OWNERSHIP OF TEMPLE MURDERS WEAPON REMAINS UNRESOLVED

by Brian Downing Quig 2-15-95

SEREECHAI OVERSEAS, a major Thai language newspaper with the largest U.S. circulation requested permission to translate portions of the last two issues of the GRAPEVINE which intensively covered glaring defects in the investigation and prosecution of the murder of 9 Buddhists in a West Phoenix Temple August 10, 1991. In Asia the murder of a monk is considered the most heinous crime possible. There was a day of national mourning in Thailand which marked the funerals.

The GRAPEVINE learned from the editor of SEREECHAI OVERSEAS that last year Dr. Sutsin Nopkhet, chairman of the Human Rights Committee of the National Thai Assembly traveled to the United States and interviewed Jonathan Doody and was convinced that Jonathan Doody was innocent of the murders. Dr. Nopkhet proceeded to Washington D.C. where he lobbied appropriate agencies of the U.S. government and the United Nations. We learned also of a HARVARD educated monk who lived at the Temple who was likewise convinced of Jonathan's innocence.

As of this writing neither the Maricopa County Sheriff nor the Maricopa County Attorney can produce a Firearms Transaction Record showing title to the alleged murder weapon. This is the Bureau of Alcohol Tobacco and Firearms (BATF) Form 4473.

On Wednesday Feb. 8th. 1995 Editor Kevin Birmbaum and writer Brian Quig arrived at 11:00AM at the Tolleson K-MART where Mrs. Caratachea purchased the Marlin Model 60 .22 caliber rifle alleged to be the weapon that killed the 9 Buddhists. The Bureau of Alcohol, Tobacco and Firearms advised that the only copy of the Firearms Transaction Record, which is the only record that signifies ownership of a firearm, is located only at the point of the sale. BATF regulations require gun retailers to store these records in a safe place so that they can be made available to BATF on demand. If the store goes out of business these records are transferred to BATF.

From the K-MART store Chief Jesse Locksa, Head of Investigations for the Maricopa County Sheriff's Office, was notified that the only existing copies of the Firearms Transaction Records for Sheila Caratachea and Rebecca Peterson, the other party involved in the gun store ledger "discrepancy" were on hand and that a deputy should be dispatched to take possession of these crucial documents. Locksa insisted that a copy of the Peterson Firearms Transaction Record must be in their records but after an hour and a half he could not locate this. This form was notated as "attached" to the Supplemental Report distributed to local media by Maricopa County Attorney Rick Romley but no media representatives reported receiving the Peterson gun ownership record.

Locksa stated that "he did not have time to send a deputy" and was emphatically reminded that records were altered and that the opportunity for other alterations should not be allowed. Six hours passed. Sheriff Arpaio was reached on his mobil phone at 6:00 PM in his car and put on the line with the K-MART store manager. The next day a deputy was dispatched and the Rebecca Peterson Firearms Transaction Record was secured.

According to Locksa the serial number on this form was identical to that on the form of Mrs. Caratachea. This was not the serial number of the alleged murder weapon. This is the form that is signed by the purchaser and the gun store sales clerk at the point of purchase. The gun being sold is required by BATF regulation to be on the counter as the form is signed and the serial number is taken right from the gun. It is like the title to a car. It establishes gun ownership. If there was any "error" the purchasers would be required to come down to the store to sign corrected BATF forms. A fine of up to $10,000 can be assessed for non compliance with these regulations.

This new information resolves nothing. There is no Firearms Transaction Form establishing ownership of the murder weapon. There are two forms with the same serial number. No one has checked the serial number of the Peterson rifle.

The gun store ledger, which Kimbal says he conficated and took to the Task Force HQ in his PHOENIX MAGAZINE interview, has clearly been altered. The serial number of the alledged murder weapon has been written in the space where the number on Mrs. Caratachea's BATF title was originally written.

Printed enlarged on this page is the section of the gun store ledger which has obviously been altered. The serial number that was originally recorded for the rifle Mrs. Caratachea purchased is crossed out and the serial number of the weapon claimed by the DEPARTMENT OF PUBLIC SAFETY Crime Lab to be the murder weapon is written in. The serial number for Rebecca Peterson is also altered and the serial number on the Firearms Transaction Record signed by Mrs. Caratachea is written above the alteration on her form.

The GRAPEVINE made a citizen's request of the Supervisor of Special Agents BATF for an investigation of the altered gun store ledger. This agent, who was clearly interested in pursuing this matter, called back to say that the Special Agent in Charge refused to pursue the matter claiming that BATF had "no jurisdiction." This is purely political. (editor's note: The Special Agent In Charge was John McGaw, later to become infamous for the Waco raid.)

Special Agent In Charge of Arizona FBI Wendell Kennedy denies critical tests of the alledged murder weapon and gun store ledger --- then goes on to deliberately botch OKLAHOMA CITY bombing investigation.

The GRAPEVINE wasted no time in requesting of the local FBI a hand writing analysis of the gun store ledger. Expert investigation of the ink and pressure points in this ledger will reveal if the alteration occurred at the time of the original entry and was a simple mistake or if the alteration was made 3 years later when interest in the rifle developed. Hand writing experts consulted by the GRAPEVINE do not feel the hand writing of the alterations matches that of any of the other clerks working at that time in the store. A quick study by the reader of the alterations will reveal that there are many questions left to be answered. (Editor's note: The FBI Agent In Charge was Weldon Kennedy who was placed in charge of the Oklahoma City bombing investigation.)

INVESTIGATION OF TEMPLE MURDERS NOTE BOTCHED

Let us examine the note written in Thai that was left on the table in the room where the bodies of the 9 Buddhists lay slain. We believe it reveals unmistakable instructions for a drug deal. Directions are clearly given to exit Interstate 10, proceed to a specified location, stop the car and go to a specific public pay phone at a high school in Placentia, California. Then a call is to be made to a private residence not far away. We believe the private residence had "caller ID" on this phone so that when this specific pay phone call came in the caller would be immediately identified. This seems beyond belief that such clandestine instructions would be given for the delivery of aluminum cans, the explanation put forward by Maricopa County Sheriff's Deputy Rus Kimball.

At the bottom of this note written in Thai were the words "the weight is now up to 1,083 pounds." Task Force investigators believed at the time these words alluded to the largest seizure of China white heroin in United States history. Agents in California June 20, 1991 arrested five persons at the Join Sun Corporation warehouse in Hayward and netted 1,080 pounds of 100% pure heroin with an estimated street value of over 2.5 billion dollars. Several investigators were utterly convinced the murder of the monks less than 2 months latter was somehow a retribution for what must have been a painful sting for a major heroin trafficking operation running out of Bangkok, Thailand.

Philip Martin in a NEW TIMES feature article January 13-19, 1993 brings illumination to the manor in which this note was originally investigated.

"And what of the mysterious "Phet" and the Placentia telephone booth? John Albano, of the Phoenix office of the Drug Enforcement Administration, says those avenues were not pursued."

According to Albano, "When this whole thing started, because of the sensitivity of it, we just left that completely up to the County Attorney's Office," Albano says. "As far as I know, we never initiated any investigation on our own; it was housed out of the Maricopa County Attorney's Office. I don't think we have anything at all to add to it."

Rus Kimball's account is given in the October 1993 issue of PHOENIX MAGAZINE. "The Telephone number in the note is in Placentia, California, listed to a man named Phet. The note becomes known as the "Phet note." Phet's house is watched, his phone line is traced. (note: traced not tapped.) But nothing links to the heroin shipment or the temple. Finally, investigators contact Phet --- and M. Morn, who lives with him."

"Turns out the note refers to tin cans."

"Scratching for extra money, the monks collected them and shipped them to California where higher prices were paid for recyclable aluminum. A local "can man" confirms he periodically collected cans from the temple and drove them to Placentia." (Only Kimball seems to know of this "can man".)

This "aluminum can" explanation is patently absurd. One thousand pounds of crushed aluminum cans would require a trailer 12 feet by 17 feet piled 12 feet high. The difference in price offered in California is just pennies per pound --- not enough to pay for gas and truck. One can not rent a U-Haul truck big enough for this mission. The GRAPEVINE traced this cover story to a call to the temple the week after the murders asking "where to send the money for the cans." Payment for crushed cans is typically made when they are turned in. Something is wrong here.

Martins supplies additional evidence supporting a narcotics trafficking scenario at the temple in the same article.

"Temple telephone records obtained by the task force revealed that at least five calls had been placed from the temple to this private residence in Placentia in the six months prior to the murders. Two calls had been placed the week before the murders. Included were calls from the temple to South America, Florida, Las Vegas and Southeast Asia.

"Nine days before the temple murders, someone at Wat Promkunaram called the Thai Tepparod restaurant in Hollywood. The restaurant, which closed recently, was owned by two Thai citizens, one of whom -- Bruranasombat Chow -- is now a fugitive wanted by the FBI for questioning in connection with the contract murder of a police informant. An FBI spokesman says that though there are no outstanding warrants for Chow's arrest, he is believed to be involved with the heroin trade in Florida, Las Vegas, and New York".

The GRAPEVINE finds most disturbing the fact that the expertise and resources of the California DEA and FBI were not used to stake out the Phet house. If Task Force Deputies were used for this operation it is time for big explanations.

FIVE QUESTIONS THE DEPARTMENT OF PUBLIC SAFETY

CRIME LAB DOES NOT WISH TO ANSWER ABOUT THE

TEMPLE MURDERS WEAPON

The GRAPEVINE requested information from W. H. Morris, Jr. relating to the alleged weapon used in the murder of 9 Buddhists August 10, 1991. His signature is on the Scientific Examination Report that identifies the shell casings as having been fired from the Caratachea .22 rifle. Our questions were carefully written down by a deputy and a quick response was promised. THIS IS ALL INFORMATION THAT IS NOW CONSIDERED TO BE PUBLIC RECORD.

1) What was the date and time that the Caratachea .22 rifle arrived at the DPS Crime Lab?

2) What was the date and time that the expended shells referenced in DR NO. 91-32445 arrived at the lab?

3) DR NO> 91-32445 is a preliminary report. Was there any follow up?

4) When did the lab first check out the shells?

5) Can the ejection mechanism on a Marlin Model 60 be exchanged with another rifle?

The GRAPEVINE was notified that we would have to pursue the answers to these questions through the Freedom of Information Act. Perhaps other readers will have better luck. The telephone number of W.H. Morris, Jr. is 223-2394. The number of his boss, Superintendent Todd Griffith is 223-2494.

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