Revealing testimonies, perplexing forensic evidence, and a captivating insight into the life of the accused, Kenneth Botham Jr., form the chilling narrative of this episode. As the validity of the evidence presented is questioned, the question is - is this a pursuit of justice or just of vindication? Remember to follow on Instagram, subscribe to our podcast, and leave a review for the Murder Is Bad podcast!
Giblin, Mary Louise. “Prosecution’s final witness testifies.” The Daily Sentinel. Grand Junction, Col. December 8, 1976.
Giblin, Mary Louise. “Botham takes stand in his own defense.” The Daily Sentinel. Grand Junction, Col. December 9, 1976.
Frederick, Don. “Botham counsel asks death penalty ban.” The Daily Sentinel. Grand Junction, Col. August 26, 1976.
Frederick, Don and Hathaway, Paul. “Woman’s body found in river near county line.” The Daily Sentinel. Grand Junction, Col. September 27, 1975.
For images related to the cases, check out the Instagram.
Revealing testimonies, perplexing forensic evidence, and a captivating insight into the life of the accused, Kenneth Botham Jr., form the chilling narrative of this episode. As the validity of the evidence presented is questioned, the question is - is this a pursuit of justice or just of vindication? Remember to follow on Instagram, subscribe to our podcast, and leave a review for the Murder Is Bad podcast!
Giblin, Mary Louise. “Prosecution’s final witness testifies.” The Daily Sentinel. Grand Junction, Col. December 8, 1976.
Giblin, Mary Louise. “Botham takes stand in his own defense.” The Daily Sentinel. Grand Junction, Col. December 9, 1976.
Frederick, Don. “Botham counsel asks death penalty ban.” The Daily Sentinel. Grand Junction, Col. August 26, 1976.
Frederick, Don and Hathaway, Paul. “Woman’s body found in river near county line.” The Daily Sentinel. Grand Junction, Col. September 27, 1975.
For images related to the cases, check out the Instagram.
Hello, this is Julia, and murder is bad. When we last left the Botham Miracle Murders case, the husband of one of the victims, kenneth Botham Jr, had been arrested for the murders of his wife, patricia Botham, their neighbor Linda Miracle and her two children, troy and Chad Miracle. His defense team from the Public Defender's Office had filed a million motions and requests for mistrials, all of which had been denied. And now we're right in the middle of the prosecution presenting their evidence against him. For more details, feel free to go and listen to the other episodes in the series titled Pat and the Miracles. A case that started in the summer of 1975 has made its way to the winter of 1976. The first Rocky has just been released, as well as the original Freaky Friday with Jodie Foster and also Shaggy DA, where a man wanting to become a district attorney finds himself turning into a sheepdog. Look it up, disney got weird. This is also the time of Rod Stewart, boston and Stevie Wonder. And, speaking of Wonder, wonder Woman starring Linda Carter debuted on ABC.
Speaker 1:Back in the courtroom in Grand Junction, colorado, the prosecution continues to present evidence and witnesses to bolster their case for four counts of first degree murder. Ure neighbor, michael Larson, gets on the stand and tells the jury about hearing two screams he heard around 1.30 am on August 23rd. He also saw a light on in the front bedroom of the Botham's home. He said the second scream quote sounded more like a lady's voice. Another neighbor, cora Heiner, testified about what she had seen and heard on the night of August 22nd into August 23rd the Botham, st Bernard barking and two sharp pops that sound like gunshots coming from across the street. She adds that she saw a men's head bending down looking at the floor in the Miracle home. One then backed up a car to the porch and carried out a heavy bundle. She said the man had glasses. The defense cross-examines Cora about cataract and glaucoma surgeries that occurred immediately after the incident. She was asked to identify Botham, her neighbor, and pointed to Captain Joe Hicks. Instead the defense moves to disqualify Cora as an eyewitness and when that is denied they move for a mistrial, which is also denied.
Speaker 1:Commander Mike Smith returns to the stand to talk about Botham's.22 caliber western-style pistol. When officers were searching the Botham's house in Ure A Avenue, they noticed vents indicating some type of crawl space. Botham said that the only entrance had been sealed off, showing a spot in the back of the house that had boards nailed over it. The owners of the house, john and Steve Brant, testified. John said that Botham knew about the crawl space and how to get in there. John had told them about it when the family moved in because there had been problems with the furnace and wanted Botham to be able to oil it. I am so inept. How does the furnace work and why do you need to oil it? That's all I have to say. So Steve testified about how he had found the.22 caliber pistol in the crawl space after doing work down there a couple of times. Some insulation had come loose from a joist in the house and once it fell out, tumbled the pistol.
Speaker 1:Investigator Milo Vig then testified to the events that had taken place in the early morning hours of June 15th. This is when Linda Miracle had been attacked by an unidentified man. Botham told Investigator Vig that he had heard two screams about 10 minutes apart, turned on his porch light and saw Linda in her doorway fainting. He gave her mouth to mouth before calling the rescue squad. I kept reading this, and that's just a fun name. Linda was said to have been strangled in that incident, which led to an objection and a defense motion for a mistrial denied. Of course.
Speaker 1:Investigator Vig continued his testimony the next day. He told the jury how Botham said he had wire in his shed but couldn't find it. Botham had told Investigator Vig that Pat had tied up some sunflowers in the back and used the wire cutters and she had left the rest of the wire and the cutters by the shed. But officers had not found any extra wire and had found the wire cutters in Botham's land cruiser. Nextdoor neighbor Floyd Larson testified that he walked his dog past Botham's backyard twice a day and had never seen the sunflowers tied up. He even noticed after a heavy rain that the sunflowers had slumped over. So the way this house is set up I don't know if you have neighborhoods like this where you're at, but there's like an alleyway behind the house and that abuts the backs of other houses from the street over. So that's where he walked his dog. So the house across that alley behind the Botham's home belonged to Joan Ritter, who also told the jury that she gardened outside and would talk with Pat occasionally. Joan had told Pat she needed to stake her sunflowers, but three weeks later Pat was gone without ever having tied them up.
Speaker 1:On the last day of the prosecution's arguments, forensic serologist Marion came and testified. Serology is the study of blood serum, particularly in regard to immune responses to pathogens or introduced substances. Basically, pat, linda and Troy all had A-type blood and A-type blood was found on a mat in Botham's land cruiser, chad. Ken Botham and some of Botham's immediate family had O-type blood. But the only other blood type the serologist found was C-type on some rags Botham had. So I'd never heard of C-type blood. So I looked into it but I'm still confused. Maybe you can help me. So in 1901, we start typing blood A, b and C. Later on, sometime after 1930, we switched to calling C-type blood to O-type blood. So what the heck is Marion came and talking about? I have no answers for you, but Colorado Bureau of Investigations or Kibbe agent Cordell Brown then testified that three out of the eight ends of the wires binding the bodies were confirmed to be cut with the wire cutters from Botham's car.
Speaker 1:Those cutters had one tapered edge and one flat. It also had some identifying striations and a chip that showed up as an imprint on the cut wires. Also, any reason for me to say the word striation? I'm there for it. The wire ends also had some oxidation, implying they may have been cut sometime before being used, leading one to believe maybe sunflowers were tied up with it weeks ago and that's the wire that was used. That's what defense tries to lead you to. There was also material found in the wire cutters that had the same origins and chemical composition as material found on the wires around the bodies.
Speaker 1:Kibbe agent Gerald Tash then told the jury about a conversation he had with Ken Botham. Here's part of the trim script Did you shoot the boys? What is the reason? Why can't you tell me? If I told you, what would happen to my boys? Your boys will be well taken care of, but I would have to go to jail. You do not confess your sins to any man, only to God. When Kibbe agent Tash asked him how he knew what the victims had been tied with, ken said quote I knew it was wire affixed to the bodies because I heard it on the news in the pelvic area Very specific, very sus. All right, agent Tesh said.
Speaker 1:Botham said he had never seriously considered killing his wife but has speculated how it would be if she might leave. I don't know if you've seen those like really bad police, like confession tapes where they're just like oh no, okay, but just guess. If you had to guess what the killer would do, what do you think the killer did? If you were the killer, what would you do? And they eventually get someone to say something like this. So when Agent Tesh asked Botham to speculate how he would kill Pat, botham said by pushing her over a cliff with the camera equipment sitting around. Agent Tesh also said that Botham seemed overly concerned about the police's interest in the wire cutters, whatever that means. He said he probably used them in the spring at the office and said they were old and probably should have been thrown away and were only used in an emergency and vaguely remembered using them to cut copper. Botham also told Agent Tesh that they might find his blood, his family's blood and or Lynch's blood from an incident a year ago. Quote I cleaned it up. Wow, rich text.
Speaker 1:Before the prosecution rested, a man named Steve Norris testified he had spent the summer of 75 in Ure One night a night he can't remember as August 23rd or August 30th, or maybe it was the weekend before he met a man who matched Botham's description outside the long branch bar. He also remembers seeing a blue and white Toyota around that weekend. The man asked if he knew of a dark room where he could get pictures developed and Steve said no, quote. He stood there looking at me. I got uncomfortable and started to leave. I noticed him turn around and go away. Cool.
Speaker 1:When the defense opens the next day, the first witness they call is Ken Botham Jr, the man himself. Now I usually hear that it's a bad idea to testify during your home trial, but let's see how it goes for Botham. He starts by saying he talked to a man on the night of August 22nd in Ure between 11 pm and midnight. But Botham said he didn't recognize Steve Norris as that man he goes on to talk about. When he left for Ure His voice cracked when he said that his wife, pat, had asked to go with him at the last minute. Quote I told her I didn't have time. I was running very late and I didn't have time for her to get ready.
Speaker 1:That day Botham had gone to work and came home for dinner as usual. Then he left for his photography trip, making a stop by White Arms Machine Shop for a photo assignment. He said the weather is bad, so he went to Ure instead of continuing on. He walked into Ure that night sometimes. He said he jogged and met a man between the Long Branch Bar and the photo shop. He was squatting and staring into the photo place. That was closed, he said I felt my actions were probably suspicious. When he talked to the man he got directed to Joyce Jorgensen, the editor of the Ure plane dealer. When he got back to his room it was nearer to midnight than 11.
Speaker 1:In the morning Botham went to Yankee Boy Basin and then to Imogen. The weather wasn't great for pictures so he only stayed until 1 pm before he left for home. Pulling up to his house he saw his toddler playing outside with a diaper and his five-year-old asked him where Mommy was. Botham said I'm sure she's around somewhere. His kid said she hadn't been around all day, so he had taken care of his brother and wanted to know if he had done a good job. Heartbreaking Botham checked the house and then checked the miracles home across the street before calling the police.
Speaker 1:Botham then told the jury about his marriage to Pat. They had marital difficulties ever since they moved to Colorado from California in 1971. He said they had quote lost their physical and emotional intimacy. We continually became more distant. I made more money. The job took more time, I guess I felt I could make it up to her. Later, botham started to see other women, naturally, and in 1974, the couple separated. Pat went to live with her parents in North Carolina. She had known about the other women before she left, and Botham sent her a letter about divorcing after talking to his lawyer. Instead of divorcing, though, Pat returned to Colorado shortly after, and then Pat had an abortion, and Botham thought, hey, I'm going to start seeing women again. He started with Marie Griffin. Quote. Marie was one of the few women in my life I ever felt totally comfortable with. Whatever I did, she seemed to enjoy. I loved her very much. When Marie Griffin now Marie Griffin Hernandez testified, she confirmed having modeled for Botham for almost a year before starting up an affair with him. She has since married a former deputy sheriff and moved to Carson City, nevada.
Speaker 1:In the spring of 1975, botham was asked to be the leader of the church choir at Faith Baptist Church. According to him, pat questioned the church work he was doing in relation to what he was doing with women outside their marriage. He stopped philandering when he accepted the position in March. In total, botham testified for six hours. At one point he was asked did you kill those people? He answered I did not. Then did you ever tell anybody you killed them? He replied I never have, nor have I implied it. I'd certainly have gone the mental route a long time ago. If I had what. Is it Not guilty by reason of insanity? I'd not take a chance on the gas chamber. I'm telling the court and the jury I did not do those things.
Speaker 1:But then he goes on to say that he has only lied in three areas of the case. Not a great way to start but go ahead. He had lied about his wife having had a recent abortion Quote. I felt it was no one's business. I didn't feel it could change the story Reasonable, I think he lied about his.22 caliber pistol because he was under the impression that it wasa stolen gun. He had purchased it for $30 from a man at Stevens Sports Goods and on cross he was confronted on this point because he had also bought a junior Colt.22 from the same man. But it came back clean when the police had taken his guns the year before. He didn't have an answer for that, only to say he thought the police only took the guns as a ploy to shape him up.
Speaker 1:Botham was then asked about Linda Miracle, he said I felt her inane, but not boisterous or forward or anything of that nature. She spoke in short, choppy sentences and giggles. She smoked incessantly. She often smelled of alcohol. It bothered me. I could tell if she'd used our telephone that day from the smell of cigarettes and so on. Very judgmental.
Speaker 1:When testifying about the wire found wrapped around the bodies, botham said I think there's an awfully good chance it's my wire. He said it had been cut to tie the sunflowers but had been removed and placed on the lattice fence. He hadn't seen it since then. Botham had been the VP, testified along with several other co-workers that the police had told them about the bodies being wrapped in wire and that had become a topic of discussion. One of the men who discovered the bodies had also told his wife about the wire. All these testimonies were just to show that there were other ways for Botham to have known about the wire besides being the one who put it there. He then explains the type O blood in his car, with his frequent nosebleeds and a cut on his knuckles from a broken hinge in the back. As for an explanation for the type A blood, he said I have no concrete explanation. I'm the foggiest dear.
Speaker 1:By the end of Botham's testimony it is clear that the prosecution is saying the murders happened in the early morning hours of August 23rd and the defense is saying that they happened before midnight on August 22nd. Investigator Bob Silva of the Bobs testified about when he and former deputy sheriff Truman Haley were called to the hospital after Linda Miracle was attacked in her home by an unknown assailant. Investigator Silva said he talked to her for less than a minute but Truman Haley talked to her between 5 and 10 minutes alone. The next day Truman Haley testifies he admits having an affair with Linda. He says it ended in March and he also volunteers he had of the sectomy 13 years ago, maybe to remove doubt he had ever gotten Linda pregnant. He just kind of says it. He also denies knowing about Linda's abortion days before her murder.
Speaker 1:He went on to detail his whereabouts on the night of August 22nd. He testified that he was with his family until 5pm and checked in to the Fruta Police Department around midnight. He drove with his partner, chuck McFall Excellent police name, by the way. He drove with Chuck McFall from midnight to 4am. He was alone between 4 and 5.30am Until another officer took over and Truman Haley clocked out at 6am. Truman Haley also admits going into Linda's house in June and taking her diary. He said he kept it 3-4 weeks, thought about giving it back but instead burned it and threw it in a river near Fruta. Quote thrown in the river like the bodies, questioned defense attorney Lee Forman. Truman Haley responded I have no way to know how they were thrown in the river. Did you kill Linda and the kids? I'd never hurt her children or anybody else.
Speaker 1:After Truman Haley testified, the jury was dismissed for lunch but it seems that reporters were still in the courtroom because it was reported that DA Farina talked to Judge Ella about how Truman Haley had taken two polygraph tests and had been exonerated. It was just a fun little tattat between judge and prosecution. After the break, paulino Dell testifies to seeing Botham unloading his photography equipment and Botham's car around 8.30am at Polly's Motel. Harold R King saw Botham talking to the proprietor around 9.30am as well. For the record, it takes around two hours to get from your A to Grand Junction.
Speaker 1:The next day the defense gets Arapaho County Coroner Dr John Wood to testify. He said that based on the stomach contents, linda, chad and Troy died between one and two hours after eating, and Pat died two to three hours after eating. Now Dr Wood did not examine the bodies but looked at the forensic pathologist, dr Thomas Canfield's raw data. He also testified to having found B&Ps in meat and Pat's stomach and apparently she had been making and eating cookies at 9pm. Hashtag relatable For closing arguments.
Speaker 1:The DA spends his time pointing out inconsistencies throughout testimony and interviews, as well as the difference in the time the prosecution thinks the murders happened and the time the defense thinks the murders happened. Attorney Foreman points out that Pat had been reading when she was attacked, putting her murder much earlier than what the prosecution has posited. He also told the jury how Linda's bed hadn't been slept in. There's also talk about how Botham would have to unload his camera equipment in order to fit the four bodies in his truck and how suspicious that would seem in the middle of the night. Defense Attorney Foreman finished by saying that Botham would have done a better job making an alibi than that. He finished by saying People don't kill to terminate a relationship.
Speaker 1:The jury left to deliberate but had to stop when it got too late. They reconvened the next morning when they re-entered the court. Botham stood still, his parents were still and the Miracle family were still, as Kenneth Botham Jr was found guilty of one count of first degree murder and three counts of second degree murder. Trigger warning. Sometime that night Botham attempted suicide and was admitted to St Mary's Hospital. Deputy DA Clay Hanlon visited him and later told the press that Botham was in shock and quivering like a leaf, but he was in good condition. I don't know how those two things coincide, but that's what he said. Botham had lost four to five units of blood. Humans usually have like 12 units of blood.
Speaker 1:While Botham is in the hospital, hearings about his sanity and sentencing take place. Denver Veterans Administration psychiatrist Dr Frederick Miller said Botham's capacity to appreciate and control his behavior at that time was significantly impaired because of inner duress. He went on to say that Botham is obsessive, compulsive, who tends to isolate emotion and to not show warmth, and that in his professional opinion Botham is and has been very troubled and sick Quote. I believe he was furiously hurt and humiliated and felt he had been wronged by her. He borders on psychotic depression and may indeed have been psychotic. A crazy thing to me is how in some trials a defendant works really hard to prove their innocence but if they're found guilty, the defense team has to turn around and say that the reasons for the crime are not aggravating, as if the defendant had done it. Just a weird thing I've noticed A professor of psychiatry from Colorado University Medical Center, or KUMPK, dr John McDonald, said Botham had an obsessive personality and yet certain traits that usually occur in sociopaths.
Speaker 1:To show Botham's obsession with orderliness, thoroughness and concern over small details, his suicide note was admitted as evidence. It had a notation to the mortician about his vital organs, gave the telephone numbers of people to call, enlisted his social security and selective service numbers and showed concern for making a mess in his cell. Dr McDonald said Botham covers a lie with another lie with another lie and tries to look better in everyone's eyes and makes all manner of boastful claims. I am never quite sure when he is telling the truth and when he is not telling the truth. Botham's mother, elspeth Botham, testified that her son was a bookworm who had very limited social activities as a youth and not really any close friends. She told an anecdote about when she was giving birth to her daughter eight years prior. Her son disappeared and ended up giving blood because he was afraid his mother was too old to give birth and might bleed to death.
Speaker 1:On December 15th 1976, ken Botham Jr was sentenced to death. Elspeth said I don't know how they reached the verdict. They did to begin with. His father, ken Botham Sr, said it's over and done now, and Linda's mother, dolly Baldwin, said we're satisfied. I don't know what else to say.
Speaker 1:Reverend Holler told reporters a couple weeks later I have yet to have anyone satisfy my curiosity that they could prove beyond a shadow of a doubt that Kenny did it. I thought they would have some ace, they could pull out of the hole, but they never did. To me it wasn't a trial of justice, it was a trial of vindication. And while that seems like the end of things, it's really not. But this is where we'll leave it for today. Thank you for listening. If you would like to see pictures related to this case, head over to the Instagram at Murder Is Bad podcast. And if you're feeling more generous, why don't you go over to wherever you're listening, subscribe so you don't miss out, and also leave a little review, maybe a little five stars. All right, take care of each other and remember murder is bad.