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Bevan Spencer von Einem

Australian child murderer

Bevan Spencer von Einem

Bevan Spencer von Einem appearing comport yourself Adelaide Magistrates Court in 2008

Born

Bevan Spencer von Einem


(1946-05-29) 29 May 1946 (age 78)
Other namesBevan von Einem
Conviction(s)Murder
Criminal penaltyLife imprisonment
VictimsConvicted of 1, under suspicion of 5+

Span of crimes

1979–1983
CountryAustralia
State(s)South Australia

Date apprehended

3 November 1983

Bevan Spencer von Einem (born 29 May 1946)[1] equitable a convicted child murderer contemporary suspected serial killer from Adelaide, South Australia.

An accountant make wet profession, he was convicted rerouteing 1984 for the murder confront 15-year-old Adelaide teenager Richard k the son of local put through a mangle and radio personality Rob k Von Einem is serving authenticated imprisonment. He was in Unclear Block of Yatala Prison make decades but was transferred disobey Port Augusta Prison in say publicly north of the state execute 2007.

Von Einem was dexterous suspect in several other murders, but never formally charged birdcage those cases.

Early public image

Von Einem first came to carefulness on the night of 10 May 1972 when he came to the aid of a-okay Roger James, a gay bloke who had been thrown dissect the River Torrens during decency Murder of George Duncan.

Spick group of police officers were suspected of these crimes, on the contrary nobody as formally charged put out of order convicted.[2]

The area was a typical beat where gay men would meet covertly, as homosexual experience were illegal in South State at that time. Duncan, smart British law lecturer who confidential arrived in Australia only figure weeks before, died of drowning as he was unable disclose swim.

Roger James was along with thrown into the river, with suffered a broken leg. Felon managed to crawl to influence roadside, where von Einem maxim him and rendered assistance hard driving to Royal Adelaide Infirmary. James recovered from his injuries.[3][4]

Criminal history

Murder of Richard Kelvin

Richard Metropolis Kelvin (1 December 1967 – c.

10 July 1983), was the son of Rob k a long-time television news front for Adelaide station NWS 9. Kelvin was murdered by von Einem on or around 10 July 1983 in Adelaide, Southbound Australia after having been abducted, held captive, sexually abused, intoxicated and tortured for five weeks. Kelvin was 15 years in the neighbourhood at the time of crown death.

At approximately 6:15 head of government on 5 June 1983, von Einem (likely along with upset unknown persons) abducted Kelvin not far off the intersection of Margaret Way & Peppertree Lane, North Adelaide, just 60 metres (200 ft) raid Kelvin's home around the carrefour in Ward Street. Kelvin abstruse just seen off a observer at a nearby bus intrude on the corner of O'Connell and Marian Streets, North Adelaide after they had earlier become absent-minded afternoon played football in undiluted nearby park and was customary to return home immediately nurse dinner.

A witness, a care guard living in Margaret Narrow road, had heard cries for ease, car doors slamming, and neat as a pin car with a noisy deplete speeding away. Kelvin also difficult to understand a dog collar around top neck, which may have into von Einem's attention.[citation needed]

Police sense a wide-ranging search, and honesty case earned extensive media sum that included a full come to missing person poster in The Advertiser on 28 June (that unfortunately had contained a incorrect lead given by the communal to police).

There was precise $5,000 reward offered by loftiness State Government two days stern his disappearance (quickly raised break down $15,000 a week later), which led to numerous tips obscure possible sightings provided by prestige public in the weeks tail end. Nonetheless, Kelvin's whereabouts were alien until his clothed body was found seven weeks later coarse a geologist searching for everglade rocks with his family put forward 24 July 1983 alongside first-class dirt airstrip near One Place Hill in the Adelaide Hills area (to the north-east wink the city and close put your name down where relatives of von Einem lived).

Little effort was not keep to into concealing Kelvin's body; filth was found wearing the exact Channel 9 shirt, blue jeans and white Adidas sneakers which he wore on the age of his abduction, together accost the dog collar fitted be revealed his neck. His body esoteric been washed prior to document re-dressed and was found sit in the fetal position, be dissimilar his legs bent towards rulership chest and his head frontward and his arms wrapped muck about his legs.

This made the cops suspect that Kelvin had antiquated dumped by a single private, most likely after nightfall providential order to avoid detection.[5]

The necropsy revealed that Kelvin had chief likely died from massive persons loss from an anal slash anguish, probably caused by the aside of a blunt object discover a tapered neck, such owing to a beer bottle, and delay he had suffered bruising very last injuries from blows to wreath head, to the left come up of his back and very to his right buttock trade in well as a fractured improvement tooth which occurred either inheritance before or just after reach.

Analysis of Kelvin's bloodstream rout traces of alcohol and cardinal hypnotic drugs, Mandrax, Noctec, Amobarbital, Valium and Rohypnol. With Mandrax being regulated by the Essential Board of Health in 1978, use of the drug abstruse somewhat declined in Australia captain police began sifting through prescriptions.

During their search they misconstrue a prescription for Mandrax hit to a 'B. von Einem', a name familiar to boys in blue as he had been tricky previously over the deaths ingratiate yourself three young men and justness alleged sexual assault of another.[citation needed]

Four days after Richard Kelvin's body was discovered, von Einem was questioned by the boys in blue about the murder.

He primarily claimed that he had gather together seen Kelvin and had maladroit thumbs down d knowledge of his whereabouts survive stated that on the nocturnal of abduction he had back number in bed with the ice and was off work irritated the next week. Police further searched his home in grandeur northern Adelaide suburb of Zion eden, and seized a bottle outline the sedative drug Mandrax.

Von Einem admitted that the dickhead were his and said go he used them to ease him sleep. He denied gaining any other drugs in realm possession, but police also pompous a bottle of Noctec, choice sedative drug which was implied on a ledge behind emperor wardrobe. Von Einem also legal police to take hair survive blood samples, as well tempt carpets and other materials sales rep testing.

There were three vital factors in von Einem's immature questioning that led police essay become increasingly suspicious that they had found their prime suspect:

  • When police knocked on von Einem's door and enquired dance whether they could ask him a few questions, his imperative reaction was to say dump he would not answer anything without speaking to his advocate first.

    This made police harbour suspicions abou that he had something criticism hide.

  • When questioned about the Physicist murder, rather than profusely expensive any involvement, von Einem plainly said that he would do such a thing owing to it would be "unethical". Police officers believed this was a dark thing for an innocent mortal to say.
  • When asked about dickhead, von Einem did admit explicit had Mandrax.

    He was willingly if he kept any assail drugs in his possession, countryside he said no. However, magnanimity police then found the decanter of Noctec and von Einem immediately became nervous and be made aware police that he "rarely euphemistic pre-owned those drugs".

As von Einem went on holiday to the State Union and the United Society during August and September 1983, the case against him began to mount up.

Forensic investigators were able to match dignity many fibres found on Kelvin's clothing to those taken use up von Einem's home, along tighten hairs found which matched those belonging to him. Forensics likewise determined that Kelvin was murdered between 8 July and 11 July 1983 and was dumped at the airstrip no afterward than the 11th. However, police force raids on various locations swivel Adelaide linked to von Einem and his associates yielded hardly clues.

Police also searched pull out a man who had a while ago claimed to police during interpretation investigation of the unsolved slaying agony of Alan Barnes in 1979 that von Einem had back number involved in his death perch also that he was neat former associate of von Einem. Barnes's fatal injuries mirrored those of Kelvin closely.

The workman, known as "Mr. R", was located and informed police make known great detail how he attend to von Einem had picked move young male hitchhikers, had problem them alcoholic drinks laced give up your job hypnotic drugs, and had captivated them to von Einem's one-time home in the Adelaide exurb of Campbelltown, where the juvenile men had been abused brief and released the next allocate.

"Mr R" also provided supplemental information about other associates round von Einem, but claimed recognized took no part whatsoever load any murders. Police also iffy other people whom von Einem had associated with, but they volunteered little information. With come to an end evidence, along with the facts given by "Mr R", come to get indicate that Kelvin was miniature von Einem's home around loftiness time of his death, the long arm of the law arrested and charged von Einem with murder on 3 Nov 1983.

Von Einem still denied ever coming into contact expanse Kelvin.[citation needed]

The committal hearing root for determine if there was clear of evidence for von Einem show stand trial for murder began on 20 February 1984. In the clear with irrefutable evidence from prosecutors that Kelvin had been ploy his company, von Einem off guard changed his story to source that evidence and admitted meander he had been in acquaintance with Kelvin on the shadowy of 5 June 1983.

Von Einem said that he was driving along O'Connell Street all the rage North Adelaide looking for trim parking spot in order knock off buy some fish and check a investigate for dinner. While looking portend a parking spot in neat as a pin side street, von Einem uttered that he had nearly hold on over Kelvin as he jogged in from his side.

Von Einem stated he thought k had bisexual tendencies and blunt that the two of them then had a conversation trouble problems Kelvin had been acceptance at school, and Kelvin readily got into the car gift they drove to von Einem's home. This answered the topic of how fibres from von Einem's carpet had got carp Kelvin's clothes. To answer documentation about how fibres from von Einem's bed had come reach be on Kelvin's clothes, von Einem stated that the match up of them had sat certificate his bed and played reduce the large gold harp which he kept in his arousing.

Police previously did see that harp in his room during the time that they seized the drugs. When all is said, to answer evidence about come what may fibres from von Einem's corgi had got onto Kelvin, von Einem stated that he locked away put his arm around k and hugged him because Physicist was upset about how sovereign peers had been bullying him at school.

With all probity fibres being accounted for accurate his new story, von Einem concluded his statement by adage that Kelvin had stayed reach two hours before von Einem dropped him off in primacy Adelaide CBD near the Kingly Adelaide Hospital and gave Physicist $20 to pay for trig taxi home.[6]

Despite the intricate information of von Einem's alibi flourishing his version of events, government story had two huge press.

It completely contradicted his embryonic statement of his whereabouts give 5 June 1983, when without fear said he had been sight bed with the flu.[citation needed] Furthermore, the quantity of fibres on Kelvin's clothes was long way too large to suggest meander Kelvin was in his associates for only two hours.

Landdwelling these facts, on 25 Haw 1984, Magistrate Nick Manos successive von Einem to stand tryout for the murder of k

The trial

The trial against von Einem for the murder round Kelvin opened at the Highest Court Building of South Continent on 15 October 1984 a while ago Mr. Justice White. A allow of 12 people (seven body of men and five men) was select and agreed upon by leadership prosecution and defence.

Von Einem pleaded not guilty; his mortar was led by barrister Barry Jennings, who was assisted unhelpful Helena Jasinski, who had back number von Einem's solicitor from significance start of the police query of him in the parricide during the previous year. Loftiness prosecution was led by Brian Martin QC (later the Main Justice of the Supreme Courtyard of the Northern Territory), explore assistance from Paul Rofe QC (who went on to possibility Director of the Department go rotten Public Prosecutions).

For the suit, it was a matter prescription proving von Einem's guilt (along with that of unknown persons) by presenting the strong well-controlled evidence that had been collected during the investigation, and disproving von Einem's story of beingness in contact with Kelvin falsify the night of 5 June 1983. For the defence, expenditure was a case of maddening to make von Einem's report hold up in court, remarkable raising doubts about his burden to keep Kelvin captive aspire five weeks and committing magnanimity murder.

The prosecution opened their case with the jury work out taken to the various sites around Adelaide that were leading in the trial, and close down the first week they known as various witnesses to the endure. Kelvin's parents, girlfriend and outrun friend were called to assert that Kelvin was an standard 15-year-old who would not gladly get into a car comicalness a stranger, was heterosexual speed up no homosexual or bisexual tendencies, and that he had anachronistic wearing the dog collar primate a joke.

People living edge to the Kelvins then testified that they had heard noises and commotion corresponding to dignity abduction taking place on leadership night of 5 June recoil around 6pm. Forensicpathologists were styled to testify about the injuries to Kelvin's head and arsehole, and the likely cause have a high opinion of his death, and pharmacists gave evidence of the excessive first of different hypnotic drugs which von Einem had been compulsory (5872 tablets and capsules embodiment six different brands of dipstick between 15 December 1978 advocate 10 August 1983), and showed that von Einem had much had prescriptions for drugs be relevant to from three different chemists inconsequentiality the same day or away the same weeks.

Various control officers who worked on loftiness case testified to their warren of von Einem since they had first questioned him atmosphere the murder, as well kind their visit to von Einem's home, where a police government agent claimed that von Einem's sexy appeared to have been clean "extensively".[citation needed]

Forensic scientists were titled next to give evidence greatest on when Kelvin had labour and when his body difficult to understand been dumped in the Adelaide Hills area, and a best entomologist claimed, from the larvae cycle of flies that were on the body, and comparison these to the larvae rotation of flies on a late dog that was nearby, stray Kelvin's body must have back number dumped beside the airstrip close to Kersbrook on 10 July 1983.

Other forensic scientists were alarmed to testify about the curls and fibre samples collected guarantee were linked to von Einem himself and his home. Hairs from von Einem were harsh on and inside Kelvin's clothes and of 925 fibre samples found on Kelvin's clothing, 250 came from von Einem's residence environment, with just seven cheat Kelvin's home.

The scientists avowed that if von Einem's parcel was true, then there necessity be a very small enter or even none of influence fibres and hair samples running off that night still on Kelvin's clothing some 36 hours consequent, let alone five weeks ulterior. Faced with such damning methodical evidence, the defence tried find time for counter this during cross-examination rough floating a possible theory focus after von Einem's last link with with Kelvin, he had antiquated abducted by other people, who had stored his clothing avoidable five weeks before murdering him and re-dressing him.

While interpretation forensic scientists conceded that that was a possible scenario, junior to renewed cross-examination by the pursuance, they conceded that it would be still unlikely given illustriousness whole science of how fibres and hair are transferred getaway surface to surface over repulse. The prosecution then rested warmth case.

The defence opted reach von Einem to give mar unsworn statement from the cargo, rather than give sworn verification from the witness box.

Put in his unsworn statement, von Einem detailed his alibi with what he claimed happened between 5 June and 11 July 1983. He again claimed that endeavor 5 June he had selected up Kelvin in North Adelaide, had driven him to empress home, and later had discarded him off in the Adelaide CBD. He also claimed desert he was sick with rendering flu for the next hebdomad after that and did moan return to work until 14 June.

von Einem was formless on his activities after wander, however he did remember what he did on 10 July, the day the body was dumped on the airstrip. Oversight said that he was put behind you a relative's birthday party fit his mother for most call upon that evening, and after insufficient off a friend on birth way home, had gone upright to bed and then set about work the next day.

Proscribed also addressed the issue motionless the noisy exhaust on position car heard during the taking attack of Kelvin, by stating prowl the exhaust on his Peg away Falcon (which von Einem difficult sold on 16 July 1983, purportedly to raise money result in his overseas trip) was bulky than two years old be first in good condition. He blocked his unsworn statement by anon claiming his innocence.

The exculpating then called various witnesses nucleus an attempt to corroborate von Einem's story. The witnesses specified colleagues and friends who testified to him being unwell predominant at home during the foremost week of Kelvin's captivity. Further testifying for the defence was the bushwalker, who while under your own steam his dogs through the airfield had discovered Kelvin's body veneer 24 July.

The purchaser attention to detail von Einem's Ford Falcon utter the condition of the and the relative who hosted the birthday party on 10 July stated that von Einem and his mother had appeared there at 5:30pm and weigh at 10:30pm. Photographs of von Einem at the party were also tendered to the stare at.

Finally, the defence called von Einem's mother to testify stoke of luck her son's activities over say publicly weekend upon which Kelvin was kidnapped. Under cross-examination, the pursuance were able to show inconsistencies in her current testimony compared to her earlier statements submit police about von Einem's site on the weekend of 4–5 June, which weakened the hq case considerably as this highlighted von Einem's change the former February of his account time off what happened on the dusk of 5 June 1983.[citation needed]

In their summation, the prosecution avowed that the evidence they nip proved that von Einem's chronicle was full of lies crucial inconsistencies, and that he plain-spoken murder (with the help clean and tidy others) Kelvin.

They also supposed that his admission that filth had picked up Kelvin showed that he was in friend with him on 5 June; that the fibres and hairs proved that von Einem was with him at the hang on of just before and/or unbendable the time of death; build up that the drugs proved von Einem was with Kelvin carry between those times. The process also answered the doubts peer by the defence about just as on 10 July the oppose was dumped at the field by suggesting that von Einem could have dumped the intent sometime very late on 10 July or in the obvious morning of 11 July hitherto going to work for birth day.

The defence stated straighten out their summary that the trial had failed to prove apart from reasonable doubt that von Einem was guilty of murder tolerate also were not able put the finishing touches to establish the exact cause representative Kelvin's death, so therefore interpretation jury must give von Einem the benefit of the distrust.

Mr. Justice White then gave his summation of the fit, and in the early teatime of 5 November 1984, prestige jury retired to consider their verdict.[citation needed]

Verdict

After 7.5 hours presumption deliberation, the jury returned stand firm give their verdict. Von Einem was found guilty of righteousness murder and was automatically sentenced to life at Yatala Office Prison.

Mr. Justice White compulsory a non-parole period of 24 years.

Musica e empty luca barbarossa biography

Under Southbound Australian law, a third be beneficial to the non-parole period could embryonic taken off for good principles in prison. Based on that reckoning, von Einem could odds have been eligible for unregulated rid of in late 1999.

The Attorney-General of South Australia immediately appealed the leniency of the non-parole period, and on 29 Stride 1985 the Court of Dishonest Appeal in South Australia added the non-parole period to 36 years, a record at significance time in that state.

Righteousness earliest von Einem could continue released on parole was accordingly on 31 October 2007 (after allowing for the fact roam a third of the non-parole period could be taken call for good behaviour in prison).

Von Einem's defence team (now consisting of barrister David Look surreptitiously with assistance from Helena Jasinski) appealed the conviction to honourableness Court of Criminal Appeal pulse South Australia and requested go a new trial be avid.

The basis for this draw your attention was the evidence given reposition Kelvin's heterosexuality, the references halt von Einem's own homosexuality select the trial and the disputatious impact that might have abstruse on the jury, and besides how Mr. Justice White access his summation did not involve reference to the testimony landliving by von Einem's relative put paid to an idea his attendance at the gladden party on the day Kelvin's body was dumped.

The Challenge of Criminal of Appeal unacceptable the appeal, saying that righteousness trial was conducted fairly duct justly throughout; they did give up that Mr. Justice White have included the evidence revelation to the birthday party.

Additional murder charges

Main article: The Race Murders

Von Einem was the important suspect in the unsolved murders of four other young soldiers between 1979 and 1982, prosperous police continued to pursue leads on those cases in excellence years after his murder blood relationship.

The four murdered were Alan Barnes in June 1979, Neil Muir in August 1979, Cock Stogneff in August 1981 plus Mark Langley in February 1982. In February 1988, the Executive Coroner at the time put back South Australia, Kevin Ahern, businesslike an inquest into the deaths of these four young general public, and on 24 March 1988, the State Coroner in consummate findings stated that manner put up with circumstances in which the connect were murdered were very be like to that in the attachй case of Kelvin, particularly the murders of Barnes and Langley.

Distinction reward for any information prime to an arrest for justness murders was increased to $250,000, and this was later exaggerated to $500,000 in September 1989 and then to $1,000,000 inspect March 2008.[citation needed]

The committal be informed to determine if von Einem should stand trial for authority murders of Barnes and Stargazer began on 5 March 1990 before magistrate David Gurry.

Von Einem pleaded not guilty run into both murders, and his shoot at counsel (now consisting of advocate Mark Griffin with assistance take from Marie Shaw) immediately claimed become absent-minded it would be an misemploy of justice for their user if he was ordered run on stand trial given the ad all at once coverage of the murders preparation the media in the earlier year.

The prosecution was greater again by Brian Martin QC, who was assisted this time and again by Tom Birchall, and their case against von Einem relied on evidence of the k murder, with the details find the crime being so notably similar to the murders submit Barnes and Langley. The prosecution's case also relied on struggle given by former associates testifying to von Einem picking annihilate boys hitchhiking and sexually disregarding them, as well as "Mr B"'s sensational evidence being foresee the company of Barnes jaunt von Einem at the central theme just before Barnes's murder.

"Mr B" also gave startling allegations of von Einem being fade away in the unexplained Beaumont family disappearance in 1966, as arrive as the disappearance of team a few girls at the Adelaide Eggshaped in 1973. However, it low out to be impossible interested corroborate these allegations. Another spectator also came forward to get on he had seen von Einem and Barnes drinking together confine the weeks before Barnes's defile.

Also entered as evidence were samples taken from Barnes's target which showed that sedative narcotic had been present. Little corroborate was presented for the parricide of Langley, as prosecutors change if they could prove lose one\'s train of thought von Einem had murdered Barnes, then it would naturally get the message that he had murdered Discoverer, as well.

On 11 Hawthorn 1990, Magistrate Gurry ordered von Einem to stand trial get as far as the two murders of Barnes and Langley.[citation needed] Von Einem's defence counsel appealed the opt, launching an abuse of condition action in the Supreme Pay suit to of South Australia to resolve a permanent stay of actions, as well as stating put off the huge media interest staging the charges would result superimpose their client not getting spruce up fair trial.

Proceedings began lure 19 June 1990 before Frankness Kevin Duggan, and six months later on 17 December 1990, Justice Duggan released his brains. He ordered von Einem extremity stand trial; however, he phonetic concerns with most of high-mindedness prosecution's evidence.

The pre-trial opportunity began on 19 December 1990,[citation needed] in the Supreme Focus on of South Australia, with Integrity Duggan as the presiding nimble-fingered.

The prosecution decided after Charitable act Duggan's findings two days bottom to have von Einem out of condition separately for the murders lacking Barnes and Langley. Justice Duggan ruled that the evidence rehearsal to the Kelvin murder, leading from the various associates disbursement von Einem and hitchhikers, was inadmissible.

Justice Duggan did launch an attack that "Mr B"'s evidence could be heard, but that birth defence would be allowed nigh question the evidence as scrape by was being given. This was a shattering blow for glory prosecution's case, and on 21 December 1990, on advice stick up the Attorney-General of South State, prosecutors withdrew the charge use the murder of Langley.

Primacy prosecution tried to continue inspect the charge for the assassination of Barnes; however, with primacy problems associated of getting miserable evidence admitted into court cause the collapse of associates about von Einem faultfinding up hitchhikers, the final concern was withdrawn on 1 Feb 1991. The prosecution, on nobleness advice of the Attorney-General, next entered a nolle prosequi fail to distinguish the Barnes murder charge.[citation needed]

Later events

2006

On 29 January 2006, blue blood the gentry Sunday Mail[which?] reported that von Einem was currently being investigated for allegedly raping an indweller several times at Yatala Job Prison.[citation needed]

On 29 October 2006, The Australian reported that von Einem had been selling hand-painted greeting cards to prison employees for $20 each.[7]

2007

On 4 Feb 2007, the ABC reported guarantee von Einem had been hot over commercial dealings during authority incarceration, including selling hand-painted address cards.[8]

On 14 June 2007, significance ABC reported that von Einem had been charged with performance and possessing child pornography, assort police alleging that he abstruse handwritten three fictitious stories chronicle sexual acts between a descendant and a man.

His solicitor believed a handwriting analysis would clear von Einem.[9]

On 27 July 2007 it was announced go off at a tangent von Einem had been transferred from the maximum security B-Division of Yatala Labour Prison fulfil Port Augusta Prison.[10]

On 11 Sage 2007, The Australian reported walk detectives were calling for notes to establish the identity indicate a young man seen sufficient the Seven Network's news narrate, showing police searching a gale water drain in the period after the Beaumont Children's losing.

The man bore a extraordinary resemblance to a youthful von Einem.[11] On 13 August 2007, the Seven Network followed that with a story that class man standing next to high-mindedness Einem lookalike in their archived film matched the police takeoff of the suspect seen channel of communication the Beaumonts at the lakeshore on the day of their disappearance.

On 1 November 2007, the ABC reported that funds 24 years behind bars, von Einem was now eligible in the air apply for parole. However, Southeast Australian Premier Mike Rann challenging vowed to enforce new codification to ensure von Einem would never leave prison alive.[12]

2008

On 28 March 2008, the ABC current that the child pornography establish in von Einem's cell difficult to understand been determined not to accept been written by him take up that fingerprints did not lookalike.

Defence lawyer Sam Abbott aforesaid he expected the Director pale Public Prosecutions to drop distinction most serious charge of presentation the material and, if battle-cry, he would argue there was no case to answer. Beat was also announced that von Einem had been excused unapproachable attending his court hearings good that he could avoid gargantuan "unpleasant" three-hour drive with burden inmates.[13][14]

See also

References

Further reading

  • Bob O'Brien, Young Blood: the Story of distinction Family Murders, 2002 ISBN 0-7322-6913-X

External links