K-That they’re paying?
B-Yea.
K-Huge money?
B-Well, I’m glad we talked dear.
K-Have they given you a raise yet?
B-No.
K-Are we done talking? Is this what you’re telling me?
(Inaudible)
K-I wanna talk more.
B-Can’t I call you tomorrow?
K-No.
B-Won’t you be home?
K-No.
B-No? Where you going?
K-Huh?
B-I said, “You won’t be home tomorrow?”
K-No. I have like five thousand . . . It’s the first day that I’ve been home. I just got home tonight. B-Is it really?
K-I mean I have been traveling, doing funeral-type horrible things.
B-Right. At the same time this happened Jim passed . . .
K-Huh?
B-Jim, my father-in-law passed away.
K-Now, listen to me.
B-Yea.
K-You know me.
B-Yea.
K-Please.
B-Talk to me, Kim.
K-Please do not think that I am capable of this. If the people that know me best think that I am, then it would be worse to me than anything. Besides the actual loss, which is probably the worse thing that has ever happened to me in my life, I was at the funeral and we all . . . The thing’s that hardest for me, I mean besides the fact that now, I’m by myself, you know. I really wish I could have just said goodbye, that’s all. I mean . . .
B-I know. I know he had done something bad when we talked in November, because you wouldn’t say what he had done.
K-Right.
B-So, you know.
K-It’s . . . It was just some stuff. But we were getting through it. I mean then, but I don’t know what’s worse, I don’t know. You know it’s things have been totally crappy or totally great, which makes it worse.
B-Right. Well, babe, I’m not cutting you off but I gotta go take care of Steve, he’s had a bad toothache and I want to get some sleep. I got to get in tomorrow morning bright and early. But let me call you tomorrow evening, if I can. Okay? Can I do that? Would it bother you? That way you would have somebody to talk to.
K-Okay.
B-Okay. You take care of that daughter. She needs you right now.
K-Yes, she does, she really does.
B-You got my pager, page me if you need me for anything.
K-Okay.
B-All right.
K-Okay.
B-I appreciate it, dear.
K-No, thanks for calling.
B-Take care.
K-Okay.
B-Bye-bye.
K-Bye-bye.
When this call ended, police decided to wrap it up for the night. But at about 11:15 P.M. that night Kim paged Burgess, who immediately contacted police. Police then asked him to make another call to Kim, which they would also tape. Burgess called Kim back at approximately 11:57 P.M. That call lasted about fifteen minutes.
Kim (K)-Hello.
Burgess (B)-Kim?
K-Yes.
B-Kenny.
K-Hi.
B-What’s wrong?
K-Oh.
B-I had to take Steve up to the (inaudible) he’s got a bad toothache.
K-Umm.
B-Just walked in and Johnny came out and said you had called. Gave a call right back. So what’s wrong?
K-I just was a little unsettled by our phone call because I thought if you were worried about me then you might have more time to listen and then I thought, oh God, you know me better than to think any of that stuff.
B-You sure sounded serious that day, that’s for sure. That’s what had me so worried.
K-Ummm, not any more than you were, you know when we were talking about our various sundry marital problems and you told me you know. You had good advice that day.
B-I told you, you could stay there and pull your resignation.
(Kim laughs.)
K-I’m serious you did, you had good advice that day and can I think that you really think that? I mean the only (inaudible) nothing’s gonna . . . B-Did you ever tell anybody else about us talking that day?
K-No, my God, no. Never.
B-Okay. Big concern.
K-Huh?
B-I said that was a big concern.
K-Oh my God, I would never mention it to anybody because that’s how . . . Well after I thought of it until you, until I heard you’re . . . I mean myself. I, I, I mean I thought we were kidding. I mean I thought, we both, I mean we were kidding. But apparently only one-half of us, you know we’re always saying stuff like that, you and I know.
B-Well, I thought you were serious. It scared the shit out of me. That’s why I came to you the next day, you know, about pulling your resignation and staying there and you know. You didn’t say what had prompted you to be so upset.
K-Oh yea, well, they just . . . Yea, yea. Those two unconnected incidences.
B-Why did you offer the money?
K-Huh?
B-I said, why did you offer me money?
K-Why did I?
B-Yea, ah . . .
K-I really was just kidding. But I thought, I mean for, if you were a scary individual I wouldn’t have said anything to you, but you’re not.
B-I’m not real intimidating.
K-You know, you’re my friend, Ken. I can say anything to you. That’s all. So I think the only thing that could be better . . . is if you really think that. I was desperately seeking him (inaudible). I probably could find some (inaudible). You’re just a little fuzzy, you’re not shady. B-Thanks.
K-You know what I mean.
B-I know, yea. I mean I went through it, but I’d never, I’d never do anything. I mean, you know, I’d never do anything crazy like that, that’s for doggone sure.
K-I know, I wouldn’t want you to. How is your wife? Is she still . . . ?
B-She’s doing fine. She’s at her mom’s and there’s no big deal. The kids are doing great.
K-Yea, all of them?
B-Yep, doing great. Yep.
K-That’s wonderful. It’s another thing that upset me. I thought that I can’t believe Ken called me and he’s concerned about me and he had to limit our conversation to five minutes.
B-Yea, Steve’s been doing . . . About ten, twelve years ago he got hit by a car.
K-Um huh.
B-And it knocked his teeth, at least on the front, so occasionally he gets these real bad canker sores ’cause, I don’t know if it’s an overbite or what it is. But really hurts on the inside of his jaw and it had just gotten real, real sore over the last couple of days. So Tylenol wasn’t touching it so when I, that’s what’s been going on with him so I had to run him up and tomorrow I’ve taken off work and I’m gonna have to run him up to the dentist. And a good friend of mine is a dentist in Arlington. I coached ball with him for a long time.
K-Umm.
B-He takes care of Steve, but he’s just gotta get, he usually gives him some ointment to put on and I guess that it numbs it up ’cause, you know, him being handicapped, he just picks at them and, you know, he doesn’t know to leave them alone.
K-Right.
B-And it just makes it worse.
K-Oh, that sounds horrible.
B-You doing all right now that you know, he’s, I mean do you feel relieved, I mean do you feel concerned?
K-I was feeling unsettled before I thought (inaudible) that you called.
B-I called to see how you were doing. I mean I was going to call last week, but, um, I was going to call last week to see how you were doing before I just, about everything, just called this evening ’cause I was sitting around the house and I said, well, you know, give you a call before the first of the week. You know, you know I don’t have anybody to talk to at work.
K-You know one thing that you said about the guy in (inaduible) . . .
B-Why did you call me tonight? Back, just for the conversation?
K-Yep, I was just, I was li
ke had this feeling like and I thought, why am I upset and I thought, because if Ken didn’t even want to hear my whole story and he’s worried about the police talking to him, he must really think that I am a criminal. And I thought, Jesus Christ, I can’t stand that. So that’s when I called you back.
B-I just, I just . . . The fact that you had done, you know, something happened. I mean, some of the papers are saying it’s under mysterious circumstances and, you know, that it could be murder and I mean . . . It’s enough to get you, you know and then, you and I talked about it and I didn’t know if you had talked to anybody else about it or (inaudible). That’s it, I mean so don’t . . . The only thing that’s going to bring any grief your way is if your, you know, I guess say, Kim and I talked about that. That could bring some grief your way, you know, in the form of questions. I sure don’t want no grief my way, you know that. K-And grief my way.
B-I sure don’t want that.
K-I’ll be a wretch [sic] whatever happens.
B-How’s the press?
K-Oh, oh, that thing sucks.
B-Does it?
K-I’ve been chased from the funeral home to the grave site. People Magazine won’t leave me alone.
B-Oh, gosh.
K-My life’s a nightmare, but because, it’s because we went to that stupid play.
B-(inaudible) Hard Copy chased ya? That’s, that’s incredible.
K-Who the hell? Who the hell?
B-Have you talked to the police? I mean, the police believe you, don’t they? They haven’t bothered you anymore, or . . .
K-Well they did until yesterday, but . . .
B-They did what? I’m sorry.
K-They bothered me until yesterday, but . . .
B-Oh, did they really?
K-And um, I was talking to the trooper, the first person I called . . .
B-And they believe you, don’t they?
K-Yea.
B-They do?
K-Yea.
B-You gotta good story? I mean sounds like what happened sounds believable, you know, what you’re saying. I know I listened to you.
K-What the trooper said was every time I read something about this I wonder how they know more about my case than I do.
B-Well, you know how the press is.
K-Oh yea, blood suckers.
B-You gonna be alright?
K-I’m glad you called me back.
B-Can I help you?
K-No.
B-Sure?
K-No, that’s okay, I was just.
B-Can I help you with your story? I mean do you need any help, ah, you know, explaining everything?
K-You know what, if they want to convict me for something like this, then they can just go right ahead and do it, if they can, but I mean (inaudible) at this point, I gotta take care of Sarah, that’s all.
B-She’s doing all right? I mean she’s staying strong?
K-She’s, she’s amazing.
B-So what’s wrong with your parents? K-They’re here.
B-Oh, are they there?
K-My mom is here. She’s over in Sarah’s bedroom. She’s, they really have not been leaving me alone because they are worried about me.
B-I don’t blame them. I can understand that. K-About what I will do because I’m just distraught.
But I appreciate your calling both times.
B-You know that I would have called earlier but I didn’t know what to do, or, you know, just didn’t know what was going on.
K-You got yourself all worked up.
B-Well, if you needed me to help out anyway, you know, I mean . . .
K-Um huh.
B-If there are any questions—they don’t believe you or something, give me a call. I mean, you know, I could back you up anyway [sic] I possibly can. K-(Inaudible)
B-Just between you and I, you know.
K-Huh huh.
B-I’ll back you up anyway [sic] I, you know, I can back up your story. You know what I’m saying? K-That’s sweet.
B-If the police, you know, I mean, you know what I’m saying. If you need any help. If the police call, or you know, there is a question in the story, you know, give me a holler.
K-Okay.
B-Maybe we can work something out.
K-God, I hope that never, nothing comes to this, but umm, obviously you’re not on call tonight, right?
B-No, Chris is on tonight, but I gotta work all day tomorrow.
K-Okay. Well, tell Holy Cross, I said hi.
B-I will. I’m exhausted. I worked until four this morning.
K-You poor thing.
B-Just (inaudible).
K-I don’t sleep worrying so . . .
B-I can’t believe it, that’s amazing, Hard Copy. I can’t imagine what you are going through, between the police and Hard Copy and . . .
K-The police are nothing. It’s the press because the woman that writes these, these plays. B-Right.
K-Like the one we went to. She sold her story. B-Ah, Jesus.
K-She sold her story to all these people, like isn’t it a coincidence that a man died and now I have the part for my next mystery and she just sensationalized it all (inaudible).
B-That’s incredible.
K-Anyway.
B-I’ll tell ya, I, I mean what I said. I can help you out, if I have to on your story, but I couldn’t tell them that you wanted . . . I wouldn’t say anything about our conversation. You know what I’m saying, I wouldn’t.
K-Well, I, I . . .
B-So don’t worry about that.
K-Okay, I mean I certainly don’t.
B-Well get some sleep, dear. If you need anything give me a page again, you know that.
K-Oh, okay.
B-All right, I’m on call tomorrow night, but if you need me tomorrow night or you need me to talk or something, page me. Give me a little while to get right back to you.
K-Thank you.
B-All right.
K-Take care of yourself.
B-You, too, dear.
K-Okay.
B-Bye-bye.
K-Night.
“When Kim called Ken Burgess back, we knew we had her,” Gamble said. “I just wish we could have gotten her over the phone. If they kept playing phone tag, we were going to have Burgess say, ‘I won’t go to [the] police if you give me some of the insurance money.’ But it never developed into that. But she says at [the] end of [the] phone call, ‘Remember that advice you gave me, that was really good advice.’ She was talking about the succinylcholine. Based on that phone call, we believed that Kim had injected Steve with curare or succinylcholine.”
The state police then talked again to David Fowler, the medical examiner, who said he was going to do a series of tests to check for the presence of succinylcholine. Fowler also shipped off some tissue to the FBI, but neither the medical examiner nor the FBI was able to find any traces of the drug in Steve’s blood or tissue samples.
“That’s because the ME said the body metabolizes it so quickly that it’s very difficult to find and also we didn’t even have an injection site,” Gamble said. “When the ME testified at trial, he said that the only way to find an injection site would have been to skin Steve at autopsy to see the subcutaneous injection site, which he didn’t do. Even after death it’s very difficult to find. There’s no technology to find it yet. And we never found the syringe and we never could prove that Kimberly stole the drug because it’s a noncontrolled substance. Ken Burgess told us there’s no way to track the succinylcholine. It’s not a drug you can abuse—if you abuse it, you’re going to die. But, as a surgical technician, she had access to the crash cart, where the drug is kept.”
Chapter 9
At 7:00 A.M., on February 23, Corporal Elzey met with his superior to review the three search-and-seizure warrants Elzey was preparing for Kim, her car (a 1995 Dodge Stratus), and her house on Belle Ami Drive in Laurel.
Shortly after going over the warrants, Elzey had them signed by a judge, who also agreed to seal them.
A
round 4:20 that afternoon Elzey and Sergeant Alt met with Kimberly at the Easton Barracks. Elzey gave Kim her husband’s wedding band and then asked her if she still wanted to go out to Harbourtowne. She said she did.
It was just about 5:30 P.M. when Elzey, Alt, and Kim arrived at Harbourtowne. The first thing they did was go into room 506 so Kim could see where Steve died. Kim seemed calm and not at all affected by what she saw.
Elzey asked her if she wanted to go to another room to talk about the events surrounding Steve’s death. She said yes, so she went with Elzey and Alt to room 606, where she again told them her story.
Kim said she and Steve went to Harbourtowne over the Valentine’s Day weekend to try and work on their marriage. She said they arrived at Harbourtowne around 3:00 P.M. on Saturday, February 14, and checked into room 506. Kim said Steve drank a bottle of champagne before they went to dinner and the murder-mystery play. During dinner she said Steve drank beer and wine. In fact, he was drinking heavily throughout the evening, she said. After the play was over, Kim said, they bought beer at the bar and brought it back to their room.
In addition, Steve had taken cold medicine and Xanax before dinner, she said. She also told police that Steve regularly chewed tobacco and smoked when he drank alcohol. But she said she didn’t remember Steve buying any cigarettes or cigars to take on the trip, nor did she purchase any.
Kim said the couple watched the end of Tommy Boy on television and then the news came on. Kim told Elzey that she cut out the February 14 listings from TV Guide, which indicated that Tommy Boy was on TV that night.
Kim said she and Steve began arguing when he attempted to pressure her to have sex; she refused because her therapist had advised her not to use sex as a tool to help the marriage. Kim told police that Steve had agreed that they wouldn’t have sex that weekend.
Kim and Steve argued for about ten minutes when she decided she wanted to get away from him. So a little after 11:00 P.M. she grabbed her purse and car keys and left the room, planning to go to the Millers’ house in Easton. However, she got lost. She said she tried to get directions to Easton from several people, but she was unsuccessful.
When she finally got back to Harbourtowne a little after 1:00 A.M., she realized she had forgotten her electronic key card. She walked around to the back of the building so she could enter through the sliding glass doors, which she remembered she had left open.
An Act Of Murder Page 12