Cricket Coogler (1930-1949)

El Paso Times photo -
April 6, 1951

It's been 70 years since the barely concealed body of 18-year-old Las Cruces, New Mexico waitress Ovida "Cricket" Coogler was discovered in a shallow grave.

Despite numerous suspects and multiple witnesses to her movements on the night she was last seen alive, sixteen days before her body was found, the case has never been solved. The coroner can't even say for certain how she died. There was no autopsy and a bag of lyme was dumped on the body prior to its burial.

Popular opinion is that the police and top-ranking politicians of the day wanted to close the case but they didn't really want the right man to go to prison.

Police twice arrested NFL star player Jerry Nuzum but the good citizens of New Mexico refused to convict; they felt Nuzum was being railroaded.

Santa Fe New Mexican
photo - July 10, 1950

Police drove Wesley Eugene Byrd out into the desert and attempted to force a confession out of him but he refused to admit to a crime he said he didn't commit.

Who killed Cricket Coogler and why? Were investigators inexperienced, incompetent or purposely obstructing justice to cover up for their cronies?

This case is filled intrigue, corruption, mafia ties and honest citizens being stonewalled.

Rather than delve deep into the crime myself, as I had originally intended, I'm going to recommend the work of two others.

If you only want to spend 85 minutes on the case - I suggest watching the 2000 award-winning documentary "The Silence of Cricket Coogler: A Political Murder" by Charlie Cullin.

It's available on Vimeo, for purchase or rental.

I've uploaded the trailer to this blog's YouTube channel. https://youtu.be/S-Z2LTK0wuY

My only complaint about the documentary is that background on the victim is sparse. The focus is primarily on the kick-ass Grand Jury that was convened to look into why the sheriff's department would be doing such a lousy job investigating the homicide plus the corruption which jury members worked hard to uncover and the impact this pursuit of justice had on several of the major players. The best thing about the film might be, in my opinion, the interviews with folks who were involved in the reporting of the events and a few surviving members of the grand jury.

If it's a more comprehensive look at the case you're interested in, then pick up a copy of Paula Moore's work "Cricket in the Web."

from the As Close to Crime library

This 2008 book is well-researched and the author does what I would do myself if I was relating this crime to you - she makes a point of tracking the movements of the key players after the excitement of the trials had died down. There are plenty of suspects and many conflicting witness statements. Moore tries to sort through the evidence.

Neither Cullin nor Moore actually accuse any one individual of killing Cricket Coogler, either because they don't know or they don't wish to be sued.

I, naturally, recommend both the film and the book as a set piece. The documentary, including it's unused footage, was a resource for author Paula Moore.

A Suspicious Death

It was early Wednesday evening, August 23, 1950, when the body of 22-year-old Ann Victoria Barrett was removed from Canoe Lake, located in Philadelphia's Island League Park (now FDR Park).

George Metzer, Sr. and his two children, aged 8 and 15, were out making memories to last a lifetime when they spotted her. The fully-clothed body was floating in the middle of the lake, roughly 40 feet from the shore. The water was only 4 feet deep. Ann was 5 feet tall and weighed 110 pounds.

Mr. Metzer rowed his family back to shore, reported what they'd seen to the boating concessionaire, who then summoned the Park Guards. The Guards rowed out, retrieved the body and transported her to Methodist Hospital.

The woman was wearing blue Navy slacks and matching waist-length jacket, a yellow jersey, black socks and black loafers. Ann Victoria Barrett, a Navy WAVE, had been reported missing the day before. On the very day Ann was reported missing, a man who was fishing in Canoe Lake spotted a wallet in some shrubbery, located 4 feet from the water. Seeing that the wallet belonged to a WAVE, he turned it over to a sentry at the Naval Base gate.

At the morgue, Ann's body was positively identified by Katherine Bennett, yeoman 2nd Class, and Lillian M. Young, yeoman 1st Class.

Identifying the body was never the problem. Determining how she ended up there was. A difference of opinion would stall the investigation.

Robbery was ruled out as a contributing factor because Ann's wallet still contained an undisclosed amount of cash and on the ring finger of Ann's left hand was diamond ring. She hadn't been raped so it didn't appear to be a sex crime. The coroner concluded that cause of death was drowning.

Police interviewed Ann's fellow WAVES and heard one misconception that quickly had Captain James A. Kelly, homicide squad chief, writing her off as a suicide. Several women told the detectives that they knew Ann to be "a war widow" who was despondent over "the death of her husband in Alaska."

undated photo,
Legacy.com image

Ann's military record showed her marital status as "single." Ann's mother, Catherine, and Ann's twin sister, Alice, disputed this claim of Ann being a widow. According to Catherine, her daughter Ann, "never even went steady" with a young man.

Ann's father, Arthur, who was 37 years older than Catherine (his 2nd wife), had died in 1943 at the age of 73.

L to R - Ann, Catherine and Alice in the early 1940s
Legacy.com image

As far as being depressed, this too was contested. Ann returned to Denver on leave during the first week of August. During that time, she showed no signs of depression and, in fact, Ann told her family she was "having a swell time."

Catherine referenced a letter from Ann that she'd received on August 19th which stated Ann had enjoyed her recent holiday in Denver but she had "missed the kids" at the Naval Base WAVE barrack and was glad to be back in Philadelphia.

Ann's commanding officer, Lt. Commander Audrey F.C. Williams, also disagreed with the police's assertion that Ann was depressed and took her own life. According to Williams, "Miss Barrett was at no time despondent or worried. She seemed in her usual cheerful good spirits."

Ann Barrett had enlisted in the Navy Women's Reserve in November 1948 because they offered training in something she was passionate about - photography. Ann completed basic training at the Naval Station Great Lakes in Illinois and was assigned to Philadelphia's Naval Air Experimental Station in February 1949.

Ernestine Fredette

On August 21, 1950, Ann took part in an impromptu party at a bar called "The Bucket." According to the Philadelphia Inquirer newspaper, they were celebrating a victory by Ann's softball team. With Ann that night were three fellow WAVEs - Ernestine Fredette (who had driven the three gals there), Mary Ernster and Amary Smith plus 5 enlisted men in civilian clothes.

Amary Smith was the first to leave the group that night; she had a previous engagement.

As the evening wore on, Ann told the others that she was feeling tired and asked Ernestine Fredette for the keys to her car. Ann wasn't planning on driving herself back to the base; she thought she might take a nap in the backseat. Ann stepped outside just long enough to unlock the car before returning the keys to Ernestine. Ann said she would lock herself in the car.

Around 11:45 PM, Ann's friends came out, knocked on the window and offered to drive her back to base but she declined. Less than 30 minutes later, two Navy enlisted men, Cyril Bowe, aviation mate third class, and Frederick Boldt, seaman first class, spotted Ann still sleeping in the back of the car and offered to escort her back to base. Again, she declined.

When Ernestine and Mary left the bar at 1:30 AM on Tuesday morning, they noticed immediately that Ann was gone and the car was unlocked. They drove back to base and learned that Ann had not checked in at the barracks in Mustin Field. They returned to search the area between bar and the base, but finding no trace of Ann, they reported her missing. She was scheduled to be on duty Tuesday morning.

At 4 PM on Wednesday, Ann was missing no longer.

Philadelphia Inquirer -
Feb 14, 1955 image

Curiously, Captain James A. Kelly was quick to announce to the press, and I assume to Ann's family, that the police investigation produced "nothing to indicate that she died of any violence." He theorized that Ann may have slipped or plunged into the water. He had not yet received the coroner Joseph Ominsky's report. This rush to judgement on Kelly's part is disappointing because he had some high-profile arrests under his belt at this point.

Much was made, in the newspapers, of the fact that a lover's lane, popular with sailors from the base and their girlfriends, runs along the area where she was found but that seems out of character for Ann.

Mrs. Catherine Coskey, waitress at The Bucket, told police that Ann wasn't aloof when at the bar but that she had never made any dates with men she met there. Mrs. Coskey also reported that Ann, who usually drank beer, only had two glasses of beer that evening before heading out to Ernestine's car for a nap.

Even if Ann were to take this lover's lane back to the barracks, it's a distance of one mile between the bar and the lake.

It's difficult, after 69 years, to pinpoint the exact location of a bar that's
no longer in business. Especially as various newspapers described it differently.
I feel it must have been at an intersection somewhere near where I've indicated.
This will give you a rough idea of the distance between the bar and Canoe Lake.
The Philadelphia Navy Yard is at the bottom of the map near the Google logo.

Dr. Frank Glauser, coroner's physician, performed the autopsy on Ann and his report included things not mentioned in the police report. Namely three bruises to Ann's nose and lower lip and the discovery of two monogrammed, blood-stained handkerchiefs that had been stuffed into Ann's yellow jersey. According an August 26th edition of the Philadelphia Inquirer, both handkerchiefs had the initial "C" on them. Earlier reports had the initials as either a "J, "C" or "I."

Dr. Glauser's report concluded that Ann's drowning and the events leading up to it showed no indication of being natural or self-induced. He felt there was a good chance she had been rendered unconscious before being tossed into the water.

Philadelphia Inquirer photo -
August 27, 1950

On Friday, August 25th, detectives from the coroner's office spent three hours interviewing fellow WAVEs Ernestine Fredette, Mary Ernster and Amary Smith. During the interviews, Detective John Fenton learned that one of those three women, it wasn't revealed which one, had been at The Bucket one week prior and suspected someone seated at her table might have slipped her some "knockout drops."

Police revealed this fact to the press on Saturday, August 26th. They also made it known that they were anxious to talk with one of the five sailors in civilian clothes who had been part of the impromptu party on the evening on Monday. Rumor had it that he had been seen kissing Ann before she went missing. His name was not revealed.

Ann's mother and sister flew in from Denver while police were still waiting on results from tests being conducted by Dr. Charles Lampert, city chemist. They arrived on Saturday, August 26th and were guests of the Naval Base.

Despite early pronouncements by the police of Ann's death being suicide, an investigation was launched by the coroner's office and the US Navy.

A conference was convened so that all of the investigators could compare notes. In attendance was Captain James A. Kelly who brought along Sgt. Samuel Riccardi and Detective Daniel O'Mahoney (two members of his homicide squad), Coroner Joseph Ominsky and Deputy Coroner M. Philip Freed, Coroner's Detective John Fenton, Park Guard Detective Sgt. Thomas Clark. Afterwards, they were all in agreement. Ann's death was not suicide.

Ann's memorial service was held on August 29th at the Naval Base Chapel.

On August 30, 1950 the results of Dr. Lampert's test were revealed. There was no evidence of drugs, barbiturates or knockout drugs in Ann's vital organs. The blood analysis showed an alcoholic content of .15 of one percent. This indicated Ann had been drinking but because her body had been in the water for some time no definite conclusion could be reached, said Captain Kelly. However, if you recall, the waitress stated Ann had only had 2 beers that night.

Despite everyone's best intentions to investigate the circumstances of Ann's death and perhaps bring a murderer to justice, the case went cold. Nothing additional was reported in the nation's newspapers regarding the investigation until December 1st, 1950.

On November 30, 1950, following a 2 1/2 hour coroner's inquest, the official verdict was that Ann Barrett "came to her death by drowning in a manner unknown - in line with her duty while serving her country." Fifteen people, many of them sailors, testified at the inquest but nothing new was revealed. We still don't know the name of the man who was seen kissing Ann. It may have been revealed at the inquiry but nothing was made public.

Coroner Joseph Ominsky said he would classify the case as open, ever hopeful for future developments, but it was acknowledged at the time that a resolution was unlikely. Line 21 of the Pennsylvania death certificate calls for a determination of  Accident, Suicide or Homicide. Joseph Ominsky marked it as "UNK."

On October 15, 1953, 51-year-old James A. Kelly resigned from the Philadelphia Police Force, ending his 25-year career. As a parting shot he accused his superiors of ruining his health and destroying his initiative. Less than two years later he was dead.

Ernestine Fredette, who joined the Navy in 1944, retired in 1966. Her final assignment before retiring was the portrait studio of the Naval Photographic Station in Washington, D.C. Among the photos she was honored to have taken were President Lyndon Johnson and his wife Lady Bird; Secretary of the Navy, John Warner; Astronaut Scott Carpenter; and actor LCDR Jackie Cooper, USNR.

Catherine Barrett died on September 15, 1990, still waiting for news regarding Ann's death.

Alice Barrett married Jackson Gould on July 12, 1952. They had a lasting and loving marriage which resulted in children and grandchildren. Jackson died in 2007 and Alice in 2009.

Ann Victoria Barrett is buried in Arlington National Cemetery.

www.findagrave.com photo uploaded by John Evans

It's nice to know that Ann's mysterious death hasn't gone completely forgotten. In 2010, 2013 and again in 2016, the daughter of a former WAVE who had been Ann's friend when they were stationed together at the Philadelphia Naval Base, placed inquiries on various genealogical websites seeking information regarding the case on behalf of her own mother and Ann's niece. It doesn't seem as though she's had much success but at least someone's still looking for answers.

Were There Other Victims?

John Elgin Walrath -
photo from the
Sheboygan (WI) Press -
November 25, 1969

On Saturday afternoon, November 22, 1969, a strange man approached a group of young boys playing in a Chicago park and he lured them away to a secluded area across some railroad tracks.

What began as playful tickling took a strange turn when the man offered the boys $1.00 each to engage in more sexual acts.

9-year-old Steven Walker would later testify in court that all refused the offer and ran away. 6-year-old Timmy slipped on a rail and soon found himself in the man's car.

When Timmy failed to come home that evening, his mother Kathy began searching. She interviewed the neighbors and contacted the police to report her son missing. Information supplied by Steven was all it took for the FBI to be brought in.

Police in Illinois, Michigan and Indiana were issued an APB. They were looking for a blueish-green 1968 Chevrolet sedan being driven by a man, 30 to 35 years old.

Google Maps used to show the beginning
and the end of their wild ride

Twenty four hours later and 250 miles from Timmy's home, a group of deer hunters spotted a man dragging a young boy's limp body through the shallows of Lake Michigan at Little Point Sable, just west of Hart, Michigan.

They approached and became involved.

The boy was soaking wet but alive. 

When Timmy saw help had arrived he became hysterical. Timmy had only been "playing dead" and the strategy worked; Timmy had learned a lot in 24 hours.

Timmy told the hunters "He tried to drown me!" With that revelation now out in the open, John Elgin Walrath bolted.

Walrath had his own car parked not far from the lake and he headed right to it.

Just as quickly, four out of the five hunters were in hot pursuit - the deer could wait. Bob Koepler and Ron Evernham ran to Bob's truck and set up a road block. Paul Evernham and Raymond Diepan pushed through the dunes in their Jeep. A fifth man, Cal Steele, drove Timmy to the house of friend.

The hunters flagged down a passing motorist, Steve Juterbock, and asked him to call the police. As Juterbock told reporters, "It was a one-in-a-million chance that the hunters were there. The hunters were going back to get a jeep that was stuck. It was a good mile from anywhere that you could drive with a normal vehicle."

The roadblock did slow Walrath down. It was here that he exited his vehicle and Bob Koepler made an unsuccessful grab for him. Walrath pushed Koepler to the ground. Walrath jumped back in his car and swerved around the roadblock but not before Ronald Evernham smashed the windshield of Walrath's sedan with a large board.

When the Chevrolet sedan sped by Juterbock, he made note of the car's license plate. Koepler followed for several miles at speeds of nearly 100 MPH before losing him. Cal Steele told The Chicago Tribune, "Bob just about ruined his truck trying to batter him off the road."

Authorities credit the UPI with making the quick connection between this incident and the missing boy from one state over. 

Police ran the license plate and knew they were looking for 30-year-old John Elgin Walrath from Hammond, Indiana.

On Monday the 24th, Timmy was reunited with his mother Kathy and John Walrath, a bachelor who was employed as a 6th grade reading teacher at Wadsworth Elementary School in Griffith, Indiana was in custody.
An FBI agent overheard Walrath say "I knew I would be caught but I didn't think it would be so soon."

Kathy Bryant described this incident as "too good an object lessons for the girls." She had long told her three children not to talk to strangers but her warning hadn't been sufficient to save her son from being abducted. Kathy told daughters Pamela, aged 5, and Cheryl, aged 4, that a man nearly drowned Timmy and warned them "Don't ever leave our yard and never go with anybody, even if they offer you candy." Pamela put a hand over her mouth and said she understood.

Kathy told reporters "What a one-in-a-billion chance that those hunters came by. I just shake when I think about it."

photo from the LA Times -
November 25, 1969

On Tuesday the 25th, police revealed what they knew about Walrath's criminal past and what they'd found after searching his Hammond, Indiana apartment.

John Walrath moved from Syracuse, NY to Indiana in 1960 to study electrical engineering at Indiana Technical College. On February 4, 1961, 21-year-old John Elgin Walrath's was arrested and identified as the "screw driver burglar." Walrath would target completely darkened houses in the better areas of Fort Wayne, Indiana. He routinely struck between 7 and 10:30 PM. He stole money, trading stamp books and small valuables such as binoculars or radios.

Walrath committed between 27 and 40 thefts, depending upon which newspaper account you read, before his crime wave came to an end. According to the February 6, 1961 copy of The Commercial Mail (an Indiana newspaper), Walrath "told police he wanted to accumulate enough money to reach California after graduation to get away from his parents" who "were very strict." 

Although his punishment for being found guilty of first degree burglary was 10-20 years, Walrath was paroled from the Indiana State Reformatory on August 7, 1964. In 1965, he enrolled at the Fort Wayne Bible College. Walrath graduated in June of 1968 with a bachelor of science degree. Walrath had never made it to California or out of Indiana.

In 1968, Walrath was arrested in Fort Wayne for shoplifting.

Neither this arrest nor his previous conviction for burglary and the resulting prison term were included in Walrath's application to the Wadsworth Elementary School in Griffith, Indiana. Under previous work record was listed "Counselor to Juvenile Delinquents." School Superintendent Kenneth Manifold based his decision to employ Walrath on a "very impressive" record as a student teacher and a glowing recommendation.

The Fort Wayne Bible College would later be held accountable and put on probation because of their failure to disclose Walrath's prison record to the Griffith School District when recommending him for a job. Fort Wayne Bible officials indicated that they had known about his criminal past but thought he was rehabilitated. Dr. Jared F. Gerig, president of the college, said he didn't know state law required such notification.

John Walrath mailed a letter of resignation to Mr. Manifold just prior to his November 24, 1969 arrest for kidnapping Timmy Martin, citing a "nervous breakdown" as the cause for his leaving. He'd only been working there since September; this was his first job as a teacher. Colleagues described Walrath as normal and dedicated.

When police searched Walrath's apartment they found pornographic magazines and 200 pairs of boys' underwear. Neighbors described Walrath as a "loner" and "a nice fellow."

At Walrath's trial, defense attorney Gerald M. Werksman called upon a psychiatrist to explain away his client's actions.

photo from
The Times -
November 24, 1969

As reported in the October 14, 1970 edition of The Times,  Dr. Gordon Scher described Walrath as "a paranoid-schizophrenic type of individual" although it doesn't appear on the surface. Dr. Scher testified that Walrath had "a long history of various types of sexually devious behavior - including homosexuality with small children."

Dr. Scher believed the defendant should be placed in a mental hospital and that Walrath would find it "extremely difficult" to conform his actions to the law. Walrath's attorney didn't challenge the prosecution's case but pursued the "mental disease" defense.
The prosecution produced their own psychiatrist who provided the opinion that Walrath suffers from an abnormal sexual desire, but he had a "substantial capacity to control his actions."

The jury heard a recording of the victim's statement to police made on November 23, 1969 - the night of his rescue. Timmy told police after getting into the man's car he begged to be taken home. The man, now known to be Walrath, told Timmy "I'm taking you home" but he didn't. Instead, the two drove 250 miles over a 2 day period, stopping for gas twice, eating potato chips and sleeping in the car. Timmy also said that Walrath had exposed himself, that he had been "touched" by Walrath and spanked him for not complying with Walrath's request to do "something that's not nice."

The jury also heard from Steven Walker and the five men who rescued Timmy Martin from drowning.

photo from
 The Times -
November 24, 1969

The jury deliberated for 5 hours. Ultimately they rejected the insanity defense and on October 13, 1970, Walrath was pronounced guilty of kidnapping. Judge Abraham L. Marovitz  handed down a sentence of life in prison but also ordered Walrath be evaluated at a mental facility "for the purpose of determining how best to help you and protect the public." 

On February 19, 1970, following the recommendation of the U.S. Bureau of Prisons, John Walrath's sentence was reduced to 35 years. The report issued by the Bureaus indicated Walrath would require a long time, if ever, to be cured. He would be eligible for parole in 11 to 13 years.

John Walrath was paroled in 1983 but in less than 7 years he would find himself back in prison and his parole revoked. It seems that John Walrath had been convicted of retail theft and resisting arrest in 1990 and failed to report this development to his parole officer, Mr. Terry Childers. Walrath was granted parole a second time on May 8, 1992.

According to 1994 court documents:

As a special condition of Walrath's parole, he was required to participate in a mental health treatment program as directed by his probation officer, Terry Childers. Childers first referred Walrath to the Midwest Family Resources Associates, Ltd., in Oak Park, Illinois, for an evaluation. Following a series of interviews, Midwest Family Resources informed Childers that Walrath had been reluctant to discuss his sexual history, and that a clinical polygraph examination and a penile plethysmograph to measure Walrath's patterns of sexual arousal would be necessary to complete the evaluation. Walrath agreed to continue counseling, but refused to undergo any invasive tests.

On July 25, 1992, Childers visited Walrath at his apartment to discuss his mental health evaluation. When the discussion turned to the proposed tests, Walrath became agitated. Childers felt it would be wise to end the interview, and left the apartment. He was met in the lobby by Walrath, who continued to argue about the evaluation. Walrath then climbed onto Childers' automobile, preventing him from leaving. After being told repeatedly to get off the car, Walrath finally did so, but then took his own car and followed Childers for more than a mile before returning home. Childers reported the incident to the United States Parole Commission (USPC). Although Childers did not recommend that a parole violator warrant issue, upon a review of Childers' report and the information from Midwest Family Resources, Senior Case Analyst Carol Wilson Muller caused a warrant to issue for Walrath's arrest. The allegations were that Walrath had violated the special conditions of his parole (Charge One), and that he had attempted to assault Childers (Charge Two). On September 4, 1992, Walrath was arrested at his home and taken to the Metropolitan Correctional Center, where he remained until March 4, 1993. From March 4, 1993, until April 26, 1993, Walrath was held in custody at a halfway house.

Following his release from the halfway house, Walrath moved for voluntary dismissal of his habeas corpus petition, then filed a civil rights complaint pursuant to Bivens. The district court denied his request for injunctive relief against the United States on July 29, 1993.

According to 1995 court documents, Walrath was paroled a third time and his legal battles to avoid the evaluation of his mental health and suitability for parole using a penile plethysmograph continued.

Walrath would frequently agree to undergo the testing, as a way to avoid being returned to jail, but change his mind at the last minute and file additional motions with the court alleging that his First Amendment Rights were being violated. The courts ruled against him every time; the revocation of his parole was upheld. It was an endless cycle of paperwork.

The last decision I found in this matter was handed down on December 6, 1995.

I believe John Elgin Walrath died on December 10, 1997.

Did he ever submit to the penile plethysmograph testing and just what is that anyway?

I can't answer the first part of that question but here's a portion of what the (online) Skeptic's Dictionary has to say about the device and it's application:

Photo and description from the Skeptic's Dictionary

But why is the title of this post "Were There Other Victims?"

Following John Elgin Walrath's November 1969 arrest for kidnapping, police noticed a striking similarity to other disappearances that resulted in the deaths of the young male victims.

Here is a quick rundown on the crimes:

June 30, 1969 -
searching for the body of
David Hill -
 photo from
the Allen County
Public Library's
digital library

On Saturday, June 28, 1969, 8-year-old David Hill, of Fort Wayne, Indiana disappeared. David had been playing in a park near his home. His body was found on July 2, 1969, more than 30 miles away in Salamonie Reservoir. Cause of death was drowning and foul play was suspected.

photo from
The Times -
November 24, 1969

On Saturday, September 6, 1969, 6-year-old John Mazur, of Hammond, Indiana had vanished while playing in a park near his home. His nude body was found a few days later on a Lake Michigan beach at Beverly Shores, at least 25 miles from where he had disappeared. Cause of death was suffocation, possibly strangulation.


The only solid lead police had in John Mazur's disappearance was a report that John had been seen getting into a car with a white man. The car was described as a white, two-door Ford Torino. Nobody caught the license plate number.

photo from The Times -
September 16, 1969

Police worked hard to connect Walrath with these deaths but failed to do so. They knew he had ties to both Fort Wayne and Hammond but could not link him to the White Ford Torino or the victims.

Police would also liked to have closed the case on the rape and murder of 10-year-old Cynthia Warrick from New Haven, Indiana and briefly considered him as a prime suspect but there was even less to connect Walrath to that rape and murder.

These crimes remain unsolved.

Alcoholism Cracks a Cold Case

 Parley L. Bennett

Tuesday, January 25, 1927 probably seemed a day like any other for LAPD Patrolman Parley L. "Pat" Bennett, who was working the traffic detail at 7th and Los Angeles Streets, except for the plans he'd made with his wife Elizabeth to take their two young children, Kenneth (aged 6) & Enid (aged 3), to the traveling circus later in the day. All of that changed when he was alerted to a burglary in progress half a block away from his post.

A young man had entered the Brodine Millinery Company at 724 South Los Angeles Street just as the employees were closing shop and getting ready to head home. He produced a revolver and demanded money. The bookkeeper, Mrs. Charlotte Johnson, initially refused but was told she'd be shot if she didn't comply. Mrs. Johnson backed away from the cash box containing $75.00.

Another employee, Miss Ruth Werner, was in the back of the shop and managed to sneak away unseen and inform one of the owners of the situation. Mr. A. Brodine made it out of the building and found Officer Bennett who was directing traffic.

Bennett ran to the location but barely had time to assess the situation and draw his service revolver before being gunned down. The burglar was on his way out and Bennett was on his way in. Bennett was shot multiple times and DOA when transported to the Central Receiving Hospital. He'd been on the force for 2 1/2 years.

The unknown man now possessed the stolen $75 and Bennett's revolver. He ran out of the building and boarded a passing streetcar. Witnesses described him as white, between 5 foot 4 inches and 5 foot 7 inches, weighing between 135 and 145 pounds and he looked to be about 24-years-old. He wore a grey suit and had a cap pulled down over his eyes.

A massive manhunt involving 70 detectives failed to produce the man responsible. Police Captain Herman Cline offered up $250 of his own money for information leading to a successful arrest and conviction. An additional $5,000 was added to the pot and although as many as 250 suspects were questioned, none of the men were positively identified by the witnesses. The killer eluded capture for 44 years.

Within a week of Bennett's murder, merchants on Los Angeles Street between 7th and 8th Streets raised $1,000 for the widow and her two children. An impressive amount of money back in 1927 (roughly $14,460.00 in today's money) but hardly fair compensation for what Elizabeth had already lost by the time she'd reached 34. Elizabeth had given birth to 4 children between 1920 and 1925 but their second child, a daughter named Alice and their fourth and final child, a son named George had both died in infancy. Now her husband was gone.

On October 14, 1971, LAPD police officers were responding to a "disturbing the peace" call and found a disheveled 67-year-old Matthew Kilgariff blocking traffic near Western Avenue and Romaine Street. Kilgariff told police he'd been on a bender but hadn't had a drink in two days and was suffering from the DT's. He said needed psychiatric care. To further convince them of his need to be taken in to custody, Kilgariff admitted to a string of unsolved burglaries and told them he'd also killed a police officer in 1927. That case had long gone cold but police threw him in a cell while they dug through the old files.

Sure enough, there was an unsolved killing of a police officer from January 25th 1927 but the only evidence they had linking Matthew Kilgariff to the crime was his somewhat sketchy confession. Kilgariff didn't have all the details correct, his recollection of the day in question was February 27th and he thought he'd robbed a paper store, but he had a rap sheet consistent with that crime, including burglary, robbery, vagrancy, drunkenness and a 15-year-stint in a Texas prison for robbery and assault with intent to commit murder. His physical appearance at the time of the crime matched their suspect but after 44 years nobody would be able to offer a valid identification that would hold up in court. All the same, they arrested him and hoped that a jury would believe his audiotaped confession which included his assertion that when robbed the safe and shot Officer Bennett he was broke and drunk. His recorded confession included the statement "Like I told you before I wasn't proud of what I did. It's been 44 years of hell." Poor you.

What else do we know about Matthew Francis Kilgariff other than he was an alcoholic and a career criminal?

Well, he entered the world on January 10, 1904, one of nine children born to Patrick and Cecelia Kilgraiff. When Cecelia died on November 18, 1920, her 16-year-old son Patrick was already living in the Connecticut (Reform) School for Boys located in Hartford. The 1920 Census for that location was taken on January 6th so we can't attribute his waywardness to the death of his mother. Cecelia still had another 10 months to live. The same census reveals there were 6 Kilgariff youths, ranging in age from 5 to 24-years-old, still living with Patrick and Cecelia on Goodman Place in 1920 so this isn't a case of a family being unable to provide for their children and being forced to commit them to an orphanage. It would seem that Matthew was the bad apple, the black sheep, the problem child.

Matthew's youngest sibling Bernard would die tragically on March 8, 1925 at the age of 10 when he rollerskated out into traffic and was struck by a speeding automobile. The driver, Louis Bianchi was arrested & Patrick Kilgariff sued him for $10,000 but a judge dismissed the case for lack of evidence and essentially held the child responsible for his own death although there was some belief that one of Bernard's rollerskates got caught in a trolley car track and he was unable to move.

Among the 100 individuals who testified at Matthew Kilgariff's long overdue trial in 1972 was Officer Bennett's widow Elizabeth. Now remarried and living in Idaho, she recalled that terrible afternoon as if it were yesterday. Elizabeth and her brother-in-law John Bennett, also a policeman, took the children to the circus that night despite the sad news "because Pat had promised and he was known as a man of his word."

The only eyewitness the prosecution could produce, so long after the crime, was 59-year-old Raymond Varela who had been on the scene that afternoon. Varela had taken a streetcar to the neighborhood that day to buy a pair of shoes. Raymond Varela had seen much that day but he didn't report any of it to the police at the time. Varela only came forward in 1971 after reading about Kilgariff's arrest and spontaneous confession. To his credit, despite seeing a police officer being gunned down in the line of duty, Raymond Varela had joined the LAPD and spent 10 years (1938-1948) on the force. Varela managed to describe in detail the events of that afternoon including seeing Officer Bennett run into the store, being shot in the doorway and the killer escaping.  "I was just 14 years old at the time but it made a deep impression on me." 

A eulogy for Parley L. Bennett printed in the Los Angeles Times on January 28, 1927 railed against "sob sisters and sentimentalists" who would "work up a false and outrageous pity for the deadly gunman" and "unscrupulous lawyers" who "take advantage of our lax and cumbrous legal procedure." The author hoped for a swift trial and that the criminal would "receive the just desserts of his foul deed."

How disappointed that author would have been that it took 44 years for Matthew Kilgariff to be brought to justice and that at his trial a psychiatrist, Dr. Magdalene Nemeth, would declare the audiotaped confessions to be false and mere hallucinations.

The jury believed his confession however and on April 28, 1972, after two days of deliberation, Matthew F. Kilgariff was found guilty of first degree murder. The mandatory sentence was life in prison.

In an unusual move, Kilgariff's competency was questioned only after the verdict was rendered. In July 1972, three court-appointed psychiatrists agreed unanimously that the defendant was unable to understand the proceedings and sentencing was postponed. Maybe they were right. Kilgariff offered no defense at the trial and simply sat there in court staring off into space. Kilgariff was committed to the Atascadero State Hospital for a year of treatment and observation. If there was no improvement, he was to remain there. If the opposite was true he'd be relocated to the state prison. The public defender argued that Kilgariff should be sent to either Camarillo State mental Hospital or Nowack State Hospital because "the conditions are more humane and the psychiatric treatment would be better."

In November 1972, the Judge presiding over the case reduced the charge to second degree murder "because of the defendant's age and physical condition." This change made Kilgariff eligible for parole in 2 years.

Matthew F. Kilgariff died on October 13, 1976 while still an inmate of the Atascadero State Hospital in San Luis Obispo County, California.

The Murder of Margaret Zorn - Cold Case, 1976

Margaret Zorn, photo from Bethpage Tribune

Here's an unsolved crime from my childhood that has always stuck with me.

The robbery and murder of Margaret Zorn on November 22, 1976.

I didn't know the victim. My family only occasionally bought meals from the establishment owned by the Zorn family - we weren't regular customers but we liked the product, and yet the crime has always stayed with me.

Photo courtesy of Bethpage Chamber of Commerce

I don't think I fully appreciated how close my later place of employment (for 30 years) was to where her car, with her dead body in the front seat, was parked until I found a series of archived newspaper articles earlier this year. I wasn't working anywhere at the time of the crime. I was, maybe, in my first year of Junior High School.

The week of Thanksgiving is always a busy one at Zorn's and the daily deposit reflected this. On Monday, November 22, 1976, Margaret, 66-years-old, was driving to the Farmingdale, New York branch of Banker's Trust, 170 Conklin Street, with $6,000 in cash and $10,000 in checks. She left the store at 1:30 PM.

Traffic on Hempstead Turnpike/Conklin Street can be very slow and congested but when Margaret hadn't returned within 2 hours, the store employees called the bank to see if she'd made it there. She had not - they phoned the police.

This wasn't the only phone call to police that afternoon regarding Margaret Zorn. A 17-year-old boy had discovered Margaret slumped over in her car and he alerted a neighbor who then phoned police. This was at 3:40 PM. She was dead.



Photo from the Farmingdale Observer

Margaret's car was parked on the south side of Prospect Street, near the corner of Bernard Street. She had been shot once. Gone were the cash and checks but Margaret's jewelry hadn't been stolen.

Police interviewed more than 350 people and Margaret's family offered a reward of $5,000 for information leading to an arrest but to no avail. The rumor I'd always heard was, the ever-vague, "it was an inside job" but that gossip never led to an arrest.