Episode Transcript
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Speaker 1 (00:00):
Why did Herbert Mullen brutally slaughter thirteen innocent victims, including children, campers,
and a Catholic priest who was stabbed in his confessional
booth on All Souls Day? If you asked the police,
Mullin was a whacked out druggie with legalized acid tattooed
on his belly. Mullen's lawyers argued that he was a deluded,
(00:21):
paranoid schizophrenic. And if you asked serial killer Edmund Kemper,
who terrorized Santa Cruz in the same time frame, Herbie
was just a cold blooded killer, killing every one he
saw for no good reason. He said, I guess that's
kind of hilarious my sitting here so self righteously talking
like that after what I've done to hear Herber Mullen
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tell it. He is a hero, a sacrificial scapegoat who
killed his consenting victims to save California from a cataclysmic earthquake.
His father, war veteran Martin William Mullen, had telepathically commanded
his son to murder, why won't you give me anything?
Go kill somebody move. In the end, a natural disaster
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might have been preferable to the unnatural disaster called Herbert Mullen.
His rampage began on October thirteenth, nineteen seventy two, and
ended on January thirteenth, nineteen seventy three. He killed thirteen people.
Mullen bashed the skull of an alcoholic drifter with a
baseball bat, eviscerated a female hitchhiker, stabbed a priest to
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death in his confessional, shot and stabbed a drug dealer's
wife and children and a young married couple. Murdered four
teenage camper's executioner style, and shot a retired boxer with
a rifle in his front yard. Clearly, Mullen was mentally
ill with paranoid schizophrenia. He said his victims telepathically gave
him permission to kill them. But schizophrenics can choose to
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disobey their voices, and although many serial killers use mental
illness to excuse their heinous behavior, schizophrenics are not more
likely to kill than the same population. So what pushed
Mullen over the edge? And would the jury, who saw
for themselves that Mullen was genuinely disturbed find him legally insane?
(02:10):
Herbert Mullen was born on April eighteenth, nineteen forty seven,
a date that held great significance for him. Later, April
eighteenth was the anniversary of the nineteen o six San
Francisco earthquake. It was also the anniversary of Albert Einstein's death.
Both of these events would, in Herb's twisted mind, give
him a cosmic duty to kill. As a child, Herbert
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Mullen was described as bright and gentle natured. When Herb
was five, the Mullens moved from a small farming community
to San Francisco or His father, Martin William Mullen, worked
as a furniture salesman. Herb and his older sister attended
parochial school. By all accounts, the Mullens were a well adjusted,
educated family. Bill Mullen had been a military hero in
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World War II, and he was considered stern but never abusive.
He was proud of his service and relate war stories
to his son, and even taught him how to use
a gun. Sometimes, the elder Mullen would playfully box with
his young son in the kitchen before dinner. Herb would
later interpret these matches as a deadly challenge by his
sadistic father. According to the adult, Herb his entire childhood
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was destroyed by a conspiracy led by his parents. He
saw his parents as kill joy reincarnationists who believe that
by spoiling the enjoyment of others, they improved their birth
position in the next life. Herb later testified that he
believed his father threatened to kill anyone who would play
with Herb, and even went dor dedor asking that everyone
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ignore his son. Even the communion services were diabolical. When
I was in the second grade, they told me that
Jesus Christ the person actually lives in the Holy Eucharist.
It is a lie designed to induce navete and gullibility
in young children, thereby making them susceptible to receive and
carry out telepathic, subconscious suicide orders. But this is schizophrenic
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in hindsight. At the time, Herb seemed happy. When he
was halfway through high school, the Mullins moved to Felton,
a small town among the majestic Redwoods in Santa Cruz County.
Despite being uprooted at a vulnerable age, Herb made many
friends in high school and was envied as one of
the popular crowd. He played varsity football, had a steady girlfriend,
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and was voted most likely to succeed a macabre prophecy,
considering that Herb would become Santa Cruz County's most prolific
serial killer. After graduating in nineteen sixty five, Herb went
to Cabrillo College and studied engineering. He considered joining the army.
Everything was going great, but then paranoid schizophrenia changed all that.
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The incident that stands out is the trigger to Herb's
deteriorating sanity was the tragic death of his best friend,
Dean Richardson, who was killed in a car accident the
summer after high school graduation. Herb was devastated and fe
well into a state of macab despair, building shrines in
his room to Dean, where he spent hours alone. He
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wondered if Dean's death was some sort of cosmic sacrifice
and became obsessed with the idea of reincarnation. Although raised
as a Catholic, Herb began to fervently study Eastern religions,
looking for answers, answers to the tragedy of a lost
friend and answers to the voices that were suddenly haunting
his thoughts. He changed his major from engineering to philosophy
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at the State College. He attended but dropped out after
a few weeks. In the spring of nineteen sixty six,
he ran into a friend of Dean's at the beach
named Jinjiannara Giannia gave him some pot and told him
about the anti war movement. Mullen later said that Gionnara
spearheaded a movement to befuddle and confuse me, and that
the pot Giennaria gave him damaged his brain. If Gianneire
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had given me some bends adream instead, I would have
become an artist. He alienated his longtime girlfriend with his
sudden involvement in halloos pygenic drugs. He talked about an
impending California earthquake and moving to Canada to avoid it.
His weird glares and bizarre ramblings gave her the creeps,
and he was becoming violent. When he told her in
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nineteen sixty eight that he may be gay, the relationship
was over. On the surface, Herb's rebellious activities were typical
at the times. He experimented with drugs and horrified his
military bread father by declaring himself a conscientious objector to
the Vietnam War. He announced that he was going to
India to study yoga, but his behavior escalated from weird
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to alarming. One night in nineteen sixty nine, while visiting
his sister, he mimicked his brother in law's every gesture
and word. This is called echalalia and echopraxia, symptomatic of schizophrenia.
His sister later described it, when my husband would eat,
Herb would eat. Whatever my husband would do, Herb would
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do and that went on for four hours. Then he
he's just sad and stared at us. The next day,
his family took him to a mental hospital, where he
voluntarily committed himself, but he was soon out on his own.
Herb later asked his sister to have sex with him,
and when she declined, he asked if his brother in
law would sleep with them. The whole family grimly worried
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for his safety as well as their own, because he
had been so normal as a child. The Mullins thought
Herb's sudden, scary behavior was drug induced. After all, it
was Santa Cruz. In the late nineteen sixties, marijuana farms
and acid labs flourished in the nooks of the Loma
prieda mountains counterculture blossomed in the laid back beach town
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where hippies lived off the land, women hitchhiked, and drugs
were easily accessible. Even fifth graders were selling pills at school.
According to the local papers, it wasn't a stretch to
think Herb was on drugs. Legalized acid was tattooed on
his belly. Although he dabbled in acid and pot use,
he did not indulge more than his peers. But mixing
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recreational drugs with mental illness is a concoction for psychosis.
Schizophrenia is a hideous mental illness which can devastate the
life of a promising young adult. Typically, symptoms flare up
in the late teens to early twenties, including hearing voices,
an intense paranoia of others, and delusional thinking. After his
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release from the Mendocino State Hospital in nineteen sixty nine,
Herb took a dishwashing job in South Lake Tahoe, but
soon quit. He returned to Santa Cruz, where ranger found
him sitting cross legged in a trance like state, as
if meditating. When the ranger asked him to leave, Mullen
continued to stare straight ahead, but slowly reached for a
hunting knife by his side. The ranger caught him before
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he grabbed the knife and took him to jail, but
he was soon released. Mullin drifted down to San Luis
Obispo and told his roommate that he had been receiving
messages which were telling him to do things. After meditating,
he ritualistically burned the end of his penis with a
lit cigarette and later made an aggressive pass at his
male friend, whose uncle was a psychiatric doctor. Mullin was
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promptly committed to a psychiatric hospital as a result of
mental disorder. Said person as a danger to others, a
danger to himself, and gravely disabled. In nineteen seventy, he
met an older woman and flew to Hawaii with her,
but within days he was back in the psychiatric ward.
He preached yoga nonviolence and left the premises to look
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for a job while wearing his hospital gown. When his
parents paid for his flight home, he scared them so
much with the psychotic rantings that they pulled off the
road to call the police. Herb was released and returned
to Santa Cruz. His sanity continued to deteriorate and his
behavior grew increasingly erratic. He shaved his head, went on
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a macrobiotic diet, and rapidly lost weight. Later, he wore
a big black sombrero and faked a Mexican accent, then
became a boxer. Although he preached anti violence, he smashed
a hatchet against a fireplace when an ag ignored his
suggestion that they have a biracial child together. Mullen demanded
that the judge legalize LSD and marijuana. Yet he later
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despised hippies and flower children. After being a conscientious objector,
he tried to join the Marines. Herb wasn't just bisexual,
as he insisted in court, or bi racial as he
pretended to be. He was by everything, bi political, bi spiritual, bicultural.
Herb knew that there was something wrong. He obsessed over
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his life, trying to figure out what went wrong and
who sabotaged his mind. He blamed his father for being
too sexually uptight, and later accused him of being a
mass murderer who commanded him to kill by telepathy. He
blamed the drugs he took for messing up his brain
and targeted the drug users. He blamed the hippies for
brainwashing them into being a conscientious objector. He tried drug
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treatment centers. He tried outpatient clinics for the medically ill,
but didn't stick with anything. He later even tried by
study meetings, but made everyone uneasy when he declared Satan
gets into people and makes them do things they don't
want to. In May nineteen seventy one, when herb was
twenty four, he moved to San Francisco, away from the
watchful eye of his family. He lived in decrepit apartments
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among alcoholics and drug addicts, sinking further into his bizarre
belief systems. Mullen walked into the YMCA with a bible
and soon became a fierce boxer. In his first Golden
Gloves tournament, he wouldn't stop assailing his opponent. Trainers had
to pull him away. He punched a speed bag until
his knuckles were covered with blood. If left unattended, he
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stood still and loudly chattered with himself. After losing his
first match in the ring, Mullin left the boxing ring
with the plans to become a priest. He dabbled in art.
After punching the floors of his apartment and getting into
screaming matches with God. The apartment manager evicted him. He
left the human race that day, said an artist friend.
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In September nineteen seventy two, Mullen moved in with his parents,
determined to make something of himself, but he stopped taking
his medication and he festered and his anger as his
father while living under his roof and atop it all off.
A major earthquake was predicted to devastate California in the
next few months. Although the eccentric self taught scientist who
grimly announced the trembler wasn't taken seriously by most, there
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was one person who took it as a call to action.
Where most people saw crackpot, Mullen saw prophet. On a
wet October morning, Friday the thirteenth, Herbert Mullen found a
baseball bat in the garage and went for a drive.
Earlier in the week, he claimed that his father had
been sending him telepathic messages to kill. If I didn't kill,
it would bring shame to the family by showing cowardice.
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He said it was kill or get out. As he
drove along the winding road that followed the river through
the Redwoods, Mullen spotted a transient walking alone. After he
passed him, he pulled over, popped the hood of his
fifty eight Chevy Stationway, and pretended to have car trouble.
When the homeless man, Lawrence White, stopped to take a
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look at the engine, Mullen bashed his head with a
baseball bat. He then pushed the lifeless body of the
would be good Samaritan down the side of the road
and drove off. Then, Mullin said the ball was rolling.
White was an easy target and wasn't missed. Between stints
and the drunk tank, the fifty five year old transient
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slept under bridges and in the woods where he wouldn't
be hassled. He was a blank barely mentioned in the papers.
When his battered body was discovered days later. No family
came to his funeral, and no one rushed out to
find his killer. Mullen later claimed that White looked like
Jonah from the Bible and sent him telepathic messages, Hey man,
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pick me up and throw me over the boat. Kill
me so that others will be saved. As a means
of understanding serial killers. Renowned FBI investigator John Douglas used
this figure of speech. If you want to understand the artist,
look at his work. Mullen took the notion a step further.
If you want to understand the artist, recreate his work.
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After reading Irvingstone's biography on michael Angelo, The Agony and
the Ecstasy, Mullen decided that as a serious artist, he
should do what the famous Renaissance sculptor did dissect a body.
Michael Angelo spent hours and hours secretly dissecting bodies so
he could find out about the form of the human
body for his painting and sculpture and stuff. That's why
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his works are so much better than anyone else's. It
gave him insights others didn't have. His mum had given
him the Michelangelo book, hoping that Herb would be inspired
to use art as an emotional outlet. What it inspired
was another murder, and the most grisly one in Mullen's career.
In a rare twist of maternal wrath, Herb blamed his
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mother for this killing, believing that she gave him the
book as a hint to dissect someone. I think she
was trying to tell me what to do so I
could have in sight too. Mary Gilfoyle was running late
for a job interview, so she did what many young
women in Santa Cruz did. Despite the warnings, she hitched
a ride. Although she was fortunate that Edmund Kemper wasn't
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making the rounds that day on this main thoroughfare near
Cabrillo Community College, just a few blocks from his duplex home,
she underestimated the driver of the fifty eight Chevy station
wagon that pulled up alongside her. No doubt that the
twenty four year old Gilfoyle had heard the cautionary tales
about women last seen hitchhiking who were missing, or weeped
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or found decapitated, But the slight, dough eyed young man
behind the wheel didn't look like a lecherous brute. He
was handsome, soft spoken, and not much bigger than her.
With Gilfoyle relaxed in the car, Mullen pulled off onto
a quiet side street, yanked out a hunting knife and
stabbed her in the chest and back. Gilfoyle died instantly,
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but she would not be found for months. After dragging
her body into a deserted area off the hillside road,
Mullen opened gilfoyl up and unraveled her organs. Mullen thought
he could see inside people's heads, but now he wanted
to see inside their bodies. Whatever it was he saw,
it was enough to dissuade him from recommitting this grotesque
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and morbid autopsy again. If voices were commanding him to kill,
he was over extending into fetishistic savagery. On November twod
All Soul's Day, one of the holiest of Catholic celebrations,
Mullen stumbled into a church in Los Gatos, just over
the hills from Santa Cruz. He had been drinking and
decided to go to Saint Mary's Catholic Church to give
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me strength to never tempt to kill again. Within moments,
he was brutally stabbing a priest to death in his
confessional booth with his hunting knife. He later claimed he
carried the knife into the church to protect himself. Mullen
thought the church was empty, but when he heard Father
Henry Tomay in one of the booths, he decided, well,
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if you're in here, I guess I should kill you.
He tried to force the confessional door open. Tomae, hearing
the commotion, opened the door to see what was going on.
Mullin attacked Tomay with a hunting knife, stabbing him in
the heart. As he struggled trapped in the confines of
his narrow confessional. A parishoner walked in and, seeing the struggle,
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screamed and ran out. She got a glimpse of a
young man dressed in black struggling with a priest. It
must have been a blur of black and blood. The
community was outraged by the senseless murder of sixty five
year old Tomae, a hero in the French resistance movement
in World War II. Civic leaders attended his funeral, and
so did the police, hoping to catch a glimpse of
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the man dressed in black, but Mullin did not return.
He did, however, leave fingerprints at the crime scene. By
killing Father Tomy, Mullen seems to have struck close to
the source of his anger, his own stern Roman Catholic father.
Father Tomay's murder agitated him more than any of his
victims in his tip pattern of kill and makeup. Mullen
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now wanted to appease his father and tried to follow
in his footsteps by joining the armed forces. The military
seemed like the ideal solution, Mullan could indulge his violent
urges with the blessings of the state. In November, he
applied to join the Coastguard. When he was denied in
December after failing the psychological exam, he lapsed into his
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paranoia that it was all a conspiracy against him. The
hippies and war resistors were to blame. They brainwashed him
by giving him drugs and talked him into being a
conscientious objector. Now the voices were back urging a sacrifice,
and this time he was going after the people who
ruined his life. The peace advocates and Flower Children had
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played tricks on my mind and I had to reap vengeance.
He targeted a long time friend and fellow drug user,
John Hooper, and brought a hunting knife to his house,
but there were nine other people there. Mullen realized it
was time to upgrade his killing method and bought a
gun at the gun shop. He gave his occupation as
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a sketch artist, lying about his stints in the psychiatric wards,
but for some reason, Mullen decided to hold off on
killing the Flower Children. Instead, he applied to the Marine Corps.
The recruiting sergeant was reluctant, but after Mullen's badgering, he
recommended him for service. He wrote in his official report,
Herbert William Mullen is an intelligent and highly motivated young
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man with an ultra zealous eagerness to enlist in the U.
S MC. Because of Herb's earnest desire to improve his
lot and climb above his peers, as it were, I
submit that Herbert William Mullen can and most likely will
be a benefit to whatever unit he is assigned, and
a credit to his corps. Mullin was tremendously excited that
his application had been accepted. He now had a purposeful mission.
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On January fifteenth, nineteen seventy three, Mullen passed both the
physical and psychiatric exams for the Marines, but when he
stubbornly re refused to sign a document acknowledging his arrest record,
he was dismissed. He was devastated, bitterly denouncing his parents
for their failures in raising him, but they had enough
of Herb's rantings and told him it was time to
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move out. On January nineteenth, Mullin found a shabby apartment
near the beach, where he sat alone, his resentments festering
and the kill voices filling his brain. He decided to
kill the most important peace advocate, Jim Giannia, his high
school buddy. In Mullen's distorted logic, Jim Gianneira represented everything
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that messed up his life. Gianeira gave him the drugs
that caused his brain to malfunction. Giannia told him about
the peace movement, which made all of society shun him,
and he even tricked him out of buying land. Mullen,
alone and fuming in his disappointments, decided that Giannara had
duped him. On January twenty fifth, nineteen seventy three, Mullen
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drove to a shanty area hidden away on a muddy
road near the Mystery Spot, a popular Santa Cruz tourist
trap in the mountains. Soaked by the rain, he waited
for Kathy Francis to come to the door of the
wooden shacks. She shared with her husband Bob, who was
in Berkeley closing a drug deal, and her two children,
nine year old David and four year old Damon. When
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Mullen asked to see Jim, Cathy told him that Jim
and his wife Joan moved to Western Avenue in town.
Mullen thanked her and left, but he would soon be back.
When Gian Jera let the casual acquaintance into his home,
Mullen cried, you're clap trapping me and shot Jim as
he tried to escape. Wounded, he dragged himself upstairs, where
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his wife was taking a bath. Mullen followed him and
shot them both in the head with his hunting knife.
He stabbed both of the Gionnaras to the point of overkill.
The Gionnias would be discovered later that day by Jones's mother,
who was babysitting their infant girl. The decision to go
back to Mystery Spot Road and kill Kathy Francis and
her two boys was the most logical of Mullen's otherwise
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unfathomable killings. Francis was a potential witness and he was
terrified of jail. He drove back to the Francis home,
parked his station wagon down the road so it wouldn't
get stuck in the mud, shoved the cabin door open,
and opened fire. He shot Kathy in the chest and head,
and killed the two boys as they played Chinese checkers.
On their bunk bed. In his rage, he stabbed all
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three even though they were apparently dead. The massacre looked
like a drug burn to the local authorities. Both Bob
Francis and Jim Gianneia were known marijuana dealers. After Bob
Francis was found and cleared as a suspect, the police
asked him to come up with any suspects. Bob produced
a long list of drug dealers, rivals, and other misfits,
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but Herb Mullen was not on that list. In fact,
the last that Jim Giannire had seen of Mullen was
in the summer of nineteen seventy one, when Mullen did
ten hits of acid during a visit. A few months later,
Mullen sent Jiannira a weird letter asking him who he
was going to vote for in the upcoming November elections.
Bob Francis and Jim Gianneria laughed at it and didn't
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give Mullen much thought After that. Santa Cruz County was petrified.
In nineteen seventy John Lenny Fraser terrorized the town with
his cold blooded execution of the Oda family and secretary.
A note under the windshield wiper of the oda's rolls,
Royce was frightfully mansonesque Today World War three will begin
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as brought to you by the people of the Free Universe,
and warned that anyone abusing the environment for the sake
of materialism will die. Gun sales rose sharply, especially among
homeowners who took the threats seriously. Some thought it was
a bloodthirsty ecological cult, but Fraser, who was diagnosed as
a paranoid schizophrenic, had acted alone. He did have some competition, however.
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Female hitchhikers began vanishing in April nineteen seventy two. Some
had been found decapitated. On February fifth, nineteen seventy three,
Alice and Rosalind Thorpe disappeared. The next day, a seventy
nine year old widow was found ripped and strangled to
death in her bath tub. Before the month was over,
another six victims would be discovered, and many hitchhikers were
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being reaped. Was this the work of one fiend? A
few days after the lew and Thorpe disappearance, Gilfoyle's skeleton
was discovered on February eleventh. Earlier, Cynthia Shaw's body parts
had been found strewn along the coast, and Mary Anne
Pesque's head was discovered in the Loma Prieda Mountains. Yet
college women continued to hitchhike, insisting it was a lifestyle.
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In Henry Cowell State Park, the Card brothers built a
temporary campsite out of plastic sheets and spare wood, far
from the ranger's route. They chose a spot called the
Garden of Eden, and on February tenth, the fourteenagers who
lived in it were about to be permanently expelled. The
wrath of the camp rangers would have been nothing compared
to the wrath of Herb Mullen, self styled avenging Angel.
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Mullen discovered the illegal campsite when he wandered around in
the woods. The four boys, Brian Scott Card, David Oliker,
Robert Spector and Marc Drebelbis invited him in, but Mullen
was hostile. He demanded that the boys pack up and
leave because they were defacing government property. Mullen was angry
that he had been hassled by a ranger for doing
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the same thing a while earlier, and didn't think it
was fair that these teenagers should get away with it.
The boys looked at the scowling Mullen comic in his
intent to enforce the law, and laughed at him. As
they argued, Mullen said, I decided to kill them and
asked them telepathically if I could, and they all answered yes.
They were all in a sitting position, and it was
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all over in a few seconds. Later, Mullen would say
that they asked for it. He meant it literally, but
prosecutors took it as proof of his hatred for renegade campers, hippies,
flower children, and other counterculture deviants. Had he ever really
he asked for the victim's permission, it's likely he would
not have had many takers. The scene of carnage in
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the woods, discovered a week later by the brother of
one of the victims, revealed a desperate struggle that lasted
more than a humane few seconds. One of the teenagers
was shot trying to clause way through the plastic walls.
They were trapped and Mullin viciously shot them one by one.
When Mullin was finished, he took their rifle and twenty dollars.
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On February twelfth, trapshooters found Mary Gilfoyle's remains again. Police
warned against the danger of hitchhiking and implored young women
to stay out of the cars of strangers. It's like
Russian roulette, they said. But this warning carried little weight
with a victim Mullen would hit tomorrow. Who would have
known that pottering in your front yard at eight in
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the morning could be deadly. On February thirteenth, Mullen planned
to bring some firewood to his parents' home, but a
telepathic message came from his father. Don't deliver a stick
of wood until you kill somebody, the voice suggested Uncle Enos.
But when herb resisted, the voice wasn't as particular. Just
kill somebody, anybody. Mullen drove by Fred Perez as he
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worked in his driveway. It was a still foggy morning.
He shot the retired prize fighter once in the heart,
and he died instantly. Mullen sat quietly in his car
for a moment, holding the rifle he took from the
campsite a few days ago. Then he backed up and
drove away slowly. If for Mullen, the young campers represented
his own flower child phase that he now wanted to
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wipe away. His thirteenth victim Perez, oddly enough, represented someone
whom Mullen wanted to be. He was someone I respected,
Mullen said, although he didn't know him, he had no
explanation for why he shot Perez. The prosecution would later
argue that it was a come catch me crime that
Mullen was ready to call it quits. This time, there
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was a witness. A neighbor heard the shot and, peering
out her window, caught a glimpse of the killer's vehicle.
Mullen was headed towards Felton, his Chevy station wagon filled
with firewood for his parents, with a rifle in the
front seat covered by a paper bag. A policeman pulled
him over without back up and arrested him. Mullen didn't resist,
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but he wouldn't speak either. At the police station, Mullen
sulked and refused to talk. Even routine questions such as
do you have an attorney or would you like to
make a phone call met with Mullen's loud reply of silence.
He continued to chant the word's silence until everyone had
had enough. Frustrated investigators ordered him to his cell. As
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they took him away, Mullen announced, you people were responsible
for the three million killed in World War Two. The
doctor at the police station who examined Mullen was surprised
by the garish tattoos on his belly legalized acid and
eagleized marijuana. Other tattoos read birth Mahashamadi and crea Yoga,
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strange tattoos for someone who appeared so clean cut and
hated hippies with a passion. At this sparse apartment, where
Mullin had lived for the last three weeks, police found
a bible, the paperback book Einstein, The Life and Times,
an address book with Gennaria listed, and newspaper articles about
the recent murders. The revolver had been discovered in his
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station wagon, and ballistic tests were soon underway. They also
found the following note, Let it be known to the
nations of the Earth and the people that inhabit it.
This document carries more power than any other written before.
Such a tragedy as what has happened should not have happened.
And because of this action, which I take of my
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own free will, I am making it possible to occur again.
For while I can be here, I must guide and
protect my dynasty. Like the thick morning fog. Speculation rolled
through the Santa Cruz Valley. Was this diminutive young man
the same guy who was behead hitchhikers. The day following
his arrest, officials announced that ballistics proved that Mullen had
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also killed the Francis family and the Giannaras. Those who
knew that twenty five year old Mullen remembered him as bright,
deeply religious, but somewhat uptight, but he had fallen into
heavy drug use and blew his mind. Mullen was charged
with six counts of murder. The count rose to ten
after the bodies of the campers were discovered two days
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later on February seventeenth. Bodies seemed to be turning up
on a daily basis, but now that they had a
suspect in custody, Santa Cruz authorities looked at the recent
unsolved murders, hoping to tie them to Mullen. Investigators compared
Mary Gilfoy's skeleton with the remains of other women found.
Los Guato's authorities submitted the fingerprints found at the church
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where father Tomay was stabbed to death. Reporters clamored to
know if it was the same killer. District attorney Peter Chang,
with some resignation, said we must be the murder capital
of the world right now. When asked why the murder
rate in Santa Cruz was so high, Chang said, first,
we've had a homicidal maniac whom we know has killed
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ten people. After a reporter asked about the additional five
bodies of female hitchhikers, Chang grimly responded, we then have
another homicidal maniac. As much as they would have liked
to tie all the murders to Herb Mullen, there was
no evidence that linked him to the murdered co eds.
The skillfulness of the decapitations of two women found on
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February fifteenth, the same day as Mullen's arraignment, convinced investigators
that another killer was working the area. Mullen's murders were
not as anatomically precise or obsessive. Although Mary Gilfoyle was
similar to the other killer's victim profile, she was not
decapitated or dismembered. For now, there were no links between
Gilfoyle and the other unidentified serial killer currently prowling the area.
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Authorities tried to calm the public by playing up the
drug dealer connection between Mullen and his fivictims. Giannaria and
Francis were known dealers, and the camping teenagers were described
as flower children. The campers might have been the victims
of a drug deal gone bad. Tying the elder conservative
Perez to drug culture devotee Mullen was more difficult, but
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they found a way. Perez had a grandson who did
drugs and was close to Mullen's age. Maybe they had
a falling out. This is the result of people flipping
out and people taking drugs and people doing their own thing,
said d. A. Chang. Homeowners who were terrified by the
Otis slayings in nineteen seventy could relax. These murders were
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a counter cultural by product, not a menace to the
good citizens of Santa Cruz. But the court would soon
see that drugs alone could not account for Mullen's bizarre behavior.
Mullen was charged with ten counts of murder. He had
not yet been charged with killing Lawrence White, father, Henry Tomat,
or Mary Guilfoyle, his first three victims. At his hearing
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on Marschha First, Mullen carried a two volume legal book
and startled the court by trying to plead guilty, but
the judge refused to accept a guilty plea in a
case of such magnitude. I won't accept that, Mullin replied,
you gave me a choice, and I chose. When his
lawyer tried to intervene, Mullen said, in his clipped manner
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of speech, I refuse counsel. He later insisted again on
representing himself. When the judge again refused, Mullen said, pointing
to his lawyer, James Jackson, I don't care to be
represented by a long hair. The judge tried to assure
Mullen of Jackson's competency, despite the fact that his bushy
hair was a little over the collar. James Jackson, who
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had been Fraser's defender, would later represent edmund Kemper in
that case. I plead guilty to ten counts of first
degree murder, back to square one. Mullin was furious that
he couldn't represent himself. The judge was quickly losing patience
with Mullin and the trial hadn't even started. Seriously doubted
Mullen's competence to stand trial. D Chang said, you can't
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just hand a guy a complaint and let him plead
guilty to ten counts of first degree murder. If we
let him plead guilty, we would be thrown out on
our ear by the Supreme Court. Psychiatrists were called in
to examine Mullen. It was unanimous Herbert William Mullen was
a paranoid schizophrenic. Typically, schizophrenics Greek for split in mind
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suffer from auditory hallucinations or hearing voices, fragmented thinking, and
delusional belief systems of self importance, including being psychic. Despite
rational evidence proving otherwise. A schizophrenic will be convinced that
there's a grand conspiracy against them so huge it can
span from the FBI to intergalactic UFOs. Mullen's extensive hospital records,
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along with his one on one examinations with the doctors,
convinced everyone that he was seriously mentally ill. Everyone agreed
that Mullen killed at least ten people. The trial would
determ whether he was legally insane when he did it.
Legally speaking, insanity was determined by the McNaughton standard, which
says that if a defendant understood the difference between right
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and wrong, then the defendant was guilty. If a defendant
makes an attempt to conceal the crime, this can be
taken as evidence that the defendant knew it was wrong.
If Mullen was found legally insane, then he would be
considered not guilty. Therefore, any actions Mullen took to hide
what he did would be closely examined. Also at issue
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was the notion of diminished capacity. If Mullen did not
understand the meaning of his actions, he could not be
found guilty of first degree murder. His defense knew that
diminished capacity was crucial to prove and constructed their case
on Mullen's weird doctrines of dementia. Mullen sat in his
jail cell and ceaselessly scribbled out his philosophies. Convinced he
(35:51):
could explain the grand design behind his killing, he wrote
on Jonah Einstein and earthquakes. These delusional beliefs would support
his case, but not for the reasons in which he
hoped these bizarre notes would prove important evidence for the
defense in attempting to prove his insanity. While waiting for trial,
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Mullen came face to face with the other homicidal maniac
who had been terrorizing Santa Cruz edmund Emil Kemper the third.
After a murderous bender in April nineteen seventy three, when
he dismembered his mother and her friend, he drove non
stop to Colorado. After being disappointed that there wasn't a
national manhunt out for him, he stopped at a payphone
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and called Santa Cruz police to confess that he was
the notorious co ed killer. Finally, after repeated calls, they
sent officers to the phone booth where he was patiently waiting.
Someone thought it would be amusing to give Kemper and
Mullen adjoining cells. The two mass murderers mixed like fire
in brimstone. At six foot nine inches tall, Kemper towered
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over the petit Mullen and hassled them in any way
he could. Kemper boasted of his power over Mullen. Well,
Mullen had a habit of singing and bothering people when
somebody tried to watch TV. So I threw water on
him to shut him up. Then, when he was a
good boy, I'd give him some peanuts. Kirby liked peanuts.
That was effective, because pretty soon he asked permission to sing.
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That's called behavior modification treatment. He also called Mullen a
creep with no class and offered to rot on Mullen
if he heard him say anything incriminating. In return, Mullen
was disgusted by Kemper and complained constantly about the noise
when he was trying to meditate. Both Mullen and Kemper
viewed their own killing rampages as missions and thought the
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other was a heathen. Mullen killed to save the world
from earthquakes and despised Kemper as a brutish sex maniac.
In turn, Kemper said that Mullen was just a cold
blooded killer, killing everyone he saw for no good reason.
Kemper thought he was the one with a social statement,
making a demonstration to the authorities of Santa Cruz by
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killing the young women society treasured the most. Together, the
lumbering Kemper and diminutive Mullen must have looked like the
Laurel and Hardy of multiple murders. Kemper is well known
for his mother issues. Mullen, on the other hand, was
transfixed by his father, killing a Catholic father and a
retired war veteran might be considered displaced aggravation against his
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own parent. He insisted that his father, Martin William Mullen,
was a mass murderer. I want his fingerprints to be
taken and compared with all murders which occurred in California
and Oregon since nineteen twenty five, he demanded. In addition
to being responsible for all murders on the West Coast
since the twenties, Herb also believed that his father telepathically
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ordered Dean Richardson to commit suicide by crashing his car
in nineteen sixty five. Herb Mullen's trial began on July thirtieth,
nineteen seventy three, with the now predictable disruptions and objections
by the defendant. The formal plea had been entered as
not guilty and not guilty by reason of insanity. On
the second day, the shackled Mullen interrupted the proceedings by
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hobbling over to the judge and handing him a spacey
note entitled observations of an Observer from a point on
the San Francisco Peninsula, a two page rant claiming that
someone had been going through his personal notebook. Make no mistake.
Mister Mullen hears voices, and the voices told him to kill,
said defense attorney James. These were not acts of murder,
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but acts of sacrifice. Jackson focused on Mullen's bizarre behavior
before the murder spree. Mullen thought he was a Mexican laborer,
columnist Herb Kane, and an Eastern philosopher. Jackson then dramatically
introduced his client's kill joy sadism conspiracy theory. Everyone in
Mullen's life was out to destroy his chances for happiness,
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both in this life and the next. He had to
kill them. The courtroom fixated their attention on the scowling,
dark haired Mullen as he rocked back and forth slowly
in chair. He showed little emotion through the course of
the trial, staring straight ahead at the wall. When witnesses testified,
Mullin was annoyed that his defense was intent on proving insanity.
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He couldn't wait to get on the stand himself and
tell them the truth of why he killed. The prosecution
was brief. Bob Francis testified on Mullen's voracious consumption of LSD. Weirdly,
Mullin nodded his head in agreement, as Francis talked as
if it proved the necessity to kill Gianaria Joan Jianneira's
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mother recalled finding the young married couple shot to death
in the bathroom. Ballistics experts and medical examiners portrayed for
the jury the extent of Mullen's violent overkill while Mullen
hunched over taking extensive notes. Mullen believed that the duty
of sacrificing yourself for others by murder for the sake
of the community was best demonstrated by his interpretation of
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Jonah the thirteenth man must be a scapegoat and sacrifice
himself for the others. I mean, you read in the
Bible about Jonah. There were twelve men in a boat.
Jonah was in the boat, you know. It was just
like Jesus, you know. And Jonah stood up and said,
God darn if someone doesn't die, you know, all thirteen
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of us are going to die. And he jumped overboard,
you know, and he was drowned, you know, and the
sea about in a half hour or so. It calmed
down when doctor Lun said that Jonah was pushed and
didn't die after all, because he was spit up by
a whale. Mullen responded defensively, I'm asking you to swallow
this Jonah story and believe that a minor natural disaster
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will prevent a major natural disaster. Did Mullen come up
with the killing to stop earthquakes theory before or after
he was caught? Doctor Donald Lunn said that Mullen devised
this theory years earlier, citing Mullen's letters written to the
UN and other organizations requesting statistics on yearly death tolls
and natural disasters. Among his personal notes were disjointed theories
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on the phenomenon. Because Mullen was born on April eighteenth,
the anniversary of the nineteen o six San Francisco earthquake,
he believed he had a privileged position among his generation
to save it from future earthquakes. Einstein died on April eighteenth,
which proved to Mullen that Einstein sacrificed himself so that
Mullen would not have to be killed in Vietnam, but
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could save the coast from earthquakes instead. It's grandiose, said
doctor Lund. Another conspiracy, Mullen argued, was his family's attempt
to hide the healthiness of bisexuality from him. He said
that for most homosexual behavior begins around the age of eight,
but his parents maliciously hid this from him. Mullen speculated
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that everyone in his family practiced homosexuality. He wrote that
his entire family, including his aunt and uncle Bernice and Enos,
were in on the plot to retard as sexuality when
I was five years old. I feel intuitively that Bernice
and Enos forat talked my parents into ignoring me me.
My parents actually did not tell me the necessary facts
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of life, sex and death rate, social conversion techniques, etc.
Bernice and Ninos did not have any children. Why did
Bernicaninos convince my parents that I should be shunned? My
guess is that my cousins and sister were having orgasms
at age six. When I was five, Bernicaninos wanted to
stop my mental and physical growth. They did not want
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me to mature. Why. I think they were jealous and
envious of the fun I and my parents were going
to have when I started to grow up normal. I
think they believe in reincarnation and that by confusing and
retarding me, they might improve themselves in the next life.
Lunn testified about details of Mullen's homosexuality, which at one
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point Mullen interpreted in attorney like fashion and said, I'll
stipulate that I'm bisexual. Both the prosecution and defense looked
at William Martin Mullen as a reason behind the murders,
but with drastic differences in the level of responsibility. The
prosecution blamed Mullen's intense hatred of his father, while Herb
Mullen blamed his father directly for the murders. He was
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the murderer as far as Herb was concerned, because he
was telepathically issuing the kill commands to his son. William
Mullen was a marine who is proud of his World
War II service, and, according to Herb, taught his son
that violence is natural and taught him how to shoot
a gun with the aim of a marksman. It's hard
to know the extent of William Mullen's rational influence over
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his son. It's not a crime to tell your son
war stories or to teach him how to handle a gun.
Perhaps William Mullen was attempting to engage his child in
the events of his life. That rendered the most meaning,
which can be true for many war heroes, and the
boxing matches in the kitchen had seemed to be no
more than a little playful rough housing before dinner. But
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for Herb these gestures were intimidating. He thought his father
was challenging him. After Herb's experience in the ring, he
returned to his father's house a month before the murder's bee.
He cornered his father with his fists up. Come on,
let's go. It won't last long. Herb punched his father out.
It scared me. The elder Mullen told doctor Lund, it
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was such a departure from what we had normally done
all our lives. He was not the same kid we
had raised and known. Herb's father appeared to be a stoic,
stern but reasonable man. William Mullen even wrote a letter
supporting Herb's CEO status, which must have greatly upset him. Later,
Herb wrote to his dad, my conscientious objection thing was
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against your will. Well that's past now. I don't know
who was right or who is wrong. All I know
is that I got hurt real bad because of all
the confusion. Would you let me live in your home again?
But at the trial, Mullen blamed his father for sending
him to San Jose State University, knowing that the anti
war movement was strong on the campus, and he somehow
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wanted to trick his son into falling in with the counterculture.
Herb was caught in a spiral of rebellion and reconciliation,
with his father doing things that hurt him, then trying
to win back his approval. One psychiatrist, in his testimony
for the prosecution, said that Mullin's inability to express hate
to his father led to some of it being misdirected
to others. Father was a Marine Corps sergeant and was
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used to ordering people to kill. Said Herb, I feel
I was under my father's control like a robot. Throughout
the trial, he asked doctor Lund and his attorney to
compare his father's finger prints to evidence from all the
murder cases in Oregon and California since nineteen twenty five.
If Herb could prove his father was a mass murderer,
perhaps they would go lighter on him on the stand.
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In his own defense, Mullin was described by one reporter
as striking a lecturer's pose. He stood in the witness
box with as many notes and blamed his family, friends,
and teachers who wanted to keep him from becoming too
powerful in the next life. Reincarnation wasn't just a cosmic
ponderance for Mullen. It explained everything everyone was bargaining for
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power and position in the next life. I am chosen
as a designated leader of my generation, he said, because
Einstein died on his birthday. This birthday also gives me
an extremely dominant position in the reincarnation. He believed that
his parents told him that they were going to give
me a good time in the next life, but they
couldn't this time. One man consenting to be murdered protects
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the millions of other human beings living in the cataclysmic
earthquake title area. For this reason, the designated hero leader
and associates have the responsibility of getting enough people to
commit suicide and or consent to be murdered every day.
For Mullen explained to the jury, as far as victims go,
Mullen said, I never thought about them. I wasn't thinking.
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I don't think I was reacting. He claimed. His victims
consented to die in fact, In fact, they were willing
to die and told them so by psychic transmissions. Every
homo sapien communicates by mental telepathy. It's just not accepted socially,
he said. He blamed his father and asked that he'd
be removed from the court room before he continued his testimony,
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but the judge refused, but the elder Mullin was moved
so his son wouldn't have to look at him. He
also blamed the Santa Cruz police for not keeping him
incarcerated after he was arrested for drug possession. I never
would have killed anyone if they sent me to jail.
If they don't punish you for breaking the law, what
were they doing waiting until I broke a big law
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so they could put me in prison all my life.
Mullin admitted that he could and did disobey commands to kill.
He had received telepathic commands to commit suicide, but refused.
If he was the victim of irresistible voices, he would
have killed himself, said prosecutor Chris Caudle. He said that
he ignored messages to kill. I received a message in December.
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I did not act on. I just didn't want to
kill anymore. I just didn't think it was right. This
last statement was crucial to the prosecution's case against Mullen.
He was admitting he knew the difference between right and wrong.
He was not his father's robot, powerless to disobey, as
he had previously said, he was capable of selectively obeying
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his father's messages to kill. When he heard his father
tell him to kill his uncle, enos Mullen refused, and
the voice then suggested an alternative victim. For all the
fearful raf Mullen associated with these telepathic commands, they were
surprisingly reasonable and willing to negotiate. If Mullin was legally
insane and did not comprehend what he was doing was wrong,
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then why did he take such careful measures to cover
his tracks. Assistant DA Chris Caudle told the jury that
after killing White, he sent papered the bloodstains off the
baseball bat. He picked up the shell casings at the
Giannara house, he claimed, because they belonged to me. Mullen
shot Francis and her kids because they were witnesses. He
ground off the serial number of his twenty two caliber gun.
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While the prosecutor presented his case, Mullen, who usually avoided
looking at anyone at the court, glared at Caudle, but
Mullen had already undermined his case with reckless comments. Sometimes
he sounded coolly, sane and rational. In an earlier interview,
Mullen had said he had killed Joan Gianneira because she
was a witness and I didn't want to be punished.
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The quake theory was developed as an afterthought. According to
one court appointed psychiatrist who had examined Mullen, he killed
Giannia for getting him into drugs, and Joan, Kathy, and
Damon and David because they were witnesses. He killed the
campers because he had a thing about hippies and he
described them as hippies. Another court appointed psychiatrists said that
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his motivation was pure hatred. He told me John Giannira
introduced him to LSD and that ruined his life and
he took revenge in a strange split. Doctor Charles Morris
testified that after examining Mullen, he concluded that he was
legally insane when he murdered the transient, the hitchhiker, and
the priest, but legally saying during the last ten murders.
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In January, when he quit doing LSD in hopes of
becoming a marine, Mullen killed out of revenge, with the
exception of Perez. He had been made morally numb by
killing his first three victims, so that killing again, especially
out of anger, no longer carried moral consequences. Perez was shot,
he argued, because Mullen was tired and wanted to get caught.
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Doctor Morse contended that it was probably LSD that precipitated
the murders. In response, defense attorney Jackson read a note
from Mullen and asked the doctor if the rambling was
written by someone on drugs. The doctor acknowledged that it
was possible. The note was dated July nineteen seventy, three
months after Mullen had been incarcerated. It was a complaint
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written to the judge by Mullen regarding court procedure. Mullin's
claim that he heard the victims telepathically agree to be killed,
said doctor Morris was a con de coctid rationalization. He
developed this belief as an afterthought, he said, and wasn't
surprised by Mullen's cosmic sacrificial excuses. He's an individual with
a high mental capacity and an interest in the occult
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psychology and philosophy. One doctor testified that Mullen told him
I chose to be vindictive because these people caused me
to be an objector in the greatest country on earth,
so I punished them. There was no question that Mullen
was mentally ill. To prove the legal definition of insanity,
the defense had to demonstrate that Mullen did not know
the difference between right and wrong at the time of
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the murders. If he was found legally insane, then he
would be found not guilty by the jury. If the
jury found that Mullen was suffering from diminished capacity in
that he did not understand the meaning of his actions,
he could not be found guilty of first degree murder.
The prosecution told the jury it did not matter why
Mullen killed. Motives are ambiguous and not necessary to prove.
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Encountering the defense's theory that Mullen's delusions made him kill,
the prosecution said, simply because two plus two equal seven
in his mind does not mean mister Mullen is not
responsible for his acts. In closing, the defense asked the
jury to consider the fact that Mullen kills people because
he has to, but he doesn't know why. I suggest
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that a person who kills thirteen people and doesn't know
why is mad. The prosecution told the jury, there's no
question he's mentally ill, seriously mentally ill, but that does
not mean he's legally insane. He hid his crimes and
even ground down the serial numbers on his gun. The
six man, six woman jury deliberated for over fourteen hours,
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finding Mullen sane and guilty. The verdict was delivered on
August nineteenth, nineteen seventy three. Mullen premeditated the deaths of
Jim Giannia and Kathy Francis, thereby making two counts a
first degree murder. The rest were considered impulse by the jury,
therefore second degree murder. It's as insane as Mullen is,
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says his defense attorney Jackson. They were afraid because he
might get out and kill somebody, which is not an
illogical consideration. They didn't want his fourteenth victim to be
one of them. The prosecution was disappointed with only two
counts of first degree murder. Mullen only shrugged when he
heard his verdict. Mullen was sentenced to life in prison
with the possibility of parole. In twenty twenty five, but
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Mullin's case didn't sit right with the jury foreman. He
soon took action. After the trial, the jury foreman wrote
that California Governor Ronald Reagan was as responsible as Mullen
for the deaths of thirteen people. Reagan's administration had been
systematically closing down California's mental hospitals, with a plan to
deactivate all of them in a few years. None of
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these deaths need ever have happened, he declared in an
open letter to Reagan. Although the jury had believed that
Mullen could tell the difference between right and wrong, and
therefore or sane according to legal standards, they were also
convinced that Mullen should have been institutionalized after being repeatedly
diagnosed as dangerous. Five times prior to young mister Mullen's arrest,
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he was entered into mental hospitals and five times his
illness was diagnosed. At least twice it was determined his
illness could cause danger to the lives of human beings,
Yet in January and February of this year, he was
free to take the lives of Santa Cruz residence. Reagan
responded that it was a psychiatric mistake, and that the
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state was not dumping out on the street the previously
hospitalized mentally ill. Mullin had been committed to five different
mental hospitals, but always released despite the lack of his prognosis.
Alarmed by his deteriorating sanity, his parents desperately tried to
find a hospital for long term care, but mental hospitals
were rapidly closing. It would have cost over one hundred
(55:56):
dollars a day to keep Mullin in a private hospital,
which was far beyond postal workers wages. In the late sixties,
outpatient clinics were ineffective for someone like Herb Mullen. Although
he received prescriptions and sporadically attended group therapy without supervision,
he was incapable of taking his medication regularly. Even in
a hospital setting when he was closely monitored, he was
(56:18):
still aggressive and violent. He was dangerous and should have
been kept off the streets. Within a year after the
Mullen trial, California legislators passed a bill to prohibit the
closure of any other mental hospitals. Herb Mullen did not
kill because he was schizophrenic, but for him, his bizarre
paranoia and twisted self importance justified as murders. After all,
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he was saving California from earthquakes. His life mission was
to be his generation's scapegoat, but it was the others
who would have to sacrifice their lives. According to doctor
Donald Lund, the mentally ill are actually less likely to
murder than the general population. Those who argue that anti
social personality disorder, a common characteristic among killers, is a
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form of mental illness, will also concede that these people
are not hospitalized for their condition and are able to
function in the world. The disorder is not diagnosed until
the person is incarcerated for violent activities. Even after the
diagnosis of antisocial personality disorder, there is little that can
be done to treat the person. Incarceration is the only
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means of protecting others from sociopaths who have killed. Paranoid schizophrenia, however,
is a treatable disease, but in severe cases, the patient
must be closely monitored in a hospital like setting. Medication helps,
but paranoid schizophrenics can easily stray from treatment if left
on their own. Unlike antisocial personality disorder, paranoid schizophrenia is
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usually diagnosed before violence occurs. Doctor Lund, who examined John
Lindsey Fraser, Herb Mullen, and Edmund Kemper, had said that
among the small proportion of murderers who are mentally ill,
the single most common disorder is paranoid schizophrenia. He did
not find Kemper to be schizophrenic. Mullin's propensity toward violence
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was grimly evident to many, but there was nothing that
could be done to keep him institutionalized. If his parents
had the funds, they would have kept him in a hospital.
If the hospitals who had held Mullin had the authority,
they would have kept him in treatment