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Crime Beat

Page 16

by Michael Connelly


  The divorce records contain allegations that Comtois had often beaten his wife and had a violent temper that sent him into uncontrollable rages.

  Another Failed Marriage

  Two years later, Comtois would tell a judge that the end of his marriage and failures in attempts to earn a legitimate living had led him into another cycle of crime and a deep involvement with drugs. He was convicted of possession of heroin with intent to sell and of being a convicted felon in possession of a firearm. He admitted he was addicted to the drug as well.

  “I started selling my jewelry and other items I owned and refused to believe I was addicted,” he wrote to the judge who would sentence him. “I didn’t know which way to turn. With the loss of everything, I started borrowing from business associates and friends until I had neither left.

  “When I finally accepted the fact I was addicted, I started selling drugs to satisfy my addiction.”

  Comtois pleaded to be placed in a drug rehabilitation program instead of prison, but the judge sent him to prison for three more years.

  Comtois was released from prison in 1977 and completed parole a year later. His activities between then and last month’s abduction in Chatsworth are now being documented by homicide detectives. “So far, I can’t find anything legitimate about him,” Detective Orozco said.

  What is known is that he moved to the San Fernando Valley, possibly to be closer to his two children who lived with his ex-wife in Van Nuys.

  Police said Comtois was a transient, living at an ever-changing string of addresses. He may have worked at times as a laborer, and he received a monthly disability payment for reasons unclear to police, but detectives believe he largely supported himself as a burglar and scam artist.

  Some of Comtois’ activities are already on record. Deputy Dist. Atty. Bradford Stone said Comtois walked into a bank in the Valley on Nov. 5, 1983, and attempted to cash a forged check for $75,000. When the teller attempted to verify the check, Comtois grabbed it back and left.

  Forgery Charge

  Three years later on Nov. 7, 1986, Comtois changed the date and took the same check into a bank in North Hollywood and deposited it in his account, Stone said. During the next week he went to other banks in Los Angeles and cashed $75,000 in checks against the account. When police finally sorted it all out, he was charged March 18 of this year with grand theft and forgery.

  Police say Comtois used the check scam money to buy $30,000 in gold and a new car. In January he also bought a small motor home, possibly with the same money.

  Released after posting $1,500 bail, Comtois was arrested at least two more times—in June on suspicion of burglary and in July on suspicion of driving a stolen car—before the abduction. Both times he was released on bail.

  By summer, Comtois was living in the brown-striped Roadstar motor home and moving freely about the Valley. Police said he was traveling with a companion, Marsha Lynn Erickson, though investigators have not discovered how or where they met.

  Erickson, police say, was a Los Angeles-born transient with a record of 12 arrests in the last decade on charges including prostitution, burglary and drug possession. None of the arrests led to prison sentences. Police and court records show that she was placed on probation for at least one conviction and into drug-treatment programs after another arrest.

  Erickson’s father described her as a long-term heroin addict whose need for the drug overcame any attempts to help her. He spoke on the condition that he not be identified.

  Companion Used Drugs

  “Drugs controlled her. Drugs destroyed her,” he said. “All of her problems stemmed from drugs. It was because of the heroin that she got involved in burglary and everything else. We took her to every program you could think of, but she always went back to it.”

  Erickson, who has had six children who were all put up for adoption, lived with her mother and father in their Chatsworth home in 1984 and 1985 while she took part in a drug-treatment program, her father said.

  But, about two years ago, she left the home, about a mile from the Lurline Avenue spot where Wendy Masuhara and her friend would be kidnapped, unable to shake her dependency, her father said. Her parents have had no contact with her since, but now live with the growing nightmare that their daughter is suspected of involvement in murder.

  “I can’t defend her because I really don’t know her anymore,” her father said. “But I do find it hard to believe she could have done anything this drastic. She was always a good kid before the drugs got her.”

  Erickson should have been in jail the night the two girls were abducted, authorities said. Last March 16, her probation for a 1983 conviction involving $3,200 in forged checks was revoked after probation officers learned that she had been arrested twice for thefts in 1986.

  A warrant for Erickson’s arrest was issued, but she was never picked up by police. Chet Baker, a supervisor in the county probation department’s Van Nuys office, said so many probation violation warrants are issued each year the police cannot handle them as priorities.

  “The warrant goes on the computer, but other than that the police can’t spend a lot of time on it,” Baker said. “There are thousands of these warrants out at any one time in L.A. Plus, Erickson was a transient. Where were the police going to go to pick her up?”

  Even after Erickson was arrested Aug. 19, she remained free, police said. When Northeast Division police arrested her on burglary charges, she gave a false name while being booked into jail. That allowed her to post bail before a fingerprint check identified her as Erickson and alerted police that she was wanted on the probation revocation warrant.

  Month from Slaying

  In less than a month, Wendy would be slain.

  “If things had worked right,” Baker said, “Erickson would have been sitting in jail when that took place.”

  Police explain the September abduction and murder as a crime of opportunity, an act of violent impulse. So far, police say, it appears that Comtois’ motor home was parked that night on Lurline Avenue near Devonshire Street by coincidence. It might have simply been the spot where Comtois stopped to fix a mechanical problem in the motor home.

  “Your guess is as good as mine as to why they did it,” said Harold Lynn, the deputy district attorney who will prosecute Comtois and Erickson. “We don’t believe they marked these particular victims for this. They just happened to be the ones that were there.”

  Wendy and her friend had just finished an evening of watching television at her family’s home on Lurline when Wendy decided to walk her friend to her home about a block away. But, parked in their path, police said, they found Roland Comtois’ motor home. Police said the girls were lured inside it when Erickson asked them for help.

  Comtois, who police say shot the girls, was shot by officers and captured four days after the abduction. He is recovering but was arraigned last week on several charges in connection with the Chatsworth abduction and slaying, including murder, attempted murder, kidnapping, forcing sex acts on the surviving girl and injecting her with cocaine. He pleaded not guilty. Erickson is still at large.

  The suspects could receive life imprisonment or the death penalty if convicted. But, prosecutors say, the fact that Comtois was even in a position to block the path of Wendy and her friend raised questions that some in the criminal justice system find disturbing.

  Lynn, the prosecutor, said the reality of the criminal justice system is that it is not rehabilitative.

  ‘Evil Until He Dies’

  “The theory of rehabilitation is a pie-in-the-sky dream,” he said. “You take a guy like Comtois, and he is evil from day one, and he is going to be evil until he dies. His record speaks for itself.”

  Prof. Ernest Kamm, chairman of the Department of Criminal Justice at California State University, Los Angeles, said a flaw in the way society tries to deal with someone like Comtois is in the presumption “that at one time the person was habilitated.”

  In fact, he said, “we find a great numb
er of people have never adopted the mores of society in the first place. And they can’t or don’t want to once they return from prison.”

  Kamm said that, although the answer to that might be the warehousing of career criminals to keep them from society, California laws aimed at enhancing sentences for repeat offenders and putting habitual criminals permanently in prison are often circumvented.

  “The reality is that there are too many holes in those laws,” he said. “People can get through them.”

  Lynn said Comtois had to commit an aggravated crime such as he is now accused of before he could be considered under the habitual crime law. He said Comtois’ previous convictions for robbery, burglary and drugs would not have applied.

  Coming and Going

  “Under our system, you don’t do life until you do something it considers serious,” Lynn said. “As long as he stayed below that line, he was one of the guys who kept coming in and going out.”

  Although guidelines allow longer sentences for criminals with previous convictions, it appears Comtois reduced his time in prison by pleading guilty in almost all of his convictions. When he faced the drug and weapon charges in 1974, records show that, in exchange for his guilty plea, his previous convictions were not considered at sentencing.

  Finally, authorities suggest, the system is too crowded and has too few resources to give individuals the attention required for true rehabilitation or for the protection of society.

  “The system cannot accommodate the intense flow of individuals,” Kamm said. “Too frequently, individuals never get out of the cycle. They may wind up doing intense damage to somebody.”

  Roland Comtois’ Criminal Record

  April 1941: At age 11, he is charged with petty theft and diagnosed as an incorrigible delinquent. He is committed to reform school in Attleboro, Mass.

  March 1947: Charged with breaking and entering in West Concord, Mass. He is given an indeterminate sentence limited to two years.

  May 1952: Charged with assault with intent to commit rape in New Bedford, Mass. He is sentenced to three to five years in prison.

  August 1955: Charged in Massachusetts in Peeping Tom incident. His parole is revoked.

  February 1960: Charged with attempted bank robbery in Los Angeles. He is sentenced to one year in federal prison.

  May 1960: Charged with burglary in La Mirada. His sentence is set to run concurrently with federal imprisonment.

  July 1961: Charged with robbery in Los Angeles. He is sentenced to five years to life in state prison.

  July 1974: Charged with possession of heroin with intent to sell and possession of a firearm by a convicted felon. He is sentenced to five years in state prison.

  March 18, 1987: Charged with grand theft and forgery in Los Angeles. The case is pending.

  June 1, 1987: Charged with burglary in Los Angeles. The case is pending.

  July 27, 1987: Charged with car theft in Los Angeles. Case dismissed.

  Sept. 24, 1987: Charged with murder, attempted murder, kidnapping and several other felonies in Los Angeles. Case is pending.

  Source: Court records and probation reports

  NOTE: Roland Comtois was convicted of murder and sentenced to death. In poor health because of drug abuse as well as being shot during his capture, he died in prison in 1994 while awaiting the carrying out of the sentence. Marsha Lynn Erickson was convicted of being his accomplice in the murder and was sentenced to life in prison.

  PART THREE

  THE CASES

  NAMELESS GRAVE

  IDENTITY OF MURDER VICTIM STILL SHROUDED IN MYSTERY

  SOUTH FLORIDA SUN-SENTINEL

  April 14, 1986

  THE GRAVE AT Hollywood Memorial Gardens has no name on it. There simply isn’t one to put there. The identity of the man who is buried there is a mystery.

  He was murdered March 11, 1985, in a Fort Lauderdale motel room. He was strangled. Authorities have since solved the mystery of who killed him; one man was convicted and sentenced to life in prison last week, and another suspect is being sought.

  What remains to be learned is the identity of the victim.

  “We don’t have anything, not a clue to who he was,” said Edwina Johnson, an investigator for the Broward County Medical Examiner’s Office. “We have gone to great lengths to find out. We’ve done everything we could think of and gotten no luck whatsoever. It would seem that somebody has to know who he was.”

  Fort Lauderdale Police Detective Phil Mundy said that in his 10 years in the homicide bureau there have been unidentified murder victims before, but not a case where a killer is caught and convicted while the name of the victim remains unknown.

  “It’s unusual,” he said. “In a whodunit type of murder, you first try to identify the dead man and go from there. But we never got anywhere with the identification. All we have is a dead man who has nothing extraordinary about his appearance. He could fit the description of thousands of men.”

  On police and medical examiner’s records, the murder victim is simply known as “unidentified white male, case no. 85-43959.” On court documents, photographs of the man slumped in the motel room and laid out on a medical examiner’s table are attached to that identification.

  The man is described as having been 5-foot-8, weighing 180 pounds, with brown hair, eyes and mustache. He was approximately 35 years old.

  He was found sprawled on the floor of a room at the Interlude Motel, 1215 S. Federal Highway. Police think he accompanied two male prostitutes to the room and then was robbed and killed. His body was nude. There were no clothes or other belongings in the room. No wallet. No I.D. Just the signs of a struggle and a bloody handprint on the wall—a print that would later lead to the identification of one of his killers.

  “There was nothing left in that room that could help us identify the victim,” said Mundy. “The killers took it with them.”

  So the detective started with the dead man’s fingerprints. They were sent to state and national agencies, to Canadian authorities and to Interpol for comparison. They got no matches.

  Missing persons bulletins were sent out across the country with an artist’s drawing of the victim attached. A few leads came back, but they were dead ends.

  “Nothing panned out. They weren’t our guy,” said Mundy. “Usually the description wouldn’t match. We ran down a few of the names we got and found each guy was still alive and well.”

  Locally, investigators had the drawing published in newspapers and magazines, put it on TV, passed it around hotels and bars frequented by a mostly homosexual clientele. They found no one who had seen the man.

  Believing the victim had been a tourist, investigators checked with auto rental agencies in Broward in hopes of finding a report of an overdue car with the name of the murder victim on it. They visited local car towing agencies to check on abandoned vehicles that had been towed in the city after the murder. They found no clues.

  “If he did rent a car, God knows where he rented it,” said Mundy.

  A month after the murder, the bloody palm print on the wall of the motel room led to the positive identification of Peter L. Ruggirello as a suspect. He was arrested in Jacksonville a year ago today. His accomplice, a man police identified as Wayne Moore, remains at large.

  Mundy said Ruggirello never cooperated with investigators in providing the name of the murder victim. At his trial in Broward Circuit Court, Ruggirello said the man’s name was Adam and that he had met him and Moore near the Backstreet bar on West Broward Boulevard near downtown. He denied being involved in the murder.

  Prosecutor Peter LaPorte said an informant told authorities that Ruggirello once said the man’s name was Henry Faulkner. Authorities aren’t sure whether either of the names is the real one but believe Ruggirello knows more about the man he is convicted of killing than he has said.

  “There are still a lot of questions that only Ruggirello and the individual that is still at large could answer,” said Mundy.

  Because of t
hose questions, Mundy keeps the investigation file on the top of his desk. The case is still open, though the chances of identifying the victim grow slimmer with time.

  “My guess is he was from out of state,” Mundy said. “He could have been reported missing in some other jurisdiction and we might never know it.”

  DOUBLE LIFE

  MICHAEL BRYANT’S DOUBLE LIFE

  Neighbors who knew the amiable man are shaken by the murder charge against him.

  LOS ANGELES TIMES

  April 22, 1990

  TO THOSE WHO KNEW him in Woodland Hills, Michael Bryant was a soft-spoken and generous man who kept mostly to himself.

  Though reclusive, he was far from unfriendly. He was quick to volunteer his help to neighbors. He sent Christmas cards and friendly notes to his landlady. He liked to show off the tricks he had taught his pet Doberman.

  Bryant, 44, told people he was a freelance photographer. But often he spent his time gardening in his fenced backyard and was proud of the cherry tomatoes he gave to friends. “They were better than you could buy in a supermarket,” his landlady said.

  But authorities say Michael Bryant and the life he led in Los Angeles was a facade; that, in fact, Bryant was Francis W. Malinosky, a Vermont school administrator who dropped from sight in 1979 after he became the prime suspect in the disappearance of a teacher with whom he had been romantically involved.

  Malinosky’s double life came to an end earlier this month when he was traced by local and Vermont authorities to Woodland Hills. He was arrested and charged with the murder of the missing teacher. And while Malinosky waits in Los Angeles County jail for an extradition hearing, mystery still surrounds him.

  Investigators say that when they searched Malinosky’s belongings they found cameras and a business card suggesting he, indeed, was a photographer. But the only photos found were of him smiling amid fields of marijuana plants. No tomatoes were found at his house, but police said several pounds of packaged marijuana seeds were found in the garage. And in the unpretentious, 23-year-old Volkswagen he drove, investigators found a coffee can crammed with $217,000 in $100 bills.

 

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