IV.SIXTY THREE POLICE LIES AND DISTORTIONS
Responding to our family home, police found my 66 year old mother brutally beaten, stabbed and obviously dying from a five weapon 'overkill' attack, and myself the only uninjured person at the scene. The officers no doubt possessed the knowledge, common among law enforcement, that violent crimes are frequently committed by a person in a close relationship to the victim [244], such as a family member. Meanwhile, neighbors told them my mother and I didn't get along well, and often argued [
245], and arriving detectives were made aware of this fact, as well [247]. I was hysterical and crying, wore a tattered shirt, and had blood on my hands [187]. The house showed no signs of forced entry [250] save for the window I told them I'd used to enter [257], and there was no sign of ransacking inside [256]. Detectives found my mom's car keys on a dresser in my former bedroom [254] and a Little League baseball trophy laying broken and bloody beside a large bloodstain on the floor of the master bedroom [255].Though I may have warranted an initial look by police, I did not deserve detectives' headlong rush to judge me guilty to the exclusion of all other explanations. Yet this reckless attitude was apparent in their actions:
Rather than treat the crime scene as if they might be after an unknown attacker who'd left the scene, detectives just moments after arrival used their bare hands to systematically touch each door knob and window closure at all exit points from our house [
185], destroying any latent fingerprint evidence at those points [186]. Though supposedly only a "possible witness" at the time, I was held handcuffed behind my back in a locked and guarded police car [261] until being transported into the secure underground garage of Van Nuys police station [264] several miles away. Police refused my father's request that he instead be allowed to take me to the hospital with him to be with he and my mom at that trying time [262], and Monsue refused my similar requests both before and during the interrogation to let me go to the hospital [265] and conduct the interview later, or to let me wash my mom's dried blood from my hands [267]. He refused to call the hospital to check on her condition for me [266]. He later admitted having considered me a suspect well before I was taken to Van Nuys police station [260] and that I had riot been free to leave the crime scene [263] and would have been stopped had I physically tried, a fact he'd earlier denied. Owing to these facts, and the accusatory, disgusted looks Monsue shot at me en route to Van Nuys station [659], I certainly felt like an accused suspect.Yet detectives' conduct only worsened as they carried out their shamelessly biased investigation, repeatedly obscuring, mischaracterizing, destroying and outright lying about evidence in their dogged obsession to see me convicted of this crime at any cost.
1. Detective Monsue perjured himself in his signed, sworn application for a warrant to search my car.
127].a) Monsue swore that "AT THE CONCLUSION OF THE INTERVIEW, DETECTIVES NOTED, NUMEROUS DISCREPANCIES IN WHAT BRUCE LISKER TOLD DETECTIVES AND THE PHYSICAL EVIDENCE THAT WAS LOCATED AT THE CRIME SCENE INVESTIGATION" [
But he later testified that it was "ABOUT HALFWAY THROUGH THE INTERVIEW, WHEN I REACHED THE POINT IN THE INTERVIEW WHERE I CONSIDERED HIM A SUSPECT" [
128]. The Appellate Court ruled that my resulting Miranda rights advisement should have been delivered before the interview was even begun [268]. Yet the account given the search warrant judge contained not a hint of this timing discrepancy. Perhaps Monsue felt the warrant would have been less than forthcoming had the judge known of the actual circumstances?b) Monsue swore that when the warrant was sought, my car "IS POSSESSED BY A PERSON WITH THE INTENT TO USE IT AS A MEANS OF COMMITTING A PUBLIC OFFENSE OR IS POSSESSED BY ANOTHER TO WHOM HE MAY HAVE DELIVERED IT FOR THE PURPOSE OF CONCEALING IT OR PREVENTING ITS DISCOVERY" [
127].This is obviously untrue. Police impounded my car when I was arrested before Noon on March 10. It was never possessed by any citizen, regardless of intent, nor had I been free to deliver it to anyone, because I was in custody at the time.
c) Finally, Monsue's Follow Up police report was attached as an addendum to his Statement of Probable Cause, which in turn was filed with and incorporated "AS IF FULLY SET FORTH HEREIN" within the sworn Affidavit for Search Warrant. As a result, when he swore his oath on the Affidavit to the judge, Monsue also swore that each of the report's forty six (46) inaccuracies, misstatements of fact and outright lies were the truth [Cf. § III (
3), (7);§ IV (2) (a) through (y), (3) (a), (4) (b) (e) (g) (k) (l), (7), (8), (9), (11) (a), (14), (15); § VIII (1); § IX (1) through (5)].2. Monsue's Follow Up report is rife with factual and other errors. (These are listed below in the order in which they appear in the report, not in order of significance.)
129].a) According to the report, when LAPD officers George Prado and G.M. Derousseau arrived at our residence they found me "RUNNING AROUND IN THE DRIVEWAY OF THE LOCATION" [
In fact, cross examination of the officers indicated that they had observed me walking hurriedly towards them [
270]; not running, and not moving "around" in any way.b) The report read, "DETECTIVES ENTERED THE CRIME SCENE AND OBSERVED A LARGE AREA OF BLOOD ON THE FLOOR AT THE END OF THE ENTRY HALLWAY" [
132].Beyond the fact that Monsue could not substantiate this supposed large area of blood when presented with a photo of the entry hall on the witness stand [
84], or that he later admitted having seen only small areas of blood there [592], or that my dad similarly hadn't 'seen such a large area [107], the straightforward, unambiguous wording of this important passage was anything but clear in its early draft form. (Two working copies of the report were included in the LAPD "Murder Book" on my case, and allow a glimpse of Monsue's 'creative process' at work.) The passage in the draft report originally read:"DETECTIVE OBSERVED THAT THERE WAS A VERY LARGE SPOT"
A portion was then x'ed out with a typewriter and the passage made to read:
"DETECTIVE OBSERVED THATxTKXRExWA3x#xV2RXxRAR6R
SROT NUMEROUS SPOTS OF BLOOD ON THE FLOOR IN THE
ENTRY HALLWAY"
This version was then edited by hand and in Monsue's characteristic printing made to read:
"DETECTIVE OBSERVED TRRAffxTRER$xWA8xAxi[xRA"R BROT NUMEReHS SP6'PS AF B£6AD hid THE FLeAR IN THE ENTRY HALLWAY THAT THERE WAS A LARGE AREA OF BLOOD ON THE FLOOR IN THE ENTRY HALLWAY."
This final draft version was in accord with the issued report. Its vague wording decreased the likelihood of Monsue being tripped up on the witness stand by photographs which portrayed neither a "very large spot" of blood, nor "numerous spots of blood" on the floor. It seems unlikely that this editing was done with accuracy as its goal, as the essence of the final passage still does not convey that only one blood spot larger than a quarter existed on the floor surface there.
c) Monsue wrote in the report that he could not see into the house through the rear windows "WITHOUT PLACING HIS FACE UP AGAINST THE GLASS" [
23]. His implication was clear: neither could I.But the report is at odds with his own subsequent admission that yes, if I'd gotten up close to yet still not touched the window/s I could ".'conceivably" have seen inside [
24] as I said I had. And several others had, like me, been able to see inside through the rear windows, including Monsue's partner Landgren [28], LAPD photographer Michael Wilson [5], and attorney Robert Johnson [3, 4].d) Monsue also wrote that the position of the sun shade awning above the living room window required "SOMEONE LOOKING INTO THE WINDOW TO BEND DOWN AND CLIMB UNDER IT TO LOOK INTO THE WINDOW" [
31]. Detective Landgren agreed that the awning was broken and hanging low [33].But Monsue later admitted he could look beneath the awning simply by bending down. on the sidewalk; he did not have to enter the five foot wide planter separating the sidewalk from the window and awning, nor climb beneath the awning itself [
32]. Landgren was similarly able to squat down on the sidewalk and look into the window [33].e) According to the report, "DETECTIVES OBSERVED SEVERAL FOOTPRINTS IN THE MUD ALONG THE EAST SIDE OF THE HOUSE. THE FOOTPRINTS LED IN THE DIRECTION OF THE KITCHEN WINDOW SUBJECT USED TO ENTER THE HOUSE" [
135]. The would contradict my account of having run both ways over the dirt; away from the window to get the pliers, and then back again to enter.However, two-way impressions are obvious in crime scene photos held in LAPD possession since the day my mom was murdered. These pictures corroborate my account exactly.
The three police photos, a shoe print by marker "C" clearly points north -- away from the kitchen window -- exposing Monsue's false claim. Impression "C" was made when I ran to my car in the front yard to retrieve the pliers.
[view Police Photos 7, 8, and 9]On other police photos, a print near marker "B" does face the kitchen window, just as Monsue reported. I left this print moments after I did print "C," returning from my car with pliers in hand. [view Police Photos 4, 5, and 6]
LAPD's SID personnel never examined the show prints in the dirst [39], nor recorded them in any way other than in incidental photographs, for later examination by the jury [205]. My trial attorney failed to even speak with a forensic footwear expert about the prints -- Monsue's perjured testimony, and prosecutor Rabichow's trumpeting it, were the only words the jury heard about this crucial evidence.
f) Monsue wrote, "SUBJECT STATED HE HAD USED THAT [kitchen] WINDOW MAYBE 4 OR 5 TIMES OVER THE LAST YEAR OR TWO TO BREAK INTO THE HOUSE" [136]. Obviously this could mean as few as four times over a two year period (i.e., twice a year) or as many as five times in a single year.
The implication that I may have said I'd entered that window as many as five times in the past year is a lie. My statement, recorded on a tape in his (police) possession as Monsue wrote this report, was that I'd entered exactly three times in two years, not counting that day, when I'd seen my mom on the floor inside [
138]. Monsue's more than tripling that figure is indicative of his deceitfulness throughout my case. Moreover, I said that "in the past" (that is, when I lived at home) I'd used the window to quietly return home without waking my parents when I'd stayed out too late [Id]. My father's account confirmed this [137].g) After tearfully telling him how I'd removed the two steak knives I'd found embedded in my mother's back, Monsue wrote, "SUBJECT EXPLAINED IN DETAIL HOW HE GRABBED THE KNIVES WITH HIS FOREFINGERS AND THUMB, SO THE KNIVES WOULD NOT HAVE HIS PRINTS ON THEM", and then he reiterated the claim at my April 4 juvenile detention hearing [
139].But Monsue later admitted I told him I'd removed the knives in that way so that the killer's fingerprints would not be destroyed [
140], not so mine wouldn't be present.But there's more. During the interrogation, my actual words on the subject were, "I TRIED TO TOUCH THEM THE LEAST I COULD, BUT AT THE MOMENT I WASN'T THINKING ABOUT YOUR INVESTIGATION, I WAS THINKING ABOUT MY MOTHER" [
141]. In light of my statements both before and after this that I'd avoided the blood because it disgusted me [89, 90, 91], and the obvious gruesomeness of the knives, I tried not to touch them very much. Once we were at Van Nuys station and Monsue had involved me in the investigation, the thought occurred to me that my having touched the knives probably did not best serve his investigation, but that at the time I was concerned with my mom and not his police work.h) Monsue wrote "[Bruce] STATED HE CHECKED HIS FATHER'S SAFE IN THE MASTER BEDROOM" [
145].I never said that. I did tell Monsue that as I sat in the police car at the curb, the safe in my parents' bedroom had occurred to me as a possible motive for the attack on my mother, and I then told the police where it was and that they should check on it [
146]. I wasn't in a frame of mind to be censoring what I was saying; my mouth ran as effusively as my mind raced between my fits of sobbing.i) According to the report, I told Monsue that I "HELD HER IN [my] ARMS" [
147]. Such an assertion was obviously at odds with the lack of soaked in blood on my shirts [80].I did use the word "HUGGED" in describing how I stayed with, tended, and placed my hands on my mother, lifting and cradling her head in my hand [
79] and raising her arm to take her pulse [72, 127A, 73] as she lay in the entry hall. But I also immediately clarified myself: "YEAH, I WAS HUGGING, HOLDING HER" [660]. And moments later, having in my mind equated "HUG" and "HOLD" for the detective, I again used the word "HUG," twice. But Monsue's uncompromising criticism of my wording seems hardly fair. How could perfect, unwavering speech be expected of a scared 17 year old who'd minutes earlier discovered his brutalized and dying mother? I'd already told Monsue that I'd been shocked by the blood and had avoided coming into much contact with her, and it, for that reason [89, 90, 91].j) Monsue wrote, "I/0 RECALLED THAT WHILE AT THE HOUSE HE OBSERVED THE TELEPHONE AND NOTED THAT THERE WAS NO BLOOD ON THE HANDLE OF THE PHONE BUT THERE WAS A SMALL SMEAR OF BLOOD ON THE PHONE CRADLE" [
148].Monsue implied that such a stain somehow challenged my account, though he never explained how. Logic not readily offering a rationale for this, I would simply suggest that if it challenged my account of calling for help after discovering my mom, it must be equally damning of his theory that I'd used the phone to summon help as an alibi.
Whatever the case, the supposed smear was never photographed [
211], never tested to verify it was actually blood [212], and the phone was not taken into evidence [213] or evaluated in a laboratory setting.k) According to the report, "DETECTIVES OBSERVED SEVERAL FOOTPRINTS IN THE MUD ALONG THE EAST SIDE OF THE HOUSE. THE FOOTPRINTS LED IN THE DIRECTION OF THE KITCHEN WINDOW SUBJECT USED TO ENTER THE HOUSE" [135]. The would contradict my account of having run both ways over the dirt; away from the window to get the pliers, and then back again to enter.
However, two-way impressions are obvious in crime scene photos held in LAPD possession since the day my mom was murdered. These pictures corroborate my account exactly.
The three police photos, a shoe print by marker "C" clearly points north -- away from the kitchen window -- exposing Monsue's false claim. Impression "C" was made when I ran to my car in the front yard to retrieve the pliers. [view Police Photos 7, 8, and 9]
On other police photos, a print near marker "B" does face the kitchen window, just as Monsue reported. I left this print moments after I did print "C," returning from my car with pliers in hand. [view Police Photos 4, 5, and 6]
LAPD's SID personnel never examined the show prints in the dirt [39], nor recorded them in any way other than in incidental photographs, for later examination by the jury [205]. My trial attorney failed to even speak with a forensic footwear expert about the prints -- Monsue's perjured testimony, and prosecutor Rabichow's trumpeting it, were the only words the jury heard about this crucial evidence.
l) Monsue wrote in his Follow Up report, "SUBJECT STATED HE HAD GONE THROUGH THE PURSE, REMOVING THE WALLET, TO CHECK IF THE MONEY IN THERE WAS GONE" [
151].But I never said that, and no statement exists anywhere in the interrogation transcript to support this inflammatory claim. The report has me saying of the purse, " . . . SETTING RIGHT HERE. HERE WAS, RIGHT HERE. HER WALLET WAS LIKE, RIGHT HERE. PICK IT UP, EVENT, I WENT, ALL I DID WAS LOOK IN THE MONEY SECTION. I JUST WOP!! WOP!! IT'S GONE, SOMEBODY ROBBED HER. AND, I'M NOT SURE, LOOKED, LIKE ALL HER CREDIT CARDS WERE STILL THERE. BUT HER PURSE WAS ALL OPEN, YOU KNOW, IT WAS JUST SETTING THERE ON THIS. MY MAIN CONCERN WAS HER AND OUR, OUR SAFETY, IF THE GUY WAS STILL IN THE HOUSE." [
661]Her purse was sitting opened so that I could see inside. Something Monsue failed to mention was that when I said "WOP!! WON !" I leaned over and craned my neck as I extended a finger to similate how I had looked into the top of the open purse and stuck my finger inside to nudge the wallet, which I immediately saw I didn't need to do because the wallet's cash section was sitting opened, obviously empty.
Where the transcript reads "PICK IT UP, EVENT," my words actually were, "I DIDN'T PICK IT UP, EVEN," which, though not emblematic of grammatical perfection, both makes sense and is germane to the topic under discussion. And Monsue's interpretation of what I said, however, is completely nonsensical. Yet without the actual tape recording to re transcribe, Monsue's suspicious hand transcription [see 5 IV (4) (f)] can't be trusted as reflecting what was actually said.
m) Monsue wrote "SUBJECT WAS CONSTANTLY MAKING STATEMENTS LIKE, 'IF I WOULD HAVE KILLED HER, DO YOU THINK I WOULD HAVE CALLED THE PARAMEDICS AND STAYED AROUND?' " [
153].If I were "constantly" making such statements, surely at least one of them would appear in the fifty two page interrogation transcript, yet it does not. This was just another of Monsue's many calculated lies to force suspicion unduly in the direction of the person he'd already rushed to judge guilty, me, in spite of the truth and an onslaught of exculpatory evidence.
But because Monsue said it, I will say this: it is conspicuously unlikely that a teen killer who'd minutes earlier lost control so completely as to commit a horrible five weapon overkill could devise such an apt alibi, an improvisation only minutes in the making yet which is so plausible, and covers all of my actions beginning the previous evening, and has such a mountain of evidence and the full weight of logic supporting it. [See 5 I. "In Support of My Account" for an analysis of evidence supporting my account.]
n) Monsue wrote, "SUBJECT APPEARED TO HAVE AN UNUSUAL KNOWLEDGE OF PROCEDURES CONCERNING THE COLLECTION OF EVIDENCE AND LEGAL PROCEDURES IN CONDUCTING AN INVESTIGATION" [
154].A subjective statement by a dishonest cop about a smart, perhaps even glib kid whose father was an attorney and who grew up on "Dragnet," "Perry Mason," and "Adam 12" reruns. Not surprisingly, no statements from the interrogation are provided to corroborate this accusation.
o) Monsue wrote, "SUBJECT STATED THE VICTIMS IN THE BOOK ["Helter Skelter," a novel about the infamous 1960's Manson Family murders] WERE KILLED WITH TWO KNIVES AND A ROPE AND COMPARED THESE FACTS TO HIS MOTHER'S DEATH" [
156].No statements are found in the interrogation transcript which support this inflammatory claim.
When my former roommate of several months, and likely murderer of my mother, John "Mike" Ryan, Jr. was asked by Monsue about what the detective characterized as my supposed "FASCINATION WITH THIS HELTER SKELTER AND A THE MANSON FAMILY, AND STUFF" [
663], Ryan, despite having every incentive to want me cast in a negative light to divert suspicion from himself, nevertheless could not substantiate Monsue's claim in any way. He said I did own the book, 'but had never once brought up the topic of 'Helter Skelter' with him [663]. This hardly seems a "fascination," and I feel silly even discussing it, except that Monsue made the accusation.(As mentioned, it should be noted that I did own the paperback book in question, so it is possible I mentioned such a similarity to Monsue. However I don't recall making the statement, and even in the rare chance I did, his amplifying it into a "fascination" seems a transparent attempt to create some connection, for dramatic effect, between my case and what was perhaps the most reviled, incendiary murder case in the history of twentieth century Los Angeles.)
p) Monsue wrote that when he interviewed him, my father "STATED THAT FINALLY, HE HAD MOVED SUBJECT OUT OF THE HOME IN MAY 1982 BECAUSE OF THE PROBLEM..BETWEEN HIM AND HIS MOTHER" [
160].Not exactly. I had long sought my independence, and ever since I'd gotten my car had been suggesting to my parents whenever we argued that my moving out into an apartment of my own would solve all of our problems. They resisted, but when I finally dropped out of high school in May, 1982, my dad felt that in response to my persistent requests, as well as to teach me a lesson in independence, I should get myself out into the world, get a job and begin to support myself. Until I found a job, my dad would pay my rent. I began researching apartments in the papers, and soon found the $210.00 a month bachelor apartment at 6500 Sepulveda, in which I lived at the time of my arrest. This accords with my dad's testimony [
161].While under interrogation Monsue yelled the question at me, "THEN WHY IN THE FUCK AIN'T YOU LIVING WITH HER THERE[?]", to which I answered, "BECAUSE WE DON'T . . . BECAUSE WE COULDN'T GET ALONG LIVING TOGETHER . . . WE JUST DIDN'T GET ALONG" [
662]. Beyond my being pissed off and flustered at his moments earlier telling me he thought I was the one who attacked and tried to kill my mom, this was the same rationale I'd used to persuade my dad to rent me the apartment. "I had to move 'cause we don't get along." They were familiar words that flowed freely when his inquiry was made.q) Monsue wrote that my dad "HAD GIVEN SUBJECT THE EXERCISE BAR THAT WAS FOUND IN THE MASTER BEDROOM. MR. LISKER STATED HE KNEW THAT SUBJECT HAD EITHER PUT IT IN HIS ROOM (i.e., my old room in my parents' house] OR TAKEN IT TO HIS APARTMENT. HE STATED THAT HE DID NOT RECALL THE EXERCISE BAR BEING IN THE MASTER BEDROOM WHEN HE LEFT THE HOUSE AT 0730 HOURS, THAT MORNING. BUT, IF IT HAD BEEN, HE THOUGHT HE WOULD HAVE SEEN IT" [
162].But the bar always belonged to my dad, and was never given to me, and had never been taken at any time to my apartment. My dad testified that the bar's usual location was in our family home, in the master bedroom, where police found it [
273].Mike Ryan, the alternate suspect with an interest in seeing me accused of the crime, nevertheless told Monsue he'd never seen the bar in my apartment or in my room at my parents' house [
664].r) Of my waiting on our driveway while police searched the house, Monsue wrote, "SUBJECT . . . ATTEMPTED TO RE ENTER THE LOCATION SEVERAL TIMES AFTER HAVING BEEN TOLD TO REMAIN WITH THE OFFICER" [
129].But officers Prado and Derousseau told me to stay outside on the driveway while they made their two or three minute search of our house [
311], and I obeyed that order [312], never once crossing the threshold of the front door or even stepping up onto the porch [313]. Prado testified I never pushed or bothered him or his partner to get around him and make for the front door [314]. It was only after I'd been pacing back and forth on the driveway and screaming at the paramedics to take my mom to the hospital where doctors might save her life, and I said I wanted to go back in and help her myself though I made no physical move to do so that the officers put their hands on me, took me to the ground and handcuffed me [Id].s) Monsue also wrote "SUBJECT LISKER BECAME COMBATIVE WITH THE OFFICERS" [
129].Yes, after either Prado or Derousseau, I don't know which, had placed me in a 'choke hold' with one arm around my throat, from behind, and the other pushing my head forward onto that arm, I instinctively began to resist what was being done to me [
314]. In hindsight, and in all fairness, I can not imagine anyone, even someone trained in 'passive resistance' techniques, not reacting in a similar way when surprised with the sensation of being physically choked, particularly after having made the gruesome and shocking discovery which I had minutes earlier.t) The report indicates that upon arrival at my parents' house, I "REALIZED [I] NEEDED A JACK" to effect the repair of my car [
197].In reality, the jack in the trunk of my mom's car was the very reason I'd gone there to perform the repair in the first place. I had all my own tools in the rear seat of my car [
202] and if not for the jack I could have performed the repair in the parking lot of my apartment.u) Monsue wrote, “SUBJECT STATED . . . SHE HAD A HOLE IN THE HEAD” [
136]. I never told him that. According to the interrogation transcript, I said, "MY GOD [unintelligible two or three words). HER WHOLE HEAD WAS DARK RED, I COULD NOT SEE HER FACE. I THOUGHT THAT CUT THAT WAS OVER HER EYE WAS HER EYE, THAT, THAT HOW MUCH I COULD TELL FROM WHERE HER HEAD WAS TURNED . . . " [666].Interestingly, there was no "hole in her head" until Encino emergency room surgeons removed several pieces of her fractured frontal skull in the course of her treatment. But I last saw her as the rescue ambulance drove her down the street away from our house, before the surgical procedure was performed. The resulting hole from the removal of the bone was, however, observed by Monsue when he attended my mother's March 11 autopsy, three days before he wrote and issued his March 14 Follow Up report containing the peculiar, "hole in the head" statement.
v) Monsue wrote, "SUBJECT STATED HE WAS SCREAMING AT THE TOP OF HIS LUNGS AT THIS TIME, YELLING AS LOUD AS POSSIBLE" [
136].Nowhere in the interrogation transcript did I ever characterize how loudly I had screamed. My only comments on the matter were that, after I took the knives from my mom's back, I "STARTED SCREAMING, OH MY GOD! OH MY GOD! TO NOBODY. THE NEIGHBORS MIGHT'VE HEARD, I DON'T KNOW MAYBE THEY DID, WHO THE FUCK KNOWS" [
666].w) Monsue claimed that after I removed the knives from my mom's back, "HE WAS NOT SURE JUST WHAT HE DID NEXT . . . HOWEVER, HE FINALLY CAME TO THE CONCLUSION THAT . . . HE GRABBED TWO LARGE KITCHEN BUTCHER KNIVES, THEN RAN THROUGH THE HOUSE SEARCHING FOR THE PERSON WHO HAD DONE THIS TO HIS MOTHER" [
136].But the very next words I spoke after telling Monsue I'd removed the knives was that I "CALLED THE PARAMEDICS RIGHT THEN, COME OUT HERE, I SAID GET THE PARAMEDICS QUICK. I WAS TALKING SO FAST. THAT HE HAD TO MAKE ME REPEAT IT. THE, THAT GOT ME ANGRY. BUT, I DIDN'T KNOW WHO HAD DONE IT, FUCK, SUCH AN AWFUL THING." [Id] While I did later experience some momentary confusion about the sequence of events, I did clearly tell him what I'd done, and in what order.
x) Monsue admitted in his report that during the interrogation "DETECTIVE MONSUE ASKED IF SUBJECT REMEMBERED SEEING ANY KEYS INSIDE THE DOOR TO HIS ROOM ON THE DESK. SUBJECT STATED, NO" [
148].This passage is merely Monsue's set up for another of his fabricated 'discrepancies.' He said I asked him and his partner Landgren, following the interrogation, "WHY WOULD I LEAVE MY MOTHER'S KEYS ON MY DRESSER?" [
167] prompting the detective to write in his Follow Up report, "DETECTIVE MONSUE NOTED THAT SUBJECT DENIED ANY KNOWLEDGE OF HIS MOTHER'S KEYS BEING ON THE DRESSER WHEN ASKED ABOUT THEM DURING THE INTERVIEW" [168]. Monsue's implication was,clear: my knowledge of the keys was 'guilty knowledge', something only the killer would have known, and I had thus implicated myself.But the wording of the passage itself concedes, and the interrogation transcript confirms, that it was Monsue who'd made me aware of the keys in my room when he asked me at my interrogation, "HOW DID YOUR MOTHER'S CAR KEYS GET INTO YOUR BEDROOM?" [
668]. The specific location "on my dresser" may be something I'd recalled having seen if I'd glanced down the hall to my bedroom as I passed it en route to searching my parents' bedroom, or it may be information fed me by Monsue or Landgren; I don't remember. It may also be another of Monsue's many misquotes or fabrications, as has been his modus operandi in so many areas of my case.y) Monsue claimed;."SUBJECT STATED THAT HIS MOTHER SHOULD HAVE HAD A [sic] $150.00 IN [her]"WALLET.'AHE7~EXPLAINED THAT SHE ALWAYS KEPT ABOUT THAT MUCH MONEY IN HER PURSE",[
152].Despite that my knowing how much money she had in her purse would seem to provide 'motive' under Monsue's theory, the fact is I never did, and there isn't a single statement in the interrogation transcript to support Monsue's irresponsible and dishonest claim.
Monsue claimed I'd been in our family home the evening before the murder when my dad gave my mom her weekly $150.00 shopping money. But my dad stated that "THE $150.00 GIVEN TO MRS. LISKER THE AFTERNOON OF MARCH 9, 1983, WAS GIVEN TO HER BY ME RIGHT AFTER I CAME HOME THAT AFTERNOON. BRUCE LISKER WAS NOT AT HOME WHEN I DID THIS. HE CAME OVER IN THE EVENING OF THAT DAY" [
667].3. Monsue claimed I made several suspicious statements to him and to other Van Nuys police personnel
668] The specific location "on my dresser" may be something I'd recalled having seen if I'd glanced down the hall to my bedroom as I passed it en route to searching my°parents' bedroom, or it may be information fed me by Monsue or Landgren; I don't remember. It may also be another of Monsue's many misquotes or fabrications, as has been his modus operandi in so many areas of my case.a) He said I asked him and his partner Landgren, following the interrogation, "'WHY WOULD I LEAVE MY MOTHER'S KEYS ON MY DRESSER?" [167] prompting the detective to write in his Follow Up report, "DETECTIVE MONSUE NOTED THAT SUBJECT DENIED ANY KNOWLEDGE OF HIS MOTHER'S KEYS ::BEING ON THE DRESSER WHEN ASKED ABOUT THEM DURING THE INTERVIEW" [168]; Monsue's implication was clear: my knowledge of the keys was 'guilty knowledge', something only the killer would have known,
and I had thus implicated myself.But, as stated above, the wording of the passage itself concedes, and the interrogation transcript confirms, that it was Monsue who'd made me aware of the keys in my room when he asked me at my interrogation, "HOW DID YOUR MOTHER'S CAR KEYS GET INTO YOUR BEDROOM?" [
b) Monsue claimed I told officer Douglas Johnson as I sat in the rear of the police car at the curb, "ARE THEY GOING TO ARREST ME? THIS IS SO BAD" [
169].Neither Johnson's written report nor his trial testimony, in which he read into the record the entirety of the notes he made [
170], support this claim [172].c) I drew a pencil diagram of our family home for detective Monsue in the course of my interrogation. The diagram featured a drawn line beginning where I entered the kitchen window, terminating with an arrow beside a figure in the entry hall which I drew to represent where my mom lay when I found her [
173]. As I drew the final segment of this line, I told .Monsue that I,."FELL FROM HERE TO HERE ON MY KNEES AND LANDED RIGHT HERE" [175]. The terminal arrow of the line did not touch the head of the drawn figure [174].Yet Monsue denied there wasFany connection between my drawing the lineand speaking those words' [Id], instead claiming that the line represented only my direction of travel through the house. He also claimed that when I spoke the words " . . landed right here," I was pointing to, but not drawing any line to, the location where I left my feet and landed on the entry hall rug near my mother's head. Despite denying the connection; Monsue never indicated what I was supposedly saying when I drew the line.
Monsue had to deny that the line represented my showing him where I'd come to rest near my mom because such a large part of his accusation of me was his 'interpretation' that I'd knelt right up against her, while the lack of bloodstains on my pants did not accord with such direct contact. But because the line and arrow were my representation of where I'd landed, the line's terminal arrow being placed a slight distance from my mother's head meant that I'd also been I slight distance away from her head, rather than in direct contact with it.
Moreover, is it logical or even conceivable that upon finding my mother in her fragile, injured condition that I would, paraphrasing, "fall from here to here and land right here" in direct contact with her bloody head?
d) Monsue claimed that I'd removed the knives from my mother's back with just my fingertips because I didn't want my own fingerprints to be found on the handles [
139].But Monsue later changed his claim on this matter, saying I'd pinched the knives so that the killer's fingerprints would not be destroyed [140], not so that mine would be absent.
4. Police mishandled much of the evidence in my case.
184]. Yet well before police would later admit that I was their sole suspect, Monsue and Landgren proceeded to each door and window exiting the residence and, with their bare hands, touched each of the knobs and closure mechanisms "to see if they were locked" [185]. This incredible act violated perhaps the most basic principle in crime scene conduct: disturb nothing until it has been documented. Latent fingerprints are a particularly fragile form of evidence, and great care must be taken to preserve and protect them or else they may be destroyed; lost forever [186].a) Upon arrival at the crime scene, detectives were told by officers Prado and Derousseau that nothing had been disturbed inside the house [
But Monsue and Landgren weren't just ordinary cops, they were the elite. Homicide detectives, highly trained and well versed in crime scene conduct. The only way they could have destroyed such evidence is if they had, from their very first moments at the scene, decided that I, and I alone, was the guilty party. There was no need, in their minds, to identify a departed killer through fingerprint evidence. He's out front, handcuffed in the back of a patrol car. This rush to judge, and the resulting bias, is evident in detectives' conduct throughout my case.
b)The pair then claimed that all doors and windows exiting the house, except the ones I'd reported opening, had been "LOCKED FROM THE INSIDE" [
188].This self serving claim was apparently made to try to neutralize the sheer idiocy of their having destroyed fingerprint evidence on the exit points [
see § IV (4) (b), above]. But no photographs were taken of the supposedly locked exit points to substantiate this crucial claim. The two detectives' bare assertions are the only evidence of it, and these same detectives, especially Monsue, have proven themselves deceitful in countless other areas of my case.c) Monsue denied doing anything with the bloodstained entry hall rug on which my mother lay when I discovered her [
189, 190].But it was Monsue who assisted my father the evening of the murder in rolling up the rug and throwing it away in a trash can on the east side of our property [
191].d) Police took no photographs of my car, despite its remaining conveniently parked in the driveway [
192] as they conducted their crime scene investigation, and despite the car's significance to the case. For example, I'd gotten the red handled pliers I used to enter the kitchen window from it [35], and the broken rear shock absorber [193] was the very reason I'd come over.The apparent rationale for not having taken any photos is obvious: It meant detectives could discount my alibi, as corroborated by the car, with no documentation available to disprove their reckless claims.
The car supported my statements in a number of significant ways, and photos of it could have shown this to the jury:
193];i) The broken rear shock absorber was my reason for coming over in the first place [
ii) The "automobile repair tools" Monsue admitted finding in the rear seat of my car [
202] are consistent with my having been preparing to repair my car;iii) The job applicant forms police found in the back seat indicate
I'd been job hunting sometime prior to coming over [
195] in accord with my statement, and my having received ten dollars from my dad the night before [194];iv) The car being backed into the driveway [
196] is consistent with my getting ready to elevate and repair the broken shock in the rear of the car using the bumper jack in the trunk of my mom's 1976 Cadillac Seville, which was parked in the garage [197, 519];v) The nuts and washers I needed for the repair, which I told Monsue I'd purchased [198] en route to my parents' house, were found by police on the center console of my car [
199];vi)A photo of the car's gasoline gauge, with the key in the ignition, would have shown that the gas money I'd gotten from my dad the previous evening for my job hunt that day [
194] had made it, at least in part, into the tank.The fact that I was dressed in shabby, worn work clothes [
200] featuring "numerous dark, textured, non blood stains" [201] (i.e., automotive grease) also corroborated my account of having come to the house to work on my car. Monsue never investigated whether the car's shock was actually broken [203]. He never had the dark, textured non blood stains verified as automotive grease. He never had the nut and washer sizes compared with the car's rear shock absorber to see if they matched, or verified whether or not they had been purchased at the Van Nuys Builder's Emporium that morning [204]. And he never documented, photographed or took into evidence the "automobile repair tools" he found in the back seat of my car [202] to determine if they were appropriate for the repair of a 1966 Mustang's rear shock absorber.In fact, Monsue consistently halted all investigations whenever continuing would have corroborated my account. [
Cf. § IV (5)]e) Police failed to properly document the shoe impressions left by me in the dirt behind our garage. No casts or impressions were taken [205] of these supposedly one-way [206] south-facing [34] prints leading towards the kitchen window. Police claimed that only partial prints, two or three in number, had been found [36]. And LAPD's SID personnel were never even asked to examine the prints [39].
The ambiguity which stemmed from this series of investigative failures allowed Monsue to claim my account of having run both directions across the dirt patch was a lie; that only one-way prints were found and thus I had only crossed the first on my way to the window to enter, rob and kill my mother.
However, two-way impressions are obvious in crime scene photos held in LAPD possession since the day my mom was murdered. These pictures corroborate my account exactly.
The three police photos, a shoe print by marker "C" clearly points north -- away from the kitchen window -- exposing Monsue's false claim. Impression "C" was made when I ran to my car in the front yard to retrieve the pliers. [view Police Photos 7, 8, and 9]
On other police photos, a print near marker "B" does face the kitchen window, just as Monsue reported. I left this print moments after I did print "C," returning from my car with pliers in hand. [view Police Photos 4, 5, and 6]
My trial attorney failed to even speak with a forensic footwear expert about the prints -- Monsue's perjured testimony, and prosecutor Rabichow's trumpeting it, were the only words the jury heard about this crucial evidence.
f) Monsue took the cassette tape of my hour and a half interrogation [
208] and "transcribed" it by hand, writing out what he claimed were its contents in longhand and then having his secretary prepare the official police transcript, not from the tape itself, but from Monsue's handwritten notes [209].The problem with this is clear: any mistakes whether intentional or otherwise present in Monsue's notes were then copied, unedited, into the official typed version, held out to be the verbatim contents of the interrogation. With Monsue's bias already so obvious, and his integrity found so lacking in so many areas of the investigation, this transcript must also be viewed with a jaundiced eye.
If he did not wish to obscure what actually went on in my interrogation, it made no sense for him to have given the transcriptionist his one off notes from which to prepare the transcript, when the bona fide tape was readily available.
g) The supposed 'suspicious pattern of blood' detectives said they found on the telephone [
210] I used to summon help for my mother was never photographed [211], never tested to verify it was actually blood [212], and the phone itself was never taken into evidence [213] or evaluated in a laboratory setting.h) No blood testing was performed on the kitchen sink [
214] despite detectives' implication that a partial footprint which they said "LED TO THE KITCHEN SINK" [122] indicated that I returned there for some reason after entering, contrary to my account.i) Both police and jail house informant Robert Donald Hughes claimed my mother and I had struggled hand to hand, in close quarters, and that she had ripped my shirt in the process [
564].But police failed to have any photographs taken of my unclothed body [
216] or of my hands [215], photos which would have documented my total absence of even the slightest injury [217] such as would be expected if she and I had so struggled. No shirt fibers were found beneath my mom's fingernails [565], as would be expected if she had used her hands to grab and rip my shirt, nor did her hands bear any marks consistent with having performed such an action [Id]. Not one of her fingernails was even broken [Id].j) Monsue claimed that I'd made certain very precise gestures during my interrogation, which Monsue said gave him the clear impression that I was telling him I'd cradled my mother's body tightly in my arms [
218]. He further claimed he could accurately synchronize these supposedFirst, I told Monsue at the interrogation, "I DIDN'T WANT TO PICK HER UP" [89], "I DIDN'T WANT TO MOVE HER OR TOUCH HER" [
90], and "I DIDN'T REALLY WANT TO GET ALL THAT, YOU KNOW, ON MY BODY" [91].Yet then, at my April 4 juvenile detention hearing he seemingly backpedaled, admitting that I hadn't specified how I'd held my mother, just that I'd said "hold her" and indicated having reached for her [
811].But by the time I had my October, 1983 preliminary hearing, Monsue's claims had again become quite elaborate, as he testified that I'd actually indicated to him having "BENT DOWN AND CRADLED HER IN [my] ARM" [
801].Finally, by 1985 he'd created the most detailed scenario yet. For the benefit of the jury, Monsue claimed complete with a demonstration, his first one ever in my case! that I'd actually held my arms out at a precise, 45 degree angle from my body to demonstrate for him just how I'd supposedly held my mother up off of the floor in my arms [
218].The ever increasing levels of detail present in Monsue's accusation demonstrates that it was his own active imagination, rather than any actual gestures I may have made, which formed the basis of his claims against me on this smoke and mirrors 'cradling' issue.
k) Police never attempted to learn what the pre March 10 condition of my outer shirt was, the shirt which they alleged my mother ripped in a struggle with me in the midst of her attack.
Monsue could have sought the answer from my dad in one of the several conversations the two had, but this was never done [
226].The lack of any fibers from my shirt being found under my mom's fingernails [
227], the lack of any markings on her hands consistent with such a ripping [228], and the fact that not a single one of her fingernails was even broken [Id] reveals that Monsue's and his informant's claims of a struggle resulting in a ripped shirt were pure dramatic license having no foundation in reality. Of course, I bore no injuries anywhere on my body [229].l) Monsue claimed that a bloody footprint he said matched mine directly faced our kitchen sink [
230] and proved that I had returned there for some nefarious reason and was therefore the killer.However, this supposed print was not documented in a single photograph [231]. And police claims seemed to fall apart in court proceedings, where it mysteriously shrunk to only the ball portion of a shoe [124].
Curiously, none of the two dozen or so methods then in existence for clarifying faint blood deposits [233] was employed.
Recent independent analysis by the LAPD's own SID, and the FBI labs at Quantico, Virginia, have confirmed that all other bloody shoe prints in the house -- all, like the kitchen print, attributed to me by Monsue and his cronies -- were in fact made by an unknown intruder [see The Los Angeles Times
articles A Case of Doubt: New Light on a Distant Verdict (May 22, 2005); FBI Will Examine Lisker Case (June 10, 2005); and Shoe Print at Crime Scene Not Lisker's, FBI Confirms (August 18, 2005)].Even assuming this vanishing "print" was present, and belonged to me, the only two police theories which remain are fraught with illogic:
First, police might say I'd returned to wash blood from my hands after supposedly killing my mother. And second, they might state I'd returned to set the window up to make it appear as if an intruder was responsible for breaking in and committing the murder.
Of course, neither makes any sense considering that blood on my hand (from lending first aid to my dying mother) remained there when police arrived minutes after my calls for help [187]. And that police neither observed nor chemically detected any blood in or around the kitchen sink, on the red-handled pliers I'd used to enter, or the window sill, screens or glass panes [238], precluding both a hand-washing and a bloody-handed crime scene staging at the location.
m) Concerning the order of phone calls I'd placed after discovering my mom, Monsue said, "I WOULD HAVE LIKED TO HAVE KNOWN [what phone company records showed] IN TERMS OF THAT BEING IMPORTANT, YES" [
235].Yet he never checked, commenting in a paradox which he has never adequately explained, "I saw no importance at all" in learning what the records showed.
But Monsue's rationale seems clear. The phone calls, placed in the exact order I indicated to him, corroborated my account of my activities at the house. Better for him to leave it a mystery than to substantiate his suspect's story.
Remarkably, a 10:22 A.M. call placed from our house, about forty minutes before my 11:00 o'clock arrival, was made to a number which differed from suspect Mike Ryan's mother's phone by only its final digit [
Cf. § VII (3)]. Six out of her seven digits match. Perhaps this was Monsue's reason for saying he hadn't examined our obviously important March 10 telephone records?n) My mother's purse was altered between detective Landgren's first observing it, and when police photographs were taken of it.
Landgren testified that when he first saw the purse, none of its contents were removed or strewn around [
316]. And while he claimed police had not gone through the purse at the location [317], police photographs of my mom's purse clearly showed papers removed from it, strewn about on the love seat [318].