The Evil That Men Do: FBI Profiler Roy Hazelwood's Journey Into the Minds of Sexual Predators (33 page)

When he ordered her to undress, she protested.

He shoved her, not violently.

“He told me just follow along and I’d be okay,” Mitchell testified.

She took off her nightgown and underwear and let down her hair, as instructed. He complimented Mitchell on her figure, and mentioned that she looked tense. He told her to lie on her stomach so he could give her a back rub.

He was polite and solicitous about her well-being throughout, Mitchell said.

After about five minutes of cunnilingus, he tried to kiss her, but was rebuffed. He put two fingers into her vagina, as he had with Dana Holly. But instead of simply masturbating, he stroked himself to erection, put on a condom as Mitchell requested, and vaginally raped her. The assault lasted less than three minutes.

Afterward, he pulled the covers up around her, and wished her good night as he left.

He returned to Pacific Beach for his next assault. Unlike the other victims, Kim Caldwell, thirty-two, an airline sales agent, did not care if her identity was known. In fact, she insisted on it, going to the
San Diego Union-Tribune
with the story of her physical and emotional ordeal.

“A primary reason rapists continue to rape—not why they
rape, but why they continue—is because women live in fear,” she told reporter Kathryn Balint. “Rapists know that and they rape and they rape and they rape. I believe that women need to fight back.”

Later in court, Caldwell would describe how she was awakened in bed at 3:00 a.m. on Tuesday, August 17, 1993, by a man in a ski mask on top of her. He had a knife at her throat, and was saying, “Kim, wake up!”

She fought, furiously.

“Calm down, calm down, calm down,” he kept saying to her. Then he began massaging her shoulders with one hand as he continued holding the knife at her throat with the other.

He told Caldwell, as he had told Molly Iverson a year earlier, that his name was Johnny. Iverson had thought him to be in his late twenties; Caldwell guessed he was thirty to thirty-five.

“Johnny” told Caldwell he had been watching her for a long time.

“He said he had watched me when I came home at nights,” she testified. “He watched me when I usually got something to eat in the kitchen . . . and he watched me in the living room watching television. And he said that his favorite time to watch me was in the bedroom when I was reading. He said he did that a lot.”

Her attacker told Caldwell to remove her one garment, a T-shirt, pushed her down on the bed, and began kissing her neck and breasts and performing cunnilingus. He kept telling her to relax and, over and over, that she
had
to achieve an orgasm.

He strove ardently to kiss her lips, but she clenched her teeth in refusal.

When he reached to put his fingers in her vagina, she grabbed for the knife he laid aside. He noticed her movement, and took the knife back from her. Then he placed the blade between her legs, but he did not touch her with the weapon or threaten her with it.

Finally, he pulled a condom out of a fanny pack, and put it
on, only to lose his erection. “Johnny” went back to fondling and kissing her until he was hard once again, and then quickly raped Caldwell vaginally. Once finished, he removed the condom, tied a knot in it, and placed it in a Baggie back in the fanny pack.

Caldwell was shaking with fear and anger. The rapist tucked her blankets around her and then sat down on the bed to ask if she wanted him to leave.

“It was like he was trying to be nice,” she’d remember. “It was like it was a date almost . . . he was apologizing the whole time.”

On the way out, he called her Kim.

He found his final victim, twenty-three-year-old Jane Phillips,* back in the vicinity of San Diego State.

She was awakened at about 1:00 a.m. on Friday, October 29, 1993, by the rapist standing over her. Instead of the ski mask, he was wearing what Phillips later described as a ski cap and a Lone Ranger mask. He put his hand over her mouth and pushed her head down into her pillow.

“Don’t move. Don’t talk. I don’t want to have to hurt you,” he said.

He seemed aware that Jane shared her apartment with a roommate who was sleeping nearby.

“I’ll take my hand away if you promise not to scream,” he said. “We have to be quiet. We don’t want to wake our roommate up.”

She started crying, and jumped at the sight of his knife, which nicked her in the chin. He seemed more scared than she, Phillips later testified.

“It’s okay, it’s okay, you’re not bleeding, see?” he told her. “You have to listen to what I say and do what I say or else you’re going to get hurt, because it’s a very sharp knife.”

He helped her sit up and remove her sweatshirt.

“He told me ‘we are going to have sex,’ ” she testified. “Then he said the first thing he wanted to do [was] ‘taste you and smell you’ and he said he wanted to make me come. He
wanted me to have an orgasm, and then he started to perform oral sex.”

Disappointed anew that his victim did not respond as he had hoped, the rapist put on his condom and entered her vaginally. She wouldn’t look at him, which further upset him.

“He would take my hands and put them on his shoulders, and then my hands would fall away. Or he’d take my legs, lift them up for deeper penetration. And my legs would fall away. He [was] continually getting soft so he would have to pull out, masturbate, harden himself up and proceed.”

Phillips recollected her rapist lost his erection five or six times before he was through. Then, as before, he tucked her in and sat down to talk.

He asked how she felt and if she would now be angry at all men or just him.

“I know you didn’t enjoy yourself,” he said. “But I thought it could be different with you.”

“It was almost like he was my boyfriend,” Phillips reported. “He wanted to be my boyfriend. He was almost loving in a way.”

He left by her open sliding glass door.

Next morning, Phillips discovered the spent condom where he’d discarded it, near the front of her parked car.

It would prove a vital piece of evidence.

Kenneth Bogard—“Bogey” to his friends—was well known around San Diego as a singer and lead guitarist for Dr. Chico’s Island Sounds, a popular local rock group. His neighbors in the city’s Hillcrest neighborhood described him as likable and outgoing.

A woman identifying herself only as Janis, who lived in the same apartment building with the thirty-six-year-old Bogard, told the
San Diego Union-Tribune,
“I’ve seen him lots of times in the Jacuzzi with a girlfriend, a girl with blond hair. He’s very handsome, a good-looking guy. He looks like a cross between Barry Manilow and Rod Stewart.”

But Bogey Bogard had a hidden personal history.

In 1980, at age twenty-three, he was convicted in his home state, New Jersey, of masturbating in public as he fondled an article of infant’s clothing. Nine years later, he was charged again in California with public masturbation, but pleaded guilty to a lesser charge.

In the summer of 1993, he was caught with a video camera in the Wet Seal, a women’s chain clothing store located about three miles north of Pacific Beach. Bogard had slung the camera low from his shoulder, and turned it on in an attempt to videotape under women’s dresses as they shopped.

“When the police looked at the tape,” says Dan Lamborn, the San Diego County deputy district attorney who would eventually prosecute Bogard as the Pacific Beach Rapist, “they found other footage of him peeking into women’s apartments through blinds. He had shots of a woman undressing, another woman having sex, and another of a woman sunbathing, focusing in tight on her crotch.”

In 1992, Bogard also was caught masturbating outside a coed’s apartment in the San Diego State area. The same neighborhood had been plagued previously by a flasher nicknamed Zorro, for the mask he habitually wore.

On a second occasion, police responding to a report of a masked man masturbating discovered Bogard in the vicinity with Vaseline on his hand. They later recovered a Zorro mask nearby.

“They detained him, but didn’t file a case because they didn’t actually see him masturbating,” says Lamborn.

The two incidents persuaded the police they should take a closer look at Bogard. In December, they obtained a court order to take tissue samples, which proved a match for the semen in the condom discarded near the front of Jane Phillips’s car in October, as well as other specimens recovered from the various Pacific Beach Rapist crime scenes.

Bogard was arrested in January 1994.

In all, Lamborn had DNA evidence that directly implicated
Bogard in only one of the assaults. Bogard vehemently denied all guilt. And after viewing Bogard in a lineup, only one of his victims, Dana Holly, was able to identify him as her attacker, and then only indirectly, by his voice.

There were no eyewitnesses to any of the assaults. What is more, there was no fingerprint evidence.

It was going to be an uphill prosecution, but for two key factors. One, the judge let in Bogard’s videotape, which the deputy district attorney was pleased to show the jury.

“The videotape clearly shows he was a pervert, and that of course was fifty percent of the battle in front of a jury,” says Lamborn.

Lamborn’s other weapon was Roy Hazelwood.

Lacking any solid eyewitness identifications, the prosecutor needed to tie the crimes together in a way the jury could follow. So as he prepared for trial, Lamborn contacted Hazelwood, who had just retired, and hired Roy to conduct a linkage analysis.

Bogard’s trial was held in May 1995, in San Diego’s seven-story county courthouse, a plain and architecturally undistinguished box erected downtown in the 1960s.

Inside superior court judge John Thompson’s windowless, fluorescent-lit third-floor courtroom, Hazelwood took the stand, turned to the jury, and began to testify. Dan Lamborn remembers he had little to do except to occasionally interject a question or ask for amplification.

“Roy,” says Lamborn, “was the star of the show.”

Hazelwood explained to the jury his rapist typology, the motivational roles of power and anger in rape, the difference between MO and ritual, and how, if enough behavioral evidence is available for him to study, he can say with expert assurance whether a single criminal or multiple offenders committed a given set of deviant crimes, such as serial rape.

Among the Pacific Beach Rapist cases he reviewed, Roy said, he believed the same man assaulted Iverson, Holly, Wilson, Mitchell, Caldwell, and Phillips. He said there was not
enough behavioral evidence to confidently link that offender to Tammy Watkins or to say with certainty that Molly Iverson’s second intruder was also her assailant.

“I noticed that all of the attacks were in the victims’ residences,” said Hazelwood. “And I noticed that each of the entries were made through an unlocked window or door.

“I noticed the offender was armed with a knife, a weapon of choice, and he brought it with him. He took the weapon with him when he left.

“He attempted to protect his identity by wearing a mask in each of the crimes. He took nothing at all with him.

“The two neighborhoods were very similar as to the age of their residents and the local socioeconomics, and they were within five or six miles of each other.”

Hazelwood noted all the crimes occurred late at night, and that the UNSUB endeavored in most of them to deny the police scientific evidence. Either he wiped himself when he was through or he used condoms.

“I then considered the ritualistic similarities,” Roy continued. “I looked for the theme running through these assaults.

“First, all the victims were white females from age eighteen to thirty-two, with an average age of twenty-five. He used the surprise approach in every instance, and there was no injurious force. He preselected the victims either through peeping in their windows or through surveillance.

“The method used for control was strikingly similar, too. He had a knife, but he primarily controlled his victims verbally.

“Then I looked at his reaction to resistance. Each of the victims did in fact resist. Two of them, I believe, screamed. Two of them jumped out of bed. According to their descriptions, even though he had a knife, he did not respond with violence.”

Roy next examined the UNSUB’s sexual behavior, pointing out the rapist’s insistence that the victims remove their own clothing, as well as the persistent fondling, kissing, rubbing, and cunnilingus he performed.

He was a power reassurance rapist, no doubt.

“The theme running through the sexual behavior was attempts to bring his fantasy of a consenting relationship to reality,” said Hazelwood.

Moving on to the UNSUB’s verbal behavior, “the theme was nonviolence,” Roy said. He added that the rapist tried in every case to reassure the woman she would not be hurt.

“Ms. Holly said, ‘He was very calm, almost trying to be nice.’ Ms. Wilson said, ‘He had a really nice kind of a sort of comforting tone.’ Ms. Phillips said, ‘He was almost loving in a way.’ ”

If Roy missed anything, the jurors apparently didn’t notice.

“His testimony was very useful,” says Lamborn. “In some of the cases we had the DNA evidence, but on one or two of them all we had was MO. Hazelwood could combine them all as a series.

“He had a nice, gentle approach to the jury that doesn’t try to overstate his testimony. He’s down to earth. When you listen to him you say, ‘That makes a lot of sense.’ And if it makes a lot of sense to a jury, they’ll retain it when they deliberate.”

Kenneth Bogard was found guilty on all counts, and then stood up in court to confess his guilt, calling himself a sex addict. He said he’d found God in jail while awaiting trial.

Kim Caldwell was having none of it.

“It’s over for you,” she said in the wood-paneled court. “This is your funeral. You’re dirty and perverted because you don’t accept or take responsibility for what has been determined to be your guilt. This is not your celebration today. This is my celebration.”

Judge John Thompson sentenced Bogard to ninety-six years in prison. He must serve half that time before being considered for parole.