The Best American Crime Reporting 2009 (11 page)

Read The Best American Crime Reporting 2009 Online

Authors: Jeffrey Toobin

Tags: #True Crime, #General

Even after her arrest, Jocelyn clung to her fictions as long as she could. In a holding cell, her mascara smeared from crying, she tucked her long locks into her collar and insisted it was her real hair—no way could she be the hair-extension thief. Police had to call in a stylist to fish around in her hair and confirm its fakeness, while Jocelyn sat stunned, her huge violet eyes open wide. It wasn’t until after her mug shot that she removed her colored contacts, revealing the brown irises underneath.

 

J
OCELYN AND
E
D’S TALE
could end only one way: with their parents bailing them out of jail. Despite prosecutors’ arguments that the pair posed a flight risk, Ed and Jocelyn were released into the custody of their families. Ed is now sulking in his childhood bedroom in Washington, while Jocelyn is holed up at her mom’s Marin County house. Their first court date is scheduled for May 12th. They hope to negotiate a plea deal.

Jail seems a certainty for the duo, given the laundry list of criminal charges, including identity theft, terroristic threats, conspiracy and unlawful use of a computer. If convicted on all counts, Ed and Jocelyn could face decades in prison. So far, the police have turned up five alleged victims, and estimate the crime spree at $100,000. But the investigation is expected to turn up more victims and money. And now that the FBI is looking into the case, federal charges loom on the horizon.

Today Jocelyn is semifamous—though, perhaps, not in the way she’d hoped. When she plunged through the reporters outside the courthouse, she pulled her hoodie over her face; Ed snuck out a
back door. Jocelyn’s friends, meanwhile, rushed to exact revenge on the woman who had been a source of fascination and resentment. One Drexel classmate put up a vitriolic Facebook page: “She goin’ to jaaail!” And they wasted no time trashing Jocelyn in the media. Chief among her detractors was Sallie Cook, who, moments after hearing of Jocelyn’s arrest, texted her, “How was jail?”

The only words from Jocelyn herself have been meek e-mails to her soldier-boyfriend, Thomas, apologizing for any embarrassment she caused. “From her tone, she’s hurting,” Thomas says. As for Ed, he can’t stop crying. “He’s disgusted with himself,” says Newton.

Still, someone as resourceful as Jocelyn could use this as a launching point, and parlay the whole episode into—who knows?—a nude magazine spread, maybe a reality-TV show. Jocelyn can dream. This is, after all, not just the land of second acts. It’s a land in which notoriety and celebrity are one and the same. Where, with a little ingenuity, a woman with looks, brains and a rap sheet can really cash in. And speaking of cashing in:

“Dr. Phil
is flying me out for a taping,” says Sallie Cook, taking a pull off her three-foot hookah. “The media coverage is insane.” She’s sitting in her Marlton, New Jersey, living room, her fifty-inch TV tuned to Jerry Springer while she looks through her trove of Jocelyn photos—all of which have suddenly become valuable. “Ugh, look at this one, what a slut!” she says.

Cook’s no dope; she’s hoping to turn this into something more tangible. “My agent’s telling me we can get, like, $5,000 a picture!” she says. “They can get me, like, fifty grand!” Her eyes twinkle at the prospect, and the sheer unending possibility of it all.

 

S
ABRINA
R
UBIN
E
RDELY
is a freelance journalist living in Philadelphia. She is a regular contributor to
Rolling Stone,
a contributing editor at
SELF,
and a writer-at-large at
Philadelphia
magazine; her work has also
appeared in
GQ, The New Yorker, Reader’s Digest,
and
Mother Jones.
She has earned many awards for her feature writing and reporting, including a National Magazine Award nomination. Her writing previously appeared in
Best American Crime Writing 2003.

Coda

This story had everything a reporter could want—a terrific narrative, a larger-than-life character, loads of sexy details—and was great fun to work on. But what drew me to this story was the commentary it offered on our times. Jocelyn and Ed’s lust for the high life spoke to America’s culture of runaway materialism, and to the perverse degree to which we feel validated by our purchases. Their sense of entitlement, and their dedication to living beyond their means, wasn’t far removed from the values so many of us shared by the close of the go-go free-market experiment of the Bush era. In some ways, Jocelyn and Ed’s caper was a last (criminal) hurrah for that gluttonous consumer culture, before we plunged into the current recession.

The feds took over “Bonnie and Clyde’s” case. Ed Anderton pleaded guilty and was sentenced to four years. He’d spent his time out on bail working as a landscaper, putting his earnings toward the restitution he now owes. In his appearance before the judge, Ed looked like a man still shocked at what he’d discovered himself capable of. I’m told Ed has cut off contact with Jocelyn, a rejection she finds crushing.

As for Jocelyn Kirsch, her story just got weirder—because, while out on bail and working as a Starbucks barista, she had continued in her theatrical, outrageous crimes. She was accused of stealing a coworker’s credit card, which she used for a spree at Ikea and a drugstore. The Marin County DA’s office charged Jocelyn with making a phony 911 call to report screams coming from her mom and stepdad’s house. One day Jocelyn strolled into
a local bike shop and asked to test-drive a two-thousand-dollar bicycle, leaving her car keys as collateral; she never returned, and naturally her keys didn’t open any cars in the lot.

By the time Jocelyn appeared in U.S. District Court in July 2008 to enter her guilty plea, she was already wearing a green prison uniform, having opted to start the clock on her eventual prison sentence. In a memo to the judge, her lawyer painted a picture of a damaged and mentally ill young woman coping with the aftermath of a difficult childhood—and revealed, among other things, the nauseating fact that Jocelyn’s breast-implant surgery had been performed by her own father. The judge ordered psychological treatment and sentenced Jocelyn to five years.

David Grann
T
RUE
C
RIME

FROM
The New Yorker

I
N THE SOUTHWEST CORNER OF
P
OLAND,
far from any town or city, the Oder River curls sharply, creating a tiny inlet. The banks are matted with wild grass and shrouded by towering pine and oak trees. The only people who regularly trek to the area are fishermen—the inlet teems with perch and pike and sun bass. On a cold December day in 2000, three friends were casting there when one of them noticed something floating by the shore. At first, he thought it was a log, but as he drew closer he saw what looked like hair. The fisherman shouted to one of his friends, who poked the object with his rod. It was a dead body.

The fishermen called the police, who carefully removed the corpse of a man from the water. A noose was around his neck, and his hands were bound behind his back. Part of the rope, which appeared to have been cut with a knife, had once connected his hands to his neck, binding the man in a backward cradle, an excruciating position—the slightest wiggle would have caused the noose to tighten further. There was no doubt that the man had
been murdered. His body was clothed in only a sweat-shirt and underwear, and it bore marks of torture. A pathologist determined that the victim had virtually no food in his intestines, which indicated that he had been starved for several days before he was killed. Initially, the police thought that he had been strangled and then dumped in the river, but an examination of fluids in his lungs revealed signs of drowning, which meant that he was probably still alive when he was dropped into the water.

The victim—tall, with long dark hair and blue eyes—seemed to match the description of a thirty-five-year-old businessman named Dariusz Janiszewski, who had lived in the city of Wroclaw, sixty miles away, and who had been reported missing by his wife nearly four weeks earlier; he had last been seen on November 13th, leaving the small advertising firm that he owned, in downtown Wroclaw. When the police summoned Janiszewski’s wife to see if she could identify the body, she was too distraught to look, and so Janiszewski’s mother did instead. She immediately recognized her son’s flowing hair and the birthmark on his chest.

The police launched a major investigation. Scuba divers plunged into the frigid river, looking for evidence. Forensic specialists combed the forest. Dozens of associates were questioned, and Janiszewski’s business records were examined. Nothing of note was found. Although Janiszewski and his wife, who had wed eight years earlier, had a brief period of trouble in their marriage, they had since reconciled and were about to adopt a child. He had no apparent debts or enemies, and no criminal record. Witnesses described him as a gentle man, an amateur guitarist who composed music for his rock band. “He was not the kind of person who would provoke fights,” his wife said. “He wouldn’t harm anybody.”

After six months, the investigation was dropped, because of “an inability to find the perpetrator or perpetrators,” as the pros
ecutor put it in his report. Janiszewski’s family hung a cross on an oak tree near where the body was found—one of the few reminders of what the Polish press dubbed “the perfect crime.”

 

O
NE AFTERNOON IN THE FALL OF
2003, Jacek Wroblewski, a thirty-eight-year-old detective in the Wroclaw police department, unlocked the safe in his office, where he stored his files, and removed a folder marked “Janiszewski.” It was getting late, and most members of the department would soon be heading home, their thick wooden doors clapping shut, one after the other, in the long stone corridor of the fortresslike building, which the Germans had built in the early twentieth century, when Wroclaw was still part of Germany. (The building has underground tunnels leading to the jail and the courthouse, across the street.) Wroblewski, who preferred to work late at night, kept by his desk a coffeepot and a small refrigerator; that was about all he could squeeze into the cell-like room, which was decorated with wall-sized maps of Poland and with calendars of scantily clad women, which he took down when he had official visitors.

The Janiszewski case was three years old, and had been handed over to Wroblewski’s unit by the local police who had conducted the original investigation. The unsolved murder was the coldest of cold cases, and Wroblewski was drawn to it. He was a tall, lumbering man with a pink, fleshy face and a burgeoning paunch. He wore ordinary slacks and a shirt to work, instead of a uniform, and there was a simplicity to his appearance, which he used to his advantage: people trusted him because they thought that they had no reason to fear him. Even his superiors joked that his cases must somehow solve themselves. “Jacek” is “Jack” in English, and
wróbel
means “sparrow,” and so his colleagues called him Jack Sparrow—the name of the Johnny Depp character in “Pirates of the Caribbean.” Wroblewski liked to say in response, “I’m more of an
eagle.”

After Wroblewski graduated from high school, in 1984, he began searching for his “purpose in life,” as he put it, working variously as a municipal clerk, a locksmith, a soldier, an aircraft mechanic, and, in defiance of the Communist government, a union organizer allied with Solidarity. In 1994, five years after the Communist regime collapsed, he joined the newly refashioned police force. Salaries for police officers in Poland were, and remain, dismal—a rookie earns only a few thousand dollars a year—and Wroblewski had a wife and two children to support. Still, he had finally found a position that suited him. A man with a stark Catholic vision of good and evil, he relished chasing criminals, and after putting away his first murderer he hung a pair of goat horns on his office wall, to symbolize the capture of his prey. During his few free hours, he studied psychology at a local university: he wanted to understand the criminal mind.

Wroblewski had heard about the murder of Janiszewski, but he was unfamiliar with the details, and he sat down at his desk to review the file. He knew that, in cold cases, the key to solving the crime is often an overlooked clue buried in the original file. He studied the pathologist’s report and the photographs of the crime scene. The level of brutality, Wroblewski thought, suggested that the perpetrator, or perpetrators, had a deep grievance against Janiszewski. Moreover, the virtual absence of clothing on Janiszewski’s battered body indicated that he had been stripped, in an attempt to humiliate him. (There was no evidence of sexual abuse.) According to Janiszewski’s wife, her husband always carried credit cards, but they had not been used after the crime—another indication that this was no mere robbery.

Wroblewski read the various statements that had been given to the local police. The most revealing was from Janiszewski’s mother, who had worked as a bookkeeper in his advertising firm. On the day that her son disappeared, she stated, a man had called the office at around 9:30
A.M.,
looking for him. The caller made
an urgent request. “Could you make three signs, quite big ones, and the third one as big as a billboard?” he asked. When she inquired further, he said, “I will not talk to you about this,” demanding again to speak to her son. She explained that he was out of the office, but she gave the caller Janiszewski’s cell-phone number. The man hung up. He had not identified himself, and Janiszewski’s mother had not recognized his voice, though she thought that he sounded “professional.” During the conversation, she had heard noise in the background, a dull roar. Later, when her son showed up at the office, she asked him if the customer had called, and Janiszewski replied that they had arranged to meet that afternoon. According to a receptionist in the building, who was the last known person to see Janiszewski alive, he departed the office at around four o’clock. He left his car, a Peugeot, in the parking lot, which his family said was very unusual: although he often met with customers away from the office, he habitually took his car.

Investigators, upon checking phone records, discovered that the call to Janiszewski’s office had come from a phone booth down the street—this explained the background noise, Wroblewski thought. Records also indicated that, less than a minute after the call ended, someone at the same public phone had rung Janiszewski’s cell phone. Though the calls were suspicious, Wroblewski could not be certain that the caller was a perpetrator, just as he could not yet say how many assailants were involved in the crime. Janiszewski was more than six feet tall and weighed some two hundred pounds, and tying him up and disposing of his body may have required accomplices. The receptionist reported that when Janiszewski left the office, she had seen two men seemingly trailing him, though she could not describe them in any detail. Whoever was behind the abduction, Wroblewski thought, had been extremely organized and shrewd. The mastermind—Wroblewski assumed it was a man, based on the caller’s voice—must have studied Janiszewski’s business routine and known how to lure
him out of his office and, possibly, into a car.

Wroblewski pored over the materials, trying to find something more, yet he remained stymied. After several hours, he locked the file in his safe, but over the next several days and nights he took it out again and again. At one point, he realized that Janiszewski’s cell phone had never been found. Wroblewski decided to see if the phone could be traced—an unlikely possibility. Poland lagged behind other European countries in technological development, and its financially strapped police force was only beginning to adopt more sophisticated methods of tracking cellular and computer communications. Nevertheless, Wroblewski had taken a keen interest in these new techniques, and he began an elaborate search, with the help of the department’s recently hired telecommunications specialist. Although Janiszewski’s telephone number had not been used since his disappearance, Wroblewski knew that cell phones often bear a serial number from the manufacturer, and his men contacted Janiszewski’s wife, who provided a receipt containing this information. To Wroblewski’s astonishment, he and his colleague soon found a match: a cell phone with the same serial number had been sold on Allegro, an Internet auction site, four days after Janiszewski disappeared. The seller had logged in as ChrisB[7], who, investigators learned, was a thirty-year-old Polish intellectual named Krystian Bala.

It seemed inconceivable that a murderer who had orchestrated such a well-planned crime would have sold the victim’s cell phone on an Internet auction site. Bala, Wroblewski realized, could have obtained it from someone else, or purchased it at a pawnshop, or even found it on the street. Bala had since moved abroad, and could not be easily reached, but as Wroblewski checked into his background he discovered that he had recently published a novel called “Amok.” Wroblewski obtained a copy, which had on the cover a surreal image of a goat—an ancient symbol of the Devil. Like the works of the French novelist Michel Houellebecq, the book is sadistic, pornographic, and creepy. The main character,
who narrates the story, is a bored Polish intellectual who, when not musing about philosophy, is drinking and having sex with women.

Wroblewski, who read mostly history books, was shocked by the novel’s contents, which were not only decadent but vehemently anti-Church. He made note of the fact that the narrator murders a female lover for no reason (“What had come over me? What the hell did I do?”) and conceals the act so well that he is never caught. Wroblewski was struck, in particular, by the killer’s method: “I tightened the noose around her neck.” Wroblewski then noticed something else: the killer’s name is Chris, the English version of the author’s first name. It was also the name that Krystian Bala had posted on the Internet auction site. Wroblewski began to read the book more closely—a hardened cop turned literary detective.

 

F
OUR YEARS EARLIER,
in the spring of 1999, Krystian Bala sat in a café in Wroclaw, wearing a three-piece suit. He was going to be filmed for a documentary called “Young Money,” about the new generation of businessmen in the suddenly freewheeling Polish capitalist system. Bala, who was then twenty-six, had been chosen for the documentary because he had started an industrial cleaning business that used advanced machinery from the United States. Though Bala had dressed up for the occasion, he looked more like a brooding poet than like a businessman. He had dark, ruminative eyes and thick curly brown hair. Slender and sensitive-looking, he was so handsome that his friends had nicknamed him Amour. He chain-smoked and spoke like a professor of philosophy, which is what he had trained, and still hoped, to become. “I don’t feel like a businessman,” Bala later told the interviewer, adding that he had always “dreamed of an academic career.”

He had been the equivalent of high-school valedictorian and, as an undergraduate at the University of Wroclaw, which he attended from 1992 to 1997, he was considered one of the bright
est philosophy students. The night before an exam, while other students were cramming, he often stayed out drinking and carousing, only to show up the next morning, dishevelled and hung over, and score the highest marks. “One time, I went out with him and nearly died taking the exam,” his close friend and former classmate Lotar Rasinski, who now teaches philosophy at another university in Wroclaw, recalls. Beata Sierocka, who was one of Bala’s philosophy professors, says that he had a voracious appetite for learning and an “inquisitive, rebellious mind.”

Bala, who often stayed with his parents in Chojnow, a provincial town outside Wroclaw, began bringing home stacks of philosophy books, lining the hallways and filling the basement. Poland’s philosophy departments had long been dominated by Marxism, which, like liberalism, is rooted in Enlightenment notions of reason and in the pursuit of universal truths. Bala, however, was drawn to the radical arguments of Ludwig Wittgenstein, who maintained that language, like a game of chess, is essentially a social activity. Bala often referred to Wittgenstein as “my master.” He also seized on Friedrich Nietzsche’s notorious contention that “there are no facts, only interpretations” and that “truths are illusions which we have forgotten are illusions.”

For Bala, such subversive ideas made particular sense after the collapse of the Soviet Empire, where language and facts had been wildly manipulated to create a false sense of history. “The end of Communism marked the death of one of the great meta-narratives,” Bala later told me, paraphrasing the post-modernist Jean-François Lyotard. Bala once wrote in an e-mail to a friend, “Read Wittgenstein and Nietzsche! Twenty times each!”

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