Police Reports & FBI files

LAKE HERMAN ROAD – 12/20/1968: Read the original reports and other official documents produced by the Benicia Police Department and the Solano County Sheriff’s Office during the investigations of the murders on Lake Herman Road on the night of December 20, 1969.

BLUE ROCK SPRINGS PARK – 7/4/1969: Read the original reports and other official documents produced by the Vallejo Police Department and other agencies during the investigation of the shooting and murder at Blue Rock Springs Park on the night of July 4th, 1969.

LAKE BERRYESSA – 9/27/1969: Read the original reports and other official documents produced by the Napa County Sheriff’s Department and other agencies during the investigation of the stabbing and murder at Lake Berryessa on September 27, 1969.

SAN FRANCISCO – 10/11/1969: Read the official documents regarding the Zodiac’s last known murder of cabdriver Paul Stine in San Francisco on the night of October 11, 1969.

RIVERSIDE, CA – 10/20/1966: Read the original reports and other official documents produced by the Riverside Police Department and other agencies regarding the investigation of the murder of Cheri Jo Bates in Riverside, California on the night of October 30, 1969.

CA Dept. of Justice: Read the reports produced by the California Department of Justice regarding the original Zodiac investigation.

FBI Files: Read the FBI files regarding the Zodiac investigation.

Click Here to view previously-unreleased FBI files including documents regarding the Zodiac attack at Lake Berryessa, Zodiac theorist Gareth Penn and his pet-suspect Michael O’Hare, and the Bureau’s handwriting analysis of various Zodiac letters and other questioned documents.

The Myth of Bungling Cops

 

MYTH: “Lack of Cooperation Hindered Investigation”

[Note to the reader: Due to the incredibly ridiculous nature of this myth, the debunking will be brief and to the point.]

Thanks to the efforts of Zodiac author Robert Graysmith and others, media reports often erroneously state that a “lack of cooperation” somehow hindered the investigation and permitted the killer to escape justice.

In interviews, Graysmith repeatedly cites this problem as one of the reasons that authorities failed to properly investigate and arrest his suspect, Arthur Leigh Allen. During his appearance on America’s Most Wanted, Graysmith told host John Walsh, “I realized the police departments in the different counties were not sharing, so, as a private citizen I realized I could go places they couldn’t and get information. It took ten years, I compiled it into a book so people could remember this case.” Graysmith apparently operated under the delusion that he had some special access denied to investigators. In truth, police were free to go virtually anywhere they pleased in search of information – including many places Graysmith could not – and, in the course of his amateur investigation, the cartoonist failed to uncover any important or relevant evidence previously unknown to the investigators. As Graysmith uttered these absurd remarks, Walsh nodded in agreement, then turned to the camera and, in a bit of understatement, said, “That book made a difference and that book is STILL helping keep this story alive.” In truth, Graysmith’s book had kept the story alive by contaminating the historical record and perpetuating myths. The Zodiac story was, in fact, alive and well before the publication of Graysmith’s book, and his revisionist account – which claimed the author had solved the case – did little to help the real search for the killer.

In the film ZODIAC, Graysmith’s character is given brief access to the Vallejo police reports and scours the files for information he later gives to Toschi. The film implies that Toschi was unable to read the files himself, when, in fact, Toschi was given a copy of the Vallejo police files and had full access to the information gathered by the various agencies involved in the investigation.

All of the available evidence indicates that the various law enforcement agencies drawn into the hunt for the Zodiac not only cooperated and shared information, but that the men and women assigned to the case acted in an appropriate and professional manner. Those who continue to claim otherwise, or claim that investigators failed to cooperate, have chosen to ignore the known facts. Robert Graysmith criticizes police and blames investigators for the failure to catch the Zodiac, and an ignorant media repeats his falsehoods. Unsuspecting readers of Graysmith’s books, Internet followers of the case, and others, continue to believe that police somehow botched the investigation despite the evidence to the contrary. The overwhelming majority of those involved in the actual investigations have said that virtually everyone cooperated and shared information. A few individuals have claimed that others had failed to share important information yet rarely elaborate or provide examples.

Police reports, FBI files, and other documents produced during the decades of investigation reveal that virtually all of the various agencies involved had access to virtually all of the available information regarding the crimes attributed to the Zodiac and the investigations conducted by the Benicia Police Department, the Vallejo Police Department, the Napa County Sheriff’s Office, the San Francisco Police Department and the California State Department of Justice. In 1969, DOJ Agent Mel Nicolai was assigned to coordinate the investigations, to facilitate cooperation, and to collect and distribute information gathered during the investigations. Nicolai’s reports repeatedly state that the various investigators were made aware of new information, and the now-retired agent said that stories of infighting, jurisdictional jealousies, incompetence and a lack of cooperation were “bullshit.”

 

 

Melvin Belli & The “Birthday” Call

 

Zodiac Killer Movie
 

Melvin Belli, the “Birthday” Call and The Zodiac

On the night of October 11, 1969, the Zodiac murdered cabdriver Paul Stine and removed a portion of the victim’s shirt. Days later, the killer mailed an envelope to the offices of The San Francisco Chronicle. Inside, the Zodiac had included a blood-soaked piece of Stine’s shirt along with a letter that traumatized the Bay Area for decades. In his customary cavalier style, The Zodiac wrote, “School children make nice targets. I think I shall wipe out a school bus some morning just shoot out the frunt tire and pick off the kiddies as they come bouncing out.”

The Zodiac’s threat to assassinate school children terrified children and parents everywhere, and created a nightmare of security concerns for police and school officials. Armed men escorted children to and from schools while patrol cars and even aircraft followed along and monitored the surrounding area. As media coverage of Zodiac’s murderous plans increased and fears of a horrific ambush grew, a local television station was the setting for a chilling scene.

In the early morning hours of October 22, 1969, the Oakland police department received a phone call from a man claiming to be the Zodiac. The caller said he wanted famous Boston attorney F. Lee Bailey to appear on a local television talk show, but told the operator that he would settle for San Francisco lawyer Melvin Belli in the event Bailey was unable to appear.

Hours later, Belli was the guest on the show with host Jim Dunbar. A man called the KGO television station several times, and, in conversation with Belli, claimed he was the Zodiac and that his name was “Sam.” One exchange revealed that Sam had been interested in Belli for some time.

DUNBAR: Talk to us. Just, tell us what’s going on, inside you, right now. Please.

CALLER: I have headaches.

DUNBAR: Right.

BELLI: How long have you had those headaches, uh, Sam? Been a long time?

CALLER: Since I killed a kid.

BELLI: Well, was it before December that you had the headaches?

CALLER: (pause) Yes.

BELLI: If, did, were you in service, that you might have had an injury in service, did you ever fall out of a tree or down stairs? Were you ever unconscious?

CALLER: (pause) I don’t know.

BELLI: You don’t remember. Does aspirin do you any good?

CALLER: No.

BELLI: Doesn’t do you any good?

CALLER: No.

DUNBAR: Sam –

BELLI: Damn stuff never did me any good either.

DUNBAR: – Sam, let me ask you a question. Did you, um, did you attempt to call this program one other time when Mr. Belli was with us? And, you called -

CALLER: What?

DUNBAR: Did you try to call us one other time about, oh, two or three weeks ago when Mel Belli was with us?

CALLER: Yes.

DUNBAR: And you, uh, well –

BELLI: You couldn’t get through, and we were talking?

DUNBAR: And you couldn’t get through, the phones were tied up, is that it?

CALLER: Yes.

BELLI: Sam, let me ask you this – There’s some reason why you go to a particular doctor or a particular priest, and some reason why apparently you wanted to talk to me, or Lee? Is it that you feel we have compassion for people who get in trouble? Or, is that you feel that we can do something for you? Or is that you feel we’re, we’re, have enough integrity that if we promise you something, that we’re gonna stick to it?

DUNBAR: Well, let’s find out why he wanted to talk to – Why did you want to talk to Mr. Belli, Sam?

CALLER: I don’t want to be hurt.

At one point during the exchange, the caller threatened, “I’m gonna kill those kids!” Belli persuaded Sam to meet with him in person, but, due to the media circus surrounding the secret meeting, no one was surprised when Sam failed to appear at the agreed upon location. Efforts to trace Sam’s calls to the KGO switchboard were unsuccessful. A surviving victim and two police dispatchers had all spoken with the real Zodiac and, after listening to audio tapes of the caller’s voice, all agreed “Sam” was an imposter.

In the weeks after his televised phone conversations with “Sam,” Melvin Belli worked with rock legends The Rolling Stones as they attempted to find a concert venue somewhere in San Francisco. Belli worked as mediator between The Stones and Dick Carter, the owner of the Altamont Speedway. (These conversations and other footage featuring Belli with the famous band members can be seen in the film GIMME SHELTER.)

On December 6, 1969, crowds gathered at the site of the concert at the Altamont Speedway. Melvin Belli arrived and made his way through the mass of spectators. The infamous motorcycle gang The Hells Angeles served as security, reportedly in exchange for large quantities of beer, and gang members were involved in various hostile and violent incidents with fans throughout the concert. Fans were shocked when Alan Passaro, a 21 year-old Hells Angel, stabbed a man as the band played on.

When the man died, the brutal stabbing quickly became a media nightmare for The Rolling Stones, and a serious legal problem for The Hells Angels. The concert had been recorded on film as part of the upcoming movie, GIMME SHELTER, and the film revealed that the victim had pointed a gun at lead singer Mick Jagger before the Hell’s Angel intervened.

A few days after the December 6 concert, the district attorney called the owner of the Altamont Speedway and informed him that the he and the Hell’s Angels would face charges in the killing of the gunman. The owner then called members of the Hell’s Angels in an attempt to locate the missing gun used by the victim. The owner hoped the gun and the concert footage would prove that Alan Passaro had acted to protect Jagger and others from the gunman and, therefore, should not face charges.

Once the Angels located the weapon, the Altamont owner contacted attorney Melvin Belli, who had helped the Rolling Stones arrange the concert at the speedway. Belli told the owner to put the gun in a shoebox and bring it to his office. The owner followed Belli’s instructions and took the weapon to Belli’s San Francisco office. While Belli was able to help the gang members temporarily avoid prosecution, the district attorney later filed first-degree murder charges against Alan Passaro. (A jury acquitted Passaro in January 1971, and stated that he had acted in self-defense.)

Melvin Belli left San Francisco on December 20, 1969, to attend a conference of military trial lawyers held in Munich, Germany. On that same day, the Zodiac mailed a letter to Belli’s home. Postmarked December 20, the envelope arrived at the attorney’s residence on December 23. Belli’s housekeeper then forwarded the envelope to the attorney’s office. After the Christmas holiday, office employees opened the envelope and found it contained a written plea for help and a blood stained scrap of cloth. Belli’s staff immediately notified the San Francisco Police department.

Handwriting experts concluded that the Zodiac had written the letter, and police confirmed that the scrap of cloth did, in fact, come from the shirt worn by the Zodiac’s last known victim, cabdriver Paul Stine.

Paul Avery, reporter for the San Francisco Chronicle contacted Melvin Belli by phone in Munich, Germany on December 28. Belli commented on the Zodiac letter and offered his help to the Zodiac. Avery’s article (see photos below) appeared in The San Francisco Chronicle on December 29, 1969, and specifically stated that Belli was “en route to Germany” on the day the letter had been postmarked – December 20, 1969. Avery also mentioned that the housekeeper had forwarded the letter. Belli described his travel plans to Avery, who wrote, “Belli said he is scheduled to remain in Europe for several weeks – he has a trial starting next week in Naples, and then plans to fly to Algiers (Africa) to confer with fugitive Black Panther Eldridge Cleaver …”

On January 14, 1970, SFPD Inspector William Armstrong contacted the FBI to report that someone claiming to be the Zodiac had called the home of Melvin Belli and asked to speak with the famous lawyer. (see photo of this report below) The report read:

1 14 70 RE: SAN FRANCISCO AIRTEL DECEMBER TWENTY NINE LAST. On instant date Insp. (name redacted), Homicide Detail, San Francisco Police Department, confidentially advised that UNSUB, who identified himself as ‘Zodiac,’ telephonically contacted attorney Melvin Belli’s residence in effort to contact Belli. UNSUB was advised Belli was in Europe and stated, ‘I can’t wait. Today’s my birthday.’

This report was marked “URGENT” and directed to the “Identification Bureau.”

According to the report, San Francisco police requested that the FBI “re-check” the fingerprints of a suspect who had previously been reported to the Bureau, suggesting that the birth date of the caller was the same as the date the call had been made. The name, and birth date of the suspect, were redacted before the report was released to the public, leading to speculation regarding the actual date of the call. The first line of the report read, “RE: SAN FRANCISCO AIRTEL DECEMBER TWENTY NINE LAST,” and has been misinterpreted as the date that San Francisco police notified the FBI regarding the “birthday” call. Each FBI report includes the date of the last report referencing the same subject matter. On December 29, San Francisco police contacted the FBI to report the Zodiac’s most recent attempts to contact Melvin Belli by mail. Per FBI procedure, the next report to reference the Zodiac’s possible attempts to contact Belli cited the most recent report on the subject.

The report stated that the FBI was contacted by San Francisco police “On instant date.” This term is used in official documents to quickly and clearly denote the current date, time, or subject – in short, “instant date” translates to today’s date. As the report is dated January 14, 1970, logic dictates that the “birthday call” took place on or shortly before January 14, 1970.

FBI files indicate that police were quick to report developments to the FBI. The SFPD sent dozens of requests to the FBI for assistance in the investigation, including fingerprint and handwriting comparisons, checks for criminal records, identifications of suspects, suspect information, examination of coded messages, and more, including simple memos to correct the spelling of a suspect’s name. In one instance, police requested copies of the fingerprints belonging to a potential suspect and arranged with the FBI for the evidence to be flown from Washington to California on the same day the request was submitted.

The “birthday” call inspired police to set up a trace on Belli’s home phone in the hopes that future calls from “The Zodiac” would lead to his location and identity. On February 18, 1970, Inspector Armstrong contacted the FBI to report that the individual who had been calling Belli at the television station had been identified and located. The calls had been placed from a mental institution, and the caller, who had used the names “Sam” and “The Zodiac,” was actually a patient named Eric Weil.

An amateur photographer, Eric Weil lived in the Bay Area during the 1960s. “By all accounts, Eric was just one of those guys who showed up everywhere with a camera,” wrote a former acquaintance. “My efforts to track down Eric were unsuccessful. One person I interviewed was pretty sure Eric ended up doing time in prison not long afterwards.”

On December 3, 1965, songwriter and rock legend Bob Dylan appeared at a press conference held in the studio of San Francisco television station KQED and hosted by the music lover, Ralph J. Gleason. Eric Weil attended the conference and took photographs with a Polaroid camera throughout the event. As the conference began, Weil had an odd question for Dylan.

GLEASON: Who’s first? Come on.

WEIL: I’d like to know about the cover of your, of your forthcoming, or your, uh, uh, album – the one with Subterranean Homesick Blues in it. I’d like to know about the, the meaning of the photograph with you and the wearing of the “Triumph” tee-shirt.

DYLAN: What did you want to know about it?

WEIL: Well, that, you know, that, that’s an equivalent photograph, it means something, it’s got a philosophy in it – (audience laughs; Dylan is amused) – and I’d like to know visually what it represents to you, because you’re a part of that.

DYLAN: (searching for an answer) I haven’t really looked at it that much, I don’t really –

WEIL: (emphatically) I’ve thought about it a great deal.

DYLAN: All right, it was just taken one day when I was sitting on the steps, you know. I don’t, uh, I don’t really remember, really, uh, too much about it.

WEIL: What about the motorcycle as an image in your, in your songwriting? You seem to like that.

DYLAN: Oh, well, we all like motorcycles, to some degree.

WEIL: (quietly) I do.

Weil’s fascination with celebrity was evident during the 1965 press conference and during his 1969 telephone conversation with Melvin Belli on KGO television. Speaking as “Sam,” Weil admitted to TV host Jim Dunbar that he had previously attempted to call the television station during Belli’s appearance on the program several weeks earlier. Weil’s behavior indicated that he had become fixated with Belli, and that the calls to Belli’s home were part of his ongoing efforts to establish contact with the publicity-loving lawyer.

In his 1971 summary of the Zodiac case, reporter Paul Avery wrote that Eric Weil had been identified after calls to Belli’s home were traced to the mental hospital. In his 1975 book, GREAT CRIMES OF SAN FRANCISCO, San Francisco Chronicle reporter Duffy Jennings stated that police had been able to locate “Sam” after calls to Melvin Belli’s home were traced to the hospital in Oakland. Jennings wrote that police believed the imposter had been responsible for the calls to the television station as well as call to the Oakland police department in October. San Francisco investigators cleared Eric Weil as a Zodiac suspect.

The FBI report is the only official document to mention the so-called “Zodiac birthday call” to Belli’s residence. The call is not mentioned in any of the hundreds of pages of reports produced by the Vallejo police department, the Napa County Sheriff’s Office, the Department of Justice or the San Francisco police department. If authorities had any reason to suspect that the real Zodiac was responsible for the birthday call, the important information regarding the killer’s possible date of birth would most likely appear somewhere in the official files generated during the decades of investigation.

The fact that someone claiming to be the Zodiac had made such a call was not disclosed until 1999, when the FBI files regarding the Zodiac case were released to the public through the Freedom of Information Act.

Robert Graysmith’s 2002 book, ZODIAC UNMASKED, cited the FBI report and claimed that this call was made by the real Zodiac on the December 18 – the birthday of his chosen suspect, Arthur Leigh Allen. No one had ever attributed the “birthday” call to the real Zodiac until Graysmith did so in this book. Graysmith was also the first and only person to claim that the call had occurred on the birthday of his suspect.

Graysmith’s account of the call varies. On page 362 of ZODIAC UNMASKED, under the date “Thursday, December 18, 1969,” Graysmith wrote, “Zodiac called the attorney’s home, but got his housekeeper instead.” Graysmith cited the lone FBI report, # 9 49911 88, dated January 14, 1970, as the source for his date of the call.

Under the date “Saturday, December 20, 1969,” Graysmith wrote, “Two days after the call, exactly a year after the first Northern California murders, Zodiac’s letter containing a square of Stine’s bloody shirt arrived at Belli’s home. Unopened, it was forwarded down to his business office to be opened by his secretary.” On page 365, Graysmith wrote, “…December 20, a letter from Zodiac arrived at Belli’s office.”

Graysmith provided a quote from Belli on page 363 of ZODIAC UNMASKED. “On December 18, 1969, the Zodiac mailed me a brief note wishing me a happy Christmas. I went off to safari in Africa. But while I was there, the Zodiac, according to my housekeeper, phoned me several (more) times.”

(Graysmith inserted the word, “more,” into Belli’s quote in order to imply that Belli had mentioned a previous call when, in fact, he did not do so.)

Belli dated the letter December 18 but did not provide the date of the phone calls. He stated that he was “off to safari in Africa” while the Zodiac was phoning his home. Belli’s timing of the event indicates that he did not leave San Francisco until after the Zodiac had mailed the letter on December 20, 1969. Belli’s statement, made long after the time in question, indicates he may have been confused about where he had traveled at the time, but his statement that he left after the Zodiac mailed the letter is consistent with the account of his travel plans provided to reporter Paul Avery.

Using the available information, the following timeline accounts for Belli’s whereabouts:

Dec 6 thru Dec 20 = San Francisco

December 20, 1969 = Belli departs for Europe

Dec 20 thru Dec 28 = Munich, Germany

Dec 28 thru Jan 2/3 = Munich, Germany

Jan 2/3 thru Jan 9/10 = Naples, Italy

Jan 9/10 thru Jan 14/on = Algiers, Africa

This rough estimate places Belli in San Francisco until December 20, when he departed for Europe. Belli remained in Europe until he left for Africa some time in the second or third week of January.

If Belli was correct, and the calls to his home were placed while he was in Africa, the calls took place some time in the second or third week of January of 1970. The only FBI report to mention this birthday call is dated January 14, 1970, or the end of the second week of January.

Graysmith wrote that Belli had returned to California after he had been in Naples. According to Belli’s statements, he was scheduled to be in Naples during the first week of January. Belli also said that the Zodiac calls had occurred after he had arrived in Africa. Belli was scheduled to be in Africa sometime during the second or third week of January. If Belli had returned to California he must have done so sometime in the middle of January before he traveled to Africa.

All of the available information indicates that the call occurred shortly before or on January 14, 1970. None of the available information indicates the call occurred on December 18, 1969.

Graysmith’s books served as the basis for a new film directed by David Fincher (Se7en). In the film, the so-called “Zodiac birthday call” serves as a lynchpin of Graysmith’s accusation that his suspect, Arthur Leigh Allen, was the Zodiac. Facts are changed and the sequence of events surrounding Belli are rearranged.

One curious scene shows Toschi and Armstrong arriving at the home of Melvin Belli while Christmas music plays. Inside, they find the melodramatic attorney sitting behind his desk and holding a new letter from the Zodiac. Belli reads the letter to the inspectors who are not happy with him. Belli says that the people have a right to know about the letter and Toschi says, “Which is why you contacted the Chronicle.”

Armstrong asks when the letter arrived and Belli says that the envelope came during “the middle of last week.” He believed that the Zodiac had chosen to write to his home because he had been unable to contact Belli at the TV station or“here.” Armstrong asks, “He tried to contact you here?” Belli responds, “Several times,” and explains, “I was out but he spoke with my housekeeper.” Armstrong then runs off to question the housekeeper.

The facts demonstrate that Belli was in Munich, Germany, and not in San Francisco, when the Zodiac’s letter arrived at this home on December 23, 1969. He was not at his home and did not touch the Zodiac letter, nor did he contact the Chronicle before alerting authorities. Belli did not tell police about phone calls to his home because no such calls had occurred at that time. The FBI files state that Belli’s housekeeper did not report receiving any phone calls from someone claiming to be the Zodiac at the time in question but several weeks later in January 1970.

Immediately after this scene of the film, a title on the screen reads, “March 22, 1970 – 2 1/2 Months Later.” Approximately 2 1/2 months before March 22, 1970 would date the scene in Belli’s home in the second week of January, or the time of the FBI report that mentions the “Zodiac birthday call.”

In another scene, Graysmith sits in the home of Melvin Belli, waiting to meet with the famous attorney. Melvin’s housekeeper brings the cartoonist some refreshments while he moans about the length of his wait. He tells her that he is writing a book about the Zodiac case and the housekeeper says, “I talked to him.” Graysmith asks, “With Mr. Belli, about the case?” and the housekeeper replies, “With Zodiac, when he called.” She tells Graysmith that the caller had said it was his birthday.

When asked to recall the date of the phone call, the housekeeper says, “Mr. Belli was away for Christmas, gone for a week…then the letter arrived.” She further states that Belli “came back on Christmas.” Graysmith deduces, “So, the call came before December 20” and says to himself, “So, he (Belli) left on the 18th.”

Graysmith never interviewed Belli’s housekeeper, and he did not learn of this so-called “birthday” call until 1999 with the release of the FBI files on the Zodiac case. These files demonstrate that the phone calls to Belli’s home occurred in early 1970, and that these calls were traced to the patient in a mental hospital.

Belli did not leave for Europe on December 18, but on December 20, as he told reporter Paul Avery. Belli was not in San Francisco for Christmas as the housekeeper described in the film, but in Munich, Germany, as is well documented in press accounts of that time.

After the scene with Belli’s housekeeper, the film shows Graysmith as he breathlessly dials Toschi for confirmation on the “birthday” call. Toschi is evasive but then tells the cartoonist that, had his partner checked on the call, he would have to “put that in a report” for the Department of Justice.

Any reports Armstrong filed with the Department of Justice would have stated that the phone calls to Belli’s home were traced to a mental patient and were not made by the real Zodiac. Toschi therefore had no reason to tell Graysmith otherwise.

Graysmith is also shown speaking with Agent Mel Nicolai of the State Department of Justice in Sacramento, California. Nicolai states that none of the suspects had been born on December 18, the day Graysmith believes the “birthday” call took place. The agent says, “Armstrong checked this out.”

Had Armstrong “checked this out,” he would have known that his own suspect, Arthur Leigh Allen, was born on December 18. Obtaining a suspect’s date of birth and other vital statistics is usually the first thing on an investigator’s list of things to do. None of the investigators seemed to notice this important fact, indicating that they knew that the “birthday” call did not take place on December 18, and they considered the call to be of little importance in the investigation.

Near the end of the film, Robert Graysmith appears at the home of SFPD Inspector David Toschi, proudly produces Arthur Leigh Allen’s drivers license, and cites the December 18 “birthday” call to attorney Melvin Belli. Toschi seems impressed by Graysmith’s discovery concerning Allen’s date of birth and the date of the “birthday” call. In reality, Toschi knew that the “birthday” call did not occur on December 18, and that the call was placed by a patient in a mental hospital, not the Zodiac.

In the final analysis, several conclusions are inescapable:

- The man who called the TV station on October 22 and spoke with Melvin Belli by phone was not the Zodiac, but Eric Weil.

- The real Zodiac mailed a letter to Belli’s home on December 20, 1969, the day that Belli departed for Europe.

- The letter was received several days later and the SFPD alerted the FBI on December 29.

- The media reported the story in late December while Belli was in Europe.

- The media attention provoked the TV caller to call Belli’s home some time in January of 1970.

- Belli’s housekeeper told the the caller that Belli was in Europe.

- The housekeeper contacted police to report the Zodiac call.

- Shortly after receiving this information, the SFPD alerted the FBI on January 14, 1970.

- SFPD then placed a tap on Belli’s phone and once the man called again, they were able to trace the call to a mental hospital and patient Eric Weil.

- On February 18, 1970, the SFPD informed the FBI that the matter had been resolved.

- The “birthday” call was forgotten because it was not made by the real Zodiac.

- The real Zodiac did not call Melvin Belli.

Blue Rock Springs Park & The “Silencer” Myth

Blue Rock Springs Park and the “Silencer” Myth

In the days after the shooting at Blue Rock Springs Park, surviving victim Michael Mageau told police that the sound of the gunshots seemed “muffled,” as if the gunman was using a “silencer.”

The statements given by a victim can be reliable and useful, but the combination of trauma, confusion, and other factors can often hinder a victim’s ability to recall certain aspects of the event.

The sound of a gunshot can be deafening, especially at close range, and the first shot can often cause a ringing in the ears of those within close proximity to the weapon as it discharges. Victims of a shooting often report that they did not hear the sound of the gun firing or that the sounds were somehow muted or muffled. These witnesses often report having heard the sounds of bullets passing by their ears and penetrating people or nearby objects. Bullets traveling close to the ear can create a sound that is similar to the sound of a silencer.

Victims of rapid gunfire are often mistaken when attempting to recall the number or sequence of shots fired during a crime, and frequently provide accounts that are in conflict with the known facts.

According to Mageau’s statements to police, he was sitting in the passenger seat of a parked car when a man approached from behind with a bright light. Mageau said he “heard a muffled sound” and felt a pain in his back and his neck. He then “heard some more muffled sounds” which he said resembled the sounds made by a “gun with a silencer,” and then felt more “pains in his body, his back and around his neck.” As he attempted to flee to the back seat of the car, Mageau said the gunman “kept shooting” him “again and again.”

Mageau stated that the suspect then shot Darlene Ferrin “again and again” before walking back to his own vehicle. Mageau cried out, causing the suspect to return and shoot Mageau “two more times, once in the back and once in the left leg.” The suspect then shot Darlene “twice more” and then “casually walked back to his vehicle and got in.”

The first shot, which caused pain in Mageau’s back and neck, entered the right side of his neck just below his right ear, traveled through his jaw and exited from his left cheek. This shot was fired from a position directly behind Mageau and to his right.

The shot, and the wound it instantly caused, would have been sufficient to diminish Mageau’s ability to hear. Mageau’s position inside the vehicle may have made it difficult for him to hear the shots fired outside the vehicle, especially after he moved to the back seat. The chaos and fear created by the sudden attack could have added to Mageau’s inability to recall every shot or aspect of the event. Mageau later admitted to reporters that his memory of the shooting was more an impression than an accurate account of the crime.

These combined factors cast doubt on Mageau’s statements concerning a “silencer,” but the statements of one witness prove that Mageau, like so many victims traumatized by violent crime, was mistaken.

George Bryant lived with his father, a groundskeeper, in a small house located in Blue Rock Springs Park, not far from the scene of the shooting. On the night of the crime, Bryant was lying in his bed, unable to sleep. According to his statements to police, he “reversed the pillow on his bed and laid on his stomach and looked out the window.”

Bryant told police that he “could hear laughing and a few firecrackers but he couldn’t see anybody.” At approximately midnight, Bryant “heard what appeared to be a gunshot.” The police report notes Bryant’s comment that the gunshot“was much louder than any of the firecrackers.”

A brief pause followed the first sound, and then Bryant stated he “heard what appeared to be another gunshot.” After another “short pause,” Bryant said he “heard rapid fire of what appeared to be gunshots.” He then heard the sound of a car leaving the scene at a high rate of speed.

When compared with the statements given by Mageau, it seems clear that George Bryant heard the gunfire that wounded Mageau and killed Darlene Ferrin. Bryant stated that he heard gunshots at the exact time the shooting occurred. The distance between the scene of the shooting and Bryant’s bedroom window is such that he would not have been able to hear the sound of a silencer but could easily have heard the sound of a 9mm pistol firing several times, and distinguish between those sounds and the sounds of the firecrackers he had heard earlier.

Bryant said that he also heard laughter at the same time he heard the firecrackers. In his interview with police, Mageau said that three cars pulled into the parking lot shortly before the shooting occurred. Mageau said he heard “some laughing and carrying on and a few firecrackers were set off” before the three vehicles drove away.

George Bryant said he heard one gunshot, then, after a brief pause, he had heard another. He said this second shot was followed by another pause and then rapid gunfire. Mageau told police that he “heard a muffled sound” and then felt pain. He then “heard some more muffled sounds” and felt more pain. According to Mageau, the suspect then fired at Darlene several times, walked away, returned, and fired several more shots into the vehicle.

Both Bryant and Mageau provided similar accounts: A sound, a pause, a sound, a second pause, and then several more sounds.

Mageau said the sounds were muffled. Bryant said he heard what appeared to be gunshots that were louder than the same firecrackers both he and Mageau had heard. Mageau was sitting in the car with the radio playing when he was surprised, and instantly shot in the neck by a man holding a gun near Mageau’s ear. Bryant was lying on his bed in a quiet room listening to the sounds outside his window. The event left Mageau severely traumatized; Bryant calmly reported to police what he was able to remember less than 24 hours after the shooting occurred.

Mageau’s wounds, the proximity of the weapon, his position in the car, the sound of the radio and the surprise element of the attack indicate that Mageau’s ability to accurately recall the shooting is less than reliable. Bryant’s timing of the gunshots, the mention of laughter and fireworks before the shooting in corroboration with Mageau’s statements, the sequence of the shots, Bryant’s proximity to the shooting, his ability to distinguish between firecrackers and gunshots, and the fact that he was not directly involved in the shooting or confused at the time, indicate Bryant’s recall of the events of that night is more accurate than the account provided by Mageau.

The Zodiac did not use a silencer at Lake Berryessa, despite the fact that he was committing a crime in daylight at a scene frequented by other people. It would seem unlikely that he would therefore choose to utilize a silencer while committing a crime at a quiet lovers’ lane area at midnight.

Michael Mageau’s memory of muffled sounds is understandable given the circumstances, but the statements of George Bryant and the evidence indicate that the Zodiac did not use a silencer during the shooting at Blue Rock Springs Park.

Director David Fincher explained his use of a silencer in his recreation of the crime and said that the silencer was “in the police reports.” The actual reports simply repeated Mageau’s original statements that the shots sounded somehow muffled, as if the killer had used a silencer, however the same reports also stated that a witness, George Bryant had heard the shots that night. Fincher justified the use of a silencer and said that, while some witnesses had reported hearing gunshots, other witnesses had heard firecrackers which may have been mistaken for gunshots. Bryant told police that he had heard the sound of firecrackers prior the shooting, and that he then heard the sound of gun shots. With the exception of Michael Mageau, Bryant was the only witness who claimed to have heard firecrackers, and he was the only witness who said he had heard the shots. Fincher’s comments are curiously unfounded, and his attempt to justify the inclusion of the silencer may be a minor issue but serves as an example of the overall apathetic view taken when addressing the factual nature of the film.

Continue With The ZODIAC Movie: Fact vs. Fincher

Darlene Ferrin – MYTHS: The Beginning

Darlene Ferrin Myths: The Beginning

On the night of July 4, 1969, Darlene Ferrin and her friend Michael Mageau were both shot while sitting in a parked car at Blue Rock Springs Park in Vallejo, California. Michael Mageau told police that the gunman had simply driven into the parking lot, exited his vehicle and then began firing a gun at Michael and Darlene. Both victims were transported to the hospital but Darlene died on arrival at 12:38 AM. Two minutes later, the Vallejo Police Department received a phone call which was answered by police dispatcher Nancy Slover. The caller said, “I want to report a murder. If you will go one-mile east on Columbus Parkway, you will find kids in a brown car. They were shot with a nine-millimeter Luger. I also killed those kids last year. Goodbye.

During the hours, weeks and months after the shooting, Vallejo police worked with investigators assigned to the double murder on Lake Herman Road. They found no evidence that any of the victims had known each other and no evidence that any of the victims had known the killer. Vallejo police assigned to the Ferrin murder investigation interviewed many of the people who had known Darlene, including her family, friends, co-workers, employers, acquaintences and others. As part of standard investigative procedure, police asked if there was anyone who had bothered Darlene or had reason to harm her. None of the individuals who were interviewed provided any information which would indicate that Darlene had known her killer or that anyone had been bothering or stalking her before the murder. Darlene’s sisters, Pam and Linda, were both interviewed and neither provided any information to indicate that Darlene was afraid of anyone, that she had been stalked, that she had witnessed a murder, that she had known any of the Zodiac victims, or that she was part of a satanic cult. However, years later, Pam and Linda both told such wild tales when interviewed by reporters, psychics and television crews. No one who had known Darlene Ferrin could think of anyone who had bothered or stalked her or anyone who would want to kill her. The only individual who was described as a possible suspect was George Waters, who had apparently bothered Darlene while she worked as a waitress. Police interviewed George, who denied any involvement in Darlene’s murder. Police investigated and determined that George was not a viable suspect, yet the stories about George would later be transformed by others in order to create the myths about Darlene’s mysterious and murderous stalker.

The evidence indicated that Darlene did not know her killer and that she was the victim of a random attack, yet Darlene’s sisters and others were eager to become part of the story which had captivated the Bay Area. Joseph Delouise, a well-known psychic, contacted Darlene’s mother. Convinced that police had failed to pursue the leads provided by Delouise and Darlene’s family, Delouise’s West Coast Representative Christopher Harris persuaded Vallejo Mayor Florence Douglas to attend a press conference in Los Angeles at the Statler Hilton Hotel. Douglas was a candidate struggling to win the Democratic nomination in the Governor’s race against incumbent Ronald Reagan. To her critics, the event seemed to be nothing more than the kind of grandstanding typical in an election year. “I believe some clues were overlooked in the murder of Darlene Ferrin,” Douglas told reporters. The campaigning mayor did not believe that Ferrin was the victim of a random act of violence but the deliberate target of a killer she may have known. Douglas denounced the Vallejo police investigation and called for a new examination of the case.

Christopher Harris addressed the crowd and criticized the Vallejo police. “I observed while in Vallejo that the police disregarded the ridiculous,” he said. “I am now a firm believer that in the ridiculous, especially in the case of Darlene Ferrin, lies a storehouse of clues. The police should have done a complete character sketch of Darlene Ferrin. There are too many questions into her death that have not been properly tied down.” Harris was apparently unaware of the fact that police had thoroughly investigated any and all leads, including information provided by Darlene’s family.

Harris also stunned reporters with a baffling revelation. During her visit with psychic Joseph Delouise, Darlene’s mother claimed that her daughter had exhibited her own ability to accurately predict the future. Mrs. Suennen told Delouise that Darlene had made a cryptic remark just hours before she died, “You might read about me in the papers tomorrow.” Darlene’s mother had not mentioned this potentially important information during any of her conversations with police, yet, according to Harris, she only shared this secret with a psychic months after the murder. The episode created a minor controversy, but the allegations regarding apathetic police and the mysterious secrets of Darlene Ferrin had a lasting impact.

Read the Christopher Harris letters and other material at the ZodiacKillerFacts Document Gallery. ]

In November 1969…

In November 1969, the Zodiac mailed one of his most baffling clues and a letter including one of his most controversial claims. The killer sent a greeting card along with his second cipher consisting of 340 symbols. In his next communication, the Zodiac wrote that he was angered by the “lies” told by police who claimed that he had left fingerprints at the crime scene and had been seen by witnesses. The Zodiac announced that he would change his “way of collecting slaves” and disguise his future murders as routine robberies, accidents and other random crimes. The killer also claimed that San Francisco police had stopped him near the scene of his last murder but had inexplicably allowed him to escape justice. Two new blog entires examine the Zodiac’s November 1969 communications: ZODIAC HISTORY: Shadows and Fog examines the Zodiac’s claims and The 340 CIPHER: Dead Ends examines some of the solutions offered by amateur code breakers.

THE 340 CIPHER: Dead Ends

In November 1969, the Zodiac mailed his second cipher consisting of 340 symbols. Experts and amateur code breakers struggled with the cipher but repeatedly failed to find its hidden message. Over the decades, many people claimed to have solved the cipher but, to date, no one has produced a coherent and credible solution.

 

 

In his book Zodiac, Robert Graysmith claimed that he had solved the Zodiac’s “340 Cipher.” Graysmith’s claims as a code breaker earned him some local publicity in 1979, but his solution seemed rather incoherent.

 

HERB CAEN I GIVE THEM

HELL TOO BLAST THESE

LIES SLEUTH SHEOLH

SEE A NAME BELOW KILL-

LEERS FILM A PILLS GA-

ME PARDON ME AGCEPT T-

O BLAST NE BULLSHIE

HESE FOOLS SHALL ME-

ET KILLER PLEAS ASK

LUNBLAD SOLE AT PLSD

UL CLEAR IT LAKE IT SO

STARE I EAT A PILLLL

ASSHOLLE I PLANT MR

AH PHANE LAKE B ALLL

SLAVES BECAUSE DEAL

WILLL STOLEN EITHE-

R LATE TEA SPALL I HE-

LL SLASH TOSCHI THE

PIG M STALLS A O DEAL

C EIGHTH SOLE M SLAIN

 

The solution offered in Zodiac was an alteration of a version first presented by Graysmith in the late 1970s. The FBI files included an early version of Graysmith’s proposed solution:

 

Herb Caen: I give them hell too

to dead hell is a clue.

there some see a name below

a killer’s game is pills parole

me. Cops met to talk to me.

Such time. These fools helpd me.

Mad killer places a mask.

Bull S.

Alone pleasured I’d like to kill.

Scared I eat a pilll.

Asshole I plan to harm phone ask.

CB sells slaves because all

collection either please to lie in hell.

He’s me. Toschi the pig leads me.

Collects eighth some mail KT

 

Some people may have believed that Graysmith had deciphered the code, but the FBI was not impressed. On February 15, 1979, San Francisco police forwarded Graysmith’s solution, his worksheets and his code key to the FBI, and the Bureau reported its conclusions.

Based upon the information available, it is the opinion of respondent that the solution is not a valid decryption… The total feeling generated toward the decrypted solution is that the solution has been forced. First the random-like transposition system permitted the various vowels and consonants to be forced into words, then the words were forced into being poetry in an effort to give them meaning. Just about any random selection of words could be arranged to be as ‘logical’ as those in the supposed poetic solution. (It is noted that the initial ZODIAC decrypted message was particularly clear as to the meaning ZODIAC desired to communicate.) When a cryptogram has been decrypted properly there is an unmistakable sense of rightness about the solution. This sense of rightness is completely absent in the proposed solution.

Graysmith later altered portions of this solution and included the second version in his first book. Graysmith also claimed that his solution was confirmed by Greg Mellen and Eugene Waltz, both prominent members of the American Cryptogram Association. (Repeated requests for confirmation have been ignored by the ACA and no one at the organization appears willing to confirm Graysmith’s claim.)

The files of the Vallejo Police Department included one proposed partial solution to the 340 cipher which read:

You are getting closer than ever too catching me only I cannot arrange to meet with names no sir I to am through playing have a news tv or radio station tune to kgo tv at ten after seven am go to one or more at ot al of one that came to gather or meet with me

 

 

During an interview for the History Channel’s 2009 documentary series MYSTERYQUEST, FBI code analyst Dan Olson speculated that some lines of the 340 cipher were meaningless filler while the relevant portions were buried inside other lines.

 

 

Olson also suggested that rearrangement of the cipher lines might be necessary in order to find the solution.

 

In June 2011, a man named Corey Starliper claimed that he had solved the 340 cipher and that the solution identified long-time suspect Arthur Leigh Allen as the Zodiac. Starliper was the center of attention for a brief period as the media repeated his sensational claims without question or scrutiny. The so-called “Starliper solution” spread across the Internet and the world. Starliper’s solution read:

 

KILL/SLF/DR/HELP/ME/KILL/MYSELF/GAS/CHAMBER

/AEIOUR/DAYS/QUESTIONSABLE/EVERYY/WAKING

/MOMENT/IM/ALIVE/MY/PRIDE/LOST/I/CANT/GO

/ON/LIVING/IN/THIS/WAY/KILLING/PEOPLE/I/HAV/KILLD

/SO/MANY/PEOPLE/CANT/HELP/MYSELF/IM/SO/ANGRY

/I/COULD/DO/MY/THING/IM/ALONE/IN/THIS/WORLD

/MY/WHOLE/LIFE/FUL/O/LIES/IM/UNABLE/TO/STOP

/BY/THE/TIME/YOU/SOLVE/THIS/I/WILL/HAV/KILLD

/ELEVEN/PEOPLE/PLEASE/HELP/ME/STOP/KILLING/PEOPLE

/PLEASE/MY/NAME/IS/LEIGH/ALLEN/

 

Starliper stated that he first became interested in the Zodiac case after seeing the 2007 film ZODIAC and reading the book version by Robert Graysmith. “I saw the movie first, and when I saw the movie, (I had) instant interest in it… When I read the book, I was … just hungry for more when the book ended… I became absolutely obsessed with the case, to the point that I’d look up from Graysmith’s books … and realize that I’d actually forgotten to eat.” The book and the film ZODIAC both presented a distorted and factually inaccurate account of the case which has been altered and embellished in order to lend credence to Graysmith’s theories while making Arthur Leigh Allen appear more guilty than the truth would permit. Starliper was admittedly influenced and inspired by the book and film, and his comments about the case, the evidence, Allen, and other subjects proved that he had relied on these unreliable sources for most of his information about the case.

Starliper’s solution was debunked on this website and others, and some media reports questioned his methods and results. Starliper became defensive and even threatened those who dared to dismiss his claims. In an article titled “Proposed Zodiac 340 Solution Comes Under Fire,” Starliper was quoted as saying, “I believe there is enough evidence to suggest that my solution is valid. However, it really is anyone’s guess … For all anybody knows, (the Zodiac’s) code could be the alphabet repeated 30 times over.” On his Facebook page, Starliper confessed, “The solution may be incorrect but its just as valid as anyone else’s guess.” Dave Oranchak’s website ZodiacKillerCiphers.com featured an article which debunked Starliper’s solution. Oranchak wrote, “His solution is a hoax . . . Corey’s system allows him great freedom to guess words that fit his preconceived notions of the Zodiac case. His guesses are no better than any one else’s guesses, and his solution has no significance.”

Starliper’s methods and results highlighted the persistent problem with the many proposed solutions offered by Graysmith and others. Using preconceived notions, Donald and Bettye Harden unlocked the Zodiac’s first cipher. The Hardens assumed that the killer’s ego would dictate that the message began with the word “I,” and, that the killer’s need to brag about his crimes would dictate that the message also included the word “kill.” These assumptions proved correct, and the Harden’s produced a clear and coherent solution which began, “I like killing people because it is so much fun.” Experts confirmed the accuracy of the Harden solution and the deciphered message is generally accepted as valid. The Hardens based their assumption on basic facts about the killer’s letters and they produced a message which contained clear sentences of coherent text. The methods used could be verified and duplicated by others, and, the solution was did not appear forced. Robert Graysmith, Corey Starliper and many others had proposed solutions for the 340 cipher which appeared forced to fit several preconceived assumptions about the killer and his identity. Those assumptions were not based on fact and the results were not sound. As the FBI analyst noted, “just about any random selection of words could be arranged to be as ‘logical’” when using such methods. The Harden’s were successful in deciphering the Zodiac’s cipher because their method relied on the basic facts and common sense.

The 340 cipher has been the subject of debate, scrutiny and controversy for more than four decades. To date, no one has deciphered the hidden message. Computer programmer David Oranchak developed the “Zodiac web toy,” a cryptography website where visitors can use a program designed to test their own solutions. The Zodiac’s first cipher was solved by determined amateur code breakers in search of the truth. Perhaps another dedicated amateur will someday unlock the mysteries of the Zodiac’s 340 symbol cipher.

 

RELATED LINKS:

The FBI FILES: 1979 – Graysmith’s 340 Solution

Dave Oranchak’s Zodiac Webtoy

ZodiacKillerCiphers.com – Attacking the 340 using genetic programming 

Proposed 340 Cipher Solutions

Harden Worksheets: Page 1Page 2Page 3

 

_______________

 

Copyright 2013 ZodiacKillerFacts.com

RIVERSIDE ACTIVITY: Unsolved Mysteries

The murder of Cheri Jo Bates remains one of the most controversial chapters in the history of the Zodiac mystery. Bates was murdered near the Riverside City College library on the night of October 30, 1966. One month later, someone mailed an envelope to the Riverside Press-Enterprise newspaper which contained a letter titled “The Confession.” The writer described the murder and claimed responsibility for the crime. Police believed that the killer was the author of the confession letter. Six months after the murder, three virtually identical handwritten letters were sent to the newspaper, Riverside police and the father of Cheri Jo Bates. The text read, “Bates had to die. There will be more.” (The letter to Mr. Bates began, “She had to die…”) Each of these letters featured a small symbol at the bottom of the page which appeared similar to the letter “Z.”

In October 1969, the Zodiac crimes were widely reported in the news and eventually the Riverside Police Department noted similarities to the unsolved Bates case. Chief Thomas Kinkead contacted Special Agent Mel Nicolai at the California Department of Justice, who assisted the various law enforcement agencies involved in the Zodiac investigation. Kinkead shared the details regarding the Bates murder and Nicolai directed the chief to the Napa County Sheriff’s Office. Kinkead spoke to Sheriff Earl Randoll by telephone on October 17, 1969. Kinkead then sent a letter which provided the basic facts regarding the Bates murder and the written communications from someone who claimed to be the killer. Kinkead’s letter read in part:

There are numerous similarities in your homicide and our Inv. 352-481. I thought you should be aware that we are working a similar type homicide investigation. If you are able to determine by handwriting comparison or by any other means that your homicide suspect is the same as ours, please advice. I will notify you of the results in comparing your latent lifts with ours as soon as I hear from the FBI. I hope this information may aid in your investigation. Please be assured of our complete cooperation in all matters of mutual interest.”

Fingerprints related to the Bates case were compared to the fingerprints related to the Zodiac investigation but no match was found. However, the prints in both cases did not represent every part of every finger on both hands so the possibility existed that the prints could not be matched at all. Despite the apparent lack of a connection between the fingerprint evidence, the various law enforcement agencies strongly believed that the Zodiac may have killed Bates. Questioned Document Examiner Sherwood Morrill concluded that the Zodiac was responsible for writings attributed to the Bates killer as well as a morbid poem etched into a desk discovered in the Riverside City College library. Morrill’s conclusion would be supported and challenged by other experts in later years, but many people believed that the Zodiac was the most likely suspect in the Bates murder.

Cheri Jo Bates and the note she left for her father.

THE RIVERSIDE CONNECTION

In November 1970, the San Francisco Chronicle published a story by reporter Paul Avery which revealed the possible connection between the Zodiac killer and the Bates murder. The so-called “Riverside connection” was widely reported and, although some members of the RPD expressed skepticism or doubt about the connection, the department’s communications with the FBI and other agencies indicated an interest in this theory. In later years, Riverside authorities abandoned the suspected connection between the Bates murder and the Zodiac crimes in favor of the theory that Bates was killed by someone she had known. The department dedicated its time and resources to this theory and denied that their case was connected to the Zodiac. On May 20, 1982, the Riverside Police Department issued a press release which read in part:

In November of 1981, new information came to light which resulted in the assignment of four investigators to work full time on this case. These investigators recontacted numerous persons who were either known the victim or were known to associate with an individual we believe responsible for this crime. Current past known associates have been interviewed in depth. All of the physical evidence related to this crime has been re-evaluated and some instances forensically examined… The alleged connection with the “Zodiac” by certain media and inquisitive individuals was anticipated when a decision was made to release this information. The showing of very old composites and the review of previously examined cryptic writings by some of the media, have resulted in considerable interest by the rest of the media whose knowledge of the “Zodiac” is based on out-dated information linking this investigation with those referred to as “Zodiac” cases. Speculation and creative reporting of this kind could conceivably hamper successful prosecution. The person we believe responsible for the slaying of Cheri Jo Bates is not the individual other law enforcement authorities believe responsible for the so called “Zodiac” killings.

The Riverside Police Department blamed “the media” and “inquisitive individuals” for the notion of a connection between the Zodiac killer and the Bates murder. The RPD press release did not mention the fact that the department had previously informed the Department of Justice, the FBI and other agencies that the RPD believed there could be a connection between the Zodiac killer and the Bates murder. In fact, no one had suggested such a connection existed until the Riverside Police Department contacted the Department of Justice in 1969. The DOJ then issued a report, based in part on the information provided by the RPD, which included the Bates murder as a possible Zodiac crime.

In 1999, Riverside police hoped to solve the Bates murder and end speculation of a possible Zodiac connection. Investigators obtained samples from their suspect for DNA comparisons with evidence found at the scene of the crime. Riverside police sent requests to the FBI and the Department of Justice for assistance. These documents revealed the results of forensic tests.

DOJ / FBI – Submission by Riverside Police Department – 4-1-99

Victim murdered at City College, died of multiple stab wounds to neck. Possible forged letter by Zodiac claiming responsibility for homicide. Suspect hair removed from victim’s hand at autopsy. DNA extracted from hair. Whole blood sample taken from suspect.

The document also specified the evidence as “mitochondrial” DNA discovered in the “Hair from blood clot found at base of Cheri Jo Bates’ right thumb.” Samples taken from the suspect were then compared with this evidence and the results were reported in a subsequent FBI document dated June 21, 1999.

The four (4) brown Caucasian head hair fragments found in specimen Q1 are microscopically dissimilar to hairs in the submitted known head hair sample (K3). Accordingly, these hairs could not be associated to CHERI JO BATES, the identified source of the K3 hairs. These hairs have been preserved on a glass microscope slide for possible future comparisons. No hairs microscopically dissimilar to hairs in the submitted known head hair sample from the victim (K3) were found on the Q4 glass microscope slide. No other hair and fiber examinations were conducted.

Further information was reported by the Bureau on March 13, 2000:

Results of examinations: A mitochondrial DNA (mt DNA) sequence was obtained from the Q1.1 hair from the blood clot at the base of CHERI JO BATES’ right thumb and the K1 blood sample from [REDACTED] (positions 73-340). The mtDNA sequence obtained from specimen Q1.1 is different from the mtDNA sequence obtained from specimen K1. Therefore, [name REDACTED] can be eliminated as the source of the Q1.1 hair. There was insufficient mtDNA present for a mtDNA sequence to be obtained from K3.1 and K3.2 head hairs from CHERI JO BATES. No other mtDNA examinations were conducted.

Riverside investigators had hoped that the DNA comparison would finally link the suspect to the Bates murder, but the results proved that the suspect was “eliminated as the source” of the hair found in the hand of the victim. Some sources had claimed that other damning evidence had implicated the RPD suspect in the murder of Cheri Jo Bates. All of the so-called “evidence” consisted of stories told by individuals who did not report this seemingly-important information to authorities at the time of the original investigation. According to some sources, these witnesses also submitted to polygraph examinations and the results were either inconclusive or indicated some degree of deception. The lack of credible and substantial evidence implicating the suspect in the crime seemed even more troubling after the DNA a comparison had excluded the suspect. The exclusionary evidence was obtained from the hairs found on the victim’s hand, a strong indication that the hair belonged to the killer. This hair was not similar to the hair of the RPD suspect and the DNA testing proved that the hair did not belong to him. Common sense, logic, the facts and the evidence indicated that the RPD suspect did not kill Cheri Jo Bates and, instead, pointed to other potential suspects and an alternate theory of the crime.

Cheri Jo Bates sits at a desk in the Riverside City College library.

THE REST OF THE STORY

I made my first trip to Riverside in January, 1999, before the RPD conducted the DNA comparisons. I contacted Steve Shumway, the detective then in charge of the case, and stated the purpose of my inquiry. Shumway replied, “Is this the same Michael Butterfield who wrote this article I have in front of me?” He then said, (paraphrase), “You’re taking some pretty tough shots at us here.” I did my best to explain my position on the issues but the detective was clearly not interested in discussing any possible link between the Zodiac and the Bates murder.

At the time, rumors had circulated that the department was developing a strong case against their favored suspect, a man identified on the Internet by the name of “Bob Barnett,” who was first identified as a suspect in 1968. According to the police version of events, Barnett had dated Bates in the weeks before her death. Barnett himself denied that he had ever dated Bates at all. Police sources claimed that Barnett had fought with the victim in public and even slapped Bates across the face in front of witnesses. Further, on the night of the murder, Barnett purportedly told others, “That bitch is going to the library.” Bates was killed near the Riverside City College library on the same night.

According to some sources, unidentified witnesses allegedly told police that Barnett had confessed to killing Bates, and, one witness allegedly claimed that he had visited the crime scene with Barnett on the night of the murder. Other rumors linked Barnett to a watch which was similar to the one found at the crime scene and the military boot prints found near the victim’s body. Despite this seemingly damning evidence against Barnett, police never filed charges against Barnett, and the reason may have been simple– the evidence and witnesses were questionable, at best.

During our conversation, Detective Shumway claimed that Cheri Jo Bates was the victim of a “rage-killing” and had been killed by someone she had known. To support that theory of the crime, Shumway claimed that Bates had been stabbed as many as forty-two times. This scenario was disturbing, for a variety of reasons. If the detective’s claim was true, the RPD had managed to withhold those details over decades. The savagery and overkill attributed to the Bates killer was not compatible with the Zodiac crimes. The Zodiac did not engage in acts of overkill or torture and his behavior indicated that he did not inflict wounds in order to satisfy a sadistic appetite. That fact would suggest that the Zodiac was not responsible for the Bates murder but the RPD never mentioned this during the many years spent denying any connection existed. If Bates had been stabbed over forty times, that fact did not necessarily indicate that she had known the killer– many killers have inflicted such violence on victims they did not know prior to the moment of the attack.

After my trip to Riverside, the report detailing the autopsy of Cheri Jo Bates surfaced on the Internet. The report clearly refuted the scenario that Bates had been stabbed as many as forty-two times. The report indicated that the actual number of stab wounds was far less than forty-two, and, despite the violence unleashed on the victim, the notion that the murder was an act of personal rage by someone who had known Bates was not supported by the facts. The theory endorsed by the Riverside police no longer seemed plausible. In fact, the autopsy report did more to support the version of the crime as described in the anonymous “confession” letter.

In its communications to the Department of Justice and the FBI in 1999, the Riverside Police Department referred to a “possible forged letter by Zodiac claiming responsibility for homicide.” The wording appears to make a clear distinction between a Zodiac “hoax” letter and a letter written by the Zodiac. The word “forged” indicates that the RPD believed that the Zodiac had written the “confession” letter and other writings to claim responsibility for a crime he did not commit. In this RPD scenario, Barnett had killed Bates but the Zodiac wrote to declare that he had done so. Ironically, the author of the confession wrote that Bates had dismissed him for “years,” thereby implicating someone who had known Bates just as the RPD later believed.

In its 1982 press release, the RPD complained that the media and other “inquisitive individuals” had incorrectly linked the Zodiac to the investigation of the Bates murder. According to the RPD, those who claimed a connection existed between the two cases had based their conclusions on “out-dated information”. However, the wording of the 1999 FBI/DOJ document indicates that the RPD believed the Zodiac was responsible for the “confession” letter and other “cryptic writings” associated with the Bates case. If correct, that conclusion clearly demonstrated a substantial link between the Zodiac and the Bates case, even if the Zodiac did not kill Bates. In 1966, the RPD concluded that the author of the “confession” letter possessed knowledge of the Bates murder which was known only to the killer. In 1999, the RPD appeared to concede that the Zodiac may have written the “confession.” Even if the Zodiac did not kill Bates, his interest in the case and his apparent access to sufficient information needed to “forge” a convincing “confession” would undoubtedly be of interest to anyone investigating either of the two cases. If the Zodiac did send the Riverside writings, forensic testing of those documents could produce evidence which could identify the Zodiac. The fact that one of the most notorious serial killers in modern American history apparently began his career by mailing letters claiming responsibility for the Bates murder would strongly suggest that a thorough investigation would explore the potential connections between the Bates murder and the Zodiac killer.

SIGNS OF THE ZODIAC

At the time of the original Zodiac investigation, Special Agent Nicolai prepared a report for the Department of Justice which included information about the crimes linked to the Zodiac. The Bates case was cited along with the other four known attacks in the San Francisco Bay Area. The DOJ report referred to the writings related to the Bates murder.

Suspect mailed typewritten confession letter from Riverside to the Police Department and Riverside Enterprise newspaper on November 29th, 1966, claiming to the perpetrator of the crime. Three additional handprinted letters were mailed in Riverside by the suspect on April 30th, 1967, again claiming the Bates homicide and indicating there would be more.”

After the Bates murder, Riverside police, the local newspaper and Bates’ father received three virtually identical handwritten letters in April 1967. The Zodiac’s first written attempt to communicate consisted of three virtually identical handwritten letters mailed in July, 1969. The author of the Riverside “Confession” wrote, “SHE SQUIRMED AND SHOOK AS I CHOAKED HER, AND HER LIPS TWICHED.” In his letter of July 26, 1970, the Zodiac wrote: “Some I shall tie over ant hills and watch them scream + twich and squirm.” Theories regarding a possible link between the Zodiac and Bates crimes did not appear in news reports until three month after the Zodiac had misspelled the same word in the same manner as the author of the “Confession.”

Similarities in handwriting also indicated that one person may have been responsible for the Riverside writings and the Zodiac communications. Sherwood Morrill’s conclusion may have been refuted by other experts, but Questioned Document Examiner John Shimoda contradicted Morrill’s opinion only to reverse himself and conclude that the Zodiac may have written the Bates communications. Then, an FBI expert also concluded that the same person was most likely responsible for the Bates and Zodiac writings.

In his letter to Napa investigators, RPD Chief Kinkead wrote: “The person who wrote the confession is aware of facts about the homicide that only the killer would know. There is no doubt that the person who wrote the confession letter is our homicide suspect.” The letter was clear: the RPD had “no doubt” that the killer wrote the confession. The facts known only to the killer purportedly included the references in the confession to the tampering of the victim’s car. Some skeptics have argued that these details were available in newspaper accounts published after the murder and that some unknown individual used that information in a morbid hoax. However, this argument assumed that someone had taken the time to carefully craft a clever and detailed hoax when the simplest explanation was that the “confession” was written by the killer.

Some skeptics speculated that the “Confession” may have been written by the someone who wished to deflect suspicion from an individual who had known the victim. However, the author of the “Confession” clearly stated that the murder was his way of “MAKING HER PAY FOR THE BRUSH OFFS THAT SHE HAD GIVEN ME DURING THE YEARS PRIOR.” Rather than lead authorities to a stranger, the author directed them straight to a rejected suitor, a jilted lover, an angry acquaintance or even an obsessive friend who had known the victim for “years.” A suspect who wished to re-direct the investigation would logically attempt to implicate a stranger rather than those who knew the victim. Investigators who believed that Bates knew the killer would undoubtedly investigate those who had known Bates, including the author of the confession. A stranger who wished to mis-direct the investigation would implicate someone who had known the victim, knowing full well that the investigators would never be on the right track as long as they searched for a connection between the victim and the killer.

If Bates was not killed by someone she had known, then the Zodiac, or someone very much like him, remained the most likely suspect. Handwritings experts concluded that the Zodiac was responsible for the Riverside writings, but logic also pointed to the Zodiac for other reasons. The attention to anniversaries was consistent in both the Riverside writings and the Zodiac communications. The confession letter was sent approximately one month after the murder of Cheri Jo Bates. The three other letters were mailed approximately six months after the crime. The Zodiac mailed a letter on the one year anniversary of the murders on Lake Herman Road. The Riverside writer sent three handwritten letters at the same time and so did the Zodiac. Print impressions of a military-style boot were found at the scene of the Bates murder, and military-style boot prints were also found at the scene of the Zodiac attack at Lake Berryessa. The person who killed Bates tampered with her car. The Zodiac claimed he was responsible for the abduction of Kathleen Johns, and the suspect in that crime had also tampered with the victim’s car. The person who killed Bates had apparently used a ruse and/or lie to lure the victim. The Zodiac had used a ruse in the Berryessa attack and the murder of the cab driver. The person who abducted Johns had also used a ruse. The author of the confession letter claimed that he had placed a telephone call to authorities. The Zodiac called local police after two of his attacks. The author of the confession letter mailed his communications to both the police and a local newspaper. The Zodiac contacted police by phone and sent letters to newspapers. The first Riverside communication, the confession letter, included a puzzle for a byline, “By _________________,” as if readers were supposed to fill in the blanks with the identity of the author. The Zodiac’s first communications included a puzzle in the form of a coded message which purportedly contained the identity of the author. Both writers warned of future attacks and expressed a desire to see their writings published.

PAST AS PROLOGUE

History has repeatedly demonstrated that many infamous killers have been linked to earlier crimes. Robert Yates was convicted of murdering several women in Spokane, Washington, but he had also killed a young couple many years earlier. Arthur Shawcross murdered many women near Rochester, New York, but he had also killed a young boy many years earlier. Dennis Rader murdered two children and their parents years before he sexually assaulted and killed several women as the “BTK” strangler. Authorities had developed their own suspects in the family slayings but a letter from “BTK” claimed responsibility for the crime. Investigators initially dismissed and resisted the possibility that the “BTK” strangler was responsible for killing the family but eventually acknowledged the connection between the two cases. The murder of another suspected BTK victim was initially linked to the killer but expert profilers were certain that he was not responsible for that crime. Years later, BTK sent an envelope which contained photographs he had taken while killing the same victim.

On March 13, 1971, the Zodiac sent a letter to The Los Angeles Times which referred to the Bates murder: “I do have to give them credit for stumbling across my riverside activity, but they are only finding the easy ones, there are a hell of a lot more down there.” The use of the word “easy” implied that the Zodiac believed his connection to the Bates murder and related writings was obvious. The handwriting similarities led some experts to conclude that the Zodiac was responsible for the Riverside writings, and, Riverside police seemed to confirm this conclusion when referring to the same material as a “possible forged letter by Zodiac“. For whatever reason, the Zodiac chose to confirm his connection to the Bates murder. Some skeptics choose to dismiss the Zodiac/Bates connection as the dishonest boast of an egomaniacal serial killer eager to take credit for crimes he did not commit while exaggerating his body count. The alternative scenario dictates that the Zodiac was telling the truth.

At the time of the Zodiac crimes, news reports linked the killer to the murders of two young girls but the Zodiac did not claim credit for that crime. Media stories also linked the Zodiac to the murder of a San Francisco police officer but the Zodiac did not claim credit for that killing. In fact, the Zodiac only communicated to confirm his connection to two crimes linked to him by the media– the Bates and Johns cases. A killer who wanted to exaggerate the number of his victims could easily achieve that goal by taking advantage of the many opportunities provided by media speculation.

The Zodiac was linked to many murders but he only claimed credit for six specific crimes:

1) the murder of Cheri Jo Bates in Riverside, CA: 10/30/66

2) the murders of Betty Lou Jensen & David Faraday near Benicia, CA: 12/20/68

3) the murder of Darlene Ferrin & wounding of Michael Mageau in Vallejo, CA: 7/4/69

4) the murder of Cecelia Shepard & wounding of Bryan Hartnell at Lake Berryessa, CA: 9/27/69

5) the murder of Paul Stine in San Francisco, CA: 10/11/69

6) the alleged abduction of Kathleen Johns near Patterson, CA: 3/22/70

A killer who wished to falsely inflate his body count also risked being discredited if he claimed responsibility for a crime he did not commit and then that case was subsequently solved. Media reports suggested that the Zodiac was responsible for the murder of two young girls but police arrested another suspect in that case. More media speculation linked the Zodiac to the murder of a police officer but authorities identified another suspect in that case. In fact, the Zodiac claimed that he was responsible for six specific crimes and all six of those crimes remain unsolved. If he did lie about his connection to those six crimes, the Zodiac had remarkable luck when selecting those crimes for which he would falsely claim credit. The Zodiac claimed responsibility for those six specific crimes and those six crimes remain unsolved. That fact, when weighed with the other evidence, serves as good reason to believe that the Zodiac may have been responsible for those crimes.

Over the years, the RPD strongly denied any connection between the Bates murder and the Zodiac killer. The RPD was always in a difficult position: If the Zodiac was responsible for the Bates murder, then the failure to solve that case left the killer free to commit the subsequent Zodiac crimes. If the Zodiac did not kill Bates, then the RPD had seemingly wasted time and resources on the continued pursuit of that theory during the earlier years of the investigation. The Riverside Police Department complained about the “speculation and creative reporting” which linked the Zodiac and Bates cases but ignored the obvious and undeniable irony. The Riverside Police Department first suggested that a connection existed between the Bates murder and the Zodiac crimes, and, ironically, the department then spent years running from its creation.

The murder of Cheri Jo Bates remains unsolved. Unless the RPD is withholding other evidence which proves that there is no connection between the Bates murder and the Zodiac crimes, the evidence indicates that the Zodiac may be the most logical suspect. The Zodiac claimed that he was responsible for the Bates murder as well as five other events– the murders on Lake Herman Road, the shootings at Blue Rock Springs Park, the stabbings at Lake Berryessa, the killing of a cab driver in San Francisco and the abduction of Kathleen Johns. Like the Bates case, all of these crimes remain unsolved, and the Zodiac remains the only logical suspect.

 

– Copyright 2013 ZodiacKillerFacts.com — 

————————————————

RELATED LINKS:

THE ZODIAC CRIMES

RIVERSIDE: Photographs, Official Documents and Other Material

THE VICTIM

Cheri Jo Bates

The CRIME SCENE

The Crime Scene

The LIBRARY

Riverside City College Library

The Police Reenactment

The CAR

Cheri Jo’s Volkswagon Bug

The LETTERS

The “Confession” Letter

The Three Letters

The Desktop Poem

The Story of the “Patricia Hautz” Letter

The DOCUMENTS

The Autopsy Report and Death Certificate

Riverside Police Department: Letter on Possible Zodiac Connection

Department of Justice Report Excerpts

FBI Reports on Letters

RPD/FBI/DOJ Documents – RPD Suspect

Newspaper Articles: Paul Avery & The Riverside Connection

ZodiacKillerFACTS.com BLOG:

CHERI JO BATES & The ZODIAC: Unsolved Crimes & Unanswered Questions

CHERI JO BATES: Another Anniversary

———————————-

Visit ZodiacKillerFACTS.com for more information about the unsolved “Zodiac” crimes.

47 years ago…

47 years ago, Cheri Jo Bates was murdered near the campus of the Riverside City College library. One month after the murder, someone mailed an envelope to the offices of the Riverside Press-Enterprise newspaper. The envelope contained a typed letter titled “The Confession” which included an account of the murder and the warning that more victims were to come. Six months after the murder, someone mailed three handwritten notes to the newspaper, the police and the father of Cheri Jo Bates. The author wrote, “Bates had to die. There will be more.” Three years later, the Zodiac surfaced in Northern California with bizarre letters sent to newspapers and a horrific series of seemingly inexplicable murders. Riverside police contacted Zodiac investigators with the suspicion that their unsolved case was linked to the Zodiac crimes. Many investigators believed that the Zodiac had killed Bates and some handwriting experts concluded that the Zodiac was responsible for the Riverside writings. In November 1970, San Francisco Chronicle reporter Paul Avery revealed the so-called “Riverside connection” and Cheri Jo Bates became known as the Zodiac’s first known victim. In one letter, the Zodiac wrote, “I do have to give them credit for stumbling across my riverside activity, but they are only finding the easy ones, there are a hell of a lot more down there.” The Riverside Police Department later declared that Bates had been killed by someone she had known and officially denied that the Zodiac was responsible for the crime. The RPD then discovered that DNA evidence found at the murder scene did not match their suspect, but the department continued to insist that the suspect had killed Bates and the Zodiac was not involved. Decades after the murder, the case remains unsolved and the shadow of the Zodiac still haunts this mystery. Read more in the ZodiacKillerFacts blog entry RIVERSIDE ACTIVITY: Unsolved Mysteries.