The "Afraid" Letter, Attempts to Obtain It & CA FOIA

[akwilks]

First to clarify on the prelude to the Excitement's Crave poem. Apparently I was given this by Arch back in 2010, then asked not to post it. I complied with the request. I was not told if the request was because it was determined to be a probable fake, or deemed unconfirmed, or a requested hold back by police. I remembered seeing it back in 2010, but forgot about actually having it and the request not to post.  Getting old!

I saw that recently some people were asking about the FOIA requests I did to try to get the "Afraid" letter.  I am back here after a long absence to post on this issue.  Hopefully my info may be helpful to anyone inspired to try to get this letter or other documents in the EAR/ONS, VR, GSK and other cases.

As some of you may know, in the Zodiac case I sometimes on my own but often working with Morf by giving him advice on language and the laws, did succeed in getting some previously never before released possible unconfirmed Zodiac letters released.  We also succeeded in getting some never before seen police and FBI files released.  See www.zodiackillersite.com/viewtopic.php?f=71&t=420  ,  www.zodiackillersite.com/viewtopic.php?f=74&t=63 ,  www.zodiackillersite.com/viewtopic.php?f=105&t=173  , www.zodiackillersite.com/viewtopic.php?f=33&t=92&hilit=fbi+files  , www.zodiackillersite.com/viewtopic.php?f=102&t=2022&start=30  .

Then Morf kept persisting and eventually went "Shawshank Library" on them and got the FBI to release essentially the entire non-confidential Zodiac file, hundreds and hundreds of pages.  So it CAN be done.

In the Zodiac case most agencies, departments, detectives and attorneys were helpful or at least not hostile.  Unfortunately in the EAR/ONS case while most of the detectives were helpful or at least neutral, most of the attorneys for the city and county were rude, arrogant, dismissive and unhelpful.  I explained to them that California law dictates that the documents should be seen by the public.  I also explained that if the public sees the Afraid letter someone may recognize the words, phrases, handwriting of a husband, son or relative.  I said that keeping this document and other documents secret only helps to protect the identity of the EAR/ONS, who may be still raping and killing people.  I asked them to let the public see the documents and perhaps we can help bring about the arrest of the EAR/ONS, or at least some truth and closure for the victims. 

The police were mostly helpful or at least neutral.  They did not object to the release of any documents.  The city and county attorneys treated me like I molested a bus full of children.  Hostile, arrogant, rude.  They did not care about the law, the truth, the public or catching a killer.  I was simply annoying them. Maybe someone can try a new approach and be more successful.  Maybe some of the people I encountered are gone and have been replaced with people who care more about the law, the public's right to know and about catching a killer.

I did get this helpful and honest response from a detective:  " Unfortunately, the letter you speak of appears to have been discarded with most of the other evidence when the statute of limitations on the rapes ran out. It was very unfortunate, and I wish I had been around then to stop it." 

That is terrible.  EAR/ONS was a suspect in the murder of the Maggiores, and other murders, when the rape SOL ran out.  The documents should NOT have been thrown out, as this detective acknowledges.  Even if the actual letter was thrown out, it seems that some files must have noted the content of the letter, and maybe some of these files still exist. 

Tips:  For trying to get FBI files you use the federal FOIA law, Freedom Of Information Act.  You need to be very specific with what you are asking for, in terms of names, content, case, years, etc.  If anyone wants to do a FOIA contact me and I can give you formats and language that has worked well for me and Morf.

For documents from California city police, county sheriff or state agencies like the Dept of justice, you use the California Public Records Act.  Again, if anyone wants to make a new run at the Afraid letter, or the poem, or other documents on the EAR/ONS case, contact me.  This is some of the basic formats and language you use.  It might be worth it for someone else to try.  There could be new attorneys now, and they might be more responsive. 

The language I offer below did work in the Zodiac and other cases, it might now work in EAR/ONS with new people getting the requests.

The following request is made under the California Constitution Sunshine Amendment Article I, Section 3(b) which states in part that "the writings of public officials and agencies shall be open to public scrutiny", and the The California Public Records Act (California Government Code §§ 6250 through 6276.48), which requires disclosure of government records.



I hereby request the following document which is in the records of the ____________________(name of police agency):


[Give a specific description of the item, letter. poem, document or file requested.  Be as specific as possible about the date, content, anmes, description, etc]

[Here is what I requested, #1 and 2.  if some one does a new one, advise to add #3 here.]

1. A copy of the letter sent in or around August 1977, by a person calling themselves "Afraid", and said to have information about the East Area Rapist.

2. A copy of the envelope it came in.

3.  Any notes, letters or documents that discuss the contents of the letter or relate to the letter.

This letter was sent in August of 1977. It contained inside knowledge of the crimes and thus apparently came from either a friend of the East Area Rapist/Original Night Stalker "EAR/ONS", as the letter stated, or more likely, from the EAR/ONS himself. As far as I know, there is no reason it was kept secret, it was just never released. I would love to see it and share it with other researchers. Keeping it secret only protects the criminal in this case.

I would accept a postal mailed copy or emailed copy, whatever is easier. Perhaps there are vital clues to be found on this letter. If this letter is from the EAR/ONS or a close associate of his, a friend or relative may recognize any words used, typewriter font, handwriting or unusual phrases. I will post it at two true crime websites I write at and send it to reporters with the Sacramento Bee and SF Chronicle.

[NOTE;  If they respond that "law enforcement records are exempt from disclosure", you can respond with this, or better yet include it in your first letter]:

The law you cite (Government Code 6254 (f)) to does NOT provide a blanket exemption for law enforcement records. It states in relevant part:

Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:

6254(f)(1)

(1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.

6254(f)(2)

Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved.

The letter sent in by a person signed "Afraid" was either a complaint and request for assistance (if sent by a friend of the EAR/ONS as the letter indicates) OR information from and about the offender (if sent by the EAR/ONS as some detectives at the time suspected)  Thus you are required by law to provide it. The law makes clear the  public has a right to see these records.

I even included this newspaper article from Aug 1977 (the headline was the death of Elvis) to give more context and specificity to my request.

[Deleted]

Good info. Thanks! Truthy also tried to get the Afraid letter using an FOIA request and didn't have any luck. I think his was in late 2013 or early 2014.

[Drifter]

In the Zodiac case most agencies, departments, detectives and attorneys were helpful or at least not hostile. Unfortunately in the EAR/ONS case while most of the detectives were helpful or at least neutral, most of the attorneys for the city and county were rude, arrogant, dismissive and unhelpful.

That situation is quite troubling.

At least we have people like you who will push back against an institutional establishment that seems to want to stonewall this case.

Drifter

[wolF]

Maybe this info will be in mishmac's book? One can only hope it's not completely gone. On the other hand, if it truly is gone, would it be that big of a waste? What can anyone else do with it now when it didn't really help LE in the past.

[akwilks]

Well we don't know. Law enforcement said they never found any poem or writing that used the phrase "Excitement's Crave". Using computer search engines they did not have back then I found the phrase in the William Grayson poem "Marion". IMO EAR probably got it from there and the poem has other resonances with EAR/ONS. So maybe a small clue.

If we knew the content of the Afraid letter maybe someone out there would recognize words, phrases, content, handwriting, typewriter font,ideas etc. Maybe not. If the writer really was a friend maybe he/she gives some idea how they know EAR - I live in his neighborhood, we work in the same factory or we are on the same military base. More likely it is actually from EAR and could give us some clues to his thought process, use of deceptive methods, education level, writing style, ideas, etc.

If anyone has a specific document they want to try to get send me a message or just post here. I can help you formulate the best language to use for your request.

[Deleted]

Jun 9, 2015 5:25:40 GMT @privatecitizen said:

... or early 2104.

Just had to poke fun at that PC lol

But yes,,,, I wanna see this letter. I don't know about any LE being positive that he wrote EC, but the AFRAID letter has more merit to it just because of association

[Deleted]

Jun 9, 2015 4:47:51 GMT akwilks said:

First to clarify on the prelude to the Excitement's Crave poem. Apparently I was given this by Arch back in 2010, then asked not to post it. I complied with the request. I was not told if the request was because it was determined to be a probable fake, or deemed unconfirmed, or a requested hold back by police. I remembered seeing it back in 2010, but forgot about actually having it and the request not to post.  Getting old!

I saw that recently some people were asking about the FOIA requests I did to try to get the "Afraid" letter.  I am back here after a long absence to post on this issue.  Hopefully my info may be helpful to anyone inspired to try to get this letter or other documents in the EAR/ONS, VR, GSK and other cases.

As some of you may know, in the Zodiac case I sometimes on my own but often working with Morf by giving him advice on language and the laws, did succeed in getting some previously never before released possible unconfirmed Zodiac letters released.  We also succeeded in getting some never before seen police and FBI files released.  See www.zodiackillersite.com/viewtopic.php?f=71&t=420  ,  www.zodiackillersite.com/viewtopic.php?f=74&t=63 ,  www.zodiackillersite.com/viewtopic.php?f=105&t=173  , www.zodiackillersite.com/viewtopic.php?f=33&t=92&hilit=fbi+files  , www.zodiackillersite.com/viewtopic.php?f=102&t=2022&start=30  .

Then Morf kept persisting and eventually went "Shawshank Library" on them and got the FBI to release essentially the entire non-confidential Zodiac file, hundreds and hundreds of pages.  So it CAN be done.

In the Zodiac case most agencies, departments, detectives and attorneys were helpful or at least not hostile.  Unfortunately in the EAR/ONS case while most of the detectives were helpful or at least neutral, most of the attorneys for the city and county were rude, arrogant, dismissive and unhelpful.  I explained to them that California law dictates that the documents should be seen by the public.  I also explained that if the public sees the Afraid letter someone may recognize the words, phrases, handwriting of a husband, son or relative.  I said that keeping this document and other documents secret only helps to protect the identity of the EAR/ONS, who may be still raping and killing people.  I asked them to let the public see the documents and perhaps we can help bring about the arrest of the EAR/ONS, or at least some truth and closure for the victims. 

The police were mostly helpful or at least neutral.  They did not object to the release of any documents.  The city and county attorneys treated me like I molested a bus full of children.  Hostile, arrogant, rude.  They did not care about the law, the truth, the public or catching a killer.  I was simply annoying them. Maybe someone can try a new approach and be more successful.  Maybe some of the people I encountered are gone and have been replaced with people who care more about the law, the public's right to know and about catching a killer.

I did get this helpful and honest response from a detective:  " Unfortunately, the letter you speak of appears to have been discarded with most of the other evidence when the statute of limitations on the rapes ran out. It was very unfortunate, and I wish I had been around then to stop it." 

That is terrible.  EAR/ONS was a suspect in the murder of the Maggiores, and other murders, when the rape SOL ran out.  The documents should NOT have been thrown out, as this detective acknowledges.  Even if the actual letter was thrown out, it seems that some files must have noted the content of the letter, and maybe some of these files still exist. 

Tips:  For trying to get FBI files you use the federal FOIA law, Freedom Of Information Act.  You need to be very specific with what you are asking for, in terms of names, content, case, years, etc.  If anyone wants to do a FOIA contact me and I can give you formats and language that has worked well for me and Morf.

For documents from California city police, county sheriff or state agencies like the Dept of justice, you use the California Public Records Act.  Again, if anyone wants to make a new run at the Afraid letter, or the poem, or other documents on the EAR/ONS case, contact me.  This is some of the basic formats and language you use.  It might be worth it for someone else to try.  There could be new attorneys now, and they might be more responsive. 

The language I offer below did work in the Zodiac and other cases, it might now work in EAR/ONS with new people getting the requests.

The following request is made under the California Constitution Sunshine Amendment Article I, Section 3(b) which states in part that "the writings of public officials and agencies shall be open to public scrutiny", and the The California Public Records Act (California Government Code §§ 6250 through 6276.48), which requires disclosure of government records.



I hereby request the following document which is in the records of the ____________________(name of police agency):


[Give a specific description of the item, letter. poem, document or file requested.  Be as specific as possible about the date, content, anmes, description, etc]

[Here is what I requested, #1 and 2.  if some one does a new one, advise to add #3 here.]

1. A copy of the letter sent in or around August 1977, by a person calling themselves "Afraid", and said to have information about the East Area Rapist.

2. A copy of the envelope it came in.

3.  Any notes, letters or documents that discuss the contents of the letter or relate to the letter.

This letter was sent in August of 1977. It contained inside knowledge of the crimes and thus apparently came from either a friend of the East Area Rapist/Original Night Stalker "EAR/ONS", as the letter stated, or more likely, from the EAR/ONS himself. As far as I know, there is no reason it was kept secret, it was just never released. I would love to see it and share it with other researchers. Keeping it secret only protects the criminal in this case.

I would accept a postal mailed copy or emailed copy, whatever is easier. Perhaps there are vital clues to be found on this letter. If this letter is from the EAR/ONS or a close associate of his, a friend or relative may recognize any words used, typewriter font, handwriting or unusual phrases. I will post it at two true crime websites I write at and send it to reporters with the Sacramento Bee and SF Chronicle.

[NOTE;  If they respond that "law enforcement records are exempt from disclosure", you can respond with this, or better yet include it in your first letter]:

The law you cite (Government Code 6254 (f)) to does NOT provide a blanket exemption for law enforcement records. It states in relevant part:

Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:

6254(f)(1)

(1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.

6254(f)(2)

Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved.

The letter sent in by a person signed "Afraid" was either a complaint and request for assistance (if sent by a friend of the EAR/ONS as the letter indicates) OR information from and about the offender (if sent by the EAR/ONS as some detectives at the time suspected)  Thus you are required by law to provide it. The law makes clear the  public has a right to see these records.

I even included this newspaper article from Aug 1977 (the headline was the death of Elvis) to give more context and specificity to my request.

Damn bro... I really hope you get it. I don't hold my breath on stuff like this but we'll see.

[akwilks]

It was said that the Afraid letter included some information that was only known by the offender and the police. So the police regarded it as significant and likely coming from a friend or relative of EAR who was told inside information by EAR or it was from EAR himself.

[Deleted]

Jun 9, 2015 22:55:47 GMT akwilks said:

It was said that the Afraid letter included some information that was only known by the offender and the police. So the police regarded it as significant and likely coming from a friend or relative of EAR who was told inside information by EAR or it was from EAR himself.

While I am extremely eager to follow up on the results of this, I will still hold my doubts as to whoever wrote. Mostly because nothing was secret then and for word of mouth to be the way it is... yeah, I'll bite my tongue there. Still, this appears to be the most important piece of writing in the case. While it's no secret I am not a believer of Excitements Crave being his, I certainly do know that LE took this letter in particular very seriously. That trumps any, if not all of the physical evidence and/or clues

[akwilks]

Yes they took it very seriously. They said it had information only the offender would know. True cops talk, so there would be some police who would know the info, maybe some spouses of police and perhaps a reporter or two with very good police contacts. So it is apparently a pretty limited group of people who could have hoaxed this, and none of these groups of people have good candidates to risk their careers and a criminal charge by doing a hoax letter.

[Deleted]

For the record, I'm not referring to Afraid being a hoax because they took it seriously by including the public. I literally know nothing else about it, so I can't assume but so much except that I believe it is the most valuable piece of paperwork. Something tells me that this is the piece that might have coaxed someone out.

As for EC...you'll never convince me it wasnt a hoax, so humbly, I agree to disagree and not argue
AFRAID though.... I feel thats the closest to reality we may ever get.

[akwilks]

Jun 10, 2015 4:42:23 GMT @murdoc said:

For the record, I'm not referring to Afraid being a hoax because they took it seriously by including the public. I literally know nothing else about it, so I can't assume but so much except that I believe it is the most valuable piece of paperwork. Something tells me that this is the piece that might have coaxed someone out.

As for EC...you'll never convince me it wasnt a hoax, so humbly, I agree to disagree and not argue
AFRAID though.... I feel thats the closest to reality we may ever get.

We agree on the Afraid letter. On the EC poem, the police belief that the "wife of a Mafia lord" line coincides with the fact that EAR had just attacked a house that had an Italian passport in it does not sway you at all?

[akwilks]

Well maybe some good news. We have a volunteer to try a new round of FOIA, Cal Public Records Act requests in the EAR/ONS case. This person, a member here, is a female, so perhaps a little female charm and persistence will pay off. I am finishing another big project right now, but in about one week or so, I will help her formulate new requests using the right language and legal cites, and then she will use her skills and polite persistence to see what can be done. This person has succeeded in getting documents in another case with some assistance from me. Also, the unhelpful people I ran into may now be gone and replaced by people who are more interested in the law, the rights of the public to know and/or trying to catch a killer. Thinking of doing Sac PD, Sac SD, Cal DOJ. At this stage we are contemplating asking for:

1. The Afraid letter, and if it was destroyed, any notes or files that record, analyze or reference the content of the letter.
2. A copy of the actual typewritten "Excitement's Crave" poem thought to have been written by the EAR.
3. A copy of the envelope the poem came in.
4. Any materials that were found at the same time and location of the so called map, homework pages and journal pages.

If anyone has a suggestion for a specific important document along these lines, suggest it here in the thread or to me privately, and we will consider it.

[Deleted]

Jun 10, 2015 23:28:00 GMT akwilks said:

Jun 10, 2015 4:42:23 GMT @murdoc said:

For the record, I'm not referring to Afraid being a hoax because they took it seriously by including the public. I literally know nothing else about it, so I can't assume but so much except that I believe it is the most valuable piece of paperwork. Something tells me that this is the piece that might have coaxed someone out.

As for EC...you'll never convince me it wasnt a hoax, so humbly, I agree to disagree and not argue
AFRAID though.... I feel thats the closest to reality we may ever get.

We agree on the Afraid letter. On the EC poem, the police belief that the "wife of a Mafia lord" line coincides with the fact that EAR had just attacked a house that had an Italian passport in it does not sway you at all?

Never did, as I've always known LE and people in general had a problem keeping things to themselves, especially after Shelby's frustrated admission of this in his last interview. I just don't believe that info of the crimes were ever kept totally secret, though the Afraid info seemed important enough to warrant precautions... like fewer people seeing it, like people in REAL positions of power with something to lose publicly. So maybe something else was only shown around in a smaller circle like Afraid and this was that referenced info that only "LE and EAR" would know? Whatever it is, it's more important than the "mafia lord" reference because I feel that was something both LE and people gossiped about locally.

Also, I've heard more about the mafia lord line. Such as, the husband of the victim was the son of a man involved with the mafia and he had just visited them before their attack. I don't know what's fact or fiction about it and I don't even know if I believe they were victims of the EAR at all unless they were one of the three who left dna behind. Not saying they weren't but I just don't believe everything I read or hear about this case anymore.

[Deleted]

Jun 10, 2015 23:40:47 GMT akwilks said:

Well maybe some good news. We have a volunteer to try a new round of FOIA, Cal Public Records Act requests in the EAR/ONS case. This person, a member here, is a female, so perhaps a little female charm and persistence will pay off. I am finishing another big project right now, but in about one week or so, I will help her formulate new requests using the right language and legal cites, and then she will use her skills and polite persistence to see what can be done. This person has succeeded in getting documents in another case with some assistance from me. Also, the unhelpful people I ran into may now be gone and replaced by people who are more interested in the law, the rights of the public to know and/or trying to catch a killer. Thinking of doing Sac PD, Sac SD, Cal DOJ. At this stage we are contemplating asking for:

1. The Afraid letter, and if it was destroyed, any notes or files that record, analyze or reference the content of the letter.
2. A copy of the actual typewritten "Excitement's Crave" poem thought to have been written by the EAR.
3. A copy of the envelope the poem came in.
4. Any materials that were found at the same time and location of the so called map, homework pages and journal pages.

If anyone has a suggestion for a specific important document along these lines, suggest it here in the thread or to me privately, and we will consider it.

Phone calls. Ask about more phone calls, that is something I put some faith into.