The Last Undercover
Page 36
Steering committee member Sam Lindblad did not dispute Jennifer’s assertion that NAMBLA was an “organization whose primary function revolves around sexual behavior.” He admitted he discussed the NAMBLA organization with members of his sex offender therapy groups even though the therapist saw it as a “negative organization . . . sexually.” Even with that warning from the therapist, he admitted to rejoining NAMBLA upon his release from prison.
Jennifer then took him through a series of written promises he made less than three years earlier, following his release from the seven-and-a-half-year prison term in Colorado for the 1996 conviction.
I will take myself out of positions where I can look at children.
I will not be around children to wrestle or horseplay with them.
Wrestling with a child is part of a buildup to a sexual assault.
I know that inappropriate fantasies are the road to assaultive be-havior.
I will not work with any children.
I will not use my jobs to access children.
I will tell adults that I am not trustworthy around children.
Sam admitted to initiating “assaultive touches that were very inappropriate” sixty or seventy times over the course of his adult lifetime, and that he inappropriately touched the same boys more than once. He admitted to inappropriately touching his son “a time or two.” He admitted to having been caught by his wife when he intentionally “tweaked” his son while bathing him and that his wife said, “Don’t ever let that happen again.” He admitted that “repeated sexual contact with young boys” was the reason his marriage ended.
Despite this series of admissions, despite the fact he admitted to placing himself in “high-risk behavior” situations following his release from prison less than three years ago, and despite the fact he admitted to “grooming” boys since his release from prison, he maintained that his intent in going to Mexico was “to have an emotional relationship with a child, but my specific intention was no sexual activity.” Even though he participated in a three-way call with Dick Stutsman and the undercover travel agent in which Stutsman detailed the sexual acts he wanted to perform, Sam denied wanting to engage in sexual activity with the ten-, eleven-, or twelve-year-old he expected to meet in Mexico. Sam claimed that, by his definition, “fondling” did not include sexual contact. “I was eliminating sexual contact, sexual activity from our hoped friendship.”
Every contact I had with Sam was recorded—my contacts in Miami, my phone calls, and the dinner in Albuquerque. In discovery, the prosecution turned over every recording, every e-mail, and every written report. Sam had a chance to review that evidence, as did his attorney. Although parts of the recording that night in Albuquerque were somewhat inaudible, it was possible to make out almost all of the conversation. Certainly, the general nature of even the inaudible portions was evident. Given all this, what followed next was surprising.
In response to Jennifer’s query—“[Isn’t it true that] in fact, you never mentioned during the first conversation you had with Robert about the trip that you had any concerns whatsoever about the legality of the trip”—Sam lied. He stated, “I said very specifically, ‘I do not.’ My words were, ‘I very strongly believe in NAMBLA’s tenet that states, “We do not advocate any breaking of the law” ’ . . . and [the undercover agent] responded, ‘Well, you certainly don’t have to do anything you’re —’ wait. ‘You don’t have to participate in anything that you don’t want to. You don’t have to participate in any activity that you choose not to.’ . . . And I realized then, that means I can choose not to break the law, and I realized, I guess that’s the first good advice I’ve gotten from Robert.”
Jennifer followed up that answer with another question: “And was that conversation recorded?” Then she asked, “Have you listened to the recording of that conversation?” Sam said he heard that conversation on the recording, and then he took the lie further by saying he heard himself say on the tape, “I am very concerned about living up to the tenets of NAMBLA of doing . . . of not . . . NAMBLA states, ‘We do not advocate breaking any laws’ . . . and then I said, ‘Robert, I’m not sexual with men, women, or boys,’ and he [the undercover agent, me] looked at his watch and hurriedly got up to leave the area.”
I thought I was done testifying, but Sam’s lies forced me to take the stand one more time to rebut his testimony. The conversation he said took place never happened, except maybe in his wishful thinking. I listened to the tape of the January 6 meeting at least six times and even helped transcribe parts of it. Sam lied. Did the jury believe him? Had he raised a reasonable doubt? Only time would tell—the time it would take for them to deliberate.
Both sides rested their respective cases. It was now time for the closings, the chance for the prosecution and defense to discuss the evidence and explain to the jury what it all meant. Even though the jury is cautioned that the attorneys’ comments are not evidence, and that they should decide the case on only the evidence presented, the impact of a closing argument can sway a jury.
Because the prosecution has the burden of proving the case “beyond a reasonable doubt,” they get two opportunities to speak to the jury: the opening argument and the closing argument. In between those two presentations, the defense has its opportunity.
Tom O’Brien gave his opening argument, detailing the evidence and describing how each element of both counts as charged in the indictment had been proven beyond a reasonable doubt. His opening was matter-of-fact but made our case.
Sam’s attorney presented his closing. There is an old adage taught in law school: when the facts are on your side, pound the facts; when they aren’t, pound the table. The attorney pounded the table, loud and long. I wasn’t the least bit convinced but was unsure if possibly one or more jurors bought his theory that Sam’s only desire was to cuddle on the beach and read stories. I carefully watched each juror. Several often looked away, as if they couldn’t take another discussion point from the lawyer. Several looked angry. But “reasonable doubt” meant that one juror, though not completely believing the defendant, might buy enough of his story, enough to be uncertain. I was hoping and praying that wouldn’t be the case and that Tom, who had one more chance to speak with the jury, would settle any lingering misgivings about a guilty verdict.
I was not disappointed. Tom gave the finest closing argument I have ever heard. It was almost TV-perfect. Not once did Tom refer to any notes; he spoke from the heart—that of a father who never wanted Sam Lindblad to walk the streets again as a free man. Whether his eloquence was necessary, I’ll never know, but Tom resolved any doubts that Lindblad’s attorney raised. I was confident that as the jury left the courtroom to deliberate, they would return with the verdict I was seeking.
Judge Manella recessed at noon, allowed the jury to break for lunch, and asked them to return to deliberate. By 2:30 they had a verdict: guilty on both counts.
I fought hard to contain my emotions. Following the announcement of the verdict, the two alternate jurors, who were now sitting in the gallery, came up to me, congratulated me, and thanked me for “going undercover.” Never had I received a higher compliment. For almost four years, I poured myself into this investigation. This verdict validated all of that effort.
When Lindblad was later sentenced to thirty years in federal prison, it was the best ending I could possibly imagine for my last undercover.
ABOUT THE AUTHOR
Bob Hamer spent twenty-six years as a “street agent” for the FBI, many of those years in an undercover capacity. In assignments lasting anywhere from a day to more than three years, he has successfully posed as a drug dealer, contract killer, fence, pedophile, degenerate gambler, weapons dealer, and white-collar criminal.
Bob has worked undercover against such diverse groups as La Cosa Nostra, the Sicilian Mafia, Mexican Mafia, Russian Mafia, Asian organized crime groups, and Los Angeles–based street gangs. His successful infiltration of NAMBLA (North American Man/Boy Love Association) resulted i
n the arrest of what one defendant called eight members of the “inner circle.”
He has received numerous awards throughout his career, including the FBI Director’s Award for Distinguished Service, four United States Attorney Awards for Distinguished Service, and numerous letters of commendation including one from then U.S. Attorney Rudy Giuliani.
Now retired, he is a member of the Writers Guild of America and the Writers Guild of Canada and has written for TV. He also worked as the technical advisor for The Inside and Angela’s Eyes and has consulted for Law & Order: SVU and Sleeper Cell. He appeared as a guest on The Oprah Winfrey Show to discuss his role in the NAMBLA investigation.
A Marine Corps veteran and law school graduate, he is married and has two children.
Table of Contents
PREFACE
ACKNOWLEDGMENTS
1: A WALK TOWARD THE BEAST
2: LIVING IN THE SHADOW WORLD
3: CHINA WHITE
4: THE WELCOMING COMMITTEE
5: GLOBE-HOPPING SMUGGLER
6: A NAMBLA SAFETY LECTURE
7: THE COURTROOM CRAPSHOOT
8: MEET THE PREDATORS
9: WORKING THE HOOD
10: PATIENCE IS A VIRTUE
11: IMPROVISE TO SURVIVE
12: A NAMBLA HISTORY LESSON
13: THE MURDER OF JEFFREY CURLEY
14: SEXUAL ADDICTION
15: THE FIX IS IN
16: KEEPING MY SHIRT ON
17: HALF-FULL OR HALF-EMPTY?
18: THE MOST BIZARRE
19: RUB-A-DUB-DUB
20: ENOUGH TO GO ON?
21: NAMBLA PEN PALS
22: THE MIAMI NAMBLA CONFERENCE
23: RELAXING WITH PREDATORS
24: LEADERLESS, SHIRTLESS, CLUELESS
25: CRIMINAL ADMISSIONS
26: JUST BECAUSE YOU’RE PARANOID DOESN’T MEAN I’M NOT OUT TO GET YOU
27: SIX-PACK ABS AND A KEY OF COKE
28: PREDATORS OUT ON THE TOWN
29: LEGOLAND MAKES IT UNANIMOUS
30: AGE OF CONSENT: ZERO
31: TROLLING FOR A THREE-TIME OFFENDER
32: BAITING THE HOOK
33: GETTING THE GOODS
34: HOW MUCH IS TOO MUCH?
35: SWARMING TO THE BAIT
36: GREG NUSCA, AKA DAVID R. BUSBY
37: DIARY OF A SEXUAL PREDATOR
38: MY LIFE AS A GHOSTWRITER
39: LOSING IT?
40: KEEP THOSE PLATES SPINNING
41: INTENSIVE CARE
42: FINAL PREPARATIONS
43: PREDATORS TELL ALL
44: SPRINGING THE TRAP
45: AFTER THE ARRESTS
46: THE TRIAL OF SAM LINDBLAD
47: THE VERDICT
ABOUT THE AUTHOR