FOREIGN FACTION Who Really Kidnapped JonBenét? Copyright © 2012 by Ventus Publishing, llc. All rights reserved. Printed in the United States of America. No part of this book may be used or reproduced in any manner without written permission, except in the case of brief quotations embodied in critical articles or review. This work may be purchased for educational, business, or sales promotional use. For information please write Ventus Publishing, llc, at P.O. Box 1163, Telluride, CO 81435. USA SECOND EDITION: March 2013 1. Murder-Investigation-Case studies. 2. Murder-Psychology-Case studies. 3. Criminal Psychology-Case studies. ISBN 978-0-9847632-0-7 Hardcover ISBN 978-0-9847632-1-4 Paperback ISBN is 978-0-9847632-2-1 eBook Library of Congress Pre-assigned Control Number LCCN 2012942683 Book Design: Karrie Ross www.KarrieRoss.com Author Photo: Brenda Colwell Photography Cover images: istockphoto.com (crown and person) Dedication This work is dedicated to the men and women of the Boulder Police Department, past and present, who never wavered in their pursuit of the truth.... In Remembrance of: Deborah Lee, Kelly Lynn and Denny Converse Jr. Forever a place in my heart... Preface In the faces of our children we are granted the opportunity to glimpse the future and the untimely death of one irrevocably changes us all. As criminal investigators, it is our chosen duty to go willingly into the breach in defense of the weak and the powerless: to stand tall in the face of adversity, and to seek the truth no matter where the course may lead. Justice deserves no lesser effort. —Author: April 2006 Acknowledgments A n author should always take a moment to recognize the people who have assisted, and encouraged them, as they moved forward in their endeavor to publish a manuscript of this magnitude. Friend, author, and fellow sailor, Robert Rubadeau, helped guide me through the writing process that he aptly describes as “navigating the hooptedoodle,” and I am forever in his debt for his patience and sage advice. Additionally, the technical aspects of producing a work of this caliber would not have been possible but for the assistance provided by legal counsel, Thomas B. Kelley, of the prestigious Denver law firm, Levine Sullivan Koch & Schulz, LLP; as well as the editorial, research, and design assistance provided by Regan R. Tuttle, Harry Stephens, Tricia Griffith, Tracey Woodrow, and Dan Pauley. Moral support, and suggestions regarding media engagement, was provided by veterans of the news media, Carol McKinley, and Shelley Ross. Over the years I have come to admire, and respect these women for their constant display of professionalism, objectivity, and credibility in the world of international news reporting. I would like to think that I am fortunate to count them as friends, as we struggled to uncover the truth regarding the circumstances surrounding JonBenét’s death. More importantly, the men and women of the Boulder Police Department deserve special recognition for the heartache, pain, and ridicule, which they endured as they struggled to identify the people responsible for this horrendous crime. I owe a debt of gratitude to the many investigators who never hesitated to take the time to answer questions about their role in the murder investigation, explain the background about a particular course of action, or provide insight about the theories that had been considered over the course of the investigation. To name but a few, I would like to thank the following people for their assistance, and contribution to my work in this investigation: Rick French, Tom Wickman, Steve Thomas, Tom Trujillo, Mark Beckner, Kurt Weiler, Ron Gosage, Greg Testa, and Shelley Hisey. My deepest appreciation is extended to Dan Buday for his single-handed efforts in converting this manuscript to an e-book format. I was having difficulties getting this accomplished and he was gracious enough to step forward and volunteer his time to see this project through to its conclusion. As with many who assisted me in this endeavor, it was a collaborative effort and I am in his debt To many of those who provided support and encouragement behind the scenes: I say to you, Fair winds and Godspeed. May you always find a favorable wind at your stern, and a bright star to help guide your course. Prologue T he fifteenth anniversary of JonBenét Ramsey’s death has recently passed, and authorities appear no closer to charging anyone in this murder than they were a year into the investigation. It is one of the reasons that I have decided to write in a candid and uncensored fashion about my experiences as a lead investigator in her death. The destination in a journey is said to begin with the first step. What follows is the story of my journey and how I unexpectedly found myself involved in the middle of JonBenét’s murder investigation. This book is a journal of my discoveries, some of which had been unearthed by the men and women who preceded my participation in this case and others that I stumbled upon on my own. In the final analysis, it comprises the cornerstone of my beliefs regarding a new investigative theory of the crime. I have heard it expressed that the presumption of innocence does not attach until a defendant sits before the court at trial. Everything that goes before that event is an element of the investigative process, and I believe there are still active steps to be taken to achieve resolution and closure in this case. One has to be committed, however, to pursuing the truth, examining every lead of merit that presents itself, and be willing to explore the darker side of human behavior. What follows is presented in four parts. Part One addresses the shape of the case as it developed before I became involved. Parts Two and Three provide a chronicle of what I learned and thought about the facts of the case and the development of my beliefs about the direction the investigation should take. Part Four recounts some more recent developments and some of my further thoughts and beliefs about the case as it came to its likely final resting place. I should emphasize that my theories are nothing more than informed speculation, based only upon the matters stated as fact in Parts One, Two, and Three. In forming my beliefs, I relied on no information that has not been provided to you, the reader, in those parts of this work. Thus, you, the reader, can take what is contained in Parts One, Two and Three and accept or reject my theories of the crime, or form your own. I have undertaken this work not because I believe a prosecution of any perpetrator of this crime will likely result from it, but because I believe it will move public perceptions of this case closer to the truth. I believe that in turn it should provide valuable lessons for agencies involved in the criminal justice process, for families, and for anyone concerned about society’s responses to unspeakable crimes such as the murder of JonBenét Ramsey. Table of Contents Dedication Preface: In the Faces of Our Children Acknowledgements Prologue Photo Array / Scanned Document Index PART ONE – Case History Chapter One - The First Lead Chapter Two - Foreign Faction Chapter Three - Kidnapped Chapter Four - Homicide Chapter Five - Cause and Manner of Death Chapter Six - Interpreting the Injuries Chapter Seven - Media Wars Chapter Eight - The First Forty-Eight Chapter Nine - Ransom Note and 911 Audio Tapes Chapter Ten - Lou Smit for the Defense Chapter Eleven – Coming to Terms Chapter Twelve – Returning to the Scene of the Crime Chapter Thirteen – Mystery Man Chapter Fourteen – Prelude to Resignations Chapter Fifteen – Co-opting the Investigation Chapter Sixteen – Behind Closed Doors Chapter Seventeen – To Tell the Truth Chapter Eighteen – A New Direction PART TWO – Taking the Lead Chapter Nineteen – Winds of Change Chapter Twenty – Taking the Lead Chapter Twenty-One – Journey of Discovery Chapter Twenty-Two – Revisiting Point of Entry Chapter Twenty-Three – A New Focal Point Chapter Twenty-Four – Stepping Off The Fence Chapter Twenty-Five – Evolution of John Ramsey’s Statements Chapter Twenty-Six - The Christmas Gift Chapter Twenty-Seven – January 2006 Presentation Chapter Twenty-Eight – Black Sheep Chapter Twenty-Nine – “Karr-mic” Reality PART THREE – A Family Affair Chapter Thirty – New Questions Emerge Chapter Thirty-One – Red Flags and Behavioral Clues Chapter Thirty-Two – Enigma Chapter Thirty-Three – SBP and Beyond PART FOUR – Theory of Prosecution Chapter Thirty-Four – The Intruder Left Behind Chapter Thirty-Five – WWPWS Chapter Thirty-Six – Theory of Prosecution Chapter Thirty-Seven – Missed Opportunities Chapter Thirty-Eight – One Last Lead EPILOGUE PERSONS OF INTEREST APPENDIX Floor Plans of Ramsey Residence Professor Donald Foster’s Letter to Patricia Ramsey Detective Steve Thomas’ Letter of Resignation, August 6, 1998 Fleet and Priscilla White’s Open Letter to Public, August 17, 1998 Detective Lou Smit’s Letter of Resignation, September 28, 1998 Alex Hunter’s Affidavit Clearing Burke Ramsey Mary Lacy’s Letter to Author, January 25, 2007 (redacted) End Notes About the Author Photo Array / Scanned Document Index There are many autopsy photographs that depict the nature of the injuries sustained by JonBenét in this homicide, but the author has elected to present only a handful of such photographs in this work. They were chosen specifically to help the reader understand the description of the injuries that are analyzed in the manuscript. Detective Lou Smit released many of the crime scene and autopsy photographs to the media in 2000 when he began to publically espouse his intruder theory. The majority of the photographs contained herein, and many others, are available for viewing via the Internet. The one-to-one scaled Power-Point photographs of the stun gun and train track, spider web, and the glass shard sitting on the window-well frame, have not previously been viewed in a public forum. 1. Sketch – Pen and Ink Rendition of Ramsey Home & Train Room window well by Daniel C. Pauley 2. Photo 1 – Picture of front of Ramsey Home 3. Photo 2 – JBR Bedroom 4. Document – Three Page Ransom Note 5. Photo 3 – Wine Cellar Hallway 6. Photo 4 - Wine Cellar Blanket 7. Photo 5 – Hi-Tec Boot Poon Print 8. Photo 6 – Paint Tray 9. Photo 7 – Maglite flashlight on kitchen counter 10. Photo 8 – Neck ligature 11. Photo 9 – Skull fracture 12. Photo 10 – Wrist Bindings 13. Photo 11 – Garrote / Hair 14. Photo 12 – Train Room / Suitcase 15. Photo 13 – JBR Abrasions 16. Photo 14 – Stun Gun / Pigs 17. Photo 15 – Kitchen Hall / Spiral Staircase 18. Photo 16 – JBR Bathroom / Red Sweater 19. Photo 17 – Ramsey Press Conference / Reward Poster 20. Photo 18 – Rear yard of Ramsey Home 21. Photo 19 – Exterior Window Grate 22. Photo 20 – Exterior Window Well – sill smudging 23. Photo 21 – Exterior Window Well – leaves / pine needles 24. Photo 22 – Suitcase / kernel of glass 25. Photo 23 – Window Well Cobweb 26. Photo 24 – Window Well / Rectangular Piece of Glass 27. Photo 25 – Lou Smit in Window Frame 28. Photo 26 – One-to-One PPT Photographs of Stun Gun and JBR injuries 29. Photo 27 – Torn Presents / Wine Cellar 30. Photo 28 – Bowl of Pineapple / Tea Glass on dining room table 31. Photo 29 – One-to-One PPT Photographs of Train Track and JBR injuries 32. Photo 30 – Deputy Sandoval & Train Track 33. Photo 31 – John Mark Karr, Boulder County Sheriff’s Department booking photo 34. Photo 32 – Dorothy Allison’s Psychic Sketch of Perpetrator 35. Photo 33 – Train Room Chair 36. Document – Lacy’s Three-Page Letter of Ramsey Exoneration 37. Document – Floor Plans of Ramsey Home 38. Document – Professor Donald Foster’s Letter to Patsy Ramsey 39. Document – Alex Hunter’s Affidavit Clearing Burke Ramsey of Suspicion