FOREIGN FACTION
Who Really Kidnapped JonBenét?
Copyright © 2012 by Ventus Publishing, llc. All rights reserved.
Printed in the United States of America. No part of this book may be used or reproduced in any manner without written permission, except in the case of brief quotations embodied in critical articles or review.
This work may be purchased for educational, business, or sales promotional use. For information please write Ventus Publishing, llc, at P.O. Box 1163, Telluride, CO 81435. USA
SECOND EDITION: March 2013
1. Murder-Investigation-Case studies.
2. Murder-Psychology-Case studies.
3. Criminal Psychology-Case studies.
ISBN 978-0-9847632-0-7 Hardcover
ISBN 978-0-9847632-1-4 Paperback
ISBN is 978-0-9847632-2-1 eBook
Library of Congress Pre-assigned Control Number
LCCN 2012942683
Book Design: Karrie Ross www.KarrieRoss.com
Author Photo: Brenda Colwell Photography
Cover images: istockphoto.com (crown and person)
Dedication
This work is dedicated to the men and women of the Boulder Police Department, past and present, who never wavered in their pursuit of the truth….
In Remembrance of:
Deborah Lee, Kelly Lynn and Denny Converse Jr.
Forever a place in my heart…
Preface
In the faces of our children we are granted the opportunity to glimpse the future and the untimely death of one irrevocably changes us all.
As criminal investigators, it is our chosen duty to go willingly into the breach in defense of the weak and the powerless: to stand tall in the face of adversity, and to seek the truth no matter where the course may lead.
Justice deserves no lesser effort.
—Author: April 2006
Acknowledgments
An author should always take a moment to recognize the people who have assisted, and encouraged them, as they moved forward in their endeavor to publish a manuscript of this magnitude. Friend, author, and fellow sailor, Robert Rubadeau, helped guide me through the writing process that he aptly describes as “navigating the hooptedoodle,” and I am forever in his debt for his patience and sage advice.
Additionally, the technical aspects of producing a work of this caliber would not have been possible but for the assistance provided by legal counsel, Thomas B. Kelley, of the prestigious Denver law firm, Levine Sullivan Koch & Schulz, LLP; as well as the editorial, research, and design assistance provided by Regan R. Tuttle, Harry Stephens, Tricia Griffith, Tracey Woodrow, and Dan Pauley.
Moral support, and suggestions regarding media engagement, was provided by veterans of the news media, Carol McKinley, and Shelley Ross. Over the years I have come to admire, and respect these women for their constant display of professionalism, objectivity, and credibility in the world of international news reporting. I would like to think that I am fortunate to count them as friends, as we struggled to uncover the truth regarding the circumstances surrounding JonBenét’s death.
More importantly, the men and women of the Boulder Police Department deserve special recognition for the heartache, pain, and ridicule, which they endured as they struggled to identify the people responsible for this horrendous crime. I owe a debt of gratitude to the many investigators who never hesitated to take the time to answer questions about their role in the murder investigation, explain the background about a particular course of action, or provide insight about the theories that had been considered over the course of the investigation.
To name but a few, I would like to thank the following people for their assistance, and contribution to my work in this investigation: Rick French, Tom Wickman, Steve Thomas, Tom Trujillo, Mark Beckner, Kurt Weiler, Ron Gosage, Greg Testa, and Shelley Hisey.
My deepest appreciation is extended to Dan Buday for his single-handed efforts in converting this manuscript to an e-book format. I was having difficulties getting this accomplished and he was gracious enough to step forward and volunteer his time to see this project through to its conclusion. As with many who assisted me in this endeavor, it was a collaborative effort and I am in his debt
To many of those who provided support and encouragement behind the scenes: I say to you, Fair winds and Godspeed. May you always find a favorable wind at your stern, and a bright star to help guide your course.
Prologue
The fifteenth anniversary of JonBenét Ramsey’s death has recently passed, and authorities appear no closer to charging anyone in this murder than they were a year into the investigation. It is one of the reasons that I have decided to write in a candid and uncensored fashion about my experiences as a lead investigator in her death.
The destination in a journey is said to begin with the first step. What follows is the story of my journey and how I unexpectedly found myself involved in the middle of JonBenét’s murder investigation. This book is a journal of my discoveries, some of which had been unearthed by the men and women who preceded my participation in this case and others that I stumbled upon on my own. In the final analysis, it comprises the cornerstone of my beliefs regarding a new investigative theory of the crime.
I have heard it expressed that the presumption of innocence does not attach until a defendant sits before the court at trial. Everything that goes before that event is an element of the investigative process, and I believe there are still active steps to be taken to achieve resolution and closure in this case. One has to be committed, however, to pursuing the truth, examining every lead of merit that presents itself, and be willing to explore the darker side of human behavior.
What follows is presented in four parts. Part One addresses the shape of the case as it developed before I became involved. Parts Two and Three provide a chronicle of what I learned and thought about the facts of the case and the development of my beliefs about the direction the investigation should take.
Part Four recounts some more recent developments and some of my further thoughts and beliefs about the case as it came to its likely final resting place. I should emphasize that my theories are nothing more than informed speculation, based only upon the matters stated as fact in Parts One, Two, and Three. In forming my beliefs, I relied on no information that has not been provided to you, the reader, in those parts of this work.
Thus, you, the reader, can take what is contained in Parts One, Two and Three and accept or reject my theories of the crime, or form your own.
I have undertaken this work not because I believe a prosecution of any perpetrator of this crime will likely result from it, but because I believe it will move public perceptions of this case closer to the truth. I believe that in turn it should provide valuable lessons for agencies involved in the criminal justice process, for families, and for anyone concerned about society’s responses to unspeakable crimes such as the murder of JonBenét Ramsey.
Table of Contents
Dedication
Preface: In the Faces of Our Children
Acknowledgements
Prologue
Photo Array / Scanned Document Index
PART ONE – Case History
Chapter One - The First Lead
Chapter Two - Foreign Faction
Chapter Three - Kidnapped
Chapter Four - Homicide
Chapter Five - Cause and Manner of Death
Chapter Six - Interpreting the Injuries
Chapter Seven - Media Wars
Chapter Eight - The First Forty-Eight
Chapter Nine - Ransom Note and 911 Audio Tapes
Chapter T
en - Lou Smit for the Defense
Chapter Eleven – Coming to Terms
Chapter Twelve – Returning to the Scene of the Crime
Chapter Thirteen – Mystery Man
Chapter Fourteen – Prelude to Resignations
Chapter Fifteen – Co-opting the Investigation
Chapter Sixteen – Behind Closed Doors
Chapter Seventeen – To Tell the Truth
Chapter Eighteen – A New Direction
PART TWO – Taking the Lead
Chapter Nineteen – Winds of Change
Chapter Twenty – Taking the Lead
Chapter Twenty-One – Journey of Discovery
Chapter Twenty-Two – Revisiting Point of Entry
Chapter Twenty-Three – A New Focal Point
Chapter Twenty-Four – Stepping Off The Fence
Chapter Twenty-Five – Evolution of John Ramsey’s Statements
Chapter Twenty-Six - The Christmas Gift
Chapter Twenty-Seven – January 2006 Presentation
Chapter Twenty-Eight – Black Sheep
Chapter Twenty-Nine – “Karr-mic” Reality
PART THREE – A Family Affair
Chapter Thirty – New Questions Emerge
Chapter Thirty-One – Red Flags and Behavioral Clues
Chapter Thirty-Two – Enigma
Chapter Thirty-Three – SBP and Beyond
PART FOUR – Theory of Prosecution
Chapter Thirty-Four – The Intruder Left Behind
Chapter Thirty-Five – WWPWS
Chapter Thirty-Six – Theory of Prosecution
Chapter Thirty-Seven – Missed Opportunities
Chapter Thirty-Eight – One Last Lead
EPILOGUE
PERSONS OF INTEREST
APPENDIX
Floor Plans of Ramsey Residence
Professor Donald Foster’s Letter to Patricia Ramsey
Detective Steve Thomas’ Letter of Resignation, August 6, 1998
Fleet and Priscilla White’s Open Letter to Public, August 17, 1998
Detective Lou Smit’s Letter of Resignation, September 28, 1998
Alex Hunter’s Affidavit Clearing Burke Ramsey
Mary Lacy’s Letter to Author, January 25, 2007 (redacted)
End Notes
About the Author
Photo Array / Scanned Document Index
There are many autopsy photographs that depict the nature of the injuries sustained by JonBenét in this homicide, but the author has elected to present only a handful of such photographs in this work. They were chosen specifically to help the reader understand the description of the injuries that are analyzed in the manuscript.
Detective Lou Smit released many of the crime scene and autopsy photographs to the media in 2000 when he began to publically espouse his intruder theory. The majority of the photographs contained herein, and many others, are available for viewing via the Internet.
The one-to-one scaled Power-Point photographs of the stun gun and train track, spider web, and the glass shard sitting on the window-well frame, have not previously been viewed in a public forum.
Sketch – Pen and Ink Rendition of Ramsey Home & Train Room window well by Daniel C. Pauley
Photo 1 – Picture of front of Ramsey Home
Photo 2 – JBR Bedroom
Document – Three Page Ransom Note
Photo 3 – Wine Cellar Hallway
Photo 4 - Wine Cellar Blanket
Photo 5 – Hi-Tec Boot Poon Print
Photo 6 – Paint Tray
Photo 7 – Maglite flashlight on kitchen counter
Photo 8 – Neck ligature
Photo 9 – Skull fracture
Photo 10 – Wrist Bindings
Photo 11 – Garrote / Hair
Photo 12 – Train Room / Suitcase
Photo 13 – JBR Abrasions
Photo 14 – Stun Gun / Pigs
Photo 15 – Kitchen Hall / Spiral Staircase
Photo 16 – JBR Bathroom / Red Sweater
Photo 17 – Ramsey Press Conference / Reward Poster
Photo 18 – Rear yard of Ramsey Home
Photo 19 – Exterior Window Grate
Photo 20 – Exterior Window Well – sill smudging
Photo 21 – Exterior Window Well – leaves / pine needles
Photo 22 – Suitcase / kernel of glass
Photo 23 – Window Well Cobweb
Photo 24 – Window Well / Rectangular Piece of Glass
Photo 25 – Lou Smit in Window Frame
Photo 26 – One-to-One PPT Photographs of Stun Gun and JBR injuries
Photo 27 – Torn Presents / Wine Cellar
Photo 28 – Bowl of Pineapple / Tea Glass on dining room table
Photo 29 – One-to-One PPT Photographs of Train Track and JBR injuries
Photo 30 – Deputy Sandoval & Train Track
Photo 31 – John Mark Karr, Boulder County Sheriff’s Department booking photo
Photo 32 – Dorothy Allison’s Psychic Sketch of Perpetrator
Photo 33 – Train Room Chair
Document – Lacy’s Three-Page Letter of Ramsey Exoneration
Document – Floor Plans of Ramsey Home
Document – Professor Donald Foster’s Letter to Patsy Ramsey
Document – Alex Hunter’s Affidavit Clearing Burke Ramsey of Suspicion
Chapter One
The First Lead
Memorial Day 2009
A steady succession of thunderstorms and rain squalls had emerged from the southwest horizon for those past four days, all but consuming and saturating the holiday weekend. The dozen or so Aspen trees previously deposited at the roadside would have to wait for better weather before I could warm up the chainsaw and turn their length into properly sized pieces of firewood.
Lightening and a clap of distant thunder drew my attention to a menacing dark blue mass that promised more rain and sleet. The warmth emitted from the fireplace provided some solace for that late spring day, and I was again reminded that the date on the calendar doesn’t necessarily equate to balmy spring weather when you are living at 9,000 feet above sea level.
Saturday evening brought a dusting of snow to the peaks surrounding my home and I expected to see more of that before June had expired. The mountains of Colorado have their own idea of what comprises the seasons of spring and summer, and I guessed that I should be grateful that the leaves had finally emerged from the hold of winter.
That long holiday weekend seemed to have been one of procrastination, with a little bit of help from Mother Nature, whereby I was able to start and finish John Sander’s most recently published book of ‘Prey‘. Interspersed with a little spring cleanup around the house, I finally found myself looking to the west on Monday afternoon, searching for the slightest glimpse of sunshine and the La Sal Mountain range.
The La Sal’s are some 130 miles distant in Utah, and I cannot really see them from my living room window, but they are marvelous when viewed from the top of Lift 9 at the Telluride Ski Resort. The lift drops skiers at the ridgeline of “See Forever,” a ski run that is aptly named due to its height of 12,000 feet and unparalleled 360 degree views of the San Juan Mountain Range.
It was from this perch above the world that I first became involved in the murder investigation of JonBenét Ramsey. I had been gone from the Boulder Police Department for over three years, having pulled the pin in 1993, after seventeen years of service to take the police chief’s position in Telluride, Colorado. But there I was, conducting a surveillance operation at the behest of my former colleagues days after a 6-year-old “beauty queen” had allegedly been kidnapped and murdered in her home.
Boulder Police Department Detective Nate Vasquez called me on the previous evening of January 2, 1997, and asked if I was familiar with the homicide case they were working, advising that the parents of the murdered girl, John and Patsy Ramsey, had disappeared after departing Atlanta, Georgia on January 1st.
Boulder investigators were trying to get a handle
on their location, and Vasquez indicated that they had determined that family friend “Pasta Jay” Elowski had rented a room in Telluride at the San Sophia Inn. Elowski was thought to be in town for the ski holiday and investigators were wondering if the Ramseys were hiding out with him in my jurisdiction.
We both agreed that it didn’t seem likely that John and Patsy Ramsey would be in the mood for skiing after suffering the tragic loss of their daughter, but I indicated we would set up a surveillance on Elowski the following day to see what we could find out. I alerted my patrol sergeants, Harry Stephens and Norman Squier, to the operation, and we met early the next day to establish an observation point of the Inn and a vehicle registering to Elowski that was parked in the garden-level garage.
Not long after the breakfast hour, we observed a male matching Elowski’s description retrieve some ski gear from the vehicle, and we subsequently followed him to the ski lifts. He was accompanied by a male and female couple who were determined not to be the Ramseys.
Through the course of the morning, Squier and I bird-dogged the trio as they made their way around the ski mountain. Stephens remained at the Inn to determine if he could spot the coming or going of John and Patsy, and monitored our radio traffic as we carried out the difficult task of spending a day of surveillance on the slopes.
I have to report that I am a moderately advanced intermediate skier, but the black diamond moguls tend to kick my tail, so it frequently fell to Squier to hang tight with the group when they charged down hills that were beyond my capabilities. Not that I didn’t dive in for the sake of backing up and covering my fellow officer, but I didn’t think a mutual-aid workman’s compensation claim would sit well with Boulder authorities.
At one point however, Squier was close enough to hear Elowski talking mid-slope on his cell phone and thought he heard him expressing his sympathy to the party at the other end of the conversation and telling them to enjoy his house. It seemed that perhaps the Ramseys were staying in Elowski’s Boulder home while he was partaking a ski vacation in Telluride.
Foreign Faction: Who Really Kidnapped JonBenet? Page 1