Scene of the Crime

by Les MacDonald

  Ed Gein in custody

  On March 27, 1958 the Gein farmhouse was destroyed by fire. Arson was found to be the cause but no one was ever charged. Carnival operator Bunny Gibbons paid $760 for the car (a 1949 Ford) that Gein had used to haul his victims in. It was billed as Ed Gein’s Ghoul Car and he charged 25 cents a pop for carnival goers to view it.

  Ed Gein died of cancer in the Mendota Mental Health Institute in Madison, Wisconsin on July 26, 1984. He was 77 years old.

  From the Pros to the Penitentiary

  Author’s note: I came across what I consider to be a stunning statistic while researching this chapter. The third leading cause of death in pregnant women is homicide. A study showed that 20% of women who die during pregnancy are murdered. This is just one of the shocking stories that contribute to that statistic.

  Charlotte, North Carolina 1999: Rae Carruth was born on January 20, 1974 in Sacramento, California. He was a natural athlete and since his early teens had dreamed about playing in the NFL. He was not the greatest student in high school but he did play football for Valley High in Sacramento. His on field performance opened the doors to college and a sports scholarship was his ticket to the University of Colorado. Carruth played four seasons for the University of Colorado Buffaloes. He took part in the Miracle at Michigan game during which the Buffaloes came back from a 26-14 deficit in the last two minutes to win 28-26. With six seconds left and Colorado trailing 26-21 Kordell Stewart tossed a 64 yard Hail Mary that was deflected into the hands of Michael Westbrook for the winning score. Carruth was also in the end zone on the winning play. Stewart, Westbrook and Carruth would all go on to play in the NFL. Rae had improved his grades throughout his college career and was named a football and academic All-American in his senior year. The future looked bright!

  Carruth in Colorado

  Rae Carruth was drafted in the first round of the 1997 NFL Draft. He was taken in the first round, twenty-seventh overall by the Carolina Panthers. The wide receiver was signed to a four year 3.7 million dollar contract. Rae started 14 games for the Panthers in his rookie season. He hauled in four touchdown passes (tops for rookies in 1997) and was named to the All-Rookie team as receiver. Rae was enjoying the lifestyle and the company of many different women. In 1997 a paternity suit was filed against him. Rae lost. Having been proven to be the father, Rae was ordered to make child support payments of $3,500 per month. Still, Rae was the starting wide receiver for the Panthers and money should not have been too much of a problem. However, things took a bit of a turn in the first game of the 1998 season. In that game, a home game vs. the Atlanta Falcons, Rae broke his right foot. It turned out to be a season ending injury. Rae was put on the injury list and would hopefully be ready to go for the 1999 season. It was around this time that he met Cherica Adams, an exotic dancer. The pair began a casual relationship with Rae also dating other women. During the spring of 1999 Cherica announced to Rae that she was pregnant. Rae, who was already locked in to child support payments for one child, now had visions of more money flying out the window to support another child that he did not want. He suggested to Cherica that she have an abortion. She refused and was excited about the prospects of having the baby. Carruth became distant and the couple only saw each other a few times before the new season started up in September. Rae was off to a decent start in 1999 but then he suffered a broken ankle in the team’s fourth game of the season. There were rumors that the Panthers front office was worried that Carruth was injury prone. Carruth himself, who had made a few bad investments, now began to worry about his job security. The Panthers put him back on the injured list and continued to pay his salary.

  Cherica Adams

  Rae and Cherica had not been seeing much of each other so when Rae called to make a date to see a movie Cherica was pleased. She was now seven months pregnant. On the night of November 15, 1999 the pair went to the Regal Theater in South Charlotte to see a movie that began at 9:45pm. It was over right around midnight. Rae made a quick call on his cell and Cherica heard him say that “we’re leaving now.” They left in separate cars with Rae driving his Ford Explorer and Cherica following him in her BMW. On a dimly lit rode in Charlotte, with Cherica behind him, Rae suddenly stopped. Cherica applied the brakes and a car pulled up alongside her. Three men were in the car and the man in the back seat aimed his gun and fired five times into Cherica's car. Cherica was hit by four bullets in the neck, chest and back. The shooters then sped off and were followed by Rae Carruth. Cherica, still alive, called 911. She was able to tell the 911 operator that she was pregnant and that the father of her child was Rae Carruth, the football player. She also told the dispatcher that Carruth was present at the attack and had watched. Police rushed Cherica to the Charlotte Medical Center and she was hurried into surgery. The doctors performed an emergency caesarian and were able to save the baby. Chancellor Lee Adams was born ten weeks prematurely. He would face many issues due to the lack of oxygen to the brain after the shooting.

  Cherica lived for 28 days and was able to write notes informing the police that Carruth had blocked her only path of escape with his vehicle. On December 6 Rae Carruth along with 44 year old William Van Brett Watkins, 24 year old Michael Kennedy and 19 year old Stanley Abraham were all charged with attempted murder. Carruth was freed on $3 million dollars bond while agreeing to the condition that if either Cherica or the baby died he would turn himself in. When Cherica died eight days later Rae Carruth took off. With Carruth on the run, the Carolina Panthers cut all ties with the wide receiver. Until then he had been suspended with pay.

  Rae hit the road with a female friend and kept in touch with his mother via cell phone. His mother, hoping to save her son from a violent end, cooperated with the police. Carruth was found hiding in the trunk of his friend’s vehicle outside a motel in Tennessee. There was also $3,900 in cash, clothes, energy bars and a bottle to hold his urine inside of the trunk. Carruth and the others were now charged with first degree murder making Cherica’s death a capital offence. The trial began on November 20, 2000. The prosecution would seek the death penalty. The defence put forth that the shooting was part of a drug deal gone bad and that Cherica was killed because Rae did not pay up. Van Brett Watkins admitted to being the shooter saying, “I fired one shot, then four more shots bam bam bam bam. She was screaming. She was drowning in her own blood. You could hear the gurgling sound.” He also testified that Rae Carruth had paid him to kill Cherica so that he would not have to support the child. He also said that Rae Carruth had watched the attack in his rear view mirror. Watkins had pleaded guilty to second degree murder and was sentenced to 40 years in prison. Michael Kennedy, the driver of the car, had also pleaded guilty to second degree murder and he was sentenced to 11 years and eight months. Stanley Abraham, the 19 year old had pleaded guilty to being an accessory and received 90 days and five years probation. Rae Carruth had pleaded not guilty to first degree murder and conspiracy to commit murder. He was acquitted of the first degree murder charge but was found guilty of conspiracy to commit murder. He received a sentence of between 18 and 24 years.

  On February 15, 2011 an appeals court turned down Carruth’s appeal for a new trial. His lawyers had argued that the trial judge wrongfully admitted Cherica’s deathbed statements into the testimony. The appeals court agreed that certain parts of her statements should have been excluded but found that it was just a small part of the evidence that convicted Carruth. He continues to serve out his sentence in the Nash Correctional Institute near Rocky Mount, North Carolina.

  Chancellor Adams with his grandmother

  Cherica’s son, Chancellor Lee Adams was born with cerebral palsy due to the attack. He is being raised by Cherica’s mother Saundra. There is video of now 14 year old Chancellor available on YouTube. He has to work extremely hard to do what most boys his age take for granted. He can now walk 180 steps without help. His story and that of his grandmother Saundra is very touching. So many lives were touched and changed forever on that dark, lonely street in Ch
arlotte back in 1999…all because of one man’s greed. My son Tristan and I were talking today about how Rae Carruth probably could have come back from his injury, if not with the Panthers almost certainly another team would have given him a tryout. One thing we do know for sure. Rae Carruth’s sentence was not long enough…not even close.

  Nightmare on Elm Drive

  Lyle (left) and Erik Menendez

  “I have heard of very few murders that were more savage.”

  -Beverly Hills Police Chief Marvin Iannon

  Beverly Hills, California 1989: Joseph Lyle Menendez was born on January 10, 1968 and his brother Erik was born on November 27, 1970. Joseph preferred to be called by his middle name Lyle and eventually that was what everyone would know him by. The boys grew up in Princeton, New Jersey where their father Jose was a well known entertainment executive. Their mother Mary aka Kitty worked as a school teacher but quit after Erik was born to become a full time homemaker. The family moved to California when Jose was offered a seat on the Board of Directors of Carolco. Carolco was making a big splash in Hollywood at the time as an indie film production company backing such productions as Stallone’s Rambo movies and Schwarzenegger’s Terminator series.

  Lyle would go back to New Jersey to attend Princeton University. Poor grades and a series of disciplinary problems forced the university to put him on academic probation. Later, when accused of plagiarism, Lyle left the university and headed back to California and the comfort of the family mansion in Beverly Hills. To a casual observer, it must have seemed that the Menendez family was living the American Dream. Jose was the wealthy executive. Kitty was the stay at home Mom. Two sons, one in Princeton and the other about to attend UCLA. A mansion in Beverly Hills and a lot more money than they ever needed. What on earth could possibly go wrong? The answer to that question is a lot could go wrong...and did. Jose was a strict father who expected the best from his sons. He was also engaging in multiple affairs which had Kitty in therapy to try to deal with her husband’s infidelity.

  The Menendez mansion in Beverly Hills

  In the summer of 1988 after Lyle had left Princeton, the brothers embarked on a Beverly Hills crime spree. They broke into a number of homes and stole cash and jewellery. It is estimated that they netted a little over $100,000 for their efforts. Whatever the amount, it was enough to have them charged with Grand Theft Burglary. When facing the justice system in California, it helps to have money. Just ask OJ. Jose hired one of California’s best defence lawyers, Gerald Chaleff. A deal was worked out that saw the boys plead guilty to the crimes. The penalty was community service and psychological counseling. Oh yes, one more thing. Jose had to reimburse the families for items that the boys had stolen and had already either discarded or sold.

  Jose was now more than a little pissed off at his two sons. He threatened to cut both Erik and Lyle out of his will. There were literally millions of dollars at stake. Kitty, already in therapy, was scared to death of her two sons. On July 19, 1989 she told her therapist that her sons were “narcissistic, lacked conscience and exhibited signs that they were sociopaths.” On August 19, Jose and Kitty appeared to attempt to reach out to their sons. They chartered a boat at Marina Del Rey and the family went shark fishing. If it was an attempt to become closer, it failed miserably. According to the boat’s crew, the family was pretty much non-communicative during the outing. Jose fished alone from the back of the boat. Lyle and Erik stayed together at the front of the boat. Kitty stayed below the deck due to a bout of sea-sickness. Possibly Lyle and Erik were discussing what was to take place the very next night. That was the night that the dysfunctional family exploded, leaving two dead and the other two lives changed forever.

  Lyle, Erik, Kitty and Jose Menendez

  It was a Sunday night on August 20, 1989. Jose was sitting up with his feet on the coffee table. Kitty was lying on the sofa with her head in her husband’s lap. Roger Moore as James Bond in The Spy Who Loved Me was playing in the VCR. The boys entered the home through the French doors in the study. They walked slowly down the hall towards the living room. They were both armed with shotguns. As soon as they saw their parents they started firing. Jose was hit many times with the fatal blow being a shot to the back of the head. Kitty managed to get up and start to run but she also was gunned down. The boys used all of their ammunition and, when they were finished, their mother and father were unrecognizable. Lyle and Erik then stuck to their plan to establish an alibi. They drove down Mulholland Drive and dumped the shotguns and casings in the canyon. Then they got rid of their bloody clothes in a dumpster at a gas station and headed to the movies. They attempted to buy a ticket to see the latest Bond movie Licence To Kill but there was a huge lineup so they opted for Batman which they had already seen once. Then they went home to “discover” the bodies. At 11:47 the following 911 call was made from their home on Elm Drive.

  Dispatcher: Beverly Hills emergency.

  Lyle Menendez: Yes, police, uh...

  Dispatcher: What's the problem?

  Lyle: We're the sons (caller begins to sob)...

  Dispatcher: What's the problem? What's the problem?

  Lyle: (Still crying) They shot and killed my parents!

  Dispatcher: What? Who? Are they still there?

  Lyle: Yes.

  Dispatcher: The people who...

  Lyle: No, no.

  Dispatcher: They were shot?

  Lyle: Erik, man, don't.

  Dispatcher: (Talking over the background sounds of screams and Lyle shouting, "Erik, shut up!") I have a hysterical person on the phone. Is the person still there?

  Second Dispatcher: What happened? Have you been able to figure out what happened?

  Lyle: I don't know.

  Second Dispatcher: You came home and found who shot?

  Lyle: My mom and dad.

  First Dispatcher: Are they still in the house, the people who did the shooting?

  Lyle: (Screaming) Erik! Get away from them!

  Second Dispatcher: Who is the person who is shot?

  Lyle: My mom and dad!

  The crime scene at 722 N. Elm Drive in Beverly Hills

  Within minutes police officers and paramedics were at the scene. It was far too late for Jose and Kitty Menendez. The behavior of the brothers after the murders had many scratching their heads. Within days of the murders, Lyle and Erik went on a lavish spending spree. They charged over $100,000 to Jose’s American Express card. Lyle bought himself a Porsche while Erik settled for a new Jeep Wrangler. They travelled in limousines and hired bodyguards. Lyle bought a restaurant in New Jersey which lost money. Erik had dreams of being a pro tennis player and hired a full-time coach. Before the end of the year the brothers had spent more than $1,000,000. Homicide investigators were watching their every move with growing interest. On October 31 Erik had an appointment with his psychotherapist Jerome Oziel. Out of the blue he told Oziel, “We did it. We killed our parents.” When Lyle found out he just about had a fit. He went straight to Oziel’s office and threatened to kill him if he told anyone. The threat was the big mistake. Until then, the brothers were protected by patient confidentiality. The threat meant that Oziel could turn the boys in if he chose to do so. He didn’t at the time but he continued to tape the sessions.

  Erik (left) hoped to be a tennis pro

  In March 1990 the authorities figured that they had enough and proceeded to arrest Lyle Menendez in Los Angeles. Erik was in Israel playing in a tennis tournament. When he learned that his brother had been arrested he flew back to California. He was immediately arrested at the airport. Two weeks later they were both charged in the first degree murder of their parents. After many delays the trial got underway on July 20, 1993.

  The trial became a media event

  In an interesting twist the bothers were tried together but had separate juries. Lyle and Erik admitted to the murders but claimed that they were committed in self defence. They claimed that they had only turned to murder after years of physical, emotional and sexua
l abuse at the hands of their parents. The prosecution claimed that the motive was obvious…and it wasn’t abuse. It was plain old greed. With their parents out of the way, the brothers stood to inherit millions and would be able to lead the lifestyle that they wanted. Everyone saw a glimpse of that lifestyle in the weeks and months following the murders. When the trial ended, neither jury could reach a decision. On January 28, 1994 Judge Stanley Weisberg declared a mistrial. He set a date of February 28, 1995 for the new trial to begin.

  .

  Lyle and Erik during their second trial

  More legal wrangling pushed the date of the second trial back to August. The question of the admissibility of the taped sessions with Erik and his psychotherapist Jerome Oziel was the major cause for the delay. In the end the California Supreme Court ruled that one tape would be admissible and would be played for the jury. It was a huge win for the prosecution. The brothers would be tried together again but this time there would be only one jury. The trial came to a close on March 20, 1996. The jury found both brothers guilty of first degree murder as well as conspiracy to commit murder. Judge Weisberg sentenced the brothers to two life sentences each with no possibility of parole. In 1998 the California Court of Appeals upheld the convictions. Two months later the California Supreme Court did the same.