An Act Of Murder (10 page)

Authors: Linda Rosencrance

BOOK: An Act Of Murder

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A couple of hours later, Elzey received information that Kim had asked Ken Burgess, a former coworker at Holy Cross Hospital in Silver Spring, Maryland, to kill Steve for her for either $5,000 or $50,000âBurgess couldn't remember the exact amount. Burgess had contacted the state police at the Salisbury Barracks to tell them his story. Corporal Joseph Gamble, of the Easton Barracks, and another state trooper made plans to meet with Burgess on February 22 at his home in Chantilly, Virginia.

As part of their investigation police subpoenaed the Hrickos' cell phone records from Bell Atlantic, but they garnered no important information from those records. They also subpoenaed any applications for, or purchases of, life insurance on the Hrickos within the past two years from the Medical Information Bureau.

On February 21 Kimberly telephoned Elzey to ask about the status of the investigation into Steve's death. During their conversation Kim told Elzey that she was being harassed by news reporters and reporters from
Hard Copy
. Kimberly also asked for an update on the medical examiner's report. Then she said she wanted to go back to Harbourtowne and to room 506 to see where Steve died. Elzey told Kim that he didn't have the results of the autopsy yet, but he did have Steve's wedding ring, which he received from the medical examiner's office. Elzey asked Kim to meet him and Sergeant Alt at the state police barracks in Easton on Monday, February 23, to retrieve the ring. Elzey said he and Alt would then take her back to Harbourtowne.

Chapter 8

At the time of Steve's murder Joseph Gamble, now Detective Sergeant Gamble, was a corporal with the Maryland State Police. Gamble headed up the unit that did the background investigation on Kim.

Around noon, on February 22, Gamble and Corporal Jason Merson interviewed Ken Burgess at his Chantilly, Virginia, home. Burgess was one of Kim's former coworkers at Holy Cross Hospital in Silver Spring, Maryland. Burgess, who had worked as a surgical technologist at Holy Cross for about two-and-a-half years, started his job about the same time as Kim. The two first met at a hospital orientation class they attended together.

As certified surgical technologists, their duties at Holy Cross Hospital included setting up the operating room, handling surgical instruments, physically assisting the surgeon during a procedure, and then cleaning the room to get it ready for the next case. During the interview with police Burgess described Kimberly as smart, articulate, and a respected surgical technologist. He said she resigned from Holy Cross sometime in December 1997 to take a higher-paying job with a temporary placement agency, and he hadn't spoken with her since she left the hospital.

Burgess told police that just before Kimberly resigned, she approached him in the hallway near the operating room and asked him to help her kill her husband. He said she asked if he would do it, or if he would find someone to kill Steve for her, for either $5,000 or $50,000. Initially Burgess wasn't sure of the exact amount, but he later said it was $50,000.

“We were in the middle of a construction phase at the hospital and I was standing in the back hall that went into the women's locker room. That's where we kept the scrub caps and booties and that type item and I was getting dressed for the day. It was a few minutes before seven,” Burgess said later. “I had my back to her and she made a statement about wanting to have her husband killed and would I do it, or would I know somebody that would kill her husband.”

Thinking Kim was joking, Burgess turned around to look at her and made an off-the-cuff comment.

“âWhy would you want to kill your husband?'” Burgess asked. “âYou work in the operating room, why don't you just give him some curare and put him to sleep.' I was kind of joking. When I turned around and I looked at her, I could tell she wasn't joking. She just said she had to get it done.”

The next day Burgess asked Kim why she was so angry and why she wanted to kill her husband. Kim didn't want to discuss it, but she told Burgess not to discuss it with Jennifer Gowen, or anyone else. Burgess told Kim she should just forget about her plan. He also told Kim she shouldn't resign from the hospital if she was having problems at home. He figured she probably needed some stability in her life. Burgess told police that Kim probably solicited his help because she knew he never had much money and he was always complaining about living in a trailer that was twenty years old. Kim knew he was always looking for ways to make extra money.

Burgess didn't tell anyone about that conversation until Thursday, February 19, after reading an article about Steve's death in the
Washington Post
. Then he told two of his supervisors and a couple of doctors about Kim's strange request.

After interviewing Burgess, the police asked him if he would be willing to make a telephone call to Kimberly at home and let police tape the call. Burgess agreed. In order to tape a telephone call between two people in Maryland, only one person needs to consent to the taping.

Later that day Gamble and several other state troopers met Burgess at the state police barracks in College Park, Maryland, where they recorded three conversations between Burgess and Kim. During the calls police wrote out questions for Burgess to ask Kim to try and get her to say she killed Steve. Burgess made the first call at 9:14
P.M.
:

Kim (K)-Hello.

Burgess (B)-Hey, Kim.

K-May I ask who's calling?

B-Ken Burgess.

K-Hi.

B-Hey, dear how are ya?

K-I've been better.

B-I'll bet. How's everything? You doin' okay?

K-Um, right now, just numb.

B-I bet, I bet.

K-Yea, um . . .

B-How's your daughter?

K-She's okay, I was just tucking her in. Can you call back in like five minutes and I can talk to you?

I'd really like to?

B-Sure, dear, no problem.

K-Okay. Thanks.

B-Bye-Bye.

K-Bye.

Burgess called Kim back several minutes later at 9:22
P.M.
This call lasted until 9:35
P.M.

Kim (K)-Hello.

Burgess (B)-Hey, dear.

K-Hey.

B-How are ya?

K-Well.

B-Deep subject.

(Kim laughs.)

B-How's your daughter?

K-Um, doing very well, considering.

B-Good, good.

K-She's doing appropriately.

B-You doing all right?

K-Well, huh, um.

B-How surprising.

K-Hm?

B-Surprised?

K-Are you surprised?

B-Yea.

K-That you called?

B-No, I mean when I pick up the paper when I walked into work the other day and, you know. Everybody has the paper and talking, saying, âmy gosh, did you hear what happened to Kim's husband?' So . . .

K-I can't even . . . this is someone else's life.

B-I'll bet. I mean I was thinking about a week or two ago about giving you a call and seeing how the agency was and stuff was doing.

K-I've been working pretty exclusively at Suburban.

B-Are ya? I've been busy here. I just didn't get a chance . . .

K-Well, I thought about you too, to tell ya, how in demand, you know, we are. You know, ah, Janet has been working pretty much at Fairfax exclusively. . . and, um.

B-Yea, I was offered a job but I turned it down about two weeks ago.

K-How much were they giving you an hour?

B-It wasn't much more an hour, about a buck or so more, but it was three-twelves. Would have been nice but with Steven (his son) home, I just couldn't do the twelve-hour shift.

K-Right.

B-So, can I, what the hell happened?

K-Um, well . . .

B-You okay?

K-Well, no. I mean I've been crying for days and

I don't have any more . . . It's like I'm numb.

B-Did you go home for a while?

K-Hm?

B-Did you go home for a while?

K-I had to go home to bury him.

B-Uh huh. I didn't know if that happened yet, or . . .

K-Yea, and um, Valentine's weekend Steve, okay, oh, let's get back on track.

B-You don't have to go into it.

K-I do. I mean because I know that you, you'll tell people at work. They need to know.

B-I'd like that. Jill called me.

K-Did she?

B-Yea. Long distance and at that point I was, just couldn't talk.

K-Um. And now I can so I'll tell you a little bit, just to, some of the details. Um, I told Steve in January that he had to change or had to leave. B
-
Hm.

K-We started counseling together.

B-Uh huh.

K-And, um, separately.

B-Right.

K-As well.

B-Ah huh.

K-And um, as a surprise he booked a, not telling me where we were going, or what we were doing, to Harbourtowne, on the Eastern shore. I didn't even know what we were doing . . . pack a bag and we were going to stay the night.

B-Ah huh.

K-It turns out that we were going to a murder-mystery dinner theater. But part of our counseling had been, well, it's sort of personal, but like . . .

B-Right, I read that part, that was in the (
Washington
)
Post
.

K-What was?

B-That you all were going down to that murder mystery thing.

K-Oh, right. We had talked, agreed that we wouldn't . . . there would be no pressure in that direction.

B-Ah huh.

K-Because that's one of the issues we were dealing with.

B-What? Remember back before you left, you came to me?

K-Uh huh.

B-Right before you left.

K-Um huh.

B-You wanted to know if I knew anybody that would take him out.

K-Oh, I was just kidding. I mean, you know, I was just . . .

B-I mean that scared the hello out of me 'cause then I picked up the paper and the other day and I was, like what the hell happened.

K-Um huh.

B-But I just ah, you know, I just . . . It scared me a little bit because you know I'm concerned about you.

K-Ah huh. Well don't worry. I mean you know sometimes you say things just to vent.

B-Uh huh.

K-But you know that you would never, ever, actually have the guts to do anything like that. B-You doing okay?

K-Huh?

B-But you're doing okay?

K-Well, so do you want to hear the rest of my story?

B-I sure do.

K-Anyway we went to this thing, and, um, Steve's counselor put him on some psych meds and doubled the dose and then doubled the dose again.

B-Damn.

K-And he drank a lot that night.

B-Ah huh.

K-A lot, and, um, I guess, I don't know [he got kind of] groppy [Note: gropey] and you know. B-Ah huh.

K-Man like.

B-I can sympathize. Go ahead.

K-Um huh, and so I just said I have to leave and I left. And um, I knew we were on the Eastern shore and my brother lives on the Eastern shore and my very good friend and her husband live there. So I got in my car and proceeded to get my, I mean just, all I wanted to do was find Route 50 and it's like the world's hardest thing to find. And at 11 o'clock at night no gas stations, no 7-11's, no pedestrians, anything. And I got really severely lost, although I did find Easton once and um . . . but the directions were obviously bogus or I'm really retarded. I don't know, probably both, 'cause I was really upset.

B-Was he American that gave you directions? K-Women.

B-Oh, see there you go.

K-So, I just got to this point that I was so tired, 'cause I had also had, you know, like two glasses of champagne with dinner, a big dinner. So I go, okay, how much worse is this than anything we've been through.

B-Ah huh.

K-Should I just go back there and he'll probably be sleeping anyway. Well, I went back, which was another adventure because I got lost three times, trying to do that, and um, I couldn't find where I [left] the key, and I went around to the back because we had like a villa that faced the water.

B-Ah huh.

K-And I opened up the sliding glass door, which wasn't locked. Well, I had actually hung clothes out there to dry. Don't ask. Anyway.

B-Okay.

(Kim laughs.)

B-A little dipping of the skinny?

(Kim laughs and then continues on with her story.)

K-And um, a huge amount of smoke came out, like black, dense heat, so that when I pulled the curtain back and it was just ridiculous all the smoke and I started to scream and there was no light, and there was no noise, and not a light, no nothing. You know it was just so dense, so I ran around to the front of the building, 'cause they're grouped in fours.

B-Ah huh.

K-And I started knocking on everyone's door and no one was, I mean the parking lot was full and no one's answering. So I went to the next group of fours and starting knocking. I was just like running from door to door and whoever answers, you know, I was screaming like an idiot. I think, well, I have to get back in the car and I have to drive back to the main lodge, 'cause it's the only thing that's going to work. I get into the car and I'm, like, I got a car phone. So I call 911, at the same time I was driving back to the lodge and I was like simultaneously talking to the man on 911 and at the same time running into the lobby and screaming. And, um, then everybody in the lobby just bolted and was going to do whatever it was they needed to do. But I was standing there by myself, going, oh Jesus what do I do, what do I do. So, I knew that I was going to hyperventilate and there was no way I could drive, so I sorta just like ran back to the villa, but I didn't even get to it because like the policeman and this woman tackled me and, um, shoved me in the back of the police car and took me away because I guess they had pulled Steve out by that point and it looked pretty bad.

B-Um, well what do the cops think?

K-They think it was a horrible accident, so far.

B-Have they talked to anybody? I mean if they come and talk to me what the hell do you want me to say?

K-I can't believe you're worried about this?

B-You scared me back when you were . . . that's why I came to you the second day about it, you know. You really kinda scared me about it. I mean you know how much I think, I care about you.

K-Um huh.

B-It's just, ah, I hate to see something . . .

K-I thought we were both flippant.

B-Yea, well I figured we both are most of the time.

K-Yea, because I mean, you said, you said . . . B-Sorry, my car phone.

K-Huh?

B-Sorry, go ahead. I'm on my cordless.

K-Oh.

B-Walking around. I can't sit still.

K-I thought we were just, I mean really considered that this to be like a, a joke.

B-Yea.

K-Because, you said, seriously, I mean, what you said, “Why would you do anything like that when you have all this curare.”

B-Right. I remember the conversation.

K-Yea.

B-So, well you know you can get a hold of me if you need anything. You know that.

K-Right and . . .

B-I want you to take care of yourself, that's all, that's why I called. You had me worried.

K-Well, you know.

B-You really had me worried. It's scary. You know, we started there together. I could come to you about anything when I was there. You kept me out of trouble 90% of the time. Now I don't have anybody to keep me out of trouble.

K-Absolutely and that's how I am. I mean if I'd give someone my friendship, I give it.

B-Is Jenny and them okay? I mean is she there for you?

K-No.

B-No?

K-No.

B-What's wrong with her?

K-Just stuff.

B-You sure? I mean you okay?

K-Oh yea. I mean of all the things that are happening that's way low on my priority list.

B-You had a problem before?

K-They had to put me on like a 24-hour watch because I wanted to kill myself after it happened. B-Oh Jesus.

K-I mean . . .

B-You should have called, baby. You know there's people out there that care about you.

K-Oh my God and my house was full of them.

B-No lie. I mean there's no lack of support, and . . . You know you can call if there's a problem.

K-I mean, please, don't worry about that.

B-It just scared me. I mean you don't pick up the paper often and see something like that. And you know how I didn't want them coming around, asking. So let me give you my pager number sweetheart, so . . .

K-I have it.

B-You do?

K-It's the one you gave me all along. The same one I've always, put it in . . .

B-It's the same one. Page me if you need anything. It's a lot easier to page me than call me at the house, 'cause I've been pulling about five nights a week call. So . . .

K-You're still a money-making machine.

B-Ah well, I'm not sleeping that much, but you know . . .

K-Why is that?

B-Gotta work. Ain't nobody else left, so we got like five travel techs, so . . .

K-That they're paying?

B-Yea.

K-Huge money?

B-Well, I'm glad we talked dear.

K-Have they given you a raise yet?

B-No.

K-Are we done talking? Is this what you're telling me?

(Inaudible)

K-I wanna talk more.

B-Can't I call you tomorrow?

K-No.

B-Won't you be home?

K-No.

B-No? Where you going?

K-Huh?

B-I said, “You won't be home tomorrow?”

K-No. I have like five thousand . . . It's the first day that I've been home. I just got home tonight. B-Is it really?

K-I mean I have been traveling, doing funeral-type horrible things.

B-Right. At the same time this happened Jim passed . . .

K-Huh?

B-Jim, my father-in-law passed away.

K-Now, listen to me.

B-Yea.

K-You know me.

B-Yea.

K-Please.

B-Talk to me, Kim.

K-Please do not think that I am capable of this. If the people that know me best think that I am, then it would be worse to me than anything. Besides the actual loss, which is probably the worse thing that has ever happened to me in my life, I was at the funeral and we all . . . The thing's that hardest for me, I mean besides the fact that now, I'm by myself, you know. I really wish I could have just said goodbye, that's all. I mean . . .

B-I know. I know he had done something bad when we talked in November, because you wouldn't say what he had done.

K-Right.

B-So, you know.

K-It's . . . It was just some stuff. But we were getting through it. I mean then, but I don't know what's worse, I don't know. You know it's things have been totally crappy or totally great, which makes it worse.

B-Right. Well, babe, I'm not cutting you off but I gotta go take care of Steve, he's had a bad toothache and I want to get some sleep. I got to get in tomorrow morning bright and early. But let me call you tomorrow evening, if I can. Okay? Can I do that? Would it bother you? That way you would have somebody to talk to.

K-Okay.

B-Okay. You take care of that daughter. She needs you right now.

K-Yes, she does, she really does.

B-You got my pager, page me if you need me for anything.

K-Okay.

B-All right.

K-Okay.

B-I appreciate it, dear.

K-No, thanks for calling.