The Best American Crime Reporting 2009

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The Best American Crime Reporting 2009 Page 13

by Jeffrey Toobin


  Wroblewski pressed him about the curious details in “Amok.” Bala later told me, “It was insane. He treated the book as if it were my literal autobiography. He must have read the book a hundred times. He knew it by heart.” When Wroblewski mentioned several “facts” in the novel, such as the theft of the statue of St. Anthony, Bala acknowledged that he had drawn certain elements from his life. As Bala put it to me, “Sure, I’m guilty of that. Show me an author who doesn’t do that.”

  Wroblewski then played his trump card: the cell phone. How did Bala get hold of it? Bala said that he couldn’t remember—it was five years ago. Then he said that he must have bought the phone at a pawnshop, as he had done several times in the past. He agreed to take a polygraph test.

  Wroblewski helped to prepare the questions for the examiner, who asked:

  Just before Dariusz Janiszewski lost his life, did you know this would happen?

  Were you the one who killed him?

  Do you know who actually murdered him?

  Did you know Janiszewski?

  Were you in the place where Janiszewski was held hostage?

  Bala replied no to each question. Periodically, he seemed to slow his breathing, in the manner of a scuba diver. The examiner wondered if he was trying to manipulate the test. On some questions, the examiner suspected Bala of lying, but, over all, the results were inconclusive.

  In Poland, after a suspect is detained for forty-eight hours, the prosecutor in the case is required to present his evidence before a judge and charge the suspect; otherwise, the police must release him. The case against Bala remained weak. All Wroblewski and the police had was the cell phone, which Bala could have obtained, as he claimed, from a pawnshop; the sketchy results of a polygraph, a notoriously unreliable test; a book on hanging that Bala might not even have purchased; and clues possibly embedded in a novel. Wroblewski had no motive or confession. As a result, the authorities charged Bala only with selling stolen property—Janiszewski’s phone—and with paying a bribe in an unrelated business matter, which Wroblewski had uncovered during the course of his investigation. Wroblewski knew that neither charge would likely carry any jail time, and although Bala had to remain in the country and relinquish his passport, he was otherwise a free man. “I had spent two years trying to build a case, and I was watching it all collapse,” Wroblewski recalled.

  Later, as he was flipping through Bala’s passport, Wroblewski noticed stamps from Japan, South Korea, and the United States. He remembered that the Web site of the television show “997” had recorded page views from all of those countries—a fact that had baffled investigators. Why would anyone so far away be interested in a local Polish murder? Wroblewski compared the periods when Bala was in each country with the timing of the page views. The dates matched.

  BALA, meanwhile, was becoming a cause célèbre. As Wroblewski continued to investigate him for murder, Bala filed a formal grievance with the authorities, claiming that he had been kidnapped and tortured. When Bala told his friend Rasinski that he was being persecuted for his art, Rasinski was incredulous. “I figured that he was testing out some crazy idea for his next novel,” he recalls. Soon after, Wroblewski questioned Rasinski about his friend. “That’s when I realized that Krystian was telling the truth,” Rasinski says.

  Rasinski was shocked when Wroblewski began to grill him about “Amok.” “I told him that I recognized some details from real life, but that, to me, the book was a work of fiction,” Rasinski says. “This was crazy. You cannot prosecute a man based on the novel he wrote.” Beata Sierocka, Bala’s former professor, who was also called in for questioning, says that she felt as if she were being interrogated by “literary theorists.”

  As outrage over the investigation mounted, one of Bala’s girl-friends, Denise Rinehart, set up a defense committee on his behalf. Rinehart, an American theatre director, met Bala while she was studying in Poland, in 2001, and they had subsequently travelled together to the United States and South Korea. Rinehart solicited support over the Internet, writing, “Krystian is the author of a fictional philosophical book called ‘Amok.’ A lot of the language and content is strong and there are several metaphors that might be considered against the Catholic Church and Polish tradition. During his brutal interrogation they referenced his book numerous times, citing it as proof of his guilt.”

  Dubbing the case the Sprawa Absurd—the Absurd Matter—the committee contacted human-rights organizations and International PEN. Before long, the Polish Justice Ministry was deluged with letters on Bala’s behalf from around the world. One said, “Mr. Bala deserves his rights in accordance with Article 19 of the U.N. Declaration of Human Rights that guarantees the right to freedom of expression…. We urge you to insure there is an immediate and thorough investigation into his kidnapping and imprisonment and that all of those found responsible are brought to justice.”

  Bala, writing in imperfect English, sent out frantic bulletins to the defense committee, which published them in a newsletter. In a bulletin on September 13, 2005, Bala warned that he was being “spied” on and said, “I want you to know that I will fight until the end.” The next day, he said of Wroblewski and the police, “They have ruined my family life. We will never talk loud at home again. We will never use Internet freely again. We will never make any phone calls not thinking about who is listening. My mother takes some pills to stay calm. Otherwise she would get insane, because of this absurd accusation. My old father smokes 50 cigs a day and I smoke three packs. We all sleep 3–4 hours daily and we are afraid of leaving a house. Every single bark of our little dog alerts us and we don’t know what or who to expect. It’s a terror! Quiet Terror!”

  The Polish authorities, meanwhile, had launched an internal investigation into Bala’s allegations of mistreatment. In early 2006, after months of probing, the investigators declared that they had found no corroborating evidence. In this instance, they insisted, Bala’s tale was indeed a mytho-creation.

  “I HAVE INFECTED YOU,” Chris warns the reader at the beginning of “Amok.” “You will not be able to get free of me.” Wroblewski remained haunted by one riddle in the novel, which, he believed, was crucial to solving the case. A character asks Chris, “Who was the one-eyed man among the blind?” The phrase derives from Erasmus (1469–1536), the Dutch theologian and classical scholar, who said, “In the kingdom of the blind, the one-eyed man is king.” Who in “Amok,” Wroblewski wondered, was the one-eyed man? And who were the blind men? In the novel’s last line, Chris suddenly claims that he has solved the riddle, explaining, “This was the one killed by blind jealousy.” But the sentence, with its strange lack of context, made little sense.

  One hypothesis based on “Amok” was that Bala had murdered Janiszewski after beginning a homosexual affair with him. In the novel, after Chris’s closest friend confesses that he is gay, Chris says that part of him wanted to “strangle him with a rope” and “chop a hole in a frozen river and dump him there.” Still, the theory seemed dubious. Wroblewski had thoroughly investigated Janiszewski’s background and there was no indication that he was gay.

  Another theory was that the murder was the culmination of Bala’s twisted philosophy—that he was a postmodern version of Nathan Leopold and Richard Loeb, the two brilliant Chicago students who, in the nineteen-twenties, were so entranced by Nietzsche’s ideas that they killed a fourteen-year-old boy to see if they could execute the perfect murder and become supermen. At their trial, in which they received life sentences, Clarence Darrow, the legendary defense attorney who represented them, said of Leopold, “Here is a boy at sixteen or seventeen becoming obsessed with these doctrines. It was not a casual bit of philosophy with him; it was his life.” Darrow, trying to save the boys from the death penalty, concluded, “Is there any blame attached because somebody took Nietzsche’s philosophy seriously and fashioned his life upon it?…It is hardly fair to hang a nineteen-year-old boy for the philosophy that was taught him at the university.”

  In “Amok,” Chr
is clearly aspires to be a postmodern Übermensch, speaking of his “will to power” and insisting that anyone who is “unable to kill should not stay alive.” Yet these sentiments did not fully explain the murder of the unknown man in the novel, who, Chris says, had “behaved inappropriately” toward him. Chris, alluding to what happened between them, says teasingly, “Maybe he didn’t do anything significant, but the most vicious Devil is in the details.” If Bala’s philosophy had justified, in his mind, a break from moral constraints, including the prohibition on murder, these passages suggested that there was still another motive, a deep personal connection to the victim—something that the brutality of the crime also indicated. With Bala unable to leave Poland, Wroblewski and his team began to question the suspect’s closest friends and family.

  Many of those interrogated saw Bala positively—“a bright, interesting man,” one of his former girlfriends said of him. Bala had recently received a reference from a past employer at an English-instruction school in Poland, which described him as “intelligent,” “inquisitive,” and “easy to get along with,” and praised his “keen sense of humor.” The reference concluded, “With no reservation, I highly recommend Krystian Bala for any teaching position with children.”

  Yet, as Wroblewski and his men deepened their search for the “Devil in the details,” a darker picture of Bala’s life began to emerge. The years 1999 and 2000, during which time his business and his marriage collapsed—and Janiszewski was murdered—had been especially troubled. A friend recalled that Bala once “started to behave vulgarly and wanted to take his clothes off and show his manliness.” The family babysitter described him as increasingly drunk and out of control. She said he constantly berated his wife, Stasia, shouting at her that “she slept around and cheated on him.”

  According to several people, after Bala and his wife separated, in 2000, he remained possessive of her. A friend, who called Bala an “authoritarian type,” said of him, “He continuously controlled Stasia, and checked her phones.” At a New Year’s Eve party in 2000, just weeks after Janiszewski’s body was found, Bala thought a bartender was making advances toward his wife and, as one witness put it, “went crazy.” Bala screamed that he would take care of the bartender and that he had “already dealt with such a guy.” At the time, Stasia and her friends had dismissed his drunken outburst. Even so, it took five people to restrain Bala; as one of them told police, “He was running amok.”

  As Wroblewski and his men were trying to fix on a motive, other members of the squad stepped up their efforts to trace the two suspicious telephone calls that had been made to Janiszewski’s office and to his cell phone on the day he disappeared. The public telephone from which both calls were made was operated with a card. Each card was embedded with a unique number that registered with the phone company whenever it was used. Not long after Bala was released, the telecommunications expert on the Janiszewski case was able to determine the number on the caller’s card. Once the police had that information, officials could trace all the telephone numbers dialled with that same card. Over a three-month period, thirty-two calls had been made. They included calls to Bala’s parents, his girlfriend, his friends, and a business associate. “The truth was becoming clearer and clearer,” Wroblewski said.

  Wroblewski and his team soon uncovered another connection between the victim and the suspect. Malgorzata Drozdzal, a friend of Stasia’s, told the police that in the summer of 2000 she had gone with Stasia to a night club called Crazy Horse, in Wroclaw. While Drozdzal was dancing, she saw Stasia talking to a man with long hair and bright-blue eyes. She recognized him from around town. His name was Dariusz Janiszewski.

  Wroblewski had one last person to question: Stasia. But she had steadfastly refused to coöperate. Perhaps she was afraid of her ex-husband. Perhaps she believed Bala’s claim that he was being persecuted by the police. Or perhaps she dreaded the idea of one day telling her son that she had betrayed his father.

  Wroblewski and his men approached Stasia again, this time showing her sections of “Amok,” which was published after she and Bala had split up, and which she had never looked at closely. According to Polish authorities, Stasia examined passages involving Chris’s wife, Sonya, and was so disturbed by the character’s similarities to her that she finally agreed to talk.

  She confirmed that she had met Janiszewski at Crazy Horse. “I had ordered French fries, and I asked a man next to the bar whether the French fries were ready,” Stasia recalled. “That man was Dariusz.” They spent the entire night talking, she said, and Janiszewski gave her his phone number. Later, they went on a date and checked into a motel. But before anything happened, she said, Janiszewski admitted that he was married, and she left. “Since I know what it’s like to be a wife whose husband betrays her, I didn’t want to do that to another woman,” Stasia said. The difficulties in Janiszewski’s marriage soon ended, and he and Stasia never went out together again.

  Several weeks after her date with Janiszewski, Stasia said, Bala showed up at her place in a drunken fury, demanding that she admit to having an affair with Janiszewski. He broke down the front door and struck her. He shouted that he had hired a private detective and knew everything. “He also mentioned that he had visited Dariusz’s office, and described it to me,” Stasia recalled. “Then he said he knew which hotel we went to and what room we were in.”

  Later, when she learned that Janiszewski had disappeared, Stasia said, she asked Bala if he had anything to do with it, and he said no. She did not pursue the matter, believing that Bala, for all his tumultuous behavior, was incapable of murder.

  For the first time, Wroblewski thought he understood the last line of “Amok”: “This was the one killed by blind jealousy.”

  SPECTATORS FLOODED INTO THE COURTROOM in Wroclaw on February 22, 2007, the first day of Bala’s trial. There were philosophers, who argued with each other over the consequences of postmodernism; young lawyers, who wanted to learn about the police department’s new investigative techniques; and reporters, who chronicled every tantalizing detail. “Killing doesn’t make much of an impression in the twenty-first century, but allegedly killing and then writing about it in a novel is front-page news,” a front-page article in Angora, a weekly based in Lodz, declared.

  The judge, Lydia Hojenska, sat at the head of the courtroom, beneath an emblem of the white Polish eagle. In accordance with Polish law, the presiding judge, along with another judge and three citizens, acted as the jury. The defense and the prosecution sat at two unadorned wooden tables; next to the prosecutors were Janiszewski’s widow and his parents, his mother holding a picture of her son. The public congregated in the back of the room, and in the last row was a stout, nervous woman with short red hair, who looked as if her own life were at stake. It was Bala’s mother, Teresa; his father was too distraught to attend.

  Everyone’s attention, it seemed, was directed toward a zoolike cage near the center of the courtroom. It was almost nine feet high and twenty feet long, and had thick metal bars. Standing in the middle of it, wearing a suit and peering out calmly through his spectacles, was Krystian Bala. He faced up to twenty-five years in prison.

  A trial is predicated on the idea that truth is obtainable. Yet it is also, as the writer Janet Malcolm has noted, a struggle between “two competing narratives,” and “the story that can best withstand the attrition of the rules of evidence is the story that wins.” In this case, the prosecution’s narrative resembled that of “Amok”: Bala, like his alter ego Chris, was a depraved hedonist, who, unbound by any sense of moral compunction, had murdered someone in a fit of jealous rage. The prosecution introduced files from Bala’s computer, which Wroblewski and the police had seized during a raid of his parents’ house. In one file, which had to be accessed with the password “amok,” Bala catalogued, in graphic detail, sexual encounters with more than seventy women. The list included his wife, Stasia; a divorced cousin, who was “older” and “plump” the mother of a friend, described as “old ass, ha
rd-core action” and a Russian “whore in an old car.” The prosecution also presented e-mails in which Bala sounded unmistakably like Chris, using the same vulgar or arcane words, such as “joy juices” and “Madame Melancholy.” In an angry e-mail to Stasia, Bala wrote, “Life is not only screwing, darling”—which echoed Chris’s exclamation “Fucking is not the end of the world, Mary.” A psychologist testified that “every author puts some part of his personality into his artistic creation,” and that Chris and the defendant shared “sadistic” qualities.

  During all this, Bala sat in the cage, taking notes on the proceedings or looking curiously out at the crowd. At times, he seemed to call into question the premise that the truth can be discerned. Under Polish law, the defendant can ask questions directly of the witnesses, and Bala eagerly did so, his professorial inquiries often phrased to reveal the Derridean instability of their testimony. When a former girlfriend testified that Bala once went out on her balcony drunk and acted as if he were on the verge of committing suicide, he asked her if her words might have multiple interpretations. “Could we just say that this is a matter of semantics—a of the word ‘suicide’?” he said.

  But, as the trial wore on and the evidence mounted against him, the postmodernist sounded increasingly like an empiricist, a man desperately looking to show gaps in the prosecution’s chain of evidence. Bala noted that no one had seen him kidnap Janiszewski, or kill him, or dump his body. “I’d like to say that I never met Dariusz, and there is not a single witness who would confirm that I did so,” Bala said. He complained that the prosecution was taking random incidents in his personal life and weaving them into a story that no longer resembled reality. The prosecutors were constructing a mytho-creation—or, as Bala’s defense attorney put it to me, “the plot of a novel.” According to the defense, the police and the media had been seduced by the most alluring story rather than by the truth. (Stories about the case had appeared under headlines such as “TRUTH STRANGER THAN FICTION” and “MURDER, HE WROTE.”)

 

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