Episode 12 "Wenatchee Sex Ring Case"

The judge's view from the bench of one of the so-called Wenatchee Sex Ring cases begins in Episode 12. Chapter 10 of True Justice continues the search for Arturo Azul.

Transcript

SPEAKER_00 0:03

The Smoke and Gavel Podcast is now in session. I'm retired Judge Chip Small, presiding over this podcast with my bailiff Madeline Rhodes. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_02 0:21

Your Honor, today you will be sharing with our listeners an inside look at the prosecution of Linda Miller, a person alleged to have been involved in the so-called Wenatche sex ring. And we will continue the story of true justice. So, Judge, tell us about the prosecution of Linda Miller from your perspective. You were the trial court judge, right? And when was her trial?

SPEAKER_00 0:42

Her trial occurred in September 1995, but her case began in March of that year. However, for those listeners who have never heard of the Wenatchee sex ring cases, I think some background information is necessary. In early 1995, allegations of abuse were made by numerous children against multiple adults in both Shillanne and Douglas counties. I think it's fair to say that Officer Perez of the Wenatchee Police Department, who died in December 2013, was the lead investigator in most of these cases. Several adults were charged with numerous counts of child sex abuse. Initially, some were acquitted and several were found guilty. My experience was mostly presiding over Ms. Miller's trial and the trial of Pastor Robbie Roberson and his wife. During this time, I deliberately avoided most of the media coverage of these cases, and even to this day, I have viewed very little media coverage of these cases. That said, the general tenor of the media coverage that I was aware of claimed that all the adults were innocent, implying that none of the children were ever abused. In today's podcast, I'll share some of the alleged facts that led to the arrest of Ms. Miller.

SPEAKER_02 1:56

Well, it's about time because I've seen all those shows and I kind of have a good idea of what I think I know, but is that all we're going to cover?

SPEAKER_00 2:05

Not at all. We'll cover the rest of the proceedings in our next few podcasts. But now let's begin our coverage of State versus Linda Miller. According to the affidavit of probable cause filed on May 1, 1995, and the findings of fact, conclusions of law, and order admitting confession filed on July 31, 1995, on March 23, 1995, Linda Miller attempted to cross the Canadian border, but was rejected because a person with her was a convicted felon. The Canadian border is about 136 miles north of Wenatchee, or about a two and a half hour drive. After they were not allowed to cross into Canada, they spent the night in a hotel near the border. The next day, Linda Miller and the minor child accompanying her were abandoned in the town of Tenasket, a town about 17 miles or about 20 minute drive south of the border. Wanting to return to Wenatchee, she voluntarily accepted a ride to the Tenasket Police Station, where she identified herself. She stayed in the waiting room of the station until about 7.15. During her wait, she was free to leave at any time. Between 7 p.m. and 7.15 p.m., the Tenasket Police Chief learned that Linda Miller was wanted by the Wenatchee Police Department for suspected child sexual abuse. At the Wenatchee Police Department's request, she was taken into custody by the Tenasket Police Chief and held until the Wenatchee Police Department officers arrived to return her to Wenatchee. Before being placed in a holding cell, she was advised of her Miranda rights and indicated she understood them. A little after 9 30 p.m., WPD officers arrived. She was allowed to use the restroom and decline water. After placing her in the backseat of the patrol car, she was again advised of her rights. She did not speak to the officers during the transport that ended at about 12 15 AM on March 25. Detective Perez interviewed her at the Winanchee PD for a little less than three hours. A written statement was prepared which took about two more hours. Linda Miller was 35 years old at the time, did not sleep during questioning. She may or may not have slept during the two-plus hour trip from Tenasca to Winanchee. Linda Miller signed the written statement voluntarily and never asked for an attorney. Before she signed the statement, she made corrections to it. Witnesses to the interview testified that her demeanor was calm, soft-spoken, and at times eager to talk.

SPEAKER_02 4:40

And we're going to stop there now for a little commercial break. The Smoking Gavel podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, their team makes the process simple, transparent, and truly author friendly. Listeners of the show can receive ten percent off any publishing package with Gatekeeper Press. Just mention code ChipSmall when requesting a quote or during your free consultation at gatekeeperpress.com. So after she signed her confession, what happened next?

SPEAKER_00 5:13

The state charged her with eight counts of child molestation in the first degree on March 29, 1995. Each count carried a maximum penalty of life in prison. Shortly afterward, the police questioned Larry Steinborn, the former husband of Linda Miller. He stated that he witnessed Linda Miller have sex with the two alleged victims. He watched her perform certain acts that amounted to unlawful touching of the alleged victims. Steinbourne had previously been convicted of molesting one of the alleged victims of Linda Miller, and he received a special sex offender sentencing alternative sentence, which suspended his sentence on certain conditions. So he was not in custody when he was interviewed. Well, that was for the jury to decide.

SPEAKER_01 6:16

Yes, this is true.

SPEAKER_00 6:18

Linda Miller later described the interview, saying that Detective Perez told her she basically didn't have any rights. She was denied sleep and anything to eat and would be there until he was finished with her. She also stated he told her if she ever wanted to see her children again, she would cooperate and do exactly what he told her and say exactly what the truth that he already knew. She said he didn't raise his voice, but he spoke in an authoritative voice. She said she would have signed anything that night to see her children again. Consequently, before the trial, as a trial court judge, I had to determine if Linda Miller's confession was admissible. We'll cover that and the issue of expert witnesses in our next episode.

SPEAKER_02 7:03

Well, with that, it's time we continue our reading of True Justice.

SPEAKER_00 7:07

Chapter 10. On the way to EPD, Lupe sits on the hard plastic rear seat of the Trooper's SUV, intermittently crying and staring out the window as the car sirens ring in her ears. She tries to convince herself that Arturo did nothing wrong.

SPEAKER_02 7:26

He said it was an accident.

SPEAKER_00 7:28

After arriving at the station, McGunn escorts her to an interview room and sits her down forcefully. Young lady, if you know where Azul is going, you have to tell me now.

SPEAKER_02 7:40

I have no idea where he went. I told you he took the keys to my mother's car and left.

SPEAKER_00 7:44

Did he say where he was going?

SPEAKER_02 7:46

No, I told you it was an accident anyway.

SPEAKER_00 7:48

She sniffles. Where do you think he went? McGunn continues. It will be better for him if he turns himself in.

SPEAKER_02 7:56

He didn't do anything wrong, she insists stubbornly.

SPEAKER_00 7:59

He killed the sheriff's deputy.

SPEAKER_02 8:01

He couldn't have.

SPEAKER_00 8:02

Lupe's silence is deafening. Middleton and two other officers secure the perimeter of the Azul home and wait to obtain a telephonic search warrant to enter. After executing the warrant, they find the home is empty, but the boy's room shows signs someone went through his dresser drawers. Some of his clothes are strewn on the floor. Neither the car registered to Catalina Rodio nor the vehicle owned by Jose and Maria Azul is there. Over his radio, Middleton is advised the Radio vehicle is on the next block. The officers immediately surround the civic and approach cautiously, weapons drawn. Seeing the vehicle is empty, Middleton says He must have switched cars. My guess is he's driving his mother's car now. Notify all units in every adjacent county to be on the lookout for that vehicle. If they find it, make sure they conduct a felony stop on it. They should not approach the vehicle until they have backup. This son of a bitch already killed one officer. We don't want anyone else hurt. McGun realizes he is getting nowhere with Rodillo. They must find Azul before he leaves the area. Having heard from Middleton, the captain knows the only lead they have is Azul's mother's car. Where are you going, Azul? In desperation, the captain calls a press conference to warn the public and hopefully get help in finding him. Ladies and gentlemen, McGunn begins, at approximately ten thirty this morning, outside Lakeview, there was an officer involved shooting. Regrettably, the officer died at the scene. Pending notification of next of kin, we are not at liberty to identify the officer involved at this time. A murmur goes through the handful of newspaper, radio, and online reporters gathered at the hastily called media conference. He continues, we have identified a person of interest, Arturo Azul. He is five feet six inches tall, one hundred and forty five pounds, with dark brown hair and brown eyes. We are providing you with a copy of his driver's license photo. Currently we are attempting to locate Azul. If anyone has any information on his present location, please contact us by calling 911. Do not attempt to contact him. Azul is considered to be armed and dangerous. Again, if you have any information on his current whereabouts, call 911. Thank you. Maria Azul is already halfway to Whitby with Arturo lying down in the backseat of her Toyota Corolla. Whitby is a small farming community about sixty miles east of Eagleton in the High Plains area. The landscape is mostly wheat ranches and alfalfa seed farms. Since Whitby is more quickly accessible by traveling the Interstate Highway, Maria chooses the rolling, less traveled state highway north of the Interstate.

SPEAKER_02 11:00

Yes, Tito, we are almost there.

SPEAKER_00 11:02

She tells him on her cell phone.

SPEAKER_02 11:04

You must call Jose and tell him to meet us there. I think he is still at work. He hasn't answered his cell phone yet, but please keep trying. Thank you, brother.

SPEAKER_00 11:13

The following morning, Bagun is at his wit's end. They have been unable to locate Azul or his parents. Despite the plea to the public for help, so far all the calls they have received are dead ends. The community is overwhelmed with shock and sadness over the loss of a beloved officer. No one can remember the last time a local officer was killed in the line of duty. They want whoever did it brought to justice. Waiting in the lobby of the EPD is Valeria Hernandez, fallen officer Homer Hernandez's sister, the only known relative of the deceased. She was notified of his death last evening. McGunn dreads meeting with her, but he promised to do so when she called this morning. The conference room at EPD is now serving as the headquarters for the task force formed to capture Hernandez's killer. Special agent Floyd West of the FBI is waiting there at McGunn's request to help show Ms. Hernandez that they are doing everything possible to catch Azul. McGunn begins.

unknown 12:18

Ms.

SPEAKER_00 12:18

Hernandez, we are sorry for your loss. Your brother was one of the finest deputies in Franklin County. He will be sorely missed. Please have a seat.

SPEAKER_02 12:27

Thank you, Captain.

SPEAKER_00 12:29

Valeria slowly sits down. I want you to know we are doing everything possible to apprehend his killer. This is Special Agent West of the FBI. Stepping forward, West states perfunctorily, ma'am and nods his head. He has notified Homeland Security at the border to be on the lookout for Azul. They have his photo, and all Border Patrol agents are aware of the urgency to apprehend Azul, McGunn advises her.

SPEAKER_02 12:57

Thank you, Agent West.

SPEAKER_00 12:59

She replies somewhat surprised. Turning back towards the captain, she says, So you believe he has already left the state? Not exactly, McGunn responds. However, we must concede that possibility. Unfortunately, we really have no idea where he might be. We searched his parents' home where we believe he resides. It appears he went there after the incident to obtain some belongings. We also believe he may be in his mother's car, but we don't know where he is headed.

SPEAKER_02 13:27

Have you spoken to his mother, Maria Azul?

SPEAKER_00 13:30

She asks. You know his mother, ma'am? McGunn states surprised.

SPEAKER_02 13:35

I was in her home a few days ago. We were making tamales together for a church fundraiser.

SPEAKER_00 13:40

Are you friends with the Azuls?

SPEAKER_02 13:42

Not exactly. More acquaintances. It was the first time I met her.

SPEAKER_00 13:48

Well then, is there anything she said that might indicate where Azul may be?

SPEAKER_02 13:53

Not that I can recall.

SPEAKER_00 13:55

She replies thoughtfully.

SPEAKER_02 13:56

She told me Arturo may have become involved in a gang here.

SPEAKER_00 14:00

Raising his eyebrows, Magani asks, did she mention which one? His mind racing, he thinks, could this have been some sort of gang-related shooting?

SPEAKER_02 14:11

I don't believe so, but it was a local gang that I presume had members attending the alternative high school where Arturo was a student.

SPEAKER_00 14:18

That may be very helpful. We'll investigate that. Is there anything else she said that may help us locate Azul? At that moment, Officer Middleton steps in. Captain, I need to speak to you now. All right, if you'll excuse me, Miss Hernandez, we'll keep in touch with you as soon as there are further developments. If you think of anything else, don't hesitate to contact me. Agent West, would you please escort her out? Thank you. Okay, Jim, what have you got? Our stakeout at his home paid off. Just a few minutes ago, Maria Azul returned home. We have her in custody and we are bringing her in for questioning. The search for Arturo Azul, the killer of Deputy Hernandez, continues. Will they find Arturo? Or is he going to literally get away with murder?

SPEAKER_02 15:08

Well, I really hope you didn't write a story where a cop killer got away with murder, but I guess they will see soon enough. So what's on the docket on our next podcast?

SPEAKER_00 15:17

Our next podcast will continue the inside view of the case of State versus Linda Miller, one of the so-called Winatchie Sex Ring cases.com. Don't forget to like, subscribe, and share to stay connected. Until next time, God bless.