The Murder Room (39 page)

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Authors: Michael Capuzzo

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That evening, the Dunns and Walter celebrated Hamilton’s sentencing at a local restaurant. Wine and satisfied smiles ringed the table. Walter encouraged feelings of triumph; these were the sweet drafts of justice spiced with revenge. It was time to drink deeply.
The profiler was quite pleased with himself. “In the course of events, it’s most satisfactory to vanquish a power-assertive personality, a killer who believes he can mow down anything in the way with raw power, even more than the other types,” he said. Dunn asked him why. The profiler grinned conspiratorially. “Well, as it happens, I’m rather power-assertive myself.” The two men laughed heartily.
But by the end of the evening, alcohol and euphoria began to ebb. Walter pointed out that Texas’s lax parole laws would spring Hamilton long before her sentence was up. Walter saw Dunn still warring with the fates, still fumbling along between the rocks of retribution and forgiveness, trying to find the path of the virtuous man. He reached out and put his arm on his friend’s shoulder and said they would press on together. They would do whatever it took, whatever could be done, whatever was just and right.
He looked in his friend’s tragic face and hoped that would be enough.
• CHAPTER 40 •
THE WORST MOTHER IN HISTORY
O
ne evening in October 1997, William Fleisher stood in the formal, polished-wood elegance of the Mütter Museum in Philadelphia studying a gallery of horrors. In the brilliantly lit cases rested the conjoined liver of the world-famous Siamese twins Chang and Eng; the cancerous growth removed from President Grover Cleveland’s throat; shriveled baby corpses; and the Soap Lady, whose fat mysteriously turned to soap lye in the grave in the 1830s. Dr. Thomas Dent Mütter, who founded the world-famous museum of medical oddities in 1858 to train physicians, had contributed a gangrenous hand and a woman’s rib cage torturously compressed by tight lacing. Not far from Supreme Court justice John Marshall’s gallstones was the skull of an ax murderer, an ancestor of the actor Jack Nicholson, who chopped up shop clerk Ellen Jones in 1863 in rural Pennsylvania.
Fleisher was waiting to hear forensic anthropologist Bill Bass discuss “Death’s Acre,” also known as “The Body Farm,” his Tennessee laboratory for scientific study of decomposing bodies. Fleisher prided himself on his ability to spot a reporter crashing a roomful of cops—the longish hair, softer slacks and shoes, open collar, no tie—and saw one in the crowd. It was
Philadelphia
magazine writer Stephen Fried, who’d arranged to get into the speech through the good offices of a source, New Jersey pathologist Jim Lewis, just so he could speak with Fleisher. Fleisher turned to listen. This was the reporter’s chance.
“I want to talk to you about Marie Noe,” Fried said. Fried, winner of national awards for investigative reporting, said he had been working on the long-dormant story of Marie Noe, the tragic Philadelphia woman who lost eight of her ten children, born between 1949 and 1968, to crib death. In 1963,
Life
magazine wrote a heartrending story of the deaths of Richard, Elizabeth, Jacqueline, Arthur Jr., Constance, Mary Lee, Cathy, and Little Artie despite the couple’s heroic attempts to make a family. Never in American history had such an awful fate befallen a mother. Fleisher knew all about sad Marie Noe; he waited for Fried to reach his point.
His point was that Marie Noe had murdered all her children. That’s what it looked like to Fried, who was inspired to dig into the case after reading
The Death of Innocents
, by Richard Firstman and Jamie Talan, the true story of a New York woman convicted in 1994 of murdering her five children decades earlier. The book explored new scientific research that indicated that many “crib deaths” were in fact murder. Fried had spent hours interviewing Marie and her husband, Artie, at the elderly couple’s Kensington row house, turning over their scrapbooks.
He’d interviewed Joe McGillen, VSM, a retired medical examiner’s investigator, a tough, diminutive Irishman who worked part-time as a “bird dog,” or baseball scout, but spent most of his time trying to bring to justice the killers of nine children from the 1950s whose murders he had never stopped investigating—the Boy in the Box and the eight babies of Marie Noe. He’d waited for decades for somebody to ask him about his investigation of Marie Noe’s babies, whom he always thought were murdered.
Fried had interviewed Dr. Marie Valdes-Dapena, now seventy-seven and the “grandmother of sudden infant death research,” who had performed the autopsy on Constance, baby number five, in 1958. After several hours of looking at Fried’s evidence, Dr. Valdes-Dapena said, “It just seems impossible that this woman is still walking around as free as a bird. . . . I’m ninety-nine percent sure that these deaths were not a natural happening.”
Fried had two boxes filled with research material. But he needed access to decades-old police records, the case files, to get any further. He needed help.
Fleisher shook his head sadly. “I can’t get you records, but I can get you help.” Fleisher later introduced Steve Fried to Sergeant Laurence Nodiff, Philadelphia PD’s cold-case squad supervisor. “I made a
shidduch,
an arranged marriage, between Steve and Larry.”
Sergeant Nodiff was stunned by Fried’s files. The reporter had conducted an investigation worthy of a top-flight detective. Nodiff reopened the case based on Fried’s work. One of his first steps was to take Marie and Artie’s polygraph results to Fleisher and Gordon for a review. In the 1960s, both husband and wife had been judged to be truthful when they claimed to know nothing about how the babies died. If that was still the case in Fleisher’s and Gordon’s view, Nodiff was less likely to go interview the Noes.
In the brownstone headquarters of the Vidocq Society, Fleisher and Gordon studied the charts. They shook their heads in bewilderment. “Marie’s charts are clearly deceptive,” they agreed. “Arthur’s charts are inconclusive at best.”
Fleisher also persuaded Hal Fillinger, the esteemed Philadelphia medical examiner and Vidocq Society Member, to take a new interest in the deaths of Marie Noe’s babies. The cold case was reuniting three graying forensic warriors, all stalwart figures from the renowned Philadelphia medical examiner’s office of the 1960s. Dr. Fillinger had been treated for cancer; investigator McGillen recently had a quadruple bypass; Dr. Valdes-Dapena was becoming forgetful. Marie Noe’s babies had been one of the first major cases of their careers; now it would be one of the last.
Dr. Fillinger had been long frustrated by the case. “I remember telling a nun there were two ways of looking at this. ‘If you give Marie Noe a baby, she’ll either kill it quickly . . . or, if she had no hand in these deaths, nobody deserves a baby more than she does.’ ” He’d long regarded the case as a “ditzel. A ditzel is a case that looks like a goodie, but means nothing. It’s a fairy tale you bought and you get it home and the last chapter is torn out. So there is no answer. . . . I wonder what happened to those little kids. But there are so many blind alleys. You think you’ve got something meaty, but it’s like a papier-mâché pizza. You keep thinking, somebody must know something somewhere. But they don’t, because, well, it’s a ditzel.”
After reading the reporter’s file, Fillinger said, “This changes my whole concept of this case. This file really accuses them of murder. . . . I would have to go to the DA and say these people should be investigated.”
Many of the official records of the Noe case had since been destroyed. But in a spare bedroom of his home, McGillen had kept for four decades his investigative files on the Noe case. It was a startling record, and it gave Fried, Nodiff, the VSMs, and the district attorney a foundation to build upon as they developed the case.
It was registered as Vidocq Society Case No. 55, The Babies Noe Case. It looked to Fleisher like Marie Noe, right in his hometown, had been the most prolific killer of her own children in modern history—and gotten away with it.
• CHAPTER 41 •
THE BOY WHO NEVER DIED
T
he child was dead, brutally murdered, and the cops were converging on the scene from across the region. But they were driving more slowly now, forty-one years later. Patrolman Sam Weinstein, who carried the boy for the trip to the morgue that distant morning, was seventy-one years old now, but still burly with a hard glint in his eye. Bill Kelly, the gentler-natured fingerprint man, in his late sixties with white hair framing his liquid blue eyes, doted on his six daughters—“Kelly’s Angels”—and grandchildren. President Eisenhower, young pilot John Glenn setting a California-to-New York speed record, Hamilton’s electric “watch of the future,” the world they knew on February 25, 1957, was gone, but not forgotten. The cops were still working the case. From Ike to Clinton, through nine U.S. presidents, the Cold War, Korea, Vietnam, and the first terrorist bombing of the World Trade Center, they had never stopped.
Kelly, retired from the police department, still never passed a hospital without checking the footprints on file of newborns from the early 1950s; he’d studied 11,000 prints, but maybe the next one would identify the boy. Weinstein sorted through the case records, boxes stuffed with files, photographs, hundreds of tips and notes, looking for anything they may have overlooked. Remington Bristow, the medical examiner’s investigator, had devoted thirty-seven years to the case, traveling everywhere with a death mask of the boy in his briefcase. When he touched the boy’s death mask he grieved as if he had been touched by a spirit, and he urged others to touch it, too; some investigators believed he had gone around the bend on the case. When Bristow moved from Philadelphia to Arizona, where he died in 1993, his granddaughter drove him across the country, stopping so that her grandfather, sickly and half-blind, could check new leads all the way. “Rem was ‘The Man,’ ” said Kelly, who had worked alongside him for years on the case. Rem’s work went on.
The boy, who would have been nearly fifty years old now, still lay in Potter’s Field, under the small monument the homicide bureau long ago purchased—the only monument in the field of body parts and the insane, criminals, and the forgotten. For four decades the detectives had visited with flowers in the spring, a yellow sand pail in summer, a newly oiled baseball glove for Christmas, as if he were growing up to be a fine young boy. Bristow had said that with his slender build the boy had the makings of a basketball player instead of football. The cold-case cops kept the boy alive with the heat of longing and memory. He was the boy who would never grow up, who would never die.
They prayed over the legend the homicide bureau once wrote:
“Heavenly Father, Bless This Unknown Child.”
If devotion to solving a child’s murder is a measure, the boy so little cared for in life had been more loved by two generations of police detectives than any child in Philadelphia history—loved when there was no hope.
Now there was hope. The Vidocq Society was on the case.
On Thursday, March 19, 1998, Weinstein and Kelly entered the old Public Ledger Building, across a side street from its twin, the Curtis Publishing Company building, where
The Saturday Evening Post
was once published, and took the elevator to the tenth floor, to the walnut-paneled Downtown Club. The former men’s club was the new meeting place of the Vidocq Society; the white-linen-covered round tables overlooking Independence Hall were now the setting, on the third Thursday of each month, of the Murder Room.
Vidocq Society commissioner Fleisher greeted the retired cops warmly. Weinstein and Kelly, Fleisher’s former police department colleagues, were now VSMs. Following an invocation by Kelly, the devout Catholic, and then lunch, Fleisher announced that the society was now investigating “one of the most amazing cases in Philadelphia history.” Fleisher had put the full power of the Vidocq Society into finding the identity and the killer of the Boy in the Box.
The Murder Room was filled beyond capacity with more than eighty detectives and their guests. Some detectives were forced to sit on stools at the bar. The menu was chicken, steamed vegetables, and a corpse with a small and unforgettable face. After lunch, the beaten, bruised image of the boy floated on the screen at the front of the room, his sunken eyeballs painted in shadows. Kelly fought back tears, as if he was seeing the picture for the first time. Fillinger, the city coroner who’d worked on the dead boy forty-one years ago, was ready to reexamine the case.
Fleisher had made another
shidduch,
this one with homicide detective Tom Augustine of the Philadelphia Police Department, which had agreed to reopen the case and work with the Vidocq Society investigators on the case. Augustine brought forty-one years of case files to the society’s brownstone headquarters on Locust Street. It was the sum total, from day one, of all “we’ve worked on day, night, and day year after year. Boxes and boxes, thousands of pages.” In a private second-floor room, Weinstein, Kelly, and McGillen were in the process of going back through all the old records. The three VSMs had formed a Boy in the Box investigative team, headed by Weinstein.
Now, at the meeting, a radiant energy emanated from the table of the old cops, white-haired, stooped, and balding, men whom only a heart attack or cancer could stop from pursuing the next lead. The old Catholic and Jewish detectives saw the murder of innocence not as an end but the beginning of a soul’s journey toward redemption. They were men who had a green thumb in the garden of death.
Fleisher introduced Ron Avery, the veteran
Philadelphia Daily News
columnist whose research for his new book,
City of Brotherly Mayhem,
had inspired the commissioner to revisit the case. Avery briefly reviewed the case he said was “indelibly emblazoned in our memory.” He tantalized the detectives with the fact that the case had provided “loads of clues and loads of evidence . . . dozens, scores, hundreds of good leads.”
Richard Walter was working on a profile of the killer based on the crime scene. Frank Bender, seated next to Walter, closely examined all the old photographs of the boy. Bender was doing an age-progression sculpture, but one even more challenging than John List’s. Bender was sculpting the bust of what he felt the boy’s father looked like, hoping someone would recognize the father and come forward with information on the case. With not an iota of knowledge of the boy’s parents, he was flying purely on intuition. But Bender had performed a miracle with List, and
America’s Most Wanted
had committed to airing a fall episode on the Boy in the Box featuring the bust. There was a sense of possibility in the air.

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