Unholy Sacrifice

by Robert Scott

  Jewett spoke of mens rea, the criminal’s state of mind, and the anguish of the Stinemans—the horror of “what they saw in the last moments in the bathroom at Saddlewood.”

  Jewett then turned to Jenny Villarin. “She was a child of the ’70s. A free spirit. She was about the same age as Selina when she met Elvin Bishop. He truly did ‘fool around and fall in love.’ He fell in love with Jenny.

  “Selina was a little on the wild side, but she had lots of friends and was sweet. James Gamble was a classic gentleman. He helped his friends. He helped Jenny. He was a generous man.

  “You have all the evidence, but how do you apply it? This case is all about power! It’s the usurpation of power and the controlling of lives. You cannot consider punishment at this time. You must consider guilt.”

  Jewett spoke of Justin’s malice aforethought and his express intent to kill. He said that premeditation of thought preceded Justin’s acts. That made his killings, murder in the first degree. Jewett added that Justin, Taylor and Dawn intended to kill up to five people at Bob White’s house. He spoke of them carrying guns, knives and a blowtorch. They didn’t care whom they killed once they were inside the house.

  Jewett also said that Justin was part of the plot to kill Jenny Villarin, even though he wasn’t at Woodacre. Justin was supposed to find Jenny’s address in an address book in Selina’s car. Even though he didn’t follow through on that, he was still a co-conspirator.

  “It was a natural and probable consequence to the murders of Jennifer Villarin and James Gamble. A consequence of the original crime. Jennifer had to die because she could be tied to the extortion plot. The Children of Thunder was all about a conspiracy. All the acts preceding the crimes—the buying of guns, ammo, [personal watercraft]—were all overt acts because there was an intent to commit a crime. If you join a conspiracy, if you have knowledge of criminal events, you are liable for the crimes. The criminal acts of one are the criminal acts of all.”

  Jewett added, “I shudder to think what would have happened if Steve Nash hadn’t been involved. Would anybody at the Two Bird (restaurant) have been safe? Would Leora Soladay?”

  Jewett next spoke of Justin killing Ivan Stineman. Justin tried to smother him with his hands. When that didn’t work, he tried smothering him with a sheet of plastic. When that failed, he banged Ivan’s head on the floor until he was dead. Jewett said that even if Ivan died of a heart attack, it was Justin’s actions that caused him to die.

  “All of these acts were concurrent with kidnapping and robbery. You have the image of Justin in a chair with a gun on the floor, and the Stinemans on the couch. We’ll never know if that was a dare.

  “Children of Thunder was still in effect after the deaths. Extortion proceeded and Justin aided and abetted these proceedings. Both Taylor and Justin inflicted blows to Selina Bishop’s head. It remains a mystery who inflicted the antemortem wounds to her body. Even if it is never known, Justin aided and abetted in these acts. I can’t point to this knife (Justin’s knife) and say this was it. But the wounds to the body are consistent with it.”

  Referring to the photographs of Ivan, Annette and Selina’s dismembered bodies, Jewett said, “You didn’t see blood in those photographs. But those guys (Justin and Taylor) were covered in blood. One had to hold a body down while the other one cut. It took a minimum of two people. What happened there shows the heart and soul of Justin Helzer.”

  Jewett recounted that Justin was not a total robot to Taylor’s instructions. His journals spoke of religious ideas and concepts that were different from Taylor. He dabbled in mysticism, sorcery and Buddhism.

  “Besides murder, there was extortion, robbery, kidnapping and possession of illegal drugs. As to the drug use during the week of July thirtieth to August seventh, Justin was the one keeping his mind clear. He was straight and sober.”

  Jewett pointed directly at Justin and said, “He was the anchor for Children of Thunder! He provided the haven for the crimes. He put up the money for Saddlewood. We have Justin’s writing on a flowchart. Justin contemplated what would happen if they got caught. He made up an alibi for himself before the crimes were ever committed.”

  As to reasonable doubt, Jewett said, “The burden of proof never slides down to the other end of the table [in the guilt phase]. We didn’t even need Dawn Godman for this case. There is a mountain of evidence, both direct and circumstantial, as to Justin’s involvement. I don’t have to go farther than Clint Carter and Detective Solis. Justin’s fingerprints are on the Stinemans’ van. There are dozens of pieces of evidence. All of them corroborate Dawn Godman.

  “We have evidence that Justin walked first to the Stinemans’ door. He gave his brother a nod of the head. ‘Okay, we’re ready. Let’s get this puppy done!’ That was Justin’s state of mind.”

  Jewett reiterated the witnesses’ testimony, one by one. To Dawn Kirkland, Justin had mentioned religious ideas that did not correspond to Taylor’s ideas. It showed that he was capable of making up his own mind on issues. Johnette Gray, Justin’s fellow AT&T worker and housemate, told of him meditating and even telling her that he sometimes leaned toward her own belief of atheism.

  Jewett also spoke of Justin having a mean streak. When Sarah Brents said she only wanted to be friends with him, he told her, “I’ve only been friends with you to see if I could fuck you!”

  Jewett recalled, “Justin had two sides, sweet and hostile. He would shout obscenities in the bathroom.”

  As far as Taylor and Justin planning together, Keri Furman had said, “I had to leave the room when Taylor talked to Justin.”

  Jewett noted, “Taylor needed Justin and Dawn for Children of Thunder. Dawn was the secretary.” Then he pointed his finger at Justin and said, “Here’s the enforcer!”

  Jewett spoke of Brazil and Justin’s role in it. “Taylor planned to put it under Justin’s control. The board of twelve in Brazil would include Debra McClanahan and Carma Helzer.”

  Jewett pronounced that on July 30, 2000, the Children of Thunder declared war on Satan to the Universe. “There was no turning back. They all understood the impact of Children of Thunder. You heard that Mr. Nicolai [sic] called Justin a kind of Opie. I don’t see Ron Howard anywhere in the defendant!”

  Of his lengthy presentation, Jewett said, “I’m a builder. I spend a lot of time laying a foundation, even if it’s boring listening to it. I build the structure, piece by piece.

  “I’ll say it [again], Children of Thunder was all about kidnapping, robbery and murder. The whole idea was to get huge amounts of money. They used sex and drugs. They preyed upon human weaknesses. There was a key word on a scratch pad with monetary figures.”

  It was hard to read, but Jewett said, “The word looks like ‘wow.’ The wow is about a lot of money, not peace and joy and the war on Satan.

  “It was Justin’s handwriting about the Cal Fed branches in Piedmont, Novato and El Cerrito. Eventually they went to Cal Fed in Walnut Creek. Justin did the research in this.

  “Justin made a list when they moved into Saddlewood. He made a list of all his debts. All while Justin did his work at AT&T, his thought processes were on Children of Thunder.”

  Jewett recounted that when the body parts were placed into plastic bags, Justin was part of the process. Jewett said they didn’t need Dawn Godman to testify about this. The evidence itself spoke of Justin’s involvement. Justin was right-handed and Taylor was left-handed. Fifty percent of the twist ties on the plastic bags containing the remains of Ivan and Annette Stineman had been tied by a right-handed person. This happened while Godman was away and heading for the bank in Petaluma.

  Jewett noted that Justin once thought of himself as a troll from medieval fantasy. Then he rhetorically asked about the dismembered bodies of Ivan and Annette, “What kind of troll does that? It certainly doesn’t come from the Book of Mormon. It sounds kind of vampire-like.

  “Those people were mercilessly killed for Children of Thunder directly by the hands of Justin Helzer. Th
rough Children of Thunder, he is responsible for the deaths of Jennifer Villarin and James Gamble.”

  Jewett walked to a copy of the Bill of Rights hanging on the courtroom wall. He pointed at it and said, “Rights come from a thing called law. One instruction I want to remind you of is that a jury may not adopt a fixed opinion. We want you to deliberate. That is your responsibility.”

  Then as sort of a parting shot at Justin, Taylor and Dawn, he said, “They’re not the only ones who have some thunder!”

  If Harold Jewett’s voice reached a crescendo of anger near the end of his presentation, Daniel Cook’s voice was soft and restrained. He took a jab at Jewett for recalling testimony of 116 witnesses by saying, “Don’t worry, I won’t do that.”

  Cook said, “I saw that you were watching carefully during this trial. We have a ways to go, and the most important thing right now is to maintain our focus. You cannot be ruled by passion and emotion. I’m depending on every one of you to stay on track.

  “Remember your very first instructions. You are not to be influenced by sympathy or passion. This is not a contest to see who can exhibit the most outrage or shock. All of our consciences have been shocked. But we have a job to do. Approach this path dispassionately and fairly.

  “I feel that it is very important to point out an instruction that statements of lawyers are not evidence. The last thing I need to do is talk down to you. The shaking of his finger (by Jewett at Justin) is not evidence. You now have enormous power and authority. The system relies upon you. Rage and anger, maybe they are deserved, but they are not evidence. Don’t let theatrical demonstrations replace your good sense, for some blind pursuit of vengeance.

  “I don’t know that you needed a hammer pounded on the table. I don’t know if it was important to turn on a saw in this courtroom. Stay focused on the process.

  “I want to get right to the point. Counts five, six and eighteen have not been proven. The murders of Jennifer Villarin and James Gamble are not Justin’s responsibility. The question is: are these [crimes] proven beyond a reasonable doubt? I say, no.

  “Dawn was the classic aider and abetter. She shared the intentions and purpose in these murders (of Jennifer Villarin and James Gamble). She was the driver in that crime. Justin went to bed when the plot to kill Selina’s mother began between Taylor and Dawn.

  “You need your greatest powers to review evidence. The evidence doesn’t show that Justin was one of the planners. You’re smart people. You have common sense. I don’t have to stand here a day and a half (like Jewett) and tell you what to do. I have every faith in you. You will throw out the charges that haven’t been proven.”

  Harold Jewett had a few words of rebuttal. “We don’t care what Mr. Cook concedes and contests. Mr. Cook, why did I pound the hammer on the table? I would be negligent if I didn’t display the weapons of the crime. It showed the kind of force needed to cave in Selina’s head. At least one hundred thirty pounds of pressure, according to Dr. Reiber.

  “The same thing with the saw. It made a lot of noise. Dawn Godman could hear it in the other parts of the house.”

  As for the length of time it took to make his closing arguments, Jewett said, “We start from scratch and build a case. The case is reality. It is in the dimension of time. I won’t say that Mr. Cook told falsehoods, but he certainly ignored a lot of things. If Justin had knowledge of the plan to kill Jennifer, then he is guilty. The nine-millimeter gun was his. It was Justin’s gun that killed Jennifer and James.

  “I do get fired up. I defy anyone not to feel emotions in this case. You have been working hard and attentive, but you’ve got a lot of work ahead of you. I hope you’ll look at all the evidence.”

  CHAPTER 14

  The Fatal Phases

  It was not an unexpected event when the jury came back in on Tuesday, August 3, 2004, with a verdict of guilty for Justin Alan Helzer in the murders of Ivan Stineman, Annette Stineman and Selina Bishop. They did not find him guilty in the murders of Jennifer Villarin and James Gamble. According to Chris Darden, not one juror would look at Justin while the verdicts were being read. Darden also noted that it was exactly four years to the day since the murders had reached their culmination in the killing of Jennifer Villarin and James Gamble.

  After the verdicts had been read, Chris asked Carma Helzer, “How are you doing?” She answered, “Okay. I’ve been dealing with this for four years.”

  In fact, many of the court observers, and perhaps even Carma herself, agreed that Daniel Cook was saving his “legal ammunition” for the sanity phase. They basically believed that it was here where the real test of whether Justin Helzer would live or die would occur. The lack of witnesses called by Cook in the guilt phase seemed to confirm their suspicions. They also noted that to be ruled guilty by reason of insanity, in California, a defendant first had to be found guilty of the crime.

  As the sanity phase began, Justin wore his usual green sweater and slacks, but he seemed more talkative and animated with his lawyers. His mother, Carma, sat in the second row behind him, looking tired but alert. Gerry, his father, came in later and sat down by her side. Farther down the row, to the left, sat the Stineman daughters and relatives of Selina and Jenny.

  Unlike the guilt phase, the defense started opening remarks in the sanity phase. Speaking originally for the defense was Charles Hoehn. He said, “Our hearts go out to the victims’ families. This case is not like any other that I have seen. Mental illness underlies this case.

  “I’m here to put the evidence into context. Was Justin Helzer legally insane during the week of July 30, 2000? I believe he was. You’re going to learn about his life and his parents. Twenty-eight years of trying to be a good boy.”

  Hoehn spoke of how Taylor was diagnosed with mental illness in 1999, and how his mental state played a factor in Justin’s own mental illness. Hoehn told the jury that they could consider someone’s mental condition before and during the crime. He said, “Justin was always in the shadow of Taylor. Justin was never really loved by Carma. Not the way she loved Taylor.”

  Hoehn brought up the Hinckley case, where John Hinckley Jr. so desired Jodie Foster’s affection that he attempted an assassination of President Ronald Reagan. Hoehn compared that to Justin yearning for affection from Taylor. To lose Taylor’s love would be devastating for Justin. He would rather follow Taylor into murder than lose the affection of his older brother.

  Hoehn said, “Mental illness is not a choice. Mental illness is a tragedy. Because of Taylor’s beliefs, Justin truly believed he was acting as a warrior for God.”

  Hoehn brought up the fact that Justin was pushed by Taylor toward Mark 3:17 of the Bible:

  James, the son of Zeb’edee, and John, the brother of James, whom he surnamed Boanerges, that is “Sons of Thunder.”

  “Taylor overwhelmed his brother,” Hoehn said. “Justin was only a pair of hands to complement Taylor’s evil plans. According to experts, Justin could not tell right from wrong because of his mental illness. Justin was diagnosed with a shared delusional disorder called folie à deux. This was a shared mental disorder.”

  Hoehn explained how Taylor was put on antipsychotic medication in 1999. “He was taking a smorgasbord of drugs. He suffered from grandiose delusions. The shared psychosis between Taylor and Justin was that Taylor was a prophet of God.

  “The Church may have left Justin (his excommunication), but Justin never left the LDS Church.”

  Hoehn spoke of the Book of Mormon passage that declared that the faithful servant will get his just reward and admittance to the celestial kingdom. Hoehn said that by doing Taylor’s work, Justin believed he would be admitted into the celestial kingdom.

  Hoehn also spoke of the great differences between the brothers’ personalities. “Taylor was a Jim Jones–type person. The only male disciple he had, however, was his own brother, who he dominated all his life.”

  At this point, Jewett objected to Hoehn’s presentation, stating that Hoehn was doing a closing argument ins
tead of an opening statement. Judge O’Malley tended to agree and said, “You are doing a closing now. You need to tell what your witnesses will say.”

  Hoehn had a long conversation with Cook and then continued. Hoehn said, “Brandon Davids said Justin was weak-minded. Another cousin said Justin was mentally ill and that his family treated him as if he was retarded. ‘He was weird, but he didn’t make me nervous like Taylor.’”

  Hoehn stated, “This family were extremely devout Mormons until Impact. Justin went to Impact. He had a mental breakdown and began to sleep under the stairs. This is an American tragedy of untreated mental illness.

  “Did Justin know what he was doing was illegally wrong? Yes. But [to him], it was to save millions of lives. A divine waiver existed that superseded human lives.

  “Justin seemed to be composed, but he was encapsulated with delusions. Attention disorder. Socially antisocial disorder. The mania from Taylor was communicated to Justin.”

  In a very real sense, the battle for Justin’s life now would be played out by contending psychiatrists and psychologists. It was their testimony that could sway the jury into believing Justin was either sane or insane. It boiled down to whether Justin had understood the nature of his acts at the time of the crime. Both Jewett and Cook understood the important nature of this phase, and Jewett made several motions to restrict certain admissibility. In one motion, Jewett wanted to question each doctor about how much he had been paid by the defense to interview Justin. Cook argued that the jury wouldn’t understand that being such a long and complicated case meant that the doctors had needed a lot of time to write up their reports after having spent hours with Justin. This led to high costs because of the time spent on those reports.

  Judge O’Malley decided that Jewett could ask about the itemized expenses because those went to credibility.

  Another motion by Jewett concerned the fact that he had never received any notes from Dr. Dolgoff. Jewett said, “According to Code ten fifty-four, I am entitled to any and all writings of any type, i.e., notes, reports, anything that has to do with the Helzer case. Therefore I cannot effectively nor actively cross-examine someone when I have no idea of their position.”