The Executioner's Song (40 page)

                Nevertheless, Nielsen wasn't forgetting the Supreme Court decision on the Williams case. A ten-year-old girl in Iowa had been raped and murdered by a mental patient named Williams, who had been picked up in Des Moines and taken back to the place where he was to be charged. Williams's attorney in Des Moines told the detectives transporting him, "Don't question him out of my presence," then told his client, "Don't make any statements to policemen." All the same, on the way back, one of the detectives accompanying the suspect started playing Williams on his Christian side. The old boy was deeply religious and so the detective said, "Here we are, just a few days before Christmas, and the family of that little girl doesn't know where the body is. It sure would be nice if we could find the body and give the little girl a good Christian burial before Christmas. The family could at least have that much peace." He went on in such a low-key way that the old guy finally told them where the corpse could be found, and got convicted. The Supreme Court, however, had just overruled. They said once a guy has an attorney, the police could not interview him without permission.

Yet here he was, talking to Gilmore while his attorneys were not aware of it. Still, a couple of technicalities could be argued. Gilmore had already, out on the road, in Nielsen's presence, been read his Miranda rights. Also, the attorneys had been appointed for the Provo case, not for Orem. He might still be, therefore, on legal ground. Besides, the key thing was not to get a confession but a conviction.

                What would be good about a confession, even if they couldn't use it, was that it would produce information they could then employ to dig up further evidence against the guy, and get a good solid case. If they never used the confession in Court, they would have no trouble with the Miranda.

                Besides, it would be good for morale. Once the police knew their man was guilty, they could feel more incentive to keep plugging hard on detail work. It would also avoid any power conflict with officers who wanted to work other leads. The confession would integrate the case, make it a psychological success.

                They went through the cycle again. Nielsen talked about the Church of Jesus Christ of the Latter-Day Saints and what his kids contributed on family night each week. Gilmore was interested in the details, and mentioned again that not only was his mother a Mormon, but all of her folks, and he talked about his father who had been a Catholic and drank like hell, and they stayed off the real subject as if they had earned a rest. .

                Then they would get back to it. Nielsen would ask one, then a couple of questions. So soon as Gilmore began to assume a pose that said, "No more questions," Nielsen would talk of other things.

       Jensen's coin changer had been missing from the service station and the police had spent much of yesterday going through garbage at the Holiday Inn with no results. Casually, Nielsen now asked about that. Gilmore stared at him for a long time, as if to say, "I don't know whether to answer you or not. I don't know if I can trust you." Finally he muttered, "I really don't remember. I threw it out the window of the truck, but I can't recollect if it was in the drive-in or on the road." He paused as if searching into his recollection of a movie and he said, "I honestly don't remember. It could have been at the drive-in."

                "Would April know?" Nielsen asked.

                "Don't worry about April," Gilmore said. "She didn't see a thing." He shook his head. "For all practical purposes, she wasn't there."

                When Nielsen began to wonder whether April had any idea of the murder, Gary repeated, "Don't worry, she didn't see a thing. In her head, that little girl was never there."

       He gave a turn to his mouth that was almost a smile. "You know," he said, "If I'd been thinking as straight the last couple of nights as I am today, you guys would not have caught me. When I was a kid I used to pull off robberies . . . " He had a look on his face like a pimp bragging of the number of women who worked for him over the years. "I guess," he said, "I must have pulled off fifty or seventy, maybe even a hundred successful robberies. I knew how to plan something and do it right."

                Nielsen then asked him if he would have gone on killing, if he hadn't been caught. Gilmore nodded. He thought he probably would have. He sat there for a minute and looked amazed. Not amazed, but certainly surprised, and said, "God, I don't know what the hell I'm doing. I've never confessed to a cop before." Nielsen thought he probably hadn't. His record was certainly hard-core all the way. Egotistically speaking, Nielsen felt bolstered. He had gotten a confession out of a hard-core criminal.

                "How many guns did you steal?" Nielsen asked. "Nine," Gilmore told him. "Where did they come from?" "Spanish Fork." "Then we've recovered all but three." That left three unaccounted for. Where might they be? "They're gone," said Gilmore. Nielsen didn't bother to follow up. The way Gilmore said that made it obvious they had been sold, and he would never tell who he sold them to. "I'm responsible," said Gilmore. "Don't blame other people."

                Then he asked, "Did Nicole tell you about her gun?" "No," Nielsen said, "I asked her." Gary said, "I don't want her to get in any trouble about those guns." Nielsen assured him.

                Nielsen tried to get a few more facts about the homicides themselves. Gilmore would give details up to the point where he entered the service station and then he would talk of everything after he left. But he did not wish to describe the crime itself.

                Nielsen was trying to determine what went on during the act.

                Gilmore had asked Jensen to lie on the floor. He must then have told him to put his arms beneath his body. No one would ever be found lying face down in such an uncomfortable position of their choice. Next Gilmore had fired the shots right into Jensen's head. First with the pistol two inches away, then with the pistol touching. It was the surest way to kill a man and cause him no suffering. On the other hand, ordering those arms to stay under the body was the surest way to be certain the victim didn't grab your leg as you were putting the muzzle to his head. He could not, however, get Gilmore to talk about this.

                "Why'd you do it, Gary?" Nielsen asked again quietly.

                "I don't know," Gary said.

                "Are you sure?"

                "I'm not going to talk about that," Gilmore said. He shook his head delicately, and looked at Nielsen, and said, "I can't keep up with life."

                Then he asked, "What do you think they'll do to me?"

                Nielsen said, "I don't know. It is very serious."

                "I'd like to be able to talk to Nicole," Gilmore said. "I've been looking for her and I'd really like to talk to her."

                "Hey," Nielsen said, "I'll do anything I can to get her here." They shook hands.

About five o'clock that afternoon, while Nielsen was talking to Gary, April came home. She had heard about the murders on the radio and said it wasn't true. Gary hadn't done it. She also said she wasn't going to no police station.

                Charley Baker had come in from Toelle when Kathryne phoned to say April was missing. Now, so soon as April saw them together, she got hostile and began shouting that if they tried to take her to the police station by force she would call on her protection to stop them.

                Then, all of a sudden, she seemed to give in. Said she would go.

                Now, Kathryne did not want to bring April over on her own. Didn't know if the child would open the door of the car and jump out.

                So she begged Charley to come along, but he was hesitant. Said, "If she changes her mind even halfway over, then to hell with them. Turn around and bring her back." No way did he want to go.

July 21, 1976

NIELSEN  What time did he get gas?

APRIL        When we were at the service station in Pleasant Grove.

NIELSEN  Was it after dark?

APRIL        It was dark, it was past sundown.

NIELSEN  After that did you drive around for a while?

APRIL        He said he was taking me home and he wasn't going to put up with any of my smart-ass crap telling him where to go and he said he wanted a classy place like the Holiday Inn, so we went there and I was going to go to sleep because I was really tired. I didn't really know why, I felt like I was running from somebody—ever since somebody broke the windows in our bathroom at home, and I can't really sleep well since then.

NIELSEN  And then you stayed there for that night until what time the next morning?

APRIL       About 8:30 or 9:00.

NIELSEN  I don't mean to imply anything or to pry into your personal life, but did you sleep with him that night?

APRIL       I almost did, but I changed my mind.

NIELSEN Did he get mad at you then?

APRIL       He was mad at me for acting like a kid half the time, but I just lost my love for him, only I never did sleep with him or anything.

NIELSEN Did you tell your mom that?

APRIL       She didn't ask me because she knows I have my private life and if I wanted to blow it, I could . . .

NIELSEN April, Gary is in very serious trouble. I know that, I have talked to him about it and there is no question about it. He already told me you were with him at the time and so I know that you know about it. I am not interested in you telling me so that I can charge you. I don't intend to charge you with it, but I do intend to see that you tell the truth.

APRIL      I am a split personality. I am controlling it pretty good today. A lot of time I like to just let go and let the other person creep on out . . .

NIELSEN  Where did you go last night, when you left home?

APRIL        I went riding around with a couple of friends.

NIELSEN  Did they know him?

APRIL        No.

NIELSEN  Do you mind telling me who they were?

APRIL       One is Grant and one is Joe.

NIELSEN  Where did you stay last night?

APRIL        I didn't sleep all night, rode to Wyoming, and just went in the mountains and down this road and came home.

NIELSEN  What time did you get home?

APRIL    4:30 or 5:00.

NIELSEN   Don't you worry about your mom worrying about you?

APRIL        I don't think she worries about me. I'm not afraid of no guns and I am not afraid of no dudes with knives. They don't scare me. I have learned self-defense.

NIELSEN   I want to ask you one more time about the service station. April, I think it would be best if you tell me what you know.

APRIL        I don't remember the service station in Orem.

NIELSEN  Do you remember seeing him pull a gun at the service station?

APRIL       We went into a service station right before we went to the Holiday Inn and I am sure there were no guns attached. They may have been carrying them, but that's all.

NIELSEN  Who are "they"?

APRIL        Any of the dudes that were around.

NIELSEN  Do you know any of them?

APRIL       I recognize all of them, but I don't know some of their names. One of them works with him at the insulation place.

NIELSEN  Insulation?

APRIL       Where he works at the Ideal Insulation. I am pretty sure it was the friend we visited.

NIELSEN  At the cafe?

APRIL        It may not have been.

NIELSEN   Are you about ready to go back home?

APRIL        Yes. I am wondering why I am here.

NIELSEN  I will be glad to help you if I can.

When April came out of the interview, she said, "Mama, they told me Gary killed two men. Do you believe that?"

                Kathryne said, "Well, April, I guess he must have."

                "Gary couldn't kill someone, Mama."

                "Well, April," Kathryne said, "I think Gary told them he did."

Chapter 18

AN ACT OF CONTRITION

Next morning, Gilmore was brought from Provo to Orem, and Nielsen saw him in his office, and apologized about the crowd outside. There were TV lights and a lot of reporters and city employees in the hall, but what really embarrassed Nielsen was that half the police force including off-duty officers had also come out. People were even standing on chairs to get a look.

                Nielsen had his secretary bring a cup of coffee. Then he said "Lieutenant Skinner is going to sign a complaint charging you with the homicide of Max Jensen." After a short pause, Gary said, "Hey, I really feel bad about those two guys. I read one of their obituaries in the paper last night. He was a young man and had a kid and he was a missionary. Makes me really feel bad."

                "Gary, I feel bad too. I can't understand taking a life for amount of money you got."