The Boston Stranglers (14 page)

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Authors: Susan Kelly

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Troy asked his client what his mental state had been in the summer of 1966.
A
LBERT
: Scared, pressured, under complete pressure. I didn't know what to do, but I had to rely on my counsel, and I did everything he told me.
46
T
ROY
: Were you aware of everything that was going on around you?
A
LBERT
: No, sir, I was not aware, because my counsel wouldn't tell me anything. He kept everything to himself, and Mr. Burnim said that “Mr. Bailey is neglecting you and his other clients.”
T
HE
C
OURT
: Excuse me. The question is, how did you feel, and you have stated you felt scared and under complete pressure and not aware of what was going on. If you have anything further to state in response to that question, don't go off on some other subject.
T
ROY
: At some time while you were at Bridgewater, Mr. DeSalvo, were you subject to hypnotism? A
LBERT
: Yes, sir.
T
ROY
: Were you subject to multiple psychiatric interviews?
A
LBERT
: Yes, sir. I was put under hypnosis many times, and I was subjected to all kinds of doctors and everything.
T
ROY
: Sure. And were there people coming and going all the time to talk with you, either with or without your attorney?
A
LBERT
: Yes, sir.
T
ROY
: People from the Attorney General's Office?
A
LBERT
: Yes, sir.
T
ROY
: Various doctors?
A
LBERT
: Yes, sir.
TROY: Outside consultants?
A
LBERT
: Yes, sir.
T
ROY
: And hypnotists?
A
LBERT
: Yes, sir.
T
ROY
: Were you a little confused?
A
LBERT
: Yes, sir.
Troy then brought up the issue of whether Albert might be indicted or tried for offenses he'd allegedly committed in Rhode Island and Connecticut. The lawyer was questioning Albert on his knowledge of any out-of-state warrants pending against him when James Lynch, the attorney for Twentieth Century-Fox, asked permission to approach the bench. Lynch told Judge Garrity that F. Lee Bailey, who was present in the courtroom, had just informed him that he (Bailey) had to leave to make an afternoon appointment. In view of this emergency, Lynch wondered if it would be possible to postpone Albert's cross-examination so that Bailey, who had been scheduled to testify later in the proceedings, might take the stand now. Garrity ruled that Albert's cross-examination be suspended to accommodate Bailey, unless of course Counselor Troy had an objection. Troy did, on the grounds that Bailey hadn't been sequestered but allowed to listen to Albert's entire testimony.
T
HE
C
OURT
: Excuse me. I don't get your point. You object to Mr. Bailey testifying at this time?
T
ROY
: No, no.
T
HE
C
OURT
: That is all I am ruling on.
T
ROY
: I do.
T
HE
C
OURT
: You say you do object.
T
ROY
: I do.
T
HE
C
OURT
: On what grounds?
T
ROY
: I think cross-examination of DeSalvo should come first.
T
HE
C
OURT
: Why?
TROY: Not that Mr. Bailey would tailor his testimony, he would insert his testimony for the benefit of the respondent, but it might just happen that way.
Garrity was not swayed by Troy's objection. Bailey mounted the stand and took the oath to tell the truth, the whole truth, and nothing but the truth.
Questioned by Troy, Bailey said that he'd first met Albert at Bridgewater in late February of 1965 and that three different parties (he didn't say which ones) had requested him to make this visit. He thought that it had been reported to him that Albert had escaped from incarceration in February of 1967.
Bailey identified a copy of the June 17, 1966, release given to Gerold Frank and verified his own, Albert's and George McGrath's signatures at the bottom of it. He said that a lawyer for New American Library, Frank's publisher, had drawn up the document. Bailey didn't know the lawyer's name.
Troy asked Bailey if he'd explained the meaning of the release to Albert and Bailey testified that he had, “in painful detail.”
T
ROY
: Was one of these painful occasions the date of the signing?
B
AILEY
: The occasion wasn't painful, the detail was, and that was one of the occasions.
T
ROY
: And did you explain to Mr. DeSalvo what the word “perpetuity” means?
B
AILEY
: Yes, in somewhat more simple terms.
TROY: I see. And did you explain the word “biographical” to him?
B
AILEY
: Yes.
T
ROY
: You took all these words that you felt might not be familiar to Mr. DeSalvo and you explained them in detail, didn't you, Mr. Bailey?
B
AILEY
: You mean word by word?
T
ROY
: Yes.
B
AILEY
: No, I did not.
Troy kept hammering at the same point.
T
ROY
: Did you give [Albert] a capsule explanation of the document?
B
AILEY
: I explained it to him in simple lay terms, as
I would to any client, yes.
T
ROY
: I see. And, of course, your testimony will be that he understood, is that correct?
T
HE
C
OURT
: Well, now, don't ask the witness what his testimony will be. Ask him questions, please.
T
ROY
: Do you think he understood you?
B
AILEY
: He said that he understood.
T
ROY
: You didn't answer my question, Mr. Bailey. Do you think he understood?
B
AILEY
: I thoroughly believed that he understood, yes.
T
ROY
: Did George McGrath hear this explanation? B
AILEY
: My recollection is that he was sitting three or four feet from me at the time I gave it, so I would have to say that he probably did. I cannot say what his aural stage was at the time.
T
ROY
: He probably did.
B
AILEY
: I would assume that he did, yes. I think he commented on it at one time.
T
ROY
: Do you know if Mr. McGrath saw Albert peruse it?
B
AILEY
: I don't know what Mr. McGrath saw.
At this point, the exchange between Troy and Bailey began to take on the quality of an Abbott and Costello routine.
T
ROY
: Was Mr. Burnim there?
B
AILEY
: I think that was the first occasion Mr. Burnim met Mr. DeSalvo, but I am not sure.
T
ROY
: And did he witness this signing?
B
AILEY
: If he was there he witnessed it, yes.
T
ROY
: If you know.
B
AILEY
: You mean did he sign as a witness or did he observe what went on?
T
ROY
: Did he observe it?
B
AILEY
: He was in a room so small facing toward DeSalvo that I would say he must have observed it if that was the occasion of his first visit, I am not sure.
T
ROY
: Well, do you know if he saw Albert peruse it? BAILEY: I don't know what he saw. I would assume he saw what I saw.
TROY: Do you know whether or not he heard you explain the content of the document?
B
AILEY
: No, I don't. I know he was within earshot. T
ROY
: What is earshot, Mr. Bailey, how many feet in distance?
B
AILEY
: I don't think I need decide that. I would say three feet is definitely within earshot, and what the outer limits are I cannot calculate.
T
ROY
: How far away was Mr. Burnim?
B
AILEY
: Oh, three feet.
T
ROY
: Three feet?
B
AILEY
: It was a very small room.
Bailey didn't recall discussing the Bridgewater guards with Albert on the occasion of the signing of the release. He also said that the document hadn't been folded when Albert had put his name to it and that he had fully explained to Albert what compensation he could expect to receive from Frank under the terms of the agreement. Some $18,443.52 had been paid out so far. Troy asked where that money had gone. Bailey said that fifteen thousand dollars had gone to George McGrath “for the benefit of DeSalvo” and the rest had gone to Albert's brother Richard.
“Mr. Bailey,” said Troy, “who is Robert McKay?”
B
AILEY
: Robert McKay is a fictitious name. In this case.
T
ROY
: Sort of a straw?
B
AILEY
: What's that?
T
ROY
: Sort of a straw.
B
AILEY
: Well, I don't know that he is a straw. The name is fictitious.
47
Troy inquired again as to the whereabouts of the fifteen thousand dollars. Bailey replied that “it was deposited in [his] account and used in part for expenses relating to DeSalvo; in part it was given to his brother Richard.”
Bailey was actually keeping ten thousand dollars in reserve in case he ended up having to pay the reward he'd offered for the safe capture of Albert after the latter had fled Bridgewater in 1967. Two clerks in the uniform store in Lynn where Albert had surrendered to the local police had claimed the bounty. Bailey had understandably refused to pay, and the shop attendants sued him. Happily, the suit came to nothing, thus relieving Albert of the necessity of footing the bill for his own arrest.
Troy then produced a copy of a letter purportedly written by Albert on April 21, 1968. It read:
Dear Mr. Bailey:
Why do you give me the runaround when I asked you to show me all the papers you had me sign? I am asking you for the last time, I want to see and have a copy of all what [sic] I have signed by this coming weekend. PS: Wrote last week. My letters are not being answered.
Bailey didn't know if he'd ever received an original of that letter, nor did he recall Albert ever asking “in those terms” to furnish him with any copies of contracts. He believed he recognized Albert's signature on the paper Troy showed him. He couldn't say that the actual handwriting of the letter was familiar to him.
Returning to the subject of the release, Troy asked if Gerold Frank had been in the Bridgewater vicinity at its signing. Bailey thought that Frank was in the Boston area at the time, because the lawyer had flown the author up from New York himself. He did recall that Frank certainly hadn't been admitted as a visitor to Bridgewater that day to witness the signing. He couldn't remember if the writer had been waiting in a car outside the institution for Bailey to return with the document.
Again, Troy pressed Bailey on the circumstances of the signing of the release.
T
ROY
: Was Burnim looking out the window for the guards?
B
AILEY
: Not that I recall.
T
ROY
: Did you make a statement “sign it quick, before the guard comes?”
B
AILEY
: Did who ever make such a statement?
T
ROY
: You.
B
AILEY
: To whom?
T
ROY
: Albert H. DeSalvo.
B
AILEY
: Not that I recall, no.
T
ROY
: Never?
B
AILEY
: No.
Troy, who had been circling his prey, suddenly pounced: “Do you know if it is a violation to have an inmate sign a document while they are inmates at Bridgewater?” Said Bailey, “Yes, I know whether or not it is a violation in my judgment to have an inmate sign a document for his lawyer.”
That was not precisely the question Troy had asked. He let it pass for the moment.
48
The proceedings continued, with Troy quizzing Bailey on Albert's 1967 trial and the publicity generated thereby; Albert's hypnosis at Bridgewater, which had taken place at Bailey's instigation in order to elicit from Albert more details of the stranglings; Albert's interrogation by John Bottomly; and Bailey's putative interest in the Strangler movie—Bailey denied that he had ever been offered money by the filmmakers for the use of his name. Then Judge Garrity announced that he had been advised that members of the media, toting camera equipment, were gathering in the corridor outside the courtroom. He reminded those present that it was illegal for any photographs to be taken or recordings to be made of the present proceedings.
Under cross-examination by James Lynch, Bailey expanded on his previous testimony: that Albert was aware of and agreeable to the deal with Frank as well as fully comprehending of its terms, and, further, that Albert had endorsed the plan to have the money he received from Frank entrusted to “Robert McKay.” Bailey didn't think Albert had ever objected to the publication of the Frank book, although he had wanted one anecdote in it deleted because he viewed Frank's version of the incident as inaccurate and insulting.

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