Larry Eyler, the Highway Murderer
By Michael Newton
Road Kills
By any standard, the Highway Murders case was an
investigators nightmare. A brutal killer roamed at will across the
American Midwest, targeting male prostitutes and hitchhikers, hacking
them to death and discarding their mutilated bodies in rural locales,
sometimes buried in clusters with weird ritual trappings. At least ten
victims were killed before members of various law enforcement agencies
realized their separate cases involved a single predator. Even then,
years of suspicion and police harassment in the gay community prevented
witnesses and traumatized survivors of the crime spree from
communicating with authorities.
The Highway Murders spanned four states and 14
counties, from southeastern Wisconsin to north-central Kentucky. At its
worst, the case highlighted breakdowns in communication at the city,
county, state and federal levels, while the slayer--or slayers--was free
to hunt from Chicagos mean streets and the gay bars of Indianapolis to
small farming communities. Even after a task force was formed and a
prime suspect was identified, the murders continued--13 more, in fact,
to haunt police as they pursued their man.
Knowing a killer and confining him are sometimes very
different things, as illustrated in this case by careless, bungled
searches and interrogations, leading to judicial suppression of critical
evidence, freeing the murderer to kill again. Even surveillance failed,
as rivalry between police departments and inept communication left the
slayer free to travel widely, often unobserved. For a time, it seemed as
if the stalker was unstoppable--until his own clumsy arrogance landed
him back in court and ultimately sent him to death row.
But even then, the Highway Murders case had more
surprises left in store. The slayer caged was thought to work with an
accomplice--a respected academic from a leading Indiana university--and
he agreed to testify against the man he claimed was both the mastermind
and gloating witness to his vicious crimes. That trial and its surprise
result added another twist to one of Americas most convoluted serial
murder cases and left the conclusion in doubt--perhaps forever.
Pattern Crimes
Nineteen-year-old Steven Crockett was the first known
victim of the Highway Killer, stabbed to death and discarded in a
cornfield outside Kankakee, Illinois, 40 miles south of Chicago and
fifteen miles east of the Indiana state line. Discovery of his mutilated
corpse on October 23, 1982 raised no alarms outside the immediate area
of Kankakee County.
Number two, although unrecognized as such for nearly
seven months, was 25-year-old John R. Johnson. He vanished from Chicagos
grubby Uptown district, a neighborhood of rootless drifters and
transplanted Appalachian hillbillies, one week to the day after Steve
Crocketts body was found. Missing for two months, he was found near
Lowell, Indiana--some 35 miles northeast of where Crockett was found--on
Christmas Day.
Police in Illinois and Indiana had no reason to
suspect the two crimes were related, and since the FBIs National Center
for Analysis of Violent Crime would not begin computerizing records of
unsolved murders until June 1984, there was no handy method to check on
similar crimes in different states. The Highway Killer was a busy
predator, however, and he would soon provide authorities with evidence
of his existence.
Sadly, they chose to ignore it.
Two more mutilated bodies were found by Indiana
police on December 28, 1982. The days first victim, 23-year-old Steven
Agan, had left his mothers home in Terre Haute to catch a movie with the
boys and never returned. Found in a wooded area near Newport, in
Vermillion County, Agan had been slashed across the throat and stabbed
repeatedly about the abdomen, leaving him disemboweled. Relatives called
to identify the body insisted that the white tube socks found on his
feet in death were not a part of Agans wardrobe.
Victim number two for December 28 was John Roach, a
21-year-old Indianapolis resident, stabbed to death in a maniacal frenzy
before his body was dumped along Interstate Highway 70 in Putnam County,
thirty-odd miles southwest of his home. Again, the connection in two
separate cases--drawn from separate jurisdictions, forty miles apart and
separated from each other by Parke County--might have been missed,
except for a quirk of fate.
Since neither Vermillion nor Putnam Counties had
their own forensic pathologists, both victims were sent to Bloomington
Hospital, for examination by Dr. John Pless. The crimes, while not
identical, were similar enough that Dr. Pless was moved to suspect a
serial killer at large. Before days end, Pless reported his suspicions
to the Indiana State Police--who in turn dismissed him as an alarmist.
The killers next victim may have been 22-year-old
David Block, a recent Yale graduate who vanished on December 30, 1982,
while visiting his parents in Chicagos affluent Highland Park suburb.
Blocks new Volkswagen was recovered from the Tri-State Tollway near
Deerfield, north of Chicago, and while he remained missing, authorities
noted that Deerfield lies in Lake County, Illinois--sixty miles north of
Lake County, Indiana and the scene of John Johnsons death. By the time
Blocks skeletal remains were found near Zionsville, Illinois on May 7,
1984, advanced decomposition and exposure to the elements ruled out
definitive pronouncement on the cause of death.
Members of the Chicago and Indianapolis gay
communities already recognized what police were loath to admit: that a
serial killer of gays was at large and trolling for victims across the
Midwest. The crimes revived ugly memories of John Wayne Gacy--then on
death row at Menard, Illinois--but Gacy had concealed his victims, while
the Highway Killer seemed to flaunt his crimes. By January 1983, a gay
newspaper in Indianapolis had established a hot line for tips on the
case and profiled the killer as a self-loathing homosexual who killed
his one-night partners to refute unwelcome desires. Local police, for
their part, still refused to link the crimes and had no luck prospecting
for leads in the citys gay bars, where their appearance was regarded as
a threat and violation.
The next verified Highway victim was 27-year-old
Edgar Underkofler, found stabbed to death outside Danville, Illinois on
March 4, 1983. As in Steven Agans case, the killer had removed
Underkoflers shoes and stockings, replacing them with white tube socks
the victim never owned.
Jay Reynolds was the sixth to die, the 26-year-old
proprietor of an ice cream shop in Lexington, Kentucky. Reynolds left
home to close his business on the night of March 21 and never returned.
His mutilated corpse was found the next day, discarded along U.S.
Highway 25 in rural Fayette County, south of town.
Aprils first victim--and number seven on the Highway
Killers confirmed hit parade--was 28-year-old Gustavo Herrera, found by
construction workers in Lake County, Illinois, near the Wisconsin border.
A resident of Chicagos Uptown district, Herrera was a father of two, but
he also frequented local gay bars. Aside from multiple stab wounds, his
killer had cut off Herreras right hand and removed it from the scene
where he was found on April 8, 1983.
Another victim surfaced in Lake County one week later,
on April 15. The youngest killed to date, he was 16-year-old Ervin
Gibson, found outside Lake Forest. Gibsons body had been crudely
camouflaged with leaves, and he was found stretched out beside the
lifeless body of a dog. Detectives noted that both victims had been
dumped near exit ramps for Interstate Highway 94.
The slayers first black victim, 18-year-old Jimmy T.
Roberts, was found in Cook County, Illinois, near the Indiana border, on
May 9, 1983. A Chicago native, Roberts had been stabbed more than thirty
times, after which the killer pulled his pants down and rolled his body
into a creek. The water had removed any signs of sexual assault, but a
sadistic motive was clear, as in the eight previous crimes.
The case changed forever when another victim was
discovered on May 9, 1983. Discovered in a field beside Indiana State
Road 39, in Henderson County, 21-year-old Daniel McNeive was a sometime
street hustler from Indianapolis. He had been stabbed 27 times, one of
the abdominal gashes leaving his entrails exposed. Because Henderson
County had no forensic pathologist, the corpse was sent to Bloomington
Hospital--and Dr. John Pless once again saw marks of a familiar hand at
work. Disturbed, Pless reached out for the state police a second time.
This time, they listened to him and believed.
The Suspect
Six days after McNeives corpse was discovered--on May
15, 1983--members of several Indiana law enforcement agencies gathered
to discuss the Highway Murders. Meeting in Indianapolis, they organized
a task force, formally christened the Central Indiana Multi-Agency
Investigative Team. Lieutenant Jerry Campbell, from the Indianapolis
Police Department, was assigned to lead the team, assisted by Sergeant
Frank Love from the state police.
A month later, on June 14, fifty officers from eight
jurisdictions gathered to review a score of unsolved murders, all
involving young men or teenage boys who were stabbed or strangled to
death, their bodies dumped along highways throughout the state.
By the time of that second meeting, the task force
already had a prime suspect on tap. June 6 brought a phone call from
Indianapolis, naming 31-year-old Larry Eyler as the Highway Killer. The
caller had no direct evidence of murder, but alluded to an incident from
August 1978, when Eyler had attacked hitchhiker Mark Henry at Terre
Haute.
Eyler had given Henry a ride on August 3, then drew a
butcher knife when Henry rejected his sexual overtures, swerving onto a
dark side street where he forced Henry into the bed of his pickup truck,
stripped and handcuffed his victim, then bound Henrys ankles and began
stroking his body with the knife. Terrified, Henry broke free and
hobbled from the truck, Eyler pursuing him and stabbing Henry once, with
force enough to puncture a lung. Henry played dead, whereupon Eyler sped
from the scene. Left alone, Henry had staggered to a nearby trailer
court and roused a tenant there who drove him to the hospital.
Eyler, meanwhile, had also stopped nearby, choosing a
house at random to confess his crime and surrender a handcuff key.
Police found him waiting in his pickup and arrested him, confiscating a
sword, three knives, a whip, and a canister of tear gas. Bond was
initially set at $50,000, reduced to $10,000 on August 4 by a
sympathetic judge, whereupon one of Eylers friends posted $1,000 as
surety for his release.
Charged with attempted murder, Eyler beat the rap on
August 23, after his lawyer gave Henry a check for $2,500 and Henry
declined to press charges. Judge Harold Bitzegaio had dismissed the case
on November 13, 1978, after charging Eyler another $43 in court costs.
The Henry stabbing was not Eylers only contact with
police. Three years after that incident, in 1981, he was arrested for
drugging a 14-year-old boy and dumping him unconscious in the woods near
Greencastle, Indiana. That victim had also survived, his parents
dropping charges when he left the hospital with no lasting damage.
Larry Eyler seemed to lead a charmed life, but he
came from humble beginnings. The youngest of four children, born at
Crawfordsville, Indiana in December 1952, he saw his parents divorce
when he was still a toddler. Dropping out of high school in his senior
year, Eyler later earned his GED and dabbled at college, attending
sporadically from 1974 through 1978, finally quitting without a degree.
He favored military T-shirts and fatigues, but never served in uniform.
Of late, he lived in Terre Haute with Robert David Little, a professor
of library science at Indiana State University. Eyler worked part-time
at a Greencastle liquor store and frequently drove to Chicago on
business unknown.
By July 1983, task force members were focused on
Eyler as their only suspect in the Highway Murders case. FBI profilers
were less certain, noting evidence of separate killers in at least two
of the homicides. Indiana officers concentrated on Eyler, since they had
no other prospects. He was shadowed daily, photographed as he traveled
to and from work, followed to various bars after dark. No murders were
committed while Eyler remained under surveillance, but skeletal remains
of an eleventh victim--this one unidentified--were found in Ford County,
Illinois on July 2, 1983. Investigators dutifully added the corpse to
their list.
On August 27 police trailed Eyler to an Indianapolis
gay bar, watching as he left a short time late, with another man. Eyler
drove his one-night stand to a Greencastle motel, where they rented a
room. The move broke Eylers pattern, which favored open-air sex in the
bed of his pickup--complete with a plastic-wrapped mattress--and
officers feared they might miss a homicide in progress while they idled
outside the motel. Finally, one of them crept up to the room and peered
through the window, jogging back to report no evidence of any violent
crime.
Manhunters didnt know it yet, but they had mounted
their last stakeout on the man whom they believed to be the Highway
Killer.
The Break
Near midnight on August 30, 1983, 28-year-old Ralph
Calise left the apartment he shared with a girlfriend in the Chicago
suburb of Oak Park, Illinois, near Uptown. Calise liked to party and
often disappeared overnight, but he never returned from this excursion.
A tree-trimming crew found his mutilated corpse on August 31, in Lake
Forest, near the sites were Gustavo Herrera and Ervin Gibson were
murdered in April 1983.
Calises slaying seemed to fit the Highway Killers
pattern. Found naked to the waist, his pants pulled down, the victim had
been stabbed seventeen times with a long-bladed knife, virtually
disemboweled. Marks on his wrists suggested he was handcuffed prior to
death. Tire tracks and footprints at the scene offered police their
first real traces of the killer who had claimed at least a dozen lives.
Background investigation on Calise revealed a
troubled life. He had dropped out of college in his first semester,
compiling a record of arrests for drug possession, arson, and episodes
of violence. Police recommended psychiatric treatment, but Calise had no
money for counseling and a stint with the Salvation Army failed to turn
his life around. Known to friends and family as a heavy drinker and drug
user, Calise was living on welfare when he met his killer in August.
A review of the Illinois cases to date told police
that four Highway Killer victims-- Crockett, Johnson, Herrera and Calise--had
lived in or near the Uptown neighborhood before they were murdered and
dumped in outlying districts. More to the point, Herrera and Calise had
once lived only two doors apart, on North Kenmore Street. Around the
time these revelations broke--on September 3, 1983--Illinois detectives
also learned for the first time of Indianas ongoing investigation into
four similar cases.
The interstate connection grew more plausible when
Chicago officers heard about Craig Townsend, taken from the Uptown
neighborhood on October 12, 1982, by a man who drove across the state
line, drugged and beat him, then dumped him semi-conscious near Lowell,
Indiana. Transported to Crown Point for treatment, Townsend fled the
hospital without describing his attacker to police. He was missing in
September 1983, but authorities had his mug shot on file, taken after an
arrest for drug possession.
On September 8, 1983, investigators from Waukegan and
Indianapolis converged on Crown Point, Indiana, for a conference on the
Highway Murders. FBI agents were invited to attend the gathering,
providing a psychological profile of the slayer from the bureaus
Behavioral Science Unit at Quantico, Virginia. That profile described
the killer as a macho man who affected military garb and patronized
redneck bars in a bid to deny his own sexuality. Murder after sex was
the ultimate denial, certain corpses covered with leaves or loose dirt
to negate the final act.
Indiana detectives agreed that the profile seemed to
fit Larry Eyler in all respects, from his Marine Corps caps and T-shirts
to his drinking and high-speed night drives in his pickup. Informed of
Eylers frequent visits to Chicago, Illinois police gave their Indiana
counterparts photographs of tire tracks and footprints from the Calise
murder scene, for future comparison against Eylers pickup and boots.
They also agreed to keep watch on Eyler if he surfaced in Chicago.
Before the month was over, Indiana state police would
have their chance to stop the Highway Killer--but the opportunity would
find them grossly unprepared.
Caged
On September 30, 1983, Chicago police spotted Larry
Eyler cruising for dates in a district favored by male prostitutes.
Rolling surveillance was established, officers watching from their cars
as Eyler picked up one young man, then dropped him off a few blocks
later. Detectives swarmed to question him about the meeting, their
witness explaining that he had rejected Eylers offer of money for sex
because he simply wanted to party.
Surveillance continued as Eyler drove around Uptown,
finally stopping for Arkansas transplant Darl Hayward. In the pickup,
Eyler offered Hayward $100 for sex, specifying bondage as his preference.
Hayward resisted briefly, then agreed. Still unaware of the detectives
tailing him, Eyler lost them by driving south on Interstate 90, leaving
Chicago behind and crossing into Lake County, Indiana. Despite their
suspicions of a possible murder in progress, no one from the
surveillance team alerted Indiana officers that Eyler was headed their
way with a potential victim.
East of Lowell, Eyler parked along the highway and
persuaded Hayward to remove his shirt. That done, Eyler convinced his
date to leave the truck and hike across a nearby field, to have sex in
an abandoned barn. They were returning to the pickup when State Trooper
Kenneth Buehrle passed by, a few minutes before 7:00 A.M., and saw the
truck parked illegally, two men emerging from the woods. He stopped to
question them, intending--so he later said--to issue a citation for
parking illegally beside an interstate highway.
All that changed in a heartbeat, when Buehrle took
Eylers drivers license and radioed his dispatcher to check for
outstanding warrants. Task force members working on the graveyard shift
heard Eylers name on the air and rushed to the scene. They questioned
both men, then handcuffed Eyler and drove him to the state police
barracks at Lowell, his truck was towed along behind.
At the Lowell barracks, Hayward finally admitted that
Eyler had offered him money for sex. No cash had changed hands by the
time Trooper Buehrle arrived, though, and Eyler still had the C-note in
his pocket. It was 1:30 P.M. before detectives questioned Eyler,
considering a new charge of soliciting prostitution. Examination of his
boots revealed nicks on the soles that resembled plaster casts from the
Calise crime scene, and Eyler surrendered the boots without protest. He
also consented to a search of his truck, believing that police would do
it anyway, whether he agreed or not. A bloodstained knife was removed
from the pickup and Illinois detectives were summoned to Lowell, but
they had not arrived when Eyler was released--without his boots, a phone
call, or advisement of his legal rights--at 7:00 P.M.
Next morning, shortly after 4:00 A.M., Lt. Jerry
Campbell led a squad of officers to Robert Littles home in Terre Haute.
This time they had a search warrant. Among the items seized were
handcuffs and credit card receipts from Eylers room, plus telephone
records found in the kitchen. Eyler was not arrested and his pickup was
not impounded, as police withdrew to study their haul of potential
evidence.
The phone records surprised them, revealing a pattern
of long-distance calls to Littles home number, placed from various
locations, often in the dead of night. Three calls from Illinois
especially intrigued authorities. One had been made from Cook County
Hospital on April 8, 1983, a few hours before Gustavo Herreras body was
found. A second was traced to the home of John Dobrovolskis, on Chicagos
Mid-North Side. The third call was made from a number later disconnected,
leaving officers to speculate in vain on its source.
Inspired by the Dobrovolskis lead, Lake County police
visited his home on October 3 and found Eyler there, his pickup parked
outside. On impulse, they seized the truck and took Eyler in for
questioning, assuring him that he was not under arrest and would not
need a lawyer. By the time Eyler finally requested an attorney, at 4:00
A.M. on October 4, he had already confessed to having a long-term affair
with John Dobrovolskis--himself a married man with children--and
admitted he preferred to bind his partners prior to sex. Released at
4:40 A.M. without his truck, Eyler took the morning train back to
Chicago and the Dobrovolskis home.
Shortly after his release, two mushroom hunters found
a mans dismembered torso in a plastic trash bag, discarded near Highway
31 at Petrified Springs Park, in Kenosha County, Wisconsin. An autopsy
revealed that the head, arms and legs had been severed with a fine-toothed
saw, and that the torso had been drained of blood. Although the severed
parts were never found, X-rays identified the victim as 18-year-old Eric
Hansen, a street hustler from St. Francis, Wisconsin, last seen alive in
Milwaukee on September 27.
And the grim discoveries continued. On October 15, a
farmers plow turned up skeletal remains of a John Doe victim in Jasper
County, Indiana, southwest of Rensseler. The bones were notched by knife
wounds, indicating death by stabbing. Four days later, mushroom hunters
stumbled on the Highway Killers private graveyard. At a long-abandoned
farm outside Lake Village, Indiana, four more victims were discovered in
varying states of decomposition. Three were white males, planted close
together, while a black victim had been segregated from the others, on
the far side of a tree. Inside a nearby barn, detectives found a
pentagram and an inverted cross--considered signs of Satanism--painted
on a sagging rafter. Two of the victims would remain forever nameless;
the others were identified as 22-year-old Michael Bauer and 19-year-old
John Bartlett.
News of the discovery brought two surviving victims
forward. Ed Healy wrote police from West Virginia, recalling the night
of June 1, 1980, when Larry Eyler handcuffed him for sex, then beat him
for an hour and threatened him with a shotgun. Jim Griffin, from
Chicago, identified Eyler as the man hed taken home for sex on November
30, 1981. At Griffins home, Eyler had turned violent, beating Griffin
with his fists, threatening him with two knives and an ice pick. Police
also located Craig Townsend on October 26, 1983, recording his account
of an attack by Eyler twelve months earlier.
At the same time, a noose of scientific evidence was
tightening around Larry Eyler. FBI lab technicians found human blood,
type A-positive, on the knife removed from Eylers truck, and distinctive
nicks on the soles of his boots were matched to plaster casts of
footprints from the Calise murder scene. When they cut the boots open on
October 26, technicians found more blood--again A-positive, Calises type--inside,
soaked through the inner lining. Handcuffs seized from Robert Littles
home were found consistent with the marks left on Calises wrists. The
tires on Eylers truck, likewise, matched casts of tracks from the Calise
crime scene.
A preliminary hearing was convened in Waukegan,
before U.S. District Judge Paul Plunkett, on October 28, 1983. Various
witnesses described the evidence connecting Eyler to Calises murder and
he was held over for trial, jailed in lieu of $500,000 bond.
Investigators from four states heaved a collective sigh of relief.
But they were premature.
Freedom
Attorney David Schippers knew a bad search when he
saw one. Once a prosecutor in Chicago, he brought his knowledge of
police methods with him when he entered private practice. Now, as Larry
Eylers lawyer, he was instantly alert to problems with the evidence and
statements gathered by investigators working on the Highway Murders
case. On December 13, 1983 Schippers filed a motion to suppress all
evidence collected in the case, including Eylers statements to police on
September 30 and October 3-4, plus items seized in various searches of
his truck and Robert Littles home, conducted on September 30, October 1,
November 1 and November 22, 1983.
The suppression hearing convened in Lake County,
before Judge William Block, on January 23, 1984. Testimony spanned four
days, with witnesses including seven police officers, John Dobrovolskis,
his wife Sally, and Larry Eyler himself. In each case, Schippers tried
to show a pattern of negligent and illegal behavior by investigating
officers, suggesting that the evidence they seized and statements they
recorded should be inadmissible at trial.
State Trooper Kenneth Buehrle was first on the
witness stand, describing his stop of Eyler and Darl Hayward on
September 30. On cross-examination Buehrle admitted that Eyler had
committed no offense except illegal parking on the interstate. Indiana
State Police Sgt. Peter Popplewell recalled Haywards comments of
September 30, then admitted leaving those statements out of his official
report. Prodded by Schippers, Popplewell also granted that it was
unusual for citizens to be handcuffed and jailed for twelve hours, with
their vehicles impounded, for illegal parking. Sgt. John Pavlakovic
noted that he ordered Eylers removal to Lowell in handcuffs, still
insisting that Eyler was in custody but not under arrest.
Prosecutor Peter Trobe opened the January 24
proceedings with a tape recording of Eylers statement on September 30,
1983. Task force Sgt. Frank Love next described his interview with Eyler,
admitting that the task force had no evidence to charge Eyler with a
crime when he was jailed. Love also conceded that he was rather
concerned by Eylers 12-hour confinement, in the absence of probable
cause for arrest. Another task force member, Sam McPherson, said Eylers
boots were close enough to the Calise tracks to merit investigation--but
he could not explain why Eyler was released, if the boot evidence
incriminated him.
Eyler took the stand on January 24, admitting that he
gave consent for officers to search his pickup, claiming that he feared
he would be held in jail until he acquiesced. Confused and frightened,
Eyler said he had agreed to everything his captors asked for, in a bid
to win release.
Detective Dan Colin was first on the stand for
January 25, describing most of the Highway Killers victims as gay
hustlers. Ralph Calise, he admitted, had no such record, and the murder
scene betrayed no evidence of sexual assault. State police corporal
David Hawkins recalled that the search warrant for Robert Littles home
was lost overnight, apparently misfiled at the Vigo County courthouse.
John and Sally Dobrovolskis described police barging into their home
without warrants or permission on October 3. John recalled that Sgt. Roy
Lamprich not only rejected Eylers plea for an attorney but ordered
Dobrovolskis not to call one.
On February 2, Judge Block ruled that there had been
no justification for jailing Eyler on September 30 or searching his
pickup. Every act that followed was a direct consequence of the illegal
arrest and detention for those investigative purposes, Block said. Facts
contained in a police affidavit for the October 1 warrant on Littles
home were also insufficient to support a legal search. The seizure of
Eylers pickup on October 3 was tainted but permissible, since Eyler had
granted permission. It was a small concession, and too little to support
a case. The judges order ruled out any use in court of Eylers boots, his
handcuffs, or the bloody knife. Nothing remained except the tire tracks,
of a relatively common type.
Eyler was free. Fearing harassment by police in
Indiana, he immediately pulled up stakes and settled in Chicago. There
was nothing that police could do but watch him go.
Guilty
At 6:00 A.M. on August 21, 1984, the janitor of an
apartment house on West Sherman Street, in Chicago, set out to prepare
his buildings garbage dumpster for the morning pickup. He found it
overflowing with gray plastic trash bags and began to remove them. In
the process, one bag slipped from his grasp and fell to the pavement,
disgorging a severed human leg.
Police were summoned and found that the other trash
bags held dismembered remains of a young white male, his body cut into
eight pieces. Witnesses recalled watching a tenant of the house next-door
deposit the bags around 3:30 P.M. on August 20. One identified the man
as Larry Eyler, a tenant at 1618 West Sherman. Eyler had seemed strange
the day before, with a glassy look to his eyes. Asked why he was dumping
trash in a neighbors bin, he replied, Im getting rid of some shit.
Police raided Eylers apartment at 7:00 A.M. and
caught him in bed with John Dobrovolskis. He was jailed for questioning,
while the dumpster remains were sent to the Chicago Police Departments
crime lab, there identified as 16-year-old Danny Bridges. Fingerprints
lifted from the trash bags matched Eylers, and he was formally charged
with first-degree murder at 8:00 P.M. Evidence found in his apartment
included numerous bloodstains, a box of trash bags matching those from
the alley, a hacksaw, and a T-shirt owned by Danny Bridges.
Prosecutors announced their intent to seek the death
penalty, states attorneys Mark Rakoczy and Rick Stock assigned to handle
the case. Eylers hopes for acquittal rested with public defenders Claire
Hilliard and Tom Allen. David Schippers declined to represent Eyler at
trial, but agreed to serve Hilliard and Allen in an advisory capacity.
Eyler pled not guilty to the murder charge on
September 13, and legal maneuvers delayed his trial for nearly two years.
Finally, the proceedings opened in Cook County Criminal Court on July 1,
1986, before Judge Joseph Urso. Jurors convicted Eyler of all counts on
July 9, but his fate would be decided in the trials penalty phase,
beginning on September 30--three years to the day since he was stopped
by Trooper Kenneth Buehrle in Lake County, Indiana.
On October 3, 1986, Judge Urso sentenced Eyler to die
for killing Bridges; Eyler was also sentenced to fifteen years in prison
for aggravated kidnapping and five years for attempting to conceal his
victims death.
There were still appeals to be filed, but all in vain.
Three years after he was condemned--on October 25, 1989--the Illinois
Supreme Court affirmed Eylers conviction and capital sentence, fixing
his tentative execution date for March 14, 1990.
Repentance
Appeals proceeded on Eylers behalf, with the
anticipation that he could spend years--even decades--on death row. The
cases first new surprise surfaced in October 1990, when Vermillion
County prosecutor Larry Thomas announced that he was reopening the Agan
murder case. A month later, Eyler agreed to cooperate with Thomas and
named an alleged accomplice in that slaying. Eyler made his formal
statement to police on December 4, 1990, including a comment that I ask
God to forgive me, because I can never forgive myself.
Four days later, detectives served search warrants at
the Terre Haute home of Professor Robert Little, and at Littles office
on the campus of Indiana State University. The items seized included
numerous videotapes and some 300 still photographs, including snapshots
of Larry Eyler posed in jockey shorts and boots, holding a riding crop.
Detained at City Hall, Little answered preliminary questions, then
demanded an attorney when the subject matter changed to murder. His
lawyer was summoned but never arrived, and Little was soon released
without charges.
On December 13, Eyler was escorted to Clinton,
Indiana escorted by Vermillion County Sheriff Perry Hollowell. On
arrival, he pled guilty to the Agan murder and agreed to testify against
Little at trial. Eylers statement to Judge Don Darnell included the
claim that on August 19, 1982, [Little] asked me, did I want to play a
scene--allegedly their code for a staged homosexual act, climaxed by
murder. They picked up Agan together, Eyler said, and drove him to an
abandoned farm building off Route 63, where he was bound, suspended from
a rafter, and stabbed to death. According to Eyler, Little photographed
the murder in progress and kept Agans T-shirt as a souvenir.
On December 18, Eyler returned to Clinton for a
polygraph test, which he reportedly passed. Little surrendered the same
day, in Terre Haute, and pled not guilty to first-degree murder. He was
held without bond, suspended with pay from his university post pending
disposition of the case. On December 28--eight years to the day after
Steve Agans body was found--Eyler received a 60-year prison term for the
crime.
Suddenly, Larry Eyler was a hot property in Indiana.
Prosecutors from five more counties contacted his attorneys, offering
60-year prison terms if Eyler would confess to unsolved murders in their
jurisdictions. He agreed, offering to clear twenty homicides in return
for commutation of his death sentence, but Cook County prosecutors
flatly rejected the deal on January 8, 1991.
Justice?
Robert David Little made an unlikely monster. At age
fifty-three, a respected professional and former president of the
Indiana Civil Liberties Union chapter in Terre Haute, he was regarded by
colleagues as innocuous. His worst mistake, most of them said, was
opening his home to Larry Eyler between 1975 and 1984--a lapse in
judgment that now threatened his very life.
Jury selection for Littles trial began at Newport,
Indiana, on April 9, 1991. Prosecutor Mark Greenwell was matched against
defense attorneys Dennis Zahn and James Voyles. Opening statements were
made on April 11, Greenwell telling jurors that Little had conceived a
murder plan on the night of December 19, 1982, after watching the
violent porn film {Caligula} with Eyler. A copy of the film on videotape
had been seized when police searched his home in December 1990, but
nothing else was found to support the murder charge. It rested entirely,
as Greenwell admitted, on the testimony of convicted killer Larry Eyler.
Without his statement, we dont have a case, Greenwell said.
Littles defenders countered with a claim that Eylers
statements were self-serving lies. He hoped to save himself by
sacrificing Little, they maintained. This is Larry Eylers story Voyles
observed, what he has chosen to tell you eight years afterward. To
discredit the lie, Voyles and Zahn planned to prove that Little was in
Florida, visiting his parents, on the night Steven Agan was killed.
Eyler was the states first witness on April 11,
repeating his tale of murder inspired and directed by Little. Eyler
claimed that Little joined in stabbing Agan, then masturbated while
Eyler finished the job. When he was done, Eyler said, Little had lowered
his camera and complained that it went too fast. A new twist was added
with Eylers claim that Little--not Eyler--had murdered Danny Bridges in
Chicago.
Two more prosecution witnesses--Mark Miller and Keith
Hegelmeyer--testified on April 11 that they had posed nude while Little
snapped photographs, but neither recalled any violent behavior and their
testimony added nothing to Littles acknowledged interest in nude
photography.
Agans grisly murder was portrayed for jurors on April
12, Greenwell displaying photographs and bloody clothes before
criminologist Michael Goldman described how Agans body was cut open and
his intestines were hanging out in the open. Pathologist John Pless
confirmed that Agans murder was the worst case Ive seen without the body
having been cut into pieces. Still, nothing was produced connecting
Robert Little to the crime.
The defense case was simple, branding Eyler a liar
and presenting an alibi that placed Little hundreds of miles from the
crime scene. His mother testified that Little never missed a Christmas
visit to Tampa between 1958 and 1990, adding that he had arrived in
Florida before December 19, 1982. A neighbor confirmed Littles presence
in Tampa, but thought he might have arrived as late as December 22 or
23. Greenwell produced documents proving that Littles car had been
repaired at a Clinton, Indiana, garage on December 21, 1982--with the
bill paid in cash--but none of his witnesses from the garage could
remember who brought in the car. Money had also been withdrawn from the
automatic teller at Littles bank, shortly after midnight on December 22,
1982, but again there were no witnesses to the transaction.
Little declined to testify, putting his trust in the
jury, and his faith was rewarded with acquittal on April 17, 1991. Mark
Greenwell declared himself a little disappointed, but not surprised by
the verdict, freely admitting that star witness Eyler had gross
credibility problems.
The sole convicted Highway Killer ran out of time on
March 6, 1994. Stricken with AIDS-related complications, Eyler died that
day in the infirmary at Pontiac Correctional Center. Before his death,
he confessed to twenty-one murders, vowing that he was joined in four of
the crimes by an accomplice still at large. Eylers lawyer announced her
intent to aid survivors of those victims in suing the alleged accomplice
for wrongful death, but no such litigation has been filed to date.
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