The Tylenol Mafia (80 page)

On December 20, 1984, the Wheaton:
Possley
, Maurice; Armstrong, Ken.
“Prosecution on trial in DuPage.”
Chicago Tribune
, January 12, 1999.

The trial against Cruz:
Possley
, Maurice; Armstrong, Ken.
“Prosecution on trial in DuPage.”
Chicago Tribune
, January 12, 1999.

Tim
Gabrielsen
, one of two:
Sevener
, Donald.
“A Capital Blunder.”
Chicago Reader
, July 27, 1989

In June 1985, Brian Dugan:
Sevener
, Donald.
“A Capital Blunder.”
Chicago Reader
, July 27, 1989.

Mueller then hinted:
Sevener
, Donald.
“A Capital Blunder.”
Chicago Reader
, July 27, 1989.

In November 1985, Brian:
Sevener
, Donald.
“A Capital Blunder.”
Chicago Reader
, July 27, 1989.

Dugan kicked in:
Sevener
, Donald.
“A Capital Blunder.”
Chicago Reader
, July 27, 1989.

Cisowski presented his: “Presumed Guilty.”
American Justice
. A&E, October 22, 2010.

I had the attitude from day one:
Sevener
, Donald.
“A Capital Blunder.”
Chicago Reader
, July 27, 1989.

On January 19, 1988: Gregory, Ted. ““I’m just very confused why the thing took this long”.”
Chicago Tribune
, November 30, 2005.

In May of 1988, scientific:
Possley
, Maurice; Armstrong, Ken.
“Prosecution on trial in DuPage.”
Chicago Tribune
, January 12, 1999.

 
“The forensic evidence”:
Sevener
, Donald.
“A Capital Blunder.”
Chicago Reader
, July 27, 1989.

DuPage County prosecutors closed: Bills, Jeffrey. “3rd Murder Trial For Cruz Delayed.”
Chicago Tribune
, June 19, 1995.

The “vision statement”:
Possley
, Maurice; Armstrong, Ken.
“Prosecution on trial in DuPage.”
Chicago Tribune
, January 12, 1999.

The verdict was appealed again:
Possley
, Maurice; Armstrong, Ken.
“Prosecution on trial in DuPage.”
Chicago Tribune
, January 12, 1999.

In September 1995:
Possley
, Maurice; Armstrong, Ken.
“Prosecution on trial in DuPage.”
Chicago Tribune
, January 12, 1999.

 
“Let’s look at what the evidence shows”:
Frisbie
, Thomas; Garrett, Randy.
Victims of justice revisited
.
Northwestern University Press, 2005.

 
“I as a judge”:
Frisbie
, Thomas; Garrett, Randy.
Victims of justice revisited
.
Northwestern University Press
, 2005.

paid
$3.5 million to settle:
Houlihan
, Kate. “Dugan indicted in Nicarico murder; Birkett looks for `harshest penalty under the law'.”
The Sun
– Naperville, November 30, 2005.

In November 2009, Birkett: Zorn, Eric. “Who got it right about Brian Dugan?”
Chicago Tribune
, November 12, 2009.

42
           
The Judges of DuPage County

“We owe it to the victims’ families”:
Coen
, Jeff; Marx, Gary. “FBI reopens Tylenol tampering case.”
Chicago Tribune
, February 5, 2009.

In July 2009, prosecutors: Lewis, James. Email interview by author, re: DNA, June 25, 2010.

 
“The couple arrived in the front corridor of the courthouse”:
Goudie
, Chuck. “Cold Case cops hope DNA will crack '82 Tylenol murders.”
ABC Chicago website, January 8, 2010.
Accessed July 20, 2011.
http://abclocal.go.com/wls/story?section=news/iteam&id=7206919

 
“The FBI used the occasion”: Lewis, James. Email interview by author, re: DNA, June 25, 2010.

“I will have no comment on that”:
Goudie
, Chuck. “Will smudge on '82 Tylenol bottle be Lewis link?” ABC Local website, January 9, 2010, Accessed July 10, 2011.
http://abclocal.go.com/wls/story?section=news/iteam&id=7209493

“Proceedings such as that reported”: Saltzman, Jonathan. “Suspect in ’82 Tylenol case appears at hearing.”
The Boston Globe
, January 8, 2010.

James Lewis had been fingerprinted: Lewis, James. Email interview by author, re: DNA, June 25, 2010.

More recently, when Lewis: Lewis, James. Email interview by author, re: DNA, June 25, 2010.

Authorities who examined: United Press International.
“Cyanide-Extortion Suspect Faces Murder Charge.”
Altoona Mirror
, October 18, 1982.

DNA typing (profiling): “Interview of the Week: Alec
Jeffreys
.” MIT Website, June 2004.
Accessed July 1, 2011.
http://web.mit.edu/invent/iow/jeffreys.html

Police forces can collect DNA: 486 U.S. 35 (1988) CALIFORNIA v. GREENWOOD ET AL. No. 86-684. Supreme Court of United States, May 16, 1988.

On January 12, 2010:
 
America's Newsroom W/ Bill Hemmer &
Megyn
Kelly
. Fox News, January 12, 2010.

The Huffington Post
had reported:
The Huffington Post
: “James Lewis, Tylenol suspect gives DNA sample, as charges may be brought.”
The Huffington Post
, January, 9, 2010.

On October 26, 1982, one day after:
 
United Press International. “Cyanide investigation focused on people full of hate.”
Hutchinson News
, November 9, 1982.

They apparently meant to say: United Press International.
“Cyanide-Extortion Suspect Faces Murder Charge.”
Altoona Mirror
, October 18, 1982.

Tyrone Fahner had said on November 9, 1982: United Press International. “New Tylenol-Cyanide Mix Found.”
Pharos-Tribune
: Oct 29, 1982

 
“What’s going to happen happens”:
Gazior
, Anne Burris. “Tampering case leaves legacy of distrust for area residents.”
Daily Herald
, September 27, 1992.

Morgan did not need the Tylenol: Church, George J; Griggs, Lee; Healy, Rita. “Copycats Are on the Prowl.” TIME, November 8, 1982. -- Associated Press: “A narrow miss in taking deadly capsules.” The Register, October 29, 1982.

Morgan claimed to have bought: “Early Cyanide Death Not Tied to Tylenol, Authorities Believe.” New York Times, October 28, 1982.

“The [eighth] bottle is clearly different”
::
Associated Press. “Latest capsule has differences.”
The
Lethbridge
Herald
, October 29, 1982.

Furthermore, the adulterated capsules in the eighth bottle: Associated Press. “Latest capsule has differences.”
The
Lethbridge
Herald
, October 29, 1982.

“
advanced
state of deterioration”: Malcolm, Andrew H. “Another poisoned Tylenol bottle is found by Chicago investigators.”
The New York Times
, October 22, 1982.

On the morning of September 30, 1982, David Collins made a phone call: Moore, Thomas.
“The Fight to Save Tylenol.”
TIME
, November 29, 1982.

It is an amazing coincidence that the only person:
Gazior
, Anne Burris. “Tampering case leaves legacy of distrust for area residents.”
Daily Herald
, September 27, 1992.

Paul Noland was sworn: Rodriguez, Alex. “Corporate attorney named DuPage associate judge.”
Daily Herald
, July 14, 1992.

He retired in 1998:
McCoppin
, Bob, “In Catch-22,
sex
offender faces jail.”
Daily Herald
, May 2, 1998.

A judge in the 18
^th
Circuit Court granted:
Gutowski
, Christy;
Vitello
, Barbara. “Tylenol investigators focus on ‘smudge.’”
The Daily Herald
, January 9, 2010.

On November 23, 2009, Judge Paul Noland was recalled: “M.R. 3033: In re: Recall of Retired Judge.”
Order by the State of Illinois Supreme court, November 9, 2009.

On December 23, 2009, a summons was issued: Leone, Gerald Jr. Summons of James Lewis to Superior Court in the County Middlesex, December 23, 2009.

That order required the Lewises:
Gutowski
, Christy;
Vitello
, Barbara. “Tylenol case revived with decades-old DNA evidence.”
Chicago Daily Herald
, January 11, 2010.

The judicial careers: State of Illinois Judicial Inquiry Board. Fiscal Years 2007 and 2008 Report: 2009

After 20 years on the bench,
Fawell
resigned: Schmeltzer, John.
Mount, Charles.
“DuPage Judges Get Reprimand.”
Chicago Tribune
, June 26, 1985.

The Commission said the conduct: Associated Press. “Judges reprimanded for wedding fees.”
Alton Telegraph
, June 26, 1985.

 
“The guy lives in Chicago, he should stay in Chicago”: Schmeltzer, John; Mount, Charles.
“Ex-judge Off the Hook in Race Case.”
Chicago Tribune
, August 11, 1987.

 
“Johnny, you come”:
 
Schmeltzer, John; Mount, Charles.
“Ex-judge Off the Hook in Race Case.”
Chicago Tribune
, August 11, 1987.

Judge Lewis Morgan, after being accused: Barnum, Art.
“Ex-DuPage Judge Faces Legal Charges.”
Chicago Tribune
, October 25, 1989.

A former DuPage County judge who: Barnum, Art.
“Ex-DuPage Judge Faces Legal Charges.”
Chicago Tribune
, October 25, 1989.

Investigators for the State Commission: Barnum, Art.
“Ex-DuPage Judge Faces Legal Charges.”
Chicago Tribune
, October 25, 1989.

Ed Reiner, following the recommendation of an attorney acquaintance: Reiner, Ed. Personal interview by author. Winfield, IL, May 22, 2010.

 
“You realize a small town like that has lots of secrets”: Pierce, Victoria: “Wheaton native recalls role in Watergate.”
Daily Herald,
June 17, 2002.

43
           
A Reactivated Cover-up

 
“We generally condone”:
 
Possley
, Maurice; Armstrong, Ken.
“Prosecution on trial in DuPage.”
Chicago Tribune
, January 12, 1999.

Under the federal Freedom of Information Act (FOIA): U.S.C. Title 5, Section 552.
“Public information; agency rules, opinions, orders, records, and proceedings.”

Neither Nichols nor Lane responded: Bartz, Scott.
Email to Sherry Nichols, re: James Lewis, May 26, 2011.
- Bartz, Scott.
Email to Roy Lane, re: James Lewis, June 16, 2011.

Sherry Nichols’s phantom Tylenol murders book: Nichols, Sherry. Email to James Lewis, re: book in editing, January 23, 2009.

a
decision made easier by the recent death of Roger Arnold: Unites States Department of Veterans Affairs website, “Arnold, Roger Reed.” Accessed July 2010,
http://gravelocator.cem.va.gov/j2ee/servlet/NGL_v1

 
“
located
no records indicating that your subject”:
 
Kelso, Wally. FOIA reply, re: Tylenol Murders 1982, August 31, 1999.