Episode Transcript
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Speaker 1 (00:03):
This is part six of
the case of Elizabeth Condon.
Let's begin.
While the police in Coloradowere waiting for the return of
Roger and Marjorie, they havebeen celebrating the 4th of July
weekend in the Twin Cities.
(00:24):
They had taken rooms at theHoliday Inn Airport South in
Bloomington, a suburb ofMinneapolis, and spent part of
Saturday and Sunday with theirfriend Joy O'Toole.
Marjorie's children and theO'Toole children have skated and
competed together, and theparents have often seen one
another at early morningpractices.
(00:47):
On Saturday, july 2, roger andMarjorie arrive at O'Toole's
house in St Paul after lunch thecouple told her that Rick was
out of town with his brotherStephen, and O'Toole had never
made Marjorie's second husbandbefore, and she asked Roger
about his jobs and how.
He and Roger Coward said thathe was unemployed at the moment
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and for the remainder of thevisit he kept quiet and the
impression that Mrs O'Toole hadabout Roger was that he seemed
like someone Marjorie couldeasily overpower.
Or perhaps he was simply anopportunist marrying Marjorie
for her family's wealth.
Since she hadn't seen herfriend in six years, o'toole
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suggested the couple have dinnerwith her the next night.
The following evening theCowards returned to O'Toole's
house, this time joined byO'Toole's ex-husband, richard
Roger, gave Richard theimpression of someone who liked
to impress people.
Roger bragged that he swam inthe 1948 Olympics, supposedly
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competing in events that didn'texist at the time.
Roger also bragged about owningmany pairs of Western boots,
including a pair that was worth$280.
And Marjorie was telling theO'Toole that Roger had a
perforated ulcer and hadrecently had surgery so he
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couldn't drink any alcohol.
She told the O'Toole that shecould not cook it with wine
because of Roger's condition andhad to boil any food that
contained traces of alcohol.
When Roger excused himselfseveral times while watching
television with Richard, no onegave it a second thought.
So Roger spoke much more on thesecond visit and at one point
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he asked his hosts if there wasanything in the paper about
grandma.
So the O'Toole assumed that hemeant Marjorie's mother.
Roger mentioned thegruesomeness of the killings and
wondered aloud if thenewspapers had any information,
and Mrs O'Toole told them thatit didn't.
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In that visit Marjorie alsotalked with Joy O'Toole about
Elizabeth's death and she alsotold her that she and Roger
planned to go house hunting theweekend preceding the murders.
Marjorie had been at thelaundromat when she heard the
bad news and Roger had gone outfor a bottle of pop.
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The cowwolves told the O'Toolesthey had a ranch property they
were going to build on in CastleRock, colorado.
Roger had big plans for theirnew home.
The Rodmore Hotel had giraffesfor sale so he thought that it
would be nice to have a few onthe ranch.
Afterward Roger and Richardremained upstairs talking while
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Marjorie and Joy went downstairsto the rec room to talk.
And later that evening the twowomen heard pacing overhead and
they went upstairs toinvestigate and they were
greeted by silence.
When Marjorie and Joy foundRoger, joy asked where her ex
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had gone and he said well, wehave an argument.
And he left.
So later that night Marjoriecalled Joy into the kitchen and
show her a partially emptybottle at Vodka.
The bottle had been full at thestart of the evening.
That explained Roger's frequenttrips away from the television.
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Susan Leroy, peter's wife, tookher children to see their
grandmother at the holiday inthat weekend.
But she had another reason forseeing Marjorie.
Peter had to change their phonenumber because of frequent
calls from bill collectors.
Susan spoke with Marjorie abouther financial problems and the
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effects on the rest of thefamily, and when she told her
that the conversation got heated.
Marjorie claimed that theCondon trustees had denied funds
for Rick's medical expenses,that Rick had almost died in
Colorado from his asthma.
Now Susan didn't buy hermother-in-law's dramatic
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assertions.
She looked directly intoMarjorie's eyes and told her
angrily that she had talked toRick days earlier about his
asthma and he had told her hehad never felt better.
Susan then confronted Marjorieabout taking money from the
other Leroy children's insurancepolicies.
Marjorie admitted that she hadtaken the money but said she had
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used all of it to pay forRick's doctor bills.
Then, finally, susan toldMarjorie the arguing could go on
all day and walked out of thehotel room, slamming the door
behind her.
She phoned her husband and toldhim to come get her and the
children.
After Peter arrived at theHoliday Inn, roger encouraged
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him to meet with Marjorie.
Peter finally agreed, but whenRoger went up to the room to
talk with Marjorie, she refusedto come down and see her son.
Half an hour later he returnedwithout her.
Roger explained that she hadfallen asleep, severely upset
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from her argument with Susan,and Marjorie had taken 20 or 25
volume.
Peter considered his mother'ssecond husband a bum.
Marjorie had talked about nothaving a job, receiving $90 in
unemployment check.
As for his mother, peter latersaid he didn't get along with
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her because her chronic lineruined the Leroy name and she
had also stifled her own son for$800 when she moved to Colorado
.
The day before she left she hadgone to his house looking for
cash for the trip.
So, livery of giving his mothermoney, peter went to the bank,
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got a $400 certified check and$400 in cash.
He gave Marjorie the $800 inexchange for a personal check.
The next day Peter learned thatthe check was worthless.
On Monday, july 4th, duluthPolice had determined where the
cowards were staying.
Green and Yagoda returned tothe Twin Cities on Tuesday, july
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5th to pay the cowwolves avisit at the Holiday Inn.
The cowards were scheduled todepart for Denver on Western
Airlines Flight 417 thatafternoon.
But first the detectives wentto the airport with another
photo lineup.
The new set included RogersMuckshot from his DWI arrest in
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January 1977, when he hadassaulted Rick.
The detectives hoped the morerecent photo would help the
airport gift shop employees makea more positive identification.
First, sergeant Yagoda spreadthe five photographs out on a
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table in front of a swattsbauerand she immediately reached for
Rogers Muckshot and confidentlyidentified him as the man that
was in the gift shop.
Detectives Yagoda and Greenasked her to sit down and tell
them if she was absolutelypositive.
When pressed she backed off abit and said well, it sure looks
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like him.
But after several more minutesof questions Swattsbauer's
recall became less certain.
She now said that she wasn'tsure about the man in the photo,
and the man in the gift shophad worn glasses.
But the detectives believedSwattsbauer had simply become
overwhelmed by all the photosand questions and in their
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experience a night witness'sinitial impression was often the
most accurate.
Next Green and Yagoda showedthe line up to Kelly.
Her recall was less certainthan Swattsbauer.
The detectives noted in thereport that Swattsbauer
initially recognized Cowell'sphoto, but the two men blamed
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themselves for her waveringidentification.
By trying to nail down apositive identification they had
planted doubts in her mind andtherefore she could no longer be
their best eyewitness.
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Karen Mueller served a lot ofbusiness types and her ship at
the Holiday Inn Airport wasbetween 6.30 am to 2 pm On
Tuesday July 5th.
She had been working about anhour and a half when Roger, whom
she recognized from serving theday before, came in.
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Mrs Mueller poured him a cup ofcoffee and he ordered an omelet
with cheese, onion and greenpeppers.
Roger read the newspaper untilMueller returned with his omelet
.
Marjorie soon joined him andordered a breakfast steak.
Minutes later, when Muellerbrought the steak to the table,
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she noticed Roger sat with headslumped and eyes closed through,
though neither he nor Marjoriesaid anything.
By the time she dropped off thecheck, roger's face had turned
white and his breathing waslabored, and he looked in pain.
Marjorie told Mrs Mueller, myhusband suddenly became
violently ill.
I think it was the ex.
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She volunteered to call thehospital and Marjorie said well,
he'll be alright.
It was just something about theex that didn't agree with him
and she told Roger you better goto the men's room.
But he couldn't get up on hisown, so Mueller flagged down a
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hotel desk clerk for help.
The clerk helped Roger to hisfeet, guided him to the men's
room where he leaned on thecounter.
His shirt was soaked with sweat.
Roger asked to go someplacecooler, so the clerk sat him
down in a chair in the mainlobby and brought him several
cold, damp towels and a glass oficed tea.
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Marjorie continued to eat herbreakfast while the hotel staff
attended to Roger.
She again commented to Muellerthat in the other waitresses it
was probably the ex and that herhusband had blacked out earlier
while sitting at the table Morelikely was brought on by
drinking while on, an abusewhich Marjorie would admit later
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that day.
While Roger's reactioncontinued, marjorie got up, left
the restaurant.
Mueller last saw her when shereturned briefly to sign the
receipt.
Shortly before noon on Tuesdaysergeants to Goh Dan Green
pulled up to the holiday inAirport South.
Their plans to interview theCowards quickly fell apart when
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the desk clerk told them thatRoger had been rushed to the
hospital by ambulance thatmorning.
He had collapsed in the hotelelevator and was in intensive
care at nearby MethodistHospital.
The detectives decided tosearch the Cowards hotel room.
They hoped to find ElizabethStolling Jewelry, the Suede
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Garment Bag and any airlinereceipts.
Just past 7pm Lomanton Policeofficers met Green and Jagoda.
There were also two deputiesfrom the Hennepin County Crime
Lab.
They went with Warrens in handto the hotel.
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As officers entered room 307,they noticed clothes covered the
near bed as though someone hadstarted packing A wicker case
stack on two of two suitcases bythe wall nearest the door
caught their attention.
It looked like a smallerversion of the case.
Police had recovered just daysbefore, from Elizabeth's bedroom
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closet there was a SuedeGarment Bag that was on the left
side of the bed with theirclothes.
It looked identical to the onethey had purchased on their
first visit to the host shop,which they had air expressed to
Warren, colorado, to aid in hissearch.
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The bags had writtenidentification tag named Roger S
Cowards of Golden, colorado, asits owner.
Everything dovetailed.
On the suitcases officersnoticed luggage tax marked North
Central Airlines no 997.
Police soon confirmed that thiswas the flight the Cowards have
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taken to Duluth for the funeralroom.
The Garment Bag had one of thetags.
It was numbered consecutivelywith the tag on the suitcase
that had been left.
At the Radisson Hennepin CountyCrime Black Technicians Merrill
Hughes and Roger Smedberg wentto work For more than an hour.
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They slowly moved clockwisearound the room photographing
the evidence.
One picture showed a number ofprescription medications lined
up by the bathroom sink,including one in Roger's name
for an abuse, confirming whatMarjorie had told the otols.
On May 3rd Dr Hyman Suckermanprescribed an abuse for Roger
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after his last, his latest,attempt at rehab at Raleigh
Hills had failed.
The drug marked the next stepin trying to control Roger's
drinking, if Roger consumedalcohol.
While on the medication hewould experience uncomfortable
physical side effects.
He could even die.
Marjorie had confided in DrSuckerman that a drunken Roger
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had been in her up on severaloccasions.
The doctor considered Roger abad lush, but during Roger's May
visit the doctor also notedthat Roger appeared depressed.
Roger didn't say anything abouthis problems.
After Hughes and Smedbergfinished the pictures, they
moved to the next step, donningplastic gloves to process the
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room for Prinkle prints.
Tuesday afternoon in Colorado,waller and Agent Harman drove
east of Golden towards StepertonInternational Airport.
Waller noticed that a line ofthunderstorms had enveloped the
Rockies.
The indigo sky came alive, witha strobe-like show of summer
lightning and the sound ofthunder booming as the storm
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passed overhead.
So Waller told Harman he hadnot flow much and worried about
the weather conditions.
But a few hours later, safelyback on the ground, the Twin
Cities, the detective wasrelieved.
He stepped off the plane.
There was a lot of heat andhigh humidity, more typical of
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the tropics, that knocked himback.
The early evening air felt likepretty much a.
It was very hot and humid, likea people, like a sumo wrestler
sitting on his chest.
Now when Waller and to theterminal carrying his briefcase
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and overnight bag.
An airport security officer whohad been given Waller's
description by Duluth policeflack him down and he says,
sergeant, are you Sergeant,waller?
Because if you are, there's anurgent message for you at the
central office and the messagetold Waller to call detectives
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Jagoda and Green at the holidayin right away.
So when he did, jagoda got onthe phone and they had hit
paydirt.
Jagoda reported happily thatthe sweat suit bag and the
smaller wicker basket had beenfound in the Caldwell's room and
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he said we got them.
Dick and Jagoda then left toobtain another search warrant.
The first had not disted thewicker basket.
The law said if the basket wasin full view of police officers
who were legally in the roomthey could cease it.
But as police closed in on theCaldwell's they were not taking
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chances.
At about 10.15pm, while thesearch was in progress, officers
heard someone fumbling with thedoor knob.
Waller looked through thepeephole and he stayed.
So, margarine.
He quickly slid out the door,reintroduced himself and nods
her down the hole to the commandpost Room 302 for questioning.
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She was cordial and chatting.
Waller sat next to Marjorie onthe couch.
Officer McComb and DetectiveGreen stood across the room
listening.
Waller explained to Marjoriethat police were searching her
room for stolen jewelry andphysical evidence of the murders
, including blood, hair andfibers.
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He read aloud the searchwarrant and handed her a copy.
To Waller's surprise, shedidn't ask why the police search
targeted her and her husband.
Waller inquired aboutMarjorie's activities in the
days leading up to her mother'sdeath.
She told the officers that sheand her husband had visited a
Denver pawn shop on June 23rdand pawned jewelry for $3,000.
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She has spent most of theweekend of the murders
inspecting ranch propertiesaround Denver with real estate
agent Fran Byer.
Though Marjorie had agreed tothe interview, waller and the
other officers knew hercooperation was strictly
voluntary at this point and shesoon became uncomfortable with
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the line of questioning.
Waller advised her of herMiranda rights On July 5th.
David Arnold sat at his pajamaswatching the evening news when
the phone rang.
Since Marjorie had retainedArnold four years earlier, he
had become used to frequentphone calls and office visits.
He later estimated he spentfrom 50 to 60% of each and every
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day that he worked with Marj oron her behalf.
A great deal of time was spentnegotiating with creditors and
claimants, prioritizing claims,trying to get everybody covered
Early in the relationship.
She had called in late onenight at home upset because some
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checks she had written weregoing to bounce.
She had received a check forthe sale of a horse and it had
bounced and contemplation ofthat money being there.
She had written all thesechecks and Arnold remember he
said I told her, marj, thathappens to everybody, don't
worry about it.
And she said well, I want youto call these people tomorrow
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and explain to them and get themcovered as soon as possible.
So he asked her how much areyou overdrawn?
And she said $120,000.
So he said that that was thekind of an indication that you
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know that they have more thanthe traditional kind of
individual here.
So I'll now ask Marjorie whyshe had called him so late this
time and she said well, I justthought you might like to have
some fun, why don't you come onout here?
We got about 50 police officersaround here and he said what do
you mean here?
Where are you?
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And Arnold tried to pictureMarjorie somewhere in Colorado
surrounded by police, andMarjorie sounded Cavalier.
She said well, I'm in theHoliday Inn.
So what do you mean?
What are you doing there?
The news that Roger and Marjoriehad not left town started the
attorney Arnold, and he's he'sstarted chastising her from
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being for being there fortalking, and and she told him
well, we really didn't have anychoice.
You know, we were going to gothe next day and then Roger got
sick and had to go to thehospital.
So Marjorie said Roger was atMethodist Hospital in St Louis
Park, which is a Minneapolissuburb.
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Arnold recall how Marjorieblame the condom family for her
mother's death and the policepresence in her hotel room.
So Marjorie explained that thecondoms were trying to frame her
and Roger for Elizabeth'smurder, and Duluth police, under
the family's control, play apart in the frame up.
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So Arnold cut short Marjorie'scomplaints and he asked her what
the hell were you doing aroundhere?
Why didn't you go back outthere to Colorado?
At least it wouldn't have beenas easy for this entourage to
have shown up.
What's going on?
And she said well, they'reasking me a lot of questions,
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they're tearing apart the room.
They won't let me go to theroom.
And so Arnold said okay, I'llbe out there.
And then trying to rememberwhat Perry Mason would advise,
he ordered Don't say anything.
But Marjorie resumed talking topolice after she hung up.
She has spent the entire weekendof the killings looking at real
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estate, from early in the dayuntil 10 or 11 pm, and then
Detective Waller interrupted herand he asked, before you say
anything else, as your attorneyadvice you about making
statements to the police?
And she replied no, he had not.
So while her assume Arnold wasen route to the hotel.
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So while it changed hisstrategy and began to pump
Marjorie for as much Informationas possible, unto her attorney
arrived, waller knew that he hadno legal power to make Marjorie
talk.
She had no go, no good reasonto answer questions.
But instead of the pushy womanhe had encountered in the
inspector's office the weekbefore, she now sat before him,
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come and control like a womanwith nothing to hide, a woman
who wanted to cooperate.
Only her flushed cheeks gaveher away.
Waller had noticed in anearlier interview that when
something upsets Marjorie, hercheeks flushed from deep red to
purple.
Green knocked out on the doorand as to see Waller and while
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it was annoyed by theinterruption of his
interrogation, but Greeninsisted while her stepped into
the hall he used to show Wallerwhat he had found.
He found a blue plasticcylinder, a pantyhose container
Brimming with jewelry.
Items found inside includedElizabeth Condon's son, this
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rock of sorry wrist watch anddiamond and sapphire ring, both
pulled from her bodyinvestigators so mice by by the
killer, her killer.
The officers were related, butthey're fine and curious about
whatever explanation Marjoriewould have for the items.
Waller wondered why Marjorieand Roger would bring the
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jewelry back to Minnesota Onceit had been successfully
transported to Colorado.
He told Hughes to give him afew minutes, then come in and
dump the jewelry on the couch.
Then Waller would ask if sherecognized any of the pieces.
While we re-enter the room, notprepared just yet to confront
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her, he let Marjorie's liescompound.
Marjorie repeated herwhereabouts.
On the morning Mildred GarburewFound Elizabeth Condon and
Verma Petella dead.
Waller then asked her if Rogerhad been with her the morning of
June 27 and she said yes, rogerhad helped her carry their
dirty clothes to the laundromat.
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The hotel front desk Clark hadspoken to them on their way out.
Marjorie said that she thendrove Roger to downtown Denver
and drop him off.
Roger planned to meet withAttorney John Moorehead and also
go to the library.
She went directly to thelaundromat.
While it looked over insurprise at the lie, police had
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already verified that Mooreheadhad spent the entire day at the
annual picnic of the Denver BarAssociation.
Hughes abruptly entered the roomwith the blue plastic container
.
He asked do you recognize this?
And she said yes, it's mine, souse empty containers contents.
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On the couch between Waller andCaldwell she immediately picked
up the gold, a certain watch.
She said this is my watch.
My mother had a watch identicalto it.
Reaching for the diamond andsapphire ring, she once again
said her mother had an identicalone.
They repeated this process withmost of the jewelry.
Marjorie admitted that a silverantique looking photograph
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frame with engraved initials EMChas been ripped off from the
mention.
The day of her mother's funeral.
A cameo pendant in the doublestrand of pearls were present
from her mother.
She said the container alsoheld an incriminating mix of
clip and pierced earrings.
Marjorie wore pierced earrings.
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Her mother wore clip.
Much of the jewelry matched thepieces Vera Dumbart had
described as missing.
The day after the murders,dumbart had gone through the
mansion with Waller and Compileand had written an inventory of
items she knew to be missing,expanding on her preliminary
inventory.
The day before, weller glancedacross the room and saw the
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incredulous look on Macomb'sface as Marjorie explained away
each item of jewelry.
They interviewed Elated Waller.
They have recovered theirjewelry and, to top it off,
marjorie said they are blatantlylying to them.
It seemed illogical that shehad to know.
The police now suspected morestrongly than before that she
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knew something about hermother's murder.
Waller continued questioningMarjorie about her husband's
whereabouts.
Roger had no consistent alibi.
His wife had given friends inacquaintances six different
versions of her whereabouts themorning of the murders.
When Waller asked whether Rogerhad also been with Vialto van
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Beyer on Sunday June 26,marjorie initially said yes, but
then she retracted and said shehad spoken with him by phone, a
story similar to the one shehad told van Beyer Over dinner
Sunday night that she had spokento Roger that morning on the
phone about ranch property.
Marjorie began to fit it andabruptly switched the
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conversation back to jewelry.
She told the officers theycould compare the items with
photographs taken of her jewelryin Colorado before her home was
burglarized, and she said Idon't know why she lied at the
time when she obviously couldhave shut up rather than make
false statements that sherationally had to know would be
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disproved.
This is what Detective Wallersaid About 11pm when R-Note and
Lou Raidenberg, marjorie'sformer divorce lawyer and close
friend arrived at the motel theyfound Marjorie chatting with
Waller in the command post room.
Waller ignored them and soArnold asked Sergeant Waller,
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what are you talking to MrsCoward about?
Because he saw the pile ofjewelry and he said do you think
we could talk to our client?
And Waller said sure, but hedidn't leave the room and Arnold
then demanded I want to speakwith her alone.
But the 6 foot 2 plus poundattorney said years later that
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the situation left him feelingoverwhelmed.
Arnold knew little aboutcriminal defense.
He specialized in civil law.
Police officers seemed to beeverywhere, surrounded his
client and he said it's thefeeling you get when a state
trooper stops you.
And you didn't think you werespeeding, but he's still a state
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trooper and he stopped you.
It's respect for the position,yet concern as to what the hell
this asshole is doing.
So Arnold also recall howindignant Marjorie sounded
during their subsequentconversation, fuming as soon as
police left her alone withArnold and Raidenberg.
She said you ought to see theroom.
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They won't let anybody in there.
And Arnold said what have youbeen talking about?
What's going on here?
And she said they're lookingfor stuff.
You obviously think that Rogerand I told them, roger and I
have nothing to do with it.
And Arnold was confused.
He said what are you talkingabout?
He said well, they have takeneverything we got.
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They won't let us in the room.
They have taken everything wegot.
They're putting it in bags.
And I was just explaining tothem that this is my jewelry.
And she was becomingexasperated.
Only half kidding, arnold toldRaidenberg to keep his hand over
Marjorie's mouth.
Gagging her was the only sureway to prevent his client from
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talking.
He went down the hall to theCowards room where police
continued processing for PringlePrince and Arnold remember and
said well, I never seen anythinglike it.
The Fingerprint powder hadturned the room absolutely black
from floor to ceiling and evencovered the pipes in the
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bathroom.
Officers had disconnected thebathroom faucets and pipes to
search for hidden evidence.
It looked like it had quiteliterally been under
construction for years.
So the attorney returned toroom 302.
He walked in to see Marjorieyacking away with officers,
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while Arnold lacked anyexperience in criminal law, he
said later of the scene beforehim it just seemed like common
sense to me that you don't dothat.
So once again he told her toshut up Sergeant Jagoda, who had
returned with a new warrant by1030, turned toward Arnold and
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informed him that Sergeant'swater and green had left for
Methodist Hospital to arrestRoger for murder.
And looking back, attorneyArnold said what do you say?
After that?
He again Marjorie to stoptalking.
He said we have to find you acriminal defense attorney.
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So the phone rang around 12.45am and an officer answered it.
Roger was on the line for Rnote.
He was being arrested.
He asked R note to come over tothe hospital as soon as
possible.
R note told Roger not to sayanything more to police and that
he would leave as soon as theofficers finished with Marjorie.
R note then waited as policesearched Marjorie in her clothes
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, purse and rental car.
While a female police officerstripped search her, marjorie
seemed almost giddy.
Joking with the officer, hesaid I suppose you go through
this all the time.
The strip search produced nophysical evidence.
But inside Marjorie's purseofficers found a purchase
agreement from a Colorado VOTcompany dated the previous month
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for a $65,000 ranch.
Detective also found a set ofcar keys and a rental agreement
signed by R note.
He had rented the car for thecarways the day after the
murders.
Even after officers completedthe searches.
Arno knew better than to leaveMarjorie unattended.
Widenberg would stay with herwhile Arno went to the hospital
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to visit Roger.
The searches failed to produceElizabeth Goh's grandmother's
charm bracelet, whichdisappointed Waller.
The bracelet was the one itemthat no one would have any
reason to duplicate.
With a sole piece of stolenjewelry police never recovered.
But overall police had put in agood night's work.
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Sgt Green went downstairs andco-inspected the rams from a pay
phone to the hotel lobby.
He said we found a pile ofjewelry and the ring is in it.
We have got the wicker case andthe clothing bag.
We got them.
One told the boss.
He says it was an exciting callfor an investigator to make.
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Police transported most of theevidence collected from the
carwards room to the Hanna-PinkCounty Crime Lab to be
photographed.
They took the jewelry to theBCA lab for examination for
blood and hair fibers.
Their efforts to identify the37 pieces of jewelry would be
(35:07):
extensive.
It really was overkill,according to Waller.
He said because the jewelry wasso critical we asked virtually
everyone if they could identifythe pieces.
The jewelry and Marjoriestatements were the only
tangible evidence to supportpolice and family suspicions
that Marjorie was somehowinvolved in her mother's murder.