On Tuesday, November 7, 1989, Judge Michael Tynan sentenced Richard Ramirez, aka the Night Stalker, to death. Judge Tynan recited the final judgment before a group of courtroom spectators: “It is the judgment and sentence of this court that Richard Ramirez shall suffer the death penalty. This penalty is to be inflicted within the walls of the state prison at San Quentin, California, in the manner prescribed by law at a time to be fixed by this court in the warrant(s) for execution.”
During the sixteen months that he was on trial, Richard wore mirrored sunglasses in a macabre imitation of a rock star, and smirked his way through the proceedings. They gave him the opportunity to speak following pronouncement of the sentence. He addressed the spectators, saying, “I am beyond good and evil. I will be avenged.”
Although he believed he was a mystery too intricate for ordinary people to fathom, he was not as complex as he thought. A narcissist, he thrived on the agony of others.
Deputy Bud Phillips worked statewide transportation, and they had assigned him to deliver Richard to California’s Death Row at San Quentin in Marin County. On November 16, 1989, Bud woke Richard up in his cell and told him it was time to leave. Bud fastened the waist chains and handcuffs. Richard wondered aloud where the crowds were. The absence of press and groupies must have disappointed him. He had undoubtedly planned a farewell performance.
Bud and Richard got into the rear two seats of a waiting helicopter which had landed behind the jail. Occupying the front seats were the pilot, and Sergeant Cecil Sabatine. They flew out to the Sheriff’s Aero Bureau in Long Beach, where they climbed aboard a Cessna 210.
As they flew north over Hollister, Bud, and Richard talked about the 6.9 earthquake which had occurred the previous month. Bud looked down and said to Richard: “You should go skydiving.” Richard replied he didn’t have a parachute. Bud smiled. “You don’t need one.”
The trip to the small airport north of Novato was uneventful. A Marin County deputy, standing next to an empty van, was the only person waiting for them. Disappointed, Richard asked, “Where is everyone?” It was quiet, just as it had been behind the jail in Los Angeles In order to keep security tight, they had not informed the media of the plan to move Richard. Even though the media got wind of it the week after the sentencing hearing, they buried the story in the back pages. Richard Ramirez was irrelevant.
Richard said nothing as they approached San Quentin. The prison sits on a pristine piece of land, worth hundreds of millions of dollars, on the San Francisco Bay. The view is incredible. But if you look closer, near the death row cells, a smokestack left over from the gas chamber era is a visible reminder that the picture perfect location belies its purpose, which is to confine, and occasionally execute, California’s worst criminals.
Bud handed his prisoner over to Sergeant Sabatine so that he could wrap up the paperwork necessary for Richard’s transfer. After filling out the forms, Bud walked Richard to R&R (Reception & Receiving), where Richard checked in. Bud removed the handcuffs and escorted Richard to a holding cell.
As he was leaving, Bud turned to Richard and said, “Ricky, ‘til death do us part.” Bud later said that it must have finally dawned on Richard where he was because he whimpered.
In 1996, Richard Ramirez married Doreen Lioy, a free-lance magazine editor. The union deservedly sparked outrage. The only good news—no conjugal visits for Richard and his delusional bride. About her big day, she gushed, “I just want to say I’m ecstatically happy today and very, very proud to have married Richard and be his wife.”
In 2009, when her husband’s DNA conclusively linked him to the 1984 murder of nine-year-old Mei Leung in San Francisco’s Tenderloin District, Doreen had second thoughts about her spouse. They do not appear to have formally divorced. It seems to me divorce would be unnecessary—the marriage was never consummated.
On June 7, 2013, Richard Ramirez died of complications of B-cell lymphoma at Marin General Hospital in Greenbrae, California. He deserved worse.
The people we remember are his victims. Below is a partial list. The list does not include the women he raped before his murder spree, nor does it include a list of the children he molested. We will probably never know the actual number of murders he committed or the lives he ruined.
His first murder was Mei Leung, a nine-year-old who he beat and raped before stabbing her to death. He hung her body from a pipe in April 1984.
In June of that year, his Night Stalker killing spree began.
June 28, 1984: 79-year-old Jennie Vincow was stabbed repeatedly while asleep in bed. Her throat was cut so deeply she was nearly decapitated.
March 17, 1985: Dayle Yoshie Okazaki, 34, was shot in the forehead. 22-year-old Maria Hernandez was shot at but survived.
On the same day, Tsai-Lian “Veronica” Yu was pulled out of her car and fatally shot twice.
March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. After Maxine died, Richard mutilated her body with a knife and gouged out her eyes.
May 14, 1985: Bill Doi was fatally shot and Lillian Doi was raped.
May 29, 1985: Mabel “Ma” Bell, 83, and her disabled sister, Florence “Nettie” Lang, 81, were both bound and bludgeoned. Florence was choked with a cord and raped. Mabel died.
May 30, 1985: Carol Kyle, 42, and her son were bound. Carol was raped.
July 2, 1985: Mary Louise Cannon was stabbed repeatedly and died.
July 5, 1985: Whitney Bennett, 16 was attacked while sleeping. She survived but had severe injuries.
July 7, 1985: Joyce Lucille Nelson, 61, was beaten in her home. Sophie Dickman was held at gunpoint, and Richard attempted to rape her.
July 20, 1985: Maxon and Lela Kneiding were attacked then shot. He mutilated their bodies.
On the same day, he shot Chainarong Khovananth and raped Somkid Khovananth.
August 6, 1985: Christopher and Virginia Peterson were shot but survived.
August 8, 1985: Sakina and Elyas Abowath were both attacked, with Elyas fatally shot and Sakina raped.
August 18, 1985: Peter and Barbara Pan were both killed, and Barbara was raped.
On August 24, 1985, Bill Carns was shot but survived, and his fiancée, Inez Erickson, was raped.
On August 31, 1985, after returning from his vacation, Deputy Andy Ramirez was assigned to the morning shift. Andy and the other patrol deputies at the East Los Angeles Sheriff’s Station received a briefing on the Night Stalker suspect’s name and physical description. It did not surprise Andy when a few of his colleagues ribbed him about sharing the wanted killer’s surname. Later, just to be sure, he checked his family tree and found no link to the infamous killer.
Before he began his day at 8 a.m., Andy stopped for a cup of coffee at a convenience store a few blocks outside of his patrol area. As he sat in his car sipping his coffee, he heard a call go out for Unit 22 to respond to a disturbance. The unit did not answer. That was not unusual. In 1985, deputies did not have hand-held radios and could only hear a call if he was in or near his patrol car.
As Unit 22 was unreachable, the dispatcher assigned the call to Andy’s car, Unit 24. They updated the call from a disturbance to persons fighting in the 3700 block of Hubbard Street. Andy rolled. He was about midway down the block before he spied a small group of people standing on the south side of the street. They hovered over a seated man who was leaning against a chain-link fence. A man holding a metal bar stood over the cowering, black-clad figure.
As he got out of his patrol car, by-standers came up to Andy and said, “Deputy, Deputy, he’s the guy! It’s Richard Ramirez. He tried to steal a car. We chased him and hit him and he’s down.”
Andy asked the man wielding the metal bar to relinquish it, which he did. The man was the husband of a woman who stood in a yard screaming. He gestured to the man on the curb and said, “This guy tried to steal my wife’s car.”
Clad in black from head to toe, not the best choice for a 93-degree August day, the suspect dripped sweat. Andy noticed blood running down the back and side of his face. As he approached the suspect, Andy directed him to stand, and then he cuffed him. He patted the man down but found no weapons or identification, so he asked him for his name. The man said “Ricardo” in a soft voice, and then he went silent. Andy put him in the back of his patrol car.
Andy left the suspect seated on the curb and returned to his car to summon paramedics. While he waited for medical aid to arrive, he talked to the residents. They were excited. One of them waved a copy of La Opinion, the local Spanish language newspaper, which had a photo of the Night Stalker on the front page. A few minutes later, the crowd swelled from a handful of bystanders to over fifty people. People from outside the block poured in on foot, on bicycles and in cars. It didn’t take long before at least one hundred people milled around the site of the arrest. At first, the attitude of the crowd was one of jubilation—even without official identification, they knew they had captured the Night Stalker. But then the atmosphere changed. Andy sensed a rapid shift from happiness to hostility. People wanted a piece of the man who had terrified them for months and then had the audacity to bring his evil to their neighborhood.
The crowd tried to open the doors to Andy’s patrol car. He needed backup to prevent the situation from getting out of hand.
Other deputies rolled up to the scene before the crowd became a mob. Andy gave the new arrivals a thumbnail briefing, and then they pushed the crowd back. Moments later, a couple of LAPD patrol cars arrived. They told Andy they had pursued the suspect all morning from downtown. They watched in amazement as he sprinted across the freeway, avoiding vehicles as they whizzed by. The cops said they tracked him following the trail of unsuccessful car-jackings he attempted as he fled.
Following a brief conversation, Andy and the LAPD officers concluded the only way to ensure the safety of the suspect was to get him out of harm’s way. Andy requested the officers transport the tall, skinny man in the sopping wet Jack Daniels t-shirt to the East Los Angeles Sheriff’s station. He watched as the LAPD car drove away with the suspect. He did not notice they had turned left out of Hubbard instead of right.
Andy called the Sheriff’s station to tell them that the Night Stalker was being transported by LAPD and would arrive soon. Later Andy discovered they took the suspect to LAPD’s Hollenbeck Station instead. Did the LAPD officers deliberately transport Richard Ramirez to Hollenbeck, or did they make the left turn out of habit? It is impossible to know for sure. The two agencies have a relationship that is like the cross-town rivalry between UCLA and USC. Each aims to protect the public, but their territories are a patchwork of adjacent jurisdictions which can complicate the pursuit of a fleeing felon.
In the end, it didn’t matter that Richard Ramirez went to LAPD’s Hollenbeck Station. Much later the day of the arrest, Andy stopped by Hollenbeck to retrieve his handcuffs. At first, the LAPD officers claimed not to know what he was talking about. Then he told them he could identify the handcuffs as his because he had scratched his name into the metal. No doubt about it. Andy arrested the Night Stalker.
The moment Andy realized the handcuffs were a significant artifact in one of L.A.’s most notorious criminal cases, he retired them. He held on to the cuffs for almost three decades until he donated them to the Sheriff’s Museum.
On March 17, 1985, Los Angeles County Sheriff’s homicide detectives Gil Carillo and Jim Mercer were called to the scene of a murder and an attempted murder in Rosemead. The dead woman was Dayle Okazaki. Her injured roommate, Maria Hernandez, reported the crime. Maria was lucky to be alive. The same guy who killed Dayle shot her. She gave detectives a heart-stopping account of the evening’s events and provided them with a description of the killer.
Detective Carrillo had a feeling about the Okazaki murder. The killer took nothing from the condo. What was the motive for the attacks? Maria’s statement bothered him. She said when she and her attacker were in the garage; he had deliberately smacked the hood of Dayle’s car. Carrillo knew such behavior was odd. Criminals usually rely on stealth. The killer obviously got a thrill from terrifying Maria before he shot her and left her for dead.
About forty-five minutes after Okazaki’s slaying, Carrillo, and Mercer heard a call about another random assault. Someone shot a young Asian woman named Tsai-Lin Veronica Yu and left her to die in the middle of a street in Monterey Park. A .22 caliber gun killed her. The same caliber weapon used to murder Dayle.
Criminalists at the Sheriff’s crime lab analyzed the shell casings from the two scenes. Although their findings were inconclusive, the scientists surmised the casings were a likely match.
About ten days after the murders of Okazaki and Yu, detectives picked up a double homicide in Whittier. Vincent Zazzara and his wife Maxine were murdered in their ranch style home. An intruder entered the house by upending a plastic pail and using it as a stepping stool to climb through an open window. He shot Vincent and bound and raped Maxine.
The stranger briefly left the room, and Maxine loosened her bindings. She reached under the bed for the shotgun she knew her husband kept there. She aimed it at the intruder and fired. The gun was not loaded. In a rage, the intruder shot and stabbed her. Then used his knife to gouge out Maxine’s eyes, which he took with him. They were never found. He also carved an unintelligible L-shaped word or symbol into her stomach. The gun used was a .22 caliber. The crime lab could not match the casings to those used in the previous crimes because of the distortion, not uncommon, with a .22. Still, the shell casings were determined to be consistent with those from the other slayings. It was possible that the same perpetrator had committed the murders.
Carrillo was the youngest homicide investigator in the bureau. He believed the same person who killed Okazaki and Yu also committed the Whittier murders. The other detectives shrugged off his theory. Carrillo took his hunch to Salerno. For years, Salerno worked in homicide and gained experience with serial killers. He cracked the Hillside Strangler case in 1979.
Carrillo explained his reasons for believing the same man had committed all the crimes while Salerno listened intently. Salerno considered the young detective’s theory to be credible. He took the information, his experience as an investigator, and his intuition to the head of homicide, Captain Bob Grimm. Convinced that Salerno and Carrillo were on to something, Grimm suggested Salerno form a small informal task force to investigate.
On May 14th, the Valley Intruder’s killing spree resumed. The intruder broke into the Monterey Park home of William and Lillian Doi. He shot William and sexually assaulted and beat his invalid wife, who had suffered a stroke. After William heard the man leave, he crawled to a telephone, dialed 911–then he died. Monterey Park police arrived at the scene. A quiet town, homicides in Monterey Park were rare. Someone called the Sheriff’s office and requested Detective Gil Carrillo come to the scene.
The Monterey Park investigator gave Carrillo a cool reception, and declined his offer of assistance. With no reason to stay, Carrillo gave the cop some friendly advice. He told him to be careful in collecting and preserving the evidence. It would be important later.
Just as the case against the Valley Intruder heated up, so did Los Angeles. Residents can take comfort knowing that no matter how hot it gets during the day, the nights are cool and pleasant. But the summer of 1985 was different. Angelenos were sweltering in triple digit heat, shattering records established one hundred years earlier. Temperatures climbed to over 100 degrees during the day, and at night back yard thermometers rarely dipped below the upper 70s. People did everything they could think of to beat the heat. They slept with their bedroom windows open wide to entice a breeze. A sadistic killer saw the open windows as an invitation.
By the middle of August 1985, the local media was obsessed with the heinous crimes committed by the Valley Intruder. The media coverage increased exponentially with each attack. They finally gave the mysterious killer in black a nickname; the Night Stalker.
Citizens were so terrified by the random and vicious murders that they altered their behavior. The sale of guns and locks skyrocketed. The animal shelters emptied of small dogs who could bark a warning, and big dogs who could bring a man down.
A San Fernando Valley nurse told newspaper reporters she kept two guns in her house, and she was prepared to use them. An Alhambra woman said when her husband left for the night shift, she would take their three-year-old daughter into the master bedroom and lock the door. A Monrovia man patrolled the perimeter of his property all night with a hockey stick. Six hundred Monterey Park residents packed a neighborhood watch meeting. In some neighborhoods, people held huge slumber parties, praying for safety in numbers
On August 14th, newspapers broke the story that Frank Salerno was heading up a multi-agency task force to investigate the Night Stalker case.
The detectives found important evidence, including a print from an Avila size 11 ½ shoe found at multiple crime scenes. At the time, the press and public were unaware of this. They also did not know the detectives had been working the case for months. They had a composite drawing of the perpetrator that they circulated to deputies, just in case they ran across someone who matched the art work.
During their investigation, detectives discovered the same Avila shoe print found at the Zazzara crime scene was also present in a child abduction and molestation case being investigated by the Los Angeles Police Department’s Northeast Division. The suspect took an eight-year-old girl from her home and assaulted her at a construction site before abandoning her. Passersby discovered her in the middle of the night. The suspect left a perfect shoe print in cement at the scene.
That they found the shoe print at the scene of a child rape and at homicides of adult victims was stunning. No one ever investigated a serial killer who was also a pedophile. The detectives knew the person who committed the murders, mutilations, and sexual assaults of children was a deviant whose penchant for evil was impossible to comprehend.
To gain a better understanding of the killer they pursued, the detectives invited the FBI to review the cases and produce a profile. Although not precise, criminal profiling is a useful tool. His rage against women and his fear of men were evident at every scene. He had not hesitated to murder any adult male who was present in the homes he entered, and the overkill of most of the female victims was blood-curdling. While the killer may have had multiple motives for his crimes: burglary, rape, child molestation, murder, and kidnapping–the most salient feature of his attacks was his rage.
With the FBI profile and evidence from more murder scenes, the detectives persisted.
Detectives hold back information in a murder case whenever they can. It is invariably something that only the killer would know. In the Night Stalker case, the detectives kept mum about the Avila shoe prints. Regrettably, the shoes became headline news.
The Night Stalker read the press on his murder spree. He caught the story about Frank Salerno’s assignment to the case. It fed his ego. Salerno was a heavy hitter, a consummate investigator, and a worthy adversary. The task force made it tougher for him to commit crimes in Los Angeles. He needed to take a break. He stole a car and headed north to San Francisco.
Barbara and Peter Pan slept soundly in the bedroom of their two-story home on a residential street near Lake Merced. The Night Stalker removed the screen from an open window and slipped inside. He murdered Peter with a gunshot to the head and then he sexually assaulted Barbara. Before he left, he drew a pentagram on the wall and signed it “Jack the Knife.”
Carrillo and Salerno recognized their suspect from the modus operandi at the Pan house. He had taken his horror show on the road. They spoke with San Francisco police, who agreed to a reciprocal trade of information.
Carrillo and Salerno’s information reached Mayor Dianne Feinstein. She held a press conference.
With their mouths hanging open in disbelief, and their hands clenched in anger, Salerno and Carrillo watched as Feinstein made public every piece of evidence they had discovered. The mayor spoke about the Avila shoe prints, the weapons, and the thumb cuffs the killer used to restrain his female victims. Investigators feared the mayor’s irresponsible statements could destroy their case.
The Night Stalker watched Mayor Feinstein’s press conference, too. He could not believe it. He owed the mayor a debt of gratitude. For months, he was unaware that he left distinctive shoe prints at the crime scenes. He ditched the shoes and anything that tied him to the crimes. Feeling cocky, he returned to Los Angeles.
Thirteen-year-old Mission Viejo resident James Romero, saw a man in an orange Toyota driving down his street. He noticed the car’s headlights were off, and he grew suspicious. He memorized a portion of the license plate number.
The Night Stalker broke into a house in Romero’s neighborhood. He shot Bill Carns twice in the head, then raped his fiancée, Inez Erikson. Though he left them for dead, they survived. He returned to the stolen Toyota and drove back to L.A.
It was another steamy night, so the killer removed his gloves. He abandoned the car, and wiped it down, but neglected to clean the rearview mirror he had adjusted with his bare hand.
The Night Stalker task force worked hundreds of hours of overtime. The Feinstein press conference in San Francisco gave them a few bad moments, but they trusted Sheriff Sherman Block to have their backs. He held a press conference of his own, during which he lambasted Feinstein for compromising the case.
Salerno and Carillo finally caught a couple of breaks. One of them was a phone call from a woman who worked in the courts in Los Angeles. She said her father, Jose Perez, was a street person who hung out at the Greyhound Bus Depot downtown. He had befriended a guy named Ricky. Ricky shared details with Jose about a murder he had committed. Jose told his daughter he and Ricky took a gun to Tijuana and sold it.
The detectives felt certain that they were only steps behind the Night Stalker. Other detectives traveled to Tijuana and to their shock, recovered the weapon. Ricky did not sell the gun. Jose gave it to one of his girlfriends.
Perez said LAPD arrested his friend Ricky recently for car theft after Ricky crashed the car into the bus depot. He served a couple of days in county jail. Salerno and Carrillo contacted LAPD’s Central Division, but officers there could not locate the case.
While they waited for information from LAPD, the detectives got a call from San Francisco investigators. It was what they needed. A person who knew Ricky, and knew he fit the description of the Night Stalker, provided the investigators with their suspect’s full name. Richard Ramirez.
Police found the stolen Toyota. Criminalists recovered a single fingerprint from the rearview mirror. An Orange County detective took the print up to Sacramento and, visually, as they had done for decades, compared it to all the prints of anyone with the Ramirez surname. They found a match. After months of painstaking police work, they identified the killer.
On Friday, August 20, 1985, in a joint news conference, Sheriff Sherman Block, Orange County Sheriff Brad Gates and Los Angeles Police Chief Daryl Gates publicly identified Richard Leyva Muñoz Ramirez as the Night Stalker.
The next day, his photo was on the front page of every newspaper in town.
Salerno and Carrillo knew Ramirez hung out at the Greyhound Bus Depot. They set up surveillance on the chance that he would try to leave town. No one expected him to be returning to Los Angeles, but that was what happened.
Ramirez was out-of-town visiting a brother in Arizona. When he arrived at the Greyhound Bus Depot, he spotted the surveillance. He was oblivious to the fact they were searching for him, but he knew law enforcement meant trouble, and that was the last thing he needed. He walked out of the building where the bus had entered instead of staying with the group of passengers who exited through the front door.
At a nearby liquor store, he bought a carton of orange juice. Then he saw his picture on page one of a local newspaper. In a panic, he got on a bus headed to East Los Angeles, where one of his brothers lived. The other passengers began to whisper and stare at him.
He got off the bus and, in desperation, he ran across several lanes of Interstate 5. Miraculously, on the Saturday morning of the Labor Day holiday, he made it across unharmed. He attempted to carjack vehicles in LAPD’s territory, but failed.
Richard Ramirez sweated profusely. Exhausted and near collapse, he ran onto the 3700 block of Hubbard Street in Boyle Heights. He was one block into Sheriff’s territory.
He tried to carjack a classic Mustang, which was being lovingly restored by its proud owners. The car wasn’t drivable, so the fugitive attempted to hijack a car from a pregnant woman who was about to run errands. The woman screamed. Her husband heard her and came running. He was wielding a length of pipe. He took one look at the shaggy-haired stranger who had the audacity to molest his wife and bashed him over the head. The ruckus brought more people into the street. Many of them picked up baseball bats and hammers and gave chase.
The battle of Hubbard Street was on.
Someone placed a call to the East Los Angeles Sheriff’s station about a fight on Hubbard Street.
Cries went up. “It’s him!” “It’s the Night Stalker!”
At a press conference on December 23, 1980 at Parker Center, Daryl Gates, Chief of the Los Angeles Police Department, announced that three suspects in the gruesome massacre at the Bob’s Big Boy restaurant on La Cienega near Sawyer Street, in which three people were killed, were in custody and would be charged with first degree murder. The suspects were identified as: Franklin Freeman, 22, Ricky Sanders, 25, and Carletha Stewart, 19. [Stewart and Freeman were cousins, Stewart was Sanders’ girlfriend.] Gates said that Stewart was a former employee of the restaurant but did not say how long she had been employed or when she had left.
Forbidden by law to disclose the criminal records of the suspects prior to their being charged, Chief Gates said that the alleged gunmen had police records and one of them had a record of “serious violations–real hard-time stuff.” Stewart had no criminal record and wasn’t in the restaurant during the murders; however, she was thought to have been the getaway driver.
The suspects spent Christmas Eve in court where they were formally charged with murder, robbery, assault with a deadly weapon and conspiracy. Each of them was eligible for the death penalty if convicted; and all of them entered a plea of not guilty.
Once they’d been charged, Sanders’ criminal record was made public. He had been released from custody on March 12, 1979 after serving almost a year in Soledad and Tehachapi for a residential burglary in Orange Count. Not exactly “hard-time stuff”, but certainly incarceration in a California State Prison counts as serious.
As far as hard-time goes, Freeman’s younger brother, Anthony, 19, stood a chance of doing a major stretch in prison for a murder he had allegedly committed. He was awaiting a retrial for the strangulation murder of seventy-two year-old Rosa Robinson. She had been strangled with a vacuum cleaner cord on August 8, 1979. She was the mother of Inglewood Municipal Court Judge Roosevelt Robinson. Anthony’s first trial deadlocked 11-to-1 in favor of conviction. It was possible that the Freeman brothers would serve prison time, if not in the same facility, then at least simultaneously. [Anthony was sentenced to life at his second trial.]
One of the revelations during the preliminary hearing in April 1981 was that the robbery was not committed on a whim, it had been planned. According to an acquaintance of Stewart’s, Andre Gilcrest, 21, about two weeks prior to the actual robbery Stewart told him that some of her friends were going to rob the Bob’s restaurant that night. Gilcrest, who was held in protective custody, said that after Stewart told him about the plan they drove to the restaurant and drank coffee until closing waiting for the shit to hit the fan. The robbery didn’t occur that night because, as Stewart later learned, the manager, thinking that the would-be robbers were customers who hadn’t made it before closing time wouldn’t open the door for them.
One of the victims who testified at the preliminary hearing, during which all three of the defendants were present, was Rhonda Robinson. She took the stand and almost immediately began to tremble. When she became incoherent a recess was called so she could collect herself. When the DA asked her why she was so frightened she said: “Because I know that’s the guy [motioning to Freeman] over there who did it.” She was one of the lucky ones in that she was not physically harmed during the shootings, but she was psychologically damaged. She said she had nightmares and wasn’t able to return to work. She was consulting a psychiatrist for her ongoing emotional trauma.
Ismael Luna testified through a Spanish language interpreter. He was shocked and bewildered by the violence. He said: “We were all in a group and they just started shooting.” Luna’s father Cesario, wounded during the shooting, died after languishing for several months in a coma–bringing the death toll to four.
Michael Malloy, night manager at the restaurant, lost his right eye during the gunfire. He appeared in court with a bandage covering half his face.
Orasteen Freeman insisted her son was the victim of mistaken identity. You might expect a mother to defend her son, but in this case there was possibly something to her assertion. One of the survivors of the massacre, Tami Rogoway, had failed to make a positive identification of Freeman. But less than a week later she testified that she was “positive” that he was one of the two men who shot into the freezer that night. She explained her inability to identify him the first time because she had been too afraid to make eye contact with the defendant; but later when “he turned back once, our eyes caught…and I flashed back to Bob’s Big Boy.”
Madelynn Kopple, Freeman’s attorney, asked Rogoway if she was “willing to bet your life” on identifying Freeman. Rogoway replied: “I have to be willing to sit up here and say what I just said.”
Would Rogoway’s initial failure to ID Freeman be enough to plant the seeds of reasonable doubt in the minds of the jurors?
NEXT TIME: The conclusion of the bloodbath at Bob’s Big Boy.