Witness states he wants it understood his refusal to provide details of victim's private thoughts and feelings is not meant to impede investigation but is ‘matter of principle that I as a physician am obligated to uphold.’
Third interview, 8/27, phone follow-up:
Witness states he has reviewed all therapy notes and has found nothing ‘germane to your investigation.’
Evaluation:
Witness has excellent reputation, seems sincere in his reluctance to breach confidential medical relationship with victim and is otherwise forthcoming in all respects.
Additional notes:
Investigator consulted with supervisor about whether victim's recurrent nightmare was relevant and whether witness's therapy notes should be subpoenaed. Supervisor agreed nightmare was not important and subpoenaing notes would probably result in long legal fight and would not yield useful information.
Respectfully submitted,
Joe Burns, Det.
A perfectly straightforward account of what seems to be a well-conducted police interview. The witness appears sincere and reliable. ‘Forthcoming in all respects.’ Yet I'm amazed at the superficiality of the information and the lack of probing follow-up questions. Surely a competent shrink would know a great deal about his patient's love-life practices, let alone her fears. And where are all the questions about Jessup? Why did she consider her affair with him merely a ‘fling’? Just what did she mean about Cody ‘losing control?’ And if the upcoming custody battle with her ex-spouse loomed so fearfully, why did she engage in conduct certain to assist his cause?
I pull out the folder containing interviews with Andrew Fulraine conducted by Mace Bartel. Mace's notes run more than twenty pages. His questioning strikes me as a lot sharper than Detective Burns':
Witness appeared greatly distraught. Witness wept when shown crime-scene photos of ex-spouse. Witness spoke of ex in respectful manner, expressing sorrow over her demise and effect it would have on sons who, he stated, loved their mother very much. Witness stated that if ex-wife had died in automobile accident or other ‘normal way,’ that would have been bad enough, but that being killed ‘like this’ will probably ‘stigmatize’ sons' memories of her forever.
Witness expressed great shock that ex had been having affair with one of sons' teachers. Witness stated: ‘That's terrible. She shouldn't have done that.’ Witness spoke harshly of Tom Jessup for ‘breaking the trust and faith we place in our children's teachers.’ Witness stated he had met Jessup and thought well of him for his interest in boys' schooling. Witness stated he had approved victim's hiring of Jessup as tutor, tennis and boxing coach.
Witness stated he knew ex had engaged in love affairs even when they were married and this behavior had been primary factor in their divorce. Witness stated he had loved ex, but could not bear to be cheated on this way. Witness stated that ex began to indulge in affairs shortly after their daughter's abduction. Witness stated he put up with it for a while, but reached point where ‘it simply became unbearable.’
Witness stated that though ex was decent enough mother and truly loved sons, he had reluctantly come to conclusion her promiscuity was harmful to sons and for said reason initiated action to gain custody.
Witness stated he was not ‘strict moralistic kind of guy or religious nut.’ He simply wanted ‘very best for my boys.’ He has remarried and his new wife, Margaret, loves his kids as if they were her own. Witness stated he had explained to ex that he had no intention of denying her fair visiting rights and vacations with boys. On contrary, he wanted her to play significant parental role. But so far as day-to-day living went, he knew he could provide a more stable home environment.
I put down the document, then pick it up again. There's a major hole in Andrew Fulraine's statement. How could he not have known about Barbara's affair with Jessup? According to what Mace told me when we met out at The Elms, Andrew had a private detective watching her, collecting evidence to be used against her in their custody battle.
I read on:
Witness stated he was in New York City on business day of killings. Witness stated he was in his hotel suite when he received emergency call from wife. Witness stated that upon hearing news, he immediately phoned director of summer camp in Maine where sons were enrolled to arrange for sons to be escorted early next day to Logan Airport, Boston, where he would meet them and accompany them back to Calista. Witness stated he instructed camp director to tell sons there was a family emergency and their dad would explain it when they all met up following day.
Witness stated he took late evening shuttle to Boston, where he spent sleepless night at airport Hilton, ‘trying desperately to figure out some way to break this devastating news without causing my boys undue pain.’ Witness stated he decided sons were of sufficient maturity that it would be impossible to hide facts surrounding their mother's demise. Witness stated: ‘That morning, telling them what happened was the hardest thing I've ever had to do.’ Witness stated that ‘at first sons took news like brave little guys, but then they both broke down.’ Witness stated that older son, Mark, mentioned that over spring and early summer his mom had become ‘good friends’ with Mr. Jessup and that the four of them had gone out several times to restaurants and twice to Tremont Park.
Witness stated that sons said nothing indicating knowledge of amorous relationship between victims, and that subject has not since come up. When asked how, considering continuing media reports of ‘lovers’ and ‘love nest’ he has kept such information from boys, witness stated that though he assumed they saw news stories and heard details from friends, in his family this was not the sort of matter that gets discussed. Witness stated that when he proposed professional counseling to the boys, both declined. Witness stated that his greatest concern is short-term effects on boys as they ease back into school life.
Witness again broke down, stating that over last few days he has wondered if his family is somehow ‘cursed.’ Witness, sobbing, stated: ‘Five years ago our darling little girl was snatched. Now this. These nights I lie awake wondering what will happen to us next.’
At this point, due to witness's emotional state, investigator postponed conclusion of interview until following day.
Though I'm impressed by Mace's sensitivity, I'm underwhelmed by Andrew Fulraine's WASPy approach to life, his notion that his family certain intimate matters were best left unbroached. Of course Mark and Robin immediately found out their mother and Tom Jessup had been shotgunned to death while lying naked together in a motel room bed. And of course they found this greatly disturbing. How could they not? And of course they found this greatly disturbing. How could they not? Jessup had befriended them, been their trusted teacher, tutor, and coach. Now it turned out he'd also been their mother's lover and possibly the cause of her murder.
The humiliation must have been terrible for them. I remember how we watched them when school reopened that fall, surreptitiously tried to read their faces. Both Fulraine boys put up brave fronts, showing the stiff upper lip that was their heritage. But we, needing to see their pain, found it in their eyes – a glistening up, a turning away when our gazes became too bluff. They knew what we were looking for and expended much effort not to show it to us. But we saw it anyway, for in their hiding of it we discovered its revelation.
The next day, in his continuation of the interview, Mace attempted to corner Andrew Fulraine about his professed ignorance of his ex-wife's affairs:
Witness showed anger when asked why he had not previously revealed that he solicited and received reports from a private detective on his ex-wife's love affairs. Witness responded that now that ex was dead ‘the matter of our sons’ custody is moot.’ When told this was an inadequate response, witness stated he wished to consult attorney. He left room, returned fifteen minutes later, told investigator attorney was en route and he would decline to answer further questions until he arrived.
When witness's attorney, Howard Breckenridge, appeared, he and witness consulted priv
ately. When interview resumed, witness stated he had engaged a private detective, Walter M. Maritz, to collect evidence regarding activities of ex in preparation for custody battle. Witness stated he was seeking evidence that would prove embarrassing to ex so she would yield on custody question rather than have said evidence introduced in open court.
Witness stated he had met Maritz, a former Calista Police Department detective, five years before when he and ex retained Jenkins Investigations to find his daughter's abductors. Maritz had been sympathetic and witness had been impressed by his competence. Maritz had since left Jenkins and opened his own agency.
Witness stated that since hiring Maritz he had received three reports, none of which named Jessup as ex's lover. At this point, attorney Breckenridge handed over copies of the reports.
When asked how this was possible since, within hours of killings, sheriff's Department investigators documented a five-month affair between victims including more than forty meetings at the Flamingo Court, witness responded with disgust that he could only conclude that Maritz had goofed off on the job. When asked why he had retained a man to tail his former wife whom she would recognize from the earlier investigation, witness stated that Maritz had satisfied him on that point by bringing in a second operative for close surveillance.
I put the interview down. Andrew Fulraine, it seems, was an odd combination of sensitive father, old-style WASP, and not-too-bright litigant. As for Walter M. Maritz, I search out his interview, eager to discover how he explained his investigatory incompetence.
Here too the interview was conducted by Mace:
Witness states that in late June he was retained by Mr. Andrew Fulraine to collect evidence of victim Fulraine's promiscuity and bad parenting. Witness states that, since he remembered liking Mrs. Fulraine, he had reservations about taking the job, but agreed to do so because he needed the work and the fee offered, $12,500, was ‘exceptionally good.’ Witness added ‘it's no secret I haven't been doing too well of late.’ In response to direct queries about career, witness admitted he'd been asked to resign from the Calista P.D. eight years previous for drinking on the job and this past January had been ‘fired for cause’ from operative position at Jenkins Investigations.
Witness stated he and O'Neill trailed victim numerous times to Elms Club where she went two or three times a week to meet Jack Cody. Witness stated he and O'Neill interviewed several Elms Club employees, all of whom reported victim and Cody ‘always eat a quick lunch together then go upstairs and fuck.’ Witness stated he had compiled file on Cody so his client, Mr. Fulraine, would know the sort of man his ex was involved with.
Witness stated that client's other activities included afternoons spent at Delamere Country Club lunching with girlfriends and playing tennis, and twice a week visits to Maple Hill Hunt Club where she rode her horse. Witness reported that victim was regarded as excellent tennis player and equestrienne, and over the years had won numerous club trophies in both sports.
Witness stated on several occasions he and operative O'Neill observed victim Jessup arriving and departing target residence. Witness stated it was his understanding, based on interviews with target's servants, that Jessup went there to tutor and coach target's sons. Witness stated he was greatly surprised to learn victims were having affair and that they'd rendezvoused numerous times at Flamingo Court. In response to query as to how it was possible, since he was surveilling victim, he hadn't observed these meetings, witness admitted he'd slacked off on the job.
Witness stated: ‘It never occurred to me she was involved with two different men. Once I got a fix on her routine, I assumed she spent afternoons at one of her clubs, doing errands, or seeing her shrink.’ Witness stated he spent most afternoons drinking and watching baseball games on TV in one of several Irontown bars.
Confronted by the fact that if he'd been doing his job properly he would have been surveilling Flamingo Court day of killings and would most likely have observed killer's arrival and departure, witness stated he wished to terminate interview in order to consult attorney.
Four hours later, Mace resumed his interview with Maritz, this time in an interrogation room at the Calista County Sheriff's Department:
Witness's attorney, Justin Slotnik, stated that his client, Walter M. Maritz, was now prepared to make a statement in regard to his surveillance of Mrs. Barbara Fulraine, who had treated him in a friendly, respectful manner when he had investigated the Fulraine infant abduction. Mr. Fulraine, on the other hand, had been high-handed and arrogant. Witness stated: ‘Far as I was concerned, she was a lady and he was a prick.’ Witness stated he only agreed to accept surveillance assignment from Mr. Fulraine because he needed the money, and that shortly after he commenced surveillance, he phoned Mrs. Fulraine and set up meeting with her at Rusty's Pub in Joslin/Pitt shopping center. At this meeting, he informed victim he'd been hired by her ex to conduct surveillance in order to collect evidence that would prove her an unfit mother.
Witness stated he told her that as much as he needed money he didn't wish to do anything that would harm her. Witness further informed victim he'd invited her to the meeting to warn her of what was going on and to advise her not to do anything contrary to her interests because if she did and he observed said behavior, he would be obligated to report it to her ex.
Witness stated that victim thanked him for warning and offered to compensate him for his trouble. Witness stated he was reluctant to accept money from victim since this would create conflict of interest. Witness stated that as he and victim continued discussion it was clear to both that if witness withdrew from assignment, victim's ex would simply hire someone else to carry it out because he was intent on collecting negative information on victim's lifestyle.
Witness stated that at end of discussion, he and victim reached an understanding: Witness would only report personal information that was already common knowledge, namely that victim and Jack Cody were having an affair. According to witness, victim told him: I'm not married and neither is he, and I'm not a nun and he's not a priest. I'm entitled to have a love affair same as anybody else. So don’t worry about reporting it, It won't harm me a bit.
Witness stated that victim went on to say there were matters in her life that were none of anybody's business and she'd prefer to keep them that way. Witness stated victim offered to pay him an amount equal to fee he was receiving from her ex, in return for which he could be a little careless in his investigation. Witness recalled victim's exact words: "She said I should, you know, ‘fudge it a bit, since, after all, if you don't see me doing something you can't very well report it then, can you?’"
Witness stated out of respect and admiration for victim, he agreed to consider her proposition. Witness stated that he met victim at same location two days later at which time he proposed that victim hire him to look further into abduction case. Victim agreed and paid him $12.500 in cash.
Witness stated: ‘To cover my ass, I brought in Jerry O'Neill who's an even bigger drunk that I am.’ Witness cleared hiring of O'Neill with client who agreed to pay an additional $5,000 to cover O'Neill's wages. Witness stated: ‘I knew O'Neill would fuck up good, and that's just what I wanted. Meantime, I was going to clear twenty-five grand on the deal.’
Witness stated there were several important things he wished to add. First he wanted it understood he felt terrible about what happened to Mrs. Fulraine, ‘as I liked her and respected her very much.’ Witness stated that even if he'd been surveilling her day of killings, he doubted he could have prevented murders. Witness stated: ‘At best I might have seen something and been able to give you some leads on who did it, license plate numbers, stuff like that. But who knows? I could just as easily have been asleep. Nothing more boring that sitting in your car in a motel parking lot with nothing but a goddamn bag of stale chips while folks are making whoopee upstairs.’
Witness stated he wanted it on the record that he did not meet with victim in order to extort money, that payment was entirely her idea. Witn
ess stated: ‘I never solicited a bribe.’ Witness stated that of course he was happy to accept money since ‘I live pretty close to the edge these days,’ but that money was not his primary motivation. Witness stated: ‘All I wanted to do was help the lady who'd been through a hell of a lot and didn't deserve to lose her kids.’ Witness stated that when he accepted cash at second meeting, he told victim: ‘I owe you plenty for this, and I intend to work my ass off going back over ground we covered when we tried to find out what happened to your little girl. Who knows? Maybe something will turn up after all these years.’ Witness stated that when he said this, tears formed in victim's eyes. Witness stated: ‘She took my hand and squeezed it and said, “I thank you with all my heart.”’
Witness stated it was always his intention to honor pledge to victim and he still intends to do so. Witness stated: ‘Soon as the custody case was finished I was going back to work on the Fulraine infant abduction. That's what she paid me for. That was our deal. So, see, I didn't take her money to screw Mr. Fulraine. I took it to do an additional job for her. Meantime, I gave her a warning and offered to do my best to see she wasn't screwed by her ex along the way.’ Witness stated he still intends to carry out assignment on his own time, ‘because she paid me to do it and when something terrible happens like this, no one should be allowed to get away with it.’
Amazing! I put the papers down. The webs of interlocking agendas is growing dense and I've only just started reading through the documents.
Time to take a break. I step out into the corridor, refresh myself at the water cooler. The Sheriff's Department is quiet this time of night. Down the hall the pebbled glass in Mace's office door is still lit up.
The Dream of The Broken Horses Page 10
