Murder Is Bad

Pat and the Miracles: The Trial

September 01, 2023 Julia Goodwin Season 1 Episode 8
Pat and the Miracles: The Trial
Murder Is Bad
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Murder Is Bad
Pat and the Miracles: The Trial
Sep 01, 2023 Season 1 Episode 8
Julia Goodwin

What if simple tools like wire and wire cutters held the secrets to a grim series of events that shocked the community? From a blood speck in Ken Botham's Land Cruiser to his mysteriously missing pistol to the unsettlingly casual comments about his wife's tragic demise, listen as  evidence and testimonies are pieced together that paint Botham in an increasingly suspicious light in the murders of his wife, Pat, and their neighbors Linda, Troy, and Chad Miracle.

Giblin, Mary Louise. “Authorities found .22 pistol under Botham house.” The Daily Sentinel. Grand Junction, Col. January 13, 1976. 
Giblin, Mary Louise. “Two witnesses testify at Botham hearing.” The Daily Sentinel. Grand Junction, Col. January 14, 1976. 
Giblin, Mary Louise. “Judge refuses to disqualify himself in trial.” The Daily Sentinel. Grand Junction, Col. March 18, 1976. 
Giblin, Mary Louise. “Judge hears testimony in venue change.” The Daily Sentinel. Grand Junction, Col. May 4, 1976. 
Giblin, Mary Louise. “Judge continues hearing in venue change request.” The Daily Sentinel. Grand Junction, Col. May 5, 1976. 
Giblin, Mary Louise. “Judge denies motion to bar press from Botham hearing.” The Daily Sentinel. Grand Junction, Col. October 6, 1976.
Giblin, Mary Louise. “Fatal slugs never found, DA tells Botham jury.” The Daily Sentinel. Grand Junction, Col. December 1, 1976. 
Giblin, Mary Louise. “‘Last hours’ aired in Murder trial.” The Daily Sentinel. Grand Junction, Col. December 2, 1976.

For images related to the cases, check out the Instagram.

Show Notes Transcript Chapter Markers

What if simple tools like wire and wire cutters held the secrets to a grim series of events that shocked the community? From a blood speck in Ken Botham's Land Cruiser to his mysteriously missing pistol to the unsettlingly casual comments about his wife's tragic demise, listen as  evidence and testimonies are pieced together that paint Botham in an increasingly suspicious light in the murders of his wife, Pat, and their neighbors Linda, Troy, and Chad Miracle.

Giblin, Mary Louise. “Authorities found .22 pistol under Botham house.” The Daily Sentinel. Grand Junction, Col. January 13, 1976. 
Giblin, Mary Louise. “Two witnesses testify at Botham hearing.” The Daily Sentinel. Grand Junction, Col. January 14, 1976. 
Giblin, Mary Louise. “Judge refuses to disqualify himself in trial.” The Daily Sentinel. Grand Junction, Col. March 18, 1976. 
Giblin, Mary Louise. “Judge hears testimony in venue change.” The Daily Sentinel. Grand Junction, Col. May 4, 1976. 
Giblin, Mary Louise. “Judge continues hearing in venue change request.” The Daily Sentinel. Grand Junction, Col. May 5, 1976. 
Giblin, Mary Louise. “Judge denies motion to bar press from Botham hearing.” The Daily Sentinel. Grand Junction, Col. October 6, 1976.
Giblin, Mary Louise. “Fatal slugs never found, DA tells Botham jury.” The Daily Sentinel. Grand Junction, Col. December 1, 1976. 
Giblin, Mary Louise. “‘Last hours’ aired in Murder trial.” The Daily Sentinel. Grand Junction, Col. December 2, 1976.

For images related to the cases, check out the Instagram.

Julia Goodwin:

Alo, this is Julia and murder is bad. We left off with the bodies of Patricia Botham, linda Miracle, troy Miracle and Chad Miracle having been discovered in Gunnison River weighted down with railroad scraps, and the arrest of Pat's husband, kenneth Botham Jr. Nearing the end of 1975, popular artists were Elton John, linda Ronstadt and Natalie Cole. New movies were One Flew Over the Cuckoo's Nest. For young millennials and zoomers, that's like the prequel to Girl Interrupted, also Dog Day Afternoon, which is based on a real bank robbery in Mahogany, where at one point Diana Ross says "I'm the one who turned your trumpet into a horn of plenty. This is also around the time that bombcom survivor Carol Derange picks Ted Bundy out of a lineup. On November 18, mesa County District Attorney Terry Farina releases an 18-page affidavit detailing the evidence in support of Boffam's arrest. Side note if you're into kind of like a Roger Sterling, mad men, daddy, you should take a look at DA Farina. I'll a picture on Instagram . He's just like fly. That's all I'll say. The two big things highlighted by the Daily Sentinel are a.22 caliber pistol and wire used to tie the railroad scraps to the bodies to weigh them down. It's announced that the two miracle boys had been shot with a.22 caliber weapon. Neighbors and friends have seen Botham with a.22 caliber western- style pistol, but when he turns his weapons over to police there is no such gun. They find out that he told a co-worker that it had been stolen out of his car and he had reported it stolen. But the police have no record of any gun having been reported by Kenneth Boffam. As for the wire, authorities claim they were very careful not to release the details of how the railroad parts had been tied onto the victims. This makes it suspicious when Botham comments about his wife having been bound in wire. Police had asked Botham if he had any wire around, to which he replied yes, but when police searched for it they couldn't find it. Police also seized wire cutters from Botham's car and they had traced amounts of blood on them. Not a good look. Another evidence found was a spot of blood on a mat inside Botham's Land Cruiser. Back then they could only determine blood type, and the blood type on the mat matched that of Troy Miracle. In December public defenders Bob Emerson and Lee Foreman stepped in to represent Ken Botham Jr and the case was continued until January.

Julia Goodwin:

But before we get out of 1975, there's a Christmas Day discovery. The Boffams had been renting their house at 1914 Ouray Avenue. After Boffam is arrested, it goes back into possession of the owner, john Brant. John decides to sell it to his brother, steve Brant. Steve started to do work on the house in early December and there was a leaky faucet, so Steve went into the crawl space to turn off the water. The crawl space is in a closet in the living room and you have to peel up the carpet and padding in order to access it. And that's what he does. On Christmas Day. Steve has to go back down into the crawl space for similar purposes, I imagine. But when he turns around to leave, his flashlight reflects upon something. He approaches it and sees a Western-style.22 caliber pistol in a leather holster. He immediately called the police without touching anything. Good job, steve.

Julia Goodwin:

The police said they had searched the property three times and with a metal detector. They do admit they focused mostly on the outside with the metal detector, because studs and nails make it pretty hard to use them inside. They also said that they noticed vents to what looked like a crawl space but couldn't find a way in. And what I find to just be a funny reason, they said they looked in that closet but there were boxes on the floor. So just like, oh, there were boxes. So obviously there was no way for us to search the closet because of the boxes. Anyways, point is they have the gun. They don't have the bullets from the murders, but they have Botham's.22 caliber weapon. In January they released the cause of death for Pat and Linda, which is asphyxiated obstruction of the respiratory airway. Forensic pathologist Dr Thomas Canfield said he could not be any more specific, and two witness statements are also released.

Julia Goodwin:

Cora Hiner, the Botham's next door neighbor, said that in the early morning hours of August 23rd she heard the Botham's Saint Bernard bark eight or nine times and I've tried to find out this Saint Bernard's name and have not, but maybe in the next episode, uh yeah, there's gonna be another part. So 25 to 30 minutes later after the Saint Bernard barks, she heard what sounded like two shots from across the street from the direction of the miracle home. Then she heard a car. She had been in bed this whole time just listening, but when lights shined onto her driveway she got up to see if it was her son coming home. When she looked out the window she saw the headlights coming from a car in the miracle's driveway. She saw a man walking out of the house with a bulky bundle in his arms, a rug or robe-like material. Cora laid back down but thought she heard it drive west toward 18th Street. Margie McConnell, whose front window stared down Ourayz Avenue like if Ure is the long part of the T she was right at the top of that. She also saw a car around the same time. Margie, like Cora, had been waiting up for her son to get home. She said she saw a quote square-built vehicle which a Land Cruiser is, but so were a lot of callers back then in front of the miracle home and a man carrying a blanket or something like that. But she said the car with the headlights off drove east toward 19th Street. Her son came home around that time so she stopped looking out the window.

Julia Goodwin:

At the beginning of February the defense motions for a change of venue. The reasons are the widespread and massive press by newspapers, radios and television stations. There were interviews with Botham prior to his arrest being printed in the newspapers and highly prejudiced. Repress and the other homicides in Mesa County. Making the public frightened and inflamed did not help either. That motion is denied. They also motion to close the trial to the public and the press, but that motion is denied as well. Then in March the Public Defender's Office requests that Judge William Ela disqualify himself because they feel he's prejudged the case.

Julia Goodwin:

Affidavits from Judge Richard Green of Arapaho County and state public defender Rolie R Rogers, whose initials are Rrrrrrrrr, said that Judge Ela had made prejudicial statements in a meeting of the Colorado Corrections Association on October 21st in Dillon, colorado. Botham was a suspect but had not been arrested. Ela supposedly said I know what I would do. I would put the guy in jail, choke a confession out of him and charge him with the first degree murders. Our friend Rollie jokingly responded that's probably the thing to do. Then some defense lawyer or public defender could come in and have the confession suppressed. You sav it, Rollie. Guess who gets to decide whether the judge should be disqualified? That's right, the judge. I remember seeing an episode of Law and Order SVU where a judge is asked to recuse himself and he's just like no, denied. And that's exactly what Judge Ela does too. The decision is taken to the Colorado Supreme Court and Chief Justice Edward Pringle won't you pop the phone, don't stop is absent that week. So associate judge Donald Kelly issues an official no comment or no opinion. So Judge Ela continues to preside Defense, then motions to change the venue again. They had tried to get all these affidavits showing that grand junction was too biased, but at the same time stories are coming out that it will cost taxpayer dollars to transfer the case. 503 of the affidavits were thrown out on the basis of being too speculative. At this point it honestly just feels like the judge and the prosecution are the cool kids and the defense is not allowed at their lunch table.

Julia Goodwin:

Here are some of the witnesses who testified at the motion hearing. Glenn C Dawes says he was in the Fruita State Bank when a sheriff's deputy comes in to get affidavits for people who don't feel prejudice against Botham. This deputy talked to a dozen people and that the quote feeling was strong against the defendant and that they used foul language. But they were told it would cost $100,000 to transfer the case, so they signed the affidavit. A newsman, larry Milhouse, testified that the people he talked to made it clear that they thought Botham was guilty. He also talked about how people can go back and read the newspaper stories and draw their own conclusions at any time. Daily Sentinel circulation director Thomas Thokke testified to their coverage of the Botham- Miracle Murders, and the editorial page editor W. H. Hams talked about how the community seems to have a strong conviction about his guilt.

Julia Goodwin:

Both sides bring several witnesses, but even the prosecution's witnesses mentioned how most people wouldn't be able to separate the facts from the coverage they've consumed. The defense attorney, lee Foreman, said "'I have the impression of a community "'that has not suspended judgment' "'But, as is customary in this case, "'judg ela denies the change of venue motion'". The defense seeks a reversal of this opinion from the Colorado Supreme Court. Chief Justice Pringle popped his decision and the fund didn't stop for the prosecution. The reversal was denied and the trial was set for November 8th, exactly one year after Botham's arrest. Very narratively satisfying, I'm sure, but life isn't narratively satisfying. The trial will end up being delayed again. The defense motions for the death penalty to be thrown out, for a jury to be chosen from outside Mesa County, for the dismissal of four first degree murder counts in lieu of second degree murder charges and the suppression of some of the evidence. And wouldn't you know it? All the defense motions are denied. Who would have guessed? Even though four other courts in Colorado found the death penalty unconstitutional, that summer, judgela was inclined to find it constitutional.

Julia Goodwin:

In this trial In September, the defense requests access to the polygraph results from Botham's test and former deputy Sheriff Truman Haley's test. We haven't heard that name before, but it will become important later. Ken Botham Jr submits a plea of innocent on all charges In October. There are some pre-trial hearings on the admissibility of certain evidence, particularly interviews that had been conducted before Botham's arrest. Apparently he had been in questioning for nine hours straight. At one point it was said that he requested a lawyer and they brought the phone out, but he ended up not calling one. All of that is deemed admissible, though, because Botham had signed a statement beforehand that said he understood his rights. During the interview he said he didn't feel like he could leave anytime he wanted, though. So On another occasion Botham was questioned for three hours in what Deputy Gerald Tesch called a rap session and what the defense called psychological coercion All admissible.

Julia Goodwin:

In November the trial gets delayed a week because electronic listening devices were discovered in Botham's cell and in an examination room. Public defender ed lipton in motions for an immediate dismissal. Sheriff L. R. Williams tells the court that the devices were put into the walls when the building was built in 1963, but were too loud to use, so they never were. The defense motion gets say it with me denied Defense motions to sequester the jury pool and to question each potential juror privately, and those motions are denied. Daddy Farina said the defense attorney seems to be asking for virgin jurors, people who don't know anything, and that's hard to find. Jury selection ends up taking over two weeks, which is a long time for jury selection. During jury selection, former deputy sheriff Truman Haley's name was leaked as a prosecution witness to the Denver Post. I told you it would be coming back. It referenced an alleged affair with one of the victims as well as Sheriff Haley destroying the diary of said victim. But guess what? The trial still isn't dismissed.

Julia Goodwin:

The trial finally starts on December 1st with the prosecution presenting their evidence. DA Farina tells the jurors that the two miracle boys were trigger warning shot with a.22 caliber weapon in their heads and while the slugs have never been found, botham knowingly hid his . 22 caliber weapon from the police. Sheriff's investigator Mike Smith of the Smiths testifies about the bodies of Pat, linda, troy and Chad being found wrapped with wire around their pelvises, attached to railroad angle bars from a nearby scrap pile that had been found in a faded red nightgown. Linda was found in a light colored dress, troy was found in a white turtleneck and white undershorts and Chad was in a red tank top and blue play shorts. DA Farina showed slides of the bodies and where they had been found. These are part of what the defense tried to get excluded from the trial.

Julia Goodwin:

On the second day of the trial, a man named Norm Wilhelm testified he had been at Linda's on the night of August 22nd from 7 to 1130. He stopped at a 7-eleven on his way back home and was still up when his roommate, jim Cunningham, arrived around 2am. Norm also testified that Linda had had an abortion two or three days prior to her disappearance. He felt it was his so he paid for it. Dr Canfield testified that the women had died by asphyxiation by any means and had marks on their chests from struggling with their attacker. He was asked about the stomach contents of all four victims but responded that there are a lot of variables in digestion and it's an incomplete science to determine time of death based on just the contents of someone's stomach. An agent from the Colorado Bureau of Investigation, or CBI, Nelson Jenet, testified that hairs on the Bridgeport Bridge belonged to Linda and Chad Miracle.

Julia Goodwin:

Another sheriff's investigator, milo Vig, took the stand to talk about his interactions with Botham. Investigator Vig had told Botham about Pat's body being identified on October 1st 1975. Botham responded that he had suspected her to be dead and then inquired how decomposed her body had been. Quote he stated the water was awful, alkali and had salt-like sea water and would decompose a body rapidly. Investigator Vig also talked about a conversation they had on October 22nd. Botham had told him how he left on August 22nd between 6.30 and 7pm and arrived at Polly's Motel in Ure the city, not the street between 9 and 10pm.

Julia Goodwin:

Botham detailed how he unpacked, had a shave and then talked to the proprietor about the bathroom not having a hook to hang his razor strap. I don't really know what that is. I'm guessing you have razors to shave with. They're in a strap and you want to hang them sometimes. Botham said he stopped by his room around 11pm before jogging into town about a quarter mile to see if any photography shops were open At 11pm. Maybe photo shop used to be open light. He returned shortly after and went to bed.

Julia Goodwin:

Botham woke up on the morning of August 23rd around 5.30 and saw it was still cloudy and wet so he fell about to sleep until 6. Botham then told Investigator Vig that he had stopped in Imaging for fuel and then arrived back in Grand Junction around 2pm, he said he then went by Reverend OJ Holler's place before going home. Mr and Mrs Robert Griggers from Polly's Motel in Campground testified they had remembered seeing Botham that weekend and also a week later Botham had come by and asked if law officials had been checking his whereabouts. They described him as nonchalant. The next day Ken Botham's friend, timothy Tyree, is called to testify about Botham's 22 caliber pistol, as well as Botham himself.

Julia Goodwin:

Timothy tells the jury of a river trip he had taken with Botham in August of 1975. Botham talked about the deep holes in the river where objects might stay hidden. On another occasion Botham talked to Timothy about Linda Miracle. He had called her a dumb, stupid, ignorant broad. Timothy said that Botham was nice on rare occasions to his wife and degrading just about every time he was there. Another friend from Botham's church choir, dwain Jackson, then told the jury about a time in 1971 when Botham said that the Bridgeport Bridge would be a good place to dispose of some bodies. Dwain replied that they would have to be tied down with wire so that it doesn't decompose. This is either very creepy or Dwain was just a murdering like us. Let's go with the latter for now.

Julia Goodwin:

We then hear another name for the first time Marie Griffin. Her neighbor, georgia Lemaar, testified that Botham's car was at Marie's house once a week during the summer of 1975 and the previous winter. And on August 24, the day after the disappearances were reported, georgia saw Botham hosing down his Land Cruiser for about 35 to 45 minutes around 11 am. However, reverend Holler then testified that Botham had spent that Sunday with him. He said he saw him at Faith Baptist Church between 9.15 am, then invited Botham and his kids over for lunch at his house where they stayed until 3 pm. The Reverend then sees him again at 6 pm for the evening church service. On the other hand, reverend Holler does recall a trip he had taken with Botham on August 30, where Botham asked if he knew the time limitation before remarriage in a disappearance case. Not a good look. And speaking of remarriage and Marie Griffin, another man is called to the stand.

Julia Goodwin:

Police officer turned accountant, jim Fromm, told the jury of the discovery of 8 to 12 small pictures and 6 to 8 larger ones found in Botham's bedroom. I immediately thought of those sheets of small pictures you get from school picture days, but these were definitely not that. Some of these contained nudity, but most were of a bikini clad, marie Griffin. Only one nude picture and one bikini picture were submitted as evidence. Jim detailed how, on August 24, officers arrived at the Botham's to a note on the door for police that said they could go in and take whatever they needed. When Botham was told about the photos, he indicated that he had been having an affair. Mrs Floyd Larson could not find this woman's name, so Mrs Floyd Larson of 1993 Ure A Avenue testifies that Ken Botham had come to their front door around 4.30 pm on August 23 to ask if they had seen his wife Pat. She said to check with Linda, to which he replied I thought you folks were more reliable than Linda. They were eventually able to convince him to check at Linda's, which was also empty, before he called police.

Julia Goodwin:

Margie McConnell, the neighbor from Down the Street, testified to what she had seen that night, adding that at some point she heard a man say something that sounded like oh no and described the man carrying things out to his car from Linda's as taller than six feet with a slight build and short hair Officer Douglas Rushing also testified that while under surveillance on September 8, botham took his car through a car wash before going to Marie's house. I don't know if he got his car washed regularly or not, but a lot of people are talking about I saw him spray it down. He went to the car wash. I don't know, but take it for what it is. Another neighbor, jean Crawford, testified about the night Linda had been attacked about six weeks before her murder. Jean said she heard a blood curdling scream Quote. I was sound asleep, I just jumped right up when I heard it. She then said she saw Botham carrying Linda to his house and yelling for his wife who let them in. Then Officer Tom Montgomery testified how Pat talked to him in late July, which led to a quantity of handguns being taken from the home. A week later Pat supposedly called Officer Montgomery crying about how she was scared, but he had no legal right to keep the guns, so they were returned. This testimony leads to the defense objecting and motioning for a mistrial on the basis of prejudicial hearsay. But that old tune that we all remember starts playing. The motion was denied the next day.

Julia Goodwin:

Pat's doctor testifies. Dr William Doelle said he had seen Pat from January 26, 1970 to July 29, 1975, and about 38 times between 1973 to 1975. Quote I kind of treated Pat like a little sister. She had access to the back door when she needed counseling. Periodically I'd see black and blue marks. I'd ask her what happened. Dr Doelle said this happened six to eight times. When Pat came in with a black eye in 1974, he said I thought she was fighting a losing battle. He admits to suggesting divorce in 1975 when she came in with a bruised chin. And that's where we're going to pause our coverage of the trial right here and we'll pick it up next Tuesday. Thank you again for listening. If you want to see pictures associated with this case, go over to the Instagram at murder is bad podcast and if you're feeling more generous than that, then you should subscribe to the podcast wherever you're listening and maybe rate review. That could be fun, a fun afternoon, but take care of each other and remember murder is bad.

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