| Then
another incident occurred: Stage Two. On June 16, 1986, two years and eight
months after Rozanne was killed, Larry and a friend were returning from
an afternoon of horseback riding at Larry's ranch east of Dallas when they
were ambushed by one or more would-be assassins firing at them with a rifle
from a copse of trees. Larry emerged unscathed but his friend was wounded
in the elbow.
As soon as Larry
got back to Dallas he telephoned McGowan, insisting the ambush was connected
with the attack on Rozanne. McGowan dismissed the idea. It was poachers,
the detective countered. Larry was certain that the detective was wrong.
Stage Three. Convinced
that Joy was somehow connected to the attempt on his life, Larry filed
for divorce a second time. It was granted on August 19, 1986, almost exactly
18 years after they were married.
Again, life seemed
to return to normal. Eighteen months after his divorce from Joy, Larry
remarried. But then an incident occurred that helped bring the past back
into focus. Early in 1988, almost four and a half years after Rozanne was
murdered, a woman called Larry. Speaking in an obviously disguised voice,
she confirmed that Rozanne's murder and the attempt to kill him were connected.
Furthermore, she said, she knew who was behind both incidents.
At Larry's urging,
the woman called McGowan and agreed to meet with the detective. She was
interested, she said, in the still-valid $25,000 reward posted by Gailiunas
for his estranged wife's killer. That launched Stage Four.
When she showed up
at his office, McGowan was flabbergasted: The woman who claimed inside
knowledge about the two events was Carol Davis Garland, Joy's sister; Larry's
former sister-in-law.
According to Carol,
Joy had been so upset by Larry's 1983 plan to divorce her and marry Rozanne
that she contacted a self-employed pest exterminator named Bill Garland
to arrange for Rozanne's murder. Garland had not committed the crime himself,
Carol added, but had subcontracted it to someone else.
What about Larry?
McGowan asked. Why had Joy allegedly tried to have him killed?
Carol smiled cynically.
It was, she said, because Joy had discovered that Larry earlier had an
affair with the youngest Davis sister, Elizabeth. The three were 13 years
apart in age. Carol was the eldest, older than Joy by two years. Elizabeth
was 11 years younger than Joy, meaning she would have been a teenager or
close to it when she conducted her alleged affair with her brother-in-law.
Confused by the details
that were pouring from Carol, McGowan wanted to know how she had become
privy to so much knowledge.
It was simple, Carol
said. After Joy had made up her mind to have Larry killed she allegedly
decided to go back to Bill Garland to set up a second killing. Unwilling
to have direct contact with him a second time, however, Joy enlisted her
-- Carol -- as a go-between.
As a result of her
contact with Garland, Carol said, the two fell in love and were secretly
married. Together they concocted a scheme to blackmail Joy and were successfully
extorting money from her when they had a falling out. Not long afterwards,
they too were divorced. But before they split, Carol said, Garland had
confessed to her details about Rozanne's killing.
Acting on this new
information, McGowan began to piece together what had happened. Eventually,
he concluded there were two parallel "chains" created to deal separately
with Rozanne and Larry's murders.
The first chain was
formed when Joy allegedly approached Garland about having Rozanne killed.
Garland then, according to grand jury indictments, subcontracted the murder
to a man named Brian Kreafle, who in turn subcontracted it to a former
ministerial student named George Anderson "Andy" Hopper. It was Hopper,
McGowan eventually determined, who killed Rozanne. He was paid a paltry
$1,500 for the murder.
The second plot was
equally serpentine. With Carol acting as intermediary, Garland again --
according to court documents -- subcontracted the crime, this time through
a man named Joe Thomas. As Kreafle allegedly had done earlier, Thomas also
passed on the assignment. A pair of ne'er-do-well brothers named Gary and
Buster Matthews were enlisted to kill Larry. They were to be paid $5,000.
Armed with these
new details, McGowan began rolling up the chains, arresting Joy, Bill Garland
and the two middle men, Kreafle and Thomas. Eventually, Carol also would
be charged. When the Matthews brothers learned they were being sought,
they fled to New Mexico where they were arrested three months later.
At that point, McGowan
had not yet identified Andy Hopper as Rozanne's killer and would not do
so for another eighteen months. However, when police sought to question
Hopper about his possible involvement, he abandoned his wife and two young
daughters and escaped to the Rocky Mountain West, where he evaded authorities
for six months. He was arrested five days before Christmas, 1988, after
returning to Dallas. (see sidebar #1)
Enter Stage Five.
Early in May, 1990, with her trial date rapidly approaching, Joy panicked.
Cleaning out her bank account, she stuffed $300,000 in cash into a travelling
bag (money Larry claimed was stolen from their joint account years earlier),
jumped her $140,000 bail, and fled to Canada with one of her lovers, a
former assistant district attorney-turned-defense lawyer named Mike Wilson.
Wilson, who also
faced trial on drug charges unconnected to the accusations against Joy,
was arrested at a resort near Vancouver where he and Joy had registered
under aliases. However, Canadian authorities failed to nab Joy, who had
left Wilson a few days earlier to fly to Mexico.
Joy stayed in Mexico
for several months, then skipped to Europe, where she eventually settled
along the French Riviera. Masquerading as the wife of a travelling oil
company executive (a man believed to be another of her lovers, Dallas businessman
Jodie Packer, a former husband of a Dallas civil court judge), Joy may
have remained successfully hidden in her comfortable villa near St. Paul
de Vence if she had not wrecked her rental car, thereby setting up Stage
Six.
Although the accident
was minor, Joy abandoned the vehicle. When police began checking the registration,
they unravelled Joy's string of aliases and discovered she was a much sought-after
fugitive.
Arrested by French
police on March 16, 1991, she was taken to nearby Nice for further questioning.
While at the police station, Joy asked to use the toilet. Once she was
alone, she whipped out a razor blade she had concealed in the waistband
of her sweatpants and slit her wrists. A matron found her several minutes
later and rushed her to a hospital.
The man who claimed
to be her husband, allegedly Packer, had not been in the villa when Joy
was arrested. Although he was picked up two and a half weeks later at Joy's
parents's cabin, he was quickly released on $50,000 bail. Just as quickly,
he disappeared.
Even before she was
transferred from the hospital in Nice to a French jail cell, Joy began
her fight against extradition. She almost succeeded.
During the two and
a half years she waited for a decision from French courts on whether she
would be returned to Texas, Joy became a cause celebre, winning
the support of a number of high-ranking Parisian politicians, supposedly
including the French First Lady. At one point, according to French news
reports, she came incredibly close to being released on bail, a possibility
that caused considerable apprehension in Dallas, where prosecutors were
certain that if she were set free she would simply disappear again.
Finally, the French
agreed to send her back. But there was one condition: District Attorney
John Vance had to promise that she would never be executed even if she
were to be convicted of the crimes with which she was charged.
While the focus of
Joy's trial, naturally, will be on her guilt or innocence, a subtheme will
be the expected ferocious battle between the defense and prosecution.
In May, 1988, soon
after she was arrested, Joy hired one of the city's best known lawyers
to defend her, a former first assistant district attorney named Douglas
Mulder, called "Mad Dog" because of his enthusiasm in handling prosecutions,
particularly in capital murder cases. During his 16-year tenure in the
DA's office, Mulder tried 24 death penalty cases and won 24 convictions.
He left the prosecutor's
office in 1980 after he was offered $100,000 -- $35,000 more than he was
making in a whole year as a prosecutor -- to represent a man charged with
murder. The man never went to trial and Mulder's career as a successful
defender was launched. In short order he built a reputation as one of the
most successful and flashy defense attorneys in the city, exhibiting a
genius for attracting wealthy, high-profile clients. There is, however,
a cloud over his head.
In 1977, while he
was still in the DA's office, Mulder had prosecuted an itinerant laborer
named Randall Dale Adams, who was accused of killing a Dallas patrolman.
The officer, Robert Wood, had stopped a vehicle for a minor traffic violation
when he was shot by someone inside the car. Investigators determined that
the car was registered to a man named David Harris. Adams allegedly was
a passenger.
With comparative
ease, Mulder won a death sentence against Adams. However, three years later,
while Adams was waiting to be executed, the U.S. Supreme Court overturned
the conviction because of irregularities in the jury selection process.
Rather than spend money for a second trial, the district attorney asked
the governor to reduce Adams's sentence to life. At that point events took
a strange turn.
In 1985, an independent
film maker named Earl Morris began researching a documentary on a Dallas
psychiatrist, Dr. James P. Grigson, commonly called Dr. Death or Dr. Doom
because of his frequent testimony supporting the death sentence. While
looking into the cases in which Grigson had testified, Morris became interested
in Adams, eventually switching his focus away from the psychiatrist to
the man convicted of murdering Officer Wood.
Morris's movie --
The
Thin Blue Line -- was released in 1988. It attacked Mulder's tactics
and alleged that Adams was wrongly convicted. This claim was substantiated
the next year when the Texas Court of Criminal Appeals overturned the verdict
and cited Mulder for suppressing evidence and allowing perjurious testimony.
Subsequently, the man who was driving the car in which Adams had supposedly
been a passenger, David Harris, confessed that Adams had not been present
at the time of the shooting. Twelve years after he was sentenced to death,
Adams was released.
Following these developments,
three attorneys who had been involved in Adams's defense asked the Texas
Bar Association to investigate Mulder for possible disciplinary action.
While the TBA dismissed the complaints, Mulder's reputation was tarnished.
Not that it seemed to hinder his ability to secure new clients, especially
those involved in highly publicized cases.
One of his clients
who became nationally known, in addition to Joy Aylor, was a former high-ranking
Methodist minister named Walker Railey. An exceedingly popular preacher
seemingly devoted to his wife and family, Railey was accused of trying
to murder his wife so he could continue an affair with his bishop's daughter.
Railey was acquitted
early in 1993 after a four-week trial. Although some hailed it as a resounding
victory for Mulder, others contend that the acquittal was more the result
of an incompetent prosecution than dazzling defense work.
The mixed reviews
accurately reflect the feelings of members of Dallas's legal community
toward the controversial Mulder. In some circles he is held to be brilliant,
a lawyer endowed with a special talent for spotting holes in the opposition's
presentation and then tearing opposition witnesses apart with rapier-like
cross-examination. Others, particularly some members of the staff in the
district attorney's office, regard him as a man who is using the skill
and knowledge he gained in his years as a prosecutor to enrich his reputation
and pad his bank account. There is nothing many of the ADAs would like
to see more than a decisive defeat for the flamboyant Mulder, especially
after he manhandled the prosecution team so handily in the Railey trial.
However, the two men prosecuting Joy will not be such easy targets.
Heading the district
attorney's team is Kevin Chapman, a slim, balding, 38-year-old former head
of the district attorney office's special projects section. A soft-spoken,
even-tempered lawyer who rarely raises his voice even during heated cross-examination,
Chapman is viewed as a perfectionist and an obsessive preparer, a tireless
plodder who firmly believes that the key to courtroom success is groundwork
rather than histrionics. In his 10 years as a prosecutor, Chapman has tried
hundreds of criminal cases including four capital murder cases, winning
both convictions and death penalty sentences in all of them.
Sitting in the second
seat is 42-year-old Dan Hagood, a tall, athletic man with a permanent scowl
on his face and a bootcamp haircut, a man known around the courthouse as
"the colonel," not only because he is an actual lieutenant colonel in the
Marine Corps Reserve but because of his ramrod straight bearing and an
apparent lack of a verifiable sense of humor. As head of the DA's organized
crime division, Hagood has hundreds of trials under his belt and two more
capital murder trials than Chapman, a total of six, all of which have resulted
in convictions and death sentences.
The two have been
preparing for Joy's trial since she was indicted in 1988, patiently collecting
volumes of documents and mounds of statements. Because of their tenacity,
there are many in the Dallas legal community who feel that Chapman and
Hagood have become obsessed with the Aylor case, especially Chapman who
resigned from the DA's staff after Hopper's trial in 1992 but returned
late in 1993 specifically to try Joy.
This fixation, some
feel, could be a detriment at trial, perhaps blinding Chapman and Hagood
to some detail that could wreck the prosecution. This almost happened in
Hopper's trial when the ADAs apparently overlooked or ignored a report
from a medical laboratory that showed significant traces of the drug Thorazine
in Rozanne's system when she was admitted to the hospital after the attack.
Hopper's appointed
defenders, Peter Lesser and Larry Mitchell, used the report to try to convince
jurors that Rozanne's estranged husband, the kidney specialist, may have
been involved in her death, thus shifting some of the culpability away
from their client. It was a move that apparently caught prosecutors by
surprise.
The defense team
hypothesized that Dr. Gailiunas, who allegedly would have had access to
the drug (one of the uses of Thorazine is to prevent nausea in patients
undergoing dialysis as part of the treatment for kidney disease), went
to Rozanne's house, found her severely wounded, and injected her in an
attempt to cause her bullet-damaged brain to swell even more, thereby hastening
her death.
To the amazement
of no one, Gailiunas denied this scenario under cross-examination, refusing
even to concede that he had been at his estranged wife's house on the afternoon
of the attack although there was testimony that implied that he was.
Forced to play catchup,
Hagood and Chapman tried three different ways to explain the presence of
the drug, none of which was convincing. In the end, the drug's presence
was never satisfactorily accounted for. But that failed to make a difference
because two other factor combined to seal Hopper's fate: His confession
(see sidebar #2) and Judge Patrick McDowell, who also will preside at Joy's
trial.
Totally by accident,
the sixtyish McDowell, an easygoing, thoughtful man with a patrician nose
and a head of judicially gray hair, was the judge in the Railey trial as
well, which means he will be in the uncommon position of being intimately
familiar with the styles of both the prosecution and defense: Hagood and
Chapman from Hopper; Mulder from Railey.
Before taking the
bench, McDowell worked both sides of the courtroom, beginning as a prosecutor
and then switching to a defense firm. Somewhat surprisingly given his background,
McDowell leaned heavily toward Chapman and Hagood during Hopper's trial,
time and again coming down in the prosecution's favor on the close-calls.
However, Joy's trial
will be different is several respects.
For one thing, Joy
cannot be executed for Rozanne's murder. Before Texas officials could get
her back, they had to promise the French that she would never be put to
death even though the capital murder charge remains intact. More significantly,
though, is the fact that Joy, unlike Hopper, has never confessed. That
lack of a confession, in fact, could prove to be the major weakness
in the prosecution's case.
Since McDowell long
ago issued a gag order prohibiting lawyers from talking about the case
or their strategy, there was no indication how Chapman and Hagood planned
to connect Joy to Rozanne's murder, a link that almost certainly will have
to be made to secure convictions on the charges against her.
Carol Garland was
not in the picture when Rozanne was murdered. All she can testify to in
that regard is what she wormed out of Joy or her ex-husband. Although Bill
Garland was expected to testify that he was hired by Joy to arrange Rozanne's
death, as far as is known Garland had no direct contact with the trigger
man, Andy Hopper. Brian Kreafle also likely will tell the jury that he
accepted money from Garland and passed it on to Hopper but he apparently
lacks a tie to Joy. Chapman and Hagood have both ends of the rope, but
it is severed in the middle.
Additionally, the
state also will face the tricky task of proving that Joy's actions were
the direct cause of Rozanne's death. Even if she had contracted
for an attack on Rozanne, who besides Bill Garland (certainly not the most
credible witness the state could hope for) can say that Joy wanted Rozanne
murdered rather than frightened and warned away from Larry? And how can
prosecutors prove that Hopper was not acting independent of any connection
with Joy when he murdered Rozanne and that his actions had nothing to do
with Joy's alleged contract with Garland? Hopper did not testify at his
own trial and he will not testify at Joy's. That means Chapman and Hagood
probably plan to back into the issue by eliciting testimony from Mike Wilson,
who had promised authorities before his own trial to take the stand against
Joy when and if he got the opportunity.
The situation was
not ideal from the prosecution's point of view but the ADA's had little
choice: Wilson appeared to be the only one could knot the ends. The implication
pre-trial was that Joy said things to him before or during their ill-fated
flight that would tend to incriminate her beyond what Kreafle or either
of the Garlands could say.
Then, almost literally
on the eve of the beginning of jury selection, Hagood and Chapman had an
unbelievable stroke of good luck. Voir dire was scheduled to begin on Monday,
May 9. On Thursday, May 4, federal customs agents arrested Jodie Packer
as he attempted to cross the border from Mexico into Texas. While prosecutors
refused to discuss their plans they undoubtedly scrambled to work a deal
with him since it was believed that his testimony would be much stronger
than Wilson's.
As if Packer's capture
was not sufficient to make up for the problems caused by the extradition
battle, the prosecution gods, using Judge McDowell as the vehicle, continued
to smile on Chapman and Hagood.
Originally, Joy's
jury was to be selected in a group voir dire; an individual voir dire was
not deemed necessary since the death penalty was not involved. However,
in an attempt to create an advantage for his client -- any advantage would
do for the hard-pressed defense -- Mulder asked for panel member-by-panel
member interrogation, likely hoping that would give him a better opportunity
to manipulate the selection process. Judge McDowell denied the motion.
But that was before Packer was captured; afterwards the situation flip-flopped
and it was to the prosecution team's advantage to press for an individual
voir dire. Turning the tables on Mulder, Hagood and Chapman asked McDowell
for an individual voir dire although he had already denied the defense
request. Their reasoning seemed to be that by stretching the jury selection
process they would have sufficient time to negotiate with Packer and not
be pressured by the deadline of an imminent trial.
Not surprisingly,
given his history in the Hopper trial of leaning toward the prosecution,
McDowell acceded to the ADA's plea and reversed himself. The result was
a summer-long delay. Instead of taking a handful of days to pick a jury,
it took ... TK. Testimony did not begin until ... TK ... only ... days
short of the eleventh anniversary of Rozanne's murder. |