-Caveat Lector- an excerpt from: Loud and Clear Lake Headly and William Hoffman©1990 Henry Holt and Company 115 W. 18th St. New York, NY 10011 ISBN 0-8050-1138-2 272 pps — out-of-print/one edition --[18]-- 18 "Contamination" My paid relationship with the Dunlap Committee ended on June 30, 1979. It seemed clear to me that enough evidence had been gathered to, guarantee acquittals somewhere down the line, and I didn't want to continue to draw a salary draining money from people who already had sacrificed a great deal for Max. I had no intention, however, of abandoning the investigation until Robison and Dunlap were cleared, and I promised to make myself available, with or without the committee, to pursue any new leads. Body and soul were kept together financially by working for Vlassis's busy law firm, especially on cases involving the Navajo reservation, and for a young, dedicated attorney in Flagstaff named Michael Stuhff. His clientele also consisted largely of Native Americans, and many of this compassionate lawyer's legal services were pro bono. In the years that followed, Stuhff became one of my most valued friends, and we collaborated on several cases, including the U.S. Senate's impeachment of Judge Harry Claiborne, and the court-martial of Marine Sergeant Clayton Lonetree. Terri Lee and I continued to work hand in hand. Through Stuhff, she began teaching Navajos the ins and outs of legal research, and I conducted paralegal classes—how to conduct investigations, take statements, process evidence, etc. We felt it important that these Native Americans be well versed on procedures needed to protect their people's oft-trampled rights. The Tribal Council paid expenses for six young Navajos at a time to travel to Phoenix, stay in a motel, and attend the courses we held in our East Camelback apartment. These were good times for Terri Lee and me. We were engrossed in satisfying endeavors and enjoyed almost everything together: going to movies and watching TV, romantic dinners, tending what grew into a mininursery of plants, and long late-night rides into the eternal desert. She and Willie Nelson sang "On the Road Again" as soft white light streamed through the moonroof, bathing our souls in what Rod McKuen called gentle. But Robison and Dunlap, rotting on hellish death row, were never far from my thoughts, and on some nights, when my mood bordered on the murderous, I took drives alone, my mind clouded no matter how clear the starry skies as I pondered their fate. What the hell took the supreme court so long? Little things upset me. I had read about two of those justices attending a Paradise Valley social bash, enjoying cocktails and a sumptuous menu. I tried to tell myself, Lake, judges have a right to relax, too, but still I worked myself into a rage over their wasting time at lavish parties instead of rectifying the Dunlap/ Robison horror. July turned into August. September came and went. October, lost. Still no word from the men draped in the robes of justice. And what in hell were the police and prosecution doing? It was like a broken record: "The case is an ongoing investigation. We expect more arrests." Ongoing? Sure: it was going on, and on, and on. Like a transmission locked in neutral, the motor ran but the machine did not move. >From the start the state had adopted "ongoing investigation/ more arrests" as an unofficial motto. OCTOBER 31, 1977 In his summation to the Robison/Dunlap trial Jury, William Schafer III said, "We do not have all the conspirators yet, but we will have." Schafer virtually pled with the jury to return guilty verdicts on Robison and Dunlap, hinting that these two, when faced with the gas chamber, would cave in, as Adamson had. NOVEMBER 1, 1977 Schafer vowed, "We haven't got all the conspirators yet, but we will." NOVEMBER 7, 1977 Jon Sellers: "Investigation on this case goes on all the time. It slowed down a bit recently because of the trial, but we were still documenting information. Now, we'll probably sit down with Mr. Schafer and sift through the information. We'll probably resume the investigation one hundred percent. I'm glad this part of it is over." Phoenix Police Chief Lawrence Wetzel: "Now that the trial is at an end, there will be a review to determine what directions further investigation should take." Attorney General Bruce Babbitt: "Mr. Schafer, myself, and the police believe there were others involved. The file remains open. It will be the subject of a continuing, intensive investigation by the Phoenix police and this office. That investigation will not cease until everything humanly possible has been done to bring to justice everybody involved in this outrageous and depraved act." APRIL 5, 1979 Phoenix Police Captain Jerry Kimmell: "Two detectives, Mike Butler and Ed Flores, will continue to investigate the Bolles murder. It will continue to be their number-one priority, with both men authorized to work on the case up to one hundred percent of their time." JUNE 3, 1979 Phoenix Police Organized Crime Bureau Detective Mike Butler: "It's still an open investigation." OCTOBER 3, 1979 Attorney General Robert Corbin: "We're not certain about organized crime participation. There are always things being said that are being investigated." Police, government officials, politicians. One after another took turns jumping up on the soapbox, but no matter how many words tumbled out of their mouths, it consistently boiled down to the same pat phrases: The case is still being investigated; more indictments are expected. Well, the state might not be turning up anything in its "ongoing investigation," but our little team, operating with a fraction of the state's resources and manpower, was uncovering a whole string of leads. The latest came when Don Devereux discovered the existence of Terrell Bounds, a state employee who had been stationed in the information booth at the State Capitol on the day of the Bolles bombing. Ms. Bounds said she fielded a telephone call at approximately 10 A.M. (the bomb exploded at 11:34) from a woman caller who mentioned a bomb threat on an unidentified reporter's car. The caller claimed to be the secretary of County Sheriff Paul Blubaum, but a later police investigation ruled this out. Terrell Bounds wrote the time of the call on her log as 10 A.M. She referred the caller to the Capitol press room and remembered being "shocked" upon returning from lunch that afternoon to learn Bolles had been bombed. Who made this call to Terrell Bounds? The police showed little interest and never found out. Worse, when Devereux tried to find out, Detective Michael Butler instructed Bounds not to cooperate. The Progress wanted to learn if Ms. Bounds could identify the caller through its extensive collection of voice tapes related to the Bolles case. Butler said Bounds should instead listen to police-controlled voice tapes, but never managed to get around to playing them for her. The police not only "purged" information and refused to follow up on leads, they squashed attempts made by other people trying to get at the truth. I had called Ted Krum of the Rodeway Inn at Lake Havasu to check on John Adamson's stay there immediately, after the bombing. The reservation and plane fare for Adamson had been paid by Neal Roberts. But Krum refused to talk to me, saying Jon Sellers left instructions to obtain clearance from him before discussing the case with anyone. Even Molly Ivins got stonewalled. She tracked Eileen Roberts—Neal's secretary during the crucial days leading up to and right after the bombing—to Boston. Eileen Roberts had overheard Neal Roberts discuss raising money for Adamson's defense, and a Roberts conversation about how "Bolles got what he deserved." Trying to find out who Roberts had talked with, Molly scheduled an appointment with Eileen Roberts, but the witness cancelled the meeting. "I had told Eileen," Molly Ivins said, "that I wanted to show her some pictures she might or might not recognize. "Eileen told me that, apparently for years now, she has had .an agreement with William Schafer that when anyone approaches her about anything connected with the Bolles case, she gets in touch with him. "She had done so after I had called and set up the appoint-ment. And she said that Schafer had advised her not to talk to me. "One reason Schafer had given Eileen Roberts was that she might be a witness in a future trial. And there was some implication that her testimony in a future trial would be tainted by talking to a newspaper person, which I find absurd." Future trial? My heart briefly fluttered with hope when I mistakenly thought Schafer might be referring to Robison and Dunlap. But, no. Evidently, he still clung to the fantasy of dragging Kemper Marley to the dock. Schafer confirmed that he had advised Eileen Roberts to steer clear of the New York Times reporter. He said he wanted to protect possible evidence from "contamination," which he claimed could come from contact with people untrained in law enforcement procedures. Ridiculous. It was the very people "trained in law enforcement procedures" who had engineered the muck and mire the police and prosecution were now trying to extract themselves from by warning off witnesses like Terrell Bounds, Ted Krum, and Eileen Roberts. Devereux called William Schafer, saying that since the assistant attorney general didn't want Molly Ivins showing pictures to Eileen Roberts, he presumed Schafer would run them by her. Devereux reported Schafer's response in the Scottsdale Progress: "Schafer ... is unaware of any intention by the state of Arizona to run its own photo lineup before Eileen Roberts in an attempt to identify the people in question." Perhaps most shocking of all, Detective Mike Butler asked the Progress and Tim Ryan of KPNX-TV news to stop showing photos to potential witnesses. Ryan and the Progress complied, based on Butler's promise that the police would do the job. Of course, they never did. Capitalizing on the media-government trench warfare over who could best serve truth and justice for the sake of Don Bolles, Governor Bruce Babbitt launched a radio campaign in his bid for reelection. The former attorney general's voice flooded air waves with boastful reminders of how he had played a major role in solving that blot on fair Phoenix, the Bolles murder. I had to hear this to believe it. Babbitt's radio ads actually urged the Arizona electorate to keep him as governor because of his work convicting Robison and Dunlap! The supreme court justices took a month's "recess" without deciding on the appeal, the start of their vacations coinciding with a visit I paid Robison and Dunlap. The contrast hit me hard: for one group, fun-filled romps on open sandy beaches or following the bouncing ball over dewy lush greens in early morning rounds of golf, dining on gourmet meals, and freedom to go anywhere anytime; for my clients, one hour a day of supervised exercise inside the bleak prison yard, watching still another sixlegged creature scavenge through filthy stone cubicles, choking down the same old slop, and only one exit-the gas chamber. I didn't return to the apartment and Terri Lee when I left the prison that late afternoon. I don't remember where I went. I must have driven aimlessly for many hours, my thoughts dark, fading to black. I found myself early the next morning behind the Clarendon Hotel, right alongside the parking space where more than three years ago six sticks of dynamite had reduced a new Datsun to a contorted heap of scrap metal. I got out of my car and looked at the spot. The parking lot was as quiet as my cemetery in Florence-all of Phoenix, the air itself, sat as eerily still as the deceptive calm before a hurricane. My mind flashed back through all that had happened to Robison and Dunlap, to Phoenix, yes, and especially to Don Bolles. As I focused on the reporter himself, I suddenly fantasized that he stood next to me in the filtered golden light of dawn. "Bolles," I said softly, "for Christ's sake, give me some help." pps.192-198 --[cont]-- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, Omnia Bona Bonis, All My Relations. Adieu, Adios, Aloha. Amen. Roads End Kris DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! 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