The Best American Crime Reporting 2009

by Jeffrey Toobin

  By the time Jocelyn appeared in U.S. District Court in July 2008 to enter her guilty plea, she was already wearing a green prison uniform, having opted to start the clock on her eventual prison sentence. In a memo to the judge, her lawyer painted a picture of a damaged and mentally ill young woman coping with the aftermath of a difficult childhood—and revealed, among other things, the nauseating fact that Jocelyn’s breast-implant surgery had been performed by her own father. The judge ordered psychological treatment and sentenced Jocelyn to five years.

  David Grann

  TRUE CRIME

  FROM The New Yorker

  IN THE SOUTHWEST CORNER OF POLAND, far from any town or city, the Oder River curls sharply, creating a tiny inlet. The banks are matted with wild grass and shrouded by towering pine and oak trees. The only people who regularly trek to the area are fishermen—the inlet teems with perch and pike and sun bass. On a cold December day in 2000, three friends were casting there when one of them noticed something floating by the shore. At first, he thought it was a log, but as he drew closer he saw what looked like hair. The fisherman shouted to one of his friends, who poked the object with his rod. It was a dead body.

  The fishermen called the police, who carefully removed the corpse of a man from the water. A noose was around his neck, and his hands were bound behind his back. Part of the rope, which appeared to have been cut with a knife, had once connected his hands to his neck, binding the man in a backward cradle, an excruciating position—the slightest wiggle would have caused the noose to tighten further. There was no doubt that the man had been murdered. His body was clothed in only a sweat-shirt and underwear, and it bore marks of torture. A pathologist determined that the victim had virtually no food in his intestines, which indicated that he had been starved for several days before he was killed. Initially, the police thought that he had been strangled and then dumped in the river, but an examination of fluids in his lungs revealed signs of drowning, which meant that he was probably still alive when he was dropped into the water.

  The victim—tall, with long dark hair and blue eyes—seemed to match the description of a thirty-five-year-old businessman named Dariusz Janiszewski, who had lived in the city of Wroclaw, sixty miles away, and who had been reported missing by his wife nearly four weeks earlier; he had last been seen on November 13th, leaving the small advertising firm that he owned, in downtown Wroclaw. When the police summoned Janiszewski’s wife to see if she could identify the body, she was too distraught to look, and so Janiszewski’s mother did instead. She immediately recognized her son’s flowing hair and the birthmark on his chest.

  The police launched a major investigation. Scuba divers plunged into the frigid river, looking for evidence. Forensic specialists combed the forest. Dozens of associates were questioned, and Janiszewski’s business records were examined. Nothing of note was found. Although Janiszewski and his wife, who had wed eight years earlier, had a brief period of trouble in their marriage, they had since reconciled and were about to adopt a child. He had no apparent debts or enemies, and no criminal record. Witnesses described him as a gentle man, an amateur guitarist who composed music for his rock band. “He was not the kind of person who would provoke fights,” his wife said. “He wouldn’t harm anybody.”

  After six months, the investigation was dropped, because of “an inability to find the perpetrator or perpetrators,” as the prosecutor put it in his report. Janiszewski’s family hung a cross on an oak tree near where the body was found—one of the few reminders of what the Polish press dubbed “the perfect crime.”

  ONE AFTERNOON IN THE FALL OF 2003, Jacek Wroblewski, a thirty-eight-year-old detective in the Wroclaw police department, unlocked the safe in his office, where he stored his files, and removed a folder marked “Janiszewski.” It was getting late, and most members of the department would soon be heading home, their thick wooden doors clapping shut, one after the other, in the long stone corridor of the fortresslike building, which the Germans had built in the early twentieth century, when Wroclaw was still part of Germany. (The building has underground tunnels leading to the jail and the courthouse, across the street.) Wroblewski, who preferred to work late at night, kept by his desk a coffeepot and a small refrigerator; that was about all he could squeeze into the cell-like room, which was decorated with wall-sized maps of Poland and with calendars of scantily clad women, which he took down when he had official visitors.

  The Janiszewski case was three years old, and had been handed over to Wroblewski’s unit by the local police who had conducted the original investigation. The unsolved murder was the coldest of cold cases, and Wroblewski was drawn to it. He was a tall, lumbering man with a pink, fleshy face and a burgeoning paunch. He wore ordinary slacks and a shirt to work, instead of a uniform, and there was a simplicity to his appearance, which he used to his advantage: people trusted him because they thought that they had no reason to fear him. Even his superiors joked that his cases must somehow solve themselves. “Jacek” is “Jack” in English, and wróbel means “sparrow,” and so his colleagues called him Jack Sparrow—the name of the Johnny Depp character in “Pirates of the Caribbean.” Wroblewski liked to say in response, “I’m more of an eagle.”

  After Wroblewski graduated from high school, in 1984, he began searching for his “purpose in life,” as he put it, working variously as a municipal clerk, a locksmith, a soldier, an aircraft mechanic, and, in defiance of the Communist government, a union organizer allied with Solidarity. In 1994, five years after the Communist regime collapsed, he joined the newly refashioned police force. Salaries for police officers in Poland were, and remain, dismal—a rookie earns only a few thousand dollars a year—and Wroblewski had a wife and two children to support. Still, he had finally found a position that suited him. A man with a stark Catholic vision of good and evil, he relished chasing criminals, and after putting away his first murderer he hung a pair of goat horns on his office wall, to symbolize the capture of his prey. During his few free hours, he studied psychology at a local university: he wanted to understand the criminal mind.

  Wroblewski had heard about the murder of Janiszewski, but he was unfamiliar with the details, and he sat down at his desk to review the file. He knew that, in cold cases, the key to solving the crime is often an overlooked clue buried in the original file. He studied the pathologist’s report and the photographs of the crime scene. The level of brutality, Wroblewski thought, suggested that the perpetrator, or perpetrators, had a deep grievance against Janiszewski. Moreover, the virtual absence of clothing on Janiszewski’s battered body indicated that he had been stripped, in an attempt to humiliate him. (There was no evidence of sexual abuse.) According to Janiszewski’s wife, her husband always carried credit cards, but they had not been used after the crime—another indication that this was no mere robbery.

  Wroblewski read the various statements that had been given to the local police. The most revealing was from Janiszewski’s mother, who had worked as a bookkeeper in his advertising firm. On the day that her son disappeared, she stated, a man had called the office at around 9:30 A.M., looking for him. The caller made an urgent request. “Could you make three signs, quite big ones, and the third one as big as a billboard?” he asked. When she inquired further, he said, “I will not talk to you about this,” demanding again to speak to her son. She explained that he was out of the office, but she gave the caller Janiszewski’s cell-phone number. The man hung up. He had not identified himself, and Janiszewski’s mother had not recognized his voice, though she thought that he sounded “professional.” During the conversation, she had heard noise in the background, a dull roar. Later, when her son showed up at the office, she asked him if the customer had called, and Janiszewski replied that they had arranged to meet that afternoon. According to a receptionist in the building, who was the last known person to see Janiszewski alive, he departed the office at around four o’clock. He left his car, a Peugeot, in the parking lot, which his family said was very unusual: although he oft
en met with customers away from the office, he habitually took his car.

  Investigators, upon checking phone records, discovered that the call to Janiszewski’s office had come from a phone booth down the street—this explained the background noise, Wroblewski thought. Records also indicated that, less than a minute after the call ended, someone at the same public phone had rung Janiszewski’s cell phone. Though the calls were suspicious, Wroblewski could not be certain that the caller was a perpetrator, just as he could not yet say how many assailants were involved in the crime. Janiszewski was more than six feet tall and weighed some two hundred pounds, and tying him up and disposing of his body may have required accomplices. The receptionist reported that when Janiszewski left the office, she had seen two men seemingly trailing him, though she could not describe them in any detail. Whoever was behind the abduction, Wroblewski thought, had been extremely organized and shrewd. The mastermind—Wroblewski assumed it was a man, based on the caller’s voice—must have studied Janiszewski’s business routine and known how to lure him out of his office and, possibly, into a car.

  Wroblewski pored over the materials, trying to find something more, yet he remained stymied. After several hours, he locked the file in his safe, but over the next several days and nights he took it out again and again. At one point, he realized that Janiszewski’s cell phone had never been found. Wroblewski decided to see if the phone could be traced—an unlikely possibility. Poland lagged behind other European countries in technological development, and its financially strapped police force was only beginning to adopt more sophisticated methods of tracking cellular and computer communications. Nevertheless, Wroblewski had taken a keen interest in these new techniques, and he began an elaborate search, with the help of the department’s recently hired telecommunications specialist. Although Janiszewski’s telephone number had not been used since his disappearance, Wroblewski knew that cell phones often bear a serial number from the manufacturer, and his men contacted Janiszewski’s wife, who provided a receipt containing this information. To Wroblewski’s astonishment, he and his colleague soon found a match: a cell phone with the same serial number had been sold on Allegro, an Internet auction site, four days after Janiszewski disappeared. The seller had logged in as ChrisB[7], who, investigators learned, was a thirty-year-old Polish intellectual named Krystian Bala.

  It seemed inconceivable that a murderer who had orchestrated such a well-planned crime would have sold the victim’s cell phone on an Internet auction site. Bala, Wroblewski realized, could have obtained it from someone else, or purchased it at a pawnshop, or even found it on the street. Bala had since moved abroad, and could not be easily reached, but as Wroblewski checked into his background he discovered that he had recently published a novel called “Amok.” Wroblewski obtained a copy, which had on the cover a surreal image of a goat—an ancient symbol of the Devil. Like the works of the French novelist Michel Houellebecq, the book is sadistic, pornographic, and creepy. The main character, who narrates the story, is a bored Polish intellectual who, when not musing about philosophy, is drinking and having sex with women.

  Wroblewski, who read mostly history books, was shocked by the novel’s contents, which were not only decadent but vehemently anti-Church. He made note of the fact that the narrator murders a female lover for no reason (“What had come over me? What the hell did I do?”) and conceals the act so well that he is never caught. Wroblewski was struck, in particular, by the killer’s method: “I tightened the noose around her neck.” Wroblewski then noticed something else: the killer’s name is Chris, the English version of the author’s first name. It was also the name that Krystian Bala had posted on the Internet auction site. Wroblewski began to read the book more closely—a hardened cop turned literary detective.

  FOUR YEARS EARLIER, in the spring of 1999, Krystian Bala sat in a café in Wroclaw, wearing a three-piece suit. He was going to be filmed for a documentary called “Young Money,” about the new generation of businessmen in the suddenly freewheeling Polish capitalist system. Bala, who was then twenty-six, had been chosen for the documentary because he had started an industrial cleaning business that used advanced machinery from the United States. Though Bala had dressed up for the occasion, he looked more like a brooding poet than like a businessman. He had dark, ruminative eyes and thick curly brown hair. Slender and sensitive-looking, he was so handsome that his friends had nicknamed him Amour. He chain-smoked and spoke like a professor of philosophy, which is what he had trained, and still hoped, to become. “I don’t feel like a businessman,” Bala later told the interviewer, adding that he had always “dreamed of an academic career.”

  He had been the equivalent of high-school valedictorian and, as an undergraduate at the University of Wroclaw, which he attended from 1992 to 1997, he was considered one of the brightest philosophy students. The night before an exam, while other students were cramming, he often stayed out drinking and carousing, only to show up the next morning, dishevelled and hung over, and score the highest marks. “One time, I went out with him and nearly died taking the exam,” his close friend and former classmate Lotar Rasinski, who now teaches philosophy at another university in Wroclaw, recalls. Beata Sierocka, who was one of Bala’s philosophy professors, says that he had a voracious appetite for learning and an “inquisitive, rebellious mind.”

  Bala, who often stayed with his parents in Chojnow, a provincial town outside Wroclaw, began bringing home stacks of philosophy books, lining the hallways and filling the basement. Poland’s philosophy departments had long been dominated by Marxism, which, like liberalism, is rooted in Enlightenment notions of reason and in the pursuit of universal truths. Bala, however, was drawn to the radical arguments of Ludwig Wittgenstein, who maintained that language, like a game of chess, is essentially a social activity. Bala often referred to Wittgenstein as “my master.” He also seized on Friedrich Nietzsche’s notorious contention that “there are no facts, only interpretations” and that “truths are illusions which we have forgotten are illusions.”

  For Bala, such subversive ideas made particular sense after the collapse of the Soviet Empire, where language and facts had been wildly manipulated to create a false sense of history. “The end of Communism marked the death of one of the great meta-narratives,” Bala later told me, paraphrasing the post-modernist Jean-François Lyotard. Bala once wrote in an e-mail to a friend, “Read Wittgenstein and Nietzsche! Twenty times each!”

  Bala’s father, Stanislaw, who was a construction worker and a taxi-driver (“I’m a simple, uneducated man,” he says), was proud of his son’s academic accomplishments. Still, he occasionally wanted to throw away Krystian’s books and force him to “plant with me in the garden.” Stanislaw sometimes worked in France, and during the summer Krystian frequently went with him to earn extra money for his studies. “He would bring suitcases stuffed with books,” Stanislaw recalls. “He would work all day and study through the night. I used to joke that he knew more about France from books than from seeing it.”

  By then, Bala had become entranced by French postmodernists such as Jacques Derrida and Michel Foucault. He was particularly interested in Derrida’s notion that not only is language too unstable to pinpoint any absolute truth; human identity itself is the malleable product of language. Bala wrote a thesis about Richard Rorty, the American philosopher, who famously declared, “The guise of convincing your peers is the very face of truth itself.”

  Bala interpreted these thinkers idiosyncratically, pulling threads here and there, and often twisting and turning and distorting them, until he had braided them into his own radical philosophy. To amuse himself, he began constructing myths about himself—an adventure in Paris, a romance with a schoolmate—and tried to convince friends that they were true. “He would tell these tall stories about himself,” Rasinski says. “If he told one person, and that person then told someone else, who told someone else, it became true. It existed in the language.” Rasinski adds, “Krystian even had a term for it. He calle
d it ‘mytho-creativity.’” Before long, friends had trouble distinguishing his real character from the one he had invented. In an e-mail to a friend, Bala said, “If I ever write an autobiography, it will be full of myths!”

  Bala cast himself as an enfant terrible who sought out what Foucault had called a “limit-experience”: he wanted to push the boundaries of language and human existence, to break free of what he deemed to be the hypocritical and oppressive “truths” of Western society, including taboos on sex and drugs. Foucault himself was drawn to homosexual sadomasochism. Bala devoured the works of Georges Bataille, who vowed to “brutally oppose all systems” and who once contemplated carrying out human sacrifices; and William Burroughs, who swore to use language to “rub out the word” and the Marquis de Sade, who demanded, “O man! Is it for you to say what is good or what is evil?” Bala boasted about his drunken visits to brothels and his submission to temptations of the flesh. He told friends that he hated “conventions” and was “capable of anything,” and he insisted, “I will not live long but I will live furiously!”

  Some people found such proclamations juvenile, even ridiculous; others were mesmerized by them. “There were legends that no woman could resist him,” one friend recalled. Those closest to him regarded his tales simply as playful confabulations. Sierocka, his former professor, says that Bala, in reality, was always “kind, energetic, hardworking, and principled.” His friend Rasinski says, “Krystian liked the idea of being this Nietzschean superman, but anyone who knew him well realized that, as with his language games, he was just playing around.”

  In 1995, Bala, belying his libertine posture, married his high-school sweetheart, Stanislawa—or Stasia, as he called her. Stasia, who had dropped out of high school and worked as a secretary, showed little interest in language or philosophy. Bala’s mother opposed the marriage, believing Stasia was ill-suited for her son. “I thought he should at least wait until he had finished his studies,” she says. But Bala insisted that he wanted to take care of Stasia, who had always loved him, and in 1997 their son Kacper was born. That year, Bala graduated from the university with the highest possible marks, and enrolled in its Ph.D. program in philosophy. Although he received a full academic scholarship, he struggled to support his family, and soon left school to open his cleaning business. In the documentary on Poland’s new generation of businessmen, Bala says, “Reality came and kicked me in the ass.” With an air of resignation, he continues, “Once, I planned to paint graffiti on walls. Now I’m trying to wash it off.”