Mark Richards
was also interviewed by the police shortly after the arrest. He denied
any involvement in the murder of his good friend Baldwin and offered an
account of his whereabouts on July 6 that did not ring true. The two
boys arrested with him were his employees, he told Sheriffs Sergeant
Richard Keaton, and then startled his questioner by adding: "The poor
kids -- I mean, I should take the fall for this, not them. OK? You know,
like if somebody is trying to go down [take the blame] for anything."
Keaton asked,
"Why should you take a fall?"
"Well, you know." answered Richards, sinking further into the morass of
his own words and uncertain whether it was better to incriminate the
boys or to defend them, "I understand what it must look like. OK? And
all I'm saying is these are kids. You know, they don't have -- they
wouldn't have had anything to do with anything like this. Dick didn't
owe them any money or anything like that."
After waiting
patiently for the strange monologue to run its course, Keaton confronted
Richards with evidence that he had used Baldwin's credit-cards and
burglarized his home. Richards admitted both allegations, explaining
that the car-dealer owed him money; he had used the credit-cards with
Baldwin's approval in reduction of the debt. He could not plead the dead
man's consent to the burglary, but apparently hoped that the detective
would regard the break-in as a frustrated creditor's last resort. Still,
once it was clear to him that he could not deny possession of some of
the fruits of the crime, Richards backed away from his earlier
"protective" attitude towards his young employees; he told Keaton that
Crossie Hoover had confessed to him the murder of Baldwin.
These first
statements taken from the suspects might have indicated that the killer
or killers of the classic-car dealer had acted from routine theft
motives. However, a police inspection of Mark Richards's house added a
whole new dimension to the case. On July 22 the Marin Independent
Journal reported the results of the search under a towering
headline, "BIZARRE PLOT FOR MARIN COUP?"
The reporter, Erik Ingram,
warned the community, better known for suburbanites relaxing in hot tubs
than for corpses floating in its bay, that behind the Baldwin murder
"may be a secret organization, called Pendragon, that appeared to be
planning an armed takeover of Marin." Ingram reported that among
the detectives' startling finds were maps, aerial photographs of Marin
County, plans for a laser-gun, instructions for the construction of
machine-guns, and "notebooks containing references to a new form of
government"; the investigators had also taken away a number of weapons.
The suggestion
that Baldwin's murder was part of a plot to overthrow the government of
Marin sparked a many-sided controversy. Carl Shapiro, a San Anselmo
attorney representing Richards, called the report of the Pendragon
conspiracy "absurd upon absurd" and asserted that the documents found by
the police were research materials for a science-fiction book Richards
planned to write about a Marin of the future.
Shapiro's explanation was
backed by Richards's wife Caryn, who added rather vaguely that her
husband's fantasy novel, entitled Imperial Marin, might have been
published recently in Los Angeles. The staff of the Independent
Journal could find no such listing in Books in Print.
The local police
were also quick to discount the Pendragon plot. The head of the
investigation team, Captain Richard Douglas, overwhelmed with inquiries
from the media, stated authoritatively: "This is a homicide for
financial gain." He regretted the "silly fantastic stories about some
group taking over Marin" that might result in the trial-venue being
changed from the county at added expense to taxpayers. The
Independent Journal did its best to calm the fevers aroused by its
own uncovering of the Pendragon group.
In an editorial of July 28, 1982,
the newspaper humorously warned against the assumption that "being a
fantasy buff suggests criminal intent." The article cited an array of
local fantasy activities, including the third annual "Battle of San
Pablo Bay," in which "the airmen drop bombs (sacks of flour) on a Gaelic
flotilla (pleasure boats) and then, afterwards, friend and foe share
refreshments."
In a separate news item, the Journal noted the
unfortunate coincidence that a San Francisco shirt manufacturer was
named Pendragon Productions and had as a consequence received numerous
hostile telephone calls since the conspiracy story broke. The newspaper
assured its readers that the shirtmakers were in no way connected with
the crime.
In the weeks
that followed, a number of witnesses came forward with stories
indicating that the Pendragon group in fact existed. Crossie Hoover told
investigators that one of the inducements to the murder was Richard's
promise to appoint him Duke of Angel's Island.
The mother of a Novato
youth informed the Independent Journal that her son had left the
group a month before because Mark Richards "was getting really weird."
Another person close to Richards told the newspaper that Mark was
fascinated with medieval history and talked about taking over all of
California -- a dream that did not prevent his friend from describing
him as "enthusiastic and not at all sinister."
The Independent
Journal also learned of Richards's plans in 1977 to lease the San
Francisco Theological Seminary building for use as a school to study the
future. According to a proposed catalogue, the school, called
Futurecastle, would be an "innovative academic community dedicated to
the origins of a new renaissance." The ambitious project, which was to
provide a faculty including actor William Shatner and writer-producer
George Lucas, came to nothing when the seminary cancelled the lease for
nonpayment of rent.
In a court
affidavit, another teenage employee of Richards, Pete Neal, disclosed
that Hoover was not the only person Richards had solicited to murder
Baldwin. Neal stated that in late May Richards had offered him a
dune-buggy and $1000 as a reward for disposing of the car dealer.
Another young man told the Independent Journal that he had
attended a Pendragon conclave some months ago but found it "too far
fetched" to take seriously. He had been invited to the four-hour meeting
by a friend who had reportedly been paid $500 by Richards to recruit
Pendragon members.
In August 1982 a
preliminary hearing of the charges against Mark Richards was held in the
Marin Municipal Court. The star witness was Andrew, who had been given
immunity from prosecution in return for his testimony about his
participation in the murder plot. Andrew confirmed that Baldwin had been
murdered so that the killers could rob his house and sell his vintage
cars.
The crime had been planned months in advance, and Andrew was to
receive $2000 to stay at the Baldwin house while the murder was in
progress. The young witness had trouble recalling times and dates,
testifying that the three confederates had bought a boat a few days
after the killing; the purchase was in fact made on the evening of the
murder.
Andrew recalled more clearly the trio's misadventures in
disposing of the body; Richards, Hoover and he had put the boat in the
water at the Loch Lomond Marina in San Rafael and returned to Baldwin's
shop, where the body was hidden under a car. After they had brought the
corpse back to the boat in a pickup truck, their troubles had begun.
The
boat engine had stalled several times as they headed out into the bay,
and they had been forced to drop the body closer to shore than planned.
A carton of weights intended to sink the corpse to the bottom of the bay
had broken the rope binding it to the body, so the small outboard motor
had been substituted. Asked by Richards's attorney Shapiro whether he
had ever considered going to the police prior to the murder with a
report of Richards's plot against Baldwin, young Andrew seemed offended
by the notion: "We weren't going to turn Mark in just because he was
talking about killing somebody."
Judge Gary
Thomas was satisfied by the evidence offered at the hearing and ordered
that Richards be committed for trial.
Before the trial
began, the lawyers battled over the maximum punishment that could be
imposed in the event of conviction. On April 9, 1983 it was announced
that the Marin district attorney's office would not seek the death
penalty because of Richards's lack of a criminal record. However, the
prosecution filed statutory charges that, if proved at trial, would
justify life imprisonment without parole.
Three of these so-called
"special circumstance" allegations were sustained in a pre-trial ruling
by the appellate court which found adequate ground for the district
attorney's claims that the alleged crime was a murder for financial
gain, in connection with a robbery, and in preparation for a burglary.
Despite this adverse ruling, in December Richards was ordered released
on $250,000 bail pending his trial, which had been rescheduled during
the appeal for early 1984.
On January 11
the defence filed a motion seeking to prohibit use of any evidence
relating to the Pendragon conspiracy. Dennis Riordan, one of the defense
lawyers, argued that the alleged financial motive for the murder
reflected in the special-circumstances charges filed by the prosecution
had no relation to the Pendragon group. He voiced the concern that a
jury of Marin residents would be prejudiced by the introduction of
documents that would be claimed to reflect a bizarre plot for an armed
takeover of the county.
In response,
Deputy District Attorney Berberian sidestepped the question of the
reality of the Pendragon plot, contending that the prosecution was
entitled to show that Richards had used his dream of conquest as a means
of manipulating two teenagers who were "not mental giants." Berberian
further suggested that if the defendant could persuade the boys that
Marin could be turned into a kingdom, he could also incite them to help
murder Baldwin.
A week later, Marin Superior Court Judge E. Warren
McGuire ruled that the Pendragon evidence was admissible, basing his
ruling on a California Supreme Court decision to the effect that Charles
Manson's relationships with other members of his cult were relevant to
the murders of actress Sharon Tate and others in 1969.
When the
long-delayed trial at last began, Carl Shapiro acted as Mark Richards's
chief counsel. In his opening statement, Shapiro charted a line of
defense that was an elaboration of the tack taken by his client in the
first police interview: Richards, he argued, had participated in the
attempted coverup of Baldwin's murder but had done so only out of
misguided loyalty to his teenage employees, Hoover and Andrew, who had
clubbed and stabbed the victim in the course of a burglary of his home
in which Richards took no part.
Deputy District Attorney Berberian, in
the prosecution's opening statement, claimed that it was Richards who
had masterminded the killing in order to clear the way for the burglary.
He told the jury that handwriting experts would testify that it was
Richards, not the two teenagers, who had signed checks and credit card
receipts in Richard Baldwin's name and had also used the dead man's name
in applying for credit at a stereo store. Exercising the authority he
had been given by the pre-trial ruling, Berberian announced his
intention to show that Richards had formed the Pendragon group.
The
prosecution, he explained, did not undertake to prove that Richards was
planning a takeover of Marin county, as some Pendragon members believed,
but would seek to establish that the defendant had used the group to
"manipulate and condition Mr. Hoover to accomplish the murder."
The
prosecution's evidence began with a videotape of the classic-car shop
and evidence that the police had gathered there, including a
blood-smeared and broken baseball bat. The jury also heard a recording
of Richard's interview with the police.
A college
student who had worked for the contracting firm in the summer of 1982
testified to his surprise that in the days following the murder Richards
had purchased a boat, new video equipment, and jewelry for his wife.
These signs of affluence struck the witness as particularly odd since
his first paycheck from Richards had been dishonored by the bank.
When
the witness had noticed on the floor of the defendant's garage a safe
that had been "punched open," Richards had explained that it had been
given to him by a person for whom he had done remodeling work. The
witness had alerted Marin detectives after another employee told him
that Hoover had been boasting about killing a man and burglarizing his
home.
This
introductory evidence was followed by the testimony of the prosecution's
"baby-faced" star witness, Andrew. According to him, Richards had first
mentioned the idea of killing Baldwin on July 1, 1982. He had told
Andrew and Hoover that Baldwin owed him money, was a "Nazi" and a
"faggot," and that it "would be a service to the public to get rid of
such a menace."
After the murder, Richards had expansively asserted that
"if we made enough money, he could use some of it to buy guns for Pendragon," but Andrew was skeptical, continuing to believe that money
was the motive. Richards, he testified, needed cash to save his
contracting business from bankruptcy.
The contractor had told his two
young confederates that they might raise as much as $50,000 by selling
Baldwin's property, including shop equipment and vintage cars. Andrew
also described a nervous moment during the launching of the boat at
the Loch Lomond yacht harbor: they had been noticed and questioned by a
security guard, but had apparently satisfied him with their answers.
When they returned to the marina with Baldwin's shrouded corpse, the
guard questioned them again but let them pass. It was perhaps just as
well for the guard that he had not looked more closely, for all three
men were armed with pistols. Andrew stated that Richards had told him
that Baldwin's classic-car collection could be sold through a Fresno
automobile dealer named John Carrington.
The latter, who
was the next witness, testified that he had read part of Richard's
science-fiction manuscript, entitled Pendragon, and that "it
involved the separation of Marin from the rest of the country."
At this point
the trial was interrupted by a startling diversion: Judge McGuire
ordered special courtroom security measures after hearing the
prosecution's allegation that the defendant had been seen with a gun.
The judge announced that he would rule later on a motion by Deputy
District Attorney Berberian that Richards's bail should be revoked and
he should be returned to jail.
The judge's action was based on testimony
from San Rafael detective-sergeant Ted Lindquist. He had been informed
that Linda Lipes of San Rafael, who was dating Richards (divorced from
his wife since the murder), once felt a gun under Richard's coat and on
another occasion saw a pistol in the glove compartment of his car.
When Miss Lipes
was called to testify, matters began to take a comic turn. She said that
Richards had identified himself as Francois Ragocazy, a South American
consular official, and had introduced his mother, Lois, as an aunt.
Apparently fearing that she might recognize him from newspaper
photographs, he had told her that a cousin, named Mark Richards, was in
trouble with the law. When she asked him why he kept a gun in his car,
the fictitious diplomat had told her that he needed it for "political
reasons."
Defence attorney Shapiro put Richards on the stand to respond
to Miss Lipes's testimony. Everything she had said was true, he
acknowledged, but he had not known that the gun was in the glove
compartment of the car, which he had borrowed from his father. He had
quite a different explanation for the gun's presence when Berberian
asked him to clarify his comment to Miss Lipes that it was there for
political reasons. Richards answered: "I see this trial as political.
You and Lindquist are trying to save your necks from a bad bust
[arrest]."
After hearing the testimony, Judge McGuire ruled that the
evidence that Richards knowingly possessed a pistol was not strong
enough to justify either increasing the bail or returning the defendant
to prison.
The trial
resumed with additional evidence regarding the operation of the
Pendragon group. Mike Fuller, a former employee of Richards, stated that
Willie Robles, a fellow employee, had approached him about joining
Pendragon and that Richards had later warned him that he would "be
eliminated" if he said anything to outsiders about the group. Robles had
testified earlier that Richards paid him to recruit members.
A friend of
the defendant told the jury that Richards had taken him to the top of
Mount Tamalpais to show him the promised land of the new Marin and to
demonstrate his plan for the insurrection; Richards had said that "we
could blow up the Golden Gate Bridge down there, and we could blow up
the Richmond-San Rafael Bridge and destroy the Richmond oil refineries.
And if we went farther north and blew up the bridge to Petaluma, Marin
would be isolated."
Richards's
friend said that he did not take these grandiose remarks seriously.
The prosecution
also introduced the testimony of Michael Waller, an expert from the
state crime laboratory. Waller stated that microscopic examination of
television cable seized in Richards' pickup truck at the time of the
arrest positively matched the cable used to wrap Baldwin's body.
Berberian then put before the jury a collection of bank and accounting
records that showed the perilous state of Richard's finances shortly
before the murder.
The
prosecution's case concluded with the testimony of the security guard
who had challenged Richards and his two young employees at the Loch
Lomond Marina; a Mill Valley man who had sold Richards the boat on July
6; and Richards's former wife. Caryn, who had now reassumed her family
name, Cerutti.
She stated that on the night of the dumping of the body
in San Pablo Bay, her husband had left home at about 11:30 p.m. and had
not returned until 3:00 a.m., when he had fallen into a deep sleep. Caryn told the jury of her surprise that Richards could afford the boat
or even the charm bracelet that he had presented to her shortly after
the day of the murder.
The defense
attempted to challenge the prosecution's chronological reconstruction of
the crime by calling a witness who swore that he had seen Richard
Baldwin alive on the night of July 6, 1982. Robert Hudsmith testified
that his shower drain was plugged and that between 10 and 11 p.m. he had
gone to a chimney-cleaning firm located near The Classic Car to try to
borrow a "snake."
At the chimney cleaner's, an assistant named Devon Hird had told Hudsmith that she did not have a snake but suggested he
borrow one from Baldwin. Hudsmith did not follow her advice because he
knew that the car dealer did not lend his tools -- but he clearly
recalled seeing Baldwin talking to friends at his shop. Hird confirmed
Hudsmith's story.
This defense
testimony proved to be a three-day wonder. On Thursday, rebuttal
evidence gathered by Detective Lindquist proved that Hudsmith had been
mistaken as to the date. The prosecution introduced a rental agreement
showing that Hudsmith had rented a plumber's "snake" in the early
afternoon of July 6 and returned it half an hour later; he had visited
the chimney cleaner's and seen Baldwin a week earlier, on June 29.