Читать книгу The Killer Across the Table - Mark Olshaker - Страница 11

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“I SLEPT WELL”

Dr. Frederick T. Zugibe, the chief medical examiner for Rockland County, New York, said Joan’s case was one of the most emotionally difficult in his long and distinguished career.

Word had spread quickly from the Hillsdale Police Department to the Bergen County district attorney’s office, and from there to the Police Division of the Rockland County sheriff’s office. So early in the afternoon on Easter Sunday, Officer John Forbes drove to the location described to him in Harriman State Park, just off Gate Hill Road, near the southern end of the park.

There he found the naked and battered body of a young white female. She was faceup in a wedge-shaped crevice between two boulders, on a leafy slope under a rock ledge. Her head was twisted sharply to the left and she was facing down the slope. Forbes had four young children of his own and struggled not to break down.

He called in the crime scene team.

By the time Dr. Zugibe arrived, less than an hour later, the cordoned-off crime scene was already populated by a horde of police officers and crime scene technicians, detectives, FBI agents, reporters, press photographers, and the generally curious. He immediately ordered the officers to move all nonessential personnel away.

Richard Collier, the D’Alessandro neighbor who was an FBI special agent working out of the New York City field office, came in to identify the body.

Yes, it was Joan.

Though the crime scene was no longer pristine, her body had not been moved or touched. Dr. Zugibe immediately noted the lividity—the purpling of the flesh around her abdominal area. This told him she had not been killed at this spot. If she had been, the lividity would have been concentrated in her back due to gravity. Since that type of blood settling takes at least six hours, he also knew that she hadn’t just been dumped here. He took her body temperature and found that it matched the temperature of the air. That indicated she had been dead at least thirty-six hours, the time it takes for a body to cool completely. The finding was confirmed for him by the absence of rigor mortis, a postmortem stiffening of the muscles that begins several hours after death and subsides within twenty-four to thirty-six hours.

Taking all the observable physical evidence together, Dr. Zugibe estimated that Joan had been dead for about fifty hours. When he was able to do more sophisticated tests during the autopsy, he upped his estimate to a minimum of seventy hours, which meant that she had died within a couple of hours or less of when Rosemarie last saw her.

Sheriff’s officers conducted a thorough search of the surrounding area and found a gray plastic shopping bag printed with the Mobil logo. According to Zugibe, the bag was neatly packed rather than haphazardly stuffed and contained the clothing Joan had been wearing when she disappeared: a pair of red and white sneakers, a turquoise shirt, maroon pants, white socks, and white panties, stained red with her blood.

Before the body was removed, an officer called the Marian Shrine in Stony Point, New York, and asked that a priest come to the scene. When he arrived, illuminated by the police lights and in the presence of officers, detectives, FBI agents, and reporters, he administered last rites to Joan Angela D’Alessandro. Once the priest was finished, Zugibe officially pronounced death, a seemingly obvious observation but a necessary formality in any murder investigation.

Back at the medical examiner’s office in Pomona, New York, less than ten miles away, he began the autopsy. From my experience in dealing with many medical examiners over the years, I would say there is little that is more painful than having to examine a dead child, and absolutely nothing more agonizing than if the child has been murdered.

By the time he had completed the postmortem, Zugibe listed injuries that spoke to the utter depravity of the crime: fracture of the neck, manual strangulation, dislocated right shoulder, generalized deep bruising, lacerations under the chin and inside the upper lip, frontal fracture of the skull, fracture of both sinuses, swelling of the face, both eyes blackened and swollen shut, three teeth loosened, contusion and hemorrhaging of the brain, bruising of the lungs and liver, and rupture of the hymen.

Essentially, Joan was beaten, choked, sexually assaulted, and ultimately battered to death. But according to Dr. Zugibe, it was even worse than that. Had she died right after the beating and strangulation, her face and body would not have appeared swollen. Upon death, the homeostatic functions that cause swelling at an injured site shut down. And since swelling takes about half an hour to be completed, he concluded that Joan must have been alive for at least that long following the attack. Mercifully, she was almost certainly unconscious.

The medical examiner’s close examination of the neck revealed two areas of injury: the thyroid cartilage and the hyoid bone. His conclusion was that a half hour or so after the deadly attack, the offender, unsure that he had killed her, returned to finish the job with a second manual strangulation. This sounds completely believable to me. With someone like Joseph McGowan, an “inexperienced killer,” it would not be unusual for him to be unsure how effective he had been in dispatching his victim and wish to take no chances.

I had seen a similar sort of behavior in the Christmas 1996 murder of six-year-old JonBenet Ramsey in her home in Boulder, Colorado. The medical examiner’s report listed two potentially lethal injuries: blunt force trauma to the head and ligature strangulation. Since there was no bleeding at the crime scene, I concluded that the cause of death was the strangulation and that the severe blow to the head was an attempt to make sure she was dead.

This scientific evidence suggested something highly significant from a behavioral perspective. No parent without a history of extreme child abuse could possibly, and systematically, strangle that child to death over a period of several minutes. It just doesn’t happen. Taken together with all of the other forensic and behavioral evidence, this did not tell us who killed JonBenet. But it told us who did not kill her: either of her parents. Mark and I came up against a lot of pushback and public condemnation for this conclusion, including from my old FBI unit, but the pursuit of criminal justice is not a popularity contest, and you have to let the evidence speak for itself.

Which was precisely what I would do with Joseph McGowan.

Joseph McGowan was arraigned before Bergen County judge James F. Madden. He was held in lieu of the $50,000 bail set by the judge. On Tuesday, April 24, 1973, he was indicted for the murder of Joan D’Alessandro.

Two days later, in the late morning, Joan’s funeral was held at St. John the Baptist Roman Catholic Church, whose school Joan attended. The children from her class were there, and after the service, they all lined up outside as her casket was carried out to say goodbye.

As an investigator of violent crime, you try to be as emotionally detached as possible, not only to maintain your objectivity and critical judgment, but also to preserve your sanity. In fact, having to put myself, as a behavioral profiler, into the head of every victim whose case I work has definitely taken its psychic toll on me throughout my career. Dr. Zugibe’s and Officer Forbes’s reactions to seeing Joan’s small body in the park were understandable. No matter how “professional” you try to be, you can’t not react to something like this.

What kind of a man or monster spontaneously does something like this to a seven-year-old girl? I asked myself as I read through the case file a quarter of a century later. That’s what I would seek to find out.

McGowan repeated his confession to Dr. Noel C. Galen, a forensic psychiatrist who had received his neurology and psychiatry training at Bellevue Hospital in New York and consulted for the New Jersey court system. The day after his indictment, McGowan detailed for Dr. Galen how he answered the door, and when Joan told him what she was there for, said she should come with him downstairs so he could get the money for her. She must have hesitated or resisted, because he admitted grabbing her and forcing her into his downstairs bedroom. Meanwhile, McGowan’s eighty-seven-year-old grandmother, hard of hearing, was watching television upstairs. His mother was at work.

I am not revealing any privileged information from McGowan’s case file or medical records. All of the evaluations and analyses I am citing were contained and published in the appellate decision Joseph McGowan, Defendant-Appellant, v. New Jersey State Parole Board, Respondent, decided by the Superior Court of New Jersey on February 15, 2002.

As he told Dr. Galen, once in the bedroom and “safely” away from the street, McGowan ordered Joan to take off her clothes. Though he said he “never completed the act,” he became sexually excited and ejaculated on his fingers only inches from Joan and then penetrated her digitally. He probably couldn’t wait and did this before she was completely undressed, as her panties were stained with blood. Since he acknowledged he had semen on his fingers, we can’t say for sure whether he “completed the act” or not, but the blood and injuries to her vaginal area indicated a brutal assault.

It was at this point, according to McGowan’s account, that the consequences of his impulsive action dawned on him. “All of a sudden,” he told Dr. Galen, “I realized what I had done. If I let her go, my whole life was gone. All I could think of was just to get rid of her.”

As an investigator, I have to say that from a criminological perspective, this part makes sense to me. In a high-stress situation like this, a “smart” offender will tend to have only one thing on his mind: getting away with his crime. This is apparently what happened with McGowan. Whether Joan lived as long after the first strangulation as Dr. Zugibe speculated is an open question, as is which of McGowan’s attempts to kill her was the successful one. But the general narrative of what happened is not in doubt. According to the transcript of the confession:

I grabbed her and started to strangle her and I dragged her off the bed, tossed her into the corner of my room on the tile floor, off the rugs. She was trying to, you know, scream, and was fighting back. But of course she really couldn’t, since I had my hands around her throat. Uh … she stopped struggling … just sort of lay there. I got dressed. I had been sweating so violently. I went out to the garage. I got some plastic bags to put her in. [Returning from the garage,] I saw that she was still moving, so I began strangling her again and I hit her head on the floor repeatedly. She began to bleed from the nose, mouth, face … I don’t know where. There was blood all over the floor. I then grabbed one of the plastic bags and put it over her head and twisted it tightly and held it there until she stopped.

As I read this in preparation for meeting him, I was thinking to myself: An hour or two earlier, this guy was standing in front of a classroom teaching chemistry to high school students. What led from that Point A to this Point B?

As the confession went on, McGowan described how he lifted Joan’s body and placed it in a plastic trash bag, then wrapped it in an old sofa cover, tied it with cord, carried it to the garage, and stowed it in the trunk of his car—the “new car” Joan had spotted from her front yard around the corner and down the block. He cleaned up her blood as best he could with some old T-shirts. Then he drove the twenty miles or so and dumped the body down the slope in Harriman State Park. He unwrapped it and left it under the rock ledge. He put the plastic bag and the couch cover in a roadside trash can.

When he returned to Hillsdale he joined the neighborhood search for Joan.

“I felt better when I went back to the house,” he told Dr. Galen. “I slept well.”