I have previously written about the similarities between our
case against Ted Bundy for kidnapping and killing Kim Leach and the case against
Bruno Richard Hauptmann for the kidnapping and killing the Lindbergh baby. One
striking similarity that I did not discuss was the nature of the proof in each
case. In each case the prosecution had three things which must be tied together
to make the case. In the Bundy case we had a white van which was used in the
kidnapping, and we had to tie both Bundy and Kim to the van. We also had to put
Bundy and Kim together. As I analyzed the case, if we could (1) put Bundy in
the van and (2) put Kim in the van and (3) put Bundy and Kim together, we could
prove he murdered her. This analysis could be diagrammed onto the corners of a
triangle. Bundy, Kim, and the van were the points of the triangle, and the
evidence tying each of these three together were the legs of the triangle.
Eventually, with the help of a graphic artist, we turned this triangle diagram
into a visual aid for final argument.
RELATIONSHIP TRIANGLE FOR BUNDY CASE |
This visual aid was a key factor in persuading the jury that
we had proven our case. When I argued the Bundy case I gave the longest final argument
I ever gave in any case before or since. Toward the end of the argument I felt
I had started losing the jury. They were becoming restless and inattentive, and
I was becoming disheartened. It was about this time, though, that I came to the
finale where I would unveil the triangle chart and explain how all the evidence
tied together. The jury was mesmerized, not by my oratorical skill, but by the
diagram and how it placed everything into perspective.
RELATIONSHIP TRIANGLE IN FINAL ARGUMENT |
Although the prosecution team did not seem to notice, the
Lindbergh case was amenable to the same sort of triangular analysis. In the
Lindbergh case the baby had been stolen from its nursery on the second floor of
the Lindbergh home and later a mysterious figure identified as Cemetery John
had extorted $50,000 out of Lindbergh on the promise to return the baby. Two
years later Hauptmann was arrested in possession of almost $15,000 in Lindbergh
ransom money. The prosecution had to tie three figures together to get a
conviction. They had to put Hauptmann in the nursery with the baby; they had to
put Cemetery John in the nursery with the baby; and they had to prove that
Hauptmann was Cemetery John.
In the Bundy case we had a myriad of small circumstances
which, taken together, established the three legs of our triangle. In the
Lindbergh case they had many small circumstances, but they also had three large
circumstances: the homemade ladder which the kidnapper left at the scene; the
ransom money; and the ransom notes. In other words they had a LADDER, some
LETTERS, and the LOOT to form the three legs of their triangle. The LADDER tied
Hauptmann to the scene with proof that he was the one who built it. The LETTERS
tied Cemetery John to the scene because they were all written in the same hand
and one of them was left in the nursery. The LOOT showed that Hauptmann was Cemetery
John because it was given to Cemetery John and later found in Hauptmann’s
possession. The LETTERS also tied Hauptmann to Cemetery John because eight handwriting
examiners testified that Hauptmann wrote all the ransom letters.
If we take all this and put it on a triangle diagram, we get
something that looks like this:
RELATIONSHIP TRIANGLE FOR HAUPTMANN CASE |
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