rest back-paddled.

Stymied, the fleet let its opponent take several hundred feet of rope, rowed close together, and conferenced. Some of the men said that, when they first attacked the school, they had seen a calf—the one that the other boats had slain and taken back to the village—suckling this whale. They guessed that it was a mother strengthened by a desire for revenge. Ignatius feared that she was not an animal at all but an unholy monster. Though she was only about 45 feet long, she had already done more damage to the boats than a bull whale could.

The sun crisped to an ember, and its last rays were blotted out by thickening clouds. As the whale drew them farther out to sea, Ignatius realized that they had not trapped the animal—it had trapped them. From the hâmmâlollo, he waved a two-foot flensing knife and addressed his fellow hunters.

“The time has come for us to cut our harpoon ropes and go home!” he shouted.

The other whalers responded, “Don’t let it go! We’ll take it tomorrow!”

And so they kept on.

Night soiled the evening. The men hammered sprung boards tight again with whetstones, roped shattered strakes back into place, and stuffed pith caulking into cracks. Lightning flared. Thunder drummed. Rain began to pellet the Lamalerans as waves tackled the téna. The men became so exhausted bailing water with halved coconut shells that they had to work in shifts. Ignatius labored stoically, not resting like the others, and tried to ignore his yearning for his wife, his worry that their child had been born, and his guilt for not being there.

Around midnight the storm subsided. The men bedded down atop wound ropes and furled sails. The fleet had rushed into battle so abruptly that they carried almost no food or drink, so the men wrung rainwater from their hair and clothes into their mouths. Yosef Boko stowed his steering oar but remained awake, tracking the whale’s movements as they were telegraphed through the harpoon ropes. As the tiller man, it was his job to guide the whalers home, and even if he could not steer them to safety right then, he felt a responsibility to keep watch. He trembled with the premonition that this whale would defeat them. When Ignatius had offered to cut the ropes, Yosef Boko had silently urged him on. If he was lost at sea, who would care for his family?

By the time dawn pearled, the broken-jawed whale was hauling the Lamalerans through sea beyond the sight of land. Ignatius called the téna together and announced, “We must have offended the ancestors yesterday for the whale to be so fierce. We must all clean our mouths so that God will entrust this whale to us and the village can eat.” The hunters prayed.

Soon after, it seemed that at last the whale’s strength began to wane. She no longer surged forward, instead paddling tiredly along the water’s surface. Rather than fountaining, she spouted only light mists in quick bursts, as if hyperventilating. Believing her to be weakened, Ignatius did not select a harpoon from the weapons rack for his next move. Instead he tied a rusty boat hook to a bamboo pole and ordered his men to row quietly forward. He slid the hook into the whale’s blowhole and yanked back.

The colossal head turned. An eye judged Ignatius.

The whale geysered, dislodging the hook. Then she head-butted the Téti Heri so hard that caulking popped out from between its boards, and the Savu Sea began trickling in. A terrifying possibility dawned on Ignatius: Perhaps the whale had only been playing weak, trying to draw in the fleet to destroy it. No blood reddened her spouting, which meant that the harpoon strikes had failed to penetrate her vital organs. Her wounds were only skin-deep.

The whale battered the Téti Heri with its tail until the téna retreated. Next it broke off the hâmmâlollo of the Kéna Pukã and rammed open the bow of the already hobbled Kelulus.

In a desperate sortie, the lamafa of all four ships gathered in a phalanx on the prow of the Kebako Pukã, the lone undamaged ship, and attacked together. But no matter how much pink blood poured from her lacerated hide, the whale’s spouting remained pure.

Ignatius was sharpening a lance with a whetstone for the next assault when the Kebako Pukã’s hull leaped beneath his feet, nearly catapulting him into the sea. The whale’s flukes tore open the bow, so that its halves only connected like a clamshell at the keel. The men fled the wreckage, swimming to the Téti Heri. The whale lobtailed, as if challenging the Lamalerans to return to the ring.

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Whaling boats at dusk, with raised palm-leaf sails.

Ignatius, Yosef Boko, and many of the other men were now convinced that their opponent was an evil spirit. The hunters finally agreed to cut the ropes that bound them to the devil whale and return home without a catch. But the harpoon lines were not disposable factory-made ropes: They were the leo, the spirit ropes of the téna. They were woven from jungle cotton and the bark of gebang palms and hibiscus trees, representing weeks of communal work in the village. They could not be carelessly trashed. It was decided that someone would swim to the whale, through the shark fins now razoring the bloody ocean, and cut the lines near the harpoon heads, to save as much of their length as possible.

Fransiskus “Frans” Boli Bediona, a stocky 36-year-old with a wild beard and mane, who served as the backup lamafa on the Kelulus, volunteered for the mission. As one of the tribe’s shamans, he participated in the hunting with a religious fervor, and he had been one of the strongest voices urging the fleet not to give up the day before. Now he was sure that the ancestors were testing the mettle of their descendants, and he meant to meet that challenge.

As Frans pulled himself along a harpoon rope with one hand and clutched a knife in the other, he kicked the hammerhead and tiger sharks that zipped in and nosed him like dogs. The Lamalerans believe that a shark will not hurt a man with a pure heart, and Frans knew himself to be righteous. As he drew closer to the whale, the sharks peeled off to avoid the reach of its tail. He got within a few feet of the whale’s flukes, then hacked through the harpoon lines. The ropes were reeled in, and Frans hitched a ride on the last one.

The whale stroked away, shadowed by dorsal fins. Then she spouted, raised her flukes—either in threat or farewell—and dove. She did not resurface.

The Lamalerans believe that a shark will not hurt a man with a pure heart.

The Lamalerans set about improvising what repairs they could. The crew of the Kéna Pukã winched ropes around its prow, squeezing the boards tight enough to prevent the boat from taking on more water. It was in bad shape, but many men loaded into it, for the Kebako Pukã and the Kelulus could now support only skeleton crews. Then the whalers lashed their fleet into a line, with the Téti Heri in the lead. Abandoning the damaged téna was never discussed, for the Lamalerans believe whaling ships have spirits just as men do. Frans felt that the Kelulus and the Kéna Pukã, both ships he often served on, had mothered him through trials “like a hen protecting her chick.” Now he had to protect them.

With clouds smothering the sun and land hidden by the horizon, the Lamalerans were unable to track north toward home. To save their flagging strength, they decided to play the lottery of the wind. The crew of the Téti Heri stood up a 20-foot bamboo mast and unfurled a sail made of dried palm leaves quilted across a grid of ropes. Once, entire fleets had sailed the Pacific using such sails, but these were probably among the last in the world. The Lamalerans rotated the fabric around the mast until it caught a zephyr, and the téna skidded together over the waves.

By midafternoon, palm-fringed hills edged above the southeastern skyline like a cloud bank. It was Semau Island. The Lamalerans had located themselves, but the discovery was not a happy one: Semau lay more than 100 miles from Lamalera. Rather than try to make landfall, they decided to direct themselves homeward.

As a second evening neared, another storm swaggered toward the boats. The two damaged ones, tugged along by the functional pair, were slowing progress, so the men of the Téti Heri told Ignatius to ask the other crews to let them go ahead alone. Ignatius strained his sandpapered throat to make himself heard over the groaning squall. “May we go?” he asked. “The wind is strong. We will tell the village what has happened and where you are.”

Frans was enraged. It was unthinkable that the crew of the Téti Heri would even consider leaving: That was not the way of the Lamalerans. The most important directive of the ancestors was that the unity of the tribe was paramount. All fathers taught their sons a saying: Talé tou, kemui tou, onã tou, mata tou—one family, one heart, one action, one goal.

“We live and die together!” the men in the damaged téna answered Ignatius. “You can’t go ahead!”

The waves were sharpening into whitecaps. The crew of the Téti Heri urged Ignatius to try again.

Contradictory feelings roiled his heart: He would never abandon his tribesmen, but would not they all have a better chance of survival if the Téti Heri raced ahead? There was no point in solidarity if it meant his children, including his unborn baby, would lose their father. Ultimately, even if he wanted to remain with the fleet, he could not overrule his crew, yet he wanted the other tribesmen’s blessing to leave.

“May we go first so the village knows we are not all dead and can send help?” Ignatius shouted. Again he was rebuffed.

Only this time, as he was calling to his brethren, his crew untied the rope linking their boat to the others. Unburdened, the Téti Heri shot ahead on the turbulent sea. The other téna shrank to three bobbing figures. Then the lowering heavens curtained them off. Ignatius could not control his tears. He felt as if he had been forced to forsake his tribesmen. And he knew that the ancestors always exacted revenge for such failures—on individuals and on the tribe as a whole.

The Téti Heri could not outrun the latest gale, and before long the storm threatened to use the boat’s sail like a lever and flip the craft over. It took Ignatius and two other men to dismantle the mast, though usually one man could handle it. The tempest seemed to double the darkness of the night, and it whirled the boat and heaved the sea over the outriggers. Men slumped against the thwarts, bailing desultorily, and those too exhausted to work crawled under the sail. Five times Ignatius gathered the crew and led them in prayer, until the accumulating water forced them to resume bailing.

We are all brothers, Ignatius thought. It would have been better if we had died together. Lord, at least bring us to shore, so our families can find our bodies and give us proper funerals, and we can join the ancestors.

We are all brothers, Ignatius thought. It would have been better if we had died together.

That night the eighth child of Ignatius and Teresea came crying into the world. Even though she was a girl, she was named Ignatius Seran Blikololong Jr. Christening her with her father’s name was a way of summoning his lost soul home.

The next morning, a Saturday, dawn flickered behind wet clouds like the flame of a whale-oil lantern sparking to life behind a bamboo lampshade. Maria, Frans’s wife and Ignatius’s sister, had slept on the beach to tend the signal fires, and she woke with sand in her hair. Nearby, Fransiska, Yosef Boko’s wife, refused to eat and ignored her grandson, who cried and pawed at her for attention. The women were joined in their vigil by nearly 50 other wives, and the group watched as the village’s fleet launched to locate their husbands. The 17 boats dispersed toward every point on the compass, carrying fresh coconuts, water, and rice wrapped in banana leaves, to feed the men if they were found.

The Savu Sea is not wide; on a clear morning, it is possible to glimpse the peaks of Timor Island, situated on the other side of the expanse, from Lamalera’s cliffs. Even if the téna had been dragged south into the Indian Ocean, they should have been able to navigate back to where search parties could spot their sails. That two full days had passed without a sighting meant that the likelihood of a safe return was swiftly diminishing. The men might be added to the list of the Lamalerans, more than 39 in all, lost at sea in the previous century. Every year, the village’s priest inaugurated the hunting season by reading each name aloud.

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Faces of Lamalera.

The elders gathered under the banyan tree in the village square to try to ferret out the crime that the ancestors must have been punishing them for in sending so many men to a watery demise. A runner was dispatched to the island’s capital, a 30-mile trek over the mountains, so that government authorities could broadcast a radio message to alert ships in transit to look for the missing téna. Then the tribe gathered on the beach for a religious service.

Shortly thereafter, as if by the grace of God, someone spotted a diamond sail splitting the horizon. A motorboat was dispatched to run supplies to the téna. A man with binoculars announced to the crowd on the shore that the Téti Heri was coming in. A rumor circulated that a corpse was aboard. The whalers had been nearly three days at sea without food and water, after all. Teresea, Maria, and Fransiska wept, knowing that Ignatius and Yosef Boko crewed the Téti Heri.

When the téna made landfall, its crew was so sunburned that skin from the men’s chests and thighs had peeled away. Their lips were puffed and blistered. Bloodshot, their eyes seemed to glow. Even supported by a man on either side, the returned could barely walk.

Tribesmen had to coax Yosef Boko to let go of the tiller oar. He had barely slept the entire journey, believing that as long as he held the oar, he was protecting his crew. When he stepped out of the boat, he embraced Fransiska; though both normally prided themselves on their reserve, they were racked by sobs. At their house, Yosef Boko washed the salt water off his body with a bucket shower, devoured a plate of rice, and fell into a sleep that would last nearly a full day.

While the rest of the men were surrounded by their families, Ignatius walked down the beach toward his hut. Fear unmanned him. Where was his wife? Had something gone wrong with the pregnancy? A female relative, whose husband was aboard one of the boats still at sea, approached and slapped him on the shoulder. She cried, “Where is my husband? Where is my husband?” His throat was so dry Ignatius could not speak; he had been unable to stomach the water and mashed bananas delivered to him by the motorboat. How could he explain to this woman that they had left her husband behind?

Then he spotted his eldest daughter, who pushed her way out of the crowd and hugged him. “You have a daughter!” she said of the new baby. Ignatius croaked an apology for not being there when the baby arrived, but his daughter laughed. “The important thing is that you’re home!” she said.

Once the happy families had returned to their abodes, only the disappointed wives of the men still at sea were left to build a bonfire on the headlands. Maria threw deadwood onto the flames as if making an offering or willing the desperate light to beckon Frans home. She was increasingly sure that her husband was dead and that she was now a widow, a status every Lamaleran woman fears, not only because of the loss but because the tribe’s faith forbids remarriage. If Frans did not return, she and her three children would have to subsist on charity.

Every few minutes, eerie trumpeting echoed from the darkness like distant, mournful music. After the crew of the Téti Heri had admitted to leaving the fleet in hopes of sending help once they got home, the motorboats had been dispatched again, this time with conch shells, which could be heard over a great distance. Between calls made by the motorboats’ crews, Maria and the other yearning wives listened for any answer. Around midnight the motorboats returned alone. The wailing of the women woke the village.

For days afterward, Maria waited on the beach for sails that never came. Eventually, when all hope was lost, the village sent divers to retrieve nautilus shells, their delicate whorls bent into the shape of eternity. The tribe buried the shells in place of bodies.

Maria threw deadwood onto the flames as if making an offering or willing the desperate light to beckon Frans home.

After the Téti Heri had untied itself, Frans had furiously watched Ignatius, his brother-in-law, and the other betrayers go. It felt as if the abandonment took a long time. Each time the fleeing téna sank into a trough between waves, a moment later the tip of its sail would reappear as the ship was lofted by a roller. Frans thought of his three children, especially his infant daughter, only nine months old, with her sweet, bubbling laugh. The ancestors had granted him barely any time to get to know her. He tried not to brood on the hardships his children would endure without a father to protect them. He hoped at least that Ignatius would step in. Almost all his other male relatives—men who could have provided for Frans’s family in his stead—clung to the wrecks of the three téna.

Eventually, the Téti Heri’s sail did not rise again.

The remaining men were in desperate condition. Frans had caulked a breach in the Kelulus with his shirt, and he wore only shorts; already his chest and shoulders blazed and prickled with sunburn. Thirty-four people were crammed onto the Kéna Pukã, which comfortably held no more than 14, and it rode so low that waves spilled over its railings. The other two boats were attended by a single bailer each to keep them from swamping. The whalers could have lightened the load of their sinking ships by discarding equipment, but they believed that the leo had souls and the sails were the ships’ sarongs. Without them the boats would be naked.

Swept east, the men glimpsed the bent tip of Labalekang. The volcano, which towered above their village, provided some small hope. They began to paddle weakly, taking a few strokes and then resting. Black clouds avalanched toward their backs. Soon night hid Labalekang and brought with it a new storm. Despite having to furiously bail, Frans was thankful for relief from the torturous sun and the nourishment of the rainwater.

Dawn emerged bluebird clear, hazeless. Labalekang had vanished. The crew had lost all sense of position in the night. No one possessed the strength to lift a paddle. Some men’s speech began to slur. Frans told himself that he must not cry; he needed the moisture.

Late Saturday afternoon, not long before Ignatius and the crew of the Téti Heri would arrive home, the abandoned whalers spotted a pair of cinder-cone volcanoes to the east. The sight crushed Frans: It was Flores, two islands west of his home. The latest storm had swept them dozens of miles off course and outside any area that a Lamaleran ship would search for them. They tried to maneuver north and east, but the wind was against them, driving them farther from the Savu Sea and into the wilderness of the Indian Ocean. Some men tied themselves to their ships so that if they died, their bodies might one day be found. Frans was not ready to do that, not yet.

That night rain came again—without a storm, for once. The men suckled from their shirts, their beards, and the sail. Once they had rehydrated, some began chewing their clothes. One thin hunter gorged himself on dried tree pith. Except for a few noodles of seaweed plucked from the ocean, they had eaten nothing in three days. With too many men for everyone to lie down in the hulls of the boats, they took turns slumping over the thwarts or sprawling on the hâmmâlollos.

Frans fever-dreamed about God, heaven, hell, and his family. At a vague hour, the cloud cover momentarily parted to reveal the star-encrusted sky. The Southern Cross was staked there. Frans knew this constellation as the Pointer, since from the Savu Sea it always aimed toward Lamalera. For a moment the way home was revealed. If they could just follow that course, Frans might survive and once more balance his daughter atop his head while she screamed with laughter and pulled at his hair. But then the clouds returned and stole the knowledge of the direction where his family lay.

By Sunday morning, the Kebako Pukã was taking on so much water that the other boats could no longer pull it. The craft would have to be abandoned. Its captain, Fransiskus “Sisu” Bataona, volunteered to go down with his ship, but the others told him it was not necessary. Instead, he climbed atop the hâmmâlollo, now jutting just above the waterline. Sisu felt like a leaf at the end of the dry season, withered and about to fall. He addressed the spirit of the téna: “We now have no more strength. It is better that you go before us and wait for us on shore.” He invoked a ceremonial leave-taking sometimes used to say goodbye to the dead.

Frans fever-dreamed about God, heaven, hell, and his family.

The other Lamalerans wept. They knew everyone shared responsibility for abandoning the sacred téna. The disappointed ancestors would surely exact their vengeance.

By the time that Sisu disembarked for another boat, the currents had started to take the Kebako Pukã. The boat swiveled, its hâmmâlollo grazing the harpooning platforms of its two fellows as if in farewell. Waves edged up the prow. Soon the ocean swallowed the ship. A hoarse wail burst from the Lamalerans.

Throughout Sunday afternoon, the Lamalerans hallucinated, imagining they saw signal flares on Lamalera beach and paddling as hard as they could toward them. The extinguishing of the sun ushered in yet another night at sea and demolished the whalers’ fantasies: There was nothing ahead but darkness. The men lay still as corpses in their ships. Frans thought some of them had already died. Still, he did not lash himself to the thwarts. He could endure a little more. If morning dawned hopelessly, he would tie himself to the téna. It would be as God willed it.

A little before midnight, Frans stirred from his fugue to one of his shipmates croaking. The man was pointing a finger. Frans followed the man’s direction and saw a row of halogen-lit windows floating above the Savu Sea, framing fancily dressed men and women with pale skin. A thick beam of light roved across the waves, blinding him when it settled on the téna. Frans suddenly understood why the ancestors had teased the whalers with the phantasm of home: They had been encouraging the crews to cling to life for just a few hours more.

A metal vessel four times as long as a téna, with the words Spice Islander painted across its hull, chugged toward the Lamalerans. Salvation had arrived in the form of a cruise ship.

Hauling a whale ashore.

Frans had glimpsed modern ships while hunting, but he had rarely seen one this close. When a metal arm lowered a speedboat into the water, he thought he was delirious. The speedboat zoomed up to the Lamalerans, and its crew tied on to the téna in order to drag the bewildered whalers to the Spice Islander. Promises of food and water enticed those crew members who had prepared for death to untie themselves and climb aboard.

As the Lamalerans stepped onto metal stairs lowered from the bow, 40 or so foreigners lined the railing, aiming strange metal boxes that emitted white flashes. The hunters leaned against the sailors, infantile with weakness. The white-skinned men and women shook the Lamalerans’ hands and gave them plastic water bottles, which the men struggled to open until someone showed them how to unscrew the caps. The tourists made them pose and held up the metal boxes once more. Frans was too tired and thankful to care.

The captain of the ship, a man named Sebastianus, led them to the mess hall. They were served coffee sugared with condensed milk, along with crumbly slices of white cake, which tasted bitter to Frans and which Sebastianus told them was called bread. The captain was from Larantuka, the largest city in the archipelago where Lamalera is located, and he had met members of the whaling tribe before. His eastern Indonesian accent and familiarity with their culture put the men at ease. Sebastianus explained that the Spice Islander had been cruising from the Komodo Islands, home of the legendary dragons, to Timor, where the tourists would fly home, when he heard a radio bulletin about lost ships. His marine radar soon pinged two unidentified vessels adrift off normal shipping lanes, and he set out to investigate.

At the end of the meal, Sebastianus apologized that the two surviving téna would have to be scuttled. Frans and the other Lamalerans begged him to save the boats, explaining their spiritual value. He agreed to try. Using the onboard crane, his crew winched the Kéna Pukã onto the cruise ship’s deck, where its hull, ravaged by the whale, was bared for all to see. But when the Spice Islander’s crew tried to lift the Kelulus, the damaged vessel began to break apart.

The Lamalerans beseeched Sebastianus to drag the Kelulus to the nearest island, where they hoped to stash the wreck until they could return for it. But he explained that doing so would take them many miles out of their way, and he had to get the foreign passengers to their destination the next day, lest they miss their plane. “The law of the sea is to save people,” Sebastianus said, “not boats.”

Until then, a sole Lamaleran had remained aboard the Kelulus to protect it. Now he was brought onto the cruise ship, carrying the leo. The téna’s sail and harpoons were left for the ancestors, who would row it in the watery underworld. The floodlights of the Spice Islander illuminated the Kelulus as it began to sink. “You go ahead and wait for us on shore,” a Lamaleran cried out. “Soon we will join you!”

The rope between the Kelulus and the Spice Islander was unknotted. A whaler declared, “It’s better that I go with my téna!” and tried to climb over the railing, but other men restrained him. Many Lamalerans wept hysterically. Others covered their eyes, unable to watch the sinking of the second ship they had lost in a single hunt. Frans tried to face the tragedy unblinkingly, but inside he grieved as if he was watching the drowning of a family member.

Every téna had an eye painted on either side of its bow. As the Spice Islander motored away, its wake spun the Kelulus to face the departing Lamalerans. As the two vessels separated, the Kelulus never broke eye contact. Frans was sure that its spirit was bidding him a personal farewell. The tourists photographed the spectacle.

The Lamalerans slept that night on nests of blankets and pillows piled on the viewing deck. Frans was so exhausted he could not help but sleep, but he kept waking abruptly to unquiet thoughts. What would have happened if the Spice Islander had not discovered them? And how would the ancestors judge them for losing the téna?

“The law of the sea is to save people, not boats.”

The next morning, Frans was thrilled and unnerved as he explored the cruise ship. He had never been on a vessel that did not rock in the waves before. The air-conditioning baffled him. He was amazed by the miniature waterfall that poured from a bathroom ceiling to clean him. He was amused that the tourists pooped in a chair; Lamalerans use squat toilets. When he glimpsed the queen-size beds and ceiling lights of one of the tourist’s cabins, he could not help but wistfully compare it with his mattress stuffed with corn husks and his tiny brick house with no electricity.

Sebastianus had radioed ahead, and a crowd of government officials, journalists, and expat Lamalerans thronged the wharf of Kupang Harbor on Timor. Behind them, sunlight glittered on thousands of corrugated tin roofs, TV aerials, and radio antennas. Frans had only ever traveled to the rural islands neighboring Lamalera to fish; he had never seen anything like this. His first instinct was to hide, but he had no choice except to confront this brave new world.

As he and the rest of the whalers waited for a ferry to take them back to Lamalera, Frans wandered Kupang’s dusty lanes. He saw the impending future: multistory concrete buildings, TVs blabbing about Indonesia’s president, radios playing Ace of Base, motorbikes zooming across newly built asphalt roads. Here were more than 100,000 people who had forgotten their ancestors and abandoned the sacred past for a future that, to him, seemed cheap, chaotic, and unfulfilling. That made Frans yearn for home.

Finally, after several days, the Kéna Pukã was loaded into the cavernous metallic hold of a ferry. The tribe had been alerted by then to the survival of the men, and it sent a message directing the ferry to drop them at a neighboring village, where they had to wait several days while the nautilus shells were dug up and a shaman reversed the funerals that had been performed for them. Later, Frans would help lead a separate mystical rite to recall the souls of the sunken téna.

Yet there was no ceremony to remedy the unprecedented betrayal by the Teti Heri’s crew. It had rent the unity prescribed by the ancestors: talé tou, kemui tou, onã tou, mata tou. The ancient Lamalerans had considered this oneness so fundamental that they did not leave instructions for how to heal a break.

The tribe rebuilt their fleet, and the whale hunts continued. Frans reconciled with the men of the Teti Heri. Still, an existential rupture remained, like a leak in a téna. Over the coming years, Frans would sometimes find himself staring at the western horizon, remembering the alien world beyond it. He wondered with trepidation when it would arrive. He knew it would not be long.

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Fransiskus “Frans” Boli Bediona takes a break from work.

Epilogue

Two decades later, when I met the Lamalerans, they were engaged in a desperate battle to preserve their traditions against the overwhelming pressures of globalization, which had already extinguished many indigenous cultures around the globe. Ignatius was striving to teach his son Ben how to whale, but Ben was making secret plans to run away to the tourist mecca of Bali and become a DJ. Ben was not alone among the new generation yearning for a modern life, casting doubt on the survival of the ways of the ancestors. And yet some of the tribe’s youth still fought to continue the traditions. Even after a whaling accident in 2014 almost killed Jon Hariona, the grandson of Yosef Boko, he kept striving to become a lamafa, like his ancestors before him.

The full story of the Lamalerans’ struggle to forge a place for their way of life in the new millennium is told in my forthcoming book, The Last Whalers.

The Long Shots

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The Long Shots

A sports phenom shunned for drug abuse, a strongman down on his luck, and the leap of faith they took together. 

by Luke Alfred

The Atavist Magazine, No. 83


A journalist for two decades, Luke Alfred has served as sports editor and senior cricket writer at the Sunday Times in Johannesburg, South Africa. He is the author of books about cricket, rugby, and the lost art of walking.

Editor: Jonah Ogles and Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Adam Przybyl
Illustrator: Allegra Lockstadt

Published in September 2018. Design updated in 2021.

I.

John McGrath was hunting a ghost: a man more than two decades his junior who seemed to melt into thin air. Every few days in the spring of 2013, McGrath, a 46-year-old native of Ireland, climbed into his black Jeep and drove ten miles from his home in the city of Paarl, South Africa, to Mbekweni, a predominately black township. He guided the thick tires of his vehicle around the potholes and puddles dotting Mbekweni’s narrow streets. He drove past small shops and roadside kiosks selling apples, potatoes, cigarettes, snuff, and gum. McGrath kept his window rolled down so that he could ask passersby if they had seen the phantom he was looking for: Luvo Manyonga, a young man full of possibility.

McGrath knew a thing or two about possibility. A strength coach for competitive athletes, he’d recently spent 18 months training the South African women’s tug-of-war team for the 2013 World Games, an event held every four years featuring sports that aren’t part of the Olympics. The women weren’t expected to do well—other countries had far better teams—but McGrath cared little for odds, records, and other supposed predictors of athletic success. He believed in hard work, hope, and surprises. Six-foot-six, with a chiseled torso and sculpted arms, he embodied the principles of his training methods. He’d weathered personal obstacles to become a rower and, later, an old-fashioned strongman, bending steel bars and other unlikely objects in front of stunned audiences. With his guidance, South Africa’s tug-of-war team won the bronze medal at the World Games.

The games were the reason McGrath had first heard about Luvo Manyonga. As part of his preparation, he’d attended a two-day symposium of coaches, trainers, and members of the South Africa Sports Commission and Olympic Committee (Sascoc). The meeting was held at a hotel in Johannesburg, in a conference room where the walls were lined with life-size posters of South African athletes in action. One of the images showed Manyonga in midstride, as if running on air. He was long and lithe, his legs extended and arms spread wide, as if every muscle in his body were pushing, propelling, willing him forward. He was jumping because that’s what he did best: Manyonga was one of the most promising long jumpers the world had ever seen.

McGrath found himself staring at the image, but not because of Manyonga’s height, form, or technique. “It was something about his eyes that pulled me in,” McGrath told me. “I recognized something in his face.” What, exactly, McGrath couldn’t quite say. But he was transfixed.

Despite Manyonga’s prominent photograph, South Africa’s top sporting authorities only rarely spoke about the young man anymore. He’d broken the country’s long-jump record at the age of 18 and had won international medals. He’d been on track to compete at the 2012 London Olympics, but his demons had gotten the better of him. He’d tested positive for methamphetamine and been banned from competition for 18 months. Sascoc, which determines which South African athletes compete for their country on the global stage, had all but turned its back on him.

Squandered talent, delegates of the Johannesburg meeting told McGrath, shaking their heads. Their resignation sparked his interest. He decided to find Manyonga and offer to train the athlete widely considered too toxic to touch.

Tracking Manyonga down wasn’t easy. He was still using drugs and sometimes pawned his cell phone for cash, which made him difficult to reach. So McGrath went looking for the athlete at his family’s home in Mbekweni. Manyonga lived in a four-room house on Machule Street that was hot in summer and cold in winter. It had been built atop the ruins of another structure destroyed by fire. McGrath parked his Jeep and walked up a path strewn with rubble, the remains of the other home, to the back door. He was ushered into the cramped living quarters by Manyonga’s mother, Joyce, a short, gospel-loving domestic worker in her sixties, and Vuyiseka, his elder sister.

Joyce and Vuyiseka said they had no idea where Manyonga was. They rarely did. Around Mbekweni, the would-be track star was known to scrounge and steal to feed his habit. If McGrath wanted to find him, he could try two of Manyonga’s preferred hangouts—the community center and the railway station—or linger through the night at Rennie’s Corner, a dingy nightclub.

Or, Joyce offered, McGrath could talk to Eugene Maqwelana, who ran Living Hope Ministries, a local evangelical church. Maqwelana’s father had once played rugby with Luvo’s father. As a respected pastor, he was well-connected and heard almost every shred of gossip that circulated through the 30,000-person township.

When McGrath reached out, Maqwelana was surprised. White men with blue eyes didn’t appear in his church very often. The pastor knew that Manyonga, who sometimes attended Bible classes held by Living Hope Ministries, was sliding quickly toward rock bottom. “Luvo was so raw,” Maqwelana told me. “One night in my Bible class, I asked if anyone would like to say anything, and he said yes and stood up and asked us to pray for him. After that he just wept. You could really see that this boy was broken.” Any punt on the township’s pride turned prodigal son seemed worth taking. Maqwelana promised McGrath that he’d find Manyonga and set up a meeting.  

Through other youth in the Bible class, Maqwelana got word to Manyonga that his presence was requested at the community center, to meet with the pastor and an Irishman. In the township, if a pastor says he wants to see you, he isn’t giving you a choice. Social custom dictates that you show up looking your best—clean pants, pressed shirt, shined shoes—and listen respectfully to what he has to say.

Manyonga did one better, arriving at the appointed time with a white Panama hat on his cleanly shaven head. Maqwelana interpreted the dapper accessory as a signal that the young man was eager to impress, even if he wouldn’t admit it. Maqwelana believed that deep down, despite being 22 and cocky, Manyonga wanted salvation.

The pastor introduced the two men and then left McGrath to make his pitch. Manyonga slumped slightly in his chair, wearing the neutral face he reserved for the authority figures in his life—teachers, parents, and Pastor Eugene. Sensing his audience’s unease, McGrath turned his wooden chair around so that he could straddle it and lean his thick forearms atop the back. The posture was informal and friendly; it also took the edge off the perpetual pain in McGrath’s back, the result of injuries sustained over years of athletic competition.

“Listen, Luvo, I know where you’re at,” McGrath began, his voice thick with a liquid Irish brogue. “I believe you can be an incredible jumper, and I believe I have the skill to get you going toward your dreams.”

McGrath was careful not to wag a finger or spout holier-than-thou warnings and maxims. He didn’t want to come off as judgmental. He didn’t give a damn if Manyonga liked to get high, but here was the thing, McGrath said: Manyonga had the sort of talent that comes around once in a blue moon. There are precious few people who have both the ability and the opportunities necessary to become a Michael Phelps or a Usain Bolt. The track world had for all intents and purposes abandoned Manyonga. His family was worried sick. He had everything to gain. What was there to lose?

“So how about you come and train with me then, Luvo?” McGrath asked.

Manyonga pursed his lips and moved them sideways, screwing up his face as he mulled over the question. Finally, his mouth broke into a half-grin, charming yet boyishly shy.

“OK,” he said. “When?”

McGrath raised an eyebrow. “Tomorrow. I’ll pick you up at 10 a.m.”

“Get ready,” Manyonga said, “because I’ll show you who’s boss.”

“I know you will, Luvo,” McGrath replied.

With that, Manyonga stood up and walked out. McGrath watched him and his Panama hat go. He could only wonder if the long jumper would actually show up to train, but he knew that the stakes felt sky-high. By the age of 30, McGrath thought, either Manyonga would be standing on an Olympic podium or he’d be lying in a gutter, dead from an overdose. What McGrath didn’t know, and perhaps couldn’t, was that the choice Manyonga made that day would shape the course of the Irishman’s life, too.

II.

Manyonga had sports in his blood. His mother grew up in the dusty Eastern Cape village of Dordrecht, where she sprinted and played netball, a game similar to basketball. His father, John, was willowy and long necked and became a rugby winger—a position often given to the fastest athletes—for teams in upcountry mining towns.

The couple moved from their rural home to the growing sprawl of the Western Cape in 1977, settling in Mbekweni, a township of concrete houses and tin shanties. Joyce got seasonal work picking grapes, and John operated a forklift and played for the local rugby team, Paarl Blues. Things were tight for the growing family even before John lost his job. By the time Manyonga was born in 1991, during the waning years of South Africa’s apartheid regime, John was consistently unemployed and frequently absent from home. Joyce took up the financial slack as a domestic worker for an Indian woman in Paarl, a town of vineyards and whitewashed houses.

Manyonga was a solitary child. He spent much of his time watching television by himself, pencils in hand, re-creating what he saw on the screen on scraps of paper. He drew cartoon figures, some of which still hung on the walls of the family’s Machule Street home when McGrath visited years later. “He was very quiet. He never had friends,” Vuyiseka said of her baby brother.

The only time Manyonga seemed to find his place in the neighborhood was when he played a game called three sticks, or drie stokkies in Afrikaans. Jumpers took turns hopping over the sticks, which were placed at regular intervals and moved farther and farther apart with each round. Anyone who couldn’t clear all three was eliminated. Manyonga was always the last one standing.

As he grew, so did Manyonga’s enthusiasm for jumping. He began leaping over random objects—car tires, plastic crates, cardboard boxes—lying around Mbekweni. By the time he was a teenager, he attracted street-corner audiences who clapped and gasped in admiration as he cleared long lines or tall piles of stuff. Jumping made him feel free and at peace. “It is as if when I jump,” he told me years later, “I am just in heaven.” It also gave him something to do so instead of getting into trouble with his chommies, boys he knew in the township.

In high school, Manyonga joined the track team. His school didn’t have the facilities or coaching to help him nurture his natural ability, but once or twice a season the team competed in regional meets at Coetzenburg Stadium, about 20 miles from Mbekweni, on the quiet, tree-lined campus of the University of Stellenbosch. It was at one such meet in early 2009 that Mario Smith saw Manyonga perform the long jump.

Smith was the no-nonsense, chain-smoking head of the university’s athletics department. “He’s a guy who looks at the data, runs the numbers, and keeps his emotions in check,” said Shaun de Jager, one of Smith’s track and field athletes at the time. What Smith witnessed in Manyonga was a body moving with such casual grace that it was almost scandalous.

The long jump dates back as far as the first Olympic Games in ancient Greece. It involves an athlete taking a running start, reaching a takeoff point, and leaping as far as they can into a narrow sand or dirt pit. When Manyonga prepared for a jump, he stood up straight, his head tilted toward the sky. As he hurtled down the runway, he adjusted his stride pattern so that he’d launch from his left foot, departing earth for air. At the apex of the jump, Manyonga’s favorite part, he seemed to yearn for his legs to grow just a little longer. Often, in that moment, he flashed his teeth, giving the impression that he was on the brink of a raucous laugh.

What Smith witnessed in Manyonga was a body moving with such casual grace that it was almost scandalous.

Smith approached Manyonga and asked to be his coach, even though Manyonga wasn’t a student at the university. It was a canny move: Smith recognized that he could do something for Manyonga and that the reverse might be equally true. Manyonga, a world-class talent, could make Smith’s name as a coach outside university sports, maybe even outside South Africa.

There were complications from the start. Athletes of Manyonga’s caliber typically adhere to a strict daily training schedule, but money for transportation from Mbekweni to Stellenbosch was in short supply. “Luvo couldn’t be there every day,” De Jager told me. Still, the young man’s ability blossomed. “The amazing thing was that Luvo could understand immediately what Mario said,” De Jager observed. “What took other athletes weeks took him days. I’ve never seen anything like that before.”    

The first major test of Smith and Manyonga’s partnership came in July 2009, when they traveled to Mauritius for the African Junior Athletics Championships. Despite having worked with Smith for only a few months, Manyonga jumped 7.49 meters and came in third. Before long he was hitting 8 meters in practice, good enough to put him in medal contention at the Olympics, should he ever get there.

In July 2010, at the World Junior Championships in New Brunswick, Canada, De Jager figured it was a no-brainer that Manyonga would seize gold. But it wasn’t so easy. Competitive long jumping has two rounds, a qualifier and a final. The top 12 jumpers in the qualifier advance to the finals, where each takes three jumps. The top eight then take another three turns. The person with the best distance across those six jumps wins. At the junior worlds, Manyonga’s only real competition was Spain’s Eusebio Cáceres, and after five jumps, Manyonga held the lead at 7.7 meters. Then Cáceres posted a 7.72, leaving Manyonga one last turn to retake the lead.

Smith, known for his cool, clinical demeanor, pulled from a blue packet the latest of many Rothmans cigarettes he’d smoked during the finals. He lit up in the warm Canadian evening. Manyonga stepped to the line, sprinted toward the pit, and lifted off. When he landed, he’d smashed Cáceres’s distance, jumping 7.99 meters.

“Mario just freaked out,” De Jager recalled. Smith dashed toward Manyonga and grabbed him in a hug. “Luvo is just one of those super energetic guys, bouncing all over the place,” De Jager explained, so his joy came as no surprise. Smith’s, though, was a departure. “It was nice to see Mario go across like that and get all emotional,” De Jager said.

With Manyonga’s gold in hand, there was no question: The long-legged boy from Mbekweni was causing a stir in the track world. His future, personally and professionally, was wide open.

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McGrath knew what it was like to use sports as an escape from a troubled childhood. In the 1970s, he grew up in a working-class family of six—mother, father, and four boys—not far from the country towns of Tallow and Cappoquin in County Waterford, Ireland. Home life was tough; McGrath’s dad had an unpredictable temper. His mother, who worked as a confectioner, was softer. McGrath sometimes picked blackberries that she baked into pies and wedding cakes.

He and his brothers played rugby and hurling, an Irish game similar to field hockey. After school they earned money harvesting onions or doing other odd jobs. McGrath put the money aside for his first bike, a red and white Raleigh with a fancy white seat. When he came up short on a down payment, his father, who could be generous when he wasn’t angry at his sons, made up the difference. McGrath rode it in ever wider circles around the house each day, venturing as far as he could before he had to turn around and head home for dinner.

One summer afternoon in the late 1970s, while learning to swim in a municipal pool, McGrath was approached by several members of a local rowing club running a recruitment drive. Would he like to join? His face dripping wet, McGrath looked up from the pool and asked when and where he was wanted.

Rowing provided an even greater escape than McGrath’s one-speed Raleigh. Soon his younger brother Oisin joined the club, too, and they traveled to Limerick, Cork, and Dublin for regattas. McGrath wasn’t a fluid rower, but he was powerful, a dynamo with the oars. He discovered that he loved the calm of the Blackwater, a gloriously wide tidal river next to the club’s boathouses. He could lose himself in the steady rhythm of pulling the oars and the labor exerted by his legs and lower back.

Over a decade of competition, with calm deliberation, he and Oisin powered past some of the best rowers in Ireland. In 1992, they competed on a four-man team in a qualifier for the Barcelona Olympics, breaking the course record by five seconds—only to have a Cuban team break it by six, dashing the McGraths’ hopes of advancing to Spain. “That race was the greatest of my life,” McGrath said. “I’ll never forget the exhaustion of coming in second.”

Not long after the head-to-head battle with the Cubans, disaster struck: McGrath was exercising when he felt a sudden sharp pain in his back. It was a prolapsed disc. Rowing became impossible, and within a year, he’d drifted away from the sport entirely. He took up martial arts like kickboxing and hapkido, among other disciplines that didn’t make heavy demands on his back. He grew fascinated by strength and conditioning, how it could help athletes of all skill levels. In 2002, he became the strength and conditioning coach for Mount Sion, a hurling team in Waterford.

The same year, McGrath picked up a hardback copy of a book called The Mighty Atom, by Ed Spielman. It tells the story of Joseph L. Greenstein, born premature and asthmatic as Yosselle Greenstein in the Polish border town of Suwalki in 1893. Doctors predicted that he would die before adulthood, but he survived and, of all things, joined the circus. Despite his diminutive size, Greenstein apprenticed with a wrestler and strongman called Volkano. In 1911, he came to the United States, where he reinvented himself as the Mighty Atom. Greenstein performed at Coney Island, slamming nails into plywood with his palm and flexing his pectoral, trapezius, and other bulging upper-body muscles to break the links of metal chains crisscrossing his chest. “The Modern Hercules,” a promotional poster for the Mighty Atom declared.

McGrath identified with Greenstein’s restlessness and self-sufficiency. He also shared the Mighty Atom’s views on the benefits of vegetarianism and avoiding alcohol. “No doubt about it,” McGrath told me. “The Spielman book changed my life.” In his free time, McGrath read about the lost tradition of Irish strongmen—performers and itinerants like Michael “Butty” Sugrue—and started training to bend horseshoes and tear telephone directories in half with his bare hands.

By 2008, McGrath had met a woman named Elke who was originally from South Africa. They lived on a farm outside Waterford called Bawnfune House, complete with prefamine sheds amid rolling green fields. Then the Irish economy fell off a cliff: Property values declined by more than 60 percent, and interest rates skyrocketed. Suddenly, McGrath couldn’t pay his mortgage. The bank took the farm. “I was in a horrible corner,” McGrath recalled.

McGrath started training to bend horseshoes and tear telephone directories in half with his bare hands.

Amid the mayhem of the crash, Elke announced that she wanted to return home to Paarl. McGrath followed, partly out of a lazy sense of adventure, and partly because he had few other options. He flew to South Africa with some clothes, two rolled-up paintings by a favorite Waterford artist, and two hurling balls, called sliotars, from his days training the lads at Mount Sion.

McGrath found Paarl alien. He didn’t understand a word of Afrikaans. He stood out as a tall, bulky foreigner with a funny accent. He longed for the fish and chips shop near the Mount Sion grounds and the grassy islands that run down the middle of Irish country roads. But he did his best to make a go of it. He picked up odd jobs performing vaudevillian feats of strength in school gymnasiums or delivering motivational speeches about the power of dreams and positive thinking. “I love the performance aspect of it,” he said of being a strongman. “But finally, it’s only a tool to prove to others that anything is possible. Bending paradigms is more important than breaking chains.” He coached two local rugby teams and helped some fellow enthusiasts build a Marine-like outdoor obstacle course called Die Pyntuin (the Garden of Pain).

None of it paid well, though. He and Elke began to grate on each other’s nerves. They fought, blamed each other for fighting, then fought some more. They soon separated.

McGrath scraped the money together to rent an empty warehouse on the industrial side of town; he wanted to open a strength and conditioning gym. The building was dark, drafty, and worn around the edges, but it was his. Bit by bit, McGrath attracted clients. The national women’s tug-of-war team was his first big get, and their medal at the World Games boosted his credentials. He was still in an existential breach, but he was determined to claw his way out.

III.

In some ways, it was success that led to Manyonga’s downfall. Although he received no prize money to go with his gold medal at the junior worlds, sponsors began reaching out. Adidas paid for his kit, training shoes, and spikes, and he received a small stipend from Sascoc. In local terms, he was rapidly becoming a meneer (big man).

Smith persuaded Manyonga to live in a communal athletes’ house in Stellenbosch to focus more on his training. Doing so would mean dropping out of school before receiving his qualification—the South African equivalent of a high school diploma—but Manyonga didn’t mind. “At that time, Luvo, he was just flying,” Vuyiseka told me.

Manyonga shared the house with four other track and field athletes. He had his own room and a little privacy, two things he’d rarely experienced in Mbekweni. The five housemates spent weekends hanging out, eating Smith’s decadent homemade pasta dishes. But during the week they trained hard. Manyonga made steady gains in strength and technical acumen. Before long, Smith felt that Manyonga was ready to jump against anyone in the world.

Athletics South Africa, the country’s governing body for track and field, entered Manyonga in the long jump at the World Athletics Championships in South Korea. Though he placed fifth, he earned a $5,000 check, almost as much as the average annual income for black South Africans. Upon his return home, Manyonga, who was 20, set out to impress. He bought new clothes and attracted a group of friends who were happy to let him pick up the tab whenever they went out for meals or drinks. He disappeared from the training house for days at a time and stayed out all night at clubs in Mbekweni and Kyamandi, a township outside Stellenbosch.

Many people in these clubs used crystal meth, which had started flooding into South Africa from Nigeria in the late 1990s and was soon produced locally. One morning, after a night of partying, Manyonga woke considerably worse for wear. He pulled on jeans, splashed water on his face, and headed to Kyamandi. He had heard from a friend that tik, the local name for meth, was a cheap cure for a hangover, and he thought he could find someone dealing in the township.

Smith called to ask why he was late for training. Manyonga hung up.

Manyonga bought a small baggie of meth that day. When he smoked it, he heard a tik-tik-tik as he inhaled the heated lolly, or pipe; the sound was the source of the drug’s name. He loved how meth made him feel. The sensation of being high was nearly as good as jumping, he would later tell me. He didn’t have to worry about Smith pushing him, shouting at him to do better during training. He didn’t have to worry about fitting in at the athletes’ house as a township boy who hadn’t completed his exams. He didn’t have to worry about pressure or expectations or anything else. For a few hours, he didn’t have to think at all.

Soon the other athletes at the house noticed that personal items were disappearing. Money went missing from a wallet; cell phones mysteriously vanished like socks in the dryer. His housemates suspected Manyonga was taking things of value that he could trade for drugs. As they were cooling down after a training session without Manyonga one day, they brought the subject up with Smith. The conversation was amiable enough, but the young men felt that their coach didn’t take what they’d said to heart. “It felt like Mario didn’t want to see what we were seeing,” De Jager said. Still, Smith recommended that Manyonga visit a Stellenbosch-based sports psychologist named Dawn Saunders. “It was my impression that Mario sensed something wasn’t right,” Saunders told me. “It was almost as if he wanted me to confirm his suspicions.”

Busy with his new social life, Manyonga cut back on training, but he continued to compete and even to excel, a matter of enduring frustration to his less talented housemates. Though he underwent random drug testing before some meets, Manyonga didn’t get caught. Tik is detectable in a person’s system for only about nine days after use, and Manyonga would abstain from smoking just long enough to avoid testing positive.

On March 20, 2012, less than five months before the London Olympics, there was a meet scheduled at Coetzenburg Stadium, Manyonga’s home turf. He hadn’t planned to compete, so he’d snuck out of the house the day before to smoke a tik pipe in Kyamandi. Irritable with Manyonga’s wanderings, Smith decided to force the long jumper to participate, no matter how tired or unprepared he was. “Mario was pissed off,” said De Jager. “He put pressure on Luvo to compete. He always knew that if Luvo just hit the plank, the chances were good that he’d put in a good jump.”

Following the meet, a mere 24 hours after smoking tik, he was selected for a drug test. When it came back positive, Manyonga was immediately prohibited from further competition pending a hearing before the South African Institute for Drug Free Sport (SAIDS), scheduled for a month later. Depending on what the panel decided, Manyonga faced a ban of up to two years.

Manyonga was devastated, and Smith was irate—at his star jumper but also, in De Jager’s telling, at himself. Smith insisted that Manyonga voluntarily enter an outpatient rehab center near Cape Town, in the suburb of Hout Bay. For several weeks, Manyonga spent his days at the rehab center, going through counseling and working on strategies to avoid a relapse. When he next visited Saunders, “he was upset and disappointed,” she recalled. He also “didn’t deny anything.” During their talk, Manyonga was deferential and apologetic, less a meneer than a frightened kid, scarcely out of adolescence. Jumping had been his source of power and his escape. If he couldn’t jump, what would he do?

When Manyonga was scheduled to appear in the suburban Cape Town offices of SAIDS, Smith went with him, and the coach asked Saunders to come, too. The London Olympics were less than three months away. Saunders, like Smith, felt strongly that Manyonga was a young man from difficult circumstances who’d made a mistake; she understood how rare his talent was, how limited his support system, and how easy it must have been to get caught up in the culture of tik. As they prepared to enter the SAIDS offices, Saunders asked Manyonga how he was feeling.

“Mum can’t be proud of me now,” she remembered him saying. “I’ve brought shame on my family.”

Jumping had been Manyonga’s source of power and his escape. If he couldn’t jump, what would he do?

At the hearing, Manyonga, Saunders, and Smith sat on one side of a large boardroom table; on the other was a panel of four administrators and lawyers (three of them white, one Malay) who would decide his fate. Manyonga accepted strict liability—he didn’t dispute that he’d tested positive—but otherwise spoke little. Saunders and Smith did most of the talking.

Saunders described the long jumper’s background, his dysfunctional home life, and the rigors of Mbekweni. Manyonga had shown contrition, Smith added, and voluntarily sought out treatment. His mother earned 120 Rand (roughly $9) per week as a domestic worker; his dad rarely had work. If Manyonga didn’t jump, he would have no income, and his family would lose his financial support, too. He needed only one more jump to qualify for the Olympics.

Some of the panelists teared up or blew their noses. “So you believe, Mr. Smith,” asked Andrew Breetzke, the chairman, “the athlete has the potential to become one of the world’s great long jumpers?”

“I do,” Smith replied. “He’s my most gifted athlete. He can hurdle parked cars.”

After approximately three hours, the meeting was adjourned. The panel would deliver a verdict within two weeks. The mood during the car ride home was somber. Smith drove and Saunders sat in the front; Manyonga was in the back seat. Saunders heard sniffling coming from behind her at one point but didn’t turn around.

As they rolled down the N2 highway toward Stellenbosch, Saunders noticed the shanties of Khayelitsha, the largest township in South Africa. She had seen it many times before, but the sight now shamed her. The lingering divisions of apartheid, between the haves and have-nots, was as much a part of the South African landscape as the breathtaking silhouette of Table Mountain and the fields of grazing rhinos in Kruger National Park. And just like the townships, Manyonga personified the raw injustices of his country.

Saunders started to cry. She looked across the car and saw that Smith was crying, too. “What a bugger up it was,” she told me. “I don’t know if another nation can understand this—that this is what it means to be a South African.”

Two weeks later, the verdict arrived: Manyonga was banned from jumping for 18 months. The mitigating factors of his background and home life meant that he didn’t receive the maximum two-year sanction. Breetzke told me that he felt bad about the whole situation—a “quintessential South African tragedy,” he said—but rules were rules.

Over the next year, Manyonga disappeared from Smith’s radar. He bounced around Mbekweni, from club to club, aimless, often high—until the day he met John McGrath.

IV.

At 10 a.m., the time they’d agreed to meet to begin training, McGrath pulled up in his Jeep at Manyonga’s Machule Street home, vacillating between hope and doubt that the young man would even be there. To McGrath’s relief he was, though he’d ditched his Panama hat for a black tracksuit. McGrath got out of the Jeep, and he and Manyonga bumped fists and snapped their fingers in greeting. Then they both got in the car and headed to the gym.

To start, McGrath wanted to establish a baseline for Manyonga’s natural gifts. He had the young man hold a broom across the front of his thighs, the handle horizontal to the ground. He asked Manyonga to jump over it from a standing position, then, with the handle pressed to his hamstrings, to jump over it backward. The exercise was nearly impossible; McGrath had seen it done successfully only a few times in his career as a coach. Manyonga did it ten times in a row.

Still, there was room for improvement. Manyonga was naturally supple, but he wasn’t nearly as strong as he could be. A long jumper needs the explosive power of a sprinter to fly down the runway and maximize his launch. Manyonga could run 100 meters in 10.5 seconds; McGrath told Manyonga he could get that number down to 10 if he wanted to. The young athlete also needed better stability in his ankles, so he could withstand the bone-jarring force of his takeoff without injury.

McGrath concentrated on exercises that would strengthen Manyonga’s core and thighs without sacrificing his natural speed and agility. Manyonga rode a stationary bike. He worked with weights and medicine balls. He did one-legged jumps onto raised blocks. Days turned into weeks, weeks wheeled into months, and Manyonga became stronger and fitter.

Sometimes they were joined in training by Ryk Neethling, a freestyle swimmer who had won a gold medal at the 2004 Athens Olympics as part of South Africa’s 4×100-meter relay team. The three men quickly established a rapport. They were relentlessly competitive, challenging each other to acts of strength and endurance. Manyonga was easily bored, so they devised games to keep things interesting. Sometimes they’d race around the facility’s perimeter, pushing wheelbarrows full of weights as fast as they could. “Somehow,” McGrath recalled fondly of the competitions, “Ryk would always start before I said go.”

As Manyonga put on muscle, McGrath did, too. Within a few months, he realized that he had never been in better shape and that he was having more fun than he’d had in years. After workouts during which they blasted songs by Lil Ray Jimenez, McGrath and Manyonga would go to Paarl for coffee or a shake and a burger. They were an unusual pair: McGrath was the pale white of the sun-shy Irish, while Manyonga was a lustrous black. McGrath was like a brick wall of solid muscle, while Manyonga was narrow and agile. He walked on his toes, not the soles of his feet, giving the impression that he was always about to take flight. They joked with each other and talked about women and music. Manyonga loved R&B and a South African genre called gqom, which mixes rap and house music. McGrath’s tastes inclined toward heavy metal, Irish folk, and the Ramones. “We were very equal,” McGrath recalled of their relationship. “I talked about Ireland and the Irish weather. He talked about going swimming in the dams behind Mbekweni.”

As they became closer, there was one subject that Manyonga didn’t seem comfortable discussing: his relationship with Mario Smith. From the little Manyonga said, and from what McGrath heard from other athletes, it was clear that the coach-athlete bond had become a strained one.

McGrath’s and Smith’s paths seldom crossed—they moved in different athletic worlds—but he empathized with Smith, because he had frustrations of his own with Manyonga. Sometimes the long jumper skipped training sessions and would be unreachable because he’d sold his most recent cell phone. Things went missing from the gym, like a mountain bike and thumb drives of music. While McGrath didn’t have proof that Manyonga was to blame, he’d also never lost things like that before. McGrath let it go. “Some battles you fight,” he told me. “We were in a delicate phase. I suspected that he was still smoking tik but looked the other way. I couldn’t be with him every hour of the day, and I didn’t want to go down that particular rabbit hole.”

McGrath knew that Manyonga needed Smith’s expertise on the technical aspects of jumping to compete again, so when Manyonga’s ban expired, in September 2013, the Irishman arranged a three-way meeting at Val-de-Vie, a luxury golf estate where Ryk Neethling worked when he wasn’t swimming. The gathering, McGrath announced after they’d all sat down, was about leaving the past behind and finding common ground. “I made it quite clear,” McGrath said, “that no one person would help improve Luvo—it was going to be a joint effort.” They agreed to put the ban behind them and set their sights on the Commonwealth Games, scheduled for Glasgow, Scotland, in July 2014. It was the ideal venue for Manyonga to return to international competition: high-profile but not exceptionally so.

To get there, the trio established a daily protocol. Manyonga would train with McGrath in Paarl in the morning, then with Smith in Stellenbosch in the afternoon, before returning to Mbekweni at night. Smith would either pick him up or see to it that a car came to fetch him. The routine would give Manyonga structure and support at every turn, along with a new goal to replace his dashed London dreams. Whatever bad habits the young man still had, Smith and McGrath hoped to keep them at manageable levels.

The coaches decided that Manyonga would compete at a meet in Coetzenburg Stadium in March 2014, just two days before the cutoff date to qualify for the Commonwealth Games. Manyonga wasn’t quite in peak shape, but Smith and McGrath hoped he would qualify with one of his early jumps, before he got too tired. He reached 7.65 meters on his second attempt, more than enough to make it to Glasgow.

But there was a hitch: Afterward, Athletics South Africa claimed that the jump was never reported and therefore couldn’t be ratified—meaning that Manyonga hadn’t officially qualified. When Sascoc announced South Africa’s Glasgow team on June 11, 2014, Manyonga wasn’t on it. All his hard work had been wasted effort. His official ban had ended nine months prior, but now it seemed to have been informally extended.

According to McGrath, Manyonga took the news in stride. “I was more freaked out than Luvo was,” McGrath told me. Perhaps, he mused, Manyonga had already “had to take so much shit” in his life as a poor black man in South Africa that this felt like business as usual. Then again, Manyonga wasn’t one to be open and honest about his feelings. Playing tough was an act of youth and a product of circumstance.

Manyonga’s official ban had ended nine months prior, but now it seemed to have been informally extended.

One night, two weeks after Sascoc’s announcement about Glasgow, Smith was driving from Stellenbosch to Paarl in his battered Opel Kadett when an oncoming car came over a rise and hit him head-on. Both vehicles immediately burst into flames, killing Smith and the other car’s four occupants.

The news spread quickly, and the athletes Smith had worked with most committedly took it hard, like the loss of the family member who’d been the glue holding everyone together. “We had a really good training group,” De Jager said. “The fact that Mario died broke us apart.”

Manyonga had known Smith for five years. The coach had given him a shot—twice—and been a father figure. Even during the painful months of the ban and the distance it had created between them, he’d loved the man.

After the accident, Manyonga drifted back to Mbekweni. When he and McGrath saw each other or spoke, Smith’s death wasn’t mentioned. “Luvo didn’t reveal too much of his pain to me,” McGrath said.

On the day of Smith’s memorial, Manyonga put on slim-fitting red pants, a crisp shirt, and pointed black loafers. He left his family’s home intending to catch the train to Stellenbosch, where the service would be held. But he got waylaid: He ran into some friends, smoked a tik pipe, and never caught the train.

V.

The day of Smith’s funeral was when I met McGrath and Manyonga for the first time, though it wasn’t an easy undertaking. On a work trip to the Western Cape, I’d heard about an Irishman who’d befriended a long jumper with talent to burn, now ostracized from the South African track community because he used drugs. My interest piqued, I’d contacted McGrath, who explained Manyonga’s tendency to disappear. On the day of the memorial, we chased him for five hours: An acquaintance on the street said they’d seen him an hour or so prior and pointed us to one of Manyonga’s haunts, where the scenario repeated itself, before we finally found him at the train station.

Exhausted—and irritated—by the search, we went looking for something to eat and somewhere to talk. I learned much about Luvo that day: the purity of his potential, the depth of his relationship with McGrath, and the intensity of his love of tik, which he described to me with rapt attention to detail. He also talked about his drive to succeed. “I want to be someone in life,” Manyonga told me, “not a hero or a millionaire. I want to be a normal person with a family, a person people look up to and say, ‘One day, I want to be just like him.’”

The product of my reporting was an article, “The Impossibility of Loving Luvo,” published in South Africa’s Mail and Guardian in August 2014. The wheels that the story set in motion were slow but powerful. The African National Congress, the country’s governing party, reached out to its Mbekweni branch, and Manyonga and McGrath were invited to a parliamentary meeting in Cape Town. The two men explained the long jumper’s predicament. The lawmakers said that while they couldn’t make any decisions about Manyonga’s fate, they would call people who could.

Within a few weeks, McGrath’s phone was ringing. Sascoc was interested in Manyonga again. The committee offered to enroll him at the High Performance Centre (HPC) at the University of Pretoria, better known as Tukkies. The HPC was the best athletic center in the country.

“I want to be someone in life, not a hero or a millionaire. I want to be a normal person with a family, a person people look up to and say, ‘One day, I want to be just like him.’”

On the heels of Smith’s death, McGrath felt it was the right move for Manyonga. “Never,” he told me, “have I seen someone as straightforwardly gifted as Luvo.” McGrath didn’t want the young man to pass up a chance to get his talent back on track.

In June 2015, a year after Smith’s accident, Manyonga moved to Pretoria to train. He wasn’t thrilled about the HPC’s insistence that he submit to random drug testing, but he was glad when, one sunny winter morning not long after he’d arrived, he met someone eager to be his new coach: Neil Cornelius, a trainer at the HPC. “I knew of his troubles and his past,” Cornelius told me, but “there was never any doubt” that with work, Manyonga could “break barriers.”

Not that Cornelius liked everything he saw. Manyonga still walked and ran on his toes and needed to get out of the habit during his jumps, Cornelius told him, because placing a full foot on the ground would give him a firmer takeoff. Manyonga also admitted to his coach that, because he was scared of heights, he closed his eyes after launching into the air. Cornelius urged Manyonga to keep them open. “I told him that if you close your eyes, you are losing control and direction,” Cornelius explained. “If you don’t have visual feedback, you don’t know where you are going.”

Under Cornelius’s tutelage, Manyonga gained in confidence and strength. His technique became more precise and his jumps progressively longer. With dedication, on the right stage, he could possibly break American Mike Powell’s world record of 8.95 meters, set at the 1991 World Championships in Tokyo.

McGrath was nearly 800 miles away in Paarl, but he tried to visit Manyonga regularly. When he flew up from Cape Town for work, he would arrange his schedule to spend at least half a day with his friend. They would meet and shoot the breeze over a cappuccino or a meal. “Luvo had a fierce appetite, that I can tell you—he’d have mighty breakfasts,” McGrath recalled, “and a good conversation with the waitress as well.” They went to rugby matches and, once, to watch a motocross race. “That was probably the last uncomplicated visit we ever had,” McGrath said.

The complications didn’t stem from an argument or disagreement, which McGrath and Manyonga rarely had in earnest. The problems were subtler and more frustrating. Manyonga moving to Pretoria, far from the trauma he’d endured and the mistakes he’d made, created a rift between the life he’d lived and the one he wanted to build. McGrath sat on the far side of that divide, a reminder of a past self that Manyonga wanted to shed like old skin. He was young, gifted, and impetuous. His friendship with McGrath seemed better set aside with a gentle hand than dragged along with him into the future.

When I spoke to McGrath on the phone, I asked if he felt hurt by the growing distance between him and Manyonga, but he insisted that nothing was wrong. “This was how it was meant to be,” he’d once said of Manyonga’s move to Pretoria. In another conversation, he noted, “My motive was always to get him on his feet and get him going again.” On another occasion, McGrath added, “I was always gunning for him to get away. I was never going to carry his suitcase around the world.”

In March 2016, Manyonga’s rehabilitation reached a critical moment. At a low-key meet at Pilditch Stadium in Pretoria, he jumped 8.2 meters. The distance guaranteed that, after years of hardship and uncertainty, Manyonga was finally able to go to the Olympic Games for his country. McGrath wasn’t at the meet, but when he heard about Manyonga’s victory, he texted his friend, “Show the swagger.”

A month later, Manyonga was set to appear at the South African Athletics Championships. It was the country’s biggest stage, and Manyonga hoped to wow audiences with further evidence of his comeback. McGrath and Manyonga’s family were in the stands at Coetzenburg Stadium. Manyonga had jumped there hundreds of times before; it felt like a spiritual home. Cornelius whispered in Manyonga’s ear that he was on the cusp of becoming a legend in front of the entire country.

Manyonga’s first two jumps in the qualifying round were massive, but officials deemed them foul, meaning Manyonga’s toe had passed the edge of the takeoff plate. His third attempt was an utter failure: a negligible 6.7 meters. Manyonga didn’t advance to the final round and ultimately finished 13th. A victory might have established Manyonga as a favorite at Rio. Instead, he would be entering sports’ biggest stage as an inconsistent underdog.

When it was all over, Cornelius took the athlete aside.

“This is the last time this happens,” he growled. “The last time.”

“Yes, coach,” Manyonga replied, looking at his feet.

“Time is running out, Luvo,” Cornelius said. “Carry on like this, and medaling at Rio is just a dream. You with me?”

“I am, yes. It won’t happen again.”

VI.

McGrath was nursing a secret. He was injured, badly, and had been for months. At first, in 2015, he thought the pain running like a hot wire down his left leg was a pulled muscle, but he soon realized that it was the recurrence of his 25-year-old rowing injury, which affected his fourth and fifth vertebrae. “It robs you of joy, an injury like that,” McGrath told me. “It was hell to sit and difficult to walk. The only thing that really helped was to lie down.” He felt alone; he’d been separated from Elke for years, and while he had clients at the gym, none gave him purpose like Manyonga had. Friends told him that he should consider moving back to Ireland.

Instead, McGrath focused on the thing that had pulled him through other dark times: training. He had a bag full of grip exercisers called Captains of Crush. He could use them to maintain the strength in his wrists and forearms without compromising his damaged back. He started with a relatively easy gripper, equipped with 140 pounds of resistance, and worked his way up to 300. He squeezed the devices for an hour each day, swapping hands and pausing occasionally to rest his aching arms. It was a solitary activity, physical meditation of sorts. As he clamped the handles of the grippers together again and again, his mind meandered into daydreams. “That’s where I conjure up the feats that I’m going to do,” McGrath told me.

Sometimes he imagined performing in front of the Association of Oldetime Barbell and Strongmen, an international group dedicated to preserving the tradition that had made the Mighty Atom famous. McGrath had appeared before the association once before, in 2011 in Coney Island, where he’d done two tricks. The first was a complicated maneuver in which he bent a steel bar into a curlicue; the second involved bending a bar by clamping the middle between his teeth and pulling the ends downward. But he wanted to do more, including bend nails. The feat held a certain cachet in strongman circles. The Mighty Atom had done it. The Atom’s most ardent disciple, Slim “the Hammerman” Furman, had too. Because of their short length and the bender’s diminished leverage, nails are more difficult than steel bars. Among the most challenging to manipulate are what are known as red nails: seven inches of steel, five-sixteenths of an inch in diameter, that have been cold rolled, or processed at lower temperatures to make them stronger than standard nails.

In early 2016, after months of minimal exercise beyond just gripping the Captains of Crush, McGrath grew impatient and decided to push himself. He picked up a steel bar one day and tried to bend it. Immediately, pain coursed through his back. He was nearly incapacitated. He took anti-inflammatories and other painkillers, but nothing helped. Around the same time Manyonga headed to Rio, McGrath finally admitted that he needed surgery. It was the only way to relieve pressure on a nerve near his spine.

The operation went smoothly, but as he recovered, McGrath’s doctors gave him some news he didn’t want to hear: He should never again bend a steel bar, let alone a nail. McGrath let their advice sink in as, lying on his back, he watched the Rio Olympics unfold on television. He was pumped so full of narcotics that he could barely muster the strength to shout when Manyonga appeared on screen, clad in his green, yellow, and white uniform, ready to jump.

Despite Manyonga’s lackluster performance at Coetzenburg, McGrath believed Manyonga could medal in Rio; so did Cornelius. But the rest of the sports world had lost sight of the promising South African during what amounted to a nearly five-year hiatus from high-profile competition. Manyonga quietly took fourth in the qualifying round and advanced. “Excited for tomorrow,” Cornelius texted him that night. “Sleep well.”

The long-jump final began at midnight in South Africa, where Manyonga’s family watched via a satellite feed their neighbors had pooled their money to purchase for the family. McGrath watched from a friend’s house where he was staying while recovering from surgery. As the competitors took the field, commentators described the fight for gold as a two-way race between Great Britain’s Greg Rutherford and America’s Jeff Henderson. When TV cameras focused on Manyonga, he did a buzzy little jig, his natural showmanship coming to the fore.

Rutherford went first and jumped 8.18 meters. Manyonga then hit 8.16. Henderson followed with 8.2. Manyonga’s next two jumps were ruled foul. Rutherford, meanwhile, moved ahead of Henderson with a jump of 8.22.

When it was time for his fourth attempt, Manyonga stood on the track, his eyes focused on the pit ahead. He leaned back, then sprinted and leaped into the air. When he landed, the number that flashed on the scoreboard was the best of the night: 8.28 meters. In his fifth jump he would surpass it, reaching 8.37 meters, a personal record in competition.

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Manyonga strutted toward the stands, his face breaking into a grin. On Machule Street, people screamed at the television and clapped their hands. McGrath, feeling a surge of pride even as he was unable to react with a physically taxing whoop or fist pump, was sure that the event was over. No one would beat Manyonga.

Henderson had one jump left, and Manyonga watched from the side of the track, where he sat on the ground, leaning back on his arms as casually as if he was at a picnic. Henderson rocketed toward the pit and soared into the air.

He hit 8.38 meters. Just like that, Manyonga was bumped from first place.

“I was so close,” he sighed to reporters afterward. “I had my hands on that gold medal.” Still, he’d won an Olympic silver medal, a feat that, just a year prior, had seemed all but impossible.

McGrath had once predicted that either Luvo would be dead from an overdose or he’d be standing on an Olympic podium by the time he was 30. At 25, Manyonga had fulfilled that prophecy. The Irishman shared the news on Twitter, posted a Facebook message, and sent Manyonga his congratulations. As the hours passed, his emotions mounted. “I stayed awake all night, and at around 5 a.m., it dawned on me what an achievement this was,” McGrath told me. He broke down crying.

VII.

Many people in South Africa had been sure that Manyonga would never live up to his potential. The long jumper had proved them wrong. McGrath wanted to do the same to the doctors who’d told him he’d never be a strongman again.

After leaving the hospital, he’d worn a back brace and used crutches. Once he ditched those, he embraced Pilates and yoga. He went to physical therapy and changed his diet, incorporating intermittent fasting like the Mighty Atom once had. Slowly, he began to exercise more rigorously. “I went by feel and trained around my injury,” he told me. “I did push-ups, pull-ups. I always took a safe position. I never picked up anything off the floor.”

Six weeks after surgery, he had the chance to do a paid strength performance for Adidas employees gathered at a Stellenbosch hotel. He couldn’t bend a bar by traditional means, so he bent one while holding it clamped between his teeth. He leaned his head back, raising his jaw toward the sky, while yanking down on either end of the three-foot length of steel. “Something must give in a situation like that—generally it’s the bar,” McGrath told me with a chuckle. “Your teeth crushing down into your gums feels wrong. It’s counterintuitive. The taste of steel isn’t particularly pleasant.” The performance went off without a hitch and with minimal pain.

In addition to a much needed paycheck, the event gave McGrath confidence. The Association of Oldetime Barbell and Strongmen was having its annual dinner in Newark, New Jersey, in October 2017. If McGrath trained hard in the year leading up to the event, he might be able to set a world record for the most red nails bent in under a minute. “Those nails are strengthened by a process that gives them approximately 500 pounds of resistance,” McGrath told me. “You’re not going to do more than seven or eight in a minute.” That became his goal.

Reaching it required a change of technique. He couldn’t bow his back to the same degree he once had, which meant he couldn’t manipulate a nail while holding it down in front of his torso. Instead, he’d have to bring it up close to his chin and bend it in half with a relatively straight back, providing the necessary explosive power with his shoulders, biceps, and forearms. All of his training was geared toward strengthening his upper body.

One day while McGrath was training, Pastor Eugene Maqwelana, the man who’d first introduced the Irishman to Manyonga, phoned. He was planning a men’s retreat in Paarl and inviting community leaders. The coaches of a rugby team would be there, and Maqwelana wanted Manyonga to come, too. Could McGrath persuade him to fly down from Pretoria?

McGrath called Manyonga, who agreed to come, though their conversation took a strange turn.

“I’m next-level now, John,” Manyonga said. “I need a bodyguard.”

“You what?” McGrath replied incredulously.

“A bodyguard, you know.”

McGrath thought Manyonga might be joking, playing up an above-it-all celebrity persona for laughs. But Manyonga’s tone suggested he was serious.

“You’re a fucking athlete,” McGrath replied, annoyed, “not Jay-Z.”

The strongman picked the long jumper up after his flight down south for the retreat. Following the event, they went to Bean-in-Love, a favorite coffee shop from their time training together at the gym. Back then they were just two friends stopping in for a snack; now everyone in the neighborhood knew Manyonga. “Walking back in there was kind of cool,” McGrath said. “There was a sense of achievement.”

But tension was palpable in what wasn’t said. The two men ignored the bodyguard conversation and its implications—namely, that the gulf between them was wider than ever.


Away from the streets of Mbekweni, Manyonga still struggled to cope with temptation. As he trained for the 2017 World Athletics Championships, scheduled for London in August, he was lured into the drug scene in Sunnyside, a Pretoria suburb. He went on a bender in July and voluntarily committed himself to rehab. “He was so weak he couldn’t jump,” said Danie Cornelius, who runs the track and field program at the University of Pretoria (and is also the father of Manyonga’s coach, Neil). While there, Cornelius said, Manyonga tested positive for cocaine. The staff kicked him out, but he was readmitted after authorities at the University of Pretoria pleaded for the center to take him back.

With three weeks to go before the worlds, Manyonga’s entourage was wild with worry. From afar, McGrath was aware of the troubles, but he was reluctant to interfere. When Manyonga arrived in London, his closest supporters held their breath, hoping his raw talent would overcome his recklessness. The young man exceeded even the most optimistic expectations: Sporting a pair of pale blue spikes, Manyonga jumped a whopping 8.48 meters early in the final round, literally drawing a line in the sand. No one else could match the effort. He was champion of the world.

After his victory, he called his family. “We cried a lot,” Vuyiseka said. “Mum was very happy.”

By that time, Manyonga had begun working with a new sports agent, a man named Lee-Roy Newton, who made it clear to reporters that he was going to rewrite Manyonga’s public narrative. He told The Guardian that sponsors didn’t want to go near stories with lingering negativity—stories like a sports figure who had struggled with a drug problem. (Newton did not respond to a request for comment about Manyonga’s 2017 experience in rehab.)

For McGrath’s part, he felt that Newton drove an even deeper wedge between him and Manyonga, a sense borne out when, while working on this story, I called Newton to set up an interview with Manyonga about his relationship with John. I wondered, however naively, if I might be able to help bridge the gap between the long jumper and the strongman. Newton told me that Manyonga didn’t want to talk; Manyonga thought McGrath was trying to take credit for his success and didn’t want to have anything to do with a story linking their journeys together.

It was a response that, to a certain degree, I understood. In South Africa, people who come from little are rightly protective of their success; others taking credit can feel like robbery of the worst kind. And people who offer a helping hand too often forget or gloss over the conditions that made assistance necessary in the first place. If Manyonga, blessed with innate physical brilliance, wanted to move through the world like a kid with diamonds on the soles of his shoes, that was his right.

Then again, McGrath seemed less interested in credit than he did in connection. Even as Manyonga continued to win meet after meet and title after title around the globe, McGrath kept visiting the young man’s family. He helped Vuyiseka pay for outstanding school fees and sometimes pitched in for groceries or the odd bottle of wine. “We lost Mario,” Vuyiseka told me, “and then came John.”

At root the story of McGrath and Manyonga isn’t one of debts owed. It’s about two people from diverging worlds pushing the limits of what’s personally and humanly possible, who for a brief but glorious time labored side by side in that effort. They were changed by it. Then, as quickly as they’d met, they burst apart, burning bright in different directions, but with a single contrail in their wake.


On October 21, 2017, after months of preparation and planning, McGrath took to a small, wobbly stage in a conference room at the Marriott Hotel in Newark, New Jersey. It was a Saturday afternoon, and golden leaves were falling from the trees outside. The audience was small, no more than 50 or 60 people, devotees of the sport that strongmen like to call the Iron Game.

The room was better suited to a dentists’ convention or a gathering of financial brokers. The carpet muffled sound, the wallpaper was tasteful, and the light fittings were demure. Even the doors seemed to close with a plush murmur. It was not a place for the savage grunts of bar-bending men, yet there they were, grunting away.

Throughout the afternoon, men in leather waistcoats and boots stepped forward to bend steel. Others forced rods into improbable shapes, full of curlicues and rococo flourishes, called iron butterflies. One man, Eric Moss, lay on his back between two chairs, a concrete paving slab balanced on his stomach. His partner climbed the rungs of a nearby ladder, a kettlebell in hand. Once he was sure of his balance, the partner dropped the weight onto the paving stone, which cracked with a thud. A plume of dust rose from the slab. Moss jumped up and blinked, to thunderous applause.

Next it was McGrath’s turn to bend red nails. He and a friend had been wrapping the tips of nails in blue Cordura for hours. Combined with chalk, the cladding helped his grip. Once McGrath was on stage, a 60-second stopwatch started and he was handed the first nail. He pulled it close to his chin and dealt with it easily. He was given a second nail, then a third. His technique was uniform: Stepping forward slightly, he’d seize the nail, and once it was solidly in his grip, he’d push and grimace with all his upper body’s might until the nail’s two ends nearly touched. Then he’d toss the narrow U-shaped piece of steel to the floor.

As he moved through nails four, five, and six, his pace slowed imperceptibly. By nail seven he was struggling, and there were only 20 seconds left on the clock. The audience took a collective breath as he made no initial impression on nail eight. Finally, with much effort, he managed to bend it. By the time the ninth nail was in his hands he was spent, his arms like jelly. McGrath had bent the last nail only partially. “Your power system is gone,” he told me later. “I thought I might have had time for another one, but I didn’t.”

After review, the result was seven nails fully bent; two didn’t make the cut because they weren’t the right shape. Still, it was one more nail than the previous world record. In the small universe of strongmen, McGrath was a victor.

It wasn’t quite the Olympics; there were no television cameras in the room, and I was the only reporter present. As McGrath gulped air and accepted compliments and backslaps from the audience, I couldn’t help but think of Manyonga. I wondered if McGrath was thinking about him, too. Did he want to tell his friend about what he’d achieved—how he, too, was a world champion after overcoming so much? Did it hurt to know that Manyonga might never learn about the scene at the Marriott?

I asked McGrath what went through his mind when he knew he’d set the world record. He didn’t answer immediately. In the radiating satisfaction of his achievement, he paused in thought. Finally, he said that he wouldn’t change anything about his journey at all.

The Trigger Effect

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The Trigger Effect

In September 2017, a police officer shot and killed a queer college student in Atlanta. By the end of the year, several of the student’s friends had been arrested, and two were dead. What happened at Georgia Tech? 

By Hallie Lieberman

The Atavist Magazine, No. 82


Hallie Lieberman is a historian and journalist who writes about sex and gender. She is the author of Buzz: A Stimulating History of the Sex Toy, published in 2017 by Pegasus Books. Her writing has appeared in The Forward and The New York Review of Books, among other publications.

Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Matt Giles
Photographer: Annalise Kaylor

Published in August 2018. Design updated in 2021.

The 911 caller’s voice was calm, almost cheerful.

“Hey, I’m up at West Village,” the person said, referring to a cluster of buildings at the Georgia Institute of Technology, better known as Georgia Tech. “It looks like there’s somebody, like, skulking around outside. It looks like he’s got—he’s got a knife in his hand. I think he might have a gun on his hip.”

It was 11:17 p.m. on September 16, 2017, a humid Saturday night. The university had resumed classes for the fall semester less than a month prior. A report of a potential gunman on Georgia Tech’s campus, situated in the heart of Atlanta, triggered emergency texts and tweets urging students to find shelter. Campus police were dispatched to West Village, located less than a third of a mile from their headquarters, to assess the situation. Was there really an armed man? If so, did he intend to harm himself or someone else? In the era of school shootings, tragedy that feels at once familiar and devastating is always just a trigger pull away.

“It looks like he might be drunk or something,” the 911 caller said, trying to provide a clear picture of the suspicious man. “He’s got long blond hair, white T-shirt, jeans.”

The dispatcher repeated the description and noted it in his records. Then he asked for the caller’s name, in case the police needed it.

“Uh, sure,” the caller said. “Scott Schultz.”

At that moment, Cat Monden was dashing around West Village, searching for her best friend, Scout. A bespectacled computer-engineering major, Scout had shown up at Monden’s door earlier that night, a green and white shoebox in hand. “Consider it a belated birthday present,” Monden heard Scout say, before her friend shoved the box into her hands and walked away without another word.

After closing the door, Monden went back to the couch, where she and another friend had settled in for the night to watch television. Monden thought it odd that Scout would come and go so abruptly. Even odder was what was inside the shoebox—all of Scout’s Magic: The Gathering cards, bearing images of fantastical wizards, beasts, and weaponry. Any obsessive player of the game, which both Monden and Scout were, knows that the cards are expensive and can take years to collect. Giving them away is tantamount to announcing that you’ll never play again.

There was something else in the box—a note to Monden. It thanked her for being the best friend Scout had ever had.

Cassandra
Cassandra “Cat” Monden

Monden and Scout had found each other in Georgia Tech’s tightly knit community of LGBTQ students. Monden was a petite black transgender woman, and Scout was white, bisexual, intersex, and nonbinary—that is, gendered neither male nor female and using the pronouns they and them. Monden and Scout were involved in Georgia Tech’s Pride Alliance. By 2017, Scout was in their second year as president of the student advocacy group. Like many LGBTQ youth, Scout, who was 21, struggled with mental-health issues, including thoughts of suicide. Though they boasted a 3.9 GPA and the admiration of fellow students committed to progressive activism, Scout had tried to kill themself at least once before.

The note in the shoebox wasn’t explicit, but Monden recognized it as a cry for help. She sprang off the couch and ran out into the hallway, leaving her keys in the apartment as she went.

After descending the building’s main stairway, her first stop was Scout’s apartment, located on the first floor. Monden banged furiously on the door until she was greeted by a bewildered roommate. Together they went into Scout’s room; it was empty. Another roommate walked into the common area and asked what was going on. “We can’t find Scout,” Monden said.

The trio hurried out of the apartment, planning to search West Village and beyond, if necessary. They spotted blue lights bouncing off nearby walls—the beams of police cruisers’ emergency lights. A fellow student warned them away from Eighth Street, which ran in front of the housing complex. The cops were trying to deal with a guy who was walking in the road, carrying a knife.


Several officers from the Georgia Tech Police Department (GTPD) had shown up in response to the 911 call. They spotted the man described to dispatch walking shoeless in front of a parking deck adjacent to a Wing Zone franchise, popular among students craving late-night calories. The man moved slowly, as if dragging his bare feet across the pavement required real effort. His shoulders were hunched and his arms hung limply at his sides. In his right hand, he clutched a small multitool that included a screwdriver and a short blade.

“C’mon, man, drop the knife,” one of the officers shouted. The cops all had their weapons trained on the suspect.

“Shoot me,” the man replied, continuing his measured advance.

“Nobody wants to hurt you, man,” a cop said. “Drop the knife.”

The man seemed unsure what to do. For a few seconds, he sped up his pace. Then he froze before again moving slowly toward the officers. Some of them backed up, giving him room. They kept their guns raised.

By then, Monden was just down the street, watching from the sidewalk in horror. She knew the person the police were trying to subdue. It wasn’t a man—it was Scout.

“Speak,” an officer shouted. Scout was silent. The cops asked for a name. Nothing. The officers ordered Scout not to move. Scout didn’t listen.

Instead, Scout kept walking, getting within 20 feet of one of the cops, a 23-year-old named Tyler Beck. Students peered out of dorm windows, and Monden looked on helplessly. With his colleagues arrayed around him, Beck pulled the trigger of his gun. There was a flash of light, and then a bullet tore into Scout’s body. They fell face forward onto Eighth Street. A video of the moment, captured by an onlooker’s cell phone, shows Scout’s prone body through a veil of leaves hanging from one of the young trees lining the road.

Monden released a mournful, guttural scream. Scout’s roommates grabbed her arms to stop her from running toward her friend, afraid that she, too, would be shot. Monden broke free and bolted at the cops. One of them restrained her. “We should put cuffs on this girl,” she heard another officer say.

Perhaps because Scout’s roommates pleaded with them, insisting that she wasn’t a danger, the police decided not to detain Monden. An ambulance arrived to transport Scout to the hospital. Monden went back to her apartment to get a phone charger, then ran from car to car on Eighth Street, banging on windows and begging through tears for someone to drive her to the ER. Finally, she gave up and sprinted away, heading toward the hospital.

Soon after, a text alert went out to the Georgia Tech community: “There is no longer a threat to campus.”


Monden arrived at the hospital desperate for word of Scout’s condition. Other friends joined her in the ER waiting room, where they huddled together in disbelief. At one point, a stranger with dried blood caked on her shirt approached them. “What happened?” she asked, concern in her voice. “You kids look like somebody died.”

Monden and her friends weren’t sure if someone had, and the doctors wouldn’t tell them. Law enforcement and university administrators milled around the waiting room, but whatever they knew they kept to themselves. Scout’s parents were en route from Lilburn, Georgia, a 30-minute drive from Atlanta. As Scout’s next of kin, they would be updated first.

One by one, Scout’s friends went home to get some sleep, including Monden. By the time she woke up, before dawn, the news was spreading: Scout was dead.

A press release issued at 6:45 a.m. by Georgia Tech’s dean of students described a “sudden and tragic death.” It didn’t mention what had transpired on Eighth Street; it didn’t specify that Scout had been shot by campus police. “We have communicated directly and offered our support and deepest sympathies to Scout’s family,” the release concluded. “At times like these, we are reminded of the importance of coming together in support, understanding, and care for one another.” Two statements issued later the same day, including one from Georgia Tech’s president, G.P. “Bud” Peterson, also omitted salient details. One described Scout’s death as “the result of an incident.” (University officials declined to comment for this story.)

For anyone who knew Scout, the pieces of the puzzle quickly fell into place. Scout had left several notes, including the one in the shoebox. Videos from the confrontation at West Village showed Scout begging the police to shoot. Then there was the 911 call from a seemingly cool and collected bystander. Scout’s last name was Schultz, and Scott was their birth name, the one they’d used before coming out. Scout had placed the emergency call.

Within 48 hours of the shooting, Georgia Tech was engulfed in crisis. Ideological fissures about police brutality, free speech, and gender identity snaked through campus, similar to divisions appearing in communities throughout the United States. In 2017, at least 28 transgender or nonbinary people in the U.S. died in violent incidents; Scout was the third in September alone. Scout’s parents retained a lawyer. “Let’s face it,” their stepfather, Bill Schultz, told me. “I watched Black Lives Matter. This time it was my kid.” Many people at the university, however, felt differently. Scout “was acting as a danger to everyone in the proximity,” a commenter on the Reddit thread r/gatech wrote. “What is this person a victim of? Their own actions? Play stupid games. Win stupid prizes.”

Was Beck to blame for shooting a vulnerable student or commendable for making a tough call about a threat? How exactly should grieving students be allowed to respond to fatal violence? I set out to write this story not so much to answer these questions as to trace their impact, as well as the lingering trauma of Scout’s death. After a flurry of national coverage, the shooting faded from headlines. Yet at Georgia Tech, where I’m an instructor in gender studies and journalism, the event was only beginning to take its toll. LGBTQ students felt it most acutely, and each frustration, indignity, and misunderstanding they experienced added to the burden. For some of these young people, the weight became too intolerable to bear.

What follows is a story of aftermath—of a community forced to navigate the emotional wreckage wrought by a wave of shock, anger, and confusion. Within a few weeks of Scout’s death, several of their friends were arrested. Within three months, two were dead. Now, almost a year after the shooting, the official narrative of the event is still being written. But by whom?

The Victim

Scout was born in 1995, in Rockville, Maryland, and raised by their mother, Lynne, for the first 18 months of their life. Scout was still a towheaded toddler when Lynne started corresponding online with a defense contractor and Vietnam veteran named Bill Schultz who lived in Southern California. Meeting a romantic interest on the internet was unusual in the late 1990s, but Bill was more comfortable with the virtual world than most people. He’d worked on the development of Darpanet, the precursor to the internet, and gotten his first email address in 1972. Bill and Lynne moved to Iowa together, where they married and had a second child. Scout took Bill’s last name.

Scout was precocious: funny, creative, and a math whiz. Friends of the Schultzes sometimes described Scout as “scary smart.” They were also a perfectionist, always in pursuit of straight A’s, perhaps as a way to maintain a sense of identity and stability as they bounced from school to school. New jobs and subsequent firings or layoffs took the Schultzes to Missouri then on to Kansas. At one point the family had so little money that they lived in a tent in a city park for two weeks. “I was actually relieved, in a way, when Scout got a B,” Lynne said, “so they could see that it’s not the end of the world.”

Scout faced an unusual array of health challenges, including ulcerative colitis and migraines. They also had an anatomical condition called hypospadias, in which the urethral opening is in an atypical position, usually on the underside of the penis. Doctors assured Scout’s mother that hypospadias was merely a urinary issue, but it can also be an indicator that a child is intersex.

As they matured, Scout became an unabashed nerd. They collected Pokemon and Yu-Gi-Oh cards and played Minecraft, Dungeons and Dragons, and Magic: The Gathering with friends. They also became obsessed with Latin. In high school, which they attended in Georgia after yet another family move, Scout became fluent in the classical language, using it in text messages and teaching their dog to sit on Latin command. Scout also began to experiment with gender presentation, donning flowing gowns and lipstick in school plays.

Scout got a scholarship to Georgia Tech and was so excited to attend that they started early, in the summer of 2014. In many ways, the school was a perfect fit. It has always taken pride in nurturing geeks, from gamers to mathletes. It lacks the party-school atmosphere of other state schools, including the University of Georgia, and only a quarter of its students are involved in Greek life. Students focus on academics almost to a fault. According to a recent university report, “Data from the 2011 National College Health Assessment revealed that 89.9 percent of Georgia Tech students reported they were ‘very stressed’ while the national rate was 52.9 percent.”  

Georgia Tech has always taken pride in nurturing geeks, from gamers to mathletes.

Scout thrived academically, and they joined the Pride Alliance, a diverse group that for many members served as a kind of campus family. All students were welcome, no matter their race, gender identity, or sexual orientation, so long as they were committed to inclusion. Georgia Tech’s LGBTQ den mother was a black transgender woman named Kirby Jackson, who sported a short afro and rectangular glasses. She was protective, witty, kind, and candid. “Kirby was really the first person who reached out to me and said, ‘I want to make you feel safe here on campus,’” said Naiki Kaffezakis, a student who is transgender. Jackson founded a transgender support group called T+, which had lean beginnings. “She would sit in a room for a couple hours at a time on a weekly basis,” Kaffezakis said of Jackson, “just in case other people showed up and just in case other people needed support.”  

Through the Pride Alliance, Scout came under Jackson’s wing and met fellow LGBTQ students like Kaffezakis, a double major in nuclear engineering and physics. On National Coming Out Day, October 11, of their sophomore year, Scout announced their identity and orientation for the first time. They shaved a beard they’d worn for a while and wore brightly patterned clothing, glad to draw attention to themself.

Scout seemed so happy in their skin that their mom, Lynne, was stunned to get a call from Georgia Tech’s counseling center one day. “Your son tried to hang himself from his bunk bed with a belt,” Lynne recalled the person on the line saying. The belt had snapped; Scout wasn’t injured. Still, their loved ones had missed the signs that they were hurting.

befunkycoll-1535582176-29.jpg
Scout Schultz over the years. (Courtesy: Bill Schultz)

According to a 2014 survey, 45 percent of trans and nonbinary people 18 to 24 have attempted suicide. By the time Scout tried to take their own life, Georgia Tech had identified that it had a suicide problem—and not just among LGBTQ students. According to a survey of students who use the university’s counseling center, the number “who have ever attempted suicide … has steadily increased from 5.9 percent (2014) to 7.1 percent (2015) to 8.5 percent (2016) to 9.5 percent (2017).”

Scout started seeing an on-site counselor, but their family quickly realized that the resources on campus were inadequate. There was just one counselor for roughly every 1,500 students and a cap on the number of sessions (16) that a student could access over their college career. Scout started taking medication and seeing caregivers off campus, covered by their parents’ insurance. “It seemed like Scout got better after a few months,” Lynne recalled.

Scout continued to earn good grades, was elected president of the Pride Alliance, and demonstrated an interest in social justice that extended beyond LGBTQ issues. They got involved with Black Lives Matter and joined a chapter of the Democratic Socialists of America. They toyed with anarchist ideas. In the winter of 2017, not long after President Donald Trump’s inauguration, Scout cofounded the Progressive Students Alliance (PSA). The group’s first action was marching against the introduction of House Bill 51, intended to prevent universities from preemptively investigating sexual-assault allegations on campus in Title IX hearings. Under the proposed law, suspected felonies, including assaults, would be referred to the local police. Believing that the bill would silence survivors by making them afraid to come forward, PSA students marched from Georgia Tech to the state capitol on March 3, 2017. A few weeks later, the senate tabled the bill.

For every one of Scout’s milestones there was a stressor. The Pride Alliance lost its dedicated space when the school repurposed it and other student groups’ offices for the Greek system to use. The development wasn’t unprecedented: Many of Georgia Tech’s campus groups don’t have offices, including some religious organizations. Still, the loss weighed on the group’s president. Scout “felt the Pride Alliance was more and more disrespected,” Bill Schultz said. “I think Scout took some of the blame for that on themself.” Scout moved the Pride Alliance’s materials into their dorm room. What wouldn’t fit they stowed in their parents’ garage.

Scout also grappled with the euphoria and pain of first love. At a party one night during their junior year, Scout met a slender student from Georgia State University, also located in Atlanta. Dallas Punja was the child of Pakistani immigrants and gender-queer. She was a devoted fan of the web comic Homestuck, about a computer game that accidentally destroys the earth, and the animated show Steven Universe. Scout also loved Steven Universe. The pair spent the party cuddling by a bonfire while Monden danced nearby. Before long, Scout and Punja were dating. Scout even brought Punja home to Lilburn, where Punja greeted Scout’s mom with fake yellow flowers because, she said, they would never die.

Punja wasn’t out to her family and struggled with depression and borderline personality disorder. She’d tried to kill herself twice by taking pills, and she’d once gone to a bridge intending to jump off, changing her mind only at the last moment. Scout tried to quell Punja’s self-loathing.

“feels like i’m repulsive,” Punja messaged Scout once.

“you are Not,” Scout responded. “you are beautiful and I love you sooo much.”

In another message, Scout said, “i’m very tense and anxious. together we can be the splendid combination, like peanut butter and jelly: depression and anxiety.”  

Like many young people’s relationships, the flame Scout and Punja shared burned bright and fast. During the summer before Scout’s senior year, they broke up. According to Kaffezakis, however, “Scout was still very much in love with Dallas.”

“i’m very tense and anxious. together we can be the splendid combination, like peanut butter and jelly: depression and anxiety.”

By the fall semester, the Pride Alliance had been working for almost a year with Tech Ends Suicide Together, a campaign to educate students about warning signs and encourage referrals to the counseling center. In a photo posted on Facebook in support of the initiative, a handful of Pride Alliance members cup their right hands into an O shape, signifying the goal of zero suicides on campus. Scout stands in the back of the group wearing a tie-dyed shirt, shoulder-length hair parted to one side, and a slight, inscrutable smile above a dimpled chin. Close by sits Cat Monden in a Pepsi T-shirt and black cap.

Unlike Scout’s parents, Monden’s father, with whom she’d lived during high school, hadn’t been wholly supportive when she’d told him she was transgender. He’d encouraged her to “try girls first” and refused to let her take hormones. College hadn’t made life easier, exactly; Monden still felt like an outsider. But the Pride Alliance was a home base and safe space, and Scout was her closest confidante. Whether playing fantasy games, decorating a float for Atlanta’s Pride parade, or talking about their dreams for the future, the two were inseparable.

As part of Tech Ends Suicide Together, Monden would have learned that people who want to kill themselves often start giving important possessions away. Nothing, though, could prepare her for receiving Scout’s Magic: The Gathering cards, then watching her best friend die in the street. Her thoughts turned to suicide, too, and she wasn’t alone. “It was almost like a weird game of chicken about who would go through with it first,” Monden said of her friends. “We were all feeling this way but trying to persevere.”

Georgia Tech set up emergency counseling sessions for students, but Monden said she was never contacted individually. “Nobody from Georgia Tech reached out,” said Bailey Becker, the friend Monden was hanging out with the night of the shooting. “That has been an ongoing theme.”

As media coverage of Scout’s death exploded, the Schultzes were troubled by a refrain they heard over and over. The Georgia Bureau of Investigation (GBI) had been tasked with investigating the shooting, and in a much quoted statement released on Sunday, September 17, the day after the incident, it described Scout as “armed with a knife.” The phrase echoed through local news broadcasts, and in a headline The Chicago Tribune described Scout as a “knife-wielding” student. The Schultzes knew Scout wasn’t violent—not the type of person to carry a knife, much less threaten anyone with it. The evidence was in their favor: The only weapon recovered from the scene was Scout’s multitool, and its blade wasn’t extended.  

By Monday afternoon, less than 48 hours after the shooting, Scout’s parents decided to defend their child publicly. Along with their lawyer, L. Chris Stewart, who’d helped represent the family of Walter Scott, the black man shot eight times in the back by a police officer in North Charleston, South Carolina, in 2015, the Schultzes held a press conference. They were in the midst of a divorce but put up a united front. Bill, a tall, heavyset man with stooped shoulders and long brown hair gathered into a ponytail, wore a gray suit, orange button-down shirt, and wire-rim glasses. Lynne, her eyes moist, wore her strawberry-blond hair draped over her shoulders and the straps of her floral sundress. She looked a lot like Scout.

Stewart dramatically unsheathed a large knife and held it up for the press to see. This, he explained, was not what had been in Scout’s possession. Stewart then displayed a multitool like the one Scout had been holding. Next he unveiled a blown-up photograph of the actual tool, taken by a member of the media who’d seen it lying on the pavement where Scout fell.

Then the Schultzes spoke. Bill described “all the people on campus who loved and respected and adored Scout.” His voice seething with dismay, he asked why the police hadn’t tried harder to deescalate the situation. “Whatever happened, it shouldn’t have ended in a death,” Bill said. When Lynne got to the microphone, she seemed to weigh each word in her mouth, as if afraid of letting one slip out too quickly. “Scout had a very promising future, or would have,” she said. “He—I mean Scout,” Lynne continued, correcting her pronoun usage, “stood up for what they believed in. This is a really big loss for a lot of people.”

She stopped speaking and cast her eyes downward, searching. After a pause she whispered, “I don’t know what else to say.”

The Vigil

People grieved, together and alone. One of Scout’s roommates couldn’t bear to stay in her campus apartment, where everything from the posters on the wall to an alarm clock on a table reminded her of Scout. She slept on a friend’s couch instead. On social media, Dallas Punja, Scout’s ex-partner, wrote, “no one gives a fuck about trans people but trans people,” and “s//cout didn’t approve of me drinking this much but ¯\_(ツ)_/¯ they’re dead! so!! who cares what they thought!!! they sure don’t think it anymore!!!!” Punja added, “#i can’t wait till I fucking pass out and stop having s/c/out thoughts.” A makeshift memorial appeared next to a tree on Eighth Street—pictures of Scout, a teddy bear wearing a Georgia Tech T-shirt, bouquets of flowers, cards with messages scrawled inside. “You’re a world changer,” one read. “Rest in Power.”

The PSA organized a campus vigil for Monday night, a few hours after the Schultzes’ press conference. The event was held at the Kessler Campanile, an outdoor amphitheater with a fountain featuring an 80-foot obelisk made of stacked steel discs. The event was supposed to be peaceful and respectful, but Matt Wolfsen, who cofounded the PSA with Scout, was nervous. He knew that Scout had friends in Atlanta’s anarchist and anti-fascist (antifa) circles, whose approach to resistance can be aggressive and who have lately become a nemesis of the political right. Wolfsen contacted some of them to request that, if they came to the vigil, they avoid violence. The people he spoke to assured him that they wouldn’t “be rowdy and rude to the people grieving,” Wolfsen later said, “but afterward, they could do whatever they wanted to do.” The police were worried, too. Public records obtained for this story show that the GTPD decided to send plainclothes officers to monitor the vigil and asked the Atlanta Police Department to have quick-reaction teams on standby.  

Who might be at the memorial wasn’t the only thing that was worrisome—so was what people knew about what had happened to Scout and how they were interpreting it. By Monday evening, several crucial pieces of information had become public. First was the fact that Scout hadn’t been wielding an exposed blade. Second, campus police carried guns and pepper spray but not Tasers, which the Schultzes’ lawyer described as “insane.” (Only 40 percent of campus police forces nationwide carry Tasers.) Third, Tyler Beck, the officer who’d killed Scout, hadn’t received training to navigate situations involving people in psychiatric crisis. Beck, who’d been on the force for 16 months and had gone on paid leave pending an investigation of the shooting, hadn’t completed the crisis-intervention training because it wasn’t mandatory.

People who believed Scout’s death was unjustified were infuriated and galvanized by what they saw as a perfect storm of institutional failures: Members of the GTPD were insufficiently trained and had used excessive force against a queer student suffering because of the campus’s deficient mental-health resources. Others in the Georgia Tech community felt like that reaction manipulated the facts to fit an agenda that demonized police and canonized minorities. “I fail to see a problem. They stopped a deranged lunatic from hurting people. That’s good work,” a commenter on r/gatech wrote. The bluntest view of all was that Scout was to blame for their own death, because what had happened was suicide by cop. “He approached police with a knife saying ‘shoot me,’” an r/gatech user wrote. “What part was undeserved?”

Frustration and accusations coursed through social media in the hours leading up to the vigil and spilled into the Kessler Campanile, where friends hung photos of Scout and distributed candles from plastic tubs. “Why did all of this happen? Why did Scout go down this route?” a student told the Associated Press as dusk settled over campus. “I’m angry,” another said, her voice tinged with disbelief. “I’m angry that the cops don’t have nonlethal ways to deal with things.” A third student said that watching the cell-phone video of Scout’s shooting, which had already been posted online, “induced a lot of panic in me.”  

“He approached police with a knife saying ‘shoot me.’ What part was undeserved?”

About 500 people attended, including Scout’s friends and the Schultzes. Aby Parsons, the director of Georgia Tech’s LGBTQ resource center, was one of the speakers. “Scout was frustrated with how apathetic the Georgia Tech community could be when it came to issues of social justice,” Parsons told the crowd. “They felt that I, as administrator, was trying to use the master’s tools to dismantle the master’s house, when they wanted to smash that house into pieces and build a new one.”

Her words seemed prophetically timed. As Parsons spoke, along the periphery of the vigil a group of protesters, many wearing bandanas over their faces and some armed with hammers and cans of paint and pepper spray, unfurled banners emblazoned with the anarchy symbol and slogans like “Defend LGBT+, End GTPD” and “End Police Violence → End Police.” Fliers circulated announcing, “There will be a march for those who wish to grieve and express their outrage in a collective capacity.” Officers on-site alerted their chief, who contacted the Atlanta police to tell them, according to a affidavit, that “there could be a destructive march occurring.”

Toward the end of the vigil, students lit their candles, turning the amphitheater into a twinkling semicircle. The melody of the Jackson 5’s “I’ll Be There” wafted through the air. Then there was silence, broken when a transgender student began shouting about the lack of mental-health care on campus. Other people joined her.

“Every single year I’ve known someone who has committed suicide,” one person said, according to the student newspaper.

“Why don’t GTPD carry Tasers?” another yelled.

“Why are they here at all?” someone answered.

Before long the yelling morphed into chants of “No justice, no peace, fuck the police” and “Cops, pigs, murderers.” That was when the Schultzes left. “We just weren’t in the mood to hear that stuff,” Lynne said. But many of Scout’s friends joined the chanting and, subsequently, the march. The PSA and Pride Alliance would later say that the demonstration was supposed to proceed to Scout’s memorial on Eighth Street. Instead, the crowd made its way from the campanile toward GTPD headquarters. Along the way they encountered police, but the protesters kept chanting, and some lit flares or beat on drums.

In a burst of adrenaline, Monden launched herself onto the hood of a police cruiser. She stood above the crowd in skinny jeans and a plaid shirt, listening to people scream in anger about Scout’s death. Her friends would later say that Monden caused no damage to the car—“it didn’t even have a scratch,” Kaffezakis told me—but the police claimed she jumped up and down on the hood and appeared to try to break the windshield by kicking it.

Two officers pulled Monden from the car down to the street. She wrestled free and took off running, moving so fast that she lost control of her limbs and fell flailing toward the pavement. The cops grabbed her, and Monden’s friends, including Punja, whose hair was dyed fluorescent pink, ran to her side. The police told people to stay back, and Punja retreated to the sidewalk. One of the cops put cuffs on Monden, who was belly down on the street, arms bent behind her back and a grimace on her face. Blood seeped from the officer’s scalp, through his short blond hair, and down his cheek. A protestor, another cop later stated in an affidavit, had hit the arresting officer in the head with a hammer.

“You murdered one of us!” shouted Kirby Jackson, the transgender activist. Jackson had transferred to GSU that fall for personal reasons but was in close touch with the Georgia Tech LGBTQ community that she’d helped nurture.

The cops led Monden to a cruiser. “Fuck you—you killed my best friend!” Monden screamed as she was placed in the back seat.

The police shut the door and drove her away. Nearby, another cop car was burning. Protesters had torched it, sending flames and smoke shooting into the night sky.


Monden was booked into the Fulton County Jail under her birth name, and charged with a felony for interfering with government property and a misdemeanor for inciting a riot. Later, after police reviewed video from the protest, Monden would be hit with additional misdemeanor charges.

“Yo, she has a cut on her side, she needs to go to the hospital,” Monden recalled the booking officer shouting to colleagues. Monden was bleeding from an injury to her torso, which she’d sustained when she tripped and fell at the protest. She took another ride in a cruiser to the same hospital where Scout had been declared dead. Police handcuffed her to a chair and a physician patched up the wound.

Once she was back at the jail, according to Monden, the intake officer took away her bra. “You’re a boy,” she remembered the cop saying. She was placed in handcuffs, then put in a holding area, where two male GBI agents arrived. It was the first time she’d spoken face-to-face with law enforcement about Scout’s death. After expressing what Monden described as “token sympathy” about Scout, the agents asked questions about her friend’s political affiliations. Monden felt like they were implying that Scout had been “some sort of terrorist.”

After the GBI agents left, Monden was ushered into another room, where she stood in front of a dull gray backdrop and stared straight ahead as a photographer snapped her mugshot. From there she went to a holding cell—alone at first, because the cops didn’t know whether to put her with male or female detainees. Eventually, a man joined her. He was one of two other people arrested at the protest.

Monden would spend two nights in jail, including a stint in a mental-health unit where, after being evaluated, she did her best to sleep as people screamed and banged on their cell windows and doors. When she finally appeared in court, looking weary in her navy blue jail garb, her bail was set at $20,000.


Headlines the morning after the protest described a peaceful vigil turned violent and a campus told to “shelter in place” for the second time in three days. Matt Wolfsen of the PSA posted a picture of the burned-out cop car on Facebook, writing underneath it, “Unacceptable. This isn’t the time to destroy. We must improve as a community out of love.” Many students liked the post, but Kirby Jackson commented, “Fuck you, Wolfsen.”

At a Waffle House near campus, some of Scout’s and Monden’s friends gathered around 1 a.m. to talk over greasy diner food. Wolfsen went, too, and tried to find common ground with the LGBTQ students. Where was the line between righteous anger and pointless violence? Who was allowed to draw it? Wolfsen was struck by the presence of Punja, whom he hadn’t met before that night. She seemed depleted, a shell of a person.

“Look what they’re doing to the trans community,” Wolfsen remembered Punja saying at one point. “Do I really want to live through this?”

“I’m not trans, so I don’t know what it’s like,” Wolfsen replied. “But this is rock bottom. It doesn’t get worse than the police just murdering someone in the street. Hold on—it will eventually get better.”

That night, Punja slept with a friend on either side of her. She didn’t want to be alone. For the next several days, she updated a Tumblr post titled “Since Scout I’ve Stayed At,” which contained a running list of bullet-pointed names.

At 11:30 a.m. Tuesday morning, Georgia Tech’s president, Bud Peterson, released his second statement since the shooting. Once again he didn’t mention the cause of Scout’s death, and he called for unity. Peterson blamed the scene at the police headquarters mostly on “outside agitators intent on disrupting” the vigil. “They certainly did not honor Scout’s memory nor represent our values,” Peterson insisted.

If he knew it, the president didn’t say that one of the people arrested was a Georgia Tech student, a friend of Scout’s and a witness to the shooting. (A statement issued later that afternoon identified Monden as a student.) Nor did he acknowledge that Scout, like many students, had social networks extending to other area colleges and groups. He invoked a phrase that, in the American South, is loaded with fraught meaning. Outside agitator harks back to the Civil Rights Movement, when critics used it to discredit Martin Luther King Jr.’s legitimacy as an organizer. King addressed the phrase in “Letter from Birmingham Jail,” penned in April 1963. “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly,” King wrote. “Never again can we afford to live with the narrow, provincial ‘outside agitator’ idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”

Monden’s friends were baffled. In their view, Peterson seemed more concerned about the protest than the shooting. Their confusion turned to outrage when signs of support for Georgia Tech’s police began popping up around campus.

The Backlash

The messages were scribbled in colorful chalk on sidewalks and in marker on posters taped up in dorm windows. We Support GTPD. We ♥ GTPD. We Are One GT. The last slogan seemed to summarize Peterson’s latest public statement.

The student president of the university’s Marksmanship Club started a GoFundMe page for “GTPD Office Recovery.” The fundraiser described Scout’s death as a “tragic suicide,” blamed the Monday riot on “the arrival of violent protestors, many of whom are not even currently attending Georgia Tech,” and asked people to give what money they could to support campus police. “GTPD has always been kind to students, treating us far more as equals than subjects; many of them are Georgia Tech graduates themselves,” the page read. “Now, it’s our turn to give back to them.” The page’s goal was $10,000, which it exceeded by several hundred dollars. The same day, a GoFundMe campaign started for the campus counseling and LGBTQ resource centers. It raised just $150 of its $5,000 goal.

A student named Courtney Allen created a Facebook event encouraging people to “Thank a GTPD Officer.” Allen wrote, “Take some time out of your busy class schedule and thank a GTPD officer. Thank every one you pass. Thank one that you look up to. Go to the department [and] thank all of them. Do something to show that the Georgia Tech student body still loves, cares, and supports our police officers.” In an interview, Allen told me she wanted to show that “students do still love our officers, like we would our family members after a horrible, life-changing event.” Not everyone felt the same way. “The GTPD murdered a troubled young person in cold blood, and you want to thank them?” one commenter wrote on Allen’s event page. “How dare you!”

Bailey Becker
Bailey Becker

Scout was gone, Monden was in jail, and “the first fucking response was, We should show our support for GTPD,” Bailey Becker told me, recalling the mood on campus after the protest. “It’s like, God fucking damn it. I know why you’re saying that, but that doesn’t make it any less basically sickening for me to see.”

Among those who responded positively to the outpouring was Tyler Beck, through his attorney. “He very much regrets the situation he was faced with, he and the other officers,” Don English, general counsel with the Southern States Police Benevolent Association, said of his client. “He is very appreciative of the support he has received from the Georgia Tech community, including most of the students.” Beck’s personnel profile, which was made public in the days after the shooting, contained no black marks. A month before Scout’s death, Beck had received a letter of commendation for “quick thinking” in stopping someone from stealing food from a dining hall by shutting them inside a freezer and calling for backup.

With regard to the shooting, English noted in his statement, “I’ve not talked to one law enforcement professional who would disagree that the use of force was justified in the situation that confronted these officers.” Critics, though, pointed to a case from 2010 that complicated the notion that Beck had no choice but to fire a lethal weapon. According to an Atlanta Journal-Constitution story, a Georgia Tech alum named Kshitij Shrotri attacked postdoctoral research fellow Samer Tawfik, with whom he had a personal dispute, on campus using a samurai sword. By the time the GTPD showed up, Tawfik was lying on the floor covered in blood, and Shrotri was standing above him clutching the sword and yelling, “You will have to kill me!” Police officers drew their guns, aimed them at Shtrotri, and pleaded for him to drop the weapon. Shrotri didn’t, so a cop pepper-sprayed him, subduing the armed threat. Tawfik spent time in the hospital but survived. Shrotri was charged with aggravated assault.


Some of Scout’s and Monden’s friends scrambled to append the chalked “We Support GTPD” messages with the words “…and the LGBT community.” One student told the local NPR affiliate that the pro-police sentiment “is just making it a lot harder to even be here.” He continued, “I did not think it would be so bad and that people would lack so much empathy, or only have sympathy for a burnt car.” Punja wrote on social media, “I’m so fucking sure this is just a nightmare but I haven’t woken up yet!!!!!!!!” and “my EX was SHOT and KILLED by COPS hahahaha What the Fuck.”

Even Matt Wolfsen, who’d initially criticized the protest, felt that the tide of public opinion was taking a worrying turn. Instead of talking about “students hurting” and the campus “needing real systematic change,” Wolfsen later said, he mostly heard complaints about “these crazy people setting fire to cop cars, just causing trouble.” Anxious to change the conversation, he gathered members of the PSA and drew up a list of demands for the Georgia Tech administration: better mental-health care, greater police accountability, improved services and accommodations for LGBTQ people. The PSA planned to deliver the demands to Peterson and hold demonstrations to publicize them.

Meanwhile, Kirby Jackson participated in an as-told-to article with Yahoo News several days after the shooting. “There were many more armed cops than there were Scouts,” Jackson said. “I’m incredibly surprised that the cops couldn’t have wrestled Scout to the ground or found some non-lethal way of ending that situation.” Jackson also criticized the counseling options on campus, which she’d personally found lacking, and defended the protest. “The vigil was very nice—it was a candlelight thing, a very moving, symbolic gesture. It was something Scout would’ve hated, as Scout was much more the type for action,” Jackson said. “It turned into a march over to GTPD headquarters, and it was tense—there’s a lot of anger about how they treated Scout, plus anger at police in general across the country.”

Privately, Jackson worried about Monden’s arrest. How was she handling it? As a black trans woman, was she safe in a penal system not exactly known for protecting vulnerable minorities? (About 20 percent of trans people who’ve interacted with police have been harassed; the rate is 61 percent among black trans people.) “That’s classic Kirby—to worry about other people more than Kirby,” her mother, Angela Amar, told me. When she was little, Jackson would drop pennies on the ground just so other people could pick them up and have good luck.

Monden was released from jail on Thursday, September 21. After consulting with her family, she decided to spend a few days in a mental-health facility. She described the experience as a “whole lot of extremely limited freedoms and awful regimented meals—and cookies, really awful cookies. They were like Lorna Doones. Also, lots of visible crying and fights.”

When she was little, Kirby Jackson would drop pennies on the ground just so other people could pick them up and have good luck.

Just before she entered the facility, Monden had received an email from Georgia Tech announcing that she was being considered for suspension “because of the existence of significant risk to the health and safety of the Institute community.” If she wished to “be heard on whether [her] presence on campus poses a danger,” she had less than 24 hours to contact the relevant campus authorities and set up an appointment. Occupied with the distress she was experiencing, Monden didn’t reply.

A few days later, Monden was released from the mental-health facility. According to school records, the university established through its IT department that the e-mail notifying Monden of the pending suspension had been opened, but that she had not requested an appeal. In a message on September 26, she was officially suspended from school. Monden was banned from campus, pending a hearing before Georgia Tech’s Office of Student Integrity.


Around the time Monden left jail, the GTPD posted on Instagram that it was still actively investigating the protest “in coordination with local, state, and federal law enforcement.” The department asked “anyone who has footage of the march, riot, or events directly preceding or following the violence to upload your video” and provided a link to Leedir, an “eyewitness platform” used by law enforcement in emergencies.

Soon after, the arrests began.

At GSU, police identified a black student who’d been near Monden when she was detained. According to court records, the student was charged with misdemeanors for inciting a riot, willful obstruction of law-enforcement officers, and wearing a mask, hood, or other device that concealed his face. The affidavit for the arrest noted that the student was “known to this Department by him being arrested at other protest”—a reference, seemingly, to a previous demonstration against the Georgia Board of Regents, the governing body of the state’s public universities, for its policies toward undocumented students.

In another instance, according to an arrest report, police at GSU, based on information shared by their GTPD counterparts, entered a classroom, escorted a student who was friends with Scout into a hallway, and asked if she had any weapons. She said no and was patted down, handcuffed, and taken to police headquarters, where she was charged with willful obstruction of law enforcement and inciting a riot. Rumors also circulated that students who weren’t accused of crimes but who had attended the vigil were being pulled out of class and questioned; in a statement for this story, GSU said that never happened.

By early October, a half-dozen people had been arrested. Among them was Kirby Jackson. A police officer called Jackson’s home one day to inform her that a warrant had been issued. Unnerved that other students had been pulled from classrooms and anxious to avoid a similar scene, Jackson turned herself in. She was charged with willful obstruction of law enforcement.

The arrests flew under the public radar. Many professors and students weren’t aware that they were happening, and few media outlets covered them. Page Pate, a local trial lawyer, told a radio reporter that the police’s methods were unusual. “There’s no ongoing crime,” Pate explained. He saw the arrests as sending a message “that you better be careful when you show up and protest at the school or about something that the school has done.” Through a spokesperson, Georgia Tech responded, “No one is being targeted because they protested.”  

Donald Downs, professor emeritus of political science at the University of Wisconsin and author of several books on free speech, told me, “I’ve read a lot of stuff on campus upheaval, but I have not run across any situations where there were arrests made inside classrooms and students questioned like that.” GTPD’s approach risked creating a “chilling effect on free speech,” said Clay Calvert, director of the Marion B. Brechner First Amendment Project at the University of Florida. “Students are less likely to [protest] if they know they are going to be yanked out of the classroom, embarrassed in front of their classmates.”

august2018-1535720029-35.jpg
The site of Scout Schultz’s shooting. 

No one was more nervous about the arrests than Punja. She knew that her pink hair made her easily identifiable in protest footage. She grew anxious when she heard police sirens or saw flashing lights. “I’m not strong enough to go to jail,” Kaffezakis recalled Punja telling her. “I’m afraid of how my family is going to react.” Kaffezakis tried to reassure her friend that “this is not the end of the world.” Punja talked to Monden about killing herself but said she wouldn’t do it if Monden didn’t either—a suicide pact in reverse.

On Saturday, September 30, there was a home football game, a big social event on Georgia Tech’s campus. The team was playing the University of North Carolina, and like thousands of other students, Kaffezakis went to the stadium to watch. She was in the packed stands, checking her phone, when a friend told her to check out a worrying post on Punja’s Tumblr. Punja said she was at a gun show where “a guy asked me if i was here to attend or protest.” She added that the gun show “should really b stricter with the background checks; i’ve been involuntarily hospitalized like 3 times lmfao.”

Kaffezakis immediately dialed Punja’s phone number. A man answered and identified himself as a detective. “What’s going on? Why are you answering?” Kaffezakis asked, pushing through the stadium crowd so she could hear the detective clearly. He said that Kaffezakis would have to talk to Punja’s mother; then he hung up.

It took some time to get Punja’s mom on the phone. After being contacted by authorities, she’d sped to Johns Creek, a small city northeast of Atlanta where, after the gun show, Punja had driven, too. Punja had parked on the side of a road and, with a weapon purchased at the show, shot and killed herself. Law enforcement had spotted her car and identified Punja with ID recovered inside.

A memorial was organized off campus at Kweer Haus, a facility offering short-term housing for homeless LGBTQ people in Atlanta. The theme was pink, Punja’s favorite color. Pink candles and flower petals surrounded a framed picture of the deceased. Pink and silver balloons filled the room. At the end of the vigil, mourners went outside and released them. The orbs drifted above the trees of downtown Atlanta, catching the glow of streetlights. Eventually, they slipped from sight.

The Strain

Before Punja’s suicide, the PSA had released a statement announcing that, if the Georgia Tech president’s office didn’t agree to implement the group’s demands, its members would march to his office and “engage in peaceful and non-violent demonstration, including but not limited to a ‘die-in.’” Students en masse would lay down on the ground “to represent the deaths that will result from a lack of mental health care.” The PSA’s demands included more funding for treatment, mandatory police training in crisis intervention, more gender-neutral bathrooms and gender-inclusive housing on campus, the reinstatement of the Pride Alliance’s office space, and the relocation of the LGBTQ resource center. For a little more than a year, it had been in a renovated storage room, with just enough space for the director’s desk and chair, as well as a couch.

The university didn’t publicly acknowledge the PSA’s statement, but two days later, Peterson made one of his own. In response to Scout’s death, Georgia Tech would be creating four “action teams” tasked with evaluating mental-health services, campus culture, LGBTQ issues, and public safety. They would make recommendations for change no later than November 1, 2017.

READ about Peterson’s action teams.

Behind the scenes, the administration was taking action of a different sort. When it was notified in advance of a planned demonstration at the campus’s student center, where professors and undergraduates would discuss the impact of Scout’s shooting, Peterson alerted the FBI and GBI, as well as state and city police. “After what happened Monday night,” Peterson later said in a meeting, indicating Scout’s vigil, “we didn’t know if we were going to have Charlotte or if we were going to have something that turned out to be a non-event.” He was referring to the widespread protests in North Carolina that had occurred in 2016, after police shot and killed a black man named Keith Lamont Scott. The governor of North Carolina had declared a state of emergency and deployed the state’s National Guard.

About 75 people gathered for the student-center protest on a Friday afternoon, and they were peaceful. They discussed feeling “fear, pain, frustration, deep sadness, [and] disappointment” since Scout’s death, according to a reporter who attended. Around 3 p.m., the demonstrators were alerted that the building was locking up early that day. It wasn’t a planned closure; the administration, it appeared, wanted them to leave the center.

Outside, a police helicopter hovered in the sky. This “is the kind of culture of fear that we’re talking about,” Anne Pollock, a participating professor, told a reporter. “They were very worried that antifa would take over our event or something like that.” Bailey Becker, who attended the gathering, told me that participants were afraid of getting arrested or worse. “All of us went to that protest with this fear,” Becker said. “Is this going to get someone else hurt? Is this benign action going to bring fire on somebody for doing something that they should be allowed to do without question?”

Georgia Tech officials acknowledged the protest in a statement but didn’t mention the decision to shut down the student center. “Since Monday’s activities,” the statement read, referring to the riot, “we’ve had an increased level of security on campus.”


A few days later, Matt Wolfsen was invited to a meeting with Peterson and two state legislators. By then the student government had pledged $500,000 to mental-health services, which the president’s office promised to match. The funds would be dispersed on a proposal-by-proposal basis. Peterson announced a separate $1 million endowment, established through the nonprofit Georgia Tech Foundation, for campus wellness and police training. Peterson also said that he was temporarily lifting the 16-session limit on counseling appointments. Some students pointed out that this wouldn’t address the fact that it often took weeks to secure a session—in fact, it risked making the backlog worse—or that people referred to the counseling center as suicidal often wound up at the Ridgeview Institute, a private psychiatric hospital, where expenses could balloon to nearly $1,000 a day.

Wolfsen had hoped to hear Peterson’s broader plans for improving health services, among other things on campus, when he met with the president and the two legislators at the Paul D. Coverdell Legislative Office Building, a white stone structure in downtown Atlanta. There, Wolfsen and another PSA student sat at a conference table across from representative Park Cannon, a queer black woman and the youngest Democrat in the state assembly. Mable Thomas, who’d served in the legislature on and off since the 1980s, sat at one end, Peterson at the other. The Georgia Tech president was the room’s center of gravity. Tall and patrician, with gray hair combed carefully to one side, Peterson is an engineer by training and the state’s highest-compensated public-college administrator.

The mood was tense. In a recording of the meeting obtained from one of the participants, Peterson responded to legislators’ concern about police preparedness for dealing with students in crisis; just 18 of the 85 officers on the campus force had received the appropriate training. Peterson also apologized for using the term “outside agitators” in his statement after the riot. “That carries a special connotation in the South, and I’ve been cautioned and apologize for the use,” he said. (Peterson, who hails from Kansas but has worked in the South for many years, has not publicly apologized for the usage.)

Just 18 of the 85 police officers on the campus force had received crisis-intervention training.

Cannon and Thomas peppered him with questions about the case against Monden and a perceived lack of sympathy shown by the university toward Scout’s family and friends. “There was almost [an effort] to marginalize it,” Thomas said of the shooting, “like, ‘Oh, [Scout] wanted to die.” She also remarked on how young Scout and the protesters were; most of them were under 25 and “immature as can be.” Her description echoed the only critical feedback in Tyler Beck’s police personnel file: “He is young and is still learning laws, policies, and criminal procedures.”

At one point, the legislators brought up the PSA’s proposed die-in. Wolfsen piped up, speaking to Peterson directly and thanking him for the steps, such as the action teams, that Georgia Tech was taking to address students’ concerns. “That’s been changed,” Wolfsen said of the die-in. “We hear you, and we’re very much appreciative of the efforts you’ve put forward. Going forward we want to make sure that this does result in long-term change. We are not going to be as aggressive anymore.”

Peterson responded, “Have you informed these representatives of your involvement and engagement with the people from off campus on the event Monday night? Have you disclosed that to them?”

Wolfsen was caught off guard. After the riot, he’d reached out to administrators to tell them that he’d personally asked anarchist and antifa factions to be nonviolent and was disappointed that they hadn’t obliged. Now, though, it seemed as if Peterson was suggesting that Wolfsen was trying to hide his contact with nonstudent protesters.

“Did you communicate with them before the event on Monday night?” Peterson demanded.

“Yes,” Wolfsen said. “I talked with them because I wanted them to be very clear about what they were doing.… It fell through, unfortunately. “

“Did you inform our public safety or anybody in the administration or staff at Georgia Tech that you were in communication with people off campus that were potentially violent?” Peterson asked.

The other PSA student jumped in. “It wasn’t that they said that they were going to do something violent,” she said. “It was that we asked them not to.”

“It would have been enormously helpful if we had been made aware,” Peterson said.

When the meeting ended, Wolfsen felt a nagging fear. What if the university thought he’d conspired to start the riot? Wolfsen contacted a lawyer and submitted a request under the federal Family Educational Rights and Privacy Act (FERPA) for his student records.


On October 8, family and friends gathered in Tucker, Georgia, close to the Schultzes’ home in Lilburn, for Scout’s memorial. A picture of Scout protesting House Bill 51, waving a pride flag while walking down an Atlanta street, was set next to a podium and an array of vibrantly colored flowers. In lieu of gifts to the family, the Schultzes asked that people donate to two organizations benefiting LGBTQ youth: the Trevor Project, a national suicide hotline, and a thrift store in Atlanta that supported affordable housing. That Punja, the kindhearted kid who’d given her a plastic bouquet, was also dead made Lynne Schultz feel like she had to do more. She was too upset to deliver a speech, so she distributed fliers on which she’d printed information about resources for suicide prevention.

“We are joyful, angry, celebrating, and mournful. We’re proud and upset, disheartened but resolved,” the chaplain leading the service intoned. “Would the status and lives of secular, freethinking students, at Georgia Tech and elsewhere, be better served if Scout Schultz had lived to continue to work for that?… Yes. How much? We’ll never know.”

In a photograph from the service, Kirby Jackson, fresh off her arrest and awaiting a legal hearing, stands in front of a floral-patterned chair. Her arms hang at her sides, and her hands are clasped at her waist. Like Monden, who was also at the service, Jackson had been banned from the Georgia Tech campus, where she’d continued to spend a great deal of time since transferring to Georgia State and where many of her closest friends still attended classes. “Basically, she was cut off from her support network,” Kaffezakis told me.

Jackson stares directly into the camera, her gaze blank.

The Break

By mid-October, the media had mostly stopped covering the aftermath of Scout’s shooting. Without more rioting, there wasn’t obvious drama to focus on. The charges against Monden, Jackson, and the other people arrested would likely take months to work their way through the legal system. According to Georgia Tech policy, regardless of the charges against her, the university had 30 days after issuing her suspension notice to determine whether or not Monden could come back to school. Days turned into weeks. Thirty days passed. There hadn’t been a hearing, and Monden was still banned from campus. Before long, it was so late in the fall semester that there was no chance she could enroll for the spring. Monden would miss a full year of school. She moved in with her mom, who lived about nine miles from campus, and started working as a barista at a coffee shop.

Meanwhile, in early November, right on schedule, three of Peterson’s action teams submitted their recommendations. The ideas included increased money for counseling, new initiatives to diminish students’ stress, and the hiring of counselors with “extensive training in related areas such as gender and LGBTQIA studies.” But the fourth action group, focused on public safety, hadn’t yet convened because the investigation of the shooting hadn’t concluded. There was no timeline available for when that would happen.

Before Thanksgiving break, Matt Wolfsen got the result of his FERPA request. He was stunned to discover two binders thick with documentation; a third one arrived a few months later. Inside the binders was evidence that the university was tracking his movements. “Wolfsen travelled with a small contingent of students to Washington DC on July 31 to speak with Senator Kirsten Gillibrand [and] Congresswoman Maxine Waters’ staff regarding HB 51,” Steven Norris, the school’s assistant director of social media, wrote in an email to Georgia Tech’s office of communications. “Wolfsen is a registered member of the Democratic Socialists of America Group and is attending their national convention in August as an elected representative from Atlanta.” The administration also had eyes on Wolfsen’s social media, describing him as “one of the moderators of the FB group ‘Students Against House Bill 51.’”

On September 23, a week after Scout’s death, Norris had sent an email with the subject line “Weekend Monitoring.” He’d taken screen grabs of the PSA’s Twitter account, including a picture of a poster on campus reading “We demand the increase of current funding allocated to mental health on campus” and a tweet from Wolfsen describing the PSA’s demands of Peterson. The tweet, Norris wrote, “had received a fair amount of engagement this afternoon.” He added, “Thankfully many more mentions of football game and GT win have dominated conversation streams.”

The practice of colleges monitoring students’ social media is becoming more common. Some universities even pay private firms or purchase special technology to keep an eye on enrollees’ digital lives. Schools say that this tracking is necessary for campus safety and point to examples like a 2014 case in which a University of Georgia student was arrested after posting on the app Yik Yak that he was going to shoot up a building with an AK-47. Critics worry that targeted, sustained monitoring of certain students—those engaged in activism, for instance—could discourage free speech. “A reasonable person might say, instead of risking trouble, I’m going to shut up,” said Adam B. Steinbaugh, director of the Foundation for Individual Rights in Education.

The practice of colleges monitoring students’ social media is becoming more common. Some universities even pay private firms or purchase special technology to keep an eye on enrollees’ digital lives.

In Wolfsen’s case, after he put some of his FERPA records online, Georgia Tech released a statement saying that it had “noticed” his posts because they either tagged or mentioned the university. The administration also pointed out that “he was never reprimanded or disciplined for anything he posted.” Still, the revelation about monitoring set some students, including Scout’s friends, on edge. They wondered if they were being watched and if they should leave Georgia Tech. “They can’t fire students,” Bailey Becker told me, “but they sure as hell can drive us off campus.”

There was a sense among Scout’s friends that if they could just get to the end of the semester, the situation might improve. They could take a break, go home, be with their families, grieve, recharge. In the spring, they’d have more energy and more distance from the shock of losing Scout and Punja.

Jackson, though, was struggling. Her mother, a self-described “eternal optimist,” reassured Jackson that she would get through this crisis. They would contest the legal charges against her and life would go on. “It was going to be rocky, but we were going to make it,” Angela Amar told me.

Jackson turned 24 on November 26. She went to New Orleans with family and friends to celebrate. At a birthday lunch, in keeping with her den-mother reputation, she told a younger female cousin who was getting bullied at school to call her anytime she needed to talk. Soon after, Jackson traveled back to Atlanta for final exams at GSU. She didn’t complete them: On December 6, Jackson shot and killed herself in her bedroom, located on the basement level of her mother’s house. She didn’t leave a note. Her obituary described her as “a gentle and sensitive spirit” and “a champion for the voiceless.” Jackson’s mother realized that the legal authorities weren’t aware of her daughter’s death when, well after the fact, a summons arrived in the mail ordering Jackson to appear in court regarding the charges brought against her following Scout’s vigil.

The day after her suicide, about a half-dozen of Jackson’s friends met at an off-campus apartment. One of them had invited a therapist to talk to the somber group. They shouldn’t blame themselves, the therapist told the young people who’d gathered, and they shouldn’t be afraid to ask for help and to look out for each other. But they’d been doing that already, the students thought, and all they had to show for it were three dead friends.

Monden became obsessed with a photograph posted on Facebook a few months prior. Taken at night under bright streetlights, the image shows a smiling Scout, hair draped over a white tank top and one arm wrapped around Punja, who’s wearing a black jacket and thick-framed glasses. Monden is on the other side of Punja, leaning into her, with bulky headphones slung around her neck. After Jackson’s death, Monden kept looking at the photo, thinking about how she was the only one in the picture still alive. Maybe it was her turn.

It should have been me, Monden thought, not Kirby.

The Pursuit

I started teaching at Georgia Tech in January 2018, after the winter break. As a new arrival on campus, I wasn’t aware of a lot of what had transpired in the fall. I didn’t know, for instance, that Monden was still awaiting word on whether she’d ever be allowed to return to campus. On February 6, one of my students, who is nonbinary, asked me before class if they could make an announcement. It was about a vigil happening at 5:30 that afternoon. I obliged, and the student stood before their classmates to share the CliffsNotes version of Monden’s story, which her friends hoped would conclude after an upcoming hearing before the Office of Student Integrity. The student had fliers, which were placed on a table at the front of the room for anyone who was interested. On one side were the pertinent details about the vigil—time, place, and so on. On the other was an impassioned message:

OSI and GT administration has violated the following rights:

Right to an expedited trial

Right to clear and timely communication

Right to the least restrictive punishment

Right to innocence until proven guilty

Will you be the next target?

Out of curiosity, I attended the vigil. It took place near the Ovation Statue, lovingly referred to by students as the Ice Cream Statue because it looks like a swirl of soft serve. About 30 people were there, including several LGBTQ students. Someone offered me a sign to hold that said “Black Trans Lives Matter.” Was Cat black? I wondered, immediately regretting that I didn’t know the answer to a basic question about a student intimately tied to a campus tragedy. I was struck by how committed the gathered students were to Monden’s case. By contrast, the wider campus seemed to have moved on from Scout’s shooting and the subsequent unrest, just over five months after it had transpired. I wanted to understand why this empathy gap existed.

I interviewed students, submitted records requests, and read all the news and social-media coverage of the shooting that I could find. I talked to family and friends about Scout and Punja and Jackson, learning who they were in life and what their deaths had meant to the people who knew them best. I tracked updates from Peterson’s action teams, including a proposal to establish a new and improved LGBTQ resource center, which would open in the fall of 2018. Students told me that, on some issues, they’d pushed the university to follow through. Based on an action-team recommendation, for instance, buildings were  supposed to have gender-neutral bathrooms available, but the process of installing signs designating the facilities had been slow. At least one student contacted the director of residential life for help; the director put in a work order, and within two weeks more signs had gone up.

One student-led initiative involved digging directly into the wounds left by Scout’s killing. Kaffezakis, with the help of the LGBTQ resource center, contacted the GTPD and offered to train officers on trans awareness and inclusion. The police accepted, and Kaffezakis convinced several of her trans friends, including her partner, to go to GTPD headquarters for six sessions. “For a lot of people there, it was super uncomfortable,” Kaffezakis said, “but there was sort of an acknowledgement that it was something that we had to do.”

For the first 90 minutes of training, Aby Parsons of the LGBTQ resource center discoursed on terminology and bias to about a dozen officers. At one point, Parsons handed officers a series of printed words affixed with Velcro and asked them to stick the items on a board in one of two columns. The words included slurs used against trans people and acronyms like MTF (male to female); the columns were labeled “green light” (acceptable) and “red light” (unacceptable).

Naiki Kaffezakis
Naiki Kaffezakis

The last half-hour was more unscripted. Kaffezakis and the other trans students stood in front of the room to answer questions. “How can we make trans students feel safe?” one officer asked. “Why do we need to use gender-neutral pronouns?” another wondered. “There were a lot of heartwarming parts,” Kaffezakis recalled, and officers who were “very clearly engaged.”

But some seemed unfocused, even annoyed. At one point, a cop asked, “Why do y’all not trust us?”

The obvious response was Scout’s killing, but Kaffezakis decided to go further than that. It wasn’t the GTPD specifically that trans students didn’t trust, she said, it was law enforcement everywhere. She detailed survey research done by the Solutions Not Punishment Collaborative, an Atlanta-based black transgender and queer organization, which in 2016 found that after calling the police for help, more than a third of the trans women of color interviewed wound up being arrested. Eighty percent of respondents had been stopped by police, and about half of those stopped had been questioned on suspicion of prostitution. “Everything that happened with Scout’s shooting,” Kaffezakis concluded, “centered GTPD within that perspective and those expectations.”

When she finished talking, the room was quiet. She hoped it was a signal of sympathy.


In December 2017, according to public records, the GBI handed the findings from its investigation of Scout’s shooting over to the Atlanta district attorney’s office for review. The Schultzes said that they’d been told it could be two years before they know who, if anyone, would be held accountable for their child’s death. Among the items in the DA’s possession are Scout’s suicide notes. The Schultzes said that they haven’t had a chance to read them and won’t be able to until the DA is done with them. The DA declined to comment for this story, citing its policy of not talking about ongoing investigations.

I was eager to talk to university officials to get their perspective on the case, the protests and arrests, and the changes proposed on campus. As any academic knows, committees and recommendations don’t necessarily translate into action; too often, semesters pass with little more than updates on measures that have been forthcoming for what feels like years. I reached out to several decision-makers, including Peterson and the GTPD chief, and was told by each person or their assistant to contact Lance Wallace in communications. Aby Parsons at the LGBTQ resource center didn’t reply to my inquiries. Even the counseling center, which I’d visited hoping to talk to someone about the general topic of mental health on campus, wouldn’t comment. While I waited to be told no, I spotted a bowl of rubber yellow bracelets with #JacketsEndingSuicide printed on them in white lettering and pamphlets about “surviving after suicide loss.”

“I’ve looked at the website she’s writing for. She’s trying to tell as dramatic a story as possible, the facts be damned.”

I contacted Lance Wallace but didn’t hear back, so I decided to drop by his office. The communications building is situated next to Bobby Dodd Stadium, where Georgia Tech’s football team plays its home games; a large picture window in the entryway offers a sweeping view of the pristine green field. I climbed the stairs to Wallace’s office, where the door was ajar. “I’ve looked at the website she’s writing for,” I heard a voice say. “She’s trying to tell as dramatic a story as possible, the facts be damned.”

It took me a moment to realize that Wallace was on the phone and that he was probably talking about me. I waited a few seconds, then knocked. “One minute,” he called out. Wallace ended his call with “Bye, chief.”

When he emerged from his office, he looked and acted the part of a PR professional: polite, charming, and sharply dressed in a suit and tie. He couldn’t answer any questions, Wallace said, because there were still legal matters in process. His office, though, could get me a statement. When I conveyed that I wanted as much information as possible in order to write a balanced story, he smiled. “Absolutely, and it makes perfect sense,” Wallace said. “It’s not that we’re just kicking you to the curb and saying, No, don’t talk to her.”

A few days later, Wallace’s office sent me his statement on Scout’s shooting. “While the case remains under review by appropriate state agencies, Georgia Tech is not in a position to grant interviews on the case,” it read, “and no Georgia Tech employees will do interviews on the topic.”

It’s easy to dismiss what a university does or doesn’t say about its business—to say nothing of attempts to get answers out of them—as unworthy of coverage in the face of bigger, more sensational news stories. Yet how universities act matters, because they’re entrusted with the care of young people and with shaping their worldviews. Public institutions like Georgia Tech and GSU are also accountable to taxpayers.

More urgently, campuses have become microcosms of America’s divided political culture. They’re battlegrounds for disputes over free speech, personal identity, policing, and other pressing social issues. Fringe political groups and actors, some of them affiliated with the far right, stir up controversy and court potential members at colleges and universities, while so-called watchdog organizations like the conservative group Campus Reform scour the web for trolling fodder. A July 2018 Campus Reform article, for example, mocked the University of Wisconsin, Madison, for allowing a student to submit a bias incident report in 2016 for “being forced to choose male or female when completing forms/paperwork.”

Higher education is also on the front lines of a volatile debate over civil disobedience in the face of perceived injustice, waged in earnest since President Donald Trump’s election and amid increased scrutiny of America’s enduring legacy of white supremacy. In August 2018, as the fall semester began at the University of North Carolina at Chapel Hill, protestors tore down a longstanding Confederate monument, eliciting praise from liberal circles and condemnation from many conservative ones. Ultimately, the state’s highest education authorities came down on the side of the right. The chair and president of the UNC system released a joint statement describing the statue’s dismantling as “unacceptable, dangerous, and incomprehensible. We are a nation of laws—and mob rule and the intentional destruction of public property will not be tolerated.” The statement did not mention the statue’s history, including stymied efforts to have it legally removed and a dedication speech in 1913 at which a Confederate veteran praised his fellow men in gray for defending the “welfare of the Anglo Saxon race” and bragged about how he once “horse-whip[ped] a Negro wench” about 100 yards from where the statue stood. As with Georgia Tech’s comments about Scout’s shooting, context was everything—and it was lacking.

Meanwhile, the Georgia legislature, following a model set by several other states and championed in conservative circles, passed a law in the spring of 2018, ostensibly intended to protect First Amendment freedoms on campuses by mandating that public institutions enact “content-neutral” policies regarding speeches, demonstrations, and other “expressive activities.” Yet the law also requires that schools sanction students who “disrupt or interfere with the functioning of the institution or classroom instruction.” In other words, students who protest campus events or school business—who, say, heckle a speaker they find offensive or stage a die-in at the president’s office—now run the risk of being punished.

The Georgia Tech administration was eager for campus life to return to normal after Scout’s death. For some students, however, normal was the problem. Scout’s friends wanted their pain to matter. “Bud Peterson and Georgia Tech are failing the students,” a third-year biomedical-engineering major said on a local news broadcast shortly after the shooting. “The thing is, if we return to the status quo, more people are going to keep hurting. People are hurting right now at Georgia Tech.”

I thought of those people when, through an open-records request, I received documents from Georgia’s Peace Officer Standards and Training Council. I wanted to know Tyler Beck’s status, since little had been heard from or about him since immediately after the shooting; I’d reached out to Beck but never heard back. The documents gave me some answers: As of July 2018, Beck was “actively employed in law enforcement” at GTPD. Since shooting Scout, he’d completed 126 hours of training, including crisis intervention. Meanwhile, the campus-safety action team still hadn’t convened; the website for Peterson’s office said that information about the group was “coming soon.”

In July, the GTPD hosted a going-away party for its interim deputy chief. In a photo from the on-campus event, posted to the department’s Facebook page, a man who appears to be Beck leans against a doorframe, a close-lipped smile above his square jaw. He wears a badge, a polo shirt and khakis, and what looks like a firearm strapped to his belt.  

The Hereafter

Beck isn’t the only person at the scene of Scout’s death who has since returned to Georgia Tech. In the middle of the spring 2018 semester, the OSI decided to revoke Monden’s suspension. It was too late to register for spring classes, but she could come back for the summer term.

As Atlanta slipped into months of ceaseless mugginess, Monden re-enrolled in classes in literature and communications. Georgia Tech is relatively quiet in the summer, but Monden never felt alone. For the first few days of classes, she told me, police officers followed her around. Eventually, she stopped noticing them, or maybe they stopped tracking her. Still, she occasionally spotted students giving her suspicious looks. When she introduced herself in conversations, people sometimes replied incredulously, “Are you that Cat?”

She kept a low profile and focused on the present, perhaps because what would come after the summer wasn’t entirely up to her. Monden wanted to graduate and become a video-game designer, but her charges were still pending; if convicted, she could face a maximum sentence of up to five years in prison. Prisons are notoriously dangerous places for trans people, who endure a disproportionate risk of sexual violence behind bars, and the Trump administration recently rolled back a federal policy mandating that inmates be housed according to their gender identity and not their biological sex. In my conversations with her, Monden seemed averse to talking about the possibility of spending time locked up.

On the morning of August 13, a week before the start of Georgia Tech’s fall semester, Monden appeared in courtroom 4A of the Superior Court of Fulton County. She wore a striped shirt and black dress pants, and her hair was fashioned into short dreads. Family and friends were present, including several LGBTQ students. One of them kept an arm tightly wrapped around Monden’s shoulders as the group waited for the hearing to begin.

Monden was appearing with the two other people arrested at the march following Scout’s vigil. Monden’s codefendants pleaded guilty and received five years’ probation, as well as a fine. “If you interfere with a cop, you’re going to get beat up,” Judge Henry Newkirk told the newly convicted criminals, both of whom were white men. “If you hit me, and I’m a cop, I better have two other cops to help me whip you.”

Monden’s lawyer, meanwhile, took a different approach. After noting Monden’s return to Georgia Tech over the summer, he successfully negotiated for pretrial intervention, which meant that after completing certain court-appointed activities—the specifics of which weren’t logged in the public record and which Monden didn’t want to discuss—his client could petition for the court to reject her case entirely. It wasn’t an outright acquittal or dismissal, but if she obeyed the terms of the deal, Monden would at least avoid a felony conviction.

As for the context in which the events before the court took place, Newkirk acknowledged that “it’s a very unfortunate incident whenever someone is killed, especially by the police.” However, he added that there are “good shots” and bad. “From what I can see, the ones that aren’t [good] usually get indicted,” the judge said.

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Friends of Scout’s walking near the Georgia Tech campus.

That her day in court was anti-climactic was in keeping with how life had come to feel for Monden in the months after Scout’s death. At first, she told me, she was angry—so much so that everything she experienced became a blur. But then she grew weary. Even with the threat of jail gone, she didn’t feel much like being an activist anymore. “A lot of people around me are trying to make the best of things,” Monden said. “I’m trying to get through life.”


For the queer community at Georgia Tech, the new school year is full of uncertainty. The revamped LGBTQ resource center proposed by one of Peterson’s action teams opened the first week of classes, a reminder that, in Bailey Becker’s words, “We’re here and fucking vibrant.” At the same time, Becker told me that the Pride Alliance is timid, always wondering when planning activities what Georgia Tech’s administration will think and weighing whether “we can get in trouble for this, because it’s political and we’re political.” The group, Becker added, can sometimes feel like a place “where activism goes to die.” Some of Becker’s LGBTQ friends have considered transferring from Georgia Tech but have stopped short because they “want something from the school that’s not lasting trauma.”

The mood is a far cry from where the Pride Alliance was one year ago. On a sunny summer day in 2017, Scout sat behind a folding table on the Tech Green, the heart of campus. They wore a floral T-shirt and sucked on a lollipop, pulled from a glass jar that passersby were encouraged to rummage through for their favorite flavors. If they didn’t want a lollipop, Starbursts were available, too.

The table was draped with a rainbow flag and offered pamphlets about LGBTQ pride. This was recruitment for the Pride Alliance, and Scout was the group’s ambassador. “Always fun to greet the incoming first-years and get a glance at the folks who make up the future of the organization,” they later wrote on Facebook, capping the message with a smiley-face emoji.

In a picture taken at the event, Scout appears confident. They’d donned a rainbow-colored Dr. Seuss hat, which had flopped to one side. Another student was wearing a trans-pride flag around their shoulders like a cape, and Scout had decided to add a cape to their own ensemble—the rainbow one from the table. They looked like a queer superhero.

If you or anyone you know is struggling with suicidal thoughts, call the National Suicide Prevention Lifeline at 1-800-273-8255 or visit suicidepreventionlifeline.org.

To young LGBTQ readers, the Trevor Project is a 24/7 resource for crisis support. Call 1-866-488-7386 or visit thetrevorproject.org

Axes of Evil

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Axes of Evil

Four days, two murders, and one poplar tree that almost ignited World War III.

By Josh Dean

The Atavist Magazine, No. 81


Josh Dean is a correspondent for Outside, a frequent contributor to Bloomberg BusinessWeek, GQ, and Popular Science, and the author of The Taking of K-129: How the CIA Used Howard Hughes to Steal a Russian Sub in the Most Daring Covert Operation in History. 

Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Daniel Moattar

Published in July 2018. Design updated in 2021.

1

The poplar was a problem. One of the few survivors from a deciduous forest bombed into oblivion during the Korean War, the tree towered 40 feet over a stripped, scrubby landscape; in the summer, its leaves formed a thick green crown. A stranger to the Demilitarized Zone (DMZ), the skinny belt of no-man’s-land that has divided the Korean peninsula since 1953, might have seen this as evidence of nature’s resilience. To the U.S. soldiers patrolling the area, however, it represented a conspicuous security risk.

That’s why, at 1030 on August 18, 1976, a 2.5-ton truck—a deuce and a half, in U.S. Army lingo—rolled up to the poplar and parked in its shadow. Out climbed a crew of five civilian maintenance workers, all of them Korean, and a ten-man security platoon led by Lieutenant Mark Barrett, a South Carolinian who’d been in Korea only a few weeks. Barrett’s boss was there, too. Captain Arthur Bonifas had arrived in a jeep and now stood to the side as the workers ascended the tree with axes and clippers and began to cut the branches.

A cheerful, devoutly Christian native of Newburgh, New York, and a father of three, Bonifas was in the final days of his deployment to Korea. The 33-year-old West Point graduate was known among his men for being very smart—he’d once taught math at his alma mater—and impeccably polite. Soon he’d be off to a new post, in Georgia, where he’d be promoted and placed in command of an artillery unit. In fact, Bonifas had already ordered the uniforms and shoulder boards that would reflect his new rank as an Army major.

The job in Georgia would be less unpredictable than the one that had brought Bonifas to the foot of the tree in Korea. Here he was second-in-command of a complex military entity known as the Joint Security Force (JSF), comprised of three platoons of American and South Korean soldiers who served as guards in the Joint Security Area (JSA). Situated in the heart of the DMZ, the JSA was also called Panmunjom, after a tiny settlement that once stood in the same spot, or simply the truce village, because it’s where the armistice that froze the Korean War was reached. Just under 900 yards across at its widest point, the JSA was supposedly neutral and the only place where soldiers from the Korean People’s Army (KPA) and the Republic of Korea (ROK)—north and south, respectively—stood face-to-face, while keeping watch over various ornamented buildings frequented by tourists and government officials. In reality the plot of land, which on a map resembled a slightly squashed circle, was one of the tensest places on the planet.

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To monitor pressure in this geopolitical tinderbox—that is, to keep tabs on bad behavior exhibited by KPA guards—U.S. soldiers manned various checkpoints and guard posts. Everyone’s least favorite assignment was Checkpoint 3 (CP3), positioned at the foot of the so-called Bridge of No Return, which traversed the narrow Sachon River. Halfway across the concrete span was the North Korean border. Some U.S. guards feared being kidnapped and dragged across that invisible line, in which case they almost certainly would not be rescued, because Pyongyang would deem movement by U.S. forces into northern territory to retrieve prisoners an invasion. The North Koreans constantly harassed and intimidated the men stationed at CP3; they’d even erected two unauthorized checkpoints in close proximity just to impede access to what the Americans took to calling the loneliest outpost in the world.

Soldiers at CP3 took some comfort in knowing that, 600 yards up a nearby hill, their platoon mates at Observation Post 5 (OP5) had eyes on their position—except in summer, when the pesky poplar, in glorious bloom, blocked the sight line.

Almost anywhere else in the world, a military order to trim a tree for security reasons would have been considered uncontroversial. In the JSA, however, everything was disputed. The first attempt to tackle the poplar’s branches had been foiled by KPA guards who insisted that security officers from both sides of the JSA would need to approve any landscaping. A maintenance crew tried again on August 17, this time with a larger number of guards in tow, but the mission was rained out. On the third go, Bonifas decided to supervise, to ensure that the job got done. The operation would likely be his last in the JSA, and he wanted to be there in case the KPA caused trouble again. “Make sure you’re firm,” the JSF’s commanding officer, Lieutenant Colonel Victor Vierra, told him.

Special activities in Panmunjom were always filmed in case of incident. As Bonifas’s crew got to work, Captain Larry Shaddix, the JSF’s logistics officer, took up a position on a platform outside OP5. Shaddix raised his 35-millimeter camera’s telephoto lens and began to shoot. For a few minutes, there wasn’t much to see. The work was going according to plan, until Bulldog arrived.

Bulldog was Lieutenant Pak Chul, a rabidly patriotic North Korean platoon leader notorious for his provocations in the JSA, like the time he kicked an American guard in the groin during a scuffle over photographs. Bulldog strutted around, trying to make small talk with Captain Kim Moon Hwan, Bonifas’s Korean translator and the ranking ROK officer at the scene, and offering unsolicited advice to the civilians in the tree, some of whom had been on the scene last time, when their work was halted by KPA guards, and so were unnerved by Bulldog’s arrival.

Then, for no obvious reason, Bulldog changed course. He ordered the civilians to stop cutting—and threatened to force the issue, even shoot the workers, if they didn’t obey him.

Bonifas had seen enough. He strode forward and announced that the work would continue, period. The trimming was a legal, peaceful matter—a “routine action,” a Pentagon report later stated—that had been announced in advance. Besides, it would be over soon. Bulldog responded by muttering something to one of his guards, who ran off across the bridge and came back a few minutes later in a truck with reinforcements, bringing the number of KPA soldiers at the tree to at least 30. The North Koreans now outnumbered Bonifas’s men three to one.

Bonifas wasn’t about to be intimidated. Aware of the power a gesture can wield, he turned his back to Bulldog. That’s why he didn’t see the KPA leader calmly remove his watch, wrap it in a handkerchief, and put it in his pocket. Another North Korean officer rolled up his sleeves like a Mafia heavy preparing for a fistfight. Then Bulldog attacked Bonifas from behind, screaming an order to his men as he hit the base of the American’s skull with an open hand. The command meant, Attack the enemy and kill them!

On any other morning, Mark Luttrull would’ve been at Bonifas’s side. The , who was on his second tour in the Army after a brief, unsuccessful stint in college, had served as the captain’s personal driver for the better part of a year. Luttrull adored his boss, in no small part because the first duty Bonifas had given him was to escort Miss Rhode Island into the JSA as part of a USO tour. Luttrull especially liked driving Bonifas to security meetings in Panmunjom. The captain would ask Luttrull to drive fast while he rode in silence, studying his notes.

On August 18, however, Bonifas had asked Luttrull to stay behind at Camp Kitty Hawk, the JSF’s home base about a mile south of Panmunjom, to prepare his field gear to be turned in at the end of his deployment. Luttrull was sitting in the camp’s administrative office when he saw Kim, Bonifas’s translator, stumbling up a hill from the direction of the JSA, covered in blood and mumbling something that Luttrull couldn’t make out until the ROK captain was a few feet away.

As soon as he understood Kim’s words—“Captain Bonifas! Captain Bonifas!”—Luttrull ran for a radio and paged his boss. Then, as his call echoed from the camp’s tinny loudspeakers, a piercing siren began to wail.

U.S. military bases along the DMZ had two sirens: one for exercises and one for actual emergencies. This was the latter. It signaled for every man, from the infantry to the cooking staff, to drop what he was doing, throw on fatigues, a flak jacket, and a steel-pot helmet, and run to the armory for weapons and ammunition. Luttrull did exactly that.

John Pinadella, a 20-year-old private from New Jersey, had just come off a rotation in the JSA. Shifts in the zone were 24 hours each, from 0800 to 0800, and Pinadella’s last task before leaving Panmunjom that morning had been to open CP3 for the day. He’d thought it odd when three soldiers, instead of the usual two, showed up for the shift. Why did the checkpoint need reinforcing? But no matter—Pinadella had his sights on a little R&R. After a daylong stint with the Quick Reaction Force (QRF), the first-response team for incidents in the JSA, he’d get 24 hours off.

QRF duty was usually boring. The men sat around cleaning weapons, reading pulpy novels, bragging about their Korean girlfriends, and thinking about the leisure time that lay ahead: a full day of pickling themselves with booze in the nearest town, then sleeping it off before the whole cycle started over again. Pinadella was also crossing boxes off his calendar. He was the “shortest” guy in his platoon, the one with the least time remaining in Korea. He had just 98 days and a wake-up left before he went back to the United States.

Pinadella was reading mail on a cot in the unit’s Quonset hut when his platoon leader barged in, alarmed. Something had happened in the JSA. The lieutenant ordered Pinadella and the other men to gear up and get ready to go back, possibly into danger. “Get on the trucks!” he barked.

Half of the troops in the QRF, including Pinadella, were loaded into the open bed of a truck. These men were riot control, under orders to stop whatever was happening in the JSA, and they carried pickax handles. According to the terms of the armistice, soldiers on both sides could wield only batons and sidearms in Panmunjom, and U.S. commanders insisted that their troops stick to these options—unless there was an extraordinary escalation of violence. If Pinadella’s group couldn’t quell a crisis, or if the situation went truly, terribly sideways, then the other half of the QRF would be sent in. Those men would have M16s.

Just accessing Panmunjom, however, posed a problem. The moment the QRF entered, the United States would technically be in violation of the armistice. No more than 35 armed soldiers—30 enlisted men and five officers—from each side of the DMZ could be in the JSA at a given time, and that day’s rotation of Americans and South Koreans was already in place. Only the commanding officer on the scene was authorized to call in additional manpower. That was Bonifas, and no one could reach him.

Frustration built as the men of the QRF sat in their trucks waiting for information. They moved forward, as far as Checkpoint 2, just outside the gate to the JSA, and were sitting there as fellow soldiers on duty in Panmunjom began to straggle out. The men looked dazed; some were bleeding. There’d been a fight, they said, a bad one.

The exiting soldiers who weren’t hurt were asked to regroup and serve as backup for the QRF. Two of them refused, and Pinadella was stunned. Whatever had happened inside the JSA was so horrible that members of an elite U.S. force couldn’t face the scene again.

Finally, orders came down from Lieutenant Colonel Vierra to deploy the riot squad. As his truck rolled through the gate, Pinadella didn’t know that Bonifas had already been evacuated to the medic’s station at Camp Kitty Hawk, where Luttrull, his stomach in knots, was awaiting news. The medic on duty sought out the specialist, whom he’d heard was looking for Bonifas. Luttrull demanded to know what had happened to his boss.

“I tried to save him,” the medic stammered. “It was too late.” Bonifas was dead of catastrophic blunt-force wounds, including one that had split his helmet, and his eyeglasses, in half.

Map of the Joint Security Area. (Wikimedia Commons)
Map of the Joint Security Area. (Wikimedia Commons)

Shaddix, the logistics officer with the camera, had captured the murder in still frames. After Bulldog struck Bonifas on the back of the head with a karate-style chop, the captain fell to the ground and never got up again. At least five KPA guards immediately set upon him, kicking and hitting his head and body.

“Jesus Christ!” another American at OP5 yelled. “They’re killing him!”

Around the poplar, all hell broke loose. The civilian workers leapt out of the tree and ran, dropping their clippers and axes, which became weapons as North Korean soldiers snatched them up, encircled the guards who’d come to protect the tree trimmers, and commenced swinging and hacking. Shaddix’s photos would show outnumbered U.S. and ROK soldiers trying to fend off the attacks without resorting to firearms. An after-action assessment found that the men “reacted to a surprise, unprovoked attack with restraint and self-discipline.” Not one of them ever drew a gun.

The fight was brief, no longer than a few minutes, but furious. “There wasn’t time to be scared,” one of the U.S. soldiers later observed. “I was just trying to survive.” When Pinadella and the riot squad arrived, less than 30 minutes after Bulldog had initiated his assault, the scene was eerily calm. The North Koreans had retreated across the bridge or gone back to their stations inside the JSA. With no fight left to join, the QRF evacuated the men at OP5, including a rattled Shaddix. Inside the truck, someone pulled a fire extinguisher from its mount, and Shaddix gripped the canister tightly, ready to use it as a weapon if any North Koreans tried to stop the vehicle.

When the Americans and South Koreans regrouped outside the JSA for a head count, Bonifas wasn’t the only officer missing. There was no sign of Lieutenant Barrett, the man in charge of the security team at the tree, either. The last time anyone could remember seeing him was behind a retaining wall above a ditch near the poplar, where he’d apparently run to help a soldier who’d  been surrounded by KPA guards.

The QRF’s riot-control team piled into their truck for the second time and drove back through the JSA gate. The vehicle went straight to the tree, and as soon as it screeched to a halt, the men scrambled out and began to search for Barrett. Pinadella jumped over the retaining wall and down into the ditch, where he found the lieutenant lying on his back, covered in mud and blood. Ax wounds riddled the young officer’s body from head to toe, and Pinadella was afraid to touch him, lest he make the lieutenant’s condition worse. He reached down tentatively to check for a pulse. Oh, my God, Pinadella thought when he felt a faint beating. He’s alive!

The young soldier choked back a wave of nausea and put his minimal training in field medicine to work. He screamed for help and cleared Barrett’s airway with his fingers, which allowed the injured man to cough and breathe a little better. When another private slid into the swampy depression and saw Barrett, he unleashed a primal scream; he seemed ready to charge up the hill at the nearest KPA checkpoint and attack whoever was there. Pinadella told the private to channel his adrenaline into getting Barrett out. Together with two other soldiers, they carefully lifted the lieutenant out of the mud, carried him to their truck, and gently laid his body down in the bed.

The men assessed Barrett’s injuries as the unit sped out of the JSA. There were deep blade wounds in the lieutenant’s chest, and blood was pouring from them. It pooled and quickly congealed in the thick August heat, causing boots to stick to the vehicle’s floor. One soldier attempted mouth-to-mouth, but it seemed futile; more air was exiting the wounds on Barrett’s head and neck than was reaching his lungs.

Barrett was transported to a helicopter that would carry him and several wounded ROK soldiers to a hospital in Seoul. As the chopper rose into the sky and shrunk out of sight, Pinadella made his way back to barracks. He changed out of his blood-soaked fatigues into a clean uniform, then he grabbed as many clips for his .45 semiautomatic pistol as he could carry. If there was about to be a battle with the North Koreans, he wanted to be ready.


That afternoon, all U.S. soldiers were ordered to convene in the mess hall at Camp Kitty Hawk, where Vierra, their gruff, square-shouldered commanding officer, addressed them. By then word of Barrett’s fate had arrived: Despite the efforts of Army medics aboard the helicopter, the young lieutenant had succumbed to his wounds before reaching Seoul.

Vierra assured his men that retaliatory action would be taken, and soon. He was awaiting orders.

“We’re going to feed you now,” the colonel told Pinadella, Luttrull, Shaddix, and the other confused, angry soldiers, “because we don’t know when you’re going to be able to eat again.”

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The trimming of the poplar tree on August 18, 1976. (Courtesy of Wayne Johnson)

2

A U.S. soldier stationed in Panmunjom hadn’t been killed in almost a decade. The last was in April 1968, when North Korean guards ambushed a truck en route to the JSA, leaving two Americans and two South Koreans dead. “About 20 bullet holes could be seen in the shattered front windshield of the truck,” the military newspaper Stars and Stripes reported. “Both headlights were blasted out. Three of the tires were punctured, and at least 40 rounds had ripped through the truck’s rear canvas cover.” An observer commented, “I don’t see how anybody survived this.”

In the years that followed, the JSA reverted to its norm: an uncomfortable state of high alert and suspicion. “The combination of physical, psychological, political, diplomatic, and military stresses,” George Chobany, the officer who led the QRF on the day of the ax murders, later wrote, “made duty in the JSA unlike duty just about anywhere else in the world.” Only certain men were chosen for the job. Members of the ROK contingent, known as the Korean Augmentation to the United States Army, tended to come from influential South Korean families and performed well on English tests. On the American side, recruits had to score more than 110 on the Army’s General Technical exam, an academic-aptitude test, and ideally have no black marks on their disciplinary record. They also had to be at least six feet tall—for maximal intimidation factor—and have a mellow temperament.

When men arrived on deployment in Seoul, an Army representative referred to as the turtle catcher sought out the tallest among them who met other basic requirements and asked if they’d like to volunteer for special duty. Those who said yes were taken north for further interviews and tests—for instance, soldiers screaming at them suddenly and for no apparent reason. The idea was to see how they might handle being cursed at and spit on in the JSA, because that would absolutely happen. North Korean soldiers in Panmunjom were instructed to be provocative, while their U.S. and ROK counterparts were under strict orders not to take the bait.

North Korean soldiers in Panmunjom were instructed to be provocative, while their U.S. and ROK counterparts were under strict orders not to take the bait.

Much of the resulting gamesmanship was childish. Technically, the JSF fell under what was called the United Nations Command—another bureaucratic by-product of the armistice—and when leadership put floodlights on the exterior of the UNC headquarters, North Korea responded by erecting bigger, brighter lights at its main station. KPA guards sometimes taunted African American soldiers with racist gestures and placed boards covered with nails, pointed ends up, along the routes of UNC vehicle patrols. A stranded jeep was an opportunity for harassment, so if tires punctured, drivers were told to continue driving on flats.

U.S. soldiers weren’t innocent of mischief. They liked to play hopscotch on their half of the Bridge of No Return, drop their pants to moon guards on the other side, and sneak up on the KPA barracks in the middle of the night to pound on the walls until everyone inside was awake. On winter nights, they sometimes poured water on the steps of North Korean checkpoint buildings, so that the guards who arrived the next morning would slip on the ice.

By 1976, however, fatuous competition and pranks were giving way to renewed KPA aggression. In June of the previous year, a North Korean journalist spat on U.S. Army major W.D. Henderson as the two men sat on a bench arguing. When Henderson struck the man, KPA guards surrounded the major, stomped on him, and crushed his larynx, necessitating his evacuation from Korea. Several months later, a JSF guard on jeep patrol, Michael Brouillette, was assaulted when he took a detour near the Panmungak pavilion, North Korea’s main building in the JSA. Brouillette’s arm was broken, and he was later awarded a Purple Heart.

Keeping cool in the face of violence was a matter of U.S. policy, but that didn’t mean that the Americans simply turned the other cheek. In early 1976, at the suggestion of a soldier in , led by Lieutenant David Zilka, night patrols began carrying larger clubs—ax handles instead of riot batons—for protection. At the next joint security meeting, the North Koreans ranted about “Zilka’s Mad Dogs, who patrol the JSA at night and carry big sticks!” Second Platoon proudly adopted the Mad Dogs nickname.


Major General John Singlaub was in a staff meeting of the Eighth Army Command in Yongsan, a garrison in Seoul that served as the U.S. military headquarters on the Korean peninsula, when he got word by phone that two Americans had been killed in the JSA. Singlaub, who’d cut his teeth parachuting behind enemy lines during World War II and now wore two stars on his uniform, knew that nearly every U.S. official required to initiate a response to the murders was currently out of the country. General Richard Stilwell, the commander of all U.S. forces in Korea, was in Japan, making his last official visit before retiring from the Army after 38 years and three wars. Stilwell’s deputy, Air Force lieutenant general John Burns, was logging his monthly flight hours. And the American ambassador, Richard Sneider, was on holiday in the United States. “I was the man on the spot,” Singlaub later wrote in a memoir.

Singlaub sent a jet to Japan to retrieve Stilwell, then called the general to let him know that a plane was en route. “Sir, I think you should return to Seoul immediately,” Singlaub said. Stilwell considered the minimal amount of information he was able to receive over the unsecure line and asked his chief of staff to do two things while he flew back to Seoul. The first was to request an urgent security meeting for the following day, so that he could deliver a message to Pyongyang that its aggression would have swift, severe repercussions. The second was to prepare all units in Korea for a shift to Defcon-3, should the order come from Washington. Defcon, short for defense readiness condition, ranges from 5 (normal) to 1 (nukes are flying). Defcon-3 would involve American forces gearing up for possible combat.

The North Koreans were already broadcasting their version of events via Radio Pyongyang. “Around 10:45 a.m. today,” a bulletin announced, “the American imperialist aggressors sent in 14 hoodlums with axes into the Joint Security Area to cut down the tree on their own accord, although such work should be mutually consented beforehand. Four persons from our side went to the spot to warn them not to continue the work without our consent. Against our persuasion, they attacked our guards en masse and committed a serious provocative act of beating our men, wielding murderous weapons, and depending on the fact that they outnumbered us. Our guards could not but resort to self-defense measures under the circumstances of this reckless provocation.”

Barely five hours after the killings, North Korea showed its cards to the world. Pyongyang had sent a delegation to a meeting of the Non-Aligned Movement—a collection of countries that never officially chose a side in the Cold War—which was being held at the time in Colombo, Sri Lanka. The North Koreans distributed a document to the gathered representatives describing the fight in the JSA in terms similar to those used by Radio Pyongyang, then introduced a resolution calling on the conference to order the withdrawal of U.S. forces from the Korean peninsula. It passed easily.

To American leaders, the timing was hardly coincidental. Singlaub considered the response from Pyongyang to be “clear confirmation that the murders had been part of a carefully planned campaign designed to force American troops out of Korea.” A memo prepared for the deputy national security adviser suggested that the highest levels of the North Korean regime had likely approved the attack at the poplar tree. The goal, the memo stated, may have been to provoke American troops to “over-react with firearms,” creating an international incident that could influence world opinion and the upcoming U.S. presidential election, which was less than three months away. A CIA report titled “DMZ Incident,” delivered by the agency’s director, George H. W. Bush, to secretary of state Henry Kissinger, described North Korea’s endgame: “If U.S. forces withdraw, if U.S. resolve appears seriously weakened, we believe the North might well act on its overriding goal of unification and seize the opportunity to achieve it militarily.”

The scary thing was that, given the opportunity, North Korea might well succeed. In 1970, a U.S. intelligence assessment had found “general parity” between North and South Korea’s military forces. But four years later, analysts noticed that North Korea was diverting concrete and steel into new, unknown military developments—a worrying development that, with the Pentagon’s attention focused on Vietnam, had gone largely unnoticed. Further review of satellite imagery led to a “horrifying” revelation, as the officer at the National Security Agency assigned to solve the mystery put it. Somehow the intelligence establishment had missed an enormous military buildup, despite U.S. armed forces being parked right next door.

Somehow the intelligence establishment had missed an enormous military buildup, despite U.S. armed forces being parked right next door.

Every line item stunned the Pentagon. North Korea’s armored divisions were 80 percent larger than those described in the 1970 assessment, and the country didn’t have 21 divisions of 10,000 combat troops each; it had 41. The intense, increasingly aggressive Kim had at least 2,000 modern tanks and 12,400 artillery pieces, most of them deployed to fortifications along the DMZ, within easy firing range of U.S. and South Korean forces, as well as fighters and bombers parked in hangars constructed inside mountains and reinforced with all that concrete and steel—save the portion used to build an extensive series of tunnels under the DMZ itself, including one big enough to accommodate a full combat division, with artillery.

According to Singlaub, the United States was forced to accept the “troubling, seemingly unbelievable conclusion” that “Kim Il Sung was poised to invade South Korea,” perhaps by engineering a false-flag attack. Kim may have been telegraphing this fact when he told a Japanese journalist five months before the ax murders that his country planned to “stir up world opinion more vigorously” by publicizing America’s “criminal barbarities.” The CIA believed Pyongyang would use the publicity around the JSA fight to garner allies and sour the American public’s view of the country’s military presence in Korea, to the point that U.S. forces would leave, clearing a path for the north to invade the south. There was reason for Pyongyang to think that possible: The long, bloody slog of Vietnam had worn thin Americans’ patience for war, and on the presidential campaign trail, a Georgia peanut farmer named Jimmy Carter was agitating to withdraw American soldiers from Korea.


General Richard Stilwell (U.S. Government)
General Richard Stilwell (U.S. Government)

When Stilwell landed at Kimpo Airport in Seoul, Singlaub met his boss and briefed him in the car on the way to Yongsan. The two had known each other for 25 years, since Stilwell ran the Far Asia division of the CIA and Singlaub served under him. When Stilwell got his fourth star and was given the prestigious Eighth Army Command, he picked his old friend to be his chief of staff. Now the men sped toward base, discussing how to respond to the murders. As Stilwell saw it, there were relatively few options—three, really. The United States could do nothing, but that would be seen as weak. It could launch a massive retaliatory response, with bombs and rockets, but that might start World War III. Or U.S. forces could do something “meaningful,” an action that sent a message but wouldn’t result in American casualties. Stilwell favored the third option, but what meaningful thing could U.S. forces do? And what if the North Koreans overreacted, igniting the very war Stilwell had hoped to avoid?

By the time Stilwell arrived at the newly designated war room, a concrete basement at Yongsan, it was 2040 on August 18, and he had a plan in mind. U.S. forces needed to reassert control before the situation in the JSA slipped further into chaos. Because the fight had started at the poplar tree, Stilwell reasoned, the response should be focused there, too. “That damned tree must come down,” he told Singlaub. Not only that, but the JSF needed to destroy the two checkpoints near CP3 that North Korea had installed without approval. They’d stood long enough.

The mission was a matter of both tactical necessity and principle, and in theory it could be done quickly and in a way that appeared to respect the parameters of the armistice. But there was a way to make a louder point, too. Chopping down the poplar would be a real threat if, in Singlaub’s words, it was accompanied by a “massing [of] American air, ground, and sea power to remind the North Koreans of the nature of their opponent.” Stilwell had the perfect name for the mission: Operation Paul Bunyan.

3

The security meeting that Stilwell had ordered Singlaub to organize was held the morning after the murders. It was a gathering of the Military Armistice Commission, comprised of North and South Koreans, Americans, and neutral-nation observers—Czechs, Poles, Swedes, and Swiss—who oversaw implementation of the peace agreement and mediated disputes in the JSA. The MAC headquarters, a narrow, single-story building with blue walls, parallel banks of windows, and well-worn office furniture, had seen its share of one-upmanship and sabotage. In the early days of the armistice, each side had attended MAC meetings with a progressively bigger flag to place before its delegation, until they could no longer fit comfortably in the room. More than once KPA soldiers were seen shining their boots with an American flag. Later the U.S. side assigned guards to protect its microphones, because the American delegates were concerned that the North Koreans would cut the cords.

The meeting on August 19 was different, because the stakes were unprecedented. Normally, a U.S. honor guard attended in Class A uniforms: white helmet, blue satin sash, polished boots. That day, members of the JSF had been on alert for nearly 24 hours. They were dirty and sweaty, wearing combat fatigues and scuffed boots, and they were seething at the deaths of Bonifas and Barrett. According to one observer, they “marched in with a force and purpose like never before,” forming a cordon as Rear Admiral Mark Frudden, the senior U.S. representative at the meeting, strutted from his car to the conference room in impeccable dress whites.

Press swarmed and flashes popped as Frudden and other officials arrived. A TV camera panned the tense scene, pausing for a moment on the exhausted face of John Pinadella, who was  a member of the honor guard. Later that night, when the footage played on the evening news across America, Pinadella’s father would relax for the first time since the announcement the previous day that two unnamed soldiers had been murdered in Korea. His son was not one of the dead men.

Frudden opened the meeting by delivering a written message from Stilwell. “The UN Command views this brutal, vicious act with gravity and concern and warns that such violent and belligerent acts cannot be tolerated,” Stilwell wrote. “North Korea must bear full responsibility for all consequences.” As expected, emissaries from Pyongyang pushed back. North Korea had fully denied the 1968 killings of the men in the truck, and this time, too, it claimed innocence. American soldiers provoked the violence, the country’s representatives said. This was often how it went at MAC meetings: The Americans complained about KPA aggression, and North Korean envoys pretended nothing had happened—or flipped the blame back on their adversaries.

This time, though, the Americans had evidence of murder: the photos that Shaddix had taken from OP5. Shaddix had used Ektachrome, a high-end Kodak color film, and because there wasn’t a single facility in South Korea that could process it, the Army had overnighted the film to Japan with orders that it be developed and returned by the following morning, in time for the MAC meeting. Now an aide spread the damning pictures out on the table as Frudden read more of Stilwell’s message. “Your guards took the very axes meant for peaceful uses,” it said, “and turned them into instruments of death.”

“Your guards took the very axes meant for peaceful uses and turned them into instruments of death.” 

South of the JSA, U.S. staff sergeant Charles Twardzicki of the Second Engineer Battalion was summoned for a special assignment. It was Twardzicki’s 25th birthday, and he was supposed to have the day off. Instead, he and a lieutenant would drive north, change into a uniform from one of the JSA’s neutral nations, and go on a recon mission in Panmunjom. Their task: to get a good look at the poplar and decide how to chop it down. There wouldn’t be enough time for measurements, so the men would have to suggest a plan after merely eyeballing the tree.

The lieutenant was supposed to brief various commanders, but he got caught up in another meeting, so Twardzicki, an enlisted man, was tasked with delivering the intel to a room twinkling with brass. The sergeant stood sweating as generals and admirals—“lots of stars and eagles,” he recalled—breezed past him into the meeting room, where they aired their opinions on how best to take down the poplar. “The Navy said, ‘We can come in close with a battleship and drop a round right in there,’” Twardzicki recalled. “The Air Force said they could smart-bomb it, and I think the Marines were of the mentality that, ‘We’ll low-crawl in and use our bayonets and whittle it to the ground.’”

Finally, attention turned to Twardzicki. What did the engineer think?

To sever the tree at its trunk, he replied, would require a large saw powered by air-compressors, which would mean transporting heavy equipment to and from the JSA. If Stilwell was looking for speed and stealth, though, the engineers could work the old-fashioned way: by climbing into the tree and using chainsaws to cut the branches where they forked until only the trunk remained. The job wouldn’t be pretty. Saws would break, but the engineers could bring extras.

What about a backup plan, the commanders wanted to know—how long would it take for the engineers to set charges on the tree and blow it to smithereens? Twardzicki, an explosives expert, said that he could prepare satchel charges and rig them in the crotch of the tree in about two minutes. The engineers wouldn’t have much time to exit the blast zone. “They’ll be pulling toothpicks out of their butts,” Twardzicki told the room. He felt as if he were spitballing—there was, he later said, a “pull-it-out-your-butt fudge factor” to the whole conversation.

Later that day, one of Twardzicki’s platoon mates, Bruce Simpson, was also called in for his opinion. Simpson was a 23-year-old specialist who had worked for a landscaper back home in Massachusetts, making him the only guy on the engineering squad with actual expertise in cutting trees.

“How long will it take?” an officer asked, referring to Twardzicki’s plan.

Simpson considered the question for a moment. There was driving and parking and setting up a ladder and climbing into the tree and starting the chainsaws and accounting for a few of them conking out. Then, once the branches fell, the men would have to cut them into pieces and drag them off the road, so that they didn’t give the North Koreans another reason to complain. Finally, the soldiers would have to drive out of the JSA.

“Probably 45 minutes,” Simpson answered.

Was he certain of this?

“Yep. I can guarantee it,” Simpson said, even though he couldn’t.

This was good enough for the brass.

At 1300, Kimpo International Airport was closed for an hour for a somber event: a memorial service for Bonifas and Barrett. Stilwell presided over a short ceremony, during which Bonifas was posthumously promoted to major and both men received Purple Hearts. Afterward the caskets containing the men’s remains were placed on a plane and sent home. Stilwell then flew north, where he presided over a second memorial service at the officers’ club at Camp Kitty Hawk. The general stood next to Bonifas’s and Barrett’s boots, which were on display in front of a small altar, and as he finished his remarks, he told the troops who packed the room that something big was going to happen—an important action, which they would lead. On that ambiguous note, he headed to the helicopter that took him back to Seoul, where the plans for Operation Paul Bunyan were quickly filling up a binder.

Singlaub wrote, “The key elements were surprise, speed of execution and withdrawal, and avoidance of direct engagement with North Korean troops.” The job of cutting down the tree would fall to a pair of eight-man teams from the Second Engineer Battalion, Twardzicki and Simpson’s unit, and they would be protected by two platoons of U.S. and ROK infantrymen and a contingent of South Korean special forces. Behind them, just beyond the JSA border, would be an ROK recon company reinforced with U.S. anti-tank missile teams. An infantry company of about 150 men would hover in 20 Huey helicopters, with 12 AH-1G Cobra gunships flying alongside them. Tank-busting F-4 Phantoms would fly in slightly higher orbit, and F-111 strategic bombers would orbit higher still, visible on North Korean radar.

Forces would mobilize on the ground, too. Three batteries of American 105-millimeter howitzers would move across the Freedom Bridge, the only permanent span over the Imjin River, which skirted the southern edge of the DMZ. Twardzicki and other engineers had already wired the bridge for destruction in the event of war. On the opposite side of the Imjin, three more batteries of ROK heavy artillery would be placed in clear view of North Korean positions. Lastly, at the moment the tree-trimming convoy rolled into the JSA, “a massive flight of B-52 bombers from Guam would be moving ominously north from the Yellow Sea on a vector directly to the North Korean capital,” Singlaub wrote, while the USS Midway carrier group, which would have moved to Korea from its base in Japan, “would launch 40 combat aircraft” to “vector north above international waters.”

Once the plan was complete, Stilwell needed Washington’s approval, but he was worried about D.C. officials’ penchant for micromanagement. He’d watched politicians muck up numerous operations in Vietnam, and his deputy, Lieutenant General Burns, had seen it first-hand in 1975, after Khmer Rouge soldiers in Cambodia seized the container ship SS Mayaguez, prompting an infamous botched rescue mission. Burns was in Thailand, overseeing air support for a Marine assault on the island where the Mayaguez hostages were thought to be held, when the White House had intervened, using a command-override channel to reach the helicopters directly. According to Singlaub’s account, Air Force pilots were shocked to hear their controllers’ voices replaced by that of a civilian—specifically, Henry Kissinger, who had no direct authority over a military operation. Singlaub claimed in his memoir that Burns was about to order the Marines not to land on the island, where an ensuing battle and chopper crash killed 41 U.S. soldiers, but couldn’t because of the override. “Kissinger bypassed the entire local command structure and fouled up the operation,” Singlaub wrote. “We were determined this would not happen to us.”

Stilwell dictated the memo for Operation Paul Bunyan over a secure line to the Pentagon, and he chose his words carefully. This was not the starting point for a conversation—it was a final document that didn’t require further comment or conversation. He described the range of North Korea’s possible responses: It might do nothing, which he hoped would be the case; it might react with small-arms fire, which could be met with mortars and gunfire to cover an evacuation of U.S. and ROK forces; or Pyongyang could panic and stage a larger attack. “We would then have to be ready for more important actions,” Stilwell said. “In between the two extremes are a legion of possibilities which could make precise control of escalation difficult to manage. We will need good local communications, cool heads, and thorough understanding of the mission.”

Stilwell waited until late at night Korea time to send the message. He knew the Ford administration was eager to move quickly, and he wanted to limit the amount of time for possible meddling, so he requested a green light within 24 hours. Once he got it, the mission could launch at dawn on August 21.


When top national-security officials met at the White House to discuss the ax murders, Ford wasn’t there—the president was in Kansas City, Missouri, for the Republican National Convention, facing supporters of an ornery upstart challenger named Ronald Reagan. Ford wasn’t the only top decision-maker absent: Secretary of Defense Donald Rumsfeld was also at the convention, and the chairman of the Joint Chiefs of Staff was traveling, forcing the deputies for both to take their seats at the table in the Situation Room.

Kissinger dominated the meeting, expressing frustration that the U.S. soldiers at the poplar hadn’t fought back. “If I had been one of those men and was being beaten to death,” he remarked, “I would have used a firearm.” Now he firmly supported retaliation. “If we do nothing, they will think of us as the paper tigers of Saigon,” the secretary of state said. “There may be another incident, and then another.”

“If we do nothing, they will think of us as the paper tigers of Saigon. There may be another incident, and then another.”

Some officials went so far as to suggest dropping smart bombs, staging B-52 attacks, and coordinating assaults by Airborne Rangers. The acting chairman of the Joint Chiefs floated a plan to use a submarine or Navy SEALs to blow up an “industrial site” at a North Korean harbor, but he backed off the idea after assessing that the chances of pulling it off without casualties was slim. Ultimately, none of the men wanted dead Americans on his conscience, nor did he want to be blamed for starting yet another war in Asia.

According to a declassified transcript of the meeting, the advisers decided to “seek presidential approval of a military action to cut down the tree and try to do it in such a way as to avoid confrontation.” This was the basic premise of Operation Paul Bunyan, and like Stilwell, the men in Washington wanted to do more than merely dispatch soldiers with hedge clippers—they, too, wanted to demonstrate military might. “It will be useful for us to generate enough activity so that the North Koreans begin to wonder what those crazy American bastards are doing or are capable of doing in this election year,” Kissinger said. Yet he was as wary of Stilwell as the general was of the secretary. “We are not going to let Stilwell run loose,” Kissinger warned.

While Washington spent the day reviewing the memo for Operation Paul Bunyan, armed forces in Korea were ordered to go to Defcon-3. It was the first time the U.S. military had raised its alert status in the region since the Korean War. Washington also launched a military mobilization of breathtaking scale. The Pentagon staged an “exercise” that routed B-52s armed with conventional and nuclear weapons uncomfortably close to Pyongyang. A squadron of F-4 fighters flew from Kadena Air Base in Okinawa to Korea and was joined by a squadron of nuclear-capable F-111 fighter-bombers dispatched from Idaho. The USS Midway was sent toward the Korean peninsula from elsewhere in the Pacific, while RF-4D reconnaissance planes and Wild Weasel air-defense-suppression jets arrived from bases in Japan and the Philippines after flying within range of North Korean radar. Two infantry divisions, one American and one South Korean, were pushed forward from their bases south of the Imjin River to the DMZ, while conventional and nuclear artillery and missiles were moved into concrete bunkers built in preparation for precisely this kind of emergency scenario. Every military unit in Korea was abuzz with activity; cargo helicopters shuttled munitions and equipment out of Seoul, and truck convoys clogged the roads heading north.

The armed forces also planned for a worst-case scenario. SR-71 Blackbird surveillance jets took off from a base on Taiwan to take detailed photos of North Korean military movements and identify the coordinates of anti-aircraft radar, which lit up as the jets screamed past 80,000 feet in the air. Intelligence analysts would use the coordinates to pre-target Nike Hercules missiles and then, if necessary, launch them in advance of U.S. bombers raining fire north of the DMZ.

The Blackbird was, and still is, the fastest manned plane in history, so there was no reason to be secretive about its mission. The jet was too fast to shoot down—or do anything about, really, other than complain. That’s what the North Koreans did, issuing a proclamation over state radio about the “military provocation” and the drumbeats of war. “The U.S. imperialist aggressors should be clearly aware of the fact that they will never be able to avoid the grave consequences that might arise from such reckless provocations of violating the armistice in Korea,” Pyongyang warned. “They should act discreetly.”


The clock was ticking toward Stilwell’s deadline for a green light. The general was surprised when he received a communiqué asking if it would be possible to mount Operation Paul Bunyan sooner than he’d suggested; the Ford administration wanted it over and done with. Sure, Stilwell replied, he could do it, but the operation would be “ragged,” because he’d have less time to prep his men and move equipment. “We are aware of our solemn responsibility to accomplish the mission with minimum jeopardy to our forces,” he replied. Stilwell reiterated what he’d said in his memo: 0700 on August 21 was optimal. His men could roll in and, if Simpson’s guess was right, cut down the tree in 45 minutes, finishing before 0800, when KPA guards would drive across the Bridge of No Return to assume their positions in Panmunjom for the day.

On the night of August 19, Ford accepted the Republican nomination for reelection, telling the crowd in Kansas City that he was “proud to stand before this convention as the first incumbent president since Dwight D. Eisenhower who can tell the American people, ‘America is at peace.’” The line was written for cheers, and Ford paused to take in the applause of some 2,000 GOP delegates, none of whom had any idea that, halfway across the world, the United States was preparing for war.

Kissinger had flown to Kansas City to brief Ford in person, which he did in a back room of the convention center. The president was nervous about coming off as too aggressive, but he agreed that the United States needed to make a point.

On the morning of August 20, Washington dispatched the order to execute. The message reached Stilwell at 2345 his time, 15 minutes before the deadline. Just under the wire, Operation Paul Bunyan was a go, with only one addendum from Washington: Kissinger insisted that, should the tree mission draw North Korean fire, America would get revenge by destroying KPA barracks near the JSA. Stilwell didn’t like the idea—for one thing, the strikes would land uncomfortably close to the camp housing Swiss and Swede observers of Panmunjom—so he added a caveat: The bombing of the barracks could be executed only on his direct order.

4

Secrecy was paramount. The only way for Washington to monitor the mission in real time was by secure phone, and Stilwell, with the Mayaguez fiasco very much in mind, used this to his advantage. He allowed only two secure lines out of Korea, both connected to the Pentagon. One of them was at his desk in Yongsan, and the other was at his forward command post, where he’d relocate during the mission. From each of those locations was a secure line to the operation task force in the DMZ. In practice this meant that the only way for Washington to communicate with forces in the field was through one of Stilwell’s offices, and the only way to contact those offices was through phones located at the Pentagon. If Kissinger wanted to talk to someone in the DMZ, he’d have to go to the Department of Defense in Arlington, Virginia. Stilwell exerted further control by directing Singlaub and the rest of his staff to leave the lines to the Pentagon off the hook. When his staff needed to speak to Washington, they would initiate the conversation, and when it was over, they would cover the mouthpiece with a Styrofoam coffee cup so that it sounded like they’d hung up.

Singlaub assumed the job of choking off Washington’s access with gusto. He informed his communications officer, a colonel charged with manning the phones in Korea and delivering messages to and from the Pentagon, that his “entire future in the U.S. Army” depended on following the order that “under absolutely no circumstances whatsoever” should he allow “any direct communication from a higher headquarters” to bypass Yongsan. “I don’t care,” Singlaub told the officer, “if President Ford himself is on the other line.” In the event of objections, which were inevitable, the colonel was to say that, unfortunately, the communications system in Korea was incompatible with the one back home, preventing him from patching calls through to the front. This was a lie, and technicians would likely know it, but Washington was half a world away, with no way to open additional lines to Korea. Officials might get mad, but they wouldn’t be able to do anything about it.

A half-hour after receiving this order, the colonel returned with a message. Washington wasn’t happy; it wanted a direct line to the front. The colonel returned again to report that officials in the U.S. capital wanted to know how old the tree was, a pointless question that boiled Singlaub’s blood, and then a third time to say that the lieutenant general in charge of worldwide military communications was personally demanding a secure line to the DMZ.

“I told [him] to talk to you, sir,” the colonel told Singlaub. “He was not exactly pleased.”

“Don’t worry, colonel,” Singlaub replied. “I’m your rating officer, not him.”

There would be no sleep that night, but there would be more bureaucratic conflict. Around 0400, Ambassador Sneider finally arrived in Yongsan, after a daylong flight from the United States. As Sneider entered the war room, Stilwell was on the phone with the commander of the task force. When Sneider realized who was on the line, he reached for the phone. The muscles in Stilwell’s arm clenched as the ambassador grabbed the receiver, and the two men engaged, according to Singlaub, in a “ludicrous tug of war” that the general ultimately won.

“Was there something you wanted me to ask?” Stilwell said politely, if smugly, after hanging up.

Sneider was miffed and reminded the general that he was President Ford’s personal representative in Korea. If Ford had questions for “my field commanders,” Stilwell replied, “I’ll be happy to relay any.”

Stilwell was on the very edge of retirement and so had little to risk in the way of his career by placing obstacles between Washington and the DMZ. His top priority was to not introduce any unnecessary risk into an already sensitive mission. When he met with South Korean president Park Chung Hee to discuss Operation Paul Bunyan, he agreed outwardly with Park’s optimism that the tree would come down and that Park’s hand-selected ROK commandos, who were masters of martial arts, could take on KPA soldiers if it came to that. In truth, Stilwell thought there was a strong chance the North Koreans would fight back—hard—and once the bullets were flying, it would be difficult, maybe even impossible, to stop the fire from becoming an inferno.

In the war room, Singlaub was thinking about extreme measures. “It was my estimate, shared by many of the staff, that the operation stood a 50-50 chance of starting a war,” he later wrote. “We might be teetering on the brink of a holocaust. If North Korea did invade, we would have no choice but to request authorization for the first use of nuclear weapons since World War II.”

Just before dawn, Singlaub took a moment to find a quiet corner and pray.

Members of Third Platoon. (Courtesy of Wayne Johnson)
Members of Third Platoon. (Courtesy of Wayne Johnson)

At 0500, members of the JSF were awoken and instructed to move “as quietly and expeditiously as possible” to a barracks. Once they were assembled, groggy-eyed, the briefing began. Before them stood their platoon leaders and captain Ed Shirron, who’d replaced Bonifas. Shirron announced a surgical mission into the JSA to cut down the poplar tree, backed up by tremendous force. “The way it was explained, it sounded like it was going to be the most carefully staged and concentrated display of power since D-Day in World War II,” then private Bill Ferguson recalled.

The mood was heavy, the room silent. After nearly 48 hours of wanting revenge but being allowed to do nothing—of wondering what was going to happen along one of the world’s most precarious military fault lines—the JSF was being asked to finish the job that had started the crisis. The plan was invigorating, and also terrifying. Every man who worked in the JSA knew the rumor that, by taking up his post, he was automatically known to the Army’s Graves Registration Service, which handled retrieval, transportation, and burial of soldiers killed in the line of duty; that way, if the North Koreans ever launched a fusillade and wiped Panmunjom from the map, the Pentagon would know who’d been killed without having to identify them. Now, with Operation Paul Bunyan, the Army was rolling the dice on the men’s lives. “My life expectancy if anything happened,” Ferguson said, “was extremely short.” After the briefing, he wrote letters to his family members, just in case.

The operation would begin at exactly 0700 and involve all three U.S. platoons in the JSF, plus select troops from the Second Infantry Division, the only other American unit based north of the Imjin River. The JSF guards were told that they could take only the most basic defensive gear, including flak jackets, ax handles, and their .45 handguns, which were meant for close range and would be virtually useless against an attacker more than ten yards away. With no idea of what lay ahead, the men snatched up whatever rudimentary weaponry they could hide in their boots and pockets: knives, shoestrings, socks stuffed with rocks. “If there was the slightest chance that we somehow survived,” Ferguson said, “we at least wanted some kind of fighting chance to not become prisoners.”

Twardzicki, Simpson, and the other engineers who would cut down the poplar gathered their chainsaws—about a dozen in all—and piled into two dump trucks to head north. Their commander briefed them one last time.

“If the North Koreans go to stop this thing,” he said, “you know what they’re going to shoot at.”

“The guy with all the stars, right?” Twardzicki replied.

“No, the guy with all the chainsaws.”

At 0648, as the sun was rising, 23 vehicles loaded with soldiers rolled toward the JSA. At the same time, the 20 Huey helicopters carrying the Army rifle company took off and began circling above the DMZ. Cobra gunships, armed with Gatling guns, Hydra rockets, and anti-tank missiles, joined them.

The soldiers sat quietly in the trucks. Ernest Bickley looked at the stitches in his right hand, which patched a wound he’d suffered in the fight that started this whole mess. He wasn’t a smoker, but when an ROK Marine offered him a cigarette, he took it and smoked for the first time. In another truck, two thoughts ran in a loop in Ferguson’s head, both of them from movies. One was a quote from the 1970 western Little Big Man: “Today is a good day to die.” The other was a song lyric from Paint Your Wagon, the Clint Eastwood musical: Where am I going, I don’t know / When will I get there, I ain’t certain / All I know is I am on my way.

Mark Luttrull, Bonifas’s former driver, was a late addition to the unit. He’d told Vierra that he wanted to be at the tree when it came down, and he’d been called to meet with Captain Shirron at 0300. “I’m looking for a radio operator,” Shirron told him. It had to be a volunteer, because the job was dangerous. In battle, the guy with the antenna standing next to an officer was always among a sniper’s first targets.

“You’ve got only a 50-50 chance of returning,” Shirron told him.

“I’ll take the job,” Luttrull replied. Now, in the back of a deuce and a half, he thought mostly of Bonifas, and he wasn’t afraid.

The last stop before the gate to the JSA was Checkpoint 2, where John Pinadella was waiting. Pinadella had a special job: Just before 0700, he was to walk into Panmunjom and observe KPA activity. What was the size of the North Korean force? Had any guards showed up early that day? Pinadella did as he was told and saw nothing out of the ordinary. He returned to the checkpoint and used a field phone to call back to base.

“Go,” he said.

Then Pinadella opened the gate to let the trucks through. In the basement of his checkpoint were ten M16s and 3,000 rounds of ammunition. Pinadella’s instructions were to use them to cover the trucks if they came streaming back in retreat. By then soldiers stationed at camp would be igniting fuel cans and explosives positioned at the door of every building. The camp would go up in flames, ensuring that nothing of strategic value would be left behind for the North Koreans to seize as the men of the JSF fought for their lives.

The camp would go up in flames, ensuring that nothing of strategic value would be left behind for the North Koreans to seize as the men of the JSF fought for their lives.

The first deuce and a half roared through Panmunjom’s gate, turned left, and headed for CP3, the loneliest outpost. It stopped at the poplar long enough for the guards in back to jump out and take up defensive positions around the tree, then the driver backed up onto the Bridge of No Return and parked, effectively blocking any KPA vehicles from crossing. A second truck arrived with a platoon of ROK commandos in civilian uniforms, and they spilled out into a half-circle around the tree. Finally, in a dump truck came the engineers, who immediately pulled out their ladders and saws and got to work.

The chainsaws weren’t prime specimens; they were Vietnam surplus and ran well only when held straight up and down or dead flat. Hold one at an angle and it got wonky. Twardzicki and Simpson prayed that the machines would work well enough. They didn’t want to deploy the backup plan of loading the tree with explosives and running like hell.

Twardzicki mounted a ladder and began sawing into one of the poplar’s three main limbs. He cut a wedge out of the far side, a trimmer’s trick to make sure the branch didn’t fall back on him, then commenced furiously sawing. He was too busy to wonder whether someone somewhere had a sniper rifle aimed at his head. Twardzicki knew that there were layers of security around the tree and up in the air, including the B-52s now circling the scene, their bellies loaded for bear with bombs.

It seemed like no time before the first branch came down. The mass of wood dropped with a thud onto the engineers’ truck, denting the hood. “I vividly remember the crash it made as it fell on the truck, and the cheers we all made—raising our ax handles and yelling,” Ferguson recalled. Engineers on the ground then cut the limb into smaller pieces and threw them into the ditch where three days earlier Pinadella had found Barrett on the brink of death.

By then the KPA had received a communiqué from the UNC, sent strategically—on Stilwell’s orders—at 0705, after the trucks were already in the JSA. It stated that a UNC work party would “enter JSA at 0700 in order to peacefully finish the work left unfinished by the UNC work detail which was attacked by your guards on 18 August.” As long as the KPA didn’t engage, the message said, there would be no violence.


Ferguson and his platoon mates near the tree gripped their ax handles, keeping one eye on the engineers’ trimming and the other on the activity across the bridge. At first the North Korean guards reacted as Stilwell hoped they might. The KPA closest to the bridge appeared confused, and when backup arrived, those soldiers also seemed like they didn’t have orders to follow.

But then a group of KPA guards ran from their barracks to an observation post built on a hill. They set up a machine-gun nest, with barrels aimed across the river. A few minutes later, a makeshift convoy of vehicles—trucks, buses, a clunky old East German sedan—arrived, and about 150 reinforcements with small arms jumped out, taking positions along the Sachon River.

The Americans were prepared for this. A second platoon of men, poised up a hill near OP5, moved forward to reinforce the guards near the poplar. Meanwhile, soldiers from the Second Infantry who’d been waiting near the gate to South Korea moved ahead, too. In full battle rattle, they fanned out along the JSA’s main road, clearly visible to the North Koreans.

The Americans were merely showing force in numbers. Several ROK soldiers, however, reacted differently to the sight of KPA guards taking attack positions. They ripped open their shirts to reveal Claymore anti-personnel mines strapped to their chests. Each man clutched a detonator in his hand and waved it in the direction of the KPA soldiers, yelling at them to cross the bridge and face certain death.

ROK men wearing explosives and howling at their enemies shocked forces on both sides of the river. Luttrull yelled to Captain Shirron, and the unit radioed Vierra at his command post outside the JSA: “Be advised that the ROK special forces have Claymore mines!”

Vierra was furious. This wasn’t just a violation of the armistice; it was a reckless action that put his men, and the entire operation, in jeopardy. To him it seemed that “they had their own plan—to cause the KPA to do something.” He wanted to scream into his command channel for someone to rein in the South Koreans immediately, but he knew that had to be careful with his words. He was already concerned that, if hostilities broke out, he might not be able to control the ROK. “I did not know whether they would follow my orders,” Vierra said. “I did not know their orders.” He held his tongue.

At the tree, Ferguson froze at the sight of the ROK soldiers. Time seemed to warp. “Some things appeared to be in slow motion,” he said, “and other things seemed to happen faster than my eyes and brain could register them.” Then he heard a faint rumble in the air—a thump, thump, thump coming from the south. He looked up. It was a gray day, with a low ceiling of clouds, but not so low that he couldn’t see the source of the sound: a phalanx of U.S. helicopters rising up over the horizon line and hanging there, “seeming to stretch for over a mile.”

Ferguson was suddenly hyperaware of his tenuous place in the world. “Nukes in the air, who knows how much artillery from both sides concentrated on our location, crazy guys with mines on their chests yelling at the North Koreans to come on over, the KPA less than 100 meters away with machine guns trained on us, and me and my buddies are standing around with ax handles and .45s,” he said.

Ferguson took a breath and waited for the rifle crack or puff of smoke that would signal the end. “All I’m thinking,” he recalled, “is that I hope I can take a couple [KPA] with me.”

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Staff Sergeant Charles Twardzicki (right) at battalion headquarters. (Courtesy of Charles Twardzicki)

The engineers in the tree didn’t feel the gathering storm. They were busy wrestling their unwieldy chainsaws through gnarly wood, their arms burning with lactic acid, then trading off the job with other men. Twardzicki in particular was having problems. His chainsaw had stalled. He yanked on the starter once, twice, several times. It flooded. For four or five minutes passed, which felt like hours to everyone watching, Twardzicki fumbled with the machine. “What the hell is going on?” he heard someone ask. Finally, the saw wheezed and whirred back to life, and Twardzicki finished off the stubborn branch.

But there was still more to cut—one last big branch, high up the trunk and difficult to reach. Simpson was standing on top of the dump truck’s roof and leaning out as far as he could without toppling over so that his saw could reach the limb. He was visibly tired from the labor, but he had to keep going; the 45 minutes he’d promised were all the engineers needed would soon be up.

Just then an engineer named George Deason bounded over to the tree. A lieutenant, he’d been with the unit tasked with tearing down the KPA’s two illegal checkpoints. That work had been easy enough. The men had wrapped heavy chains around each structure’s gates and posts, attached the chains to a truck’s bumper, and given the driver a thumbs-up. Now Deason wanted to make his fresh arms useful at the tree. He hopped on top of the truck and took the saw from a weary Simpson. Standing on his toes, with fellow soldiers spotting him, Deason finished off the branch.

With that, the poplar was no more. Its foliage and limbs lay in chunks on the ground, and what remained standing was a sad, serrated trunk in the shape of a fork.

As soon as the final limb was cut into pieces, the engineers jumped back into their truck and drove away. His work finally done, Twardzicki took in the scene and was stunned by one particular sight: a group of ROK commandos, at least a platoon’s worth, emerging from near the Sachon River, where they’d apparently been hiding in dense brush since infiltrating the JSA the night before. They wore camouflage face paint and carried guns and grenades. “They were armed to the teeth,” Twardzicki said. Their covert placement was yet another decision the South Koreans had made without U.S. knowledge.

The first branch fell at 0718, and the last soldiers were leaving the JSA by 0745. Since the convoy had rolled in at 0702, after Pinadella opened the gate, Operation Paul Bunyan had technically lasted 43 minutes—two less than Simpson had predicted, making him look brilliant. When the engineers arrived back at camp, Twardzicki spotted Stilwell. He walked over and handed the mission’s architect the small wedge of wood he’d cut out of the first branch. It was the only piece of the poplar any of the men carried out of the JSA.

5

The North Koreans hadn’t reacted in real time. A U.S. intelligence analyst listening to KPA tactical radio channels later observed that the show of force “blew their minds.” There was no gunfire until 1015, when an overzealous KPA soldier took some pot shots at a U.S. helicopter circling the scene. That fire, Singlaub later wrote, “stopped abruptly when six Cobras banked line-abreast and swung into firing position, their twinkling laser sights directly on the enemy gun position.”

But the crisis wasn’t over. There was still a chance that Pyongyang was plotting a response—which could happen hours or even days later. In the meantime, the Americans had to go about business as usual in the JSA. After all, they’d told the KPA that the chopping of the tree was merely the completion of routine work. For the remainder of August 21, after the helicopters and planes and infantry brigades had pulled back, Pinadella and other guards were left on duty in checkpoints and observation posts, watching their KPA counterparts and analyzing every move. “Those were the scarier moments,” Pinadella said. “The task force was gone, and now we were just out there by ourselves listening to the North Korean tanks rumbling off in the distance.”

U.S. and South Korean officials held their breath waiting to hear what Pyongyang would say about Operation Paul Bunyan. There was mostly silence, even on propaganda channels. Then, around 1200, an urgent request arrived: The North Koreans wanted a meeting of the MAC.

The body convened late that afternoon, and because the meeting had been called so suddenly, there was less pomp than normal. According to U.S. embassy reports summarizing the event for Washington, the atmosphere was “calm and quiet.” The KPA delegation seemed “chastened,” as one diplomat put it. There was no bluster, no talk of imperialist aggressors or imminent war. In fact, the only people in the room who seemed peeved with the United States were the neutral-nation observers, who’d been given no advance warning of the operation. They “were cold and refused to acknowledge the U.S. rep’s salute,” a CIA report noted.

Pyongyang’s senior representative glumly read a message from Kim Il Sung. The note expressed “regret” over the August 18 incident and stated that it was Kim’s hope that both sides would make efforts to prevent anything like it from happening again.

Luttrull was on guard outside the windows of the conference room that afternoon and watched the exchange. He saw Pyongyang’s emissary, his head bowed in contrition, pass the note from the Supreme Leader across the table to Admiral Frudden, who shot back, “That is not enough!’” Luttrull felt the same way. Bonifas’s killing haunted him, and he regretted that he hadn’t been at the tree when Bulldog attacked. “I might’ve fired,” Luttrull said. “Even though I knew that was against the rules, and I could’ve started a war, I might’ve done it.”

Later that day, a press officer at the State Department echoed Frudden’s retort, telling a reporter that the message from Pyongyang didn’t go far enough to satisfy the United States. At the very least, Washington wanted a full public apology. But Kissinger, conscious of the president’s desire to end the crisis and move on to dealing with his reelection, quickly walked the statement back. “We consider this a positive step,” the State Department clarified.

Certainly, the North Korean response was unprecedented: It was the first time Pyongyang had expressed any responsibility for violence in the DMZ. The message from Kim was also the first that North Korea’s leader had personally sent to the UNC in its 23-year history of enforcing the armistice.

In the days that followed, stress in the JSA remained high. Every man was aware that the mission could have ended differently, with twitchy ROK commandos or KPA guards opening fire at their enemy. “The scuttlebutt was that they already had the telegrams printed to our parents and loved ones,” Pinadella said. Amplifying tension was the fact that American forces were still at Defcon-3. “They flew the B-52s for days afterward,” Pinadella recalled, and the JSF guards knew that the planes’ silhouettes, tens of thousands of feet in the air, preoccupied the KPA. “We’d be close to the North Koreans, like a couple of feet away, and we’d point up in the sky,” Pinadella said. “I used to point and do a whistle, like a bomb’s sound, and say, ‘Kaboom!’—North Korea gone!”

The next MAC meeting, on August 25, provided the balm that Panmunjom needed. This time the North Koreans proposed something historic: a permanent barrier, which neither army would be allowed to cross, to be erected along the international demarcation that cut through the JSA, ending almost a quarter-century of free movement. The UNC supported the idea, and it was formally adopted on September 6. Two days later, the Joint Chiefs of Staff reverted troops to Defcon-4, and the USS Midway departed Korean waters for its base in Japan. There would be no World War III over a tree.

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Private John Pinadella (top) in the remains of the tree. (Courtesy of John Pinadella)

Stilwell retired as scheduled, on November 1, 1976, and he always spoke in rote, soldierly terms about the dramatic mission to chop down the poplar. It “was a simple military operation performed with precision and discipline,” he once told an interviewer. Singlaub was more reflective. “The only reason Kim Il Sung finally backed down,” he wrote in his memoir, “was that we made him understand the danger he faced.” In the summer of 1976, North Korea’s leader was arguably bolder and more powerful than he’d ever been on the international stage, and he used the dispute over the tree to flex his newly honed military muscle. But Kim underestimated his adversary—in particular, its willingness to resist aggression with threats of its own.

The men who participated on the ground in Operation Paul Bunyan went back to their regular deployment duties, and later to their personal lives. Twardzicki saw a story in Stars and Stripes in which the wife of an F-4 pilot told the reporter how worried she’d been about her husband during the mission, flying 30,000 feet over Korea. Oh really? Twardzicki remembered thinking. How about the guy with the chainsaw? Looking back, he said, “that one event probably made my career—to be the guy who cut the tree down. I didn’t know whether they expected me to be expendable or important.” Pinadella, meanwhile, learned that his mother, a lifelong Democrat who’d been campaigning for Jimmy Carter in 1976, cast a vote for Ford that November “because he didn’t escalate” in Korea.

Ford lost the election, and in 1977, when Singlaub publicly opposed President Jimmy Carter’s proposal to remove troops from Korea, the general was relieved of his duties in Yongsan. Two years later, facing political pressure and intelligence reports of Pyongyang’s continued military strength, Carter relented on his plan, and U.S. soldiers stayed in place. By the 1990s, South Korea had assumed sole responsibility for defending its side of the DMZ. American guards remained close by to serve as reactive support if necessary. They are still there today, stationed at a base rechristened Camp Bonifas.

The concrete barrier requested by Pyongyang went up in the JSA in the fall of 1976. More than four decades later, it was at this divider, erected because of Operation Paul Bunyan, that North Korea’s Kim Jong Un and South Korean President Moon Jae-in met to discuss bilateral relations and denuclearization. On April 27, 2018, the sworn enemies strode to the barrier, stood on either side, and shook hands. Then Moon invited Kim to step over the curb into South Korean territory—the first time a North Korean head of state had crossed the border since 1953.

The poplar tree is gone, even the trunk. Its former location is marked with a stone memorializing the deaths of Captain Arthur Bonifas and First Lieutenant Mark Barrett. The tree, though, never really went away. A week after Operation Paul Bunyan, Larry Shaddix took a crew into the JSA to retrieve the poplar’s dismantled branches, which were still lying untouched where the JSF had left them. The men secured the trees remains in a fenced lot that the Army used for storage; only Shaddix had a key. “The tree became very popular after the incident,” he said.

Pieces of the poplar ended up in various hands, but the chain of custody—exactly who got what, when, and where they took it—isn’t always clear. Several soldiers assigned to the JSA took thin slices, which they shellacked and mounted in offices and homes. Bruce Simpson’s hangs above his desk at Fort Leonard Wood in Missouri.

The section given to Stilwell, who died in 1991, was hung on a wall at the National Military Command Center in the Pentagon, alongside a plaque reading, “This wood was taken from a tree at Panmunjom. Beneath its branches two American officers were murdered by North Koreans. Around the world, the tree became a symbol of communist brutality and a challenge to national honor. On 21 August 1976, a group of free men rose up and cut it down.”

Ordinary Person, Wild Radical

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Ordinary Person, Wild Radical

Seventeen years before the Stonewall Riots, Dale Jennings proclaimed to a California court that he was a homosexual. It was the first glimmer of a civil rights revolution. This is the story of an unsung, and reluctant, hero.

By Peyton Thomas

The Atavist Magazine, No. 80


Peyton Thomas is a novelist and journalist who has written for Vanity Fair and Now magazine, among other publications. They are the recipient of a Lambda Literary Fellowship, a Bill 7 Award, and a Norma Epstein Foundation Award in Creative Writing. 

Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Adam Przybyl
Illustrator: Ellis van der Does

Acknowledgments: Special thanks are owed to the librarians and archivists of the Toronto Reference Library, the ONE National Gay and Lesbian Archives, the Los Angeles County Superior Court, the Delmar T. Oviatt Library, and the Homosexual Information Center. This project was made possible by the generous assistance of Eric Slade, Loni Shibuyama, Will Fellows, Ellen Jarosz, Jon Marans, and Bill and Jonathan Shibley. 

Published in June 2018. Design updated in 2021.

Prelude

Where seven men once stood, only four remained. They were silver haired, with wrinkles cross-hatching their papery skin. Under a searing California sun they moved slowly, tilting on metal walkers and wooden canes. Half a century prior they’d risked everything—investigation, imprisonment, even death—to gather in dim basements and curtained living rooms, away from prying eyes. They’d formed a circle, joined hands, and recited a pledge in hushed unison: “We are sworn that no boy or girl, approaching the maelstrom of deviation, need make that crossing alone, afraid, and in the dark ever again.” Now, on a bright afternoon in the summer of 1998, they were gathering for one last meeting of the Mattachine Society.

If you know the story of the Mattachines, it’s likely only in brief, as an inconsequential prelude to a revolution. The Stonewall uprising of 1969, that glorious cavalcade of shouting and smoke and shattered glass, has been canonized as the birth of gay activism in America. A national monument stands at the site; in his 2012 inaugural address, President Barack Obama spoke of Seneca Falls, Selma, and Stonewall. Within the LGBTQ community, it might as well be the Big Bang.

Yet the clandestine Mattachine Society, formed in California in 1950, paved the way to Stonewall. Its founders were thinkers and writers, friends and lovers. After a burst of pioneering activism, their work took on a life of its own; in the decades that followed, they drifted apart. Three of its founders died before 1998, when filmmaker Eric Slade convened the survivors in Los Angeles for interviews that would compose his documentary Hope Along the Wind. The men seemed giddy to be together—all but one.

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While the others embraced and whispered the compliments of old men (“You haven’t changed!”), Dale Jennings hung back. So tight was his grip on his walker that his knuckles were white. Eighty years old, he wore a utilitarian blue jumpsuit buttoned fast over his rotund figure. His white, wiry hair stood up straight on his head, as if shocked into formation. When Harry Hay, an old comrade draped in luxurious purple fabric, spotted Jennings, he approached and leaned in for a hug. Jennings parried, lifting his hand for a desultory handshake instead. Within the gesture were decades of painful personal history too complex to exhume in the moment.

Later, seated before Slade’s camera, Jennings summoned his story. Dementia was setting in. As he spoke into the microphone pinned to his lapel, he was fuzzy on specific dates and small details. He contradicted himself. He also recollected without nostalgia. The other men described Mattachine meetings as invigorating. To Jennings, they’d been unbearable bores. “We kept repeating ourselves!” he snorted. “I just sat back and went into a coma.”

A contrarian in his youth and a curmudgeon in old age, Jennings had always cut a complicated figure. Being at the vanguard of a movement never suited him, and he’d struggled to shoulder the hero’s mantle, often wishing that he could shrug it off entirely. It had fallen on him heavy and unsolicited in 1952, in the form of a stranger’s menacing stare. Jennings then carried it into a California courtroom, where he declared himself a homosexual at a time when to be gay was to violate the law of the land. The pronouncement was valorous, and its impact was deeply felt, if not seen, in the years that followed. But when Slade asked Jennings if he would do it all again, nearly half a century after the events that shaped his fate, the elderly man shook his head.

“The answer is no,” Jennings replied. “Absolutely not.”

Act I

When Jennings was a child, his parents never missed an opportunity to proclaim that he was exceptional. Born in Amarillo, Texas, on October 21, 1917, and raised in Denver, he distinguished himself as a gifted violinist. His parents, a working-class salesman and a housewife, pinched pennies to pay for his weekly music instruction. It was a drain on the family’s finances, but the Jenningses were willing to make sacrifices—to a point. When his elder sister, Elaine, requested lessons of her own, she was told that the family could only afford to educate Dale, the nascent virtuoso. “If he was rude or obnoxious,” Jennings’s nephew Patrick Dale Porter wrote in a letter to a longtime friend of his uncle’s, “he was ‘special,’ and it just had to be forgiven.”

After graduating from high school in 1935, Jennings enrolled at the University of Denver. By then his love of music had transformed into a desire to write stories for the stage and screen. Lured by Los Angeles, he left college, moved to California, and rented a converted stable at the corner of Olympic Boulevard and Alvarado Street. The space doubled as the headquarters of Theater Caravan, a ragtag drama troupe that Jennings founded. He designed sets, composed music, hired actors, directed, and performed. Over two years, Theater Caravan mounted some 60 plays. The troupe never earned a substantial income, but it granted Jennings creative freedom the likes of which he’d never experienced before. In a set of photographs from this era, he appears lissome and joyful, clad only in white shorts, leaping into the air like a seasoned dancer. At some point in these carefree years, Jennings married a woman named Esther Slayton.

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Dale Jennings

Then, like many young men of his day, he set aside his professional pursuits to fight in World War II. On November 13, 1942, Jennings walked through the tall gates of Fort MacArthur in San Pedro, California, to spend three months in basic training and then study anti-aircraft technology. He became a technical sergeant and was transferred to Camp Hulen near Palacios, Texas, where he trained in cryptography. In December 1943, he was stationed in the southern Philippines as a member of the 356th Searchlight Battalion. He taught courses on scouting and reconnaissance. In the wake of the historic campaign on Guadalcanal, Jennings was transferred to that island and lived there for a time.

Even in wartime, Jennings couldn’t stop himself from picking up a pen. He volunteered as editor in chief of his battalion’s newspaper. In private moments, according to anthropologist C. Todd White, Jennings kept a diary. He wrote affectionately of his wife, whom he called Tuck. He also described an unnamed man in his battalion with whom he shared a strong, strange connection. “I looked at him today and knew that our friendship is a nighttime thing,” Jennings journaled. “By day, with all his features sharp and clear, I do not know him.”

Away from home, surrounded by men, Jennings began to acknowledge a fundamental truth about his being—and the extent to which the world despised it. “There is a delicate tropic fern … that closes up when touched,” Jennings wrote in his diary one evening. “A design of rich, green living changed in the moment of touching into a withered, brown, dead-seeming wisp of rubble.” Earlier that day, he’d observed two soldiers examining such a fern, poking at the fronds and laughing as the leaves shriveled. One man called it a cannibal plant; the other disagreed. “They’re a homosexual plant,” Jennings recalled the second man saying. “Use their pollen on themselves.”

“Somehow,” Jennings concluded, “I was very angry.”

After two years and 15 days of duty, Jennings returned to Fort MacArthur on Christmas Eve 1945. He was decorated with several medals and a Philippine Liberation Ribbon with one Bronze Star. On January 2, 1946, he was honorably discharged. Six months later, he divorced Slayton. He resolved to rekindle his career in Hollywood and to explore sex with men. But he didn’t brand himself gay. According to White, who studies the history of LGBTQ organizing in California, Jennings once wrote that declaring himself attracted to men “would be like tattooing a target on one’s chest; it would be the equivalent of suicide.”


This had been the case since the earliest days of the republic. The first European settlers in America observed gender nonconformity among indigenous peoples and ruthlessly stamped it out. Colonial legal codes, drawing from the Bible and a 1533 English “buggery law,” regarded homoerotic acts as transgressions on the level of adultery, fornication, and bestiality. The penalty for sodomy could be as severe as death. By the late 19th century, harsh laws remained in effect, but homosexuality nonetheless emerged as an identity cutting across lines of culture and class. Alongside this flowering came backlash, including in liberal Southern California. In 1887, moralists in Los Angeles complained of “sissy boys” who gathered in “trysting places” like Central Park, Pershing Square, and Westlake Park (now MacArthur Park). That year a controversial All Fool’s Night ball drew enormous crowds of cross-dressers—or “drunken prostitutes of both sexes,” in the words of a contemporaneous bit of press, who took part in “vile orgies.” This sort of indignant outcry spurred the Los Angeles City Council to pass an ordinance in 1898 forbidding individuals from “masquerading” as a different gender. In 1915, oral sex between members of the same sex, previously considered a misdemeanor, joined sodomy as a felony under a revised penal code.

Still, the film industry made Los Angeles a bastion of relative freedom. During Prohibition, gay speakeasies were popular; when alcohol became legal again, the establishments multiplied into what historians have referred to as a “pansy craze” of bars catering to gay patrons. Private parties were even more liberated. Hollywood luminaries like George Cukor, director of hits such as The Philadelphia Story and Gaslight, opened their homes to young gay men, lesbians, and “Gillette blades”—early slang for bisexuals, in reference to the double-edged razors. Ben Carter, an African American casting agent, hosted gatherings for black gay men aspiring to careers in show business, providing a space free of both homophobia and racism.

Straight audiences were kept in the dark about the private lives of their favorite stars. Though androgyny enjoyed a cultural moment in the early 20th century, with tuxedoed women like Marlene Dietrich and effeminate men like Rudolph Valentino capturing viewers’ hearts, censors pushed hard for depictions of conventional gender roles. In 1930, Hollywood studios caved to the demands of moralists, unanimously agreeing to the stipulations of the Hays Code, which banned representations of homosexuality in film.

During the postwar period, as part of a widespread cultural embrace of family and tradition, films took a rigid perspective on sexuality. Studios mandated that partners of the opposite sex accompany stars to public appearances. Henry Willson, a prominent talent agent who was privately gay, hired off-duty police officers to watch his closeted clients and keep any jilted lovers quiet. At least once, he used outing as a weapon. When Confidential, a tabloid newspaper, threatened to publish an exposé on Rock Hudson’s homosexuality, Willson bought its silence with a salacious tip about another gay actor, Tab Hunter, who’d been arrested for lewd behavior at a dance party. The Motion Picture Production Association paid the police to keep gay scandals quiet. “Carousing wild men like Errol Flynn and homosexual stars were constantly being picked up by the LAPD,” historian Joe Domanick has written, “but never booked.”

Gay men who weren’t famous were among cops’ favorite targets. If you were a homosexual in Los Angeles in the early 1950s, and you’d never been arrested, you almost certainly knew someone who had. LAPD chief William H. Parker was a hardline reformer bent on rooting corruption out of his force and reducing crime citywide. He was also a bigot. A square-jawed military veteran with an austere crew cut, Parker referred to black people as monkeys and Latinos as the offspring of “wild tribes.” He directed his vice squad to pursue homosexuals by entrapping them and charging them with “lewd vagrancy” and “sexual perversion.” According to historian Lillian Faderman, Paul de River, the LAPD’s head criminal psychiatrist under Parker, wrote that homosexuals were “a grave danger to society” and “seducers of children.” In “sexual orgies,” he added, they were even prone to commit murder.

In 1948, the Los Angeles Times reported that the LAPD kept records on 10,000 “known sex offenders,” a euphemism for homosexuals. 

“Wild Bill” Parker, as he was known in Los Angeles’s gay scene, was an existential threat. In 1948, the Los Angeles Times reported that the LAPD kept records on 10,000 “known sex offenders,” a euphemism for homosexuals. Helen P. Branson, who operated a gay bar in the city, described the cops’ standard playbook in a memoir. “Young and good looking policemen are dressed as ‘gay’ as they know how,” she wrote. “They go into a gay bar, act as they think a gay fellow should act, and wait for someone to talk to them. They offer someone a ride or accept a ride, and that does it. Some of them play fair, inasmuch as they wait for the gay one to make a pass at them, but many others wait only long enough to get in the car before declaring the arrest.”

Across the country, urban law-enforcement agencies were deploying the same predatory tactics. Police in Washington, D.C., arrested more than 1,000 homosexuals per year; in Philadelphia, cops filed an average of 100 misdemeanor charges against gay people every month. But the LAPD had a special advantage: It could recruit undercover operatives from the scads of handsome young men who populated Los Angeles in search of stardom. Rendering the approach all the more insidious, some of the actors recruited by the LAPD were themselves gay. Some vice-squad officers even used entrapment for sexual gratification, sleeping with their marks at night and producing their badges over breakfast. (A macabre joke among gay men of the era was, “It’s been wonderful, but you’re under arrest.”) Black and Latino gay men endured particularly brutal treatment at the hands of the police, while lesbians were subjected to raids on the bars they frequented, along with detentions, beatings, and bogus charges.

Entrapment was only the first act in a long, dramatic nightmare. The maximum sentence for engaging in oral sex was 15 years in prison; anal sex could result in a life sentence. Lesser charges carried strict punishments, too. If a person was found to have violated Section 674a of the California Penal Code (“soliciting or engaging in lewd or dissolute conduct”) or 674d (“loitering in or around a public toilet for the purpose of engaging in lewd or dissolute conduct”), they were required to register as a sex offender until death. Those who plea-bargained usually received two years of probation and an order to refrain from associating with known homosexuals. Many people who ran the gauntlet of the legal system faced further abuse after it spit them out. As a result of their orientations being exposed, their families forced them into asylums, where they often endured castration, hysterectomy, or lobotomy.

Not only did the LAPD terrorize gays, it also rarely deigned to protect them. “We don’t realize the physical danger that the early queers lived in,” Jennings told Slade in 1998. “There were so many that were beaten up and left to die that were never reported…. The police thought, Well, the queer must have made a pass at somebody, so let’s forget it, and that was the end of it.”


In 1950, Jennings married again, to a woman named Jacqueline Carney. “I wasn’t about to be tagged as fag,” he later wrote, “and so leaned over backwards playing it straight.” The couple fought frequently about whether to have children. Carney was aware of her husband’s sexual attraction to men and worried that their offspring would inherit it. “She was afraid it was catchy,” Jennings told Slade. “She didn’t want to bring up a brood of little queers, you know? A silly woman.”

The union was annulled after only a few months. Seeking community and identity, Jennings gravitated toward Los Angeles’s leftist circles, which overlapped with its underground gay scene. He advocated for the civil liberties of Japanese Americans and redress for their internment during World War II. He rubbed elbows with members of the Communist Party, including Bob Hull, a gay music student with sweet, boyish features. It didn’t take long for Jennings to fall in love with Hull. “He was brilliant, absolutely brilliant,” Jennings recalled. “I so admired him.”

Born and raised near Minneapolis, Hull had attended the University of Minnesota, where he was a chemistry student by day and a communist organizer by night. Like Jennings, Hull had come to Los Angeles hoping to make art. One day after a musicology class, his instructor, Harry Hay, slipped him a pamphlet calling for “androgynes of the world” to unite. Hull hurried home and showed it to Jennings. Curious, Jennings tagged along a few days later when Hull and his roommate, Chuck Rowland, ventured to a meeting of like-minded men at Hay’s house.

Years later, when asked to describe the origins of his relationship with Hay, Jennings blinked, exhaled, then burst into riotous laughter. “Oh dear,” he said. “That’s the beginning of a volume as big as War and Peace.”

Act II

The house was tucked behind laurel, oleander, and bottlebrush on a hill in Los Angeles’s Silver Lake neighborhood. It overlooked the vast, picturesque reservoir from which the area took its name. Residents of the two-story clapboard homes lining Cove Avenue could reach the water by walking down a public set of steep concrete stairs. It was up those steps, Hay later wrote, that his guests approached on November 11, 1950. Rowland was clutching the pamphlet Hay had given to Hull. “We could have written this ourselves!” Rowland exclaimed. “When do we get started?”

The answer was now. Hay kicked off the gathering with a speech about “the heroic objective of liberating one of our largest minorities from social persecution.” He was approaching 40 and handsome, with a chiseled jaw, cleft chin, and furrowed brow. When he spoke about the wholly unprecedented and dangerous undertaking of organizing gay men, Hay’s confidence was contagious. As Jennings later put it, “I’d never met such a persistent, omnipresent man in my life.”

Hay had been born the bluest of blue bloods. His parents, Henry and Margaret, met in Edwardian South Africa, where Henry managed the Witwatersrand gold mine under Cecil Rhodes. Hay never lived up to his father’s expectations, never exhibited the discipline and hard work that Henry deemed fundamental to manhood. After an accident in a copper mine left Henry with one leg, the family relocated to Los Angeles. There, Hay developed interests in music, literature, and theater. Henry began to fear his son was a sissy and tried to beat him into normalcy.

Hay’s deliverance arrived at age 11, when he found a copy of Edward Carpenter’s The Intermediate Sex at the library. Carpenter’s book, one of the first to speak positively of “homogenic attachments,” was a revelation to Hay. “As soon as I saw it, I knew,” Hay told his biographer, Stuart Timmons. “I wasn’t the only one of my kind in the whole world after all, and we weren’t necessarily weird or freaks or perverted. There were others. The book said so.…. Maybe, someday, I could cross the sea and meet another one.”

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Harry Hay

In his early twenties, Hay became active in the Communist Party. He performed in agitprop demonstrations and traveled north to raise his fists in the San Francisco General Strike of 1934. He was bothered, though, by the party’s prohibition of same-sex behavior and the Soviet Union’s persecution of homosexuals. Other gays and lesbians in the party opted to conceal their orientations, but Hay struggled to rectify his identity with his politics. He eventually enlisted the services of a psychiatrist, who suggested that he do what everyone else did: marry, have children, and keep his sexuality a secret. Hay followed those instructions to the letter. In 1938, he married fellow communist Anita Platky and officially joined the party. The couple settled in Silver Lake and adopted two children. For the duration of their marriage, which ended in divorce in 1951, Hay never told Platky about his affairs with men.

He also didn’t discuss his evolving views on homosexual identity. In the late 1940s, Hay drafted a prospectus on the topic, drawing inspiration from Joseph Stalin’s definition of nationhood. “A nation,” Stalin wrote in a 1913 essay, “is a historically evolved, stable community of language, territory, economic life, and psychological make-up manifested in a community of culture.” Lineage and genetics, in other words, were secondary to collective values. Stalin devised this definition to restrict potentially fractious ethnic elements in the Soviet Union, but Hay saw it as applicable to an imagined revolution: homosexuals declaring themselves part of a fledgling nation. “We have a territory in common,” Hay said in an interview with Eric Slade, referring to gay neighborhoods and nightlife. “We have a language in common—because, after all, the language of camp, when you come right down to it, is the way by which we can all reach each other almost simultaneously. And we certainly have a common psychology of make-up, which manifests itself in a community of culture.”

Hay became enamored with the idea of forming an organization of homosexuals. In July 1950, he met Rudi Gernreich, a Jewish fashion designer who’d fled Nazi-occupied Austria. The two became lovers. Hay confided in Gernreich about his idea for a group, and Gernreich responded with unbridled enthusiasm. They spent the rest of the summer discussing how to proceed. To gauge interest, they trawled Los Angeles’s gay haunts with a petition opposing the Korean War. As they collected signatures, they engaged men in conversation about the government purging homosexuals from federal employment, an event now known as the Lavender Scare. Most of the men to whom Hay and Gernreich spoke thought that the firings, which had begun that year at the State Department, were a travesty. They balked, however, at the suggestion of forming a gay collective to do something about it.

Months passed before Hay and Gernreich found an ally in Hull and, by extension, Jennings and Rowland—fellow “sexual outlaws,” as Hay later wrote. After the first gathering in Hay’s house, the men agreed to keep meeting to discuss ways to protect their rights and bring more men into the group. After a few conclaves, they decided that they needed a name. Hay searched for inspiration in history and was delighted to discover medieval France’s sociétés joyeuses. The groups of unmarried young men adopted the dress of court jesters—both male and female—and participated in performances critical of the monarchy and the Catholic Church. Central to these performances were folk dances known as les mattachines, which historians described as relics of Pagan fertility rituals. Hay saw contemporary parallels with gender nonconformity and communist agitprop. He wanted to call the new group the Society of Fools, but Hull suggested the more oblique Mattachine Society. “The need to explain the name to others,” wrote Will Roscoe, a historian and a longtime associate of Hay’s, “would give members of the organization the chance to define themselves in their own terms.”

Jennings didn’t share Hay’s obsession with the past. “I thought, Here we were, here and now,” he told Slade in 1998. “Who cares about the Middle Ages?” Still, he couldn’t deny the thrill of being part of something new and progressive. “I became more of a split personality,” Jennings said. “I was an ordinary person during the day, and evenings I became a wild radical.”


Inspired by the Communist Party’s inner workings, the founders of the Mattachine Society shrouded the group in secrecy. The five men formed a steering committee, dubbed the Fifth Order, and shielded their identities. New members would be organized into cells that remained unknown to one another. The society would keep no membership records. Anonymity was security.

The Fifth Order’s first priority was to create a safe gateway for recruits. It settled on a series of public discussions on popular sexual subjects like the Kinsey Report, which in 1948 had proclaimed that some 10 percent of American men were “more or less exclusively homosexual.” The Mattachines hoped the events would attract gay men and women without requiring that they out themselves. On December 11, 1950, 18 people gathered for the first of these discussions. They used clinical, academic language to tiptoe around the topic of homosexuality. The founders scanned the sparse crowd, taking note of any individuals who seemed particularly interested in the conversation. They planned to take those people aside later and invite them, discreetly, to become Mattachines.

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The Fifth Order in 1950.

By April 1951, the society had added only a handful of people to its ranks, including Konrad Stevens and Jim Gruber, who joined the Fifth Order, bringing the founding membership to seven, and Ruth Bernhard, the first female Mattachine. Hay insisted on pomp and circumstance when inducting members, including the recitation of a pledge. “To many a homosexual, who may have lived out years of loneliness or bitterness, believing that his lot in society was a miserable one and without hope,” Jennings later wrote, “the sense of group fellowship, the joining of hands in solemn oath, bespoke something so new, and of such dazzling implication, as to be well-nigh unbelievable.” Hay conveyed to the newcomers with blistering pride that the Mattachines were building an empowered entity—a nation, really—that would march toward social emancipation.

That conviction drove a wedge between Hay and Jennings. “I didn’t believe we were a minority—and by the way, I still don’t,” Jennings said in 1998. Rather than promote a collective identity, distinct from the cultural mainstream, Jennings was concerned with the more practical goal of ensuring freedom of choice in sexual behavior. Whether homosexuals wanted to be part of a glorious community was immaterial to the protection of their well-being. In meeting after meeting, Jennings held firm to his stance, sowing discord with Hay and other Mattachines. “We would argue all the same old points, and I found, to my alarm, that the people who opposed me were not any more willing to give in than I was,” Jennings later said.

By 1952, the internecine rift had widened into a gulf. Bob Hull broke up with Jennings to be with Paul Benard, a bisexual actor and new society member. “The first act of the Paul-Bob alliance,” Hay later recalled, “was a concerted effort to kick Dale out of the top Mattachine echelon.” Jennings grew distressed and despondent. It seemed like his days with the society were numbered.

Act III

On the night of Friday, March 21, 1952, Jennings set out from his apartment in central Los Angeles to see a movie. His breakup with Hull still smarted. Settling into the anonymous darkness of a theater for a couple of hours, he hoped, would be a balm. His only obstacles on this quest were his own standards; Jennings passed one theater, then another, stewing about the lowbrow tastes of the moviegoing public.

A little before 9 p.m., he headed toward a third theater, hoping for a better selection. Along the way he took a detour through Westlake Park in search of a public restroom. “This, too, was a mistake,” Jennings would later write in a detailed account of the evening. “Respectable people don’t use these civic conveniences under any circumstances.”

When Jennings entered the restroom, it was empty. He relieved himself, turned around, and stepped to a sink to wash his hands. When he looked into the mirror, he saw a man standing over his shoulder, leering. The “big, rough-looking character,” Jennings recalled, had somehow entered the bathroom without making a sound. Jennings’s heart began to hammer against his ribs. He said nothing, pushed past the man, and left as quickly as his legs would carry him.

The stranger followed.

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As Jennings walked toward the movie theater, the man trailed him, trying to strike up a conversation. Jennings alternated between asking the man to leave him be and not answering at all. If the stranger was soliciting sex, Jennings wasn’t interested.

At the theater, Jennings groaned when he saw on the marquee that the only movie showing was one he’d already seen. Frustrated, and more than a little flustered by the man from the bathroom, he decided to go home. The stranger continued to shuffle along a few feet behind Jennings as he made his way toward his apartment. Surely, Jennings thought, the man would give up eventually. When Jennings reached his door, he put the key in the lock and looked over his shoulder. Firmly, he told the man goodbye. But the stranger shoved him aside, twisted the knob, and strode into the living room.

Stunned, Jennings stood in the doorway. Was the man planning to rob him? Assault him? Worse? Years later, in an allegorical short story, Jennings would imagine the man as a ravenous dog. The protagonist, a stand-in for Jennings, tries to placate the dog: “He spoke reassuringly, then squatted with one hand held out. The big dog merely stood looking straight at him, not panting, not moving as it watched. Reflected light made flat, cold discs of its eyes.” When the protagonist attempts to sidestep the dog, the animal lets out a low, cruel snarl.

The stranger slumped onto Jennings’s sofa, legs sprawled wide, and reached down the front of his pants. He lifted his chin and shot Jennings an ugly, suggestive look. So this was a solicitation, albeit an aggressive one. Jennings shut the door. A jumble of thoughts rushed through his head. He was afraid of the man and certainly didn’t want to sleep with him, but he didn’t know how to get rid of him. Calling the police was risky. No matter what he said, the officer on the line might assume that he’d invited the stranger in and then had a change of heart. If that happened, the cops might arrest him for lewd behavior.

The man called out to Jennings, propositioning him, and Jennings responded by begging the intruder to leave. Instead, the man rose from the couch and sauntered into the bedroom. He dropped his jacket on the floor. His fingers went to his collar, and he began to unbutton his shirt, grinning at Jennings all the while.

“Come in here!” he said. “Let down your hair!”

The man sat on the bed, leaned back, and slapped the mattress, motioning for Jennings to sit.

“You have the wrong guy,” Jennings said.

Finally, the stranger lost his patience. He lunged forward, grabbed one of Jennings’s wrists, and forced the fingers of the trapped hand beneath his waistline, past his belt buckle. Jennings leaped away, clutching his hand to his chest as if he’d burned it on a stove. He “almost felt raped,” he would later tell a friend, and feared he might actually be. With every muscle in his body tense, he waited for the stranger to react.

The man reached into a pocket. Out came a badge. With his other hand he retrieved cuffs.

“Maybe,” the undercover cop said to Jennings, “you’d talk better with my partner outside.”

Jennings emerged from his front door in handcuffs. There wasn’t anyone outside. The cop’s partner was back in Westlake Park, waiting with a third officer in a squad car near the restroom where Jennings had been targeted for entrapment. Jennings was forced to walk over a mile back to where the mortifying saga had begun, the cop prodding his back the whole way. When they arrived, the officer greeted his colleagues by complaining that it had been a slow week for the vice squad. “It’s all I can do,” he said, “to keep up the old quota.”

Jennings was shoved into the back of the car, where the trio of officers launched into an interrogation. “It was a peculiarly effective type of grilling,” Jennings later remembered. “They laughed among themselves. One would ask, ‘How long you been this way?’” Too scared to speak, Jennings sat on his hands and thought only of the possible consequences of his precarious situation. Annoyed by Jennings’s lack of cooperation, one of the officers turned the key in the car’s ignition and maneuvered the vehicle into the street. At a painfully slow pace, less than ten miles per hour, the car wound through the streets, venturing farther and farther away from the park, into neighborhoods Jennings barely knew. He was sure he was going to be beaten, perhaps in some remote spot outside the city limits. The cops “repeatedly made jokes about police brutality,” Jennings wrote. “Each of the three instructed me to plead guilty and everything would be all right.”

In the end, they didn’t beat him. Terrifying him had been sufficiently fun. Around 11:30 p.m., they returned to their station and booked Jennings on a charge of lewd and dissolute conduct. They put him into a jail cell, and his bail was set at $50 (the equivalent of about $470 today). At 3 a.m., when he was permitted to place a phone call, an exhausted Jennings dialed Harry Hay, the only person he knew who had a checkbook.


By 6:30 a.m., Hay had swept in to rescue Jennings, posting bail and ferrying his fellow Mattachine to the Brown Derby for sustenance. The popular diner, with its iconic building designed to look like a giant hat, was one of Hay’s favorites. The pair slid into a half-moon-shaped leather booth beneath walls cluttered with cartoon sketches of the Derby’s most famous patrons: actors, producers, and the like. Hay knew that his first task was to cheer Jennings up. After they ordered breakfast, though, he revealed his ulterior motive.

“Dale, the whole society that we have going is going to support this,” Hay said. “And we’re going to fight it.”

Jennings looked up from his coffee, bewildered. “We’re going to fight it?”

“Yes,” Hay continued. “You’re innocent, and we’ll prove it. This is what we want.”

“Good God,” Jennings said. “Where do you get this we stuff?”

Hay laid his hands on Jennings’s shoulders, staring at him with his trademark solemnity and “imperial self-confidence of the chosen,” Jennings later wrote. Entrapment, Hay explained, was destroying lives. But unlike most victims, Jennings was well positioned to mount a legal challenge. He was currently employed as an advertiser for his sister’s sewing business, so he stood no risk of losing his job. Divorced and childless, he wouldn’t embroil any family in scandal. “The Great Man pointed out that I, in my miserable way, would be somewhat Chosen, too, if I stood up to the Establishment,” Jennings wrote. “I had nothing to lose but my chains.”

“The Great Man pointed out that I, in my miserable way, would be somewhat Chosen, too, if I stood up to the Establishment. I had nothing to lose but my chains.”

Hay’s appeal to blaze a trail, Jennings later said, was “not a very comfortable thought to someone whose world has just ended.” If the case went to court, the publicity might ruin his professional prospects. And he couldn’t shake the feeling that Hay was more concerned with what the affair represented than with how it might affect Jennings personally. He asked Hay if he would plead innocent under the same circumstances. “He himself would be honored to do such a thing,” Jennings recalled. “But, of course, he had too many familial responsibilities.”

Hay managed to convince Jennings to at least convene an emergency meeting of the Fifth Order a few days later, on the evening of March 28. Together, Hay said, they would decide what to do next. So the Mattachines piled into Jennings’s living room. Hay, true to form, opened with an impassioned address about elevating the plight of homosexuals into mainstream political discourse. The moment, he argued, was a golden opportunity to argue that homosexuals deserved the full protection of the law. Furthermore, the Mattachine Society might put a nail in the coffin of entrapment, a practice that threatened not only gay men, but any second-class citizens who found themselves in the wrong place at the wrong time with cops who had to hit arrest quotas.

In blocky handwriting, Rudi Gernreich dutifully recorded the meeting’s minutes in a notebook, including discussion of Jennings’s constitutional right to due process:  

Entrapment case. Decision to fight on basis of 5th Amendment—politically, not morally. Test case—willing to fight from lowest courts to highest. Try to get support from ACLU and other civic groups.… Every minority in danger on entrapment basis.

Several years prior, Gernreich himself had been in Jennings’s shoes. Entrapped by police, he took his case to court, proclaimed his innocence, and demanded a jury trial. At times during the proceedings, he felt that he was making headway. One woman on the jury was pleasant enough, looking at him from her perch with what he thought was sympathy. Yet the jury found him guilty. Devastated, he made a point of staring down each juror, one by one, as the verdict was read. When he landed on the kind-seeming woman, she turned her face to the wall, refusing to look him in the eye. Now Gernreich was hungry for justice—to fight, win, and repudiate the woman who had been unable to meet his gaze.

As the conversation unfolded, Jennings realized that his comrades were in unanimous agreement with Hay. “We seized on it as a rallying point,” recalled Jim Gruber. “There wasn’t much arm twisting at all. Inasmuch as I was often a dissenter, I was aware that any of the dissenters would have spoken up at that point.” Especially emphatic was Chuck Rowland, who rose to his feet, eyes flinty with righteous indignation, and gestured at Jennings. “The hinger of fistory points!” he shouted.

The group fell silent at Rowland’s blunder. They stared at each other for several seconds. Then Gernreich began laughing. The rest of the men followed suit, some of them falling over sideways. In that moment, Jennings felt his resistance melting. “One of my prevailing thoughts,” he later said, “was, I’m not alone.”

Act IV

In 1950s Los Angeles, only a few attorneys deigned to represent homosexuals in court, and they were more interested in financial gain than civil rights. Harry Weiss, a lawyer who owned a popular gay nightclub called the Crown Jewel, was rumored to cooperate with the vice squad. Weiss, dubbed “the faggot lawyer” by judges, purportedly gave the police tips regarding the identities of his gay patrons. The vice squad then passed Weiss’s business card to any men they arrested, and Weiss paid the police half of any legal fees he earned from the resulting cases. Another attorney, a flamboyant woman named Gladys Towles Root, a.k.a. “the defender of the damned,” appeared in court in elaborate, colorful outfits that rivaled the nighttime getups of the drag queens she represented. “She had all sorts of connections in the city government, so she’d get you off,” Jennings once said. “Her charge? Very often it was everything you had.” Records from the period indicate that Root and Weiss charged clients on a sliding scale from $2,800 to $28,000 in current dollars; the wealthier the client, the more he paid.

Regardless of a case’s specifics, Root and Weiss generally required defendants to plead guilty to misdemeanors and pay whatever fines the city demanded. The only benefit for the defendants was that they avoided felony convictions. “You were run through the mill,” Jennings recounted, “and swore to God you’d never go into another park.”

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George Shibley

After Jennings agreed to plead innocent, Hay suggested that he retain Long Beach lawyer George Shibley, an old leftist acquaintance. “George has always said that I taught him more about Marxism than anybody else,” Hay once claimed. A Lebanese American attorney with a long, narrow visage, wide brown eyes, and thick brows, Shibley had developed a reputation in the 1930s and 1940s as a defender of labor unions. In one case against the Ford Motor Company, he’d proved himself so potent an adversary that Ford had attempted to hire him as in-house counsel; Shibley declined the offer. He won public renown during the sensational 1942 Sleepy Lagoon trial, in which he defended several Latino youth charged with murder. The judge in that case, Charles Fricke, was known for handing down harsh sentences. “It was said that when you went to trial in Fricke’s court, you had two prosecutors there,” Shibley’s son Jonathan told me in a recent interview, “one from the DA’s office, and Fricke.” Shibley made so many objections over the course of the trial that Fricke mocked him; in one hearing, according to Jonathan, the judge said, “I’d be disappointed if you didn’t make at least one per session.” The defendants were convicted, but Shibley filed an appeal, accusing Fricke of prejudice. The court ruled in favor of the defendants, and their sentences were overturned.

Shibley had never defended gay clients, but that didn’t matter. “He said he didn’t give a damn what the charge was,” Jennings remembered. “He was for civil rights, and he sounded like Christ on a white horse. God, he was everything.” His sympathy for oppressed minorities came from experience. Although he wasn’t Jewish, his appearance made him a frequent target of anti-Semites, as did the fact that his wife was white. “When he first moved to the neighborhood,” Jonathan told me, “we heard rumors that some of the neighbors were saying, ‘Let’s get that Jew for being with that white woman.’”

Shibley’s only hesitation in accepting Jennings’s case was his lack of knowledge about homosexuality, so he asked the Mattachine Society to educate him. The Fifth Order carpooled to Shibley’s office on a weekly basis in the months leading up to Jennings’s trial, which was set for June 1952. “We went down every Friday night after work, all about seven or eight of us,” Hay later said. “We told our coming-out stories to him. We educated him on what it was like to come out as a homosexual in a straight world, and what we ran into, and what our problems were.” Shibley came away angry that the men were treated so badly and eager to defend Jennings. “He [felt] that what they were doing to this man was, in the vernacular, just plain chickenshit,” Jonathan Shibley said, referring to the LAPD’s actions. “So what if he’s a homosexual? He’s minding his own business. Why was Mr. Cop trying to harass him?”

This was likely the first time in American history that an attorney had agreed to defend homosexual rights. It was certainly the first time that a group of gay activists banded together to legally defend one of their own. The Mattachines’ first concern was fundraising. Shibley’s services would cost $7,000 (in current dollars), and the group hoped to raise an additional $28,000 to print and distribute copies of the trial transcript to lawyers across the country. If Jennings won, the Mattachines wanted other progressive legal minds to know how to defend gay clients in similar entrapment trials.

To support Jennings without exposing their secretive group, Shibley suggested that the Mattachines form an ad hoc Citizens Committee to Outlaw Entrapment. Coordinated by the Fifth Order, the CCOE raised money for Jennings’s defense and tried to publicize his trial in the media. The press, though, had no interest in covering it. “I let all of these various news services know about the trial every step of the way,” Hay said once. “Not one single magazine or newspaper or radio station or TV station ever printed or published or spoke one word about this entire trial. We had a total conspiracy of silence.”

Without coverage, the CCOE had to rely on informal networks within Los Angeles’s gay community. They distributed flyers throughout the city: on beaches, in bars, and around popular cruising spots. Members of the Fifth Order met with gay small-business owners, encouraging them to surreptitiously drop flyers into customers’ bags at check-out. The flyers laid out Hay’s vision of homosexuals as a minority and the CCOE’s mission to fight police brutality. Jennings’s trial would “expose to all eyes an injudicial and unconstitutional police conspiracy which, under the cloak of protecting public morals, threatens not only all Minorities but civil rights and privileges generally.” The Mattachines hoped that other people in Jennings’s circumstances would follow his lead. “If 1 percent of the people who had been entrapped had stood up, things would have changed drastically,” Jennings said in 1998. “Here was one person standing up. That just upset the apple cart completely.”

Donors began to mail donations to the CCOE’s post office box. Encouraged, the Fifth Order scheduled a number of fundraising events. The first was a showcase by Lester Horton’s dance troupe, one of whose members had been entrapped by police in early 1952. Jennings was also sent on a kind of lecture tour, appearing at public discussion groups and private gatherings to talk about his case. “I was called upon just about every night of the week,” he later said. “These gay guys [would] sidle up and say, ‘I feel for you. I think you’re just wonderful.’”

“I gave out autographs,” he added. “It was ridiculous.”

As his trial approached, Jennings’s misgivings about the whole endeavor returned in force. His newfound status as a civil rights leader made him more anxious than proud; it felt thrust upon him rather than chosen or earned. “I certainly didn’t feel heroic at all, in any way,” he recalled. “I felt sucked in by a system that was absolutely voracious. It ate me alive and picked the bones over.”

Jennings was afraid that he would be found guilty, and he hated feeling subsumed in the excitement about what the case meant. Also distressing was that many of his peers didn’t believe his story. They thought he’d invited the cop to his apartment and maybe even had sex with him before the badge came out. The truth about what transpired before the arrest didn’t matter to his supporters, so eager were they to have a champion of their rights. But Jennings wanted people to believe him; he couldn’t stand to be regarded as a liar. “To be innocent, and yet not be able to convince even your firm constituents,” he wrote in a 1953 essay, “carries a peculiar agony.”

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The trial began on June 23, 1952. Settling into his seat, sweating through his Sunday best, Jennings feared that the judge and jury were already allied with his adversaries. The prosecution’s case had been argued successfully many times before, against many innocent gay men. A city attorney would pit the police’s false claim that Jennings had behaved lewdly against his description of entrapment. The attorney would then tar Jennings as a pervert, a degenerate, a sexual psychopath who had conspired to seduce an upstanding officer of the law. The members of the Mattachine Society who’d accompanied him provided little comfort; they could only observe in silence from the courtroom’s gallery.

When Shibley rose to make his opening argument, though, Jennings was reassured that the trial would follow a new script. The lawyer made no effort to deny Jennings’s homosexuality, no attempt to curry favor with the court by portraying him as a heterosexual family man. Instead, Shibley argued that “homosexuality and lasciviousness are not identical” and that “no fine line separates the variations of sexual inclinations.”

“The only true pervert in the courtroom,” Shibley declared, was the arresting officer.

With that pronouncement, Shibley shifted the court’s focus away from Jennings and toward the officers who’d detained him: partners James L. Martin and T.N. Porter. The two cops had recently been charged with assaulting a different prisoner; the following day, in fact, they would appear in another courtroom as defendants. According to the Los Angeles Times, Martin and Porter were alleged to have beaten a man named Ramón Castellanos, striking him “several times with fists and elbows, as well as a ‘dark object.’” Castellanos had sustained lacerations to his head and scalp, a black eye, a broken nose, and numerous bruises. Pressed to explain Castellanos’s injuries, Martin and Porter said he’d tripped over a large flower pot. The LAPD’s internal affairs division was unconvinced by the explanation and suspended the officers pending trial. The Castellanos case didn’t prove Jennings’s innocence, but the charges against Martin and Porter, and the specter of their suspension from the police force, worked in Shibley’s favor. In entrapment trials, police testimony was considered unimpeachable; Shibley shook that assumption on day one.

By the time he took the witness stand, Jennings felt emboldened by Shibley’s defense. Under oath he declared himself to be a homosexual. Before he could continue, the judge interrupted him. “We don’t use that word here,” he said, casting a withering glance at the defendant.

In a sense, the judge was correct. Men went to great lengths, often pleading guilty to lesser charges, to avoid the humiliation of their homosexuality being made public during a trial. On the few occasions when defendants pleaded innocent, they built cases on the assertion that they weren’t homosexuals and therefore couldn’t possibly have done what they were accused of. Not Jennings. “What you’re doing is silencing me,” he replied to the judge. “I’m here because I am an avowed homosexual, and I’m not ashamed of it.”

It was unprecedented for a gay man to speak so boldly before a court, in California or anywhere else in the United States. Shibley didn’t dwell on the symbolism of Jennings’s statement, however. He drilled down on inconsistencies in the police officers’ stories. According to LAPD policy, two cops had to be present at an arrest. Jennings had been detained by just one officer before being perp-walked to the squad car in Westlake Park. T.N. Porter, however, claimed otherwise when he took the stand. Shibley paused for dramatic effect before replying, “Well, that’s very interesting. Because in your deposition, you say exactly the opposite.”

Over the course of ten days, Shibley continued to punch holes in the cops’ credibility. That the officers were juggling the Jennings proceedings with the Castellanos trial made his job easier. It also made his pioneering defense of Jennings all the more profound. Shibley vouched repeatedly for the decency and innocence of his client, in contrast to the violent behavior of the police, and argued that Jennings’s sexual habits should have no bearing on his constitutional rights.

Shibley delivered the final blow in his closing statement, when he turned inward for inspiration. He invoked his experiences with prejudice: the neighbors who’d sneered at his interracial marriage, the people who’d called him a “Jew bastard.” Shibley knew what it was to experience oppression, alienation, and loneliness. Didn’t everyone, in some way? And didn’t everyone deserve respect? Certainly no one should be subjected to state-sponsored cruelty. When Shibley finished his emotional address to the jury, Hay saw “wet eyes in the courtroom.” As he later explained, “We had never heard a kind, good word said about us in public before in our lives.”

 “We had never heard a kind, good word said about us in public before in our lives.”

During their first round of deliberations, 11 jurors voted to acquit Jennings. Only one member, the foreman, called for a conviction. So the group deliberated for 40 hours, most of it spent laboring to convince the foreman of Jennings’s essential humanity and of the cops’ clear deceit. Finally, the jury returned to the courtroom without a verdict. The foreman hadn’t budged. The group was hung. “They asked to be dismissed,” Jennings later wrote, “when one of their number said he’d hold out for guilty ’til hell froze over.”

The prosecution could remount the case “in an orderly and a decent fashion,” the judge instructed, but the district attorney wasn’t interested. Though Martin and Porter were simultaneously acquitted in the Castellanos trial, a hearing of the LAPD’s internal Board of Rights found them guilty “of using undue force in making an arrest and making false reports to a superior officer.” Martin was suspended without pay for a month, and Porter for three months. They were public liabilities to the LAPD, and trotting them out for a second prosecution of Jennings might ignite a political scandal. “And so it was dropped,” Jennings said in 1998. “The cops copped out.”

Three months after his arrest, Jennings had won. So had the Mattachines. “Walking out of the courtroom free was a liberation that I’d never anticipated,” Jennings recalled. “I never thought this would happen.”


The media didn’t report Jennings’s acquittal, much less the Mattachine Society’s hand in it. Once again, the CCOE spread the word via flyers. “A great victory for the homosexual minority,” they proclaimed. Word quickly spread through gay communities beyond Southern California. The CCOE was bombarded with letters of support, some from homosexuals wondering how they could establish advocacy groups like the one that had supported Jennings.

And so chapters of the Mattachine Society began to appear in other cities. They spread south to San Diego and north to San Francisco, then east to Chicago, New York, and Washington, D.C. Gerry Brissette, a lab technician at the University of California at Berkeley, was inspired enough by the Jennings verdict to launch a Mattachine chapter. “They flock to us in hordes,” Brissette wrote in a letter to Chuck Rowland, “hungry, anxious, eager to do something, say something, get started.” As the group’s expanding membership infused it with professional and political expertise, the scope of the organization ballooned and branched. In Long Beach, factory workers established a group; in Laguna Beach, according to Rowland, membership comprised mostly “Junior Chamber of Commerce types.” Some clusters of Mattachines preferred to debate intellectual topics—the sociology of homosexuality, gay themes in literary fiction—while others set their sights on police entrapment in their own cities and towns. They compiled newspaper clippings on vice-squad arrests, gathered testimonials from victims, and labored to raise awareness of police tactics.

Within a year of the Jennings trial, historian John D’Emilio believes, the Mattachine Society counted close to 100 chapters, with about 2,000 participants total. Those numbers may be underestimated, given the group’s resistance to official rolls. Most of the new members didn’t share the communist ideology of the Fifth Order, but Hay was “delighted,” he later said, “with the fact that people were all practically pounding down our doors, wanting to get in.” Rowland echoed the sentiment: “We moved into a broad, sunlit upland filled with whole legions of eager gays.”

Jennings, however, was characteristically suspicious. He found that the shine of his legal triumph quickly faded. He was proud that so many people wanted to support the Mattachine Society, and that he’d played a key part in securing their attention. But he was also unsettled. “All of a sudden, we had houses overflowing with strange people that came uninvited,” he recalled. “I didn’t like it.” In retrospect, his skepticism may have been well founded.

Act V

In early 1953, the Los Angeles Daily Mirror published a story on the Mattachine Society, written by a reporter named Paul Coates. It was the first article in the evening paper’s history to use the term homosexual. It wasn’t a glowing profile of the organization’s expansion, however—it was an alleged exposé on the dangerous political power of gay men and women.

Coates fretted that homosexuals in Los Angeles made up a voting bloc of nearly 200,000 people. If empowered by lax policies and cultural tolerance, they might overthrow the very foundation of decent society. Coates’s sources for these claims were spurious, as were his accusations that members of the Mattachine Society were subversives. “If I belonged to that club,” Coates wrote, “I’d worry.”

The article’s fearmongering was an echo of what was happening nearly 3,000 miles east of Los Angeles on Capitol Hill. In January 1953, senator Joseph McCarthy began his second term in office. Deploying his investigative powers as the newly installed chairman of the Government Operations Committee, McCarthy was intent on rooting Communists out of U.S. government. If there was anything he disliked as much as a leftist, it was a homosexual, so he went after them, too. Anti-communism swept the country, reaching even the liberal enclave of Hollywood. As more and more people fell prey to accusations of ideological treason, homosexuals increasingly feared for their jobs, their reputations, and their lives.

The Daily Mirror article sent the Mattachine Society’s membership into a state of panic. Many new recruits demanded that the Fifth Order abandon its policy of secrecy, expunge Communist sympathizers, and reinvent itself as a more dignified organization. Members of the Laguna Beach branch even proposed that all Mattachines swear fealty to the United States. Rowland responded to the idea by writing in a letter that “come hell or high water, we will oppose all idea of a non-Communist statement by any group using the name Mattachine.” Concerns kept pouring in. “Many members of the meetings … feel that Mr. Coates asked legitimate questions,” wrote Marilyn Rieger, a participant in another Mattachine chapter. “Explanations are definitely in order…. [We need] complete faith in the people who set forth policies, principles, aims, and purposes.”

Hoping to soothe everyone’s worries, the founders invited more than 100 Mattachines to a weekend-long “democratic convention” in April 1953. The stated aim was a restructuring of the society; those gathered would draft a constitution, establish by-laws, and elect officers. In reality, the Fifth Order expected nothing less than two days of heated debate about communism, and that’s what it got. Participants left the weekend having resolved little, so a second gathering was scheduled for May. By that time, opposition to the Fifth Order was better organized and far more vocal. “We know we are the same, no different than anyone else,” Marilyn Rieger said in an address. “Our only difference is an unimportant one to the heterosexual society, unless we make it important.… [Our] homosexuality is irrelevant to our ideals, our principles, our hopes and aspirations.”

Rieger’s statements emphasizing sameness stood in diametric opposition to Hay’s vision of homosexuals as a distinct cultural minority. Indeed, they were more in line with Jennings’s views on sexual orientation. But Jennings, long an avowed leftist, couldn’t abide Rieger’s hard-line anti-communism. He feared it spelled the undoing of the Mattachine Society. “If the opposition had wanted to ruin us, that was the perfect way to do it,” Jennings said in 1998.

The members of the Fifth Order were outnumbered. Rieger’s words had struck a chord with Mattachines who wanted to reduce antagonism in their lives, to be welcomed into the fold of mainstream society rather than stake a claim on their own frontier. Though the founders and their supporters were able to narrowly defeat resolutions denouncing “subversive elements” and “infiltrat[ion] by communists,” they saw plainly that their time was up. “We all felt, especially Harry, that the organization and its growth was more important than any of the founding fathers,” said Jim Gruber. “We had to turn it over to other people.”

“The organization and its growth was more important than any of the founding fathers. We had to turn it over to other people.”

At the conclusion of the May convention, the Fifth Order announced that it would step down from leadership. “This,” Hay later said, “was not the golden brotherhood that I had looked forward to.” Another meeting in November 1953 marked the formal changing of the guard. Some founding members would remain with the society in informal capacities; others opted to end their involvement altogether.

For Jennings, the decision to depart wasn’t easy. On the one hand, he felt relief. He’d never liked Hay’s theatrics, as much as Hay had never liked his reluctance. “Like a Judas,” wrote Hay’s biographer, Stuart Timmons, “Jennings was continually in vocal opposition to anything that Hay favored.” The dissolution of the Fifth Order represented an opportunity for Jennings to continue activism on his own terms, which meant working as editor in chief of One magazine, a new gay-interest publication and one of the first of its kind in America. In 1953 and 1954, Jennings wrote the majority of the magazine’s content, often under pseudonyms. He did so to camouflage the small size of the staff; perhaps, too, he wanted to keep his name out of the limelight in a way that the Mattachines had made all but impossible.

Yet Jennings also found himself looking back on the society through rose-colored glasses. In a few short years, and despite internal turmoil, it had put homosexual organizing on the political map. At the November 1953 gathering, where Jennings accepted an award for his contributions to the Mattachine Society, he gave a lengthy speech that doubled as a farewell. “This is most decidedly not just another meal,” he said. “Nor are we here to applaud society at large for loosening a jot more of its infinite prejudice. Or the law for a smattering more of acquittals and dismissals. Or religion for rattling a few less teeth on its bone necklace.

“In today’s absence of tomorrow’s laurels, let us immodestly crown ourselves,” Jennings continued. “And how realistic—how crystal clear-eyed we are to do so. For we are most surely making history.… Our only mistakes occur when we forget that fact.”

Before ending the speech, Jennings breathed deeply and looked at the sea of faces before him. “Let’s applaud ourselves,” he said. And the room did, everyone rising to their feet in a standing ovation. Those gathered behooved Jennings to join them—to clap, for just a moment, for himself.

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The surviving members of the Fifth Order in 1998. 

Postscript

The Mattachine Society existed for several years after its founders walked away, but in a state of steady decline. Its revolutionary verve dwindled, and so did its membership. When the Stonewall riots happened in 1969, the last vestiges of the group, including its concern for tradition and assimilation, were swept off the agenda in favor of a more radical LGBTQ-rights movement—one in line with what the Mattachines had had in mind when they first gathered in Hay’s Silver Lake home.

The members of the Fifth Order lived to see gains (anti-discrimination legislation) and tragedies (the HIV/AIDS epidemic) befall gay Americans. Their own lives took dramatic turns. Hay was summoned to Capitol Hill in 1955 and asked, “Are you a communist?” He was no longer formally involved with the party, so he was able to say no, saving himself from further poking, prodding, and humiliation by McCarthyites. Hay went on to found a spiritual movement called the Radical Faeries, which urged gays and lesbians to resist “hetero-imitation” and develop distinct identities. He developed a reputation as an elder statesman of the gay rights movement, lending his name to various causes and providing invaluable perspective on the plight of homosexuals in the postwar period. Hay passed away in 2002 at the age of 90.

Jennings’s life recentered on his first love: writing. He left One magazine after a few years and began focusing again on film and fiction. He published a novel in 1968 and sold a movie treatment to Warner Brothers in 1970, which ultimately became The Cowboys, starring John Wayne. In the 1980s, Jennings lost much of his money in a lawsuit filed by a former lover. To make ends meet, he came aboard as a staff member at the Homosexual Information Center, a nonprofit research and archival outfit dedicated to compiling and sharing information about LGBTQ history. As Jennings’s health suffered under the weight of dementia and alcoholism, he bequeathed his papers to the HIC. He didn’t grant any interviews until Eric Slade approached him for the documentary about the Mattachines. “For a bunch of faggots,” Jennings told Slade, “we were very courageous to start at that particular time, when a false word or gesture, or some character thinking you were queer, could get you beaten up.”

Jennings died in 2000; he was 82. His New York Times obituary described him as “a novelist, playwright, and pioneer of the American gay rights movement.” It didn’t mention his ambivalence about his heroics. Perhaps that’s what the deeply private Jennings would have wanted. Slade, though, had pressed him on the matter, questioning his assertion that he wouldn’t relive his experience in court.

“Why did you decide to do it?” Slade asked.

“I didn’t have a choice,” Jennings replied.

“Well, you could have pled guilty,” Slade pointed out.

Jennings sat quietly for a moment, slumping away from the camera, deep in thought. “Oh, I suppose…,” he ruminated. Then he straightened up and shook his head vigorously.

“No,” he said. “I couldn’t.”

Barbearians at the Gate

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Barbearians at the Gate

A journey through a quixotic New Hampshire town teeming with libertarians, fake news, guns, and—possibly—furry invaders.

by Matthew Hongoltz-Hetling

The Atavist Magazine, No. 79


Matthew Hongoltz-Hetling is a Vermont-based investigative journalist. He is a grantee of the Pulitzer Center for Crisis Reporting whose work has appeared in Popular Science and Foreign Policy, among other publications, and through the Weather Channel’s longform-journalism project. He is a recipient of the George Polk Award, a Pulitzer Prize finalist, and a Maine Journalist of the Year.

Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Adam Przybyl
Illustrator: Lauren Tamaki

Published in May 2018. Design updated in 2021.

In the summer of 2017, the survivalists began to worry—really worry—about the bears.

The problem wasn’t the animals’ nighttime behavior; that was just a nuisance. The survivalists were used to catching sight of the hulking intruders emerging from the darkened woods of rural New Hampshire to damage property, steal food, and deposit huge piles of excrement. Recently, though, the bears had started showing up in broad daylight, and not just at the survivalists’ encampment. Throughout Grafton, the tiny town on the outskirts of which the camp sat, residents told stories of furry forest dwellers pushing through porch windows, chasing house pets, getting drunk on fermented apples, and capering on rooftops. One bear had cleaned out a chicken coop by lying on its belly, reaching inside the structure’s tunneled entrance, and scrabbling around with an extended paw. The bleakest anecdotes told of bears swiping their claws through human skin as if it were tissue paper.

The survivalists agreed that something had to be done to defend their makeshift home. But no one suggested calling law enforcement. This was Tent City, a place people came to avoid government. The messy jumble of cabins, trailers, and tarps, anchored by an old carport that served as a communal lounge, was a crucible of self-reliance. Residents believed in untethering themselves from institutions, foraging for food, and hunting game with guns, arrows, and knives. When society inevitably collapsed under the weight of bureaucracy and corruption, they would be ready. Their lodestar was freedom.

Tent City, where the population swelled to 30 or more on any given night, was an extreme manifestation of cherished local norms. Reachable by one paved road and policed by one full-time cop, Grafton has no stoplights, zoning laws, or building codes. Personal freedom springs eternal, so much so that don’t-tread-on-me types from across America have moved there in search of a laissez-faire utopia. People live where and how they please: in ramshackle homes, solitary yurts, old cars, or shared camps.

The survivalists sketched out a multifaceted plan to protect themselves from the bears. Adam Franz, a bearded, restless man in his late thirties, managed the land that Tent City sat on. In his younger days, Franz had studied economics, designed computer programs, become an ordained minister, and played professional poker. Now he was the closest thing Tent City had to a mayor—which is to say that when he talked, people listened. This included both cohorts of the unregulated idyll: left and right. When I remarked on a Confederate flag slung across the front of a cabin, Franz directed my attention to a Bernie Sanders sign attached to another. “If you’re an anarchist of any stripe,” said Franz, who tends toward the left end of the spectrum, “this is a good place to be.”

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Franz’s anti-bear arsenal included firecrackers. “I also think we should get bottle rockets,” he said one day, talking loudly to be heard over the constant buzz of a generator. Guns were a given; they were as much a staple in Grafton as picket fences are in the suburbs. Franz had recently traded his .357 Magnum for a Taurus Judge .410. The Magnum was more accurate, the owner of his favorite gun store had told him, but if a bear got too close for comfort, the Judge would do more damage. Though it looked like a six-shooter, its bullets were so big that it held only five.

The residents of Tent City decided they needed a barrier of some sort. One man scrounged several cheap metal posts and scrap rolls of chain-link netting from local suppliers, and a small crew of volunteers got to work. They inched along Tent City’s winding perimeter, methodically erecting sections of a fence. They adorned it with bells, beer cans, and bottles filled with BB-gun pellets. This would be the alarm system.

One day the workers were hammering posts into the rocky earth when they heard a woman who lived in the camp call out. Urgently. Scanning the area around them, they saw why: A black bear was swaggering along a finished portion of the fence, not 30 feet away. It was as if the bear had appointed itself foreman and was inspecting the men’s progress.

What a goddamned insult, thought Franz, who was working on the fence that day. He shouted at the bear like someone trying to get a kid off his lawn: “Go away!”

The creature paused, as if calculating risk versus reward. Then, on heavy paws that doubled as lethal weapons, it lumbered toward the men. Still shouting, Franz held a lighter to a pack of firecrackers he’d stashed in his pocket. Flick, flick, flick—the fuse caught. He hurled the explosives toward the incoming enemy.

Popping and sizzling, the firecrackers hit the ground between the foes. Startled, the bear reversed course and galloped clumsily away from the men. When the clamor ceased, however, the animal stopped short of the forest. “He started watching us,” Franz recalled.

Several tense seconds dragged by. Finally, the creature slunk into the undergrowth and disappeared from sight. The humans took a gulp of air. They’d won the latest skirmish in Grafton’s escalating bear war.


“In my opinion, there is nothing out of the ordinary going on in Grafton.” So said Andrew Timmins, a wildlife biologist employed by the state of New Hampshire. Timmins is tall and muscled, with grizzled hair that he often wears tucked beneath his Fish and Game Department cap. He showed me a spreadsheet that documented the annual intake of “bear complaints,” his department’s name for reports of human encounters with the 6,000 or so black bears that roam New Hampshire. There was Grafton, a community of about 1,000 people in the state’s central region, with 50 complaints over the previous decade. It ranked 29 out of 227 towns, which placed it in the top 13 percent of bear-afflicted places. But was that really so surprising, given its forested location? Timmins insisted it was not.

He diagnosed a kind of xenophobia: People are often frightened of black bears for no good reason. Sure, the creatures are big—they can grow to 500 pounds or more—and they’ve got sharp teeth and claws. But according to Fish and Game’s public-education campaign, “Something’s Bruin in New Hampshire,” which is intended to “enhance public tolerance towards bears,” the animals “do not typically exhibit aggressive behavior.”

That was the opposite of what I’d been told in Grafton. I’d first visited the town for an assignment that had nothing to do with bears. It was bears, though, that kept me coming back. I was lured by tales told over kitchen tables, in gardens, and on front stoops about an unprecedented conflict between man and beast.

People in Grafton said that, year after year, the bears were getting bolder. The same anti-authority ethos that gave rise to Tent City convinced locals that the threat needed to be dealt with, no matter what any government data said. It’s illegal to kill a bear in New Hampshire without a special hunting license, yet I heard whispers that a vigilante posse had embarked on a clandestine hunt. Meanwhile, here was Adam Franz, flinging firecrackers and pledging to use his new Judge on a moment’s notice. “This is my baby,” he said when he let me hold the firearm, placing the weight of his trust in my palm. “I fuckin’ love that thing.”

I visited Grafton several times over two years to determine if, to poach Timmins’s words, “anything out of the ordinary” was happening there. When it came to bears, where did truth end and myth begin? What I found was more revealing than I expected: a parable of liberty, disinformation, and fear. A parable, really, of America.


Grafton’s unruliness and disdain for authority dates back centuries. Fittingly, when the town incorporated in the late 1700s, it took its name from the third Duke of Grafton, who’d served as England’s prime minister and scandalized his constituents by divorcing his wife because she was pregnant with the child of a lover, no doubt taken while her husband engaged in a very public affair with a courtesan. By then colonists in Grafton had long ignored the native Abenaki people’s respect for nature, divvying up and then clear-cutting vast tracts of forest. Eventually the settlers decided that royal laws were also impediments to their freedom and joined the revolutionary fight against colonial oppression. At every stage of this history, they turned their muskets against black bears, a species they’d decided was better off dead. They delivered the carcasses for bounties.

Over the century following the American Revolution, Grafton residents demonstrated mastery of their domain by transforming it into New Hampshire’s most intensively farmed region. They denuded hills and covered them with sweeping grasslands, hordes of sheep, and miles of stone walls. In 1868, they banded together to protect their livestock from a bushy-tailed black wolf described in the local newspaper as four feet tall and seven feet long. People built homes, mills, two churches, 12 schoolhouses, and several mines, including one that, in 1887, produced a 2,900-pound aquamarine crystal, the biggest ever found in the nation at that point. Three years later, about 15 miles from town, a wealthy, eccentric land speculator named Austin Corbin built a game reserve for species imported from out of state, including bighorn sheep, Russian boar, bison, and elk.

Then came a seismic change. As the U.S. economy shifted toward industry, farmers abandoned their livelihoods in droves. Over the course of the 20th century, Grafton lost nearly all its agricultural land. Neatly cultivated fields reverted to impenetrable thickets, stagnant bogs, and tangles of young trees. Clearings shrank until they were tiny islands, adrift in an inexorable sylvan tide.

The new forest had a strange, ominous flavor. In 1938, a hurricane breached the fences of Corbin’s reserve, releasing hundreds of animals into the wild, and Grafton residents described frequent encounters with the creatures’ startling descendants. Packs of coyote-wolf hybrids, once unheard of in the area, trailed people who were out walking their dogs. There were taller tales, too, of a Bigfoot-like creature, dragonflies as big as hawks, and birds with claw prints larger than a human hand.  

For a long time, Ursus americanus didn’t rank on locals’ list of worrisome fauna. Though the black bears’ habitat included some 90 percent of New Hampshire, they gave humans a wide berth. Attacks were exceedingly rare; the most recent was in the mid-20th century, and the last fatal one in 1784. Statistically speaking, and not only in New Hampshire, a person was (and still is) much more likely to suffocate in a giant vat of corn than be killed by a bear.

All was well until 1999. That’s when the cat massacre happened.


I heard about it when I first visited Grafton, in the fall of 2016. I was there to interview 62-year-old veteran Jessica Soule about her difficulties accessing support from the Department of Veterans Affairs. As I drove into town on Route 4, I observed that the town had no medical services or grocery store; one of its two gas stations had shut down.

Soule lived in an area of Grafton known as Bungtown, which received that name after an incident in the mid-1800s when bungs—a type of cork—came loose from barrels while they were in transit, allowing the liquid inside to spill out. Soule’s house had white siding and a creaky metal wheelchair ramp leading to the front entrance. When she answered the door, she wore a button-up shirt under two sweaters. A long, neat braid hanging over one shoulder softened her face.

Inside her house, the smell of cats hung in the stale air, trapped by tightly sealed windows. Several felines jockeyed for Soule’s attention. I sat on a lumpy couch with a quilt spread over it and was startled when one of the mounds beneath me began to move. “He’s hiding,” Soule said.

As we meandered through the usual small talk that precedes an interview, I noticed that Soule used a striking phrase: before the bears came. As in, “I used to let my cats outdoors, but that was before the bears came.” I asked her to explain.

One fine July night in 1999, Soule sat down at the picnic table in her backyard to enjoy the cool air. The moon had already risen. It looked like liquid silver—what the Abenaki called temaskikos, or the grass-cutter moon. Soule’s only companions that night were three cats, all less than a year old, wrestling near her feet.

As Soule relaxed, she heard footfalls behind her, quick and heavy. Before she could react, the bear was within a few feet of the picnic table. But instead of snatching her, it scooped up another feast: two of her kittens, whose mewling Soule could hear as the bear blew past her and disappeared into the woods.

It reemerged just beyond the tree line behind Soule’s house, near a small creek. The animal cut a bulky silhouette in the moonlight. Smaller shadows joined it: hungry bear cubs. All Soule could do was watch, horrified, as the creatures finished off their dinner and sauntered away.

Soule hunted desperately for her third cat, named Amber, in the woods. It wasn’t until morning, when the sun was up, that she found the tiny feline, huddled beneath a carpet of leaves. The cat was terrified but alive.

I asked what happened to Amber after that. “She’s right here,” Soule said, pointing to a cat nestled in the center of her lap like pet royalty. The milky-eyed feline, now 17 years old, was so rough coated that she looked taxidermic, and so decrepit that she could no longer retract her claws. Like her owner she was a veteran, a survivor.

“That,” Soule said, “was the beginning.”

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In Soule’s telling, the bears that ate her kittens developed a keen taste for felines. When other cats in Bungtown went missing, locals knew why. Soule said that a bear approached her front door one day. Perhaps it was the same mama bear, she thought, back for more. By then she’d gotten wise; she kept her cats inside, no longer left food scraps in the backyard for birds, and opened doors and windows only when she absolutely had to.

Andrew Timmins told me that he’d never received a bear complaint involving a cat, from Grafton or anywhere else. Plus, the idea that wild bears could acquire a taste for felines seemed dubious to him. When a Grafton resident told me about a bear that drained his biodiesel supply—a five-gallon container of two-year-old French-fry grease—I was reminded that bears will devour even the most loathsome fare, so long as it adds to their winter stores of fat. They’re after calories, not cuisine. Despite local perception, the cats of Bungtown probably weren’t the bears’ preferred target; they were just there.

Perception, though, matters a great deal when people craft stories about how they overcome obstacles and cope with conflict. Once the seed of the purported bear hazard was planted, stories nourished it. Often the light of reality was refracted such that it transformed an animal into a totemic version of itself: bandit or strongman, noble savage or mythic monster, bumbling idiot or cunning predator.

Alongside the stories, a few key ingredients influenced people’s assessment of the bears in their midst. First was a quantifiable increase in New Hampshire’s ursine population. In 1990, the state had some 3,000 bears. Steady annual growth, which peaked at 10 percent around the time that a bear got clawsy with Soule’s kittens, nearly doubled the population in the next quarter-century. During that same period, New Hampshire got serious about bear monitoring. Based on what wildlife experts deemed prudent preservation goals, the state designated population targets and bear-management strategies: how many annual hunting licenses to grant, how long hunting season should last, and even what hunters could use as bait. Chocolate, for example, was banned, because it could be toxic to bears. If a human wanted to kill a bear, they’d have to shoot it, not feed it a brownie. Fair’s fair.

The edicts and regulations didn’t sit well in Grafton, particularly with the town’s newest colonists, who started showing up in 2004. It sounds like the start of a bad joke: A lawyer, a firearms instructor, and the owner of a mail-order-bride business walk into a fire station. The three men were Tim Condon, Tony Lekas, and Larry Pendarvis, respectively, and they were avowed libertarians with the Free Town Project, a splinter group of a national initiative founded in 2001 to convince some 20,000 liberty-loving Americans to move to a chosen place, where they could concentrate their voting power and rid the political landscape of pesky rules. On the anything-goes frontier that Free Towners envisioned, people would be able to keep as many junk cars on their property as they wished, buy and sell sex without shame, gamble at will, consume drugs of all kinds, and educate their kids however they liked. Hell, they could even debate the merits of incest and cannibalism if they wanted.

If a human wanted to kill a bear, he’d have to shoot it, not feed it a brownie. Fair’s fair.

Condon, Lekas, and Pendarvis were scouts, tasked with looking for the right spot to pioneer the project. They focused on low-population states, including New Hampshire. An added bonus of the “Live Free or Die” state was that it didn’t impose income and sales taxes. The trio drove from town to town; some places were too far north—excessively cold and isolated—while others had strict zoning laws or a tight real estate market. Finally, the men came to Grafton, situated on a rugged stretch of 42 square miles. They met up with local volunteer firefighter John Babiarz, who had recently run for governor on the Libertarian ticket and won 3 percent of the vote. Now he and his wife, Rosalie, welcomed the three men around a folding table in Grafton’s firehouse, because there were no coffee shops or restaurants in town. They discussed their shared pet peeves, namely busybody bureaucrats and onerous laws.   

Grafton was the mecca the scouts had been looking for. The town had more land than people and virtually no statutes governing property. There were fewer than 800 registered voters, most of whom didn’t bother showing up at the polls, and because Babiarz already had a base of support, he could help tip the political scales in the project’s favor. What’s more, natives loved their guns as much as they despised meddling government. The scouts stopped their search and sent word to their fellow Free Towners, along with the phone number and email address of a local realtor.

How many people answered the call to move to Grafton is hard to say. Libertarians aren’t exactly known for keeping records. According to the federal census, between 2000 and 2010, the town’s population swelled by more than 200 residents. Soon after the project was launched, Free Towners began purchasing hundreds of acres of land, which they made available, at their discretion, to like-minded people who wanted to establish permanent homesteads or temporary encampments. Tent City, then in its early days as a home base for Grafton’s most extreme natives, served as a model of the type of loosely organized community that might work for the newcomers.

Grafton’s newest denizens infused its relaxed culture with impudence. At the annual apple festival, they encouraged children to dip homemade United Nations flags into a bonfire. At town meetings, which were usually sleepy affairs, they emphatically insisted that Grafton withdraw from the regional school district, condemn The Communist Manifesto, and eliminate funding for the local library. None of those proposals gained any traction; for all the ideological DNA they shared with the new arrivals, longtime Grafton residents thought some of the Free Towners’ ideas crossed the line of common sense. Still, the settlers managed to pass measures to slash the town’s budget by 30 percent (later rescinded on a procedural technicality) and to deny funding to the county’s senior-citizens council.  

Babiarz, who went on to become Grafton’s fire chief, gradually distanced himself from the project’s purists, deciding that he preferred a less evangelical brand of liberty. Yet he maintained common ground with Free Towners on plenty of things, including the threat of bears.


The same year the Free Town scouts came to Grafton, a bear stole onto Babiarz’s farm on Slab City Road, where he and Rosalie live in a converted 19th-century schoolhouse, and eviscerated one of his rams. By the time I visited Babiarz in 2017, bears had infiltrated his property numerous times, making off with chickens sleeping in their coop, sheep locked in their paddock, and apples swinging from tree branches. Babiarz, a tall, lean 60-year-old who has now run unsuccessfully for governor four times, became convinced that one bear in particular watched him from somewhere in the forest. It waited for him to run an errand or visit the fire station, and then it struck. This damn bear was a seasoned criminal, Babiarz told me in his small kitchen, where amid potted plants and household clutter an old sign urged me to elect Libertarian Harry Browne president in 1996.

Babiarz and the bear had a fundamental disagreement over how many of the farm’s livestock were there for the taking. His starting position was zero. The bear’s was all of them. “It had no fear,” Babiarz said. “Which is a problem.” He decided that pain-based deterrence was called for. He loaded an electric fence with strips of bacon, hoping to zap any hungry bears in the mouth. On the ground outside his chicken coops, he laid down boards with nails or screws sticking skyward to puncture the soles of bear paws. One board I saw had claw marks on it and a screw was missing. “Yep, it went right through,” Babiarz said, referring to the unlucky bear that had stepped on the board. “There was blood pouring. There was nice red all over.”

Babiarz and the bear had a fundamental disagreement over how many of the farm’s livestock were there for the taking. His starting position was zero. The bear’s was all of them.

One September morning, he came home from town to find a bear—the bear, Babiarz claimed—sitting on its rump and feasting on a chicken. “Like a human at a campfire, munching,” Babiarz recalled with dismay. How had it gotten past every line of defense? Babiarz sprinted into his house and grabbed a Ruger .44 Magnum from his closet, but by the time he got back outside, the bear was galumphing toward the refuge of the forest. Panting, Babiarz took aim and pulled the trigger. The Magnum bucked in his hand, exploding with sound.

“Apparently, I missed him,” Babiarz said. A concerned look crept over his face as he told this part of the story. He gestured toward the woods, adding, “He was a moving target against a black background.”

I realized that Babiarz felt he had to defend his marksmanship. Competition was everywhere, after all. In 2012, New Hampshire had attained America’s highest per capita rate of machine-gun ownership; federal data showed nearly 10,000 of the weapons registered in the state.

“There’s a lot of trees here,” Babiarz continued. “Hitting it would have been a miracle.”

I squinted in the direction the bear had gone. After a pause that felt sufficient for reflecting on a deep knowledge of firearms—which I by no means had—I replied in solidarity.

“That’s a really tough shot.”

Babiarz looked relieved. He went back to talking about the bear. It was out there still, his Moby Dick. He was sure of it.


Can bears be calculating? Babiarz and other Grafton residents I spoke to sure seemed to think so. Dave Thurber, a Vietnam War veteran who lives up the road from Jessica Soule, recounted how, one dark winter night, he had a feeling that something wasn’t right. He peeled back a corner of the curtains covering his living room windows and peered out at the front lawn, where he spotted a bear delicately licking sunflower seeds from a bird feeder. When a car approached, the bear flattened itself against a snow bank like an escaping prisoner evading a watchtower spotlight. After the car passed, the bear resumed eating.

Rumors of the bears’ cunning had planted unsettling questions in the minds of Grafton residents: How close are we to a bear right now? Could one be just beyond someone’s front door or hiding behind a nearby tree, casing a pet or, worse, someone’s child?

I put the question of bear intelligence to Ben Kilham, a wildlife biologist and leading expert in ursine behavior, who happens to live about 20 miles from Grafton. Before he became interested in bears, Kilham designed guns. Now his personal website features a photograph of his head and upper torso protruding from the entrance to a bear’s den. He has adopted and raised dozens of orphan cubs, which he releases into the wild and tracks for thousands of hours apiece. He has been bitten and scratched more times than he can count, but never seriously. State wildlife officials speak of him reverently, and his fame has gone global. In an Imax documentary released in April 2018, he’s featured as a bear whisperer helping China reintroduce pandas into the wild.  

Kilham suggested that if I really wanted to learn the truth, I should read a book he wrote entitled In the Company of Bears. The book paints a picture of bears—worrying or inspiring, depending on your priors—as the Einsteins of the wild. According to Kilham, bears have a highly developed sense of self. They can also count to 12 (higher than chimpanzees), transport and use tools, observe societal bonds that include a rudimentary sense of justice, remember the distant past, calculate the likelihood of future events, and, if necessary, ask other bears to care for their offspring. Kilham also asserts that bears can screen foods for palatability by mouthing them and inhaling their scent. He came to the idea after noticing cubs gently manipulating leaves, mushrooms, and frogs with their snouts. Kilham developed a working theory that bears have a special sensory organ about the size of a jellybean embedded in their palate, which he dubbed the Kilham organ. He finally proved its function when, he told me, he “boiled a half-rotted bear head and found what I was looking for.”

Kilham comes across as the Jane Goodall of bears, uniquely positioned to understand the species. Also like Goodall, his insights aren’t always backed up by hard data or laboratory tests, leaving him vulnerable to academic criticism. In his book, the only evidence he cites that a bear can out-count a chimp is his experience with one bear, named Squirty, who always seemed to know when Kilham had shorted her one or two cookies from a sleeve of Oreos. Yet formal studies measuring bear intelligence generally support Kilham’s conclusions. Bears in captivity have been observed solving problems—moving stumps to use as stepladders in order to access high-hanging fruit, for instance—and distinguishing between different numbers of dots on a screen.

A more enduring critique of animal behaviorists is their tendency to anthropomorphize, or assign human characteristics to the species they study. Here the question is one of intent: why animals do what they do. If a bear lingers in the presence of a screaming survivalist, is it calculating its odds of getting fed or shot, or processing a more basic fight-or-flight reaction? It’s hard to answer these questions definitively, because we can’t read animals’ minds. That doesn’t stop Kilham from trying, however, nor has it stopped Babiarz and other Grafton residents from ascribing human motivations to the bears prowling around town.

Maybe they do so because it’s easier to think you know an enemy than it is to admit that you don’t and never will. Or perhaps, as scholars have suggested, anthropomorphism is an evolved trait, a kind of shorthand that allowed primitive humans to interpret animal behavior and protect themselves accordingly. Millions of years later, we still feel the urge to think of animals as basically like us, even if we live an infinitely safer existence; we don’t hunt to survive, and we’re not hunted. Tested only rarely in high-stakes circumstances, our assessment of creatures as friend or foe can be exaggerated or ill applied—sometimes to comic effect.


One night in the spring of 2009, in a house on a hill overlooking Grafton’s somnolent downtown, a sheep farmer named Dianne Burrington was awoken by frantic bleating. She reacted instinctively, throwing back her covers, leaping from bed, and racing to the kitchen for her rifle. Burrington, then in her fifties, grabbed a pistol from a drawer for good measure before bursting out the front door “half-assed dressed” in her nightgown and a coat.

Burrington wasn’t a shit taker—she was a shit kicker. If you were casting her in a movie, you’d want Kathy Bates: someone solid, assertive, and able to project a down-home friendliness. Whatever was out there, Burrington would deal with it. A coyote? No problem; she’d shot one before. As for bears, she’d installed an electric fence to keep them out. It hadn’t failed her yet.

She sprinted through tufted pasture toward her barn. As she got closer, she realized that most of the braying was coming from Hurricane, her llama. Standing five feet nine inches tall and weighing 400 pounds, Hurricane was the farm’s guard animal. Burrington claimed that he patrolled the fence line and kept an eye on the smallest sheep, ushering stragglers into their pens at the end of the day. He was a noisy animal; when a potential danger stressed him out, he hummed. But the sound he was making that night was more like honking, as if he was sounding an alarm.

Burrington rounded a corner of the barn and saw what had Hurricane upset: a bear, which must have slipped through the electric fence wires like a boxer entering the ring. In the ensuing chaos, as sheep stampeded away in fear, a portion of the fence had been torn from its support on the barn. Now a ewe was tangled in the wreckage, panicking. Juggling her firearms in one hand, Burrington reached into her coat pocket and pulled out a pair of scissors. A few snips and the ewe was free.

By then the bear had fled, with the llama hot on its heels. “Hurricane!” Burrington bellowed. “No!” She took off running, too, a distant third in a race toward the fence line separating pasture from forest.

Burrington feared that if the bear turned around, Hurricane would be done for. As she ran, she cocked her pistol. But the bear, flustered no doubt by the llama and the farmer, seemed not to see the thin, electrified wires he was barreling toward. He ran into them full force; their tension bowed and rebounded. The bear caromed back at an angle, spinning across the ground. When it regained its feet, the bear turned to face Hurricane. Burrington looked on helplessly.

She learned something surprising that night: Despite their cartoonish appearance, llamas can fight like hell. They have six pronounced, razor-sharp “fighting teeth” at the front of their mouths for that purpose. In a whir of gnashing incisors and pummeling hooves, Hurricane assaulted the prone bear until it managed to pull itself away, slip through the fence, and disappear from sight. The llama snorted and stamped the ground and brayed some more—this time, Burrington was sure, with pride.

Of the clashes in Grafton’s bear war, Hurricane’s triumph was an instant classic among dinner-table tales. It elicited gasps of horror and laughs of delight in equal measure. Another attack, though, prompted only frowns and solemn vows of retaliation.

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Tracey Colburn lived in a little yellow house in the middle of the woods. She was used to seeing bears in her yard, up in her trees, and raiding her compost pile, where they chucked aside cabbage in what she could only interpret as disgust. Colburn was in her forties, with long brown hair and a youthful face. She’d had a tough go of it; a breast-cancer diagnosis cut her college career short, and a long string of clerical and municipal jobs were unfulfilling. In 2012, she was in and out of work, but she had enough savings to care for her dog, Kai, a Husky-Labrador mix she’d rescued from a shelter. Kai had developed allergies to wheat and corn, two of the main ingredients in cheap dog food, so she was trying not to give him the stuff.

One muggy weekend, the kind where you leave the windows open to welcome even the slightest breeze, Colburn sliced up a cold pot roast and fed it to Kai. Then she let him out to pee. She was startled to see that her small porch, eight by ten feet, was “just full of bear.” Two of the animals, young ones, were down on all fours sniffing the deck. A bigger, older bear stood right in front of Colburn. Kai rocketed at it, and Colburn screamed. The bear lunged at the sound. “They move like lightning,” she told me.

The bear raked Colburn’s face and torso with its left paw. Its claws dug into one forearm, thrown up in self-defense, and then the other. Colburn, who’d fallen onto her back, tried to push herself inside but realized she’d accidentally closed the door when her head thumped glass. “She was going to frickin’ kill me, I just knew it, because her face was right here,” Tracey said, holding her hand about eight inches in front of her nose. “I was looking right into her eyes.”

Kai must have bitten the bear’s rear legs then, because it jerked away from Colburn. The two animals started snarling and fighting in the yard. Colburn regained her feet and scrambled inside the house, shaking from adrenaline. She looked at her right hand. It didn’t hurt, but it made her stomach turn. The bear had unwrapped the skin from the back of her hand like it was a Christmas present. The gaping hole showed ligaments, muscles, and blood. Colburn looked around her kitchen and picked up a clean dishcloth to wrap the wound.

Kai, only slightly injured, came trotting back toward the house; the bear was nowhere in sight. “Huskies prance. He come prancing out of the shadows, big grin on his face,” Colburn recalled. “Like it was the most wonderful thing he’d ever done.” But she was worried that the bear and its cubs were still out there, waiting for her. It was a terrifying prospect, because she needed to go outside. She didn’t get cell reception in her house, and she couldn’t afford a landline, so there was no way to get in touch with anyone to help her stanch the blood pouring from her injuries.

Carrying a lead pipe to defend herself, Colburn made a desperate run for her white Subaru, only to realize, once she was safely inside, that her mangled right hand couldn’t move the stick shift. Reaching across her body with her left hand, she got the car into gear and puttered down the driveway. She rolled along until she got to the home of a neighbor named Bob. When she rang his doorbell, he stuck his head out an upstairs window.

“I’ve just been attacked by a bear,” Colburn said, breathing heavily.

“Hold on,” Bob replied, and he ducked back inside. A few seconds later, his head popped back out.

“Uh, you’re kidding, right?” he asked.

Colburn conveyed, in painful shouts, that she was most certainly not kidding, and Bob quickly gave her a ride to the fire station. John Babiarz happened to be on duty. “Those goddamn bears!” he kept repeating. He called emergency responders, who whisked Colburn in an ambulance to the nearest hospital, then he phoned the Fish and Game Department. The person on the line was incredulous, like Bob before him. “It’s been a century since we’ve had a bear attack on a person,” the man said, referring to the whole of New Hampshire.

“I’m here!” Babiarz yelled back. “I see the blood!”

Doctors told Colburn that her body would heal. When she was released from the hospital, a warden from Fish and Game showed up at her house to erect a box trap in her yard. After he left, Colburn peeked at the single pink doughnut resting inside. That night she heard a bear banging on the side of the trap, but the next day the doughnut was still there. A few days later, the warden decided that the trap was useless, packed it up, and took it away.

Colburn thought about the bear all the time. She wondered how often it had ventured into her yard, onto her porch, and up to her windows without her knowing. Not like a Peeping Tom. Peeping Toms were people, and bears, she now knew for sure, were nothing like people. “If you look at their eyes,” she told me, “you understand that they are completely alien to us.”


At least one theory of aggressive ursine behavior supports the takeaway that bears are monstrous. Jaroslav Flegr, a biologist at Charles University in the Czech Republic, studies Toxoplasma gondii, a protozoan parasite that lives inside warm-blooded animals and reproduces inside cats. (T. gondii is the reason pregnant women are told to steer clear of litter boxes.) When the parasite gets into an animal’s brain, the effects can ramify through the central nervous system. Flegr explained that infected people can become less risk averse. Men with T. gondii, for instance, have higher levels of testosterone and less regard for authority than they otherwise would.

Homo sapiens aren’t the only species that T. gondii can cause to act strangely—black bears are at risk, too. A study from the Journal of Wildlife Diseases found that 80 percent of black bears examined in a lab tested positive for the parasite.

It’s compelling to imagine that a horde of bears, zombified by a brain bug that triggers risky behavior, is terrorizing a small American town. But that’s more likely the stuff of science fiction than of good science. A more probable explanation for bold bear behavior is bold human behavior—which, in Grafton, means people embracing individual liberty. And one person’s freedom, it turns out, can be another’s burden.

It’s compelling to imagine that a horde of bears, zombified by a brain bug that triggers risky behavior, is terrorizing a small American town.

Take the case of two women I’ll call Doughnut Lady and Beretta, for reasons that will soon be clear. (Neither wanted to be named in this story.) They both live deep in Grafton’s forest, and Beretta’s house is just down the hill from Doughnut Lady’s. When I met her, Beretta spoke in a sharp, clipped way, and she favored pronouncements like “My handyman is such a leftist” and “Do not write a story glorifying it.” The “it” in this case was her neighbor’s behavior. Beretta suggested that Doughnut Lady was treating a serious threat like it was all “fun and games.”

For some 20 years, dating back to around the time that Jessica Soule’s kittens were gobbled up, Doughnut Lady had been feeding Grafton’s bears. She was now in her seventies and owlish, with glasses and a no-nonsense demeanor. She told me that she started feeding the bears accidentally; they stole grub from her two cows, Princess and Buttercup. Then, several years ago, she felt sorry for the bears and got into the habit of feeding them directly. The ritual was this: Every day at sunrise, and again in the late afternoon, she tottered outside with two buckets of grain. Up to eight bears at a time waited for her at the edge of the forest, where she poured the grain into two piles and topped each one with six sugared doughnuts. The animals ate in an orderly fashion, side by side on the ground, and then the cubs would clamber up nearby trees or Doughnut Lady’s satellite dish.

The number of bears grew, and food costs ballooned. Doughnut Lady didn’t want to admit how much the enterprise cost her—“I’m embarrassed, I really am,” she admitted to me—except to say that it represented a significant portion of her monthly budget. But the bears were darn cute, and they never once bothered her cows. Doughnut Lady showed me a homemade calendar she’d compiled featuring pictures of the bears.  

Hadn’t she been worried that she might fall down in the midst of her unusual chore, leaving her vulnerable to animals the size of sumo wrestlers? In a tone that suggested I was being silly, Doughnut Lady said that the thought hadn’t fazed her. Not because she was sure-footed. Indeed, she told me that she fell frequently in winter, when the ground was slick with ice.

I soon learned that there were four or five other families in Grafton who fed the bears, in defiance of state recommendations. Fish and Game was intolerant of such generosity: If you fed one bear, the department said, more bears will want to be fed, and once a bunch of bears get accustomed to food and its human sources, they’ll keep coming back whether you like it or not. Fish and Game recommended that, in addition to not deliberately offering bears tasty snacks, people should use airtight trash cans, keep meat scraps out of compost piles, and take down bird-feeders in early spring, when bears emerge from their dens.

Late one night in 2017, the long-simmering debate about bear feeding took on added urgency when Beretta heard noises outside her house. She grabbed her gun, the brand of which you can guess, and went to investigate. Paw prints littered the ground, and she was sure she knew which doughnut-fattened creatures had left them. This wasn’t the first time the bears from up the hill—a “sleuth” of them, to use the correct collective nomenclature—had gotten too close for comfort. Once, when she was preparing to leave the house for a shift at a volunteer job, she’d been stymied by several bears prowling in her yard, blocking the route to her car. Beretta had called her boss to say that she’d be late, due to unforeseen bear. On more than one occasion, she’d seriously considered shooting a bear and turning it into a rug, but she never acted on the impulse; fashioning the style she really wanted, with the bear’s head intact, would be too expensive.

After discovering the paw prints, Beretta called Grafton’s police officer to complain about her neighbor’s feeding habits. He said he couldn’t help, so Beretta called Fish and Game, which agreed to look into the matter. That’s how a uniformed warden wound up on Doughnut Lady’s doorstep.

Like many Grafton residents, Doughnut Lady referred to Fish and Game as “F and G,” but she put her own spin on the name, so that it sounded like “effin’ G”—as in, “The effin’ G came to attack me.” The warden showed her a printed copy of the state’s public-nuisance laws and told her that her daily feedings could lead to prosecution.

“You deserve a budget cut,” Doughnut Lady told him before slamming the door.

Angry, she called a lawyer, who said that while a legal case against her wouldn’t be airtight—the state would have to prove that her actions, not some other cause, were clearly the root of a defined problem or danger—she should probably stop feeding the bears. What if they hurt someone? She was sure they wouldn’t, but she wanted to avoid further scrutiny. The next morning, she didn’t go outside for the morning grain dump. She felt terrible. Doughnut Lady couldn’t look out her window for fear of making eye contact with the hungry bears waiting for her.

“So that was it,” she said, her eyes moist.

Then, brightening, Doughnut Lady suggested that she could try a new strategy. She could plant blueberries and other calorie-rich flora that bears enjoy. She hinted, too, that she could stretch the definition of planted. Take sunflower seeds, for instance: Bears loved them, and she could scatter them on her property however she wanted. “I could just put them on the ground,” she mused, “and they’re planted.”


Fish and Game contends that “the majority of human/bear conflicts can be avoided,” to the tune of 86 percent, if people act responsibly with their grub. It was no surprise to learn that, in 2012, the year Tracey Colburn was attacked, New Hampshire suffered a drought that limited the animals’ usual fare of bushes, berries, and bugs. Fish and Game got more than 1,000 bear complaints that year, many of them describing animals anxious to get their paws on human food.

Regardless of the reasons for the attack, some locals saw it as a breaking point, a violation of the line between man and nature that demanded recompense. The day after the incident made local news, Colburn stood on her porch and watched as a pickup truck bumped up the dirt road past her house. Inside the cab were several men. The bed held a large wooden box containing hunting dogs, whose acute sense of smell and loud baying would lead the men to their prey. The men didn’t acknowledge Colburn, and she never saw them again. She was fine with that; if an illegal bear hunt was happening, she didn’t want to know about it.

I very much wanted to know about it, so I asked around. As soon as I did, I got what I learned to be a mainstay of small talk in Grafton: friendly advice. It came in various forms, like “I’m a proud gun owner” slipped with a smile between someone’s descriptions of their pets. Tom Ploszaj, a scruffy guy who lives in a trailer in an encampment where the preferred method of keeping bears away is pouring cayenne pepper all over the garbage, explained the subtext to me. “There’s a lot of places around here where they’ll never put a shovel into the dirt,” Ploszaj said. “You don’t want to find one of those places.” I had no idea what he meant, so he clarified: “If you ask too many questions, you might be in a hole in the woods, and no one’s going to find you.”

“It’s like being a German in Nazi Germany and not wanting to kill the Jews. You hear about it, and you know it’s happening, but you just don’t want to think about it.”

It never came to that, but getting answers was still like pulling teeth. During one of my trips to town, a pair of men standing on the wooden porch of the Grafton Country Store told me that an illegal posse had hunted and killed 13 bears in one day. When I pressed for details, the men clammed up, as if suddenly remembering that they shouldn’t brag to a journalist about breaking the law. Another resident said he knew about the vigilante hunt and opposed it, but would never have put up any resistance. “It’s like being a German in Nazi Germany and not wanting to kill the Jews,” he said. “You hear about it, and you know it’s happening, but you just don’t want to think about it.”

I asked the town’s police officer, Russell Poitras, about the posse, and he said he didn’t know anything about it. Would it have been possible to hear the bear hunt, I asked—all those gunshots fired in the woods? Sure, Poitras said, but gunfire was to Grafton what traffic is to a big city: background noise.

Another local resident, who asked not to be named because she feared repercussions, was more helpful. She told me that one day, in the middle of winter, when hibernating bears were easier targets than they were during legal hunting season, she answered a knock at her door. Standing there was John Dodge. He spoke of “us,” and the woman understood that Dodge was there with a few other men. They were probably behind him on the road, bundled up inside their trucks and away from the freezing air.

Dodge told the woman that the group wanted to kill a bear whose den was inside a hill on her land.

“I got nothing to do with it,” she replied.

“We need to know if we can get on your property,” Dodge explained.

“What I don’t know won’t hurt me,” she told him with a shrug. “I won’t look out my window.”

After that she heard gunfire in fits and starts. She stayed inside and didn’t peek out, as she’d promised. A few days later, Dodge told her that the posse had finished its work, which had included much more than shooting the single bear on her property. “He said they got them, emptied them out,” the woman told me. “He said it was 13.”

Would Dodge or the other men talk to me? I wondered. “They agreed that they’re not going to,” the woman said. Word had gotten around about the questions I was asking, and an omerta was in effect. This surprised me less than the revelation that I’d already spoken to Dodge some months prior. His door was one of many I’d knocked on while first sussing out tales of Grafton’s bears, before I knew about the posse.

“I just moved here,” he’d said. “I haven’t seen any bears.” Then he’d shut the door.

In fact, I learned, Dodge was raised in Grafton and had lived alongside bears his whole life. Armed with this knowledge, I drove to his house, parked across the road, and approached him when he came into his yard. Rangy, with a sun-browned forehead, skullcap of white hair, and mouth that cut a straight line across his skeptical face, Dodge listened while I explained that I wasn’t trying to get him in any trouble—I just wanted to know the story.

“I still ain’t going to talk to anybody. I don’t want nothing to do with it,” he said. “You can explain it, but I don’t want to get involved with it.”

Dodge denied taking part in any posse. He added that he’s part Cherokee, and killing bears was a violation of that heritage. Then he offered me some friendly advice: “If you find out about this bear hunt that you keep mentioning, you’re going to have a problem.” I took him to mean that the members of the posse would wield some brand of street (forest?) justice at me and anyone who snitched. I thanked him for his time and walked toward my car.

“Just leave me out of it,” he called after me. “Because a war’s going to come, and I’m going to be right in the middle of it.” What role he’d play exactly he didn’t say.


It’s easy to see locals like Dodge as foolhardy and eager to use the bear threat, whether real, imagined, or embellished, as an excuse to live out action-movie fantasies. But when I looked under the hood of New Hampshire’s law and order, I found deficiencies—the kind that people might take as evidence that they needed to act on their own.

Budget troubles in recent years have forced Fish and Game to reduce its staff size. Wardens, of which there are 32 statewide, are stretched thin. They handle upwards of 600 bears complaints annually, among thousands of other calls, and Andrew Timmins admitted that it can be hard to do much more than keep track of the number and type of reports. When I asked him if I could review the department’s paperwork on the Colburn attack, he said that none existed. “Given the magnitude of the work, sometimes details slip through the cracks,” Timmins wrote in an email, speculating on why a responding warden didn’t write the incident up. “I can tell you from experience that there are times when I would not have time to do the same.”

To a journalist, it was a frustrating answer. I imagined it might be the same for people who prefer that bears not devour pets, destroy property, or get violent with innocents like Colburn. “If the government won’t do its job, the people will,” Babiarz told me one day.

But what is the government’s job in the eyes of a citizenry that exists on a political spectrum from lightly libertarian to all-out anarchist? Only a well-funded, organized state agency can efficiently safeguard communities from bears, and Grafton is full of people who tend to support the depletion of government coffers. Babiarz, I realized, probably didn’t want a state agent coming to his farm to capture or kill the chicken-eating bear. More likely, he wanted New Hampshire to lift restrictions on his right to shoot the animal or, if he felt like it, to feed it chocolate. That was the state’s job: to protect his freedom.

“I feel, on my property, I have the right to defend and protect,” Babiarz told me. “If I see a problem bear, I will deal with it. We can argue about it in court later on.”  

What is the government’s job in the eyes of a citizenry that exists on a political spectrum from lightly libertarian to all-out anarchist?

Driving around Grafton, I passed dilapidated houses that stood like rotting teeth against a yawning green mouth of New England forest. Other fossils of town history were submerged in the intruding wilderness: platforms that once held church revivals, cemeteries in various states of senescence, foundations of long-abandoned homesteads. This, nature’s relentless fecundity, molded the town’s Great Bear Drama—a mix of luring, feeding, shouting, shooting, and storytelling. History also played a part, as did politics and culture. Vital, too, was the prism of individual experience.

One day I found myself thinking of C.I. Lewis, a New England–based philosopher who wrote a book called Mind and the World Order in 1929. At the time, his college-age daughter was dying of leukemia. Lewis used the term qualia to describe the unique properties that someone senses during a life event. His daughter, for instance, likely felt pain, the weight of her body, and the speed of time in ways that he, at her bedside, could not. What did qualia mean, Lewis wondered, for the concept of shared reality and objective truth?

Perhaps Grafton’s relationship with bears was a huge bundle of qualia, stacked like cords of wood. Every resident’s experience looked awfully like the one next to it, as if cut from the same tree, and they were all bound by the ties of a communal existence. Yet up close, each one was distinct, shaped in various ways by ferality and freedom.

Late in the spring of 2018, I visited Grafton one last time. At the end of the day, in a deepening dusk, I steered my car up a rocky dirt road and around tall, twisting trees toward Tent City. I wanted to talk to the survivalists again, to see whether their bear troubles had faded or intensified in recent months. I got there later than I’d intended and could barely see the camp in the gloom. I made out the finished barrier, more motley than originally conceived: a crude network of chain-link, metal gates, and picket-fence sections, all of it trussed together in a common function.  

I reached the road’s end; I would have to walk from there. Rolling down the window of my car, I squinted at an indistinct shape moving in the woods. Was it a survivalist, foraging for mushrooms or firewood? Or was it a bear, foraging for something else? If I couldn’t tell what it was, would the survivalists know I was human when they saw my figure approaching their camp in the creeping darkness? If not, would firecrackers or worse come flying my way?

I spent a long moment considering unwanted consequences, whether wrought by man or by beast, and the fact that danger, like beauty, is in the eye of the beholder. Then I rolled up my window and drove back the way I came, leaving Tent City to another restless night.

Murder at the Alcatraz of the Rockies

Murder at the Alcatraz of the Rockies

The inside story of the first homicide in America’s most secure prison.

By Chris Outcalt

The Atavist Magazine, No. 78


Chris Outcalt is an award-winning freelance journalist based in Colorado. His recent work has appeared on Longreads.com and in 5280, Denver’s city magazine, among other publications.


Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Daniel MoattarADXr
Cover Image: AP/Brennan Linsley

Published in April 2018. Design updated in 2021.

I.

Near dawn on April 21, 2005, José Guadian arrived at the federal prison where he’d worked for more than a decade. The bland, low-lying complex in Florence, Colorado, was located off a stretch of State Highway 67, a two-lane road running like a jagged vertical scar through the middle of the state. To the north and west, Guadian could see the Rocky Mountains towering on the horizon. They stood in majestic contrast to the land around the prison. Sun-bleached grass, scattered shrubs, no trees to speak of—it was lonely terrain.

Guadian had made a habit of arriving early for his shift; he never wanted to rush any tasks. The correctional officer walked through a metal detector and past the guards at the front entrance, then down a quiet, sterile hallway illuminated by fluorescent bulbs. At the complex’s administrative hub, he signed out a set of keys for the video-monitoring room, a small office outfitted with a desk, a couple of swivel chairs, and about two dozen small TV screens. Guadian ran through a checklist. He switched on the monitors; they were all working. Check. He inspected the VCRs connected to the screens; they were loaded with tapes. Check. The tapes were recording properly. Check.

The feed came from cameras positioned in the prison’s recreation yards. Guadian could control them from a computer at his post. It wasn’t exciting work, watching grainy video for hours at a time, but it wasn’t all that taxing either. The Administrative Maximum Facility, or ADX, ran like clockwork. Altercations among inmates were exceedingly rare, and none had been deadly. No one had ever tried in earnest to escape. On rec ops, Guadian had to stay alert in case a rare infraction occurred.

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A little before 7 a.m., his partner for the shift, Alan Aragon, arrived. That was the last item on the checklist; prison staff on rec ops always worked in pairs. Guadian radioed his colleagues in the residential units to tell them that it was time to take the inmates outside. One by one, clad in workout clothes, thick tube socks, and bulky white running shoes, some of the most dangerous men in America walked into the thin morning air.

ADX Florence, nicknamed the Alcatraz of the Rockies, is where the government locks up the serial killers, terrorists, and drug kingpins considered too dangerous to keep anywhere else. It houses more than 400 inmates, all of them men. Ted Kaczynski, the Unabomber, is there. So is Ramzi Yousef, who plotted the 1993 World Trade Center attack, and Terry Nichols, a co-conspirator in the Oklahoma City bombing. Timothy McVeigh was held there until his transfer to death row in Terre Haute, Indiana, in 2001. The inmates who aren’t household names are just as ruthless, including white supremacists who committed multiple prison murders before being shipped to the ADX and a cult leader convicted of sex trafficking and child molestation.

The prison is a veritable fortress. Located about an hour south of Colorado Springs, it’s designed to keep inmates caged and isolated. ADX Florence keeps every prisoner in solitary confinement for upwards of 20 hours per day. For someone to get out, he would have to contend with the thick concrete walls of his cell, remote-controlled steel doors, razor-wire fences, attack dogs, and armed guards.

Back in 2005, inmates were rarely permitted more than an hour or two in the rec yards each day, and deciding who was allowed to be outside together was a carefully controlled process. Authorities conducted extensive reviews of disciplinary and arrest records; they monitored inmates’ mail and phone calls. They even posed the question directly to each prisoner: Is there anyone you can’t be grouped with? Men deemed a potential threat to one another weren’t allowed to comingle. With few exceptions, this meant members of rival prison gangs never came into contact. If they did, correctional officers feared, they might try to kill each other on sight.

One of the cohorts allowed outside that April morning consisted of eight members or associates of the Mexican Mafia, also known as la Eme (Spanish for the letter M). Hardened killers and drug traffickers comprised the powerful gang; many were tattooed with a black hand, signaling that they’d made their bones. Once the men arrived in the yard, a concrete space about the size of a football-field end zone, they wasted little time. They greeted each other and started doing burpees, push-ups, and toe touches. Murderers engaged in the mundane.

From their outpost, Guadian and Aragon watched. The cameras picked up video but no audio. When a few guys clustered together, the officers zoomed a camera in on the inmates’ hands and feet, looking for the surreptitious exchange of weapons or contraband. They scanned for any unusual or sudden movements. A little over an hour into their shift, the officers hadn’t spotted anything noteworthy.

Then, at 8:21 a.m., Guadian thought he saw something.

“Hey, go back,” he said to Aragon, who was controlling the cameras.

Aragon spun a camera to the left and zoomed across the length of the rec yard. There, in a corner, an inmate was lying on the ground. He didn’t appear to be moving.


Paul Middleton was sitting in his office when his phone rang. Not his regular desk phone, but the red one. Dubbed “triple deuces,” it was one of four phones in the ADX used in the event of a life-threatening emergency. Middleton had one because, as head of the prison’s inside control, he operated every door in the facility. If someone wanted to initiate a lockdown, they dialed 2-2-2 on a landline and were connected to an officer on a red phone. Those calls almost never happened.

When Middleton picked up the receiver, he heard the voice of a distressed officer. There was a fight in progress in a rec yard in Echo Unit, the officer said, and there were inmates on the ground.

Middleton moved fast. He announced the emergency on a system that overrode all other radio communications in the prison. He unlocked a door that would allow correctional officers a clearer path to the rec yard. Then he rolled a cart of “less lethal” weapons—guns that fired either pepper-spray balls or teargas—into the hallway outside his office so that guards could grab them as they ran past.

The inmates looked relaxed, as if nothing had happened. Some even continued exercising.

When officers arrived at the rec-yard gate, the inmates looked relaxed, as if nothing had happened. Some even continued exercising. ADX policy required a three-to-one ratio of staff to inmates before officers could enter the area. To meet that standard, guards had to pull a few men out of the yard. They ordered everyone to drop onto their stomachs with their hands above their heads, then called an inmate’s name. He got up, walked to the gate, and put his hands through a slot. The guards secured cuffs on his wrists before opening the door and pulling him inside. Protocol demanded that the officers do this one prisoner at a time.

At 8:33 a.m., 12 minutes after rec ops initiated the triple-deuces alert, correctional officers had removed enough prisoners to overtake the area. As they surrounded and handcuffed the remaining men, Nona Gladbach, a nurse practitioner and the prison’s ranking medical officer that day, hurried toward the downed inmate. His body was folded against a wall. Blood was splattered on the cement around his head. He wasn’t breathing.

In her six and a half years at ADX Florence, Gladbach had gotten to know many of the inmates well, but she couldn’t tell who the man was. The skin on his face was blackened from bruising, and his features were swollen from extensive blunt trauma. One signal of brain activity is the responsiveness of pupils to light, but Gladbach couldn’t pry the man’s eyelids open to perform the test.

As staff lifted the inmate onto a gurney and wheeled him at speed to the prison’s medical center, Gladbach began chest compressions. Someone else called local paramedics, who arrived at 8:50 a.m. They spent 22 minutes trying to revive the man with CPR, intubation, and epinephrine. Nothing worked. They would have declared him dead on the spot, but federal policy required that he be transferred to a hospital before that could happen. So the paramedics loaded the man into an ambulance and drove into Cañon City, the nearest town with a hospital. Just after 10 a.m., an ER doctor called time of death.


What came next was uncharted territory: an investigation of the first homicide in a place specifically designed to prevent violence of any kind. Instead of a shank or some other crude weapon, the killer had used fists and feet to pummel a fellow prisoner to a pulp. He’d committed murder in broad daylight, with cameras everywhere, yet avoided being caught in the act. Who had done it? And, more importantly, why?

When an investigator arrived at the ADX shortly after the murder to interview the other prisoners who’d been in the rec yard that day, he got no answers. No one spouted a lie or even a perfunctory “fuck off.” One by one, the men sat down across from the investigator and refused to talk. At most they uttered “not interested.” Several inmates offered only blank stares.

The silence felt calculated. It was as if, collectively, the men had decided how to handle the situation—or were following orders. Law enforcement had to wonder: Maybe, improbably, a murder conspiracy had played out in the most secure facility in America. For the better part of the next decade, a rookie FBI agent would try to prove that it had.

II.

The agent hasn’t given other on-the-record interviews about his involvement in the investigation. His name doesn’t litter public documents about the case. The matter was so sensitive, and the criminals involved so dangerous, that he asked me to safeguard his identity and that of his family. So I’ll refer to him by his first name: Jon.

Jon grew up in the Bible Belt. In his hometown, Southern Baptist revivals were annual events. Jon, who is now in his forties and just this side of six feet tall, with close-cropped brown hair and a sleeve of tattoos on his left arm, likes to joke that the gatherings were just a bunch of guest speakers telling everyone that they were sinners. Still, he credits his religious upbringing with keeping him out of trouble. That and the fact that law enforcement practically runs in his blood.

Jon’s parents worked long hours in blue-collar jobs, so his grandparents looked after him most of the time. One of his grandfathers was a captain in the local police department. He took Jon on visits to the station and the local courthouse, introducing his grandson to friends and colleagues. People lit up when they saw Jon’s grandfather; he was that kind of guy, personable and memorable. And he loved his job as much as people loved him. He was still on the county’s payroll when he died at the age of 96.

After Jon graduated from college, he followed in his grandfather’s footsteps and joined a police force, starting out as a patrolman and working his way up to detective. He investigated robberies, kidnappings, and homicides. After a few years on the job, he started imagining what it would be like to work for the FBI. Jon liked the idea of operating with national jurisdiction and solving major crimes. He assumed, however, that he’d never make the cut to join the bureau, so for a while he didn’t try. Then one day some fellow detectives talked him into submitting an application, after which he’d have to take a written exam. To save himself the embarrassment of announcing that he’d failed, Jon decided not to tell his family what he was doing.

He took the test with about 50 other FBI hopefuls, many of whom had brought along scientific calculators. Jon didn’t have one. Would there be math on a law-enforcement exam? he wondered. There was, and it had been a long time since Jon had heard mention of the Pythagorean theorem, much less answered questions about it. By the time the all-day test was over, Jon was spent and certain that he’d done poorly. When the results came in, only two people had passed: a certified public accountant and Jon. I don’t know what they were testing me on, he thought, but it must not have been math.

After some additional screenings, the FBI invited Jon to attend its training academy in Quantico, Virginia, a cross between college and boot camp. When he finished, the 35-year-old got his first field assignment, in the bureau’s Denver division, working out of a satellite office in Colorado Springs. On his second day there, in 2006, Jon toured ADX Florence. Because it was a federal facility, he’d be investigating cases that originated there. He didn’t know much about the place going in. When he learned the identities of some of the inmates, names he’d heard on the nightly news, he realized that it was home to “a bunch of sociopaths.”

That was by design. Once upon a time, Alcatraz was the only federal maximum-security prison. The storied facility in the San Francisco Bay began housing inmates in 1934 and operated for three decades, at which point someone crunched the numbers and realized that the expense of running the Rock, as it was called, was three times greater than the operating cost of any other prison in the country. It was pricey to stock it with supplies, for one thing, including the million gallons of fresh water that had to be shipped there every week. So the feds shuttered the prison in 1963.

The next facility designated for high-risk prisoners was a penitentiary in Marion, Illinois, a small town five hours south of Chicago. Then, on October 22, 1983, members of the Aryan Brotherhood, one of the country’s most powerful prison gangs, stabbed to death two correctional officers in separate attacks on the same day. The bloody incident at Marion prompted the head of the Federal Bureau of Prisons to advocate a new approach: a lockup built specifically to keep problem inmates in near total isolation. The result was ADX Florence. The $60 million, state-of-the-art facility opened in 1994.

Jon learned that each general-population cell, constructed mostly from poured cement, contained a concrete-slab bed with a thin mattress, an unmovable stool, a writing surface, a toilet, and a sink. To avoid guards having to escort prisoners to a shower block, where they would encounter fellow inmates, the cells were equipped with timed showerheads. Each cell had a single thin window and two doors—an interior grate and a solid exterior—separated by a space called a sally port, which provided an extra layer of containment; an inmate couldn’t slide, say, a note or shank under his door for another man to grab. Meals were delivered directly to prisoners three times a day. There was no reason for a man to leave his cell, save for limited rec time.

Civil rights groups had chastised the prison for its extensive use of solitary confinement, but government officials heralded the ADX as exactly what the penal system needed. After touring the facility, Cheri Nolan, then a U.S. deputy assistant attorney general, told the press, “I’ve never seen anything like it as far as the technology and physical setup.” As far as violent incidents were concerned, the men and women who worked at ADX Florence were proud of keeping a clean record—until April 2005.

Not yet 48 hours into his inaugural FBI assignment, Jon learned that he’d be investigating the first murder at the ADX, which had badly shaken the facility’s staff. A colleague explained that, as far as he could tell, the killing had everything to do with the Mexican Mafia.

“What’s that?” Jon asked. “Like a street gang?”

“No, it’s not a street gang,” his colleague replied. “It’s the mother of all street gangs. It’s like the Navy SEALs.”


Contrary to its name, the Mexican Mafia didn’t originate south of the border. The group started in 1957 at a juvenile lockup about 60 miles east of San Francisco. Luis Flores, a 16-year-old kid from Los Angeles, hatched a plan to unite rival Mexican American crews into one supergang. Prison was a dangerous place, and the idea was that if they banded together, they’d wield more power and be able to protect themselves. About a dozen founding members started recruiting, with an eye toward inductees who were willing to attack on command. The story goes that one of the gang’s architects found tales of the Italian mob alluring and coopted its name.

By 1961, the nascent group had perpetrated enough violence at the juvenile institution that its members were transferred to an adult penitentiary, San Quentin State Prison. San Quentin sat at the end of a small peninsula abutting the San Francisco Bay, not too far from Alcatraz. The Mexican Mafia quickly asserted its influence there, and by the end of the 1960s, the gang had extended its tentacles beyond San Quentin into every correctional facility in the state. Members deliberately caused enough problems at one prison—targeting guards, stabbing other prisoners, funneling in drugs from the outside—to get transferred to another facility, where they’d again use violence and intimidation to establish their authority.

In the early 1970s, a burst of brutality in California prisons attracted the attention of the FBI. There were 36 murders in 12 months, and officials believed that the Mexican Mafia was to blame for as many as 30. The FBI was also concerned that the gang might be infiltrating structures outside the correctional system. A special agent in San Francisco penned a classified memo in 1973 that described the gang (which “controls the major lines of narcotics into California prisons”) as having approximately 750 members. Based on information gleaned from confidential informants, the memo concluded that “the Mexican Mafia has become so sophisticated that it has put together an efficient intelligence organization, pools of sympathetic lawyers, has used revolutionary groups for its own ends, and has taken over respectable Mexican-American social action groups.” As members were paroled, they established sets across Southern California. In one instance, they allegedly infiltrated a nonprofit center for disadvantaged youth.

The gang developed an organizational structure not unlike that of a Fortune 500 company.

The gang developed an organizational structure not unlike that of a Fortune 500 company, with ranking members and a voting board that weighed in on matters like which new associates to recognize and which hits to approve. But membership wasn’t offered freely. Becoming a mafioso often took years. It required a current member to act as your sponsor and prove your willingness to kill. Once you were in, the rules of the gang were clear. No homosexuals, informants, or cowards would be tolerated. Members couldn’t harm each other without sanction, sleep with fellow mafiosi’s wives or girlfriends, or steal from one another. Joining the gang was a lifelong commitment. Dropouts would be killed, no questions asked.

Over the next two decades, la Eme continued its vicious reign. There were murders on the streets of California, stabbings in attorney visiting rooms, and violent feuds with other prison gangs. Reportedly, in the early 1990s, the group considered assassinating California governor Pete Wilson over what it viewed as an anti-Latino proposition to bar undocumented immigrants from using certain public services. According to The Black Hand, a book by journalist Chris Blatchford, the California Highway Patrol received eight separate tips that Wilson might be in danger, including mentions of a $1 million hit by la Eme. The agency investigated the tips but found nothing. An assassination attempt never materialized.

In 1995, the federal government filed an 81-page indictment against 22 alleged Mexican Mafia members and associates under the Racketeer Influenced and Corrupt Organizations (RICO) Act, the statute that designates penalties for offenses committed as part of an ongoing criminal enterprise. The FBI had flipped a high-ranking mafioso; he’d agreed to wear a wire, which netted damning evidence of murder, extortion, and kidnapping. Thirteen of those arrested were ultimately tried, and all but one were found guilty. At sentencing, prosecutors sought to cripple the gang by dispersing the convicted to various federal penitentiaries. Distance, they believed, would hamper communication and collusion. In fact, it helped the gang plant seeds across the entire country.


A few years later, the government tried again to undercut la Eme. In the early-morning hours of February 2, 1999, hundreds of law-enforcement officials suited up in tactical gear and fanned out across Los Angeles County. Armed with search and arrest warrants, they raided homes and businesses, sweeping up hundreds of suspects believed to have gang ties. Twenty-seven people were indicted under the RICO Act. Among them was Manuel Torrez.

A married father of four, Torrez, nicknamed Tati, was in his fifties. He’d spent much of his life in and out of state prisons. His kids only got to know him during the spurts—two years here, three years there—when he wasn’t locked up. I spoke with his son Andres, now 39, who told me that his father had tried to shield the family from the violence of the gang. Torrez took his two sons hiking in the hills outside Los Angeles, and he spoiled his two daughters, bringing home bags of candy and hiding the sweets from everyone except the girls. Occasionally, Torrez would throw a mattress in the back of his pickup and take the family to a drive-in movie.

Torrez told his kids that, although he couldn’t act as a role model for how to get up every morning and hold down a nine-to-five job, he could be an example of the awful things that would happen if they took the same path he had. “I’ve done enough time for everyone,” he said.

It was impossible for him to separate his two lives completely. Andres saw his father get arrested once. On another occasion, the narcotics cops who kept close tabs on Torrez pulled him over while he was running errands with Andres. When they noticed a white substance on the car’s dashboard, the police crowed, “We got you, Tati!” But it wasn’t cocaine; it was residue from a jelly donut that Andres had just finished eating.

Torrez’s past caught up with him in 1999, when he was charged under RICO for a range of allegations involving homicide, assault, extortion, and possession of drugs and weapons. According to a member of the Metropolitan Violent Gang Task Force who was involved in the bust, Tati was a big get: a longtime mafioso suspected of ordering numerous hits. Torrez pleaded guilty and was sentenced to 13 years at Lompoc, a federal prison an hour north of Santa Barbara.

He was senior enough in the Mexican Mafia that, at Lompoc, he was able to take charge of the yard—a coveted leadership role. As a seasoned gang veteran, Torrez no longer had to do any dirty work, but he oversaw it all: drug deals, assaults, and other violent business. When officials realized the power he wielded, they decided to put Torrez somewhere far from his connections in la Eme. The government transferred him to ADX Florence.

Torrez was in his sixties by then, with four grandkids back home. At the ADX, he gained a reputation as one of the graying old guard. He moved slowly when officers escorted him down a hallway or up a flight of stairs. Sometimes he had to steady himself against the prison’s walls. Andres told me that, at some point, his father had suffered a stroke.

The morning of the rec-yard murder, after the commotion had settled, ADX staff realized that Torrez was the man missing from Echo Unit. Fingerprints confirmed his identity. Less than a year after arriving in Colorado, the inmate whom a correctional officer once described as a “used-up gangster” became the prison’s first homicide victim.

III.

Jon began his investigation by reviewing what the prison staff knew. As guards cleared the rec yard, one of them had noticed that an inmate’s shoes were spattered with blood. The prisoner’s name was Richard “Chuco” Santiago. He was a short man with a thick build and intricate tattoos, including several Aztec figures, covering his arms and chest. When guards arrived at his cell, they found Santiago stripped to his boxers and bent over his toilet, dunking his clothes and shoes in the water.

“What do you want?” Santiago asked as the officers entered the sally port. “I’m just washing some clothes.” The guards ordered him to stop. He looked right at them and kept going. Only when he was threatened with forceful extraction did he comply.

Santiago wasn’t a troublemaker. The guards considered him polite and respectful, and it was unusual for him to ignore an order. Still, there’s a common saying at the prison—no one winds up at ADX Florence by mistake—and Santiago was no exception. At 45, he’d amassed an extensive rap sheet that stretched all the way back to his teenage years: armed robbery, assault with a deadly weapon, felony possession of a firearm, narcotics violations, parole violations. When he committed the crime that put him away for life, he was already locked up. On the afternoon of January 25, 1989, he stabbed another inmate to death while working his shift in the kitchen at Lompoc. DNA testing linked Santiago to the crime, and his cell mate testified at the trial that, a few weeks before the murder, Santiago had asked what it would take to get into a prison gang. The cell mate also said that, the night before the killing, he’d overheard Santiago discussing a hit with a member of the Mexican Mafia. Santiago was found guilty in 1993 of the murder that, in all likelihood, had secured his place in la Eme.

After moving Santiago to a holding area, the ADX guards’ next step was to review the tapes from the rec yard’s cameras to figure out what they’d missed. The eerie, gruesome footage began at 8:15 a.m., six minutes before Guadian noticed Torrez on the ground. Torrez was doing toe touches near a camera in one corner of the yard. Santiago and another inmate, Silvestre “Chikali” Rivera, stood about ten feet away. Rivera swung his arms in a windmill motion, as if warming up for a workout. Santiago approached Torrez alone, and Torrez appeared to reach out to shake Santiago’s hand. Then Santiago darted at him and threw a punch. The blow pushed Torrez backward, directly underneath the camera. His position made it impossible for the lens to capture the attack.

The only other camera in the yard was in the far corner, which also made it difficult for officers Guadian and Aragon to spot what happened next: Rivera and Santiago punching and kicking Torrez in the ribs and head for two minutes straight. The attackers then took breaks, walking away from their victim. At one point, Santiago sipped from a water bottle. Then he went back and delivered several more blows. Torrez’s body jolted with the impact of each kick but was otherwise motionless. Four minutes after the final phase of the assault, guards arrived at the yard.

The attackers took breaks, walking away from their victim. At one point, Santiago sipped from a water bottle. 

Later, when officers went to retrieve Rivera from his cell, he appeared to be shaking. The 47-year-old had never been charged with murder; he’d first gone to prison in 1979, when he was 21, for committing a string of bank robberies. He’d struggled with heroin addiction, and his prison file included write-ups for assaults on other inmates, peddling illegal drugs, and cooking a 25-gallon batch of contraband wine. Once, at another facility, he’d tried to escape by using a hacksaw to get out a window. He’d been transferred to the ADX from another lockup for beating and biting inmates and getting caught with heroin.

The day after the murder, while moving through a special housing unit for disciplined inmates, Rivera spoke to the guards escorting him. “I know you guys are mad at me for what I did,” he said, according to one of the officers.

The guards didn’t respond. Rivera kept talking.

“While I’m at rec, I heard this was the first at this facility,” he said. “Is that true?”

“What are you talking about?” an officer responded.

“What I did,” Rivera said. “I heard it made the news.”


When Jon watched the security footage, he wondered what there was to investigate. The case wasn’t a whodunit. This is ridiculous, he thought. It’s so obvious. Jon figured even the greenest of prosecutors could hit play on the tape and have a reasonable shot at extracting guilty pleas from the two inmates. And if the men didn’t admit what they’d done, surely it wouldn’t be that hard to convince a judge and jury to convict them.

“Boy,” Jon told me, “I didn’t know what I was talking about.”

Among the things he didn’t immediately comprehend were the legal peculiarities of the prisoners’ circumstances. Santiago was already serving life in prison; Rivera had another 15 years behind bars. In the grand scheme of the men’s incarcerated lives, a plea deal for, at a minimum, a few decades would mean very little. The government wanted to send a message to gangs: Stop killing behind bars. The question, then, was how to punish prisoners who’d all but reached the end of the line. One possible answer was the death penalty.

The Justice Department’s Capital Crimes Unit reviews federal cases that are eligible for death-penalty proceedings, and all first-degree murders are eligible. The death squad, as it’s known among defense lawyers, exists so that the same standard is applied to capital cases in Colorado as in, say, Georgia. Requesting permission to take someone’s life, however, calls for more than grainy video from a security camera. To begin with, it requires proving intent and premeditation. In the Torrez case, that would mean examining the inner workings of the Mexican Mafia.

Jon saw a thread that, once tugged, might help him unravel the backstory of the crime. Torrez and Santiago had been at ADX Florence since 2000 and had been housed in the same unit for almost a year; they’d been in rec yards together dozens of times and never seemed to be in conflict. Rivera, on the other hand, had arrived at the prison only a few weeks before the murder. The morning of the crime was only the second time he’d ever been outside for group rec. Jon wondered if Rivera had been the catalyst for the killing.

That question also piqued the interest of the prosecutor assigned to the case. Bob Mydans, a fit man in his fifties, with a square jaw and a full head of dark hair, was a longtime assistant U.S. attorney in Denver known for handling complex litigation. He’d helped bring down the city’s major mob family, the Smaldones, and prosecuted the so-called Cowboys, seven prison guards indicted for conspiring to deceive, threaten, and even torture inmates and hide the evidence.

In early 2007, Mydans invited Jon to his office on the 16th floor of a high-rise building with sweeping views of Denver’s downtown. Jon, who lived south of the city, didn’t make the trip to the capital often. It felt bureaucratic and stuffy. He preferred a slower pace of life and easy access to the mountains. He was relieved when he instantly connected with Mydans. They shared a deep love of the outdoors, and Mydans, 23 years Jon’s senior, boasted of exploring every continent except Antarctica. They talked about hikes in Rocky Mountain National Park that tourists too often skipped.

Then they began formulating a plan to tackle the ADX case. According to prison guards, a rumor was floating around that Santiago was a torpedo, slang for someone designated to carry out la Eme’s bloody business on the inside. If true, high-ranking mafiosi had decided to green-light Torrez, or mark him for death. Then they’d gotten word to Santiago, possibly through a messenger. One of the leaders of the Mexican Mafia, Adolf “Champ” Reynoso, was locked up at ADX Florence. Could he have called the shots? Or could the green light have come from a mafioso at another prison or one living on the outside?

Before Jon drove home, Mydans proposed setting up an office for the FBI agent next to his own. He wanted Jon to have the option of being just a shout away the deeper they dug into the case. “We both knew what we were getting into,” Jon told me.


The Mexican Mafia purportedly kept a secret list of approved hits. “Every now and then, a copy would surface,” Jon said, “and it was freakin’ 15 pages long.” The lists were almost certainly fake; the real one, if it existed, lived in the minds of the gang’s leadership.

If Torrez had ever been targeted for a hit, the FBI’s field office in Los Angeles might know. No place in the country boasted more experts on la Eme, and at least one analyst worked the beat full time. Jon and Mydans decided to pay them a visit.

When the two agents stepped off the plane onto a jet bridge at LAX in 2007, the sun was warm and bright. It felt invigorating. What they encountered at the FBI office did, too; the place was like a library stocked with every book they needed. “They had a ton of intel,” Jon said, ranging from historical documents about the gang to files on current members. “We wanted it all.” That was the strategy: collect as much information as possible and sort through it later.

Mexican Mafia tattoos (Department of Justice)

Agents in L.A. shared the taxonomy of Mexican Mafia power players and a rundown of who was housed in which prisons. They also offered access to two pools of valuable sources. The first were behind bars: men associated with la Eme who had struck a deal agreeing to pass along information and rumors to the FBI. The second were gang defectors, who at great risk to themselves had provided information about la Eme to the government. They’d been placed in witness protection and were living under new identities in remote locations across the country.

Jon and Mydans decided to meet with countless sources in person. “It’s not like you’re going to get a subpoena and read through their email,” Jon said. He and Mydans flew all over the country, visiting dusty towns with a couple of stoplights and a Chili’s. Mydans seemed to relish the work. He was a traveler at heart. “Everywhere he went, it was going to be an adventure,” Jon said. Mydans loved to stop locals on the sidewalk and solicit restaurant recommendations. To him, eating ribs off a paper plate at a hole-in-the-wall barbecue joint was a form of enlightenment.

Among the people they met with were ex-mafiosi. Jon couldn’t tell me who the defectors were, where they were located, or the specific intelligence that they shared. Putting identifying information into the world risked the Mexican Mafia showing up on its former members’ doorsteps and killing them on the spot.

The trips produced several explanations of why la Eme might have green-lit Torrez, but one came up more than the others. Before his arrest in the 1999 RICO case, Torrez had been involved in the drug trade in Southern California. He’d used the Mexican Mafia’s muscle and threats of violence to collect taxes from dealers and junkies; they paid him for the right to sell and to use on the streets. But Torrez overstepped. He wanted taxes from another mafioso’s territory, so he’d had the man killed—a clear violation of two gang rules: You don’t interfere with another member’s business, and you don’t unilaterally decide to kill another mafioso.

That would mean Torrez was murdered in 2005 for something he’d done in the 1990s. Such a long delay isn’t unheard of. In the Mexican Mafia, it can take years for information about an offense to circulate, and even longer for leadership to sign off on a hit, given how diffuse and secretive the gang is—to say nothing of the fact that, in many instances, both shot callers and their targets are in lockup.

Jon and Mydans came to believe that Rivera was the messenger who’d arrived at ADX Florence with confirmation of the green light and communicated it to Santiago. During the investigation, Jon heard stories of the extraordinary lengths la Eme went to when it wanted that kind of information conveyed. The message didn’t always come directly from a high-ranking member. Maybe another inmate had told Rivera while riding with him in a transfer van or sitting with him in a holding cell. Or maybe word had been passed through a corrupt correctional officer or attorney.

Equally alarming were tales of how la Eme manipulated legal cases against its members and associates. The gang viewed discovery—the phase when lawyers share evidence in advance of a trial—as a fact-finding mission. It was an opportunity to identify defectors and snitches and to learn how the feds were gathering their intelligence. Armed with that information, the Mexican Mafia could figure out ways to clog the investigative process or order hits against cooperators. “They value life so little, it’d be nothing for them to go put a shank in somebody just so they could take it to trial and corner all these witnesses up,” Jon told me.


Jon watched the security footage of Torrez’s murder so many times that he lost count. Some days, when he and Mydans weren’t on the road, he would arrive for work, sit down at his desk, bring the video up on his computer, and hit play. He memorized the men’s movements and gestures. He looked for clues he might not have seen the previous dozen times he’d watched.

The morning of the murder, guards hadn’t taken Rivera out to the rec yard right away. It seemed to have been an honest clerical oversight. When Rivera hailed an officer to his cell and said that he should be outside, the guard checked prison records and realized that the inmate was right. Rivera was shackled and led to the yard. The whole process took about ten or 15 minutes. In the intervening time, as Jon saw on the security footage, Santiago appeared to wonder where Rivera was. At one point, he stood talking next to a small window in one of the walls facing the rec yard. Based on diagrams of the ADX, Jon could see that the window was in Rivera’s cell.

Because the footage had no accompanying audio, Jon decided to visit the ADX to discern what the inmates knew about the conversation. Maybe someone from a rival gang had seen something from his window or had heard a fragment of a rumor about what was said through a drainpipe, which carried voices between cells. Jon approached the prison’s in-house law enforcement, Special Investigative Services, for help.

“Do you guys have an interview room?” he asked.

“Yeah,” one investigator said. “But you can’t use it.”

No one wanted to be seen, willingly or not, talking to an FBI agent. It could mark him as a traitor.

No one wanted to be seen, willingly or not, talking to an FBI agent. It could mark him as a traitor.

Guards had to be crafty. One tactic, later discussed in court proceedings, was to pull an inmate from his cell under the pretense of a doctor visit or a lawyer call, then escort him to an out-of-the-way area where Jon waited on the other side of a thick pane of glass. Still, when prisoners saw or heard that someone was being moved through the block, they got curious. “Hey guard, why’s this guy getting out?” one would yell from his cell. If the answer was “dentist appointment,” the skeptical retort was, “I didn’t know he had teeth problems.”

Jon was nervous about the interviews. He mostly met with gangsters; the big-name prisoners, terrorists like the Unabomber, were segregated in special units, disconnected from where the Torrez murder had happened. Jon sat across from men with hard-bitten countenances. Lives of violence and incarceration had left them tattooed, scarred, and bitter. Some had been locked up by the FBI, and when Jon flashed his badge, they turned hostile and demanded to be taken back to their cells. Others, though, seemed desperate to talk. Not about the murder—no one, it turned out, had anything pertinent to say about that. They just wanted to shoot the shit. The men had stumbled into a disruption to the monotony of their daily lives and wanted to stay in it as long as they could.

Though Jon came away from the interviews with very little, the ADX guards shared an important tidbit. Just before he was killed, Torrez had used the yard’s intercom system, which allows inmates to ask guards questions. He’d asked where Rivera was. “It’s crazy,” Jon told me. “He’s inviting his killer to come outside. It’s like [the gang] got word to him that Rivera’s got something he wants to share that’s really important. Then Rivera shows up and it’s, ‘Yeah, by the way, you’re green-lit.’”


By early 2010, Jon and Mydans were confident that they had the evidence they needed to support their green-light theory. Mydans filed a straightforward, two-count indictment at the federal courthouse in Denver. It alleged that Santiago and Rivera had “willfully, deliberately, maliciously and under premeditation and malice aforethought” killed Torrez. It kept details about the hit, like who might have ordered it, to a minimum. Presumably, Mydans wanted to hold that knowledge close until trial.

Court was still a long way off. There would be standard pretrial motions and maneuverings. More important, the Capital Crimes Unit had to decide if it wanted Mydans to pursue the death penalty. He and Jon waited a year before they heard from the unit.

In March 2011, Mydans announced that he would seek the death penalty against Santiago but not Rivera. The reason why was tied up, at least in part, with a deft move by Rivera’s defense attorney, David Lane. A prominent Denver lawyer whose name was on a short list of people approved to act as court-appointed counsel in capital cases, Lane had taken Rivera’s case in 2010. Like Jon, when he first watched the security footage, he felt uneasy. It reminded him of an old newspaper cartoon in which a lawyer sits in a jail cell talking with his client. In Lane’s recollection, the caption said something to the effect of, “OK, the crime is on videotape. You’re plunging the knife in 52 times. Then you get in your car, run over the guy. It was in Times Square, and there are 10,000 eyewitnesses. Your fingerprints are on the knife, and your DNA is all over the body. Now, here’s my plan.”

Lane decided that his first duty was to save his client from the death penalty. On that front, he saw an opening. When he learned about the unsolicited comments Rivera had made to a pair of guards the day after the murder, seemingly admitting to the crime, Lane noted two relevant facts: First, although he’d spent much of his life in America, Rivera was a Mexican citizen. According to the Vienna Convention, an international treaty, citizens of one country arrested in another must immediately be appraised of their right to speak to counsel. The second fact was that no one had advised Rivera of that right. Testimony about Rivera’s comments, Lane believed, shouldn’t be admissible.

Arguing that the government had violated the Vienna Convention wasn’t an ironclad legal tactic—among other problems, the Senate has never ratified the treaty—but it was a canny diplomatic move. The Mexican ambassador to the United States agreed to write a letter to then attorney general Eric Holder and secretary of state Hillary Clinton. “The Government of Mexico has no record of any consular notification ever being provided in Mr. Rivera’s case,” it stated.

Two months after the letter was delivered to officials in Washington, Mydans announced his intent in the case. Rivera sidestepping a death-penalty prosecution meant that he and Santiago would be tried separately. Rivera’s trial would come first. Before it could begin, though, tragedy struck.

Satellite view of ADX Florence (Google Earth)
Satellite view of ADX Florence (Image: Google Earth)

IV.

In 2008, two years into the investigation of the Torrez murder, Jon had met a woman I’ll call A.K. when she joined the FBI office in Denver. A.K. had always wanted to work at the bureau. A self-described geek and overachiever from the Midwest, she was the kind of recruit who, unlike Jon, had studied for the math on the entrance exam. She’d served in the military as an intelligence analyst. In Colorado, she was assigned to the international terrorism desk. More than a year later, Jon asked her out, and among their first dates was a hike in Rocky Mountain National Park, one of those hidden gems that Jon and Mydans liked to talk about. The pair trekked about a mile and a half up to Dream Lake, a long, narrow body of water nestled among emerald-colored fir trees and 10,000-foot slate peaks. It was a beautiful spot, particularly in winter. After several years of dating, Jon and A.K. decided to get married there.

The morning of Saturday, February 18, 2012, was brisk. Jon and A.K. bundled up, strapped snowshoes onto their boots, and headed up the snow-covered trail toward the lake. The ceremony took place at the edge of the water, and the officiant was the only witness. On their way down, they ran into a stranger and told him they’d just gotten married; he agreed to take their picture. To celebrate, the pair spent the night at a cabin in the park.

When they descended the next day and regained cell service, their phones lit up with messages and missed calls. They weren’t from friends or family offering congratulations, however. They were from colleagues calling with terrible news: Mydans had died of a heart attack. It had happened while the attorney was snowshoeing with his wife in Rocky Mountain National Park, not far from the happy couple on the edge of Dream Lake.

Jon was devastated. He’d spent the first six years of his FBI career working closely with Mydans, living and breathing an unprecedented case. At the funeral a few days later, Mydans’s boss, U.S. attorney John Walsh, said in prepared remarks, “We tried some difficult cases as a team, and there was no one better to do it with.”

Within a few weeks, Jon decided to hand the Torrez case to A.K., who by then was off the terrorism desk and working other crimes, including some at ADX Florence. Jon was confident that he and Mydans had built a strong argument. By transferring responsibility to his wife, Jon would still be close to the trial, and he could advise or consult if the FBI needed him. But he would also have space to grieve while working his new beat: white-collar crime.

U.S. attorney M.J. Menendez took over Mydans’s role as lead prosecutor. She and her second chair, Valeria Spencer, had work to do; there were 873 pretrial filings. In part that was because death-penalty cases are so complex. They can drag on for years. Lane, Rivera’s attorney, even moved at one point to dismiss the charges against his client on the grounds that the prosecution had failed “to commence the case against him within such a time as to afford him his right to due process and to speedy trial.” The request was denied.

Rather than try to prove the green-light theory that Jon and Mydans had worked so painstakingly to bolster, Menendez and Spencer decided to take a more conservative approach: They were going to rely on the security footage to convince the jury that a murder had occurred, but not dwell on whether or not la Eme had ordered it. The lawyers declined to discuss with me why they made that decision. Though she wasn’t involved in trial strategy, A.K. pointed out that green-light theory added complexity and risk to the proceedings, so the lawyers did what, to them, seemed most sensible.

Jon agreed with his wife’s take. Still, he told me, “We could have presented that case the day after the murder happened.” Gone was the opportunity to discuss publicly and in detail the channels by which the Mexican Mafia ordered hits. Gone was the chance for ex-gangsters to take the stand, with their identities protected if they chose, to declare that Santiago was a torpedo.


Rivera’s trial opened in Denver on April 6, 2015. For security reasons, the jury was sequestered and anonymous; each member was assigned a four-digit number, affixed with his or her initials, as an identifier. The defendant, wearing a checked shirt, gray slacks, and a salt-and-pepper mustache, sat next to his attorneys with his legs chained to a bucket filled with cement. U.S. marshals were positioned nearby.

In her opening statement, Spencer ran the surveillance tape for the jury. “What you’re about to see,” Spencer said, “is footage from those cameras … showing Mr. Rivera and Mr. Santiago taking an old man in ill health completely by surprise, attacking him, and killing him. The video will also show how the other inmates on the yard did absolutely nothing in response.” She didn’t mention the possibility that the Mexican Mafia had ordered the hit.

The defense opened with a different theory. “There was a plan to commit a murder on April 21, 2005,” defense co-counsel Kathryn Stimson said, “but that plan was by Manuel Torrez, and that murder was planned for this man who sits before you today, Silvestre Rivera.” The defense intended to show that, were it not for Santiago stepping in to help Rivera, Torrez would be the one on trial for homicide. Her client, Stimson continued, “was acting in self-defense … to protect himself and save his own life.”

It’s common after a prison murder for the perpetrators to claim that they did what they had to do. What worried the prosecution wasn’t the approach; it was the defense’s promise to call witnesses who would prove its theory, including another ADX inmate. In all their years of investigation, Jon and Mydans had never been able to secure an eyewitness to the murder.

For the next four days, while laying out their side of the case, Menendez and Spencer called more than a dozen people to testify. Each one provided a detailed account of what happened the day of the murder, from the moment rec ops noticed Torrez on the ground to the moment he was declared dead. José Guadian choked up on the stand while recalling what he’d seen in the video-monitoring room. “It didn’t matter that they’re inmates to me,” Guadian, who’d since left ADX Florence to work for the Department of Homeland Security, told the jury. “It’s that this happened on my watch.” A paramedic testified that the only other instances when he’d witnessed the extent of trauma Torrez had suffered was in people who’d jumped from the nearby Royal Gorge Bridge, which spanned a rocky chasm 1,000 feet above the Arkansas River. The coroner who’d examined Torrez’s body reported that the inmate was almost certainly dead before he was removed from the ADX; in fact, he may well have died before he was carted out of the rec yard.

When the defense took over, the attorneys depicted ADX Florence as a place where the kill-or-be-killed way of life common in many prisons was at its most extreme. Lane called Wayne Bridgewater, 63, to the stand as a sort of character witness. Bridgewater was a member of the Aryan Brotherhood and had been behind bars for 42 years; he was serving four consecutive life sentences at the ADX, each for a different prison murder. He’d agreed to testify because he thought Rivera seemed like a decent person.

The attorneys depicted ADX Florence as a place where the kill-or-be-killed way of life common in many prisons was at its most extreme.

“When you are in prison and somebody accuses you of being a ‘check-in,’” Lane asked, “are you familiar with that term?”

“Yes,” Bridgewater said.

“Explain to the jury what that means.”

“That means that somebody went to prison staff and requested to be locked up in a segregation situation, to be away from all other inmates.”

“And what does that signal to the rest of the inmates?”

“That he’s a coward.”

“What’s wrong with being labeled a coward?”

“Prison isn’t a good place to be labeled a coward.”

“Why?”

“You know, it’s prey to predator in prison. So if you’re not a predator, you’re going to be prey. That just opens the door for that.”

“If somebody were to walk up to you and say, ‘I thought you were a check-in, Bridgewater,’ how would you take that?”

“I’d kill him.”

“Why?”

“Because he’s being disrespectful to me.”

“I don’t understand. You would kill him because he’s being disrespectful to you?”

“Yeah.”

“Why is that a capital offense?”

“You got to understand the honor code that we live by in prison,” Bridgewater replied. “First thing is, you don’t allow people to disrespect. You know, you live your life by certain moral codes in prison, and you live and die by them.”

The following day, the defense called another ADX inmate, Arcadio Perez. He’d been in the rec yard when the murder happened. He’d also been Rivera’s cell mate at a previous lockup. Menendez and Spencer had no idea what Perez was going to say to the jury, but they sensed that he was the defense’s key witness.

Speaking through an interpreter, Perez shared a very different account of the crime. He said that Torrez had asked him multiple times to help kill Rivera. (Because Rivera was an associate of la Eme and not a made member, Torrez wouldn’t have needed approval from the higher-ups.) A few days before the murder, a fellow prisoner who, because of good behavior, was allowed to clean the prison’s halls, had passed Perez a note from Torrez. It said that Rivera had been disrespectful and had to be dealt with. Stimson, who was questioning Perez, asked what he’d done with the note. He said that he’d ripped it up and flushed it down his toilet “because it was a hot letter.” Perez also told the court that, in the rec yard, Torrez said he’d smuggle in a piece of metal to use in the hit. Torrez would signal the attack on Rivera with a simple “let’s go.”

During cross-examination, Spencer tried to undercut Perez’s credibility by playing the security footage and pausing at moments when Perez and Torrez stood next to each other in the yard. Was that when Torrez said that he wanted to kill Rivera? Perez said he couldn’t remember. When Spencer pressed him, he insisted, “I’m not lying to the ladies and gentlemen of the jury. He said to me, ‘We’re going to kill him.’”

Spencer also broached Jon and Mydans’s green-light theory, one of only a few instances during the trial when the idea was mentioned. “You knew that Mr. Rivera had come over to ADX and brought that final piece, that final message over, that the green light was activated on Mr. Torrez and it was time to kill him, didn’t you?” Spencer asked. The defense pounced, objecting that the question rested on facts that weren’t in evidence. The judge allowed the question, and Perez said that he’d never heard about any green light. Spencer didn’t pursue the matter further. (Lane, for his part, was dismissive of the theory that Rivera was a messenger. “There are ways to pass messages without having Silvestre Rivera come to the ADX,” he said in an interview.)

Rivera was the last person to testify. The courtroom fell silent, and the jurors’ posture stiffened in anticipation of what the defendant had to say.

“Did you intend to kill Manuel Torrez?” Stimson asked.

“No, I did not,” Rivera said.

“Did you kill him?”

“Unfortunately, yes.”

“Why?”

“Because if I didn’t get involved right then and there, I would be the one dead that day.”

“How do you feel about the fact that he’s dead?”

“I feel bad. I feel bad because a life was taken. I ain’t never done that before, but it was either him or me. That’s the way it was.”

Rivera claimed that Torrez had become angry with him. He couldn’t say for sure why, but he had a guess. There were often internal disputes within the Mexican Mafia. Over the years, Rivera had become close with a few guys Torrez didn’t get along with, including one who’d wanted him dead. Rivera revealed those connections during his first day in the rec yard. Later Torrez shouted at him, “I’ll take your fucking life, you fucking punk.”

Rivera had been surprised when Santiago, who’d once held the title of boxing champion at San Quentin, offered to look out for him. “Don’t worry,” Rivera recalled Santiago saying. “I got you.”  

From left: Manuel Torrez; an ADX cell (Photos: Courtesy of Torrez family; AP/Mark Reis)

The jury didn’t reach a verdict right away. After a full day of deliberation followed by a night of rest, they reconvened at 8:30 a.m. on April 21, 2015—exactly ten years after Torrez’s murder.

At 12:02 p.m., the jurors sent word to the judge that they had a question. The attorneys gathered in the courtroom to hear it read aloud: “Would you consider providing us the ability to consider a charge to a lesser degree than murder in or to the first degree?” This almost certainly indicated good news for the defense. Lane, however, had already discussed this possibility with his client, and Rivera didn’t want the judge to consider another charge. He was approaching 60 and still had several years on the books for his bank robberies. Any felony conviction would amount to a de facto life sentence; his only chance of seeing the outside world again was to beat the murder charge altogether. The judge said no to the question.

At 5:23 p.m., the jury returned its verdict: guilty. The defense’s gamble had failed. Rivera would spend the rest of his life in prison.

Afterward, the judge let the lawyers speak with the jurors. More than one indicated that the deciding factor was the duration of the assault. Rivera had claimed self-defense, but what the jury saw in the surveillance video was a few too many punches and kicks after the supposed threat had been neutralized. No one spoke about the possibility that the hit had been ordered.

When A.K. got home after spending the duration of the trial at a hotel in Denver, she and Jon decided to open a bottle of wine, something special. “We’re pretty simple,” Jon told me, “so special’s not $200 a bottle.” There’s a line of California wines called 19 Crimes; each label bears the backstory of a legendary convict. That night, Jon and A.K. drank a cabernet called the Prisoner.


Sentencing was a formality. Nevertheless, at the hearing a few weeks after Rivera’s conviction, both sides of the case had something to say. The prosecution introduced letters written by Torrez’s sons describing their father. “My Dad was a man who loved his family and worked hard to keep us from his lifestyle,” one read. “I just want the court and these two cowards to know that when they killed my Dad, they didn’t kill a ‘crime boss’ or a ‘shot caller’ NO! They killed my dad, my Mom’s Husband, & my Children’s Grandfather! They denied us the opportunity to share our special moments with him.”

Lane followed up by admonishing hypocrisy. “The government is humanizing Mr. Torrez and completely dehumanizing Mr. Rivera and Mr. Santiago,” he said. “Had this day gone according to plan, Mr. Torrez would be seated in this courtroom facing a death penalty for the murder of Silvestre Rivera…. The fact that Mr. Torrez is the person who ended up in the morgue that day and not Mr. Rivera is not lost on anyone, but just as Mr. Torrez is a multifaceted human being, or was, so is Mr. Rivera, so is Mr. Santiago.” The statement pointed to what Lane saw as a flawed, even inhumane attempt to impose the same standards and assumptions that govern the outside world on a place like the ADX, which one of its wardens had described to the press as “a clean version of hell.”

All life is fragile; at ADX Florence, it was constantly under threat. Why, Lane wondered aloud, did the legal system struggle to acknowledge that reality?

In the end, no one got the chance to make the same case in Santiago’s defense. A few months after Rivera’s trial, the government offered Santiago the opportunity to plead guilty and avoid the death penalty. He took the deal.

V.

Several times during our conversations, Jon remarked on how frustrating it can be when cases drag on or don’t go as planned. I asked how he handles the stress of his job. “I’m not sure,” he replied. “Bourbon helps.”

Jon hasn’t been back to ADX Florence in several years. A.K. still works cases based there, but she’s never handled a homicide. There hasn’t been one since 2005. In recent years, the prison has more often made headlines for potential civil rights violations. A class action lawsuit, the largest ever filed against the federal Bureau of Prisons, was settled in January 2017. Attorneys alleged widespread abuses of mentally ill prisoners and “deplorable conditions of confinement that are inhumane to these prisoners.” The suit described inmates who, traumatized in solitary confinement, ate their own fingers or sliced off their earlobes, and others with preexisting conditions like depression that the prison neglected, sometimes to the point that prisoners committed suicide. The ADX agreed to improve inmates’ psychiatric evaluations, and it transferred more than 100 prisoners with diagnosed mental illnesses to other facilities.  

The most tangible outcome of the Torrez murder was a policy change that surely displeased the lawyers battling for better conditions at ADX Florence. The day after the crime, the warden ended group rec for good. Instead, inmates would have access, one at a time, to chain-link cages erected in the yards.

After his trial, Rivera disappeared back into the ADX. Santiago did, too. These days, when either man is scheduled for rec time, two guards escort him out of his cell, down a hallway, and into one of the individual enclosures. The inmates’ lives are lived between two cages.  

After reading thousands of pages of government documents and court records and transcripts, I decided to write Rivera a letter asking if he would talk to me about his trial. Surprisingly, he wrote back. When I’d spoken with Stimson, one of his attorneys, she’d told me that Rivera was one of her all-time favorite clients. He’d learned how to crochet in prison—using plastic hooks he bought with commissary money—and liked to make hats and gloves. Stimson said Rivera had crafted a few pieces of outerwear for her young children, which drew compliments from strangers. “Straight from the ADX!” she would boast.

I didn’t receive any knitted items from Rivera, but his letter was courteous. “I honestly thought that when my trial was over I’d be forgotten,” he wrote. His handwriting was a series of printed block letters that resembled tiles on a Scrabble board. “I don’t even know how to reply to your letter. You have to understand one thing about me, any time someone takes interest, the first thing I think it must be a set up.” After spending more than 35 years behind bars, Rivera added, “you start to be a little leery of people.” He said he wanted to consider my request some more before making his decision. Since Christmas was coming up, he wished me happy holidays.

“I honestly thought that when my trial was over I’d be forgotten.”

The next letter arrived several weeks letter. Rivera again thanked me for my interest but declined an interview. The main reason: He wanted to protect Santiago. “If you’d want to make me look good to your readers, someone has to look bad. I rather die a thousand deaths than to do that to my codefendant, after all if it wasn’t for him you’d be trying to write Mr. Torrez story now,” he wrote. “This is my life and even though I would love to put my story out there so people could learn of the injustice in here, I’d be putting myself in a bad spot.”

In other words, Santiago had defended him, but people on the outside, who can’t fathom what life is like inside the ADX, might not understand why. “We live in a different world in here,” Rivera wrote.

I sensed another message, too. Maybe Rivera couldn’t risk violating the codes of the Mexican Mafia, including its version of the First Commandment: La Eme comes before everything else. Thou shalt have no other gods before the gang.

Rivera signed the note, “With much respect, Silvestre.”

Porambo

Porambo

A fearless journalist wrote a seminal account of police brutality during the 1967 race riots. Then he wound up on the wrong side of the law.

By Greg Donahue

The Atavist Magazine, No. 77


Greg Donahue is a writer and documentary filmmaker based in New York City. He has produced stories about refugees, vertical farms, North Korean abductions, and youth boxing. You can see more of his work at gregjamesdonahue.com.

Editor: Seyward Darby
Designer: Jefferson Rabb
Copy Editor: Sean Cooper
Fact Checker: Adam Przybyl
Cover Image: Essex County Files

Published in March 2018. Design updated in 2021.

1983

The night Ron Porambo was shot in the head, he told his wife that he was going out to meet a friend. It was late, but that was when the 44-year-old newspaper reporter did his best work. As he had countless times before, Porambo slid into his Volkswagen hatchback and cruised through the dark into downtown Newark.

Outside the car windows, Newark’s row houses looked like gathering ghosts. Block after block, the battered wooden structures loomed three stories tall. Their facades caught the dull glow of the streetlights that flickered on when the sun set each day; the broken lights—and there were many—had been that way for as long as Porambo could remember. Below sagging front stoops, where cracked asphalt met stained sidewalks, garbage clogged the gutters.

Newark had been decaying for decades. Crime, corruption, and disenfranchisement had led Harper’s magazine to dub it “the worst American city.” Porambo, though, saw it as scrappy and resolute. He saw himself in much the same way: as a man with something to prove.

Porambo drove to 186 Ridgewood Ave., the address where he was supposed to meet his friend. After pulling to a stop at the curb, he cut the ignition and waited. He’d made a career out of consorting with hustlers, sex workers, and drug dealers to unearth gritty investigative stories about the city’s poorest residents. Most of his sources and subjects were black. Porambo, who was white, wrote about the people he believed had the most insight into suffering, inequality, and resilience in America. “They know,” he once told a fellow reporter.

Find hundreds of hours’ worth of longform stories read by audiobook narrators in the Audm app for iPhone.

A man approached his passenger-side window. It wasn’t the person Porambo had expected to see—or if it was, the greeting was a terrible shock. The man raised a .38-caliber handgun and pulled the trigger.

Three bullets penetrated Porambo’s skull. Another lodged in his left leg. He slumped over the steering wheel, filling the streets of Newark’s South Ward with the drone of a car horn. The sound must have scared off the attacker before he finished what he’d come to do. A rag was later found stuffed in the car’s gas tank; lighting it on fire would have blown the hatchback, and Porambo, to oblivion.

As blood poured from his head and thigh, Porambo struggled to open his door. A 16-year-old girl who lived down the street walked by just as what remained of the bullet-riddled window shattered onto the pavement. She ran home to call the cops. By the time they arrived, Porambo was unconscious. He would later recall feeling like he’d slipped into a dream. He was weightless, flying.

The crime, committed on May 19, 1983, made headlines in New Jersey. It wasn’t the first time Porambo had been in the news for finding himself at the wrong end of a gun. His meticulous reporting on Newark’s 1967 race riots had culminated in his opus, No Cause for Indictment, a book that implicated law enforcement in the unjustified killings of nearly two dozen black residents. The New Yorker heralded it as “probably the most moving and instructive book yet written on any of the bloody civil disturbances of the sixties.” After it was published, an unknown assailant caught Porambo in his car unawares and shot him in both legs. Porambo claimed that the attack was retribution for his reporting. His publisher took the opportunity to place a full-column ad in The New York Times promoting the book in block letters: “LAST WEEK THEY TRIED TO MURDER THE AUTHOR.”

In a different world, Porambo might have joined Norman Mailer, Gay Talese, Truman Capote, and Jimmy Breslin in the pantheon of 20th-century journalism’s giants. No Cause for Indictment might have become mandatory reading in classes on investigative reporting and urban studies. Today, it might be referenced in articles about police brutality—a subject Porambo covered relentlessly—and Black Lives Matter. Instead, scarcely anyone knows Porambo’s name.

That’s because, by the time he was shot on Ridgewood Ave., his life had gone off the rails. Porambo seemed to carry two opposing selves, one as bitter as the other was generous; his wife sometimes called him Jekyll and Hyde. During the years that should have been his journalistic prime, his dark side won the battle for his soul. On that particular night in May 1983, he wasn’t attacked for his reporting, but for his second, unlikely career.

When he awoke after surgery in a Newark hospital, Porambo still had a bullet in his brain. Doctors couldn’t get it out, leaving him with permanent speech and motor deficiencies. He couldn’t remember who’d shot him, but that didn’t matter. Porambo had been handcuffed to his bed. The cops who’d pulled him from the Volkswagen were investigating the fearless writer for murder.

1965

The bar where Porambo spent late nights while working at his first full-time newspaper job, in Kingsport, Tennessee, was called the Bloody Bucket. The name honored the vicious brawls that frequently broke out there. Little more than a two-room shack that looked like a place where firewood would be stored, the bar teemed with sex workers, johns, and moonshine bootleggers. In 1965, the year Porambo arrived in town, police arrested the Bloody Bucket’s owners for “running a Negro house of prostitution catering mostly to white customers.”

It was exactly the kind of rough-and-tumble joint where Porambo liked to cultivate sources for his stories in the Kingsport Times-News. Municipal buildings and politicians’ offices he could do without. The same went for the manicured suburban existence of his childhood.

He was born in East Orange, New Jersey, on Thanksgiving Day in 1938, to Millie and Frank Porambo. They owned Franchett’s, a wholesale bakery; his father had patented a device to manufacture double-twist crullers. The Porambos were traditional Italian American Catholics, hardworking and dutiful. Thanks to the doughnut business, they were also quite wealthy. As a kid, Porambo liked model boats and comic books, and he developed a fascination for the culture and history of Native Americans. He considered their collective plight to be America’s original sin and was apt to decry it to whoever would listen. “He was always for the underdog,” Ron’s uncle Mike Magnolia once told a reporter.

By his early teens, Porambo was restless. The sober experience of Catholic school was becoming unbearable for the energetic, socially conscious kid. Hoping to find their son an outlet, his parents encouraged him to sign up for a youth-boxing program in nearby Newark, run by Jack Reno, a police officer and local sports legend. Most of the young men Porambo encountered in the gym came from Newark’s poor black neighborhoods. In the ring, the hierarchies that plagued society fell away. A boxer proved his worth by fighting and winning, nothing more. Porambo was enthralled.

At first he came off as a rube to the native Newarkers. “He used to show up at the gym, and he’d be wearin’ these big thick suspenders and plaid shirts,” sparring partner Chico Belleran told a journalist at New Jersey Monthly years later. But his opponents quickly found out that Porambo could punch. After only a year in training, he won the 1955 New Jersey Golden Gloves. He turned pro and earned a reputation as a middleweight who, rather than use footwork to avoid getting hit, relished slugging it out. When Reno asked Porambo why he didn’t try to out-box his rivals, the young man replied, “You know, Jack, that’s my style.”

“He’d get to talking to his opponents before a fight, get to feelin’ sorry for the guy and all that. Then he’d go out an’ lose.”

The teenager was fiercely independent, and his time in Newark created a gulf between himself and his family. He started dating black women and brought them home to meet his stunned parents. He asked Reno to save his boxing earnings in an account to help him pay for college, so that he wouldn’t be beholden to anyone. Supporting himself as a prizefighter, he explained to a friend, was the “right thing to do.”

Porambo landed a few big fights in his early twenties, including bouts at Madison Square Garden and one in front of John Wayne on the undercard before the historic Ingemar Johansson–Floyd Patterson heavyweight championship in Yankee Stadium. His softer side, though, derailed his career. “He was a terrific puncher, but he didn’t have that killer instinct,” Belleran said. “He’d get to talking to his opponents before a fight, get to feelin’ sorry for the guy and all that. Then he’d go out an’ lose.”

As his boxing ambitions waned, Porambo looked for other ways of making a living. He joined the military, but that ended abruptly in 1963, after he rowed a boat away from his posting at Fort Slocum, New York, for a midnight rendezvous with a woman he’d just met. He toyed briefly with joining his older brother, Carl, in the family business, but Carl was as eager a rule follower as he was not. Finally, Porambo settled on attending Rutgers University’s journalism program. He later told The New York Times, “I knew that was the only course I could conceivably pass.”

After graduating, Porambo took to his new profession with characteristic doggedness and an instinct for landing a knockout punch. Within a year of starting the job in Kingsport, one of his features won a state journalism prize. He was willing to cover topics other reporters wouldn’t: Kingsport’s black neighborhoods, for instance, and the city’s homeless population. He once wrote a story about an abandoned parking lot nicknamed “the jungle” where alcoholics drank grape juice mixed with Solox, a shellac and paint thinner consisting of ethyl alcohol, methanol, and gasoline. Ingesting it caused the individuals to fall into a nearly comatose condition. During his reporting, Porambo counted some 75 empty cans of Solox scattered around the jungle. Kingsport’s public-safety director called Porambo’s report an exaggeration, so the journalist went back to the lot and gathered every can he saw—76 this time—and photographed them stacked neatly in the Times-News’ offices. The image ran in the paper with the headline, “All Right, Jim, You Count ‘Em.”

Porambo was also audacious when it came to love. One night at the Bloody Bucket, the 27-year-old spied a pretty, stylish young black woman across the room. She eyed him, too, the white guy with a roguish grin and heavy-lidded brown eyes. Thanks to a strict routine of push-ups, sit-ups, and running, Porambo’s coltish, five-foot-eleven frame remained chiseled, though he’d given up boxing. His lips were thick and his ears misshapen from getting knocked around the ring, giving his visage the raw look of a sculptor’s first pass at a clay bust.

The woman’s name was Carol Scott, and she was 19, with a seven-month-old daughter named Glenna. Porambo liked Carol because she was strong-willed and curious. She liked Porambo’s intellect and brio. Soon after they met, she started wearing his college ring on a chain around her neck. “It just got serious right away,” Carol told me in a recent interview, snapping her fingers. “I didn’t have a fear of going out with him.” Her attitude was bold, given the politics and social mores of Tennessee. Interracial marriage was illegal. Six months after meeting Carol, Porambo proposed anyway.

In early 1966, the couple drove to New Jersey and holed up in a motel near Porambo’s parents’ house. He called his uncle Mike to the hotel and asked him to break the news of the impending marriage to the rest of the family. Maybe hearing it from him would help smooth things over, he thought. It didn’t. To Porambo’s parents, dating black women when he was a rebellious teenager was one thing; marrying one was another.

Porambo argued with his mother about the relationship over the phone. When his parents finally had the couple over for dinner, Carol sat uncomfortably at a table as the hosts, who barely addressed her, disparaged black people. Porambo admonished them. “What do you mean by ‘those people?’” he demanded. “They’re people just like we are!” By the time the dinner ended, it was clear that he and Carol would be getting married without his family’s blessing.

1966

For all the time he spent in dive bars, Porambo rarely drank to excess. Yet he showed up to his own wedding plastered. He and Carol had recently moved to Albany, because it was legal for them to marry in New York. As Porambo staggered into the Catholic church, the quick-thinking priest corralled him into a side room to offer some counseling—and, in all likelihood, a large glass of water.

Carol waited patiently at the altar, beaming in a blue chiffon dress and white veil. Glenna, whom Porambo had adopted, played on the floor with the young son of the wedding’s only invited guests: Fred Bruning and his wife, Wink. Bruning and Porambo both worked at the Knickerbocker News, a local paper, and the two had become fast friends; their families spent evenings together cooking Italian food or playing marathon games of carom billiards. Because the Brunings weren’t Catholic, the priest had asked two female church employees to serve as witnesses. They looked on wide-eyed as Porambo eventually emerged from the side room and walked unsteadily across the sanctuary’s marble floor to his southern bride. When the priest asked Porambo if he took Carol to be his lawfully wedded wife, Porambo threw back his head and yelled, loud enough to shake the rafters, “I do!” After the ceremony, the newlyweds returned to their basement apartment with the Brunings to celebrate. The party quickly shrank to three as Porambo found a comfortable spot on the bathroom floor and slept through his wedding night.

Family photos. (Courtesy: Carol Porambo)

Porambo cut an equally blunt figure at the Knickerbocker News. On his first day in the office, he wore a black beret cocked sideways across his forehead and carried an electric teakettle tucked under one arm. A full-bend pipe was clamped between his teeth, and a wake of spicy tobacco musk trailed him through the newsroom as he walked to his desk. Before long, water was boiling in the kettle and Porambo was on the phone hunting for stories. He hadn’t yet introduced himself to his coworkers.

In the 1960s, city newsrooms hummed with excitement; they were the beating hearts of a robust industry. Reporters bustled down narrow aisles yanking sheets of copy paper from messy desktop stacks and hammered away at Underwood typewriters. Ink from hot-metal Linotypes hung in the air in thin clouds. Writing styles were evolving, particularly at big New York outlets. Journalists were becoming household names by bringing personality to formerly stodgy newswriting. They experimented with voice, perspective, and structure. Porambo read and idolized hard-nosed, humane writers—Jimmy Breslin, in particular—for providing an unflinching glimpse into the lives of blue-collar workers, marginalized minorities, and crime lords. He promised to bring a similar voice to Albany, which he saw as a launchpad for fame in a bigger market.

In exchange for his talent, he wanted autonomy. “He was going to write what he wanted to write, in his own particular way, at his own particular length, at his own particular rhythm and rate,” Bruning recalled. But Porambo’s editor, Bob Fichenberg, didn’t agree. Fichenberg was a by-the-book executive who wasn’t impressed with his new hire’s independent streak. Porambo’s first drafts were often an ungainly mess, and he was savagely unyielding when copy editors altered his work. Time and again he found himself in Fichenberg’s office, engaged in a shouting match over the timeliness of an article or the quality of his prose. In a matter of months, Porambo was fired.

Over the next year and a half, he bounced around half a dozen papers: the Morning-Journal in Lorain, Ohio; the Suffolk Sun in Deer Park, New York; and the Toronto Telegram, to name a few. Editors tried to tame him, but Porambo grew increasingly arrogant and unmanageable. Sometimes his tenure lasted only a few days before he got fed up or was canned for refusing to neuter his style for a publication he considered unworthy of his talent.

Eventually, he landed back in his home state, at Camden’s Courier-Post. He wrote articles about work programs for the handicapped and rural land grabs. Most of his reporting, however, was set in the black slums of nearby Philadelphia. Porambo had long believed that the front lines of America’s most vital news cut through the tenements, factories, bars, and back alleys where the oppressed fought against the grinding teeth of poverty and prejudice. This proved true in what came to be known as the long, hot summer of 1967, when simmering racial tensions boiled over in some 159 cities. From Atlanta to Buffalo, Tampa to Detroit, black residents took to the streets to protest police brutality, segregation, housing discrimination, and other wrongs.

“Color breeds hatred in this country, and we’ve never known just how deep it went until 1967, the year of the riot.”

Porambo watched the events unfold and covered the impact they had in Philadelphia, where a riot three years prior had left hundreds injured. Authorities feared a repeat incident. For one story, Porambo visited a craps game at an apartment in north Philadelphia, where police claimed that dangerous militants were living. In the building, the reporter found only weary, poverty-stricken black residents whom city planners and social services had all but forgotten. “Color breeds hatred in this country,” Porambo wrote, “and we’ve never known just how deep it went until 1967, the year of the riot.”

He also noted that “stories are starting to come out about needless shooting” by police—injustice magnified by tragedy. Some of those stories were emerging from Porambo’s beloved Newark.

1967

A rebellion was all but inevitable. The immediate post–World War II economic boom had attracted workers to Newark and helped grow the city’s industries, but white residents soon began deserting the crowded urban landscape for the suburbs. After surging for decades, Newark’s population shrank by nearly 8 percent in the 1950s. Black residents, who had a harder time finding jobs and affording homes, stayed behind, and Newark soon became one of America’s first majority-black cities. It was still run by a white power structure, however, and corruption and inequality ballooned. Poor black neighborhoods were home to some of the highest rates of crime, unemployment, substandard housing, tuberculosis, and maternal mortality in the country. Residents’ patience with the status quo stretched thinner with each passing year.

The city was a combustion chamber primed for an explosion. All it needed was a spark. One finally came on the evening of July 12, 1967, when a man named John Smith flashed the high beams of his cab and drove around a police cruiser that was blocking his lane at the intersection of South Seventh Street and 15th Avenue. The cops quickly pulled him over. Smith was a reserved black man in his forties, originally from North Carolina. He lived alone, and when he wasn’t driving his cab, he enjoyed practicing the trumpet. He explained to the white officers that he thought he’d passed their cruiser legally, but they arrested him anyway. They told the woman in the back seat of Smith’s car that she’d have to find another ride home.

A few minutes later, an incapacitated Smith was dragged through the rear door of Newark’s Fourth Precinct. Residents of the Hayes Homes project across the street from the station watched it happen. Smith had been battered with a nightstick in the ribs and groin. Yet a rumor quickly spread that the police had beaten him to death.

Within an hour, dozens of people had gathered to protest outside the Fourth Precinct. The crowd quickly grew into the hundreds. When someone threw a Molotov cocktail at the building, police stormed out, batons swinging. The crowd dispersed, but later that night angry looters took to smashing liquor-store windows. Police director Dominick Spina advised his officers to let the situation lie, “because once you begin to look at problems as problems, they become problems.”

The plan backfired. Police stood by for nearly two days as the looting spread. White-owned stores were targeted; to signal plunderers away, black business owners scrawled “Soul Brother” on their windows with soap. When mayor Hugh Addonizio called in state troopers and the National Guard, he said in dismay to an arriving officer, “It’s all gone, the whole town is gone.” The sense of alarm spiked even higher when word came across the police radio that someone had swiped 24 rifles from inside a Sears-Roebuck. “The line between the jungle and the law might as well be drawn here as any place in America,” governor Richard Hughes told the press.

Over the next three days, Newark became a city under siege. Bridges were barricaded. Tanks rumbled down thoroughfares, cracking the pavement with their armored weight. State police converted a stadium into barracks and marched through the streets in formation, rifles at the ready.

Many of the officers were reservists, and their inexperience showed. They were quick to fire their weapons. They sprayed the Hayes Homes with bullets in response to suspected sniper fire, killing three women in their apartments. In another incident, ten-year-old Eddie Moss was shot in the head and killed as his father slowed the family car before a roadblock on the way home from a meal at White Castle. Michael Pugh, 12, was shot to death while taking out the trash. Jimmy Rutledge, 19, was left with 42 holes in his body after he was caught looting a liquor store. The majority of the wounds were shotgun blasts to the back. Six were in the rear of his skull.

All told, over five days, 13,319 rounds of ammunition were fired in what authorities described as a peacekeeping effort. Twenty-six people lay dead, ranking Newark’s riots among the deadliest in American history. Among the casualties were a cop, a fireman, and 21 civilians, all shot by police or guardsmen.

Governor Hughes extolled the outcome. “I felt a thrill of pride in the way our state police and National Guard have conducted themselves,” he told the media. As for the roots of the unrest, authorities dismissed the notion that racism, economic disenfranchisement, and state-sanctioned violence were to blame. Instead, they accused communist agitators, paid protestors, and criminal thugs of stirring unwarranted rage among the city’s poor.

It was a time before cell-phone videos and body cams, and the accounts of white officers met with little resistance, trumping those of black citizens. No one in the state or local government was charged with wrongdoing. Not everyone, however, could accept the whitewashing these events received. Among them was Porambo.

1968

Six months after the riots, Porambo left the Camden paper for a gig at the Daily Journal in the town of Elizabeth, a few miles south of Newark. The paper had long been a stepping-stone for cub reporters who went on to bigger and better things. Carl Bernstein had just departed for The Washington Post. Porambo wanted to follow a similar path.

His first piece was about a candy-store robbery. He transformed the story of a petty crime into something bigger by writing it from the imagined perspective of the thief, describing what it was like to need money so badly that you’d take a gun into a shop catering to children. He followed that with a story about a family of 17 living in four rooms—“the bare edge of civilization,” he called it—whose patriarch was murdered in a dispute over a billiards game. Next came a profile of a black building superintendent who, after saving the lives of 20 residents when the structure he maintained went up in flames, was fired and evicted for demanding that the landlord improve the property’s conditions.

Joe Jennings, the executive editor, loved Porambo’s unorthodox style. “He was one of the best pure writers I’ve ever seen at a newspaper,” he said years later to New Jersey Monthly. Thom Akeman, a fellow reporter, described Porambo’s work as having “a lot of leeway and imagination,” which made it compelling. “I’d never stopped to think about looking at a robbery from the point of view of the guy who has the gun,” he told me.

Porambo and his growing family—he and Carol had two more children togetherlived in a house in the Weequahic neighborhood of Newark, a middle-class, mostly black area. He was happy to be home, but he found the city of his youth irrevocably changed, tattooed with a post-riot identity. Burned-out buildings dotted downtown, citizens projected an air of defeat, and the city’s reputation lay in ruins. The New York Times described Newark as a “nightmare … finally succumbing to America’s catalog of urban ills.”

One day, Porambo covered a meeting of the Newark Human Rights Commission, a community group that advocated for police reform. He watched as witness after witness took to the floor to recount beatings and shootings perpetrated by police during the riots. The stories had been circulating through Newark’s black neighborhoods for months. In his article about the meeting, Porambo noted, “It was the first time these things were said in a public auditorium,” but the black survivors of the riots “heard nothing they didn’t know.”

He was determined to put the stories he heard on the front page. So he got to work on what the Daily Journal dubbed the Post-Riot Notebook, a 15-part series intended to introduce readers to the people living in the areas of Newark most affected by the unrest. Porambo knew that something bigger than the color and detail of individual lives was at stake in his reporting. The governor, the mayor, cops, and public prosecutors had all denied complicity in what had transpired in July of 1967. Now, in the name of justice, Porambo wanted to expose it. In the introduction to the series, he promised that “those within the power structure will not like what they read because it will be too close to the truth.”

To get the story, he did what he’d always done. He became a regular at Newark’s roughest watering holes, sitting on stools and slouching in booths at establishments with names like Dick and Ann’s and the R&R. He frequented pool halls and sweaty go-go joints. He told regulars everywhere he went that he wanted to hear what really happened during the riots—what the people who lived through those harrowing five days witnessed. That Porambo was married to a black woman gave him extra cachet in the establishments where he spent late night after late night.

“Those within the power structure will not like what they read because it will be too close to the truth.”

People talked. Over hot dogs and games of nine-ball, he heard desperate scenes recounted, like the one on Beacon Street on the evening of July 14, when state troopers opened fire for no apparent reason. In the melee, James Snead, 36, was shot in the stomach while repairing his car. Karl Green, 17, was shot in the head. Both survived. Seventy-six people signed an eyewitness petition demanding an investigation into the shootings, but no action was taken. For the series’ fifth installment, Porambo drove with 22-year-old Mack Tucker to the spot where police shot him while he sat in a friend’s car. Tucker bore the scars of slug wounds on the side of his face and neck.

The death of Jimmy Rutledge, a looter discovered with 42 bullet wounds, was perhaps the most damning. In the series’ eighth installment, an anonymous police detective walked Porambo through the shooting. Cops on the scene had claimed that Rutledge brandished a butcher knife before they opened fire. But the detective was incredulous: somehow, Rutledge had found the time to wipe his fingerprints from the handle of the blade before falling to the floor dead. According to witnesses, his last words were “Don’t shoot. I’ll serve my time in jail,” followed by “I will come peacefully.”

The more he heard, the more Porambo’s outrage grew. The Post-Riot Notebook consumed him. At a certain point, he took up residence in the Daily Journal’s office, sleeping at his desk and showering in the bathroom the next morning. His union reps fumed over his unlogged overtime. But his dedication was about to pay off.

The New York publishing house Holt, Rinehart, and Winston got wind of the series and offered Porambo a modest $7,500 advance to expand his investigation into a book. He jumped at the chance. He was eager to leave newspaper work behind for a while. No more battles over word count or whether he had to cover a school-board meeting. No more destabilizing hired-and-fired cadence to his life. Just a chance to make it big. “This was going to be the vehicle for him becoming famous and important and influential,” Fred Bruning, Porambo’s old friend from Albany, told me. “He wanted all those things badly. But I think that his first priority, always, was to give voice to this stuff that he felt so passionate about.”

1970

Nearly every morning, Porambo donned a heavy gray sweatsuit, leashed up Ralph, the mutt he’d rescued in Tennessee and loved so much that he’d contemplated listing him as a dependent on the family’s taxes, and jogged several miles through Newark’s South Ward. On his way home, he always picked up fresh bread, tea, and the first editions of the local papers, which left ink stains on his hands. Porambo ate breakfast with his wife and children, Glenna, Franklin, and Ronda. Then he went into his small, book-lined office and shut the door. He was not to be disturbed while he wrote, connecting the dots of the scrupulous reporting he’d compiled over the previous two years.

Unraveling the facts of the riots wasn’t easy. Many of the surviving victims and the families of those killed moved frequently and rarely filed a change of address. Porambo had worn through shoe leather ringing doorbells all over the city. In the process, he fell more deeply in love with Newark. “Everything’s so personal,” he told a reporter, “because everybody’s crushed together, deprived of human rights, down to life itself.” He was as likely to interview a community activist or business owner as a career criminal or drug addict. He described the array of characters he encountered as the personification of “much of black Newark as it was six months after its riot.… Black men sell women and white men buy them. Black children shoot heroin and white politicians give the city away to the mobsters who supply the narcotics.”

Of course, not every pimp and pusher was interested in talking to a reporter. While pounding the pavement, Porambo was threatened more than once, and he kept a revolver close at hand: sometimes under the seat of his car, other times hidden in the light fixture on the living room ceiling. When muggers demanded his grandfather’s pocket watch, they discovered the ex-boxer still had a nasty left hook.

Early in the summer of 1970, Porambo turned in a 700-page draft to his publishers. It landed on the desk of Warren Sloat, a laid-back, 35-year-old editor. “I was appalled by some of the writing,” Sloat later said. “It was just all over the place.” He spent several weeks poring over the text, crossing out digressive rants about conservatism and Richard Nixon. Beneath the vitriolic fat, though, he found a lean narrative of authenticity and verve. “The voices of the people he spoke with rang true,” Sloat recalled. “And his description of how he found them was terribly interesting.” Porambo described it as “sifting through the ashes.”

The book was a scathing account of police brutality, corruption, and cover-ups spanning several years before and after the riots. Porambo chronicled, for instance, the shooting death of 22-year-old Lester Long Jr. on June 12, 1965. Cops pulled Long over because his car had a noisy muffler. Suspecting that his license might be fake, they put him in the back seat of their cruiser. The stop happened across from the Happy Inn Tavern, and a crowd, including some of Long’s friends, gathered outside to watch. After 45 minutes of being detained, Long made a break for it. He got about 30 feet from the car before a bullet hit him in the back of the head. At first the local papers reported the police’s version of events as fact: Long had tried to cut an officer with a knife, the officer had stumbled out of the car bleeding, and a gun had gone off accidentally. But the crowd that watched the events unfold claimed there was no knife, no blood, no accidental shooting. Bystanders saw an officer square up and gun down a fleeing man.

Corrupt political machinery quickly hijacked the narrative. Police advocates claimed that Newark’s finest would be devastated if one of their own were charged with murder. Long had a criminal record, they pointed out. The accused cop went so far as to sue a citizens group for handing out leaflets that labeled him a killer. “What should have been an issue defined by facts had become an ideological conflict with ‘police morale’ as the main issue,” Porambo wrote. “Any action was permissible if it maintained so-called law and order.” This same thinking, he believed, led to the bloody display in 1967.

“If there are two occupational groups that can be expected to lie with abandon on the witness stand,” Porambo wrote, “they are hardened criminals and experienced police officers.”

“If there are two occupational groups that can be expected to lie with abandon on the witness stand, they are hardened criminals and experienced police officers.”

One chapter in the book was dedicated to the trial of John Smith, the cab driver whose arrest had sparked the riots and who had been charged with assaulting two police officers. He claimed that the officers had brutally beaten him; they countered that Smith was the one doing the beating. That Smith had injuries requiring hospitalization and the officers seemed unharmed didn’t shake the court’s opinion. An all-white jury convicted Smith, who after appeals served just under a year in prison.

Porambo broadened his reporting to examine corruption in law enforcement beyond the riots. A heroin dealer went on record to say that he was occasionally supplied by an officer in the city’s vice squad. Porambo unearthed Mafia campaign contributions that had helped elect Mayor Addonizio. And he didn’t hesitate to name names as he laid out kickback schemes that traveled all the way up the chain of command to police director Dominick Spina.

Warren Sloat knew he had something astonishing on his hands. When his heavy edit made it to Porambo’s desk, however, the writer reacted with typical outrage. He’d never met Sloat. Who was this son of a bitch carving up his book? He jumped in his Oldsmobile and raced the ten miles down Route 22 to Plainfield, New Jersey, where Sloat lived on a tree-lined street in a stucco house with a play set in the backyard. Porambo marched up to the door and rang the bell.

After ushering the livid writer inside, Sloat gathered his revisions and Porambo’s original material. For two hours, they sat at a table comparing the texts line by line. The changes were justified, Sloat explained, if only to distill the most important and convincing aspects of the work. “I’ve never read a book quite like this,” he told Porambo. It was going to be valuable to the people of Newark. It might garner national awards.

For the first time in his career, Porambo bought into the editorial process. He headed back to Newark sure that he was on the verge of fame and fortune. He’d been driving a soft-drink delivery truck to make ends meet since his advance ran out. Now he began dreaming of a Pulitzer Prize.

While Sloat put the finishing touches on the manuscript, Porambo hustled to secure what he believed would bring his reporting into perfect focus: photographs taken by the county coroner’s office of bodies with wounds in their backs, sealed by the courts from public view, showing beyond a doubt that many of the riot’s victims were shot as they fled police. Porambo was willing to do anything to obtain visual proof of police brutality, even pay one of the force’s own. In November 1970, he approached officer John Balogh, a hard-bitten veteran whom he’d interviewed during his reporting, and made an under-the-table offer: ten photos for $10 apiece.

At first, Balogh appeared agreeable to the offer, and he provided half the requested the photos. But it turned out to be a ruse. Balogh recorded their conversations and shared them with public prosecutors. One day at a local restaurant, he passed a second stack of images to Porambo, and the writer chose the ones he wanted. As the final payoff went down, Porambo found himself in handcuffs. Balogh was arresting him for bribing a police officer.

Porambo seemed unfazed. “The worst I can get is six months,” he mused in an interview with Thom Akeman, his ex-colleague from the Daily Journal. “Unless I get one of those judges I wrote about.”

1971

The book was published, without photos, while the bribery case was still pending. It was a masterpiece of urban reporting, as raw as it was authoritative. The first page alone must have caused jaws to drop and eyebrows to jump as readers, particularly white readers, took it in. Porambo began his 398-page investigation with a description of a black dancer:

She was ghetto Newark and her brown arms glistened and drops of sweat covered her bare stomach. They formed trickles that dripped into her navel and on down into what little there was of the bottom half of her dancing costume, down into black Newark, a place where tattered kids play on dirty brick streets; where, at the first light of dawn, working people rise for another day’s labor and junkies look for anything worth stealing to feed the needle; where locked warm thighs in the restless morning start the cycle all over again, bringing screaming infants into a cramped jungle that now must be called post-riot Newark. … Keep moving, brown-skinned girl, you are Newark and you are beautiful and the place you call home has a primitive beauty and allure of its own.

In the next paragraph, he called the deaths caused by police during the riots “homicide,” an unflinching accusation that he later unpacked in the book’s most devastating chapter, entitled “Nailing the Lid on a Coffin.” Porambo outlined each of the killings brought before grand juries after the riots. He described eyewitness accounts in meticulous detail—people who’d watched the violence from apartment windows and fire escapes and street corners—and revisited the police’s own investigatory materials. The picture he painted was at best one of police misconduct, at worst one of a murder spree. Yet in case after case, the authorities had proved immune to prosecution. “Due to insufficient evidence of any criminal misconduct,” courts ruled, “the jury found no cause for indictment.” The phrase became the title of Porambo’s book: No Cause for Indictment: An Autopsy of Newark.

The city had placed fault for the deaths on the shoulders of the looters and protesters who’d flouted the law in the first place, and on individuals not sufficiently cognizant of the war zone Newark had become during the riots. Porambo declared this nothing short of craven racism. “The inference was clear that the guilty included Eddie Moss’s father, for taking his son out for hamburgers,” Porambo wrote, “Michael Pugh’s mother, for telling her son to carry out the garbage, and Mrs. Brown, Mrs. Spellman, and Mrs. Gainer”—the three women killed in their Hayes Homes apartments—“for being the same color as the rioters.”

When the book hit shelves, Porambo became a household name in Newark overnight. “It was a reference point,” Amiri Baraka, a poet and community activist who featured in the text, later told the Star-Ledger. “One had to be able to say, ‘Yes, I know that book,’ whether you had read it or not.” A review in the Baltimore Sun noted, “Even if Mr. Porambo is wrong ten per cent of the time, and that is unlikely, his is still a very serious indictment of the Newark police.” Kirkus heralded, “Porambo is energetic, angry, and he spares no one.”

“It was a reference point. One had to be able to say, ‘Yes, I know that book,’ whether you had read it or not.”

Frustrating to the writer, most of the major New Jersey papers didn’t review it—perhaps because he’d reserved disdain for his own tribe in the book, dubbing the local press “the whorehouse’s blushing counterfeit virgins.” Porambo believed newspapers had done little to investigate violent incidents, instead parroting police accounts. When evidence proved those accounts wrong, the stories often went uncorrected. In one case, Porambo confronted a reporter who’d written about the shooting of 17-year-old Dexter Johnson after an alleged struggle with police. Witness accounts made it clear that a fence standing six feet high separated Johnson and the cop who’d shot him; a scuffle between the two would have been physically impossible. The reporter was shocked when Porambo told him about the contradictory evidence. In his book, Porambo derided lazy reporting as the reason “why whites, who read once again of a ruthless punk and a valiant police officer, remain so uninformed.”

No one demanded retractions or sued. Still, Porambo was prepared for backlash. “I wrote a book about how people were murdered during the riot,” he told a reporter. “I also wrote about corruption in city government and the police department. It’s only natural that I join the victims.”

Three weeks after his book’s release, in December 1971, Porambo was driving in the thin light of dawn along a desolate street abutting Interstate 78. In his rearview mirror, he saw a car with its headlights switched off surge toward him. It veered left and pulled alongside his window. The driver whipped out a pistol and sent seven bullets into Porambo’s Oldsmobile before speeding away. Porambo lost control of the car and jumped a curb. He stayed crouched in his seat, covered in broken glass and too afraid to move, for a solid ten minutes.

Afterward, Porambo told reporters that he was certain the attack had to do with his book. He even insinuated that the police were trying to shut him up. “Newark is the way it is,” he said. “Nothing should be surprising in Newark. Nothing.” A sluggish investigation turned up no suspects or evidence.

Soon after, Porambo got a job as a correspondent for 51st State, a program that aired nightly on public television in the New York City area. The show offered “news from the bottom up,” told through the perspectives of the people who lived it, and reporters weren’t afraid to be provocative. Porambo fit right in. He spent most of his time in the field but sometimes came to 51st State’s headquarters above Columbus Circle in Manhattan. Producer Gary Gilson remembered him as a “madman genius” and “like a member of an Italian street gang. He was rough, but he was an artist.” It showed in his segments. One of Porambo’s investigations, about the ease of buying illegal guns on the streets of Newark, opened with the camera zoomed in on a man leaning into a car window, seemingly doing business with the person behind the wheel. As the camera pulled back, viewers saw that Porambo was the buyer. He turned to face the lens, lifted the pistol he’d pretended to purchase, and fired several shots. It was unnerving stuff, and it has been lost to history: When the station that aired 51st State moved offices in the 1990s, it recorded over or lost almost all of the show’s archive.

On January 14, 1972, Gilson, who was in charge of Friday programming, answered his desk phone. When he did, it threw his scheduled lineup into disarray. Porambo was on the line. “It’s Ron,” he said. “I can’t come in. I’ve been shot.”

The night before, around 11 p.m., he’d gone to Dick and Ann’s, one of his favorite bars. He’d ordered a drink from waitress Sherry Rivers, who mentioned that a man had been in earlier asking about a “white guy.” The stranger was talking about Porambo, who took the news in stride. Maybe it was someone out to get him, like whoever had shot up his car a few weeks prior, or maybe it was someone who just wanted to talk. After Dick and Ann’s, Porambo went to Tony’s Tavern, where the bartender told him that someone had been asking around for a “white dude shooting pool.”

The cover of the original paperback. 
The cover of the original paperback. 

At 1:30 a.m., Porambo paid his tab and went to his car. The driver-side door was still busted from the shooting, so he climbed through the passenger’s side. As he slid across the bench seat, a heavyset white man pushed through the open door behind him and leveled a pistol at his head. Porambo kicked and fought, but he couldn’t get away. The attacker fired seven times, and bullets penetrated both of Porambo’s legs. Blood began soaking his pants. He had his own gun under the seat, which he managed to grab and discharge at the fleeing assailant. But the man got away, leaving only a brown loafer in his wake.

At the hospital, after doctors bandaged his legs, Porambo held court with journalists who’d gotten wind of the shooting. “I don’t think they’re trying to kill me,” he said. “They just want to terrify me.” Newark cops were stationed at his door, and as visiting hours ended, they tried to escort the interviewers out. Porambo argued that the journalists should be allowed to stay. Neither side would back down, so against the wishes of his doctors, Porambo checked himself out of the hospital. In a fury, he grabbed some crutches and hobbled out the building’s double doors.

Over at 51st State’s offices, Gilson rushed to put together a new opening segment with the title “Our Man in Newark Has Been Shot.” TV crews showed up on the steps of Newark’s police headquarters to demand answers. Suspicious that he might have staged the shootings, officers asked Porambo to take a lie-detector test. He refused. “The cops just want to try to discredit the book,” he told a reporter, also noting that a polygraph would be “very unreliable for someone with my temperament.” One of the bullets in the second incident had narrowly missed an artery. He took chances, Porambo insisted, but he wasn’t stupid.  

Or was he? The night of the second shooting, before Porambo went to Dick and Ann’s, he and a friend whom his kids called Uncle Artie sat in his office sipping scotch and milk. Carol was in the adjacent living room listening to Roberta Flack on the record player, and in between tracks she caught snippets of the two men’s hushed conversation.

“Come on, man. You’ve got to do this for me, man,” Porambo said.

“What if I mess up and do something else?” Artie responded.

“I need you to do this,” Porambo implored.

Eventually, the men left the house together, Porambo telling Carol that they were off to play some pool. Unsure what her husband was planning, Carol brushed off what she’d overheard and turned up the volume on “Will You Still Love Me Tomorrow.” When the phone rang several hours later, and a voice on the other end told her that her husband had been shot, Carol’s first thought was, I can’t believe he convinced Artie to do it. She and Glenna grabbed the three portable TVs in the house and lined them up on the wide kitchen counter, tuning them to ABC, NBC, and CBS. They sat at the kitchen table watching as Porambo talked with newscasters in the hospital.

Quietly, Carol told Glenna what she suspected had happened. But she had no plans to tell the cops. Glenna understood why. In the Porambo household, loyalty was to the bone. If one of the kids snitched on another for breaking a rule, the tattler caught it first with a wooden ruler. So mother and daughter tacitly agreed to keep their lips sealed about what in retrospect may have been a warning sign of Porambo’s deteriorating grasp of right and wrong.

Others soon followed. No Cause for Indictment sold out its initial run of 7,500 copies, and the publisher ordered a second printing. The critical success buoyed Porambo’s belief that he would win a Pulitzer. He already felt that he’d earned it by dedicating years of reporting to his book and even risking his life for it. “He used to talk about it all the time,” Carol told me. In the spring of 1972, however, a jury of his peers decided that another book was more worthy of nonfiction’s highest honor: a history of General “Vinegar Joe” Stilwell’s exploits in the Far East by historian Barbara W. Tuchman. Porambo was heartbroken. “He didn’t have another dream to replace that one,” Glenna told me.

Intensifying his pain and frustration was Porambo’s realization that his book wasn’t having the tangible impact he’d hoped, however naively, it would. Newark had elected its first black mayor while he was writing it, a development that Porambo lauded. During the mayor’s first year in office, however, eight black people were shot dead by police for petty crimes, six as they fled scenes. Soon after, the Evening News and Star-Ledger decided to cut back on crime reporting, because editors worried that stories of violence were becoming repetitive for readers. In his book, Porambo had pilloried Tony Imperiale, a Stetson-wearing, race-baiting rabble-rouser who’d encouraged white citizens to take up arms against rioters in 1967 and once referred to the civil rights movement’s most prominent leader as “Martin Luther Coon.” In 1970, Imperiale was elected to the city council; three years later, he became a member of the state senate.

Porambo had written a seminal text about urban America. He’d used bold tactics. He’d positioned himself on the right side of history. It hadn’t been enough to move Newark’s social needle. Would anything?

When a source gave him documents outlining corruption in city contracts, Porambo saw it as a chance to at least force some discreet change. According to the documents, officials were approving payouts for demolition contracts on buildings that didn’t exist. Porambo trusted his source, a 23-year-old city employee named Aleck Grishkevich. The two men were drinking buddies. Porambo produced segments on 51st State based on the papers and demanded that officials state on the record when indictments would be forthcoming. He confronted representatives of the mayor’s office and the demolition company that had allegedly drawn canceled checks for the work orders.

Then one day, Porambo received a call from Grishkevich’s mother. Her son had been arrested on forgery charges, she said. The documents used in the segments were fakes. When Porambo reached out to the prosecutor’s office, he learned that a warrant had been issued for his arrest, too. He pleaded ignorance about the forgery, and ultimately the charges against him were dropped. But he’d put his colleagues’ credibility in jeopardy by failing to corroborate the details of the materials provided by his source. The show fired him.

Around the same time, the longstanding bribery charges were finally brought to court. Porambo was found guilty and served three months behind bars. He emerged jaded and indignant.

1973

The renowned psychoanalyst Alfred Adler believed that the need to cope with feelings of inferiority drives human behavior. We work hard in personal, professional, and communal spheres to develop self-assurance, and we establish goals that might compensate for our perceived deficiencies. When people can’t overcome or process these flaws, however, they can grow depressed, anxious, and insecure. Some channel their frustrations into manipulating or dominating other people. They become, in a word, bullies.

Porambo fit that mold. The one-two punch of losing the Pulitzer and his job at 51st State proved too much for him to bear, and his psyche cracked. He’d always been argumentative, volatile, and domineering. Now he could be vicious. Even his eyes changed. The brown wells that had always seemed attentive became cold and unfeeling. He looked “like nobody loved him,” Carol told me.

When he got back late and found his kids’ clothes and toys left in piles on the floor, Porambo would wake them, even in the middle of a school night, and demand that they clean their rooms. He would holler at his wife and dump laundry she’d folded down the stairs. He could be physically abusive, too, often reserving his fiercest anger for his son Franklin. “He would slap him in the nose and then look at me and say, ‘See what you made me do?’” Carol recalled. “I would go off to a motel with the children until he calmed down.”

Despite his professional blunders, Porambo still had plenty of admirers. He got a job as a field producer for City-TV in Toronto and moved his family to Canada. His kids gathered around the television at 7 p.m. each night to watch their father, wearing his signature black beret, unleash blistering reports. Carol worked as a photographer at a mall, and the family lived in a roomy two-bedroom condominium with floor-to-ceiling windows. On Sundays, Porambo planted himself in front of the TV to watch football. He always rooted for the underdog. The family seemed to friends and neighbors like the picture of domestic bliss. Privately, though, Porambo was becoming increasingly erratic.

One day, Carol came home to find that he’d painted the exterior of their home a rusty red, because he was sick of it being uniform with the condos around it. The paint job lasted only as long as it took the community board to have it sandblasted off. Porambo made good money, roughly the equivalent of a $150,000 annual salary today, and his parents regularly deposited money into the family’s bank account. But Porambo was reckless with cash and fell into debt. He maxed out two credit cards to buy Carol a $1,500 blue and gold macaw named Harold for her birthday. He taught the bird to sip wine from a glass until it skulked off-balance along the edge of the dining table. He refused to cage it, even outside. Once, during a family barbecue, Harold flew up into some trees, and the fire department had to come retrieve him.

Losing his job didn’t scare him straight. It only pushed him deeper into vice.

Rather than pay off his credit cards, Porambo sent letters to the banks pretending to be an attorney. He claimed “Mr. Porambo” had fallen ill and couldn’t pay his bills on time. Eventually, he wrote that his client had died. At work, Porambo began taking small payoffs from stringers at the TV station in exchange for guaranteeing that their clips were broadcast. When their segments didn’t show as promised, the freelancers alerted executives to the scheme. Soon after, the station discovered that Porambo had been cooking his expense reports. Once again he was fired.

The question of why a reporter who’d built his reputation skewering corrupt systems would lie to banks, to say nothing of swindling fellow journalists for a few bucks, is difficult to answer. Maybe he genuinely believed that his family needed the cash. Or maybe he feared that he was living the cookie-cutter life he’d always dreaded and broke the rules just to prove that he could. Either way, losing his job didn’t scare him straight. It only pushed him deeper into vice.

One day in March 1978, Porambo dyed his hair a garish red—or donned a wig that color, no one can remember for sure—and drove to the parking lot of Toronto International Airport. He carried a toy gun that he’d spray-painted to look real. Porambo approached a parking attendant, demanded money, then ran away with the cash. A few days later, police tracked him down and arrested him. Porambo claimed that he’d robbed the attendant to make a mortgage payment. “I just did the wrong thing,” he told a reporter several years later. “I was real messed up.” Yet the crime was so preposterously amateurish, so cartoonish, that it seemed engineered to fail.

One theory, now shared by Carol and Glenna, is that Porambo intended to get in trouble with the law, or at least flirt with the prospect. The seed of this theory is a book. In 1968, writer Nathan Heard had published Howard Street, a hyperrealistic novel set in Newark. It was about sex workers, pimps, and pushers, and it was hailed for its raw honesty. Boosting the book’s profile was the fact that Heard wrote it while he was finishing an eight-year stint in prison for armed robbery. His vivid prose and personal story wowed readers and the literary world. Howard Street sold a million copies. Porambo kept a copy on his shelf, where it became an object of envy for him. In Toronto, he started working on a novel he titled Walker’s Last Stand. No one ever read the draft—Porambo was protective of his work, and the manuscript was later lost—but his family gathered that the plot centered on a criminal enterprise. Perhaps, Carol and Glenna told me, No Cause for Indictment had made him realize that, despite his reporting chops and ear for gritty, untold stories, he lacked the profile to launch a book about urban life into the commercial stratosphere. In which case, maybe he thought that crossing the line into criminality would give his writing authenticity.

The idea sounds farfetched. Then again, Porambo was notoriously rash. And the theory brings to mind the first story he wrote for the Daily Journal, about the robbery at the candy store. On its face, the article reads like a remarkable feat of empathy with the thief. But could its perspective have been a sly confession about how Porambo got the story? Given the trajectory of the writer’s life, in hindsight it seems plausible.

Following the stick-up at the airport, Porambo was found guilty of armed robbery. Carol packed up the family car and headed back to Newark. She was fed up with her husband’s antics, but she still loved him. She’d be there when he got out.

Porambo kept working, taking inspiration from his circumstances. He was allowed a typewriter in his cell and published a piece in the Toronto Star on the endless boredom of “dead time,” the days that convicts spend before sentencing that may or may not count as time served. After nine months, he was released and deported to America, where he reunited with his family in Newark. It wouldn’t be his last stint behind bars.

1980

Porambo was determined to sell Walker’s Last Stand. The manuscript was finished, and he wanted it to win the accolades that No Cause for Indictment hadn’t. He commuted into Manhattan for long dinners with book publishers at Italian restaurants in the West Village, with Carol by his side. He was so pushy when promoting his work, so sure of his brilliance, that she was sometimes embarrassed for him. “Ron had no shame, so nothing was awkward for him,” she said. When nothing came from a meeting, he would mutter to his wife under his breath, “I hate people.”

Without a book deal or steady work, Porambo began leading a double life. By day he worked on his novel and pitched freelance articles. By night he descended into Newark’s underworld—this time not as a reporter but as a participant. In 1980, the city was posting some of the highest crime rates in the country, and Porambo joined the fray by reviving the stick-up routine he’d tried in Toronto. Glenna, with whom Porambo was close, helped him. She rode with her stepfather to nice neighborhoods and cased potential marks. When Porambo bought wigs and fake mustaches for the disguises he wore when holding people at gunpoint, he paid Glenna $10 to trim them so they’d fit his face. “It was a lot of money back then,” she told me.

Porambo pocketed modest amounts of cash from his robberies, but that didn’t seem to be his main motivation. Like his parents all those years ago, Porambo fumed about “those people,” except he was referring to whites who worked in Newark during the day and returned to their cushy suburban homes at night. He ranted to Carol about how the rich never spent their money where it was needed.

“He thought he was getting back at rich people and society,” Carol confided in Fred Bruning, who’d kept in touch while building a respectable career at papers up and down the East Coast. Or maybe, Carol added, her husband was just unwell.

There was a Robin Hood quality to his logic, but Porambo didn’t spread the wealth he pilfered. He seemed more vindictive than benevolent.

There was a Robin Hood quality to his logic, but Porambo didn’t spread the wealth he pilfered. He seemed more vindictive than benevolent.

Porambo made friends with street criminals willing to team up with him on jobs. One night in June 1980, he and an accomplice, 20-year-old Richard Norman, staked out the parking lot of Snuffy’s, a restaurant in the town of Scotch Plains. It featured faux marble colonnades, lobster buffets, a plate-breaking show with cries of “Opa!” and a “sit down eating clam bar”—the greatest hits of Greek American hospitality. Their stomachs full of surf and turf and two-dollar glasses of wine, a couple named the Kilpatricks were walking to their car when Porambo and Norman approached. One of them pistol-whipped Mr. Kilpatrick, and the attackers made off with $277 in cash. Fifteen minutes later, the police pulled them over in a car matching the description the Kilpatricks had provided. Porambo later admitted to being a little “high on alcohol” during the slapdash heist. Once again the weapon he used was a toy gun.

Porambo was sentenced to seven years for robbery and assault and shipped off to Leesburg State Prison, a medium-security lockup that employed inmates in good standing on a working farm. Porambo did well inside, and he even gave his investigative career another go. He began looking into the prison’s bloated work contracts and compiled a 16-page report on fraud and kickbacks. He tried to mail it to a newspaper, but prison authorities discovered the draft and confiscated it. Despite the provocation, he earned early release to a halfway house in less than two years.

As a parolee, looking for a job was a legal requirement. Asking Newsday to hire him was ballsy. The Long Island daily was cherry-picking writers and editors from bigger, better-known outlets. Murray Kempton, the former editor of The New Republic, came on board as a columnist in 1981 and won a Pulitzer four years later. Breslin jumped ship from the Daily News and worked at Newsday until he retired in 2004. Porambo secured an interview with Tony Marro, one of the top editors, and hoped he could convince the paper’s leadership to help him stage a comeback.

When he visited Newsday’s offices, Porambo’s first stop was at the desk of Fred Bruning, who’d recently joined the staff. Over the years, in phone calls and at dinners when the men found themselves in the same city, Bruning had been a calming influence on his friend. He’d always been jealous of Porambo’s talent. Now, as they sat in the Newsday cafeteria, Bruning realized that the journalist he’d long admired was no longer there. Personal demons had done their worst; the conversation was brutal. “Looking grim and exhausted,” Bruning later wrote, “Porambo told me he was going to give newspapers one more try. But, he warned, if he couldn’t find a job at a prestigious place like Newsday, if the business rejected him again at this late date, he was returning to his avocation—to crime.”

The gig at Newsday didn’t materialize. Over the next few weeks, Porambo appeased his parole officer by picking up work at the Atlantic City Press. Then, in January 1982, he missed his nightly sign-in at the halfway house. He explained that he was late because he’d been at work—the very work that the legal system required him to have. It didn’t matter. He was charged with attempted escape and shipped back to prison. When he got out a few months later, he made good on what he’d told Bruning he would do.

1983

Porambo rubbed spirit gum along the contour above his upper lip and pressed the flimsy mustache into place. He pulled the wig, selected from the Headstart Hair for Men line, over his scalp. He’d bought it a few weeks earlier at a store called Town Wigs in Irvington, New Jersey, where he’d told the salesman his name was Ron Pope. The wig made him look like Barry Gibb of the Bee Gees. He glanced in the mirror to make sure he was unrecognizable. Then he grabbed his brown overnight bag and stuffed his supplies inside: silver .32 revolver, duct tape, ski masks, fake police badges, bullets, and makeup.

Carol was crying. She pleaded with him not to go. They had money; they would make rent. And there were consequences to the dangerous game Porambo was playing. “God don’t like ugly,” she told her husband.

Since getting out of Leesburg the second time, Porambo had settled into a new line of crime: taking down drug dealers. It was a high-risk, high-reward business. The upsides were cash and other items—cocaine, marijuana, jewelry—with serious street value. Plus, Porambo’s marks rarely called the police. But there was little room for error in robbing hustlers. One mistake and you could wind up dead.

There was little room for error in robbing hustlers. One mistake and you could wind up dead.

Porambo didn’t work alone. His accomplices were the same sort of people he’d once relied on for news tips. There was Eddie Crawford, who supplied Porambo with information about targets—where they lived, what they were carrying, when their shipments came in. Larry Page and Bob Windsor, two men Porambo had met in prison, helped him do the dirty work: While he held a dealer at gunpoint, they would shake the target down. After making their getaway, the team would divvy up the spoils. Jewelry got fenced through Willie Rabb, the owner of a We Buy Gold outfit in Newark.

Carol disliked her husband’s new friends so much that she quit her job as a nanny to make sure her kids were never alone when Porambo brought the men around. Windsor was from south-central New Jersey and had been in and out of jail for the past decade. He was 38, white, and a little overweight. Porambo sometimes scolded him for being a junkie. Page was black, a few years younger, and imbued with a cruel streak. According to Carol, “He was the devil.”   

There was no better proof than what happened on April 10, 1983. It was a rainy spring day. Water dripped from trees and gutters as Porambo and Page walked toward a five-story redbrick apartment building in Newark. They had to pass the entrance a few times before someone who lived in one of the units came out. Porambo, wearing a blue uniform jacket, smiled and tipped a fire-marshal hat toward the tenant. Then he stuck his foot between the door and the frame; he and Page slipped inside.

Three floors up, Sidney Davis and his girlfriend, Betsy, were naked and doing cocaine on Davis’s big circular bed. A 34-year-old drug dealer, Davis wasn’t the richest or flashiest guy pushing coke in the neighborhood, but he moved a decent amount of it. Just after 2 p.m., there was a knock at the door.

“Did you hear that?” Betsy asked.

Davis stuck his head out from the bedroom. “Who’s that?” he yelled.

“Fireman,” was the answer. Davis hadn’t heard an alarm in the building. Still, he threw on a robe and opened the door.

He instantly knew he’d been set up. These guys were no firemen. Porambo pushed past him and pulled a revolver from his jacket pocket, which he pointed squarely at Davis’s chest. Then Page barged in, and the robbers forced Davis to lie facedown on a couch.

Porambo kept his gun trained on Davis while Page scoured the apartment for money and drugs. In the bedroom, he found a few thousand dollars, diamond-studded watches, and Betsy. She was trying to hide from the intruders. Page started to force her into the living room, then changed his mind. He pushed her back onto the bed and raped her.

When Page finished, he dragged Betsy out to the couch and threw her on top of Davis. Then he shoved a pillow over her head and demanded that Porambo shoot them both. For all the mayhem Porambo had caused in his life, he’d avoided crossing the line that divides threatening deadly violence and committing it. Davis, though, couldn’t have known that. Lying on the couch under the weight of his girlfriend’s battered body, he decided that he wasn’t going down without a fight.

Davis roared up from the couch and lunged at Porambo. Betsy did the same, clawing wildly at the faces of the two surprised robbers. In the ensuing fight, bottles were smashed, furniture was flipped, and skin was torn open. Then a crack of gunfire split the air. A downstairs neighbor heard it and stuck her head into the hallway. She listened as two men raced to the exit on the floor above her, one of them shouting, “Hurry up, I’m hurt!”

As Porambo and Page bolted from the building, Betsy called the police. When they arrived, the officers found Davis laying in the hallway, his bloodstained robe trailing behind him. He had a gushing wound in his chest. Adrenaline and shock had kept him awake long enough to tell the cops that a white man had shot him. He was pronounced dead within the hour.

Inside the apartment, there were blood smears on the floor and coffee table, and a long streak on the wall where a hand had reached for support. In the bedroom was an extensive stash of cocaine and drug paraphernalia. Betsy was hysterical and unable to describe much of the robbery, except to say that she’d been raped. On the floor, detectives found a black wig, a blue fireman’s hat, and a silver .32-caliber revolver with two spent cartridges.

When Porambo returned home later that night, he was bleeding from a gash on his head and wearing different clothes than he’d left in. “Whose sweater is that?” Carol demanded. All Porambo would say was that he’d borrowed the shirt from Page. “What have you done?” Carol asked. Her husband stood in front of a mirror trying to pull off the gluey wads of wig hair matted together with dried blood. Someone had smashed his head with a vase, he replied. She didn’t believe him. “I can’t help you,” Carol said, throwing up her hands. He’d made his choices.

Porambo packed a suitcase and disappeared for a couple of weeks, staying at Windsor’s bungalow in southern New Jersey. A seismic shift had occurred: Porambo was now a killer, and it was likely only a matter of time before Davis’s associates came looking for him. His nerves were raw. He told Carol and his children not to open the door for anyone they didn’t recognize. “You could sense a little change in the way he felt about it. He said he might’ve stepped a little too far,” Glenna told me. Before long, though, he started lining up a slate of new jobs back in Newark. He was like an addict convinced that he wouldn’t overdose a second time. “I went about it the way I did everything else,” Porambo later told Bruning of his criminal exploits. “If there had been eight days in a week, I would have done it eight days.”

One month after Davis’s murder, Porambo and Windsor robbed a major drug dealer named David Williams, a job that involved dressing as cops and tying up Williams’s domestic help in a brazen midday home invasion. The pair made off with a briefcase of cash, jewelry, and drugs. When Porambo delivered the jewelry to Willie Rabb, his longtime fence, Rabb had a choice to make. Porambo had been a reliable partner, but Williams was a fearsome guy. If the drug dealer found out that Rabb had flipped his possessions, it could spell the end for the We Buy Gold proprietor. Rabb picked up the phone, called around until he got Williams on the line, and told the dealer how the job had gone down.

A few days later, on the night of May 19, Porambo was home with his family when the phone rang. He answered it in his office and kept his voice low while he talked. “All right, I’ll see you there,” was all Carol caught of the conversation. After Porambo hung up, he told his wife that he was going out. As usual, she begged him to stay and he brushed her off, telling her that he’d be back soon.

It was the same thing that Eddie Crawford, Porambo’s tip provider, had told his girlfriend a few hours earlier. After taking a phone call, Crawford had left home and gone into Manhattan, where he’d been gunned down by an unknown assailant. By the time Porambo got in his Volkswagen and drove to 186 Ridgewood Ave., Crawford was in a Harlem hospital, brain-dead. Maybe the person who’d called Porambo’s house had warned him that he was in danger, too. Or maybe it was the same individual who lured Crawford out. Nobody knows for sure, because the next time Porambo spoke to anyone, he was under arrest in a hospital bed, with a bullet lodged permanently in his brain and little memory of how it got there.

The cops who responded to Porambo’s shooting searched the Volkswagen where it had happened and found a bag containing wigs, fake badges, and two loaded pistols. The accessories linked Porambo to several unsolved crimes, including the murder of Sydney Davis. A rent receipt led police to an apartment in Belleville, New Jersey, where they found cash, stolen driver’s licenses, maps with homes and addresses circled, passports and birth certificates with random names, and more guns and disguises.

To some people, the scope of Porambo’s crimes seemed implausible. His parole officer told police that he’d had “no inclination that [Porambo] was doing anything wrong.” Local newspapers covered the story, listing the pending charges against him and referencing Porambo’s renown for his “controversial book.”

Carol’s reaction to the scope of her husband’s deceit was stoic. Nothing surprised her anymore. “It was just so hard for me to even cry tears,” she told me. In a final act of spousal loyalty, she dug through Porambo’s office and found a fireman’s uniform he often wore during robberies. She burned it in their apartment building’s incinerator.

1984

While he sat in jail awaiting trial for felony murder, acclimating to life with a chunk of metal in his head, Porambo’s moods were fitful. Sometimes he was chipper, like the day a detective visited him with a nurse to take hair and blood samples. The nurse patted one of Porambo’s muscled forearms in search of a vein, and the inmate bragged that he’d been doing lots of pull-ups lately. At one point, he said to the detective, “It’s really nice to make your acquaintance. I only wish it had been under different circumstances.”  

“You’re the first guy in seven years in your situation that ever said that to me,” the detective replied.

When the nurse turned her attention to his hair, zeroing in on a strand to pluck, Porambo said, “Don’t take the gray hairs! Those are special to me.” When the nurse asked why, he glanced up with a scampish grin, “I got them from all of my unpublished works.”

In other moments, Porambo was matter-of-fact. Page and Windsor had given statements to the police implicating him in multiple crimes, including Davis’s murder, in order to protect themselves. He assumed they did so because they were sure he would die of his gunshot wounds. “How can you hurt a man who’s already dead?” he explained in a letter, one of hundreds he wrote while awaiting trial. The letters piled up on his lawyer’s desk, in the prison warden’s office, and at the newsroom of the Star-Ledger. He wrote so many to Richard Newman, the judge assigned to his case, that Newman was forced to recuse himself after prosecutors complained that the accused’s overwhelming contact might influence the trial.

Some of these letters revealed another side of Porambo—a peculiar, perhaps delusional one. He claimed that Jesus Christ had been whispering in his ear since he woke up in the hospital. He carried a small crucifix to legal meetings and signed correspondence “Sincerely and Faith in Christ.” Before a pretrial hearing, as he was preparing “notes” for the new judge on his case, he suddenly switched to writing that Jesus had told him, “No, no, run. Go to court! Why write the judge when you can tell [him] face to face.”

When the trial finally began, in July 1984, two of Porambo’s letters became focal points for the prosecution. In one, Porambo offered to testify against Page in exchange for a plea bargain; it was a tacit admission of guilt. In the other, he stated that he was “the only person who can or will recount the last moments of Mr. Davis with the dignity with which he deserves.” That sentence placed him at the scene of the murder.

Porambo’s defense was based largely on the precariousness of circumstantial evidence. His blood type was found in Davis’s living room, for instance, and Betsy identified the disguises in his car and at the secret apartment as looking similar to those worn by her attackers. Porambo’s lawyer also contended that the Newark police were framing his client as payback for No Cause for Indictment. The corrupt system Porambo had exposed, the attorney argued, had finally found a way to silence him. There was no proof to support that claim, however.

Porambo’s guns and disguise materials. (Essex County Files)

As the trial dragged on, the damage to Porambo’s neurological system caused spittle to collect at the corners of his mouth and sometimes drip down his chin. He was prone to bursting into tears unexpectedly. When he was called on to don the disguises allegedly used in his crimes, the moisture on his face rendered the glue used to attach them useless. Cheap beards and mustaches drooped pathetically off his visage as he stood before the jury. His lawyer later described it as “almost a sick kind of scene.”

Carol came to the hearings. She knew that their marriage was over, but she wanted to be present for her husband’s reckoning. Nervous that whoever had shot Porambo—a crime the police never solved—might come after her, she kept a low profile by sitting in the back row and avoiding the press. She never spoke to her husband. She can’t remember even making eye contact with him.

On October 2, 1984, a jury of eight women and four men found Porambo guilty. He was sentenced to 30 years to life. Though he never admitted to killing Davis, as the trial came to a close, Porambo made a statement before the court. “I am two people,” he told the judge. “I’m a good person and a bad person. I know that now.”

2006

For the first few years of his sentence, as he passed through bland prison hallways on his way to eat or shower, Porambo bounced awkwardly on the balls of his feet. Brain damage had spoiled his equilibrium. Below his black, thick-framed glasses, his chin jutted out at a strange, painful-seeming angle. He still drooled. Yet he kept in shape by jogging for an hour every day in the recreation yard, stopping to change into dry sweats halfway through. And he loved to shadowbox, doing the footwork that, as a teenager, he’d shunned in the ring. His moves inspired shouts of “Rambo!” among fellow inmates, who liked the smart, funny, and accomplished guy from Newark. Prison officers were less enamored: Porambo once threatened a hunger strike, detailing a “suicide schedule” in a letter, unless they provided him with speech and occupational therapy.

Eventually, Porambo began to wither, emotionally and physically. Outbursts of anger at his brother’s family, who tried to maintain contact with him, drove them to cut off communication. (Family members I contacted either did not reply or declined to comment.) His psyche took a major hit when, in 1989, his daughter Ronda slipped into a coma during routine surgery related to rheumatoid arthritis. Doctors said she was unlikely to survive. Prison authorities told Porambo that he could either visit her in the hospital or go to her funeral. He chose to see her before she died.

Carol heard her husband before he entered Ronda’s hospital room: his shuffling footsteps in the sterile hallway, the clanking shackles on his wrists and ankles. During the 15 minutes he was allotted for the visit, he wept over Ronda’s inert body, gripping it as tightly as he could. Then he trundled out. It was the last time Carol ever saw him. Years later, Porambo would remember Ronda’s death and say simply, “Lost without her.”

The trapped bullet eroded Porambo’s memory and his ability to speak and move. In time he was relocated to a prison unit for people with permanent health problems. When he could no longer jog, he took to walking the yard. When speaking more than a few words at a time became difficult, he scribbled on a pad of paper. Another prisoner helped him do basic tasks like tie his shoes and type.

In the summer of 2006, after Porambo had been behind bars for 23 years, Fred Bruning paid him a visit. They hadn’t seen each other in decades. Bruning found his old friend a shell of his former self, a desperate man who alternated between boisterous fits of laughter and racking sobs when talking about the past. Responding to questions, Porambo mostly grunted, roared, or scratched words onto his pad of paper. His phlegm-rattled breathing made him sound like a predator on a phone call in a horror movie.

Bruning had come to interview Porambo about his life. “Where’s Carol?” Porambo wanted to know. Bruning had no idea. They talked about what Porambo would be doing if he were free. “Work,” he managed to say. Then, putting pen to paper that was wet with his saliva, he continued, “Work is everything.” Bruning mentioned that two of his children, including Porambo’s own goddaughter, taught in minority schools. “God bless her,” Porambo wrote. When Bruning brought up the most painful subject of all—how his friend had wound up disabled and serving time for murder, how a life of such promise had come to this—Porambo let out a series of mournful cries before managing a single word: “Mistake.”

Porambo let out a series of mournful cries before managing a single word: “Mistake.”

Three months after Bruning’s visit, on the morning of October 22, a corrections officer peered through the cutaway glass window of cell 2C. Inside, Porambo was on his knees with his upper body bent over the metal frame of his stiff cot, as if in silent prayer. An hour prior, he’d had his breakfast. The officer knocked on the door. Porambo didn’t move.

The guard called in a “53,” the code for a medical emergency, over his walkie-talkie, and the lock on Porambo’s cell thudded open. Paramedics rushed in and dragged Porambo’s unresponsive body onto his mattress. They began chest compressions. Thirty-three minutes after being discovered in his cell, Porambo was pronounced dead.

At first it wasn’t clear what had killed him. The medical examiner saw no signs of physical injury: cuts, scrapes, bruises, torn fingernails. Porambo’s gray hair was shorn nearly to his scalp, and there was no visible head trauma. It wasn’t until the examiner conducted a full autopsy, cutting open his body, that she found the cause of death. The reporter once hailed as “a truth-seeker above all,” the criminal deemed by Newark prosecutors as “an extreme risk to society,” the erratic father, husband, friend, and colleague who’d been shot six times, had choked on a slice of orange. He was 67.

Finding any next of kin was difficult. No one could figure out where Carol was; she’d long ago ceased interacting with Porambo and anyone who knew him. When I tracked her down for this story, she was living in Kingsport with a second husband, in a cramped, homey apartment across the street from where the Bloody Bucket used to be; the place was filled with pictures of grand- and great-grandchildren, stacks of DVDs, and several pet cats. Carol told me that she and her children finally learned of Porambo’s death months after it happened, when Glenna searched for her stepfather’s name online and came across an obituary. By then, lest Porambo wind up in a pauper’s grave, his brother had claimed his remains.

Cleaning out the dead man’s cell, at least, was easy. Everything he owned fit into two plastic bins: a few books, a black-and-white portable TV, an electric typewriter. And a letter.

It had arrived in June 2006, a second chance in a white envelope. “Dear Mr. Porambo,” it read. “I was very moved by your book, No Cause for Indictment: An Autopsy of Newark. It’s an important piece of journalism and an enlightening read.” The sender was an editor at Melville House, a small publisher, who’d found a used copy of Porambo’s book on a sale rack at a local library. “I write to ask if you would allow us to bring it back into print,” the editor went on, remarking that the following year would be the 40th anniversary of the Newark riots. “We believe the book deserves a new life.”

With the help of another inmate, Porambo had typed a reply accepting the offer. The paper was taut and stained with tears.

When the book was reissued in 2007, its publisher crowed of the author, “His life … had this one great piece of work. And, by God, if you accomplish one great thing like that in your life, is it really a wasted life?” Warren Sloat, the original editor, penned a new introduction. “There’s nothing to compare with Porambo at the top of his form,” Sloat wrote, describing No Cause for Indictment as “borne aloft by an authentic literary voice.” That voice reverberated through time, with a righteous fury as widely relevant in the 21st century as it was when the book first appeared. Porambo wrote of “two distinct worlds,” one “rented to the city’s poor, a sprawling mass of slums and high-rise prisons,” the other for prosperous white people who “retreat” from facing up to pernicious realities in which they are complicit. Racist public policies cemented the divide, and bigoted law enforcement patrolled it. “Violence perpetrated on ghetto people is condoned by police superiors,” he said, “if not by overt action then at least by silence.”

Sloat pondered the book’s limited success—“maybe [it] was too late to be journalism and too early to be history”—but not Porambo’s existential downfall. That task fell to Bruning, whose prison interview formed the reprint’s poignant epilogue. He cycled through possible psychological explanations, concluding that nobody could say for sure what went wrong in Porambo’s life, not even Porambo himself. Bruning then quoted Spanish author Miguel de Unamuno, who once wrote, “At some point, it is inevitable that you find yourself and it is up to you to determine whether that moment, that encounter will be about gladness or about sorrow.” Bruning wondered. “Did gladness spook Porambo? If so, sorrow awaited.”

When I spoke to Bruning on the phone in the fall of 2017, he told me, “There is a starting point to this somewhere, somehow. Without knowing it, there’s going to be a hole in every story done about Ron.” Perhaps, though, that hole is the point—the counterintuitive thing that makes the narrative of Porambo’s life both universal and complete. We all have cracks, some wider than others, through which devils can creep to fight our better angels. And as Porambo wrote in his book, “There are no such animals as ‘minor corruption’ or ‘little lies’ … since both evolve into predatory monsters.”