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, herby
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 oh 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 servant 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 door to door asking that
everyone ignore his son. Even the communion services were diabolical.
(03:42):
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
in hindsight. At the time, Herb seemed happy. When he
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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 and was voted most likely to succeed a macabre prophecy,
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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.
The incident that stands out is the trigger to Herb's
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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 fell
into a state of macab despair, building shrines in his
room to Dean, where he spent hours alone. He wondered
if Dean's death was some sort of cosmic sacrifice and
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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 at the
State College. He attended but dropped out after a few weeks.
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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 Giannia
gave him damaged his brain. If Gianneire had given me
some bends a dream instead, I would have become an artist.
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He alienated his longtime girlfriend with his sudden involvement in
halluos nagenic 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 nineteen sixty eight
that he may be gay, the relationship was over. On
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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 to alarming. One night
in nineteen sixty nine, while visiting his sister, he mimicked
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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 do and that
went on for four hours. Then he he's a sad
and stared at us. The next day, his family took
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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 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.
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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, 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
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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 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
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late teens to early twenties, including hearing voices, an intense
paranoia of others, and delusional thinking. After his 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 a ranger found him
sitting cross legged in a trance like state, as if meditating.
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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 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
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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 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
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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 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.
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His sanity continued to deteriorate and his behavior grew increasingly erratic.
He shaved his head, went on 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 Asia ignored his suggestion that they have
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a biracial child together. Mullen demanded that the judge legalize
LSD and marijuana. Yet he later 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,
(10:23):
bi political, bi spiritual, bicultural. Herb knew that there was
something wrong. He obsessed over 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
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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 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
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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 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.
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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 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.
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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. 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
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his anger at 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 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,
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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. 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
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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 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
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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 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
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no one rushed out to find his killer. Mullin later
claimed that White looked like Jonah from the Bible and
sent him telepathic messages, Hey man, 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.
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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. After reading Irvingstone's
biography on Michaelangelo, 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
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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 his works are
so much better than anyone else's. It gave him insights
others didn't have. His mom 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
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the most grisly one in Mullen's career. In a rare
twist of maternal wrath, Herb blamed his 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 this in
sight too. Mary Gilfoyle was running late for a job interview,
so she did what many young women in Santa Cruz did.
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Despite the warnings, she hitched a ride. Although she was
fortunate that Edmund Kemper wasn't 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
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hitchhiking who were missing, or raped 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
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chest and back. Gilfoyle died instantly, 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
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him from recommitting this grotesque 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.
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He had been drinking and decided to go to Saint
Mary's Catholic Church to give me strength to never attempt
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,
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he decided, well, if you're in here, I yes, 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,
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seeing the struggle, 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
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a glimpse of the man dressed in black, but Mullen
did not return. He did, however, leave fingerprints at the
crime scene. By killing Father Tomay, 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 typic pattern of
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kill and makeup. Mullen 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
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lapsed into his paranoia that it was all a conspiracy
against him. The hippies and war resisters 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
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Flower Children had 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
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his occupation as 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
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intelligent and highly motivated young man with an ultra zealous
eagerness to enlist in the U. S m C. 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
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been accepted. He now had a purposeful mission. On January fifteenth,
nineteen seventy three, Mullen passed both the physical and psychiatric
exams for the Marines, but when he stubbornly ref 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
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and told him it was time to 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 that messed up
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his life. Gianeira gave him the drugs that caused his
brain to malfunction. Giannire 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 Giannia had duped him. On
January twenty fifth, nineteen seventy three, Mullen drove to a
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shanty area hidden away on a muddy road near the
Mystery Spot 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 Mullen asked to see Jim,
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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 his wife was taking a bath.
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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 Gionnaires 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 unfathomable killings. Francis was
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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 three even though they
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were apparently dead. The massacre looked like a drug burn
to the local authorities. Both Bob Francis and Jim Giannira
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, but Herb Mullen was
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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, Mullin sent Jianneira
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 give Mullen much
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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 III will begin, as brought
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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 Lee 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 raped. 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 Mark 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 at 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 sell. As they
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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, strange tattoos
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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 Gennia listed, and newspaper articles about the recent murders.
The Revolver had been discovered in his station wagon, and
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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 own free will,
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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 beheaded hitchhikers. The day following his arrest, officials
announced that ballistics proved that Mullen had also killed the
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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 later on
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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 finger prints found at the church where father
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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 ten people.
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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 February fifteenth, the
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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. Authorities tried
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to calm the public by playing out the drug dealer connection.
Between Mullen and his victctims. 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 they found a way.
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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 a counter cultural by product,
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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 on March fell first,
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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 of speech, I refuse counsel. He
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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 had been Fraser's defender, would later represent
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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
startederiously doubted Mullen's competence to stand trial. D Chang said,
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you can't 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
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in mind 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
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hospital records, 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 determin 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
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right 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
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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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Mullin 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 and called Santa Cruz police to confess that he
(36:34):
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 over the petit Mullen and hassled them in
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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 every one 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 Twentieskerb also believed that his father telepathically ordered
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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 killed 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 his 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
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on proving insanity. 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 mother recalled finding the young married
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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 Jonah the thirteenth man must be
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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 of us are going to die. And he
jumped overboard, you know, and he was drowned, you know,
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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 it 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 will prevent a major natural disaster. Did Mullen
come up with the killing to stop earthquakes theory before
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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 on phenomenon. Because Mullen was born on April eighteenth,
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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
could save the coast from earthquakes instead. It's grandiose, said
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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
that everyone in his family practiced homosexuality. He wrote that
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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. My
parents actually did not tell me the necessary facts of life,
sex and death rate, social conversion techniques, et cetera. Bernice
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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 me
to mature. Why. I think they were jealous and envious
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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 point Mullen
interpreted in attorney like fashion and said, I'll stipulate that
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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 the murderer
as far as Herb was concerned, because he was telepathically
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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 his son. It's not
a crime to tell your son war stories or to
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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 for Herb these
gestures were intimidating. He thought his father was challenging him.
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After Herb's experience in the ring, he returned to his
father's house a month before the murder's beeing. 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 was
such a departure from what we had normally done all
our lives. He was not the same kid we had
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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
against your will. Well that's past now. I don't know
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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
wanted to trick his son into falling in with the counterculture.
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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,
or Mullen, It explained everything. Everyone was bargaining for power
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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 the
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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.
(47:50):
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 him 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. They 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.
(50:02):
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 Giannire
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 Mullin was tired and wanted to get caught.
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Doctor Morris 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 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 psychology
(52:14):
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 the murders.
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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 and 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. Encountering the
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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 that a person who
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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, finding Mullen sane and guilty.
(53:45):
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, says his defense attorney Jackson.
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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 Mullin's case didn't sit right with
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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 these deaths need ever have happened,
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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, he was entered into mental hospitals
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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 state was not dumping out on the
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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
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over one hundred dollars a day to keep Mullin in
a private hospital, which was far beyond a par hostal
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
(56:16):
he was closely monitored, he was 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
(56:38):
as murders. After all, 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
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argue that anti social personality disorder, a common characteristic among killers,
is a 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
(57:21):
that can be done to treat the person. Incarceration is
the only 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
(57:42):
if left on their own. Unlike antisocial personality disorder, paranoid
schizophrenia is 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.
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He did not find Kemper to be schizophrenic. Mullin's propensity
toward violence 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 Mullen
had the authority, they would have kept him in treatment