Marion Linden’s Life of Crime, Conclusion

Marion Linden morphed from a Ohio high school football star in 1932, to a failed felon with a death wish in Nebraska in 1936. His plan to die in a hail of police bullets in Omaha, thereby easing his parent’s Depression era monetary woes, went south faster than a freight train to Georgia. Marion was given a break, three years probation, and didn’t do any prison time for his dangerous and idiotic behavior.

Marion wasn’t supposed to leave Nebraska, but that didn’t stop him. He married 18-year-old Arlene Fagor in Denver, Colorado, on December 5, 1936. Marriage can be a maturing experience for some, but evidently not for Marion. His good behavior and his marriage lasted all of two months before ending in gun fire. Marion shot Arlene in the heart when he learned that she had been unfaithful to him while he searched for work in Texas. Found guilty of voluntary manslaughter, Marion was sentenced to from seven to eight years in a Colorado prison.

linden headline2By now may be wondering what Marion’s criminal behavior in Ohio, Nebraska, and Colorado has got to do with Los Angeles. Simple. Like many others before him, following his release from prison the ex-con moved to Los Angeles–land of bright blue skies, sunny beaches and, in Marion’s case, third chances. Prison may have mellowed him, and perhaps it did–for a while.  From 1940 to 1957 if he committed any crimes they weren’t serious enough to get his name into the newspapers. Unfortunately, Marion proved to be incapable of keeping his life on track.

On Sunday, March 17, 1957, St. Patrick’s Day, Leo Wise, a 34-year-old LAPD officer from  University Division, was on his evening rounds when he responded to the shouts of a bartender at a bar at Pico and Figueroa. Wise arrived to find an extremely intoxicated man creating a disturbance. Wise pulled the man onto the sidewalk outside the bar and patted him down, but didn’t find a weapon. Officer Wise said, “I don’t want to see you on the street anymore. Go home.” The patrolman then walked off in one direction and the drunk lurched off in another. After watching Officer Wise depart, the man returned to his spot in front of the bar.

When Officer Wise returned later in the evening he found the man where he’d left him. Wise said, “I thought I told you to go home.”  He patted the man down and once again he didn’t find a weapon.  Because the man hadn’t complied with his suggestion to go home and sleep it off, Officer Wise had no other option but to arrest the scofflaw.

Wise walked over to the police call box to request transportation for the man’s trip to the drunk tank–he never saw the pistol.  The man shot twice, hitting Wise in the neck and side. The wounded officer fell to the sidewalk but he managed pull out his service revolver. He got off two shots before the man jumped into a car and drove away.

A small crowd gathered around the fallen officer to render aid. Wise waved them off and gasped, “Take the number of those plates and call the police!”  Officer Wise died of his wounds.

Mexican national Luis Alatorre was driving by the bar with three companions. He witnessed the shooting and didn’t hesitate to drive after the suspect.  Alatorre and his friends flagged down motorcycle officers, Charles Sturtevant and Lloyd Nelson, who continued the pursuit. They stopped the man at Alvarado and 11th.  Alatorre and his companions, who had followed in the motor officers’ wake, pulled up and shouted, “Be careful, he has a gun. He just shot a policeman.” The man yelled at the officers, “you took me, but I got one …  I would like to shoot some more, just like I did the last copper. I’ll bet he is dead.”  The suspect spat in the face of the officer who was handcuffing him.

More officers arrived and one of them said, “Let me have him for a while and I will fix him.” The arresting officer replied that the suspect  “is under arrest and in my custody, so leave him alone.” The suspect said: “Thank you, buddy, for stopping these $#!%&* from beating me up. I’ll beat this in court. You are a good guy.”

linden booked photoLieutenant Gebhart took the suspect to Homicide Division. As they drove, the suspect said:  “I hope you have me for murder. I shot that #@$%&*cop and I intended to kill him. If I had an opportunity I would kill all of you. … I tried to shoot him in the heart. … I shot him with a .32 and I didn’t think it would do that much damage, but I hoped it would.”

The suspect was taken to LAPD’s Homicide Division where he was identified as Marion Linden. Lieutenant Gebhart, and several other officers later testified that Linden, even though he was handcuffed, had kicked and spat at officers and knocked furniture about. Lieutenant Gebhart heard Marion say that three years earlier he had been “framed” by two policemen on a charge of interfering with an officer.  He insisted that the officers had perjured themselves . He was convicted of the charges and during his 90 days in jail he made up his mind that he was going to kill a cop.

Marion bragged that: “it took the jury eight hours of deliberation on a misdemeanor charge to convict me …I’m very tough to beat.”  He also said that he had beaten one other murder rap and he would beat the charges against him for the murder of Leo Wise.

Marion was wrong. He was convicted of murder and sentenced to death.

Two years later, on July 30, 1959, Lt. Governor Glenn M. Anderson granted Marion a clemency hearing. The hearing came just in time. Marion was scheduled to go to the gas chamber in about a week. Governor Brown told reporters he wouldn’t interfere in the case, and left for a junket in Puerto Rico.

Marion’s execution was delayed while he acted in Pro Per and filed his own appeals. A few minor errors were corrected in the trial record but, apart from that, nothing substantive was changed. Marion’s death penalty stood.

On January 1, 1960, a fist fight broke out on death row. Marion and several other inmates, including the infamous “Red Light Bandit”, Caryl Chessman, got into an argument in their exercise area as they were about to watch the Rose Bowl game on TV. The fight ended when one of the combatants smashed the television on the floor and guards came in to separate the inmates. The fray was likely instigated by Chessman, but each of the other men saw an opportunity to mix it up and jumped in. They had nothing to lose.linden executed

Marion’s early life had showed promise, but somewhere along the line he lost his way. He became a violent and bitter man intent on murder. On July 12, 1961 forty-three year-old Marion James Linden paid for his life of crime in California’s gas chamber.

The Green Scarf Bandit, Conclusion

Two weeks after he was shot by Sheriff’s deputies James Monroe Rudolph, the Green Scarf Bandit, was on the mend in the prison ward of General Hospital. He was reported to be in a weakened condition, but evidently not too weak to confess to scores of robberies, burglaries, assaults and kidnappings. Deputy District Attorney Howard Hurd and a couple of Sheriff’s deputies, including one of my favorites from the era, Detective Sergeant Ned Lovretovich, were on hand to witness the statements made by Monroe.

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Photo dated 29 January 1951. James M. Rudolph; Sheriff’s Sergeant Dave Terry; Attorney Abraham Becker; Sheriff’s Department Sergeant Ned Lovretovich (walking behind Rudolph). [Photo courtesy of USC online collection.]

Monroe had been captured and critically wounded by deputies following a call from eight year old Jimmy Jones. Jimmy had telephoned the cops after bravely feigning sleep while Rudolph kidnapped his parents at gunpoint. It was Jimmy’s call that resulted in the capture of the the Green Scarf Bandit. For his courage Sheriff Eugene Biscailuz had awarded the boy a miniature Sheriff’s badge.

The authorities were keen to get Rudolph in front of a judge, but his physical condition delayed the proceedings. Another complication was that there was so much stolen loot in the Ruldoph home in Placerville that it was going to take some time for it to be sorted out and put on trucks so that it could be placed into evidence. Cops estimated the worth of the stolen goods to be in excess of $60,000 [$537,851.00 in current U.S. dollars].

Finally on January 30th James Monroe Rudolph, clad in his prison ward jammies, was sufficiently healed from his multiple gunshot wounds to appear for arraignment before Municipal Judge F. Ray Rennett. In the complaint, sworn to by Deputy Sheriff Dave Terry and issued by the Deputy D.A., Rudolph found himself charged with five counts of robbery, four of attempted robbery, nine of kidnapping and two of false imprisonment. Four of the robberies involved food markets from which Rudolph had made off with thousands of dollars in cash.

One of the robberies had been particularly bold. Just a few days prior to the kidnapping of B.G. Jones and his wife, the Green Scarf Bandit had used the same M.O. to rob a La Crescenta supermarket manager and his wife twice in one day!

greenscarf_twiceAlfred W. Boegler and his wife Irene were awakened at about midnight when a man in a green scarf mask climbed through their bedroom window. Holding a pistol on the couple, the bandit politely turned his head as Irene changed from her nightgown into street clothes so that she could accompany her husband and the crook to the Shopping Bag Market at 3100 Foothill Blvd in La Crescenta.

boegler_greenscarfAlfred related to investigators a conversation he had with the masked intruder:

“When we asked him what was to be done about our two sleeping children, he said that it was too cold to take children outdoors–and that they might get injured if there was a night watchman who started any shooting. He said if we co-operated in driving him to the store and opening the safe, we would be safely back home within 30 minutes.”

Hey, he may have been a gun wielding robber but he wasn’t necessarily indifferent to the comfort and safety of young children. As the couple’s two daughters, Barbara (4) and Karen (18 months) slept soundly, Boegler drove his wife and the robber to the market. Once they arrived at the store the gunman used Irene as a hostage while Alfred went into the store with a passkey and turned off the burglar alarm. All the while the gunman apologized saying that his boss was “pretty tough” and he’d face dire consequences if the job didn’t go off perfectly.

After looting two safes at the market the bandit let the Boegler’s out of their car at the corner of Altura Street and Pennsylvania Avenue. They phoned the Montrose Sheriff’s station (the same station young Jimmy Jones would call a few days later) and walked the short distance to their home. They collected their two kids and then went to the home of Boegler’s brother, William. When the Boegler’s returned to their own home a mere six hours after being taken from their warm bed they were met by the green scarfed gunman who was waiting patiently for them in the kitchen.

“You double-crossed me. My boss doesn’t like that. We missed one safe.”

The man then kidnapped the Boeglers for a second time, emptied out a third safe, and fled.

Rudolph may have thought of himself only as a bandit, but two of the kidnapping charges involved bodily harm, which in California, because of the Little Lindbergh Law could be sufficient to send him to the gas chamber.

Following the kidnapping and murder of Charles Lindbergh, Jr. on March 1, 1932, Congress adopted the Federal Kidnapping Act (aka Lindbergh Law), a law which allowed the feds step in once kidnappers had crossed state lines with their victim. There were were several states, California among them, that implemented their own versions of the law which applied in cases of kidnapping when victims were not transported across state lines; hence Little Lindbergh. California’s Little Lindbergh statute made kidnapping with bodily harm a crime eligible for the death penalty.greenscarf_death

In 1951 when the Green Scarf Bandit was busted the Red Light Bandit (Caryl Chessman) was already on California’s death row for kidnapping — he had been convicted under the Little Lindbergh law. Knowing that another bandit was sitting on death row may have provided the motivation for Rudolph to plead guilty to three felony charges: armed robbery, kidnapping for purpose of robbery and false imprisonment. With his plea Rudolph was able to evade the death penalty. For his misdeeds James Monroe Rudolph was sentenced to a term of from five years to life.

The Green Scarf Bandit had no intention of serving out his sentence. About seven months after arriving at Folsom Prison Rudolph and his cell mate, Claude Newton, attempted to break out.

The men had cut holes in the iron cell doors and were waiting for the right moment to bolt when they were discovered by guards. They had stuffed overalls with paper and placed the decoys in their bunks. Newton had even braided a rope out of bed sheets and put a hook on the end so that they could scale the wall.

Warden Robert A. Heinze had the last word on the attempted escape:

“Everything was set to go on the escape but it didn’t work.”