He told Wendi that she was under arrest and informed Judy of the new search warrant. Wendi was cuffed and removed from the premises. She was transported to the Tom Green County Jail, where she was booked on a second charge of tampering with evidence for doctoring the controlled substance log and altering the medical records of Wheezie’s treatment. The information about the toxicology report had not yet been released. When Wendi had adjusted the records regarding the phenobarbital and pentobarbital, she’d proven that she knew the identity and quantities of the pharmaceuticals used to kill her husband.
Meanwhile, at the clinic, gravel flew as Lloyd Davidson sped his truck into the parking lot and skidded to a stop. He was agitated as he questioned Palmer about the search and arrest warrants. Palmer said, “You can remain here during the search if you quiet down.” Palmer then resumed his inspection of the clinic. He and the other officers recovered a large number of documents, including 363 patient files along with one sealed and one open bottle of diazepam—the generic name for Valium.
When Palmer exited the building, Lloyd approached him to share information about a black transvestite named Tu Tu. Lloyd said he’d heard that Michael Severance and Tu Tu had been involved in an altercation on the night of Mike’s disappearance. Although Palmer doubted that Tu Tu had been involved in Michael’s death, it was a lead that he needed to follow.
Just before 3 o’clock, Palmer took Wendi in front of District Judge Gossett. The judge set a bond of $100,000 on each charge. Jenkins Action Bail Bond issued a property bond and Wendi was released.
Mid-month, Marshall Davidson called Michael Newberry, Mike’s friend who’d bought the race car from Wendi while Mike was still missing. Marshall wanted to know if Newberry was interested in buying the two Mustangs at the clinic, and left the Davidsons’ home phone number if he decided he was. A few days later, Wendi called him asking about the cars again. “I just want to stay out of the middle of things,” Newberry said.
“There is nothing to be in the middle of,” Wendi said.
“I think there’s a hold on selling Mike’s cars.”
“There is no such hold. Our mailman is interested in buying them if you aren’t.”
Wendi took a private polygraph examination. Her attorney, Tom Davidson (no relation to Wendi), told the media she’d passed the test which included the questions “Did you kill your husband?” and “Do you know who did?” He said, “She didn’t kill anybody, and doesn’t know who did.”
The San Angelo Police Department still would not publicly discuss the results of the earlier examination. When asked, Lieutenant Milbourn told the media, “It gives us an idea of where and how to pursue an investigation because of the questions that were asked of what to look for, not to look for, what to concentrate on first, but it’s not definitive. Part of it is that polygraphs can be defeated. To totally discount somebody because they passed a poly or to assume that they didn’t commit a crime would be a mistake. It’s one other tool that we could use.”
Nicole Leighton again responded for the family. “I don’t even know what to think anymore. I knew they had administered the polygraph in the beginning, in the very beginning, but they can’t tell us the results, obviously. She has admitted to dumping his body, filing a missing persons report and filing for a divorce, the whole time knowing where he was, so obviously she has lied before. There’s a ton of things she lied about. I guess it depends upon what questions they asked her. I hope we find out who did it, if she didn’t.”
Palmer and McGuire drove over to Lubbock on April 27, 2005, to interview the people who’d worked with Wendi at the Animal Hospital of Lubbock. Dr. Jay Jones told them that he’d hired Wendi. “She resisted conforming to the procedures to order medications that were not maintained or used by other doctors.” Jones also complained that Wendi had not told him she was pregnant when she took the job.
He recalled Michael visiting Wendi on a couple of occasions, but they did not appear very close. In her seven months at the facility, Wendi did not live up to expectations. “If she hadn’t quit, I would have fired her.”
Dr. Laurel Linn Jones told the investigators that in addition to the fact that Wendi did not follow the policies and procedures at the hospital, it was difficult to get along with Wendi. In contrast, veterinary technician Frank Saiz described Wendi as “pleasant and calm.” He said that she’d seemed very nonchalant about her pregnancy but had been seriously upset when Michael went to a car race in Dallas instead of coming to Lubbock to visit her.
Technician Kimberley Rufener had a different read on Wendi. She called her “young and flaky.” Wendi had told her about plans to get an abortion, which Michael had promised her anything she wanted to prevent.
Dr. Kerry Blanton found Wendi disagreeable as a co-worker, saying that Wendi spoke openly about her sex life and blamed others for her problems and mistakes. “She could lie very well.” What bothered Blanton the most were Wendi’s discussions about what she would do to keep Michael from getting custody of her new baby. Wendi wondered aloud if she could place a bag over Tristan’s head, punch him in the face and then tell police that Michael had hit the little boy. The investigators were revolted by this revelation. They had two felony charges filed against Wendi Davidson—they were looking forward to adding homicide to the list.
THIRTY-NINE
The grand jury convened on Tuesday, May 24, 2005, to consider the charges against Wendi Davidson. They did not have the full autopsy report to review, but they did know the toxicology results. When reporters asked prosecutor Alison Palmer why she didn’t wait until that report was in, she explained, “The grand jury’s term was nearing a close. We did need to finish.”
The panel confirmed the two tampering with evidence charges and added one more. They wrote in their homicide indictment that Wendi Mae Davidson had
intentionally and knowingly caused the death of an individual, namely Michael Severance by introducing toxic levels of a substance or substances into the body of Michael Severance.
Wendi surrendered herself to Sergeant Ron Sanders at the Tom Green County Sheriff’s Office the next day at 1:06 in the afternoon. She was booked and presented with an order to provide handwriting exemplars. Sanders collected two samples. A little after 2, Palmer arrived with a Texas Department of Safety Laboratory Handwriting Specimen form. Wendi complied with the document’s instructions, writing out the list of letters and words provided, as well as additional words dictated by Palmer.
While she was being processed, Wendi started a conversation with Lillie Lucio, arrested on a misdemeanor marijuana charge. Lillie told the Bangor Daily News that Wendi seemed disassociated with what was happening and declared her innocence several times. “It did not seem like she was going down for murder. I asked her about her husband’s body being dumped in the pond, and she’s like, ‘Yeah, me, I’m supposed to move this body myself.’ She said it sarcastically. She’s like, ‘Come on now. I would not be able to move him because he’s so heavy.’ She freaked me out. I did not expect to hear that coming from her.”
Wendi was released on bond that same day. She went home to her parents’ house and stirred up additional outrage in Maine. Leslie Severance told the Bangor Daily News: “I cannot for the life of me understand how come he [Michael’s son Shane] can be allowed to stay in the same house as her. I just don’t see how that can be allowed to happen. We’re trying to get Shane—that’s my main focus. Nothing is going to bring Michael back. So there’s Shane. I don’t believe he should be where he’s at.”
Leslie’s custody attorney Thomas Goff, the former county attorney from 1992 through 2000, echoed his client’s sentiments. “It’s a tragic, tragic situation. He wants custody of the child. It’s his son that was killed. I’m a grandparent. I would want custody of my grandchild in that situation.”
Judy and Lloyd Davidson wouldn’t comment on Shane’s living situation. When Leslie requested to visit his grandson, they told him he could see Shane for an hour at a local McDonald’s if he c
ame to Texas.
Goff responded to that offer bluntly. “That was cold. This is his deceased son’s only child.”
Leslie told the Bangor Daily News: “That was totally ridiculous, but I was not surprised. It was actually probably more than I figured they would say. I feel temporary custody was given to Judy Davidson, but that doesn’t make her lord and master. She’s a grandparent just like I am.”
Despite the brevity of the promised visit, Leslie vowed to make the trip to Texas if he could scrape together the money to do so. “I told people we come from a logging family. My grandfather was a woodsman, my father was a woodsman. It’s like being in the cut. You’re in the cut and there’s no stopping. It’s just a straight-ahead battle. There’s no time to grieve or sit back and feel sorry for yourself ’cause you’re still in the cut. You’re still busy. You still have work to do. You just have to keep working.”
The newspaper asked the San Angelo Police Department why they were not doing anything. Lieutenant Milbourn said, “Unless there is a reason to believe the child is in danger, then we would have no reason to act. The murder charge against Davidson gives police little legal grounds to believe she is a threat to her son.”
On May 28, a frustrated Texas Ranger Palmer composed a letter to the Air Force OSI headquarters at Langley Air Force Base in Virginia, complaining about his difficulties in getting information from Special Agent McCormick:
I fully support the task force or team concept when conducting major criminal investigations. This allows numerous resources and numerous years of experience to be utilized to get the job done. This is helpful in both the investigation phase and the prosecution phase of a criminal case. For me, this investigation continues and the prosecution phase has begun. The problem with the task force or team concept is that it involves various individuals and there is sometimes conflict. We as professionals must overcome that conflict and remember what is important in these investigations and that is bringing justice to the victim. I suspect that delicate egos and personality conflicts have already affected the investigative phase of this case. My goal is to prevent these problems from now affecting the prosecution phase of this case.
Any assistance you can provide in resolving this matter would be greatly appreciated . . . I am not in the habit of contacting an investigator’s supervisor to resolve matters that arise during an investigation. The problem is that this particular situation has gotten out of hand.
It was not clear if McCormick was simply a poor communicator or if he deliberately delayed the delivery of information to Palmer, but the Ranger was clearly frustrated with the Air Force investigator.
The OSI office responded, placing the blame on the San Angelo Police Department. They wrote that
the friction arose primarily because our agents perceived a lack of enthusiasm and cooperation from other law enforcement personnel in pursuing this investigation . . . Their perception was that there did not seem to be a sense of urgency by others to help locate an active duty Air Force member who was missing under suspicious circumstances.
The airman’s body had been found. His wife was charged with his murder. Now, the task force needed to pull together to help the prosecution team secure justice for the family of Michael Severance.
FORTY
The question of the custody of Shane Severance stepped to center stage in the summer of 2005. On June 16, Thomas Goff, attorney for Leslie Severance, conducted the deposition of Judy Davidson.
Goff asked about the relationship that Judy had with her son-in-law. “You said you didn’t like him from the start?”
“No, I didn’t. It’s not that I disliked him, I just had no reason to like him.”
“Had you ever met somebody from Maine before?”
“Not—I’m sure I have, but not that I’m aware of, no.”
“Was there some cultural differences, do you think, between the way he was raised and . . .”
Judy interrupted and managed to contradict herself in the span of a sentence. “He had been in Texas for years, so I’m sure there were some differences.”
“. . . What did you find out about his family just talking to him?”
“I found out that his brother had a car wreck. I found out that his mother had passed away. And other than that, nothing.”
“Did you ever just sit down with him and engage him and try to drag this out of him?”
“Why would I?” Judy asked. “I mean, that was his personal life. If he didn’t want to talk about it, I felt, you know, give him that much respect.”
“Do you know what interests he had or what he enjoyed doing?” Goff asked.
“He had a race car, and that’s all he ever wanted to do, as far as I’m aware of.”
“Okay. So did you have some conversations with Wendi about the marriage, for instance? Did you approve of the marriage?”
“No, I didn’t.”
“Did you tell her that you didn’t approve of the marriage?”
“Certainly.”
“Did you and Mike maintain a cordial relationship or try to maintain a cordial relationship?”
“We tried not to argue for Wendi and the baby’s sake. We stayed away from each other.”
Goff took Judy to the events of January 15. “She, as far as you know, was going to the . . . clinic where she lived . . . with Mike?” he asked.
“Yes,” Judy answered.
“And you further testified that she was in a good mood.”
“Yes.”
“And you didn’t—nothing out of the ordinary. You didn’t see anything that would have made you think something was wrong? Nothing was wrong?” Goff pressed.
“Not that I was aware of, no.”
“Okay. Now, and further, the statement that Wendi made to your son—and this was in March . . . that she arrived home . . . and found Mike’s body, is that correct?”
“From what I understand, yes.”
“Okay. So both of the children were with her when she found Mike’s body?”
“I assume so.”
“Including Tristan, of course. Tristan and Shane, is that right?”
“As far as I know. I don’t—I don’t know.”
“What other explanation could there be? Or do you know of any other explanation other than the children were with her? She left with the children.”
“Right,” Judy admitted.
“Okay.”
“But I don’t know, because I wasn’t there.”
“Right. And Tristan is—was three, right?”
“Exactly.”
“Has Tristan ever told you he saw Mike’s body?” Goff asked.
“Never.”
“Was Tristan traumatized?”
“He was traumatized by the police.”
“Okay,” Goff said and repeated the question. “Was he traumatized from arriving home and Mike being dead?”
“Not that I know of, because I had no idea.”
“The police talked to Tristan?”
“They talked to him, ‘Hi,’ and, you know—”
“How was he traumatized by the police?”
“Because they were in and out of there several times a day for several months.”
“Are you unhappy about that?”
“No, I’m not unhappy,” Judy denied.
“Okay. So they didn’t interrogate Tristan?”
“Of course not.”
“Have you taken Tristan to a counselor?”
“Of course not.”
“Why ‘Of course not’?” Goff probed.
“Because there’s nothing wrong with Tristan. He’s happy. He’s healthy.”
“To see if he was traumatized by seeing his dead stepfather?”
“He’s not traumatized,” Judy insisted, and then she contradicted herself again. “How do I know that he’s not anything?”
“That’s my question. How could he have not seen Mike?”
“I have no idea . . . but he is fine. He’s healthy. He’s happy. Why send
him to someone that’s going to traumatize him?”
“To see what he saw, perhaps?” Goff suggested.
“To confuse him, to traumatize him, to hurt him? To ask him questions he doesn’t know anything about? No, sir.”
“Wendi further told the police that she transported Mike’s body to the Sheen Ranch on Sutton Road. Where were the children when she did all this?”
“I have no idea,” Judy stated.
“Have you asked Wendi?”
“I’m not supposed to talk to Wendi about any of this, and we haven’t,” she snapped. “So, no, sir, I don’t know.”
“Who told you not to talk to Wendi about this?”
“Marshall said to begin with, you know, ‘Y’all do not talk about it’ . . . The attorneys have said, ‘Do not talk about it.’ The grand jury said, ‘Do not talk about anything that was discussed in the grand jury.’ So, yes, sir, I’m just trying to do what is right.”
“Okay. Well, I’m trying to figure out where the children were when Wendi took Mike’s body to the ranch.”
“Well, I’m sure everybody would like to know that question, but you’re asking the wrong person, because I don’t know.”
“You have no knowledge?” Goff pushed.
“I have no knowledge. All I know is, they’re both fine. They’re both safe. They’re both happy. And they’re both healthy.”
“Okay. I assume that a three-year-old, if he were along on that ride, would have known what was going on?”
“I have no idea.”
“But he’s not been traumatized?”
“No, sir.”
“Okay. But you still believe that what Wendi is saying is true? Or what she said was true?”
“I don’t have any reason to disbelieve it.”
“. . . She stated that she took Michael’s body to the ranch after she found him dead in the clinic. As far as you know, that’s true?”
“I have no reason to disbelieve that.”
A Poisoned Passion Page 17
