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Authors: Michael Capuzzo

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BOOK: The Murder Room
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Now the screen in the Long Room showed Dougherty lying on her back in the choir loft the day she was raped and murdered. It was one of those cases where the waiters and waitresses looked away as they carried silver cloches in and out of the Murder Room.
Light from a stained-glass window revealed her blond hair mussed and untied. The red plastic barrette that had held it in a ponytail was lying nearby on the landing. One of her feet was bare. The shoe was tossed to the side; the sock was stuffed in her mouth, gagging her. Carol’s small right arm was wrenched behind her back. Her left hand was straight out, clutching three dark hairs, a man’s pubic hairs, which she had grabbed during her fatal struggle. She had been forcibly raped; semen was found at the scene. The grooves on her neck, from the rope that strangled her to death, appeared to match the pattern of a cincture, the long, ropelike cord tied around the waist of a priest’s alb, the full-length Roman tunic. To Roman Catholics, the cincture was a symbol of the priest’s chastity and purity.
One of the few surviving original investigators had told the
Courier Times
that it broke his heart. “I really took that case to heart because I had a daughter the same age, nine years old. You saw that little girl laying in that choir loft, and you just wanted to cry.”
Fleisher felt a chill displace his holiday cheer. As he walked the city garlanded in holiday lights that morning, Fleisher had allowed himself a moment of pride in the Vidocq Society. Vidocq agents were working for justice wherever need took them. Richard Walter was in West Texas that morning, consulting with police on the Dunn case. Fleisher smiled, imagining their sardonic dark knight flashing his rapier wit at the suspected killers of Scott Dunn, the police—whomever got in his way. U.S. Customs special agent Joe O’Kane, the Vidocq case manager, was fielding heaps of letters signed by grieving and aggrieved men and women across America. Word was out that a band of pro bono detectives in the City of Brotherly Love was standing for truth in cold murders beyond the grasp of police.
But now he noted that a quiet pall had fallen over his fellow Vidocqeans. “Everyone was deeply disturbed,” he recalled. Though Fleisher knew that one of the most notorious murders of his childhood was on the menu, he had not expected to be so deeply affected. Looking around at his seasoned investigators, he was confident they could help.
On Monday, October 22, 1962, President John F. Kennedy went on national TV to announce that the Soviet Union had installed nuclear missile sites in Cuba, ninety miles from Florida. That afternoon after school, Carol rode her bicycle to the library to take back a book and meet two girlfriends. Police never learned why she stopped at the old stone church on the riverfront, but the nuns often said that if you were passing the church you should stop and say your prayers. Witnesses saw Carol enter the church at 4 P.M.
At five o’clock, when she didn’t return home for dinner, her parents went looking for her. Frank Dougherty, a newspaper printer, found his daughter’s bicycle on the steps of St. Mark’s, and went into the church looking for her. When he found his daughter’s body in the choir loft he ran out into the twilight screaming for help. As word spread, a thousand people gathered behind rope barricades outside the church, a fixture in the community since the nineteenth century. As the night went on and police and the coroner came and went through the arched entrance, they shouted and wept, stood numb and whispered, “A girl killed in a church!” and did not move, as if they would stand there until the world was made right again. After seven hours, Chief Vincent Faragalli told them to go home. “As of right now, we are without any leads.”
Faragalli learned that the parish housekeeper had seen someone kneeling in a pew a few minutes before Carol entered the church. He was eager to learn the identity of this “mystery witness,” but his attempts to extensively interview church staff were quashed by Monsignor Paul Baird, the leading cleric at St. Mark’s, who refused to let police interview the reverends Joseph Sabadish or Michael Carroll.
But police had already interviewed Father Sabadish once before. Monsignor Baird withdrew cooperation, and now they began to focus the investigation on Sabadish. Sabadish had been extremely nervous and evasive during the interview. He gave an alibi that police easily discredited. The priest said he had been a few blocks from the church on West Circle, making his rounds on the annual parish visitation, during the time of the murder. But the surviving investigator interviewed by reporter Mullane said that Sabadish had lied.
“He left a note at one of the houses that showed he was on West Circle a couple of hours before the murder,” the investigator said.
In 1962, a clerk at a Bristol shoe store told the police that Sabadish came into the shop shortly before 4:30 that afternoon—when Carol was apparently already dead—acting strangely. Nervous and distracted, he asked the clerk for the time, and also asked a bizarre question in a shoe store, “Do you sell underwear?” The clerk noted that Sabadish was wearing a wristwatch and knew the time. Police believed Sabadish was trying to create an alibi for himself. And they became increasingly suspicious of the priest’s possible sexual perversions when they obtained receipts for purchases he had made at an upscale ladies’ lingerie shop.
They were still looking at other possible suspects. But the night before Halloween, a week into the investigation, Chief Faragalli received disturbing information that made Sabadish the primary suspect. A married woman in nearby Fairless Hills told police that Sabadish had threatened to rape her three or four weeks before Dougherty’s murder. She knew Sabadish from years earlier when she lived at a home for unwed mothers where he was the chaplain. Now on the telephone he had made sexual advances, including a threat that he wanted to rape her. Sabadish said she needn’t worry about becoming pregnant because he was “sterile.”
Furious, the woman’s husband called Sabadish and confronted him, while taping the phone call. Sabadish admitted making the obscene telephone calls and sexual threats. He apologized and promised not to do it again. Chief Faragalli had obtained the tape.
When Sabadish was making his rounds on parish visitation, the chief and a detective picked him up in an unmarked car and took him to the Bucks County Courthouse in Doylestown, where a county detective gave him a lie detector test. The priest passed the polygraph.
After that, police turned to other suspects they considered equally compelling. A town drunk admitted he killed Carol. Later, it was discovered that the man was mentally ill, and furthermore a Bristol cop had coerced his confession. A local convicted child molester rose to the top of the list, but he proved he was in another state at the time of the murder.
At the Vidocq luncheon, the police said that Frank Dougherty could not forget how the church had shunned him and his wife after Carol’s murder. Father Sabadish refused to make eye contact with him. Neither Sabadish, Reverend Carroll, nor Monsignor Baird called on the family to comfort them. When Dougherty asked Sabadish in the church confessional, “Father, am I wrong in assuming a priest could have killed my daughter?” the priest stood up and left the confessional.
Police never questioned Sabadish again. “We had no concrete evidence to tie Sabadish to the murder, except that he was very evasive during the interrogation,” said the surviving investigator.
Shortly after the polygraph, Sabadish was quietly transferred from St. Mark’s with no explanation to parishioners. He returned months later, again without explanation from the monsignor. Five years later, he was transferred to St. William Parish in Philadelphia. Then followed more than a dozen transfers in eighteen years within the archdiocese in eastern Pennsylvania. In recent weeks, Mullane, the reporter, had tracked down Father Sabadish, now in his seventies and still employed by the Archdiocese of Philadelphia as a chaplain at a Montgomery County Catholic hospital. Mullane asked the aging priest if he killed Carol Ann Dougherty. Sabadish vehemently denied it, calling it “an absolute, positive lie.” He denied that he had made obscene phone calls to a Fairless Hills woman, saying, “That’s news to me,” and called police detectives “crazy.” After the newspaper stories were published he called Mullane, furious, and called him “anti-Catholic.”
Now the Bristol police were seriously considering other suspects as they reopened the investigation. The Vidocq Society urged police to test the semen, pubic hairs, and a badly smudged fingerprint left on Carol’s plastic hair band, presumably the killer’s.
After the luncheon, Fleisher left the City Tavern determined to solve the case. “It was the priest,” Fleisher said. “We all knew it was the priest.”
Within days, the Vidocq Society had formed a task force to bring the killer of Carol Ann Dougherty to justice.
• CHAPTER 34 •
WHAT I WANT TO HEAR ARE HANDCUFFS
T
he light in the room was storm cloud gray, and ice glistened on the sidewalks below the municipal building. A bitter north wind beat the windows of the detective division of the Lubbock Police Department. The man from Philadelphia had not enjoyed his week on the high plains of West Texas. He had sat in the police car grimly staring at cotton fields rolling under black judgment-day skies. Goose hunting country, they said.
It’s a fucking wasteland is what it is,
he thought.
You can see a pimple on a cat’s ass.
He detested the bone-chilling cold but was warmed by a
Lubbock Avalanche-Journal
story open on the desk:
SUPER SLEUTH CALLED TO SHED LIGHT ON BIZARRE DISAPPEARANCE.
It was the front-page story that touted his arrival, followed by a second front-page story in the
Avalanche-Journal
that had made him something of the talk of the town.
INVESTIGATOR EXPECTS TO CRACK DUNN CASE.
Walter had confidently declared that Lubbock police would soon solve the case of Dunn’s disappearance. After spending one day studying the case, interviewing suspects, and talking to police, Walter promised that the “nasty and clever” killers’ eighteen months of gloating would soon come to an end. His analysis of the murder indicated that the killers were “smart” but made “mistakes.” They unknowingly revealed their patterns to him, leaving “trails, bits and pieces” that would be their undoing.
“Success will be based on two things,” he said. “A) The case merits success, and B) I don’t like losing a case. I have a bulldog mentality, and what I want to hear are handcuffs, and I want to do it right. . . . If I were the suspect, I wouldn’t feel comfortable. I wouldn’t buy any green bananas.”
Now at eight o’clock that morning in December 1992, Walter sat down with a police corporal, sergeant, and detective to discuss the Dunn case. The thin man looked fresh and energized in his blue suit, his blue eyes shining above the French tricolor pin on his lapel. Tal English, the tall, twenty-seven-year-old detective, had an aw-shucks manner that matched his sandy hair and cowboy boots; he and Walter had bonded working the case for months over the telephone. The older man had croaked, “Young man, we’re going to go into the jaws of hell and bring this case back out.” Corporal George White, distinguished-looking with gray in his dark hair, and Sergeant Randy McGuire, large and bald, sat stoically appraising the profiler. They all got along in an atmosphere of mutual respect, but the two veteran cops had not seen eye to eye with the “super sleuth” from the Vidocq Society in their previous meeting.
After the cops’ courteous Texas welcome, which Walter always appreciated, he got right to his point: They should immediately take the case to District Attorney Travis Ware and press for murder charges. Walter wanted the charges filed against Leisha Hamilton and her neighbor and lover Tim Smith, fiercely jealous of Scott, whom he believed was an accomplice.
Corporal White and Sergeant McGuire took a long look at the man from Philadelphia. The case had been a top priority for a year. Jim Dunn was a hometown boy, a hall-of-fame alumnus of local Texas Tech; his best friend was still his old college roommate W. R. Collier, president of the largest locally owned bank in Lubbock. There was great public interest in the gruesome disappearance of a prodigal son in a cloud of sex, blood, and duct tape, and the police had invested thousands of man-hours. Murders were relatively rare in the Texas city of 186,000 people, but they were reading about this one over coffee from Plainview to Dallas to Jacksonville, Florida. The police wanted nothing more than to solve it. They liked Walter, and he them—“they were all great guys”—but they just couldn’t see how a petite, charming twenty-eight-year-old woman had orchestrated a vast conspiracy of lies and cold-blooded murder.
Walter tried to convince them.
“This case is like shaking hands with smoke,” he said. “It’s a matter of you can see it, you can smell it and taste it, but it’s difficult to get your hands around it.”
Walter urged them to look at the crime scene, the killing room with blood halfway up the walls and splattered on the ceiling. They all agreed Scott Dunn had no doubt died in that room. The point of departure was that with no body and no weapon there was no case, according to the police. Without that foundation of physical evidence, it wasn’t possible to bring murder charges under Texas law, as the DA never tired of reminding them.
Walter saw it differently. “I say, OK, we don’t have a body. Its absence is a clue. Let’s use that to move forward.”
The problem, as he privately saw it, was that “cops are concrete. They think in structure. The whole investigative process is structural, and wisely so. Traditionally, you work from the inside out on a case. You work from the evidence forward. Here you don’t have a body, you don’t have the primary evidence; that’s it, end of story. So in this case one must work from the outside, the pathology, back to the crime scene.” He smiled to himself at the small irony that it was eccentric Eugène François Vidocq, in nineteenth-century Paris, who first had the gall to reveal broader and deeper patterns to the straight-thinking gendarmes.
BOOK: The Murder Room
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