Windows

METHOD OF ENTRY/BROKEN WINDOW

Closing argument of prosecutor David Tellman to the jury.

• CalDOJ criminalist, Lou Maucieri was not honest in his 2008 trial testimonythe proof is in his own field notes and reports from 1982. At the rear of the Kovacich home, in a hidden area behind a retaining wall and under the deck, the dining room had a large three piece picture window, with sliding screened portions on each side of a fixed center. 

• Someone had broken the lower corner portion of the glass on one of the sliding sections (near the lock), presumably while prying it open to enter the house. The intruder replaced the screen when he left, making the damage difficult to see.

• Tellman knew that two CalDOJ photographers had been at the scene, and taken photos of the broken window, and the pried screensbut he refused to turn the photos over to the defense, despite several written demands. The jury never saw the broken window, and were left believing that the forced entry never existed.

•The focus on Paul introduced bias into Maucieri's work, and explained his failure to follow the field manual that he himself wrote

• Maucieri did not collect the broken glass, window, screens, or even fingerprints from the itemsin violation of his own procedures. 

• A review of the transcript of Maucieri's taped notes from the scene, his edited copy, and his final report shows how he changed his opinion of the broken window after APD Boon and PCSO Smith told him to focus on evidence that pointed to Paul Kovacich, and away from a stranger abduction. 

Dictation Version - September 14, 1982

Edited  Draft Version - September 17, 1982

Final Version - September 20, 1982

• DeAngelo’s window entry method, and his marking of aluminum window screens were listed as one of the most unique and consisten MO points for the EAR. Maucieri’s residence was five blocks from the EAR attack on May 28, 1977, and he became the Supervisor of the Sacramento field laboratory in 1975. In that position, he was supervising and training the criminalists who responded to the EAR scenes in the cities of Sacramento, Davis, Stockton, and in Contra Costa County. 

There is no way that Maucieri failed to recognize the EAR MO when he saw the broken window at Forest Court. Unfortunately he felt that his job was to “help” law enforcement make their case, and he did not follow the evidence. 

• Operating as the “East Area Rapist,” Auburn PD Officer DeAngelo was noted to be well-skilled at forced entry into victim’s residences.

FBI True ( S2:Ep. 9 ), FBI Analyst Julia Cowley and Orange County cold case Investigator Larry Pool: 

Julia:  “There was also evidence he was very good at entering homes.” 

Larry: “Through either prying a regular door, a sliding door, removing screens from windows, prying windows, opening windows.”

One of the most common techniques he employed to enter an otherwise secure home was to remove the window screen, make a small hole in a window near the latch, and then insert a tool to flip the latch. 

In the course of more than fifty case files, this specific technique of the EAR was very well documented, including  photographs.

This is how Contra Costa Investigator Larry Crompton described the window entry technique on an EAR attack in Concord in October 1978:

At each window, the scratches were left on the aluminum screens. He approached the living room window and pried the screen off, leaning it against the side of the house. A gloved hand placed the tip of a screwdriver against the glass, near the lock. He hit the end of the handle, breaking a small hole in the glass—big enough to reach in and unlock the sliding glass window. He slid in through the open window, closing it behind him, making sure it remained unlocked. Silently, he moved throughout the house, then unlocked the deadbolt on the front door. He left then, closing the door behind him. Once again he entered the backyard and carefully replaced the screen to the living room window.

EAR Attack :  10/7/78 

Belann Court, Concord, CA

Written Reports of Concord P.D. 

EAR Attack :  December 2, 1978 

Kesey Lane – San Jose, CA

Written Reports of San Jose P.D. 

EAR Attack :  March 8, 1977 

Thornwood Drive – Sacramento, CA

Written Reports of Sacramento Sheriff's Department 

EAR Attack :  October 29, 1977 

Woodson Ave – Sacramento, CA

Written Reports of Sacramento Sheriff's Department 

Here is Crompton’s summary of this attack from Sudden Terror :

He pried, and a small piece of glass broke free near the latch, enough to unlock the window. He went directly to the master bedroom and unlocked the sliding glass door. He opened the nightstand drawer and removed the .357 magnum Colt Trooper revolver, opened the cylinder, and removed the six cartridges. He placed the gun back into its hiding place and silently exited, carefully closing the unlocked sliding glass door. He returned to the broken window and replaced the screen.

EAR Attack :  November 10, 1976 

Greenleaf Drive – Sacramento, CA

Written Reports of Sacramento Sheriff's Department 

This is how EAR Task Force member Paul Holes described the EAR’s window entry technique in the November 10, 1976 kidnapping:

In this case, what’s striking is the sophistication of how he broke in. It looks like he tried the side door. He comes out front. There’s a window on the dining room. He punches out a small hole in the window so he can push the latch and then gets in that way. Was he good? He was good.

and, SSD Inspector Richard Shelby’s description of the same event:

Entry into the home was gained by first breaking a small corner of window glass. Then bending the window pane back just far enough to reach in, he flipped open the lock. How he managed to break just a small corner of glass, without breaking the whole window, is another mystery.

ADDITIONAL CASES:

EAR Attack :  5/14/77 

Merlindale Drive – Citrus Heights, CA

Written Reports of Sacramento Sheriff's Department 

ADDITIONAL CASES:

EAR Attack :  12/3/77 

Revelstok Drive – Sacramento (Hillsdale), CA

Written Reports of Sacramento Sheriff's Department 

•This same victim appears to have been stalked for an extended period. On July 30, 1976,  while she was taking care of the neighbors house while they were away for the weekend, the neighbors home was entered and suffered an extensive ransack burglary. 

• The police report of that incident revealed the same method of entry through a broken aluminum frame window, and exit through a sliding glass door. 

• These events were more than sixteen months apart from each other.