Post by Deleted on Nov 28, 2016 17:45:49 GMT -5
At MMA Weekly I reported on some murder trials I'd attended over the last 30-
plus years in IA (home state) and here in MI in the Detroit area. As I said before,
it's an fun hobby if you're interested in the criminal justice system as I am.
This thread is simply a continuation featuring a few more cases....
I'll start with one I call the Chainsaw Chiropractor Case.
In 1983 I was still living in Davenport, IA after marrying in 1982. My wife was seeing
a local chiropractor who was not available for an appointment she had, so she was
seen and treated by an associate chiro: Dr. James Klindt.
Klindt was 6-5, lean and badly balding at age 35. He was the son of a chiro and had
been a popular track athlete in high school at Davenport Central HS who'd married
his wife Joyce in his early 20's.They had a 12-year old son. He was known as a good
son and father, a nice guy whose only fault was a hair-trigger temper, rarely shown.
In March 1983 (shortly after my wife had seen him, once), Klindt's wife had been
reported as "missing." The newspaper initially didn't report what was to become
very disturbing circumstances surrounding her disappearance.
Eventually, it was revealed that Dr. Klindt was the primary suspect in his wife's
disappearance, because the Davenport police had received a letter written by Joyce
Klindt, and given to a friend ONE OR TWO DAYS before she went missing on a Friday.
Joyce had cryptically warned her friend: "if anything ever happens to me, take
this letter to the police."
An audio tape was also given to the friend, secretly recorded by Joyce,
during a heated argument with her husband. The audiotape made reference
to the fact he'd spat in her face (Klindt replied he'd do it again), and she mentioned
his previous threat -- that he'd said he was "gonna cut her up and she was gonna
die!" Dr. Klindt (again, in the audiotape recording) replied that he "was just being
dramatic." The tape also revealed that Klindt was skimming some money from his
chiropractic practice, avoiding taxes, and his wife was claiming some of it, stating
"that's MY skim."
Obviously, Joyce Klindt was a frightened woman, aware that her husband's volcanic
temper might trigger violence, so she took steps to protect herself during any
future divorce proceedings....or worse.
Two days later, she went missing. The last words anyone heard her speak were to
a friend over the telephone on that Friday, at about noon:
"Gotta go now. Jim's coming up the stairs."
Further disturbing facts started to emerge: On that Friday afternoon when Joyce
went missing, Dr. Klindt was seen by several people loading large trash bags --
contents unknown -- onto his boat docked on the Mississippi River. He traveled out
onto the river -- it was terrible weather for boating (IA in March) -- and returned
without the trash bags. Klindt remained under investigation for awhile with
no progress.
Then, in April (a month later), a fisherman on the Mississippi discovered a woman's
severed torso floating in the river! It had been cut at the waste and on the thighs
from a Caucasian victim. The cut marks on the body were almost certainly from a
chainsaw. No further body parts were recovered, and DNA evidence was not available
for identity checks. Forensic investigators were able to use "genetic markers" and
blood types to compute a 97% probability that the dead female was indeed Joyce
Klindt. They determined that the victim was likely in her 30's and had given birth
at least once, as had Joyce Klindt. They even constructed a full-size body model
from the torso to determine approximate height and weight....but no CERTAIN
evidence existed as to her identity.
Klindt's house was searched extensively after the torso was found. A chainsaw
was seized and sent to the IA state forensic labs for extensive analysis.
It was, however, never introduced as evidence against him, despite a legal police
search. So the real chainsaw used in the crime is likely at the bottom of the
Mississippi River.
Dr. Klindt was arrested shortly after, despite no damning evidence being found on
his chainsaw, and held without bond. The sensational aspect of the case was enough
to ensure that his first murder trial (there were two) was moved to Keokuk, IA
due to all the pretrial publicity. It was this initial proceeding that I briefly attended
(it lasted two weeks), as I couldn't take off much time from work.
Klindt was being prosecuted by Scott County Prosecutor Bill Davis, an ambitious guy
angling for a spot in the IA Attorney General's office. His defense attorney was
Lawrence Scalise, widely seen as one of the best defense lawyers in IA, after
GAINING AN ACQUITTAL FOR THE REPUTED SHOOTER in the infamous Ady Jensen
murder case, in which the killer's co-conspirators were convicted in a separate trial.
Thanks to Scalise's brilliant defense, Jensen's likely killer had walked free.
No murder conviction "without a body" had ever been recorded in the state
of IA at that time! Davis was determined to be the first prosecutor to do so.
The first trial was a media circus. Davenport's newspaper, the Quad City Times,
would blare headlines like "Saw Cutter Had Medical Knowledge". Another said "Saw
Blade Got Bound Up In Intestines."
So much for media restraint.
Scalise's opening statement declared that "this is the first murder trial I've
ever seen where the evidence against the accused is nothing more than
statistics, and speculation."
During this first trial, a longtime male friend of Klindt committed perjury on his
behalf, declaring under oath that HE'D SEEN JOYCE KLINDT IN A CAR AND BRIEFLY
MADE EYE CONTACT WITH HER, BEFORE SHE SPED OFF. Up until that very moment,
NO ONE had made any such public declaration, although I'm sure Scalise knew what
his witness was going to say.
The Q-C Times headline the next morning read: "THAT'S JOYCE!" -- repeating the
perjurious testimony of the friend.
Every single witness asked about Joyce Klindt gave identical opinions: Joyce Klindt
was a devoted, good mother who never would have abandoned her son. On this
point, there was NO dispute whatsoever.
Many damning facts against Dr. Klindt emerged, of course, including the letter,
audiotape and suspicious behavior of Klindt himself. Scalise would simply counter
this with a fact of his own: No one, except possibly Klindt himself, knew if he'd
killed his wife! No one even knew for certain that she was even dead, although
nobody -- other than Klindt's pal -- had even seen her in well over a year!
The jury deliberated for days....unable to arrive at a unanimous verdict, they
were finally dismissed after a mistrial was declared by the judge. They had
deadlocked at 10-2, for acquittal. Klindt was ordered to face another trial,
this time in Sioux City, IA.
Meanwhile, prosecutor Davis was tightening his case. His first presentation had
been plagued with a confusing (to the jury at least) sequence of testimony from
prosecution witnesses, including lots of facts from serologists, statisticians and
arguments over how the search for Joyce Klindt had been allegedly botched, etc.
The computations and methodology of the 97% chance (that the corpse was indeed
hers) was ridiculed as flawed. The national registry of missing women had been used
as a basis for that computation, and Scalise was able to cast doubt upon that fact
as a legitimate practice, demonstrating that the list was NOT complete.
Klindt, while still in jail for over a year at that point, was reported to be delighted
and confident as the second trial approached.
I had planned to take 3-5 days off to see the second trial, scheduled for Nov. 1984
but I got a contract-design job at the General Motors Tech Center in Warren, MI
so I couldn't attend. Instead I moved to Warren and started my automotive career,
bought a condo, etc.
The second trial would proceed differently. Davis tightened his timeline as to the
presentation of the evidence, and the defense made a key mistake: they allowed
Dr. Klindt's mother to take the stand! She had demanded to testify on her son's
behalf. Scalise allowed it, expecting her to give routine "my son is a good husband
and father" character-witness testimony.
Prosecutor Davis pounced upon the unexpected opportunity, and upon his cross-
examination he made her selfish motives obvious:
She had spoiled her son from birth, and it was awfully clear that she was intent upon
"saving" her 36-year old heir. Amazingly, SHE ALSO CLAIMED TO HAVE SEEN HER
DAUGHTER-IN-LAW ALIVE SINCE THE FIRST TRIAL, DRIVING PAST THE KLINDT HOME!
It was a bombshell of perjury that not even defense attorney Scalise knew was
coming! She had told absolutely NO ONE about this alleged sighting! She simply and
desperately dreamed-up that clumsy lie, probably at that very moment!
Davis brilliantly refuted her claim -- unexpectedly blurted out in maternal desperation --
seconds after she uttered it. Flipping his pencil into the air and catching it, he
remarked "Well, we're getting used to this!" while smirking at Klindt's mother....
obviously referring to the fact that TWO defense witnesses were now making VERY
suspicious, "surprise" claims of a Joyce Klindt sighting. Klindt's longtime friend had
already repeated his perjury from the first trial, reciting the same lie to the Sioux
City jury.
Davis was able to more fully support and validate the statistical and scientific basis
for the "97% probability" claim, and more clearly defend against the doubts raised
with regard to the nationwide list of missing females. His witnesses were more
convincing thru better questioning, and more well-prepared to answer the questions
raised in the minds of the Keokuk jury.
This time, Scalise faced a jury that was openly skeptical of his "We ain't even sure she
is dead" summation. The jury, rather tired of hearing perjury from the Klindt camp,
came back with a second-degree murder conviction on the second or third day of
deliberations. Klindt had faced a first-degree charge. The verdict was widely seen as
a compromise verdict, scorned by defense attorneys but hailed by the other side.
For the first time in IA judicial history, a murder conviction had been obtained
even though there was NO conclusive proof the "victim" was even dead.
Klindt was automatically sentenced to 50 years in prison under IA law, but such
lengthy sentences were ALSO routinely halved to 25 years (not sure why, some court
rulings against excessively harsh sentences, I suppose).
After a few more years of denial, Klindt confessed to the killing, claiming self-defense.
He served nearly 21 years in prison and was paroled in 2004. He spent a few years
caring for his aged parents, and died in 2010 after a fall in the family home.
Sometimes, Mom, it's best if you just say nothing!