by Mark Bowden
Vanity Fair, December 2010
From the start, it was a bad case.
A battered twenty-one-year-old woman with long blonde curls was discovered facedown in the weeds, naked, at the western edge of Miami, where the neat grid of outer suburbia butts up against the high grass and black mud of the Everglades. It was early on a winter morning in 2005. A local power-company worker was driving by the empty lots of an unbuilt cul-de-sac when he saw her.
And much to his surprise, she was alive. She was still unconscious when the police airlifted her to Jackson Memorial Hospital. When she woke up in its trauma center, she could remember little about what had happened to her, but her body told an ugly tale. She had been raped, badly beaten, and left for dead. There was severe head trauma; she had suffered brain-rattling blows. Semen was recovered from inside her. The bones around her right eye were shattered. She was terrified and confused. She bent English to her native Ukrainian grammar and syntax, dropping pronouns and inverting standard sentence structure, which made her hard to understand. And one of the first things she asked for on waking was her lawyer. That was unusual.
Miami-Dade detectives learned that Inna Budnytska had been living for months at the Airport Regency Hotel, eight miles from where she was found. It is one of those crisply efficient overnight spots in the orbit of major airports that cater to travelers needing a bed between legs of long flights. She was employed by a cruise-ship line and had severely cut her finger on the job, so she was being put up at the hotel by her employers while she healed. The assault had begun, she said, in her room on the fourth floor. She described her attackers as two or three white men who spoke with accents she heard as “Hispanic,” but she wasn’t certain. She remembered one of the men pushing a pillow into her face, and being forced to drink something strong, alcoholic. Inna had fragments of memories like bits of a bad dream—of being held up or carried, of being thrown over a man’s shoulder as he moved down a flight of stairs, of being roughly violated in the back seat of a car, of pleading for her life. Powerful, cruel moments, but there was nothing solid, nothing that made a decent lead. When her lawyer soon after filed a lawsuit against the hotel, alleging negligence, going after potentially deep corporate pockets, the detectives thought something was fishy. This was not your typical rape victim. What if she was part of some sophisticated con?
The police detectives did what they could at the hotel, combing Inna’s room for evidence, interviewing hotel employees, obtaining images from all of the surveillance cameras for the morning of the crime, going over the guest lists. The hotel had 174 rooms, and so many people came and went that it would have taken months working full-time to run checks on every one of them—something beyond the resources of a police department in a high-crime area like Miami-Dade. The sex-crimes unit set aside the file with no clear leads, only more questions. After several weeks, “we were dried up,” recalled Allen Foote, the detective handling the case.
So the action was all headed toward civil court. The hotel engaged a law firm to defend itself from the woman’s lawsuit, and the firm eventually hired a private detective named Ken Brennan to figure out what had happened.
Foote was not pleased. It was usually a pain in the ass to have a private detective snooping around one of his cases. Brennan was right out of central casting—middle-aged, deeply tanned, with gray hair. He was a weight lifter and favored open-necked shirts that showed off both the definition of his upper pecs and the bright, solid-gold chain around his neck. The look said: mature, virile, laid-back, and making it. He had been divorced, and his former wife was now deceased; his children were grown. He had little in the way of daily family responsibilities. Brennan had been a cop on Long Island, where he was from, and had worked for eight years as an agent for the Drug Enforcement Administration (DEA). He had left the agency in the mid-90s to work as a commodities broker and to set up as a private detective. The brokering was not to his taste, but the investigating was. He was a warm, talkative guy, with a thick Long Island accent, who sized people up quickly and with a healthy strain of New York brass. If he liked you, he let you know it right away, and you were his friend for life, and if he didn’t . . . well, you would find that out right away too. Nothing shocked him; in fact, most of the salacious run-of-the-mill work that pays private detectives’ bills—domestic jobs and petty insurance scams—bored him. Brennan turned those offers away. The ones he took were mostly from businesses and law firms who hired him to nail down the facts in civil court cases, like this one.
He had a fixed policy. He told potential employers up front, “I’ll find out what happened. I’m not going to shade things to assist your client, but I will find out what the truth is.” Brennan liked it when the information he uncovered helped his clients, but that wasn’t a priority. Winning lawsuits wasn’t the goal. What excited him was the mystery.
The job in this case was straightforward. Find out who raped and beat this young woman and dumped her in the weeds. Had the attack even happened at the hotel, or had she slipped out and met her assailant or assailants someplace else? Was she just a simple victim, or was she being used by some kind of Eastern European syndicate? Was she a prostitute? Was she somehow implicated? There were many questions and few answers.
“I used to be a cop and a federal agent,” Brennan told Detective Foote, introducing himself at the offices of the Miami-Dade police sex-crimes unit. Foote had long, strawberry-blond hair, which he combed straight back, and a bushy blond mustache. He was about the same age as Brennan, who read him right away as a fellow member of the fraternity, somebody he could reason with on familiar terms.
“Look, you and I both know there’s no fucking way you can investigate this case,” Brennan said. “I can see this through to the end. I won’t step on your dick. I won’t do a thing without telling you about it. If I figure out who did it, you get the arrest. I won’t do anything to fuck it up for you.”
Foote saw logic in this and did something he ordinarily wouldn’t do; he shared what he had in his file: crime-scene photos, surveillance footage from the hotel security cameras, the victim’s confused statement. Foote had interviewed several hotel staff members, but they hadn’t seen a thing. He’d gone about as far as he could with it. He thought, “Good luck.”
The insurance adjuster had fared no better than Foote. As Brennan reviewed the adjuster’s detailed summary of the case in early November 2005, eight months after Inna Budnytska had been found, it was easy to see why. Her memory was all over the map. First she said she had been attacked by one man, then three, then two. At one point she said their accent might have been not “Hispanic” but “Romanian.” There was no evidence to implicate anyone.
The hotel had a significant security system. The property was fenced, and the back gates were locked and monitored. There were only a few points of entry and exit. During the night, the back door was locked and could be opened only remotely. There were two security guards on duty at all times. Each exit was equipped with a surveillance camera. There was one over the front entrance and one over the back, one in the lobby, one at the lobby elevator, and others out by the pool and the parking lot. All the hotel guests had digital key cards that left a computer record every time they unlocked the door to their rooms. It was possible to track the comings and goings of every person who checked in.
Brennan started where all good detectives start. What did he know for sure? He knew Inna Budnytska had gone up to her fourth-floor room at the Airport Regency at 3:41 a.m., that she had used her key card to enter her room at about the same time, and that she had been found at dawn in the weeds eight miles west. Somewhere in that roughly three-hour window, she had left the hotel. But there was no evidence of this on any of the cameras. So, how?
Inna was colorfully present on the video record, with her bright red puffy jacket and shoulder-length blonde curls. She had been in and out all night. After months of living in the hotel, she was clearly restless. She made frequent trips down to the lobby just to chat with ho
tel workers and guests, or to step outside for a smoke, and the cameras caught her every trip. She had gone out to dinner with a friend and returned around midnight, but she wasn’t done yet. She is seen exiting the elevator at about three in the morning, and the camera over the front entrance catches her walking away. She told investigators that she had walked to a nearby gas station to buy a phone card, because she wanted to call her mother back in Ukraine, where people were just waking up. Minutes after her departure, the camera catches her return. The lobby camera records her reentering the hotel and crossing the lobby. Moments later she is seen entering the elevator for her final trip upstairs. A large black man gets onto the elevator right behind her, and the recording shows them exchanging a few words. The police report showed her entering her room twenty minutes later, which had led to much speculation about where she was during that time. Inna had no memory of going anywhere but directly to her room. Brennan had checked the clock on the elevator camera and found that it ran more than twenty minutes behind the computer clock, which recorded the key swipes, solving that small mystery. After she entered the lobby elevator, she was not seen again by any of the cameras.
All the surveillance cameras were in perfect working order. They were not on continually; they were activated by motion detectors. Miami-Dade detectives had even tried to beat the motion detectors by moving very slowly, or finding angles of approach that would not be seen, but they had failed. No matter how slowly they moved, no matter what approach they tried, the cameras clicked on faithfully and caught them.
One possibility was that she had left through her fourth-floor window. Someone would have had to drop her out the window or somehow lower her, presumably unconscious, into the bushes below, and then exit the hotel and walk around to retrieve her. But Inna showed no signs of injury from such a drop, or marks from ropes, and the bushes behind the hotel had not been trampled. The police had examined them carefully, looking for any sign of disturbance or blood. It was also possible, with more than one assailant, that she had been lowered into the grasp of someone who had avoided disturbing the bushes, but Brennan saw that such explanations began to severely stretch credulity. Sex crimes are not committed by determined teams of attackers who come with padded ropes to lower victims from fourth-floor windows.
No, Brennan concluded. Unless this crime had been pulled off by a team of magicians, the victim had to have come down in the elevator to the lobby and left through the front door. The answer was not obvious, but it had to be somewhere in the video record from those cameras. “Needless to say, the big mystery here is how this woman got out of the hotel,” read the summary of the case prepared by the insurance adjuster. It was a mystery he had not been able to crack.
Brennan penciled one word on the memo: “Disguise?”
He began studying the video record with great care, until he could account for every coming and going. Whenever a person or a group arrived, the camera over the front door recorded it. Seconds later, the entries were captured by the lobby cameras, and then, soon after, by the elevator cameras. Room key records showed the arrivals entering their rooms. Likewise, those departing were recorded in the opposite sequence: elevator, lobby, front door. The parking-lot cameras recorded cars coming and going. One by one, Brennan eliminated scores of potential suspects. If someone had left the hotel before Inna reentered her room, and did not return, he could not have attacked her. Such people were eliminated. Those who entered and were not seen to leave were also eliminated, and likewise anyone exiting the hotel without a bag, or carrying only a small bag. Brennan eliminated no one without a clear reason, not even women or families. He watched carefully for any sign of someone behaving nervously or erratically.
This painstaking process ultimately left him with only one suspect: the man seen entering the elevator behind the victim at 3:41 a.m. He was a very large black man with glasses, who looked to be at least six foot four and upward of three hundred pounds. He and Inna are seen casually talking as they enter the elevator. The same man emerges from the elevator into the lobby less than two hours later, at 5:28 a.m., pulling a suitcase with wheels. The camera over the front door records him rolling the suitcase out toward the parking lot at a casual stroll. He returns less than an hour later, shortly before dawn, without the bag. He gets back on the elevator and heads upstairs.
Why would a man haul his luggage out of an airport hotel early in the morning, when he was not checking out, and then return to his room within the hour without it? That question, coupled with Brennan’s careful process of elimination, led him to the conclusion that Budnytska had been taken out of the hotel inside the big man’s suitcase.
But it seemed too small. It looked to be about the size that air travelers can fit into overhead compartments. However, the man himself was so big, perhaps the apparent size of the bag was an illusion. Brennan studied the video as the man exited the elevator and also as he left the hotel, then measured the doorways of both. When he matched visible reference points in the video—the number of tiles to each side of the bag as it was wheeled out the front door, and the height of the bar that ran around the inside of the elevator—he was able to get a close approximation of the suitcase’s actual size. He obtained one that fit those measurements, which was larger than the bag on the video had appeared to be, and invited a flexible young woman whose proportions matched Inna’s to curl up inside it. She fit.
He scrutinized the video still more closely, watching it again and again. The man steps off the elevator rolling the bag behind him. As he does, the wheels catch momentarily in the space between the elevator floor and the lobby floor, just for a split second. It was hardly noticeable if you weren’t looking for it. The man has to give the bag a tug to get it unstuck.
And that clinched it. That tiny tug. The bag had to have been heavy to get stuck. Brennan was now convinced. This was the guy. No matter what Inna Budnytska had said—that she had been attacked by two or maybe three men, that they were “white,” that they spoke with accents that sounded “Hispanic” or perhaps “Romanian”—Brennan was convinced her attacker had to be this man. Her head injuries had left her very confused about the night, and the language barrier could also account for some of the confusion about her answers.
The detective was struck by something else. His suspect was entirely collected. Cool and calm, entering the elevator with the woman, exiting with the suitcase, pulling it behind him out to the parking lot, then strolling back in less than an hour later. Brennan had been a cop. He had seen ordinary men caught up in the aftermath of a violent crime. They were beside themselves. Shaking. Panicky. If a man rapes and beats a woman to the point where he thinks she’s dead, and then hauls the body out to dump it in the weeds, does he come strolling back into the same hotel as if nothing happened? An ordinary attacker would have been two states away by noon.
What this big man’s demeanor suggested to Brennan was chilling.
He’s good at this. He’s done this before.
Brennan called a meeting at the hotel on November 17, 2005. The hotel owners were there, the insurance adjusters, and the lawyers—in other words, the people who had hired him. They met in a boardroom. On a laptop screen, Brennan pulled up the image of the large man pulling his suitcase off the elevator.
He said, “This is the guy that did it. That girl is inside that suitcase.”
There was some snickering.
“How do you come up with that?’ he was asked. Brennan described his process of elimination, how he had narrowed and narrowed the search until it led him to this man.
They weren’t buying it.
“Didn’t the victim say that she was attacked by two white guys?” one of them asked.
“I’m telling you,” said Brennan. “This is the guy. Let me run with it a little bit. If you’re willing to give me the resources, I’ll track this guy down.”
He told them that it was a complete win-win. The hotel’s liability in the civil suit would go way down if he could show that the victim
had not been attacked by a hotel employee. “What could be better?” he said. “Think how good you’ll look if we actually catch the guy responsible. You’d be solving a horrible crime!”
They seemed distinctly unmoved.
“Look at how cool this guy is,” he told them, replaying the video. “He just raped and beat a woman to death, or thinks he has, and it’s not like he’s all nervous and jittery. He’s cool as a clam! Tell me the kind of person who could do such a thing and be this nonchalant. This ain’t the only time he’s done this.”
A discussion ensued. There were some in the room who wanted to find the rapist, but the decision was primarily a business calculation. It was about weighing the detective’s fee against a chance to limit their exposure. Brennan didn’t care what their reasons were; he just wanted to keep going. Old instincts had been aroused. He had never even met Inna, but with her attacker in his sights, he wanted him badly. Here was a guy walking around somewhere almost a year later, certain that he had gotten away with his crime. Brennan wanted what all detectives want: the gotcha! He wanted to see the look on the guy’s face.
It was close, but in the end the hotel suits decided to let him keep working. Having overcome their skepticism so narrowly, Brennan was even more determined to prove he was right.
The hotel’s records were useless. There were too many rooms and there was too much turnover to scrutinize every guest. Even if the hotel staff remembered a three-hundred-pound black man with glasses, which they did not, there was no way to tell whether he was a registered hotel guest or a visitor, or if he was sharing someone else’s room. Even in cases where the front desk workers photocopied a guest’s driver’s license, which they did not do faithfully, the image came up so muddy that there was no way to make out the face.
So he went back to the video. Now that he knew whom he was looking for, Brennan scrutinized every appearance of his suspect in the days before the crime, at the elevator, in the lobby, at the hotel restaurant, at the front door. In one of the video snippets at the elevator, the suspect is seen walking with a fit black man wearing a white T-shirt with the word “Mercury” on the front, which meant nothing to Brennan. His first thoughts were the car company or the planet or the element. There was nothing there he could work with. The manner of both men on the snippet suggested that they knew each other. They walked past the elevator and turned to their right, in the direction of the hotel’s restaurant. So Brennan hunted for video from the restaurant’s surveillance camera, and sure enough, it captured the two entering. As Brennan reviewed more video, he saw the big black man with the other man often, so he suspected that the two had been in town together. The man in the T-shirt had an ID tag on a string around his neck, but it was too small to read it on the screen. Brennan called NASA to see whether they had a way to enhance the picture. He described the camera and was told that it couldn’t be done.