Search Warrant if STATE OF CALIFORNIA COUNTY OF SACRAMENTO SEARCH WARRANT AND AFFIDAVIT (AFFIDAVIT) l, Detective Robert Peters #701 swears under oath that the facts expressed by him/her in the attached and incorporated STATEMENT OF PROBABLE CAUSE, consisting of. 67 pages, are true and that based thereon he/she has probable cause 0000049 to believe aoes 966v} that the property pursu nTCo Sec ion 1524, as indicated below, and is now located at the loc one set herefore, affiant requests that this Search Warrant be Is :ed. . (SUN Reviewed by DDA Rod Norgaard (via email) (Deputy District Attorney) (SEARCH WARRANT) THE PEOPLE oF THE STATE oF CALIFORNIA To ANY SHERIFF, POLICEMAN OR PEACE OFFICER IN THE COUNTY OF SACRAMENTO: Proof by af?daVit having been made before? me by Detective Robert Peters #701 that there is probable cause to believe that the property described herein may be found at the location set forth herein and that it is lanully seiZable pursuant to Penal Code Section 1524 as indicated below by in that: - it was stolen or embezzled. . . It was used as the meansof'committing a felony. It is possessed by a person with the intent to use it as means of committing a public offense or is possessed by another to whom he or she may haVe delivered it for the purpose of concealing it or preventing its discovery. it tends to show that a felony has been?committed or that a particular person has committed a? felony. . It tends to prove that sexual exploitation of a child, or poSsession of matter depicting sexual conducts? a person under the age of 18 years has occurred or is occurring. . An arrest warrant exists for the target of the search warrant. YOU ARE THEREFORE COMMANDED TO SEARCH: 8316 Canyon Oak Drive is located in Citrus Heights, which is Sacramento, State of California. The residence is a single family, ical brick column closest The front door faces north and is a light color. Also to include all attics, basements, rooms, garages, grounds, storage sheds, operative/inoperative vehicles, boats, garbage containers located within the property boundaries. And Any vehicle under searched at th information, statements or admiss FOR THE FOLLOWING PROPERTY: 1. Trace evidence including blood, skin, body tissue clothing fibers, lint, or carpet/upholstery samples. elated to firearms includin f' the care and con d, as evidence by on of keys to the vehicl ion. expended Slugs, spent uliet holes, cleaning kits,?gun purchase recei Bindings including but not limited to rope, string, Any and all financial documents tending to estab homicide was for financial gain. items of personal shoes laces, addressed envelopes, video/audio tapes and keys. Telephone directories, a telephone numbers tending to establish the identity of friends,- family members of the 0000050 ans and trol of the occupants of the premise to be e, actual use of the vehicle, witness body fluids, ammunition, magazi pts/registration papers, holsters, lish if the motive for the the identity of the persons in receipts, rent. receipts, identification cards, photographs, to the front door. outbuildings, DMV registration hair, saliva, swe as nes,gun gun cases. line, cord, etc. 10. 11. 12. 13. 14. Digital storage devices including, but not limited to, computers, computer hard drives, computer Storage media includingcompact discs, and removable storage devices, digital cameras, personal digital assistance "Palm Pilots, Blackberry's, etc), and digital audio recorders. Any writings, paper medium. notebooks and loose paper sheets, any computing or data processing software. stored on any type of medium such as hard disks,- ?oppy disks, caesette tapes, compact disks, RAM or ROM units, or other permanent or transient storage medium, any computing ordata processing device(s) and associated peripheral equipment, including but not limited to computer units, keyboards, video display tubes, printers, hard dick drives, ?oppy disk drives, ?oppy diskettes, optical disk drives, optical diskettes, tape. drives, magnetic tape, compact disk drives, compact diskettes, interconnection cables, and modems, whether acoustic or electric.-Any iiterature including instruction backs, manuals, or listed computer programsin whole or in part for the aboVe computer or data processing equipment; and records which show dominion, ownership or control of any of the items to be seized, including bills of sale for computers or modems, repair-bills?for computers or modems, and sales receipts for flappy disks. Deputies are permitted to COhdUCt'a detailed search of the electronic contents of these digital sterage deviCes thro gh' means of forensic examination. Wireless electronic devices/cellular telephones and cellular telephone accessories including, but not". limited to; SIM cards, and electrical cords for charging, phones. Wireless/cellular telephones. to include SIM cards, ?ash memory, and memory chips for each telephone. . Your affiant is requesting to seize the above listed electronic devices. Any further search of those devices will occur only after your affiant or other law enforcement of?cer(s) obtain a search warrant in compliancewlth the California Electronic Communications Privacy Act. Stolen property-taken by the East Area Rapist 890 APPENDIX for a detailed list of the items. - . Any and all looked. locked boxes, chests, etc., which could contain evidence related to the criminal activity. Any and all Photo Albums and loose photographs, which showed the suspect appearance throughout the'years. worn at't'h?e time of the Magglore murders, to include a black or blue knit ski mask, brown leather jacket, dark shoes. . Any and all receipts and/or keys showing ownership of a storage unit. Journals, dairies, maps, or diagrams that depict the areas of Sacramento County, the East Bay, Orange COunty, Visalia, or which chronicle the events which occurred in those areas during the 1970's and 1980?s. . Outside experts acting under the direct control of the investigating officers are authorized to enter the above listed locations in order to photograph, video tape, diagram, and process the scene for latent fingerprints and trace evidence. 0000051 0000052 ALSO TO LOCATE AND SEARCH THE FOLLOWING JOSEPH JAMES DEANGELO :Male, Race: White, ?77 . 7 Addre nyon Oak, Citrus Heights. CA FOR THE FOLLOWING PROPERTY: -Major Case Fingerprints ~Biological material (DNA) from DeAngelo?s person to include any of the following: saliva, blood, skin, and bodily fluids. The biological material is to be collected in a non- intrusive manner. Officers are permitted to transport DeAngelo?s person to a law enforcement facility so the collection of DNA and Major Case Fingerprints can be performed in a safe and sterile environment. - Due to the severity of the crimes committed by the perpetrator, law enforcement personnel request the authority to conduct a limited strip search of the abovementioned person (Le. a strip search to the suspect's underwear) in order to ensure the subject is unarmed and all potential weapons have been removed from his body. in addition, your affiant is authorized to take photographs of the suspect?s entire body, specifically his penis. TO LOCATE AND SEARCH THE California License Plate: a white 2014 Toyota Camry, Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive Citrus Heights, CA. 0000053 California License Plate: 22D9508, a 2016 Suzuki Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive Citrus Heights, CA. California License Plate: 31561X1, a white Toyota Tacoma pickup truck, VIN: . Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive Citrus Heights, CA. - California License Plate: a 2017 trailer, VIN: Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive Citrus Heights, CA. Additional Orders: 1. Night Service Authorization: This warrant may be served on the target at any hour of the day or night. Order granted Order not granted and/or not applicable 2. Sealing of Search Warrant, Affidavit, and Return: Affiant has established good cause fora sealing order and as such, this Search Warrant, the supporting Affidavit, and the Return are ordered sealed and shall not become a public record. This Search Warrant, Affidavit, and Return shall be delivered into the custody of the Clerk of the Superior Court and remain sealed in the custody of the Clerk unless further ordered by the court. .Order granted Order not granted and/or not applicable AND.T0 lT IF FOUND and bring it forthwith before me, or this court, at the courthouse of this court. This Search Want and incor, orated Affidavit was sworn to dayof .I 5 mg, .2018, and subscribed 15. Therefore, l.find probable cause for the issuance of this Search Warrant and do issue it. (Signature of Magistrate)" A . Judge of theSuperior Court. mans: Executed by @4345 - Date weer/r I3 Hr. For further information concerning this search warrant, cantact Detective Robert'Peters #701 at:- - 0000054 REQUEST FOR AN ORDER SEALING THE STATEMENT OF PROBABLE CAUSE OR PORTION THEREOF The facts contained in the attached DOCUMENT ATTACHED Statement of Probable Cause, Declaration in Support Of Arrest Warrant)] relate tO an ongoing homicide investigation. Local media is (or may) following this case and has publicly reported limited facts about the case. Many of the details in this affidavit and warrant are not public kn?oWledge and comprisesensitive investigative information. Your affiant Your affiant requests that the search warrant affidavit be ordered sealed by the magistrate pursuant to California Rule of Court Rule 2.550 in order to permit and protect the actively ongoing investigation into this high profile case, and implement-the privilege under Evidence A ?a Station 1040 1042. Your affiant requests that this sealing order remains in rot until fu her or- 0 his court. nder oat .the' expr sed in request for an order sealing the affidavit for se Oh we J, s; end corre. COURT ORDER Based upon a review. Of the above request and a reView Of the facts contained in the IT ORDERED THAT: theysearch warrant. affidavit, and return be sealed and kept under seal and in the custody Of the Courtand not be. made part Of the public reco?rd until further order of this court. DATED: {Act/a. gr?VG ?aorta-rs 0000055 AFFIDAVIT OF ROBERT PETERS IN SUPPORT OF SEARCH WARRANT Prior to my assignment as a Detective, was assigned to the Sheriff?s Department North Patrol Problem Oriented Policing (POP) Team as a PCP Deputy. was also assigned to the Sheriff?s from 2012 to?20?l4, and before my patrol assignment I Was assigned to the Sheriff's Department?s Court Security Division, as a Bailiff. As a Bailiff, l' observed numerous homicide, felony assault, robbery, sexual assault and domesticviolence trials and preliminary hearings. - During the course of my employment as a Deputy Sheriff, I conducted several hundred preliminary andfollow-up inVestigat'i'Ons concerning. numerous types of crimes, which included, but not limited to, homicide, robbery, burglary, conspiracy, theft, assault, battery, sexual assault, child abuse, elder abuse, domestic violence, forgery, fraud, financial crimes, identity theft, vehicle traffic violations, and alcohol/narcotics and other cOntrolle?d substance violations. . As a Homicide Detective, have conducted no less than 75 investigations regarding homicides, suspicious deaths, officer involved shootings and kidnapping incidents. During the course of these investigations, l-have personally and/or assisted other experienced Detectives in no less than 20 suspect intervieWs and/or arrests. Additionally, I?ve spoken exten?siVel?y with experienced Detectives concerning the motives for committing homicides, whioh include but are not. limited to, financial gain, revenge, jeal0usy, rage, to Cover up. another crime, and/or to ,preve'nt?the discovery of damaging facts. Your affiant has also conducted nonless than 50 victim and/or witness interviews related to homicides, suspicious: death's, officer involved shootings and kidnapping incidents. ln those-"instances, have shownno less than 1'0. photographic line ups and conducted no less than 3 live lineups. Additionally, have obtained no-less than 30 search warrants, and no less than 3 Ramey warrants concerning homicide investigations. several Robert Presley institute of"Crimlnal Investigation training courses, which include Interview and lnterrogatiOn (4.0), Core: Investigations Narcotics Investigations (80), Homicide Investigations (80), Officer Involved Shooting Investigations and Arson/Explosive Investigations (40), with a specialty in Homicide investigations. Additionally, learned a alchelor of Arts degree in Social Sciences from California State University of Sacramento in 2002. 0000056 STATEMENT OF PROBABLE CAUSE i personally observed the premises and noted that it is located at: residence?s driveway. A small concrete walkway leads from the driveway to the residence 3 front door. The number address for the residence ?8316? is enclosed in a white plastic box, which is affixed to the vertical brick column closest to the front door. The front door faces north and is a light color. i am aware of the following information either from personal observations, interviews and/or information which was related to me by other law enforcement officers based upon prior investigations and law enforcement reports. JOSEPH JAMES DEANGELO, born 11/08/1945, is the perpetrator who murdered Brian and Katie Maggiore on February 02, 1978. The Maggiore homicides have long been considered to be part of series of crimes perpetrated by an individual known to Law Enforcement Agency as ?The East Area Rapist? EAR . The EAR series was linked to a vious series of crimes in Tulare County, CA, oth of those ra es an mur ers in Southern CA hundreds of sexually motivated burglaries, prowling events, and hang up/lewd phone res has now been identified by DNA as Joseph James DeAngelo, born 11/08/1945, a Sacramento County resident. (See full description page for all identifying information regarding this suspect). DeAngelo?s connection to these crimes has been established through his geographic ties the locations Modus Operandi (M exp ored in detail, but include his presence in 0000057 assaultseries known as the Visalia Ransacker Series is inclu prow mg away from DeAngelo?s residence at the time._ Additionally, it appears the Kings County Public Safety Academy was held on the campus of the College of the Sequoias. This campus is the epicenter of 'Visalia Ransacker crimes and it was a professor at this By 1976, DeAngelo had transferred to the Auburn Police Department, and was empl there the vast majority of the EAR portio . .volves ver the course of the series, . that it points to the actions and crimes of one The case is presented below. Due to the extensive nature of this crime series that has at least. 58 official sexual assault-and homicide caSe files containing more than 10,000 pages, I have provided a basic, summary of the 50sattacks-in Northern California in which all the victims. were left alive. A brief summary of a pre-EAR burglary and sexual ded (1974?1975). This series culminated in their em tedabd 'on of'a. oun' woman from er bedroom and . the murder of her fat er, .eo en asoonrone whie olice Officehh The wounding him with glass. ns scaping. Also included are detailed summaries of the DNA linked EAR cases that occurred in Contra Costa County". - an oneduty offender shot at Officer [Type here], phase: Visalia Ransacker Series From April 1974 through December 1975, Visalia, California experienced approximately 120 residential burglaries. Additionally, some of the burglaries involved attempted sexual assaults. The residences were extensively ransacked; hence, the suspect involved in the criminal activity later became known as the Visalia Ransacker. Several witnesses, who saw the suspect desCribed the suspect as a lightcomplexed white male a een to 3 years old, approximately 5-10, with a stocky build, large hips and thick legs, and light brown or blond hair. . Additionally, an analysis of the Visalia burglaries showed they were concentrated in the neighborhoods surrounding the College of the Sequoias, which is a community college off Highway 198 and S. Mooney Boulevard. Many of the neighborhoods surrounding the College were linked with drainage canals/ditches. On September 11, 1975,_was murdered in his Visalia residence. The incident began at approximately 2:00 AM. suspect was int process of abducting daughter. 10 0000058 [Type here] Based on this infermation, law enforcement revisited the Ransacker cases, at which time the learne- Additionally, law enforcement located several footwear impressions under. .. window. These footwear impressions were consistent with impressions located at several of the other burglarized residences associated with ?The Visalia Ransacker". On Monday, September 22, 1975 between the hours of 1900 and 2030, a ?Ransacker? burglary occurred in Visalia, CA at- Based on the pervasive nature of the Ransacker, the Visalia Police Department increased patrols and positioned officers in several residences within the burglarized areas in hopes of apprehending the suspect. .On December 10, 1975, Visalia Police Officerq was positioned in the garage of a residence for the purpose of capturing the Visalia ansacker. reside ce he was watching was a suspected target of the Visalia Ransacker, and Hwas secreted in the neighboring garage. Officer spotted a prow er in backyard peeping through a window. Officer gave chase and confronted the suspect with his gun and flashlight drawn. The suspect removed hii ski mask that was atop his head, but not in is face, looked at Officer and. begged him not to hurt him. Officer later described the suspec vorce as juvenile and effeminate. The suspect had one hand up over his head while the other hand was in his jac t. The suspect quickly re gun from his jacket and fired a round at nd struck Officer flashlight, embedding in the battery. As Officer ell backwards, the suspect fled over a fence. This pattern of explosive violence followed by escape when cornered would repeat itself in the series. This was the last time the Visalia Ransacker was seen in Visalia. 0000059 [Type helje] 12 0000060 0000061 briwn hiking style. half beats. with unusually thicksoles. The suspect remoVed? [Type here] What follows are brief summaries of each Sacramento case: On June 18, 1976?was sleeping in her bedroom atherpesidence in RanchoCordova,? rue. lived With'her father, who was retire rom the military and ?on vacation in Florida! Falter described the suspect as a ite male adult between the ages of 20 and 5 years old. He was taller thbho estimated the suspect to be 5- 6 to 5-9, with broad shoulders and a On July 16,1976,*was at his home located in them and 'was leaving for wor a . pp?rOXimately 5:00 he. was ysrca a as in his garage. He opened his automatic? garage door and as it was partially opened, he heard?footsteps, and observed a subject bending down and coming under the door. He was about to. open .his vehiole dobr?when he was struck on the hea hard object. He observed the suspect to be wearing. a dark colored ski mask. was struck several times in the head and body, and-too der his own ve rc 0 try and. escape. the bloWs. The suspect tried to pull from under the car, partially removing his trousers in the process. He was able to see the suspect was wearini ht wallet from his trousers and ?ed. foot out of the open overhead garage oor. is suspect Was described as a male, six feet tall or more, slender build but strong, wearing a cloth jacket, course denim trousers, and dark colored gloves. The weapon the suspect used was desoribed as no more than three feet long, about as round as a . shovel is, with padding. on the head end. of'th'e club similar to wrapped sand. walle 8 located in-a nearby yard. Prior to the attack, at approximately 2? rad heard footsteps near the paved area of his backyard pool. He looked oat a wm othing. He heard another noise a few minutes later, but didn't investigate ad a teenage daughter who had moved out of the home a couple weeks before the incident. [Type here] The suspect was described as a white male adult, between the ages of 17 and 20 years" old, no older than 30 years old, 5~8 to 5-10, with a muscular build. _On August 29, 1976, around 3:15 AM -and her two daughters, were home asleep. Whenpwoke to the chimes by her bedroom window. When she looked toward her win ow, 'she saw the silhouette of a male trying to pry her window?s screen off?, (at up and the suspect ducked down. ran to_room and told er The two of them went to her sister, eone was trying to break into their house. froom to wake her but could not get her up. I After quickly looking into the backyard, ma?nt to the kitchen to use the phone. As as dialing the phone, they heard curtain rod fall to the floor'.~ Shortly t, erejafter, they saw a male silhouette standing in front of them. He told them to freeze or he Would kill them.- The suspectwas holding a gun in one hand and a club in the other hand. The suspect told them he just wanted money. the tried to tie~ands behind her OK but she struggled. The suspect struck?everal times in he head with the club. as able to flee the residence to a neig or's house. The suspect in turn fled the residence. -?nd her daughter described the. suspect? as a light complexed white male adult, 0000062 between 20 to 30 years, 5-10 tall, with a slim build. They indicated the suspect was armed with a revolver, wearing a black lineman?s? style utility belt and was wearing no clothing from the waist down. They thought he was wearing high shoes/boots. l4 [Type here] Se jembe 4, 1977, arouno mm ent to her parent?s reSidence on to do laundry.i as described as a very dark street, with no over ea streetlights. There was a drainage ditch, which ran north of the residence and a nature area to the south of the residence. At around 11:15 PM -finlshed her laund was parked in front of the" residence. As she? . - there. After freeing herself,!notified the eriff? noticed the suspect had leftin er vehicle. skinned white male, Department. Additionally, she described the sus ectas a light- parents' residence was approximately 2.5 miles from American River College. Additionally, there are several drainage ditches which transverse the area. I After the fourth burglary involving a sexual assault, the Sacramento County Sheriff?s Department began to realize they had a serial burglary] rapist. The suspect was targeting residences and females in-the Rancho Cordova, Arden/Fair Oaks, Orangevale and Citrus Heights communities of Sacramento County. He would later be called the East Area Rapist (EAR). - On Octobe around-6:50 AME . as lying in bed with her 3-year-old son, when she a li' ht switch and facts. spa in the hallway of her residence, Which was located. at in Citrus-Hei? hts. he could hear him walking around the house. When After the suspect ymore-vas able to remove her blindfold and she could not hear the suspect an 15 0000063 [Type here] went to a neighbor?s house for hel and was 5-10 tall. stated the suspect- Additionally, there was a drainage ditch in close proximity to her residence. On October 9 1976, around 4:30 AM, at in Rancho Cordova, a 19-year-old female, who resided later notified law enforcement of the assault once her co-worker arrived at her house to pick her up for work. - was not able to provide a was wearing black leather shoes. The through an unsecure living room window at the rear of the house. physical description of the suspect, other than he suspect entered residence In addition, investigators learned September of 1973. residence had been burglarized in On October 18, 1976, around 2:30 AM, who resided at Carmichael with her husband and two children, was awakened by her so told her someone was trying to get into the house through the kitchen window. 16 0000064 0000065 the sys'peqt as a white male: adult with dark hair on his, ar The-suspect} then told . . . . ?asked the suseect-not-ta zjurt her dag-and the fsuSpect re lied, he would not. Once the suspect ran? off; .. (ardher've'hicle drive waybas able to free [Type here] 7 ,She was able to Untle herSelf and go to her .nel'ghbor's house? for help; --ass.o.lid indicated-the suSpect-wa?swejarin?g; said?rk 't?shi'rt, gloves and-White jockey shorts. was no wearingtany' pants. . .ZOt?to moveth'athe. would bejba'ck 'ln 15?mlnutes. hersf?lf? from her bin? lugs-ta; 1d Quinta? her-house-for help. described tne suspect-as- a white maleadiut, 6 feet tau; a heaVy? gray jaCket?, White cotton mechanic?s gloves, and brown desert boots. The suspect also. continuously- told. kghut up. l7 [Type here] ehiole was recovered the following da Octob 'r 19, 1976) parked in front of which was .3 miles from ouse and .27 miles from ctober 9, 1976 incident) vehicle was locked and herdog could- be heard barking from the ?trUnk. - Later on January 4, 1978,- received a lewd telephone call from a male, who asked if she would like him to lick her ussy. He also tol . he knew where she lived. On 11/10/1976,_ a 16-year-old high school student, who resided at? in Citrus Heights, was home alone watching television when she eard a lou norse coming from the living room. Her dog began to shake and bark, but- asnot concerned and continued watching television. . . . was able to untie her wrists and ankles and walked back towards her house. When she reached her neighbor?s house, they called for help. described the su3pect as a white male adult, 18 to 23 years old, 5-10 and 165 pounds. Shei ic th sus ?ect had brown hair with a ve ale complexion. The suspect wore a heavy coat, tan leather gloves and possible fatigue type pants. 0000066 0000067 [Type here] a 15-year-oid?who On 12/18/1976, around 7:15 PM, lived atVin Fair Oaks with her parents, was home alone with a cold. Her parents a gone to a Christmas party and her sister was at a friend?s house. 'As was practicing the piano, she heard some strange noises but didn?t think anything of it. - described the suspect as a white male adult with a regular build. She could not tell his age or height. She indicated the suspect was wearing -and nylon type jacket. During the investigation, investigators learned Cecelia M.?s had previously been burglarized and ano assault bur la had been reported a quarter of a_miie 19 [Type here] On 1/18/1977, around 25-year-old? - who lived at in Sacramento, went to bed. Her husband was out of town on business. was able to free herself and call for help. ?vehicle was recovered the following day (1/19/1977) in an apartment complex parking lot, 1.5 miles away from_ residence. The vehicle was locked and the keyswere missing. described the suSpect as a white male adult, 5-11 and 180 to 185 pounds. He Wore ossibly polyester pants and a lightweight jacket. 20 0000068 [Type here] On 1/24/1977 around 1 :00 AM fr .- . ?mews separated from her husband and lived at? itrus? ?ights, was entertaining friends at her rest ence. . Shortly after mdni ht. arty.t . avin - he heme . wine- Aeftr failing . After the Suspect lemmaited 15 minutes before moving, at which time she untied herself and cat e. 'elp. - On 217/1977. around 6:50 AM-, at30-yeargodls . .. was at home with her daughter. She resided at Her husband had 'just- left. for work and asked her to make-sure the ouse-was-locked since he saw a suspicious. van nearby. _waiked through the house, checking the doors. However, when she turned around the suspect was standing there with a gun pointed at her. 2] 0000069 0000070 . sho s, enms . oes an a red/white/blue jacket. She said the suspect also had [Type here] .- . .A neighbo responded called thepolic . hter described suspect as a white male adult, . She indiCated thetsuspect was wearing white joc ey hair-y legs. - who resided at6 stated he saw a along a cement drainage ditch. didn?t think A student at Del Campo High School also sa downii disappear. into the park. the subject described by,- During the investigation, investigators learne z?and her family had prev' 0 been victims of burglary on two separate occaSIons. Additionally, prior to her her family received two phone calls where the calling pa ung Up. 22 [Type here] 611977, at 10:30 PM, 18 year old who resided aim it ents had been 3 o? as found lying on the ground a ad sustained a gunshot wound to the abdomen. ewas imme ra sported to the hospital. -father told law enforcement the famil was in their house when they heard a noise coming from their backyard. Whe'n?t?nd his father went into the backyard to - investigate the noise, they saw the shadow a man. The suspect took off runnin tOWard the street and the ave chase. The suspect hopped a fence and shot?is ?ell to the ground. he attempted to fellows-i; Adi-tamer approached, he'heard-a second gunshot. His father grabbed andgpulled him around the other side of the house. . A neighbor heard the gunshots and tried to follow the susp ct. He came on three girls, who told him they saw a male, run into the bushes by ?he girls could only describe him as a male between 25 to 30 years 0 WI eavy egs. [1977 around 9:35 PMii?; a 38-year-old female who lived at? Sacramento, returned home after spending some time at a friend?s house. Shortly after arriving home? went to bed. Prior to going to sleep, recalled checking all the doors an wm? owe to make sure they were locked. ;23 0000071 [Type here] . ?h?wt?ried to use her telephone, ere was only a dial tone. . ade her way to the front door and yelled for help. Law enforcement responded shortly thereafter. it was determined the suspect gained entry into the residence by prying open a rear window. In doing so, he broke the bottom piece of the window. On 03 18/1977, around 10:40 ?whoresided with her parents at home from work. She worked at a local? Prior to leaving work, - porch light on. However, when* lights were on. a 16-year~old student at Rancho Cordova, arrive asked. her sister to leave. and arrived home, only the kitchen and"living room 'Once. inside her house, called a friend to arrange to go over to visrt. 24 0000072 [Type here] wa mg ack and forth fromt IC an arid the ?ckyard. mater heard knocking on the front door. lt-was -nd her father checking on her. When they were not able to enter through the front door, the wen round to the backyard and entered the residence. Once inside, they found?d untied her. home tale hone Continuously rang. It was determined as to reach #he suspect became very tense and began Investigators located pry marks on'the back sliding glass door latch had been broken in half. All three bedrooms had been ransacked, which 'hought occurred before she got home. - described the sus act as a On 41021197 a 29-year-old mm resided at: e, arrived home from the rive-m moves. She was with her boyfrien nd her children. hite male, 25 to 35 years old, 5-10, mediumbuild After eve. one went to bed-,- as awoken b. something. 25 0000073' [Type here] described the suspect as a light complexed white male adult, 5-10 medium build with large thi he and ve course leg hair. She indicated themsus ect described as a dark nylon Windbreaker. . The only thing missing from the residence was the money- During the investigation, investigators learned there had been recent reports of burglary and prowler activity in the neighborhood. In one instance, a homeowner chased a white male adult, 25 to 30 years old, 5-9 to 5-10, stocky build, With collar length hair. 03/1977, around 2:00 AM, with her husba 0-year-old_ who resided at two children, was home asleep. Her husband was a and their house backed up against the levee for the merrcan As everyone was sleeping, awoke for an unknown reason. 26 0000074 [Type here] -desonbecl the suspect as a light build. The suspect wore a jacket.? The susiect iained anti into the residence through a sliding glass door. The only items 4! 1977 around 2: 00 AM, who resided with her fianc? a awaken her face. white male adult, 5-10, 165 to 170 pounds, with a" nd a dark puffy ski 27 0000075 [Tybe here] 5 min'utes,? grabbed a' knife fro went to her fiance and freed him. . neversaw the suspect?s face and She described the suspect as 5-8 to 5~1'0, 145 to 150 poun 8 With a small build. She. said the sus . peot wore a green khaki nylon jacket and military style boots. _r . The suspect took a proximately $100 in cash, I During the investigation. investigators learned there Was an incident nearby where a neighbor saw a prowler standing by a window. .. und 2:00 AM, 7 22-year-old female, who resided 5h her hUSbanqas home in bed whens r. 9. Short! after, om asee 28 0000076 [Type here] After waiting several minutes,'- freed herself from her bounds and ran to a neighbor?s residence for help. described the sus ect as a male adult, 5-9 to 5-10, stocky build,? The? suspect had brown collar length hair and hairy legs. Like many of the other victims, a month prior to the incident neighborhood kids saw a stocky male prowl'er in the backyard of a residence in the neighborhood. On 5/17/197- a 0 children at was in bed wit' 9? room. Carmichael.'At or around 1:30 AM ey awoke to the suspect in their 29 0000077 [Type here] did not hear anything for 30 minUtes until she heard her husband moving around and calling for his father to come untie him. -described the suspect as an adult male 5-8 to 5-9. He wore a- 00? 12?2?1977 around 10:30 a 36-year-old female, who lived at? in Sacramento with her husband and two children, was home with her two children and two friends. and her children went to sleep. Shortly arefalling 30 0000078 [Type here] and her famil had been the victims of two earlier Investigators also learned burglaries. - . . On 1/28/1978, around 10:00 PM- and her siste 15 and 14 ear old high school students, who resided with their parents a were home alone. They had been watching television and decided to go to Sleepf Shortly after falling asleep eard a thumping noise. After 15 to 30 minutes, the sisters heard their father?s voice calling out to them. He found them in the bedroom and untied them. The? father. told investigators he and his wife arrived home around 11:30 PM. As they pulled into the driveway, he noticed the laundry room d00r open and several lights. -stated the suspect was 5-10 and wore a The victim?s residence was a quarter of a mile away from American River College. 31 0000079 0000080' [Type here] In most of the attacks, the suspect struck homes easily accessible from a drainage canal, creek, or open field adjacent a creek. enage boy occurred in the middle of this phase, on 2/16/77. An attempt an 18 ear old white male who lived at home with his The victim, Several officers had been posted in the neighborhood due to the Ear Area Rapist series which hadbeen going on slnceJune? of 1.976. A radio call was received at approximately 22-30. hours on February 16. 1977 statin a- 0 had been shot. Sacramento Police Department Officers res' ondedto met with a citizen who direc ed them to asfoun my on ground by a fence located between 7 He had. Sustained a gun shout wound to his abdomen. as ranSport?e? to Sutter Hospital and treated for his injuries. Accordingt (father of-th, as me the evening when they hear a noise coming from their rear yard. Wm ant to check the yard, and saw- the shadow of aman prowling an coking a a eenage girl in the home. The subject took off . . street and both gave chase. The suspect ran .acrossthe street to nd jumped over the fence on the WP: ?list; about to clear the fen when the first shot was fired striking him. - . 'k to the ground. ??proached Wm a second shot-was ?red. grabbed; nd dragged him to er side of the residence. - etc and went to investigate. Nearby elling for help. 9-1-1 was then?called. Other stated they saw a subject running through a yard Several neighbors stated they he neighbors on. lheard neighbors on - 32 0000081 [Type here] on the east side of the Court, then out onto". nd run northbound, across -nd into the parking lot of There they lost sight of him. neighbor responded to the gunshots and tried to follow the suspect onto asks When he reached that roadway, he saw three girls walking along? he 'ng and they told him they saw a male rUn in the em if'they bushes in front of? hey could provide no further description, other ?heavy legs.? than male, 25-30 years 0 and having From 6/18/76 to 4/14/78, during Phase One Of the series, the ?ttacks all occurred in the greater Sacramento area east or north east of downtown. Two cases during this phase occurred in Stockto in September, 1977 and another in March, 1978. After each Stockton attack, the went back and attacked in. the Sacramento region. The neighborhoods where -_assa?ults eventually occurred, were plagued with hang up and lewd - . - .calls' that . o. 'both burolaries in the neiohb'orhoods, prowling - and ssaults. Detectives! have pokein with who Worked the initial investigation egan to become aware .these? ph one calls: Phase One began coming to an end with the Rancho Cordova double murd of Brian and?Katie Maggiore on2/2/78. Though the offender committed 2 additional assaults followmg the doable murder, he never patrol Ii risdiction oflthe Sacramento 'Qounty Sheriffs Department again. His final-two a .saults in this phase Were in Stockton and the Pocket area of Sacramento. The ad never struck the Pocket area of Sacramento before. An enhanced composite sk . etch of th sus act in the murder of Brian and Katie Maggiore was released on 4/16/78, DETAILED SUMMARY OF THE BRIAN AND. KATIE MAGGIORE MURDER: Shortly after 9pm on February 2, 1978, USAF Sgt. Brian Maggiore, 21, and his wife Katie, 20, took their dog for a walk through Cordova Meadows, the quiet, middle class subdivision of Rancho Cordova in which they lived. On'that'pa?rticular evening, the area they walked was very dark. Only a quarter moon, a-few porch lights, and a couple of residential light posts at the ?edge of an occasional driveway provided illumination. At 33 [Type here] the time, Cordova Meadows was heavily prowled and burglarized and was the location of several sexual assaults At some point on their walk, Brian and Katie engaged with an unidentified assailant and came to be in the backyard of a residence in the 10100 block of La Gloria Drive. It is unknown whether they were chased into the yard, followed the suspect into the yard, or perhaps followed their into the yard (the dog was later located in the swimming pool of the residence). A witness who lived at the residence described the violent encounter in his backyard. His vantage point was an upstairs window. He observed the suspect and the victims in his backyard and watched as they ran into the adjacent rear yard on La Alegria Drive (one street 'south of La Gloria) through a section of a fence that had been blown down. The witness at the La Gloria residence saw the suspect raise his arm and fire at the fleeing victims. He also witnessed the suspect fire towards the ground near- the patio of the La Alegria residence. (Brian was subsequently located in this location suffering a from gunshot wound that rendered him unable to speak.) The witness then saw. the suspect run around the east side of the house near the residence?s chimney and disappear. It was too dark for the victim to make out specific details of the suspect even from his excellent vantage point. . A different witness standing in his driveway on La Alegria Drive was speaking with a neighbor. Both the witness and neighbor heard two separate gunshot events. The witness then heard the sound of a man jumping over the gate immediately next to the chimney of the crime scene residence on La Alegria where the suspect had fled. He heard a sound as-though someone had jumped a fence and fallen into bushes. The witness said he heard the suspect thrash in the bushes, free himself, and then run west towards West La Lorna Drive (Witness?s direction.) The witness then saw the suspect run up onto the witness?s-lawn and near a tree in the yard. The suspect got within approximately 25 feet of the witness when the suspect spotted the witness and the . neighbor. The suspect rapidly changed direction and ran across the street. In his brief observation, the witness noticed the suspect was wearing a black or blue knit ski mask that left only his eyes and nose exposed and waspossibly holding a handgun. He further stated the subjeCt was wearing a brown leather jacket, gathered at the waist, with a peanut-shaped stain on the lower right side of the back. The subject had dark, quiet shoes. He described him as 6?0? to 6?2? inches tall with fair skin. He worked with, a sketch artist and the following composite was drawn: 0000082 0000083 [Type here] A witness who lived across the street reported to detectives that she had seen the subject run onto the lawn from the sidewalk as described, and change direction. She observed the subject to be approximately which came from a direct comparison of the height of the suspect to the height of the young man who was in his driveway, and was known to her. A young lady in the same home reported the suspect ran through her side yard, jumped a fence in the backyard, and ran onto the adjacent street, Capitales Drive. Several other witnesses apparently saw the same suspect (based upon their general agreement on clothing description and other features) on Capitales and other nearby streets generally heading northeast, away from the crime scene. Odd behavior was noted by several of the witnesses, including strange comments such as ?Excuse me, l?m trespassing? when seen by a resident in? his yard. One witness saw the suspect carrying a football-sized object in his hand that appeared to be made of cloth. The suspect would jump behind objects and shield his face with his arm and jacket whenever he encountered a witness. events followin the shootin only a In all of the nearly one dozen witness accounts of lone sus ect was observed by each witness. hey desori?bed him as follows: - White male - 5?9? to 6?0" - 20-30years old - Brown hair to middle of ear: described by some as light brown, by others as brown or dark brown - Hair parted, but described by some as bushy - Dark jacket made of shiny material, possibly leather or vinyl, most commonly 'described as brown - Soft-soled shoes 35 [Type here] At the crime scene where both Brian and Katie were shot a sin . gle pre-tled shoelace was located In tge yard a few feet from where Brian was lying. onsidering that several . . ?2 mi:- a a . it 1? L?s? 36 0000084 0000085 ?up phone calls Where caller said nothing an [Type here] Brian and Katie Maggiore were each transported to area hospitals where they died as a result of the gunshot wounds they suffered during this event. EXAMINATION OF THE EVENTS LEADING UP TO THE MAGGIORE HOMICIDES neighborhood of the murders (Cordova MeadoWs subdivision) reports nc'idents. in the. weeks and days leading up to the murders as well'as th he murder. These incidents included prowlers, hang-up and/or silent phone calls, and burglaries. Additionally, other residences along the American River Parkway to the east andwest were burglarized that night. Twelve homes in the immedi' Affiant has read all of the. nei?hborhood crime reorts leadino to the Maggiore rders. he ollowmg crimes. occurreo wee 8. days, and hours preceding the murder of Brian and Katie Maggiore. All occurred within approximately 1/3 mile radius of each other. Ayoung woman reported receiving hang would then hang up. These occurred 37 0000086 [Type here] every night for a week prior to the murders. All calls occurred at the same time: 8:00 pm. There was no call the night of the murder or at any time after. A young couple moved into the home in the fall of 1977. They had prowler, activity at night and, suffered a burglary in winter of 1977. Undergarments belonging to wife appeared to be missing. Gates and doors were found open around Christmas of 1977, leading them to believe the home had been re-entered. No items were taken. prowler activity in the twoweeks leading up tothe double murder. Alec reported were phone calls where the caller said nothing and then hung up. 2% 25-year?old woman experienced heavy prowler activity beginning a little over a month before the murders. Shoeprints were found outside the bedroom window, and the gate was. constantly left open. Attempts to secure it resulted in the culprit damaging it to gainentry. Drawings on the window' in what was suspected to be bodily fluids were left by the culprit. married couple in their early twenties reported experiencing a burglary, four months befbre the murders, in which nothing was taken. An unknown subject was observed in backyard on one occasion. man in his twenties and two female roommates in ?entles reported prowler activity a few months before the murders. Numerous hang up phone calls had been received since that time. 7 married couple in their early twenties reported receiving suspicious phone calls, beginning a week prior to the murders, in which the caller would say nothing and then disconnect. we?. mums; 3.1.. . tA woman in herthirties suffered a nighttime three nights before the murders. Nothing was taken. A woman in her in her twenties sustained a nighttime attempted burglary on" the night of the murders. The burglar?s entry Was thwarted by a secondary security device on the sliding door. The victim also reported an uptick in recent. p'rOWIer activity at the residence. . . . . fi?ffesidence on this block was burglarized within a week of the murders. The exact dot and time are unknown, as the house was in the pre-sale stage and vacant. The residence had been completely secured, with all doors and windows lacked a week prior by a real estate agent, Items were disturbed within residence, a carpet Was stained, and entry was made: through a kitchen window. Multiple screens were bent and two window$ (including the point of entry) were unlocked. The attic was disturbed, and the access cover was moved from directly over 38 [Type here] the hole to the. far edge, leaving the attic access hole open. Stains tested negative for blood or other biological substances. On several occasions when the real estate agent drove by the residence, he observed a yellow. ten-speed bike parked on the landing by the front door. The residence appeared otherwise normal, despite the presence of the bike. attempted burglary occurred on February 1, 1978. at I: approximately 10:00 pm, which was heard by neighbors who knew occupants were gone. The suspect kicked in padlocked side gate (which served as protection for swimming pool) after gaining initlal access to the backyard via an open side gate. The window to a bedroom located'withln an enclosed patio was pried open, and another window had it's screen removed. No entry was ultimately gained, possibly due to the awakening of the neighbors. . . iwjdman in her late thirties and other female occupants in the home across the street from the murder scene reported numerous suspiCious hang-Up phone calls in the week prior to the murder. The final call was received at -8pm on the night of the murders. The caller said nothing, remained on the line briefly, and then disconnected. 0000087 COMPOSITE SKETCH A composite sketch 0f the probable killer was released in A ril 1978. This composite was cone" ered the me "his at the time of? release. Two offenses occurred followmg the murder of the Maggiores, but prior to the release 0 sketch. One was in Stockton, where?he had preViOusly struck before after a multi-month absence. The other was in the?City of Sacramento?s ?Pocket' area, where he had'never strUCk before. 39 [Type here] .Maggiore Joseph James DeAngelo in the late'1970's as 53 an Auburn Police. Officer 0000088 0000089 [Type here] in June, 1978 Phase series. On 6/5/78, in Modesto/and within 48 hours he attacked in Davis on 6/7/78. The distance 3. between these two cases I is 9'1 driving miles. Within two weeks - attacked again in Modesto on 6/23/78 and within 24 hours he had returned to Davis and attacked on 6/24/78. Two weeks g; passed and he attacked f; once more in Davis at g} 2:50am on 7/6/78. This last Davis attack concluded Phase 2 of the series. 41 [Type here] Phase 3: East Bay- 10/78 T0 7/79 A three month long gap exists from the first week in July, 1978 until the week in October, . 1978 when no known . es occurred - the - longest period of inactivity up to that time. Phase 3 started in October, 1978 fter the three month period. Two couples wereh within two days of each other (10/11/78 and 10/13/78) in Concord. Overt 9 next ine months the Concord cases ommitted ssaults in . Walnut Creek (612/79 and 8/25/79), Danville 4 (1.2/9.178, 6/11/79, and 7/6/79), San Ramon (10/28/78 and 12/18/78), Fremont and San Jase (11/4/78 and 12/2/78). Most of these tba'tta?ck's in the East Bay were in neighborhoods ?L-jj' within a few minutes driving distance of Interstate 680. After the last Danville case on 7/6/79,_ disappeared with no more known cases occurring in Northern California. Both i'acrm 7 to and Contra; Qostfaglaw enforcement agencies formed dedicated- Ta?s.k: Forces tie address 'th'escohtindous threatto the public created by the Proactive. tactical patrol strategic were implemented and every attack was thoroughly investigated. Hundreds ofsuspe bypatjfol?officerfs or the. task force investigators and description, alibis, or through seoretdr Status. In 2001, DNA testing. done by the. Contra .Gosrta County Sheriff's Crime Lab linked three-of the cases trm?s summarized . at length below) to a series of homicides committed in Southern California between 1979 and 1986. Six cases with ten murdered victims? were spread across Santa 42 0000090 0000091 [Type here] Barbara, Ventura, and Orange counties DETAILED SUMMARY OF THE 3 DNA LINKED EAR RAPES: mantra Costa County Sheriff?s Of?c On 10l28/78_and1 San Ramon, CA. 1 43_ [Type here] man left: The crim?inalist processing the crime scene noted that the phone cord in the bedroom had been cut by the offender. . In 2001, the DNA profile vered from- neck matched the DNA profll recovered off of 311980 Venture PD double homicide of' Lyman and ar 9 Smith. - Contra Costa County Sheriff?s Office- .was asleep in her bed on. 7. Danville, CA. After .she had fallen asle .. '44 0000092. [Type here] left the house In 2001, a DNA. profile was swab that matched the DNA pro?le 3/1980 Ventura PD doublohomicido of Lyman and Charlene - Contra Costa County Sheriff?s Office- 0? 6/1 1/79. at 0.400HRS, . . .0 QDaville, CA. WOKeup recovered from%. recovered off of Mith. 45 0000093 0000094 [Type here] The suspeCt left and did not return. In 2001, a DNA profile was develo ed from swab that matched the DNA profile recovere off of 3/1980 Ventura PD double homicl yman and harlene Smith. Phase 4: Southern California were attacked while Goleta CA Santa Barbara area). This On 10/1/79, they sle tat their home on the female victim ear eo en er pacmg ack nd forth repeatedly stating ?I?m going to kill them, I'm going to kill them this time.? i got up and ran towards the front door. The offender caught her and she heard scream so he jumped out of eams. he male victim 1%de the 0 en er the scene on a stolen bicycle. An off duty FBI agent who was a the sliding door into the backyard. At this point neighbor of the victims responded, got into his car, and pursued the offender. The offender drops the bike and starts hopping fences and escapes. On 12/30/79, Dr. Robert Offerman (44yr WMA), an orthopedic surgeon and successful businessman, and Dr. Alexandra Manning (35yr WFA), a successful were found dead in Offerman?s condo at 767 Avenida Pequena, Goleta, CA. Manning was found nude lying face down in the bed with her hands bound behind her back. Manning died as a result of a single gunshot wound to the back of her head. . Offerman was found nude lying on the floor next to the bed with the same type of binding as had been used on Manning wrapped in his hand. He died from three gunshot wounds: one to the top of the left buttocks, one to the right front side of his neck, and one at the front base of his neck. Both victims had been shot with nOminal .38 caliber bullets all fired from the same gun. On 3/16/80, Lyman Smith (43yr WMA), a former Deputy District Attorney who was expecting to be appointed as a judge by Governor Jerry Brown, and his wife Charlene Smith (34yr WFA) were found dead in their beds at their home located at 573 High Point Dr., Ventura. Lyman was found nude lying face down on the right side of the bed. Both his hands and feet had been bound. Charlene was found nude from the waist down, lying face up with her hands bound behind her back. Her ankles were also bound. Both 46 0000095 [Type here] victims died as a result of blows inflicted to their head by a wood log the offender had procured from the firewood pile outside the house. Semen recovered from Charlene?s vaginal swab is consistent with-DNA profile developed from the aforementioned. Contra Costa cases. This attack will be summarized in much greater detail later in this affidavit. (A detailed summary of this case is contained below.) - On 8/21/80, Keith (28 yr. WMA) and Patrice Harrington (28 yr. WFA) were found dead in their bed by Keith?s father Roger Harrington at their house owned by and shared with the father at 33381 Cockleshell Dr., Laguna Niguel. This house was located in a gated neighborhood but anybody on foot could easily gain access into the area. Roger Harrington was a wealthy businessman. Keith, a medical student at UC Irvine and Patrice, a nurse, had both been bludgeoned in the head by an unknown blunt object. Both were lying face down and had been completely covered with bedding. Keith was nude while Patrice was only wearing a short white terry cloth robe. Binding marks were present on both victim?s wrists and on the female?s ankles. The binding material had been removed, presumably by the offender, prior to. the bodie bein found. Semen recovered from Patrice?s vaginal swab is consistent wlthi DNA profile developed from the aforementioned Contra Costa cases. On 2/6/81, Manuela Whittuhn (28 yr. WFA) was found dead in her bed by her mother at 35 Columbus Way, Irvine. Manuela worked as a teller handling auto loans for the Airport Branch of the California First National Bank in Irvine. Her husband, David Whittuhn, was in the hospital being treated for a viral infection and therefore was not home when the homicide occurred. Manuela was found dressed in a bath robe and partially wrapped in a sleeping bag. She had received multiple blows to the back of her head. Binding marks were. found around both her Wrists and ankles but the binding mate 'al was 'ssing. Semen recovered from Manuela?s vaginal swab is consistent with? DNA profile developed from the aforementioned Contra Costa cases. On 7/27/81, Greg Sanchez (27yr WMA) and Cheri Domingo (35yr WFA) were found dead in the master bedroom of 449 Toltec Way, Goleta. Cheri was house sitting at the residence that was for sale by the owner. Her boyfriend Greg had apparently come over to visit. Real estate agents found the bodies after coming to the house with clients. Greg was found nude lying face down on the floor, partially in the bedroom closet. He had one non-fatal gunshot wound that had entered through his left cheek and had received 24 blows to his head from an unknown weapon. After receiving the blows, Greg's head had been covered With Clothing from the closet. No binding marks were present on either Greg?s wrists or ankles. Cheri was found nude lying face down in the bed and was completely covered by bedding. Both arms were behind her back and binding marks encircled both wrists. However, the binding-material was missing. Binding marks were also present on her ankles with the binding material missing. Cheri died as a result of multiple blunt force injuries to her head. A semen stain on a 47 [Type here] blanket at the scene is consistent with?DNA profile developed from the aforementioned Contra Costa cases. On 5/5/86, Janelle Cruz (19 yr. WFA) was found dead in her bed at 13 Enclna, lrvine. Janelle worked as a cashier for the Bullwinkle?s restaurant. Janelle lived with her mother who was on vacation at the time-of the homicide. A realtor had gone to the residence that was for sale to prescreen it for a client and found Janelle?s body. Janelle was found lying face up on her bed with a blanket covering her head . She was nude from the waist down. Janelle died as a result of multiple blows to the face and head from an blunt weapon. Semen recovered from Cruz? vaginal swab is conSistent with DNA profile developed from the aforementioned Contra Costa cases. . - DETAILED SUMMARY OF VENTURA MURDERS 0F LYMAN AND CHARLENE SMITH: On 3/16/80 at 1:55pm. went to his father Lyman and stepmoth arlene Smith?s house at 573 High Point Dr. in the city of Ventura to mow the lawn. [knocked on the front doorand after receiving no response; he went to the rear an con acted two males who re'workin in the rear yard. The two males indicated that his father should be home. proceeded to a garage door and found it locked so he went to the front car a an knocked again. After not receiving a response at this second attempt, tried to open the front door and found it unlocked. He entered the residence an no Iced the pillows disturbed on ivin room couch and heard-a noise coming from the back of the residence. followed the noise to the master bedroom and discovered the noise was the alarm cloc . Upon entering the master bedroom, *noticed the dresser had been ransacked with doors open, drawers pu ou and items disturbed. aw the bedspread had been pulled up and covered two figures laying on the bed. went to the far sideof the bed to turn off the alarm clock and wake up his father. At is ime he noticed blood on the bedspread. ?lifted up the bedspread and observed his father, man Smith DOB 4/7/36, lying ace down, with a large amount of blood on his head. hbelieved at this time his father was dead. -iheni called the police. Upon entering the master bedroom, Ventura detectiveqobserved a king size bed with the head against the south wall. A blood-stained woo log was laying on .top of the bedspread at the foot of the bed. Pieces of bark were on the floor on the east side of the bed. Two figures were lying in the bed, completely covered with the bedspread. Blood was observed on the bedspread up at the head of the bed. lifted the southwest corner bedspread and observed a white male adult, later identified as Lyman Smith (DOB 4/7/36), lying face down on the pillow. Lividity was present on the face and a large amount of blood was under his head on the pillow. Lyman Smith was completely nude. Thedetective then lifted the southeast end of the 48 0000096 0000097 Subsequent investigation into the family lineage led'to identif in Joseph James DeAn oJr. DOB: November 08 1945 white male,? as a poten ia suspec. On pri [Type here] bedspread and ?observed the body of a white female adult, identified as Charlene Smith DOB (4/17/46) laying on her back, with a large amount of blood covering her face and on the pillow. Charlene Smith was wearing a shirt but was nude from the waist down. Both victims had their hands bound behind their back with cord and each of their ankles were also bound. A small amount of blood spatter was seen on the wall at the head of the bed. Both bodies showed signs of early decomposition changes. The autopsy found both victims had died as a result of multiple bloWs to the head. The wood log found at the foot of the bed was determined to be the weapon used to inflict the injuries to both victim?s heads. A wood pile on the north side of the victim?s house was determined to be the likely source of the wood log used as the bludgeoning weapon. Semen was found on Charlene Smith?s vaginal swab. - In 1996 DNA testing from the semen evidence linked the double homicide of Lyman and Charlene Smith to three other homicide cases in Southern California: the 8/1980 double homicide of Keith and Patrice Harrington, the 2/1981 Irvine PD homicide of Manuela Whittuhn, and the 5/1986 homicide of Janelle Cruz. In 1997, DNA testin further linked en evidence from Charlene Smith to three Contra Costa County? ases that occurred at the end of 1978 and the early part of 1979. A from the 7/1981 Santa Barbara double homicide of Cherie Domingo and Gregory Sanchez was also linked to the DNA evidence recovered from Charlene Smith. estigation into the homicides of Lyman and Charlene Smith focused on a business partner of Lyman mit who had been at the house the last night the victims were known to be alive. ?ingerprint had been found on a drinking glass recovered from th kit en c0un er inside the Smith residence and a pastor had come forward stating ad made incriminating 'statements about being present during the homicide during a personal counseling session. The Ventura District Attorney charged ith the mu ers bf Lyman and Charlene Smith. The pastor, the primary witness against defendant?was discreditid at the preliminary hearing and the Ventur District Attorney droppe case agains Subsequent DNA testing eliminated has the donor of the semen recovered from harlene Smith?s vaginal swab. Your affiant learned additional DNA testing conducted during the first uart from the Smith semen evidence resulted in identifying a relative 2018, a surrep l0 0 was collected from the driver?s side car door handle he was directly observed driving. DeAngelo?s vehicle was parked in a public location at the parking lot of the Hobby Lobby store in Roseville, CA. A swab was collected from the door handle while DeAngelo was inside the store. This car door swab was submitted to the Sacramento DA Crime Lab for DNA testing. 49 0000098 [Type here] On 4/20/18, affiant received results produced by the Sacramento DA Crime Lab from a swab of DeAngelo?s door handle. According to a qualified DNA criminalist the DNA cOntained a mixture of three individuals. The criminalist was able to isolate a contributor which accounted for 47% of the DNA present in the sample. The DNA was compared to one of the Orange county profiles which was confirmed by the criminalist to be identical to the profile from the March 1980 Lyman and Charlene Smith double homicide from Ventura County. This 47% contributor of the DNA was consistent with both the Orange County and Ventura. County (Smith suspect) profiles. The likelihood ratio for the three person mixture .can be expressed as at least 10 billion times more likely to obtain the DNA results if the contributor was the same as the Orange CountyNentura County rofile and two unknown and unrelated individuals than if three unknown and unre ated individuals were the contributors. On 4/23/18, additional surreptitious samples were recovered out of DeAngelo?s trash can, located at his residence, 8316 Canyon Oak Drive, Citrus Heights, CA 95610. The trash can was put out on the street in front of his house the night before. DeAngelo is the only male ever Seen at the residence during surveillance of his. home which has occurred over the last three days. Multiple samples were selected from the collected trash and sent to the lab for DNA testing. Only one item, a piece of tissue (item 234- provided interpretable DNA results. The likelihood ratiofor this sample can be expressed as at least 47.5 Septillion times more likely to obtain the DNA results if the contributor was the same as the Orange CountyNentura County profile than if an unknown and unrelated individual is the contributor. EXAMINATION OF SUSPECT JOSEPH JAMES DEANGELO JR. It is my opinion that upon examination of the-factors linking Joseph James DeAngelo Jr. to all the cases detailed above demonstrates he is the offender responsible for the the rders of Brian?and Katie . This incu es ou' e" omicide?of'Lym?a?n'a ?arlene Joseph James DeAngelo Jr. was born within the logical time frame of the offender, on November 8, 1945. He grow up in the Sacramento area and attended Folsom High School. DeAngelo left Sacramento in 1973 and took a job as a police offiCer in EXeter, CA. Exeter is less than 20 minutes away from the city 0f Visalia, CA the; locatio of all the Visalia Ransacker cr? 3 that culminated in the abduction attempt of# and the mur fher fa her *as well as the later shooting of Visalia olice Office . By 1974, e' ngelo attended a police academy for 400 hours at y. This academy was affiliated with the College the Kings County Public Safety Academ of the Sequoias within Visalia, CA DeAngelo?s physical description is consistent with the 50 [Type here] composite sketch of the suspect in those cases is also consistent with photos of DeAngelo in possession of investigators. Joseph James DeAngelo is linked the East Area Rapist series via eo ra hical factors. Following the murder of and the shooting 0* q, DeAngelo relocated to the acramento area and took as a job as an uburn Police i cer. . Addoyitinall, DeAngelo had been engaged to marry a woman name 'onnle. it is my opinion that the EAR murdered Brian and Katie Maggiore on 2/2/78. This crime . occurred at the end of the EAR series in the first neighborhood the EAR struck in the acr ento area. This nei hborhood Cordova MeadoWs, was a very active EAR ith#burglaries, prowling events, lewd/han phone calls, and assau 3 rom uneo 1976 to March 1977. The concept of% for this offender is well documentedthroughoutthe cases, and exemii Ies avnor of the offender in his method of victim selection. This concept of was discussed in detail in the Behavioral Analysis Unit repo a examined all of these cases. Very few assaults were not preceded by this stalking behavior of a specific nei hborhoo prior to the initiation Several M.O. factors link the EAR to this crime. -Strange phrases uttered such as ?Excuse me, I'm trespassing" -Time of day is consistent with prowling/burglary offenses- 51 0000099 [Type here] ~Use of hang up phone calls to identify residents who are home with the neighbor across the street getting such calls the night of and within an hour of the murder. -The hiding of the suspects identity while fleeing on foot ~Jumping of fences to escape the area ~Lack of immediate auto transportation as suspect forced to flee on foot -Physical description of suspect consistent with EAR ~Composite sketch by witness that closely resembles DeAngelo -Cessation of activities in Rancho Cordova and Sacramento County Sheriff's jurisdiction following the murders -Cessation of all EAR activity is Sacramento County after the release of the composite ll the AR had demonstrated'in th and i. Incidents that he would resort to exp 0 ve ence if met wr resistance from a ma e. This pattern continues during the later cases. It is the opinion of your affiant that Brian Maggiore became involved in a close quarters confrontation with the EAR as he was involved in stalking, prowling, or burglarizing . behavior. I believe the EAR shot Brian Maggiore, pursued Katie on foot and shot her. Additionally, through the course of the investigation and the review of the original cases, it was determined that numerous personal items had been taken during the burglaries and sexual assaults. The stolen property below, identifies the victims? names and the associated property taken from their residences per their initial law enforcement reports: -(Referenced Above, Page 22) Size 6 Va orange blossom 14 karat gold woman?s wide-band ring, inscribed- /11/71? Class ring, 14 karat white gold, white stone, ?Modesto Junior College 1970? Tiger's ring, man?s size 9 14 karat gold setting, ?Love forever-(mas 72? Size 9 1/2 orange blossom 14 karat gold man?s regular-band ring, inscribed '/11/71" bur lar and occurred on CA, tated they 52 {September 5, 1977 i" StOthon? 0000100 [Type here] 30 hours the morning of September owing later discovered the foil property missing from her residence. One man's gold wedding band, plain. Inscribed ?For My Angel? ?1/11/70? One woman?s wedding ring and engagement set soldered together. They are white gold with a one karat diamond in the engagement ring and 5 or 6 diamonds in separate settings on the wedding ring. One man?s ring, yellow gold with oval onyx. Ring is stamped with 10k or 14k on inside of band. Size 10. Raised ridges, not smooth One silver dollar in sterling silver money clip with the letter carved into the dollar. The clip is round and fits over the outer edge of the dollar with the clip part covering the hear side of the coin. The letter is engraved on the clip portion of the item. The tail portion of the coin shows an eagle with both wings spread out. There is a small punch hole near the neck of the eagle. One silver dollar, in sterling silver money clip, date of dollar unknown One silver dollar, date of 1888 One silver dollar, date unknown, with initials ?and date ?8-8-72? carved into the dollar on the tail side. Engravings are at the feet of eagle. One set of cuff links, yellow gold with initials -n script. One tie pin, yellow gold, in shape of bar with initials -n script, but smaller than the cuff links. One gray draw-string bag, small, containing the above cuff links and tie pins. The string is red or maroon. _(Referenced Above, Page 10) Gold ring, monogrammed .in flat surface Gold class ring with blue stone, inscribed ?Lycoming College 1965? Silver antique spoon ring (Referenced Above, Page 17) Class ring, yellow gold, blue square stone, Foothill High ?Foothill Mustangs Wrestling? written on top, with drawing of wrestlers, dated 1978 with initials -nside band ?school lD card 53 0000101 [Type here] ?(Referenced Above, Page 16) One woman?s ring, size 4 1/2, white gold band with square ruby, with yellow gold bows on each side of stone. Photograph o-n a bikini - (Referenced Above, Page 13) Jade ring, gold band with oval jade, size 5 1/2 or 6 Half-dollar necklace with Statue of Liberty carved out ssault occurred on April ter discovered the following White gold ring with heart shapes with a blue sapphire stone in the center Driver's license of;- Photographs of? burglary and -assault occurred on October 29,w1977i8crme. Cut fterdiscovered the following items of property missing from their F?sidnc?a)? Wedding ring Keys burglary and mltr?ll .I - assault occurred on March 18, .ea discovered the following items of preperty missing from theirnre?sidence.? One pair of loop ear rings, pierced, ten carat gold One pearl ring with two pearls, ten carat gold One opal ring with large setting, 14 carat gold One gold ring with no stone in the setting 54 0000102 [Type here] -?,driver?s license? High school photograph of- Hamilton wrist watch with flex band, yellow gold ter discovered the following items of property missing from their residene).? One silver wedding band One wedding ring, 1/3 karat diamond .357 Magnum revolver; serial number: 42696. . 83'. er discovered the following items of property missing from their. residence.): One gold wedding band, Florentine finish, with inscription with a matching engagement ring with diamonds in a leaf Wl a ower pa ern, set in white gold. The center diamond is approximately .56 carats. Ring, white gold, two pearls, with two tiny diamonds. Ring, yellow gold, cluster of small blue sapphires. Ring, heirloom engagement ring, white gold or platinum, many diamonds. Ring, cameo Mother of Pearl, white gold, 4 tiny diamond?like stones on either side of cameo. Ring, white gold setting, with an emerald stone. Ring, yellow gold, heirloom, with emerald stone with many scratches on stone. Ring, man?s, yellow metal with blue uncut center stone, from the University of California, San Francisco with inscription D. Degree 1975? - Driver?s license Wrist watch, ladies, Times, yellow metal. Wrist watch, man?s, Benrus, brown face with date, yellow metal Spandex band with brown tiny squares. 55 0000103 00001-04 March 20, 1979 in Sacramento cu CA [Type here] Camera, Mamiya/Sekor, with case, model #1000 Zoom lens, Vivitar, model #85-205, with case, variable style. China, packed in China preserving cases, Noritake brand, Polanise style. Stainless steel flatware, Reed and Barton brand, packed in a wood silver chest. later discoveredt . m. gremso prop One man?s yellow gold ring for the little finger, oval tiger?s stone, hammered gold. is dark, oxidized lines frOm top to lower sides. One woman?s yellow gold ring, Size 5 1/4, flat bottom with four indentations on the top that look like black stripes. lndentations are cuts across the top of the ring with oxidizing. One woman?s engagement ring, size 5 brushed yellow gold, inch wide, 21 point round diamond, polished edge oneach side. Four US. $2 dollar bills Six U.S. silver dollars. one dated from the 19503, one dated 1921. "burgers/and asultsa orredccu on Decebmrs, u? hgrter iscovered the followmg items of property missing from her residence): One woman?s yellow gold ring, jade stone, offset setting. One woman?s yellow gold ring, aquamarine stone, antique setting One yellow gold antique stick pin, opal stone. assault occurred on burglary and eaer Iscovere the lowing items of property missing from. their residence): O?ne turquoise ring with silver band size 5 1A: One ?Jewelbox? brand woman?s watch, 14kt yellow gold dress band with chain. Oval face with diamond chip on band at each side of face One sterling silver charm bracelet with miniatures of a piano, a dog, a top hat, a birthday cake, and two golf clubs. 56 0000105 [Type here] One ladies? navy blue imitation leather handbag containing miscellaneous papers One ladies? rust colored imitation leather shoulder bag California driver?s license for? Credit cards for- Keys for- residence, vehicle, and place of employment One ladies bathrobe, sixe 8, floor length, red in color assault occurred on April 4, 1979 in Fremont CA. later discovered the following items of property were missing from their residence.): One woman?s ring, moon stone oval shape set in gold prongs. Scroll design on sides of setting down into the band. Woman?s size 7 to 8. . One woman?s ring, antique, diamond wedding ring approximately 1/2 carat set on prongs of yellow gold. The area behind the diamond is blackened. Woman?s?size 5 to 6. One woman?s ring, antique white gold, a diamond with approximate size of 40 points is set in the center of the ring with two ten point diamonds on each side. Woman?s size 5 to 6. One men?s Seiko digital watch, with second, minute, and day date indicators. Silver band, expandable. The case is octagon in shape and has dark brown face. office and car keys. assault occurred on June 11, .. 197 In Contra Costa Count . following items of property were missing from their They later discovered the residence.): One woman?s wide band white gold wedding ring with the inscription 10- 1 1-69" One woman?s white gold solitaire engagement ring with 1/4k diamond- -Mr. and Mrs. Smith (The Smith?s burglary, sexual assault and homicide occurred on March 16, 1980 in Ventura, CA. The Smith?s were bludgeoned to death. It was later discovered the following items of property were missing from their residence.): 57 0000106 [Type here] Gold Ring, leaf design with large pearl 6-8 mm, mounted off center, the leaves are freeform (not smooth), ring size 5. Gold Ring, diamond shaped, three diamonds surrounded by rubies, the band is approximately 1/4 inch wide, the surface is approximately 7/8 inch long and 1/2 inch wide, ring size 5. Gold Ring, round shaped, one large diamond surrounded by smaller diamonds, the gold is "brushed antique finish the maximum circumference is about the size of a nickel, ring size 3. Gold Band, plain, 1/8 inch wide, ring size 3. Gold Signet Ring, 1/4 inch round face with initial'nscroll, scroll design on both sides of face, ring size 3. Gold Signet Ring, 1/4 inch round face, initial-in scrol1 on face. Gold Ring in porpoise shape, 14K, ring size 3 or 5. Keys to residence o_ Chinese Gambling Chip, white (almost transparent) mother of pearl, design etched on both sides, pagoda on one side, 14K gold bezze1 mount. This is a one of kind item. Gold Heart, hollow and rounded on surface (puffed), measures 1 inch by 1 inch. Gold Nugget, 14K, 7/8 inch long by 3/8 inch at widest point. Gold Earrings, for pierced ears, wide loop shape, open in center. Gold Horse Shoe, approximately 1/2 inch. Several Gold Necklaces and Chains a. 16" medium weight in serpentine design b. 18" fine weight, cobra design 0. 28" medium weight, foxtail design d. 20- 11 heavy weight, 1/8 to 1/4 inch wide, diamond cut Victoria style -Ms. Manuela W. (Manuela W.?s burglary, sexual assault and homicide occurred on February 5, 1981 in Irvine, CA. Manuela W. was bludgeoned to death. it was later discovered the following items of property were missing from her residence.): 58 [Type here] One man's ring, size 6, 14 carat yellow gold, Florentine finish on bottom half with black star sapphire. One lady's ring, size 7, middle finger ring, 14 carat yellow gold inscribed with ALCAPULCO 1977 inside bottom half. Stone mount is visible from inside of ring. The stone mounting is of frosted band with ten diamond chips around mount and two gold sizing drops on inner side. assault occurred on October following items of property missing from their residence): river?s license. ?lulu?u nu i9 x19 6in Sacramento oun ID. card for bus passes. Social Security Card. burglary and assault occurred on July 17, Old two dollar bill, dated prior to 1947, folded in 4 sections. Silver Dollar, dated 1935 M. 78 in Sacramento Coun . . ey a or lscovered the following items of property missing from their residence.): Two; dimes with small holes drilled at top to make earrings. assault occurred on June 5 1978 in I ossilater discovered the following items of property missing from their residence.): One green Bank of American bag with silver zipper lock containing $1,366.31 in cash. r) -(Referenced Above, Page 11) Keys to 1962 Mercury Comet, CA Li- 59 0000107 [Type here] Key ring with leather tab, shape of frog on the tab and the word ?Ribid? on the tab. 1977 in Sacramento Coun missing frmo elr residence): Baseball cap with Inc." on it. Above, Page 9-10) Silver colored metal box about 3 inches square with a red and green floral design painted on the top. residence): One Sears?s clock radio, wood?tone finish. One wooden bowl, approximately 6 inches in diameter. Two to three steak knives, wooden handles, serrated blades. occurred on June 25, 1979 Walnut Cree CA. She later discovered the fo owm residence): Hairbrush, dark wood with a two sided plastic head with natural bristle. 9 Items of property were missing rom er -Offerman/Manning (OffermanIManning?s burglary and homicides occurred on December 30, 1979 in Santa Barbara, CA. Both OffermanlManning?s death were a result of gunshot wounds. The following items of property were missing from their residence): A Minolta Pocket Auto Pak-50 camera, serial number 104320. An old doctor's bag, possibly with a black beady leather exterior. The bag was 18-24 inches long and 8 inches wide. The bag was believed to contain a doctor?s syringe, 60 0000108 0000109 [Type here] some form of prescription pain killers, finger splints, ankle splints, alcohol and anesthetic swabs. -Domingo/Sanchez (Domingo/Sanchez?s burglary, sexual assault and homicides occurred on July 27, 1981? in Santa Barbara, CA. Both Domingo and . Sanchez died as a result of blunt force trauma to their heads. The followingitems of property were missing from their residence): -Harrington (The Harrington?s burglary, sexual assault and homicides occurred on August 21, 1980 in Orange, CA. They were killed as a result of blunt force trauma to their heads. The following items of property were missing from their residence): Blunt object, possibly a metal sprinkler head, containing blood, tissue, and hair from Keith and Patrice Harrington. ?-Jane le C. (Janelle C.?s burglary, sexual assault and homicide occurred on May 5, 1986 in Irvine, CA. She was killed as a result of blunt force trauma to her head. The following items of property were missing from her residence): Blunt Object containing blood, tissue, and hair from Janelle C. our a rant believes Deangelo will still be in possession of these items. Based on the statement of facts set-forth above, your affiant believes Joseph James DeAngelo Jr. is responsible for the murder of Brian and Katie Maggiore on February 2, 1978. Therefore, your affiant is requesting the issuance of a search warrant to search DeAngelo's residence, person and vehicle(s) for any evidence related to the East Area Rapist series, Brain and Katie Maggiore?s murders, Contra Costa County- assaults, Orange County and Ventura County?s homicide investigations. Based on my training and experience, i believe a murder suspect resides at the above- described location. Pursuant to Penal Code 1524, I believe a search of the above- described location will reveal evidence of the identity and motive of the person(s) 61 0000110 [Type here] responsible for this crime; as well as, the means of perpetration. and the circumstances surrounding the commission of the crime. I know homicide victims are commonly shot, stabbed, beaten, strangled and/or burned. Often times during the initial discovery of the deceased, investigating officers are not able to determine the means of. death due to the position of the body, the presence of massive amounts of blood, the condition of the body, obstructed views from clothing, and the similarity in wound characteristics caused by different weapons. In many cases the weapon and/or item(s) used as the means to kill the victim are taken away from the scene and maintained and stored by the perpetrator. It is necessary for law enforcement to search the su3pect?s residence for any firearms, knives, blunt instruments, rope, and tools, which can later be determined, through forensic testing, to be the murder weapon and/or weapons. Based on my training and experience, I know the motives for committing homicides include financial gain, revenge, jealousy, rage, disorders, to cover up another crime, and/or to prevent the discovery of damaging facts. I know many times, financial documents and personal papers from the scene maybe taken by the suspect during the commission- of his/her crime. I know address books and telephone numbers found at the suspects residence will lead to friends, associates, and family-members of the suspect and by'contacting those friends, ass?ciates, and family members, we will be able to identify witnesses, motives and any additional suspects involved in the homicide. I know homicide scenes contain valuable trace. evidence from the bodies .of the victim(s) and the suspect(s). I know suspects will leave behind latent fingerprints and trace evidence and may attempt to cleanse the scene and/or hide evidence in order to avoid being linked to the crime. This evidence is commonly hidden on the premises including in attiCs, basements, rooms, garages, grounds, outbuildings, storage sheds, operative/inoperative vehicles, boats, garbage cans and containers located within the . property boundaries. During. the commission of their crimes, suspects will inadvertently transport trace evidence back to their personal residences. I know people frequently store information in a digital form on various digital devices and media ineluding cellular phones, computers, digital cameras, personal digital assistants, compact discs and digital video discs i know people use digital devises, including computers, to access the internet. I know information stored on these devises may assist investigators and may include: diaries, letters, emails, calendars, phone and address lists, records of internet websites visited, digital photographs and movies and audiorecordings pertaining to! the people involved in this investigation. I know that, although it may be possible to search these digital storage devises where they are. located, investigators with specialized skills, software and equipment are frequently neededexamine the devise and extractand preserve the data and information found, within. i know this is a process, which cannot usually be performed where the digital storage device is located, thus i request that this warrant authorize the seizure of digital storage devises and the subsequent later search and examination by law enforcement specialists. 62 0000111 [Type here] Based on my training and experience, an electronic device's contents are like a ?fingerprint" in that the entire context and centent of all the data tend to identify the user and/or users. Your affiant has to prove the identity of the possessor of the device. The electronic contents of the device in their entirety may tend to establish the owner/possessor of the items, and will therefore be needed as evidence in order to definitively determine the possessor of the device at a given time. Your affiant believes in the years following the completion of allcrimes committed by Deangelo he would have accessedupdated attempts. to identify him as the case remained the subject of law enforcement bulletins, media stories and television documentaries; Your affiant believes that he would have used electronic devices like computers or cell phones with internet access to attempt to locate these media updates onithis series of crimes which have garnered national attention. Further i know from training and experience that forensic computer specialists can find these? searches even when the user attempts to delete them. This evidence would be circumstantial evidence of Deangelo?s involvernent with this crime series and his attempts to determine what state this continued investigatiOn is in. Also your affiant believes that serial killers and rapists often keep journals or diaries of their criminal activity. Your affiant believes that Deangelo oculd have downloaded this journal to computer format. know Cellular and landline telephones frequently contain information that may assist investigators, whichalso include contact lists, recently dialed and received calls, text mesSages, digital photographs and audio recordings. Cellular telephones commonly include SIM cards, fiaSh memory, and memory chips in each telephone/wireless device. Cellular telephone(s) contain digital data: data showing incoming and outgoing media accoums (Le. Facebook, Twitter, lnstagram etc), past GPS location data. any of which may bear a form of identification such as a person?s name, address, and telephone number, which could also be used to determine dominion and control over said cellular telephones. . Based onmy training and experience, your af?ant is aware that suspect?s will frequently use storage facilitieslunits to store items taken during, the course of their criminal activity. in this case, the suSpect. has accumulated a considerable amount of'personal property from the Victims, mush of this property taken as trophies. It is your affiant?s belief the suspect'would maintain the stolen items over the years; thereby, keeping them in an offsite location like a storage unit. know it is necessary to docuntent the suspect's residence through the use of photOgr?aphs, video tape, and diagrams in order to memorialize the scene for use in later court proceedings. I know due to the technical and sophisticated methods necessary to collect and preserve trace evidence, technical assistance provided by experts at the scene may be necessary to identify and seize items of homicide evidence and prevent the destruction of valuable evidence. Through the use of specialized lighting and equipment-trace evidence can be found even in scenes, which have been 63 0000112 [Type here] sanitized. Many times the technical experts are non-sworn criminailsts, pathologists, and evidence technicians. Based on my training and experience, along with my communications with fellow investigators, i know that items of evidence commonly found at homicide/suspicious death Scenes could include the following: 1. Trace evidence including blood, skin, body tissue, body fluids, hair, saliva, clothing fibers, lint, or car. et/upholstery samples. 2. items related to firearms 3. Bindings including but not limited to rope, string, shoes laces, me, cor c. 4. Any and all financial documents tending to establish if the motive for the homicide was for ?nancial gain. 5. items of personal property tending to establish the identity of the persons in control of the premiSes including utility company receipts, rent receipts, addressed envelopes, vehicle registration, identification cards, photographs. video/audio tapes and keys. . - 6. Telephone directories, address books,~calendars and documents with names and telephone numbers tending to establish the identity of friends, associates and family members of the persons in control of the premises. 7. Digital storage devices including. but not limited to, computers, computer hard drives, computer storage media including compact discs, and removable storage devices, digital cameras, personal digital assistance Palm Pilots, Blackberry?s. etc.), and. digital audio recorders. Any writings, paper medium, notebooks and loose paper sheets, any computing or data processing software, stored on any type of medium] such as hard disks, ?oppy disks, cassette tapes, compaCt-disks, RAM or ROM units, or other permanent or transient storage medium any. computing or data and associated peripheral equipment, including but n'otlimited to computer units, keyboards, video display tubes, printers, hard dick drives, ?appy diskdrives, ?oppy diskettes, optical disk drives, optical diskettes, tape drives, magnetic tape, compact disk drives, compact diskettes, interconnectIOn whether acoustic or electric. Any computing or data proceSSing' literature including inStruction. books, manuals, or listed computer programs in Whole or in part for the above computer or data processing, equipment; and records which-show dominion, ownership or control of any of the items to be-seized, including bills of sale for computers or modems, repair bills for computers or modems, and sales receipts for floppy?disks. Deputies are permitted to cofiduct a detailed search of the electronic contents of these digital storage devices through means of forensic examinatiOn. 8. Wireless electronic deVi'ces/ceilular telephones and cellular telephone accessories including, but not limited to, SIM cards, and electrical cords for charging phones. WirelesS/cellular telephones to include SIM cards, ?ash memory, and memory chips for each telephone. 64 0000113 [Type here] Your affiant is requesting to seize the above listed electronic devices. Any further search of those devices will occur only after youraffiant or other law enforcement . officer(s) obtain a'search warrant in compliance with the California Electronic Communications Privacy Act. - 9. Stolen property taken by the East Area Rapist See APPENDIX for a detailed list of the items. 10. Any and all locked safes, locked boxes, chests, etc., which could contain evidence related to the criminal activity. 11. Any and all Photo Albums and loose photographs, which showed the suspect appearance throughout the years. - 12. Sue ect?s lothin worn at the time of the Maggiore murders, to include - brown leather jacket, dark shoes. 13. Any and all receipts and/or keys showing ownership of a storage unit. 14. Journals, dairies, maps, or diagrams that depict the areas of Sacramento County, the Easthay, Orange County, Visalia, or which chronicle the events which occurred in those areas during the 1970?s and 1980?s. I request that the search warrant, affidavit, and search warrant return be ordered sealed by the magistrate based on the fact that all suspects have not yet been identified, that this is an ongoing criminal investigation and that public disclosure may compromise the integrity of the investigation. Therefore, request a search warrant be issued commanding the search of the residence and vehicle personally observed and described as follows: 8316 Canyon Oak Drive is located in Citrus Heights, which is within the County cf Sacramento, State of California. The residence is. a single family, single story dwelling located on thesouth side of Canyon Oak Drive, directly across from Cripple Oak Court; The residence. faces north. The structure is a tan color" with a dark brown trim along the eaves of the residence. The base of the structure and the. garage doors are the same color of the structure. There are three vertical columns of brick separating the garage doors. The residence has two (garage doors, which are located "on the west side of the residence and. face north. In front of the residence?s northeast corner is a small patch of grass with several large bouldersvposltioned in the. laWn. To the west of the lawn is the residence's driveway. A small concrete walkway leads from the driveway to the residence?s front door. The number address for the residence ?83-16? is enclosed in a white plastic box, which is affixed to the vertical brick column closest to the front door. The front door faces north and is a light color. Also to include all rooms, garages, outbuildings, storage sheds, storage lockers and garage-cans assigned for the use of the occupants ofrthe suSpected unit. ALSO TO LOCATE AND SEARCH THE FOLLOWING 65 0000114 [Type here] JOSEPH JAMES DEANGELO Date of Birth: 11/08/1945, A e: 72, Sex: Male, Race: White,? Address: 8316 Canyon Oak, Citrus Heights, Your Affiant has checked known law enforcement databases, including DMV, Sheriff?s Known Person Finder (KPF) database and Accurint. Those databases showed Joseph James DeAngelo residing at 8316 Canyon Oak Drive, Citrus Heights, CA. Furthermore, the Sheriff?s surveillance team observed DeAngelo freely coming and going from the residence for the last four (4) days. database also showed the below four (4) vehicles registered to DeAngelo?s address. Additionally, the Sheriff?s surveillance team observed all four of the vehicles at DeAngelo?s residence. FOR THE FOLLOWING PROPERTY: -Major Case Fingerprints -Biological material (DNA) from DeAngelo?s person to include any of the following: saliva, blood, skin, and bodily fluids. The biological material is to be collected in anon- intrusive manner. Officers are permitted to transport DeAngelo?s person to a law enforcement facility so the collection of and Major Case Fingerprints can be performed in a safe and sterile environment. Due to the severity of the crimes committed by the perpetrator, law enforcement personnel request the authority to conduct a limited strip search of "the abovementioned person (Le. a strip search to the suspect?s undenivear) in order to ensure the subject is unarmed and all potential weapons have been removed from his body. In addition, your affiant is authorized to take photographs of the suspect?s entire body, specifically his penis. . TO LOCATE AND SEARCH THE 66 0000115 [Type here] California License Plate: a white 2014 Toyota Camry, VIN: Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive Citrus Heights. CA. California License Plate: 2209508, a 2016 Suzuki VIN: Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive" Citrus Heights, CA. California License Plate: 31561X1, a white Toyota Tacoma pickup truck, VIN: Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive Citrus Heights?, CA. - California License Plate: 4RJ4765, a 2017 trailer, Registered to Joseph DeAngelo, 8316 Canyon Oaks Drive Citrus Heights, CA. 67 APPENDIX (LIST OF STOLEN EROPERTY RELATED TO THE EASTAREA RAPIST INVESTIGATION) 00001164 0000117 Rings Size 6 V2 orange blossom .14 karat gold woman?s wide-band ring, inscribed - 2/11/71?- Class ring, 14 karat white gold, white stone, ?Modesto Junior College 1970?- Tiger?s ring, man?s size 9 14 karat gold setting, ?Love foreve?nmas 72?- Size 9 oranie blossom 14 karat gold man?s regular-band ring, inscribed 2/1 1/7'1? One man?s gold wedding band, plain. Inscribed ?For My Angel? ?1/11/70- One woman?s wedding ring and engagement set soldered together. They are. white gold with a one karat diamond in the engagement ring and 5 or 6 diamonds in separate settings on the wedding ring. One man?s ring, yellow gold with oval onyx. Ring is stamped with 10k or 14k on inside of band. Size 10. Raised ridges, not smooth Gold ring, monogrammed .3n flat surface - Gold class ring with blue stone, inscribed ?Lycoming College 1965?- Silver antique spoon ring- Class ring, yellow gold, blue square stone, Foothill High ?Foothill Mustangs Wrestling? written on- top, with drawing of wrestlers, dated 1978 with initials inside band One woman?s ring, size 4 white gold band with square ruby, with yellow gold bows on each side of stoned Jade ring, gold band with oval jade, size 5 or White gold ring with heart shapes with a blue sapphire stone in the center Wedding ring One pair of loop ear rings, pierced, ten carat gold-' One pearl ring with two pearls, ten carat gold-.3" One opal ring with large setting, 14 carat gold- . One gold ring with no stone in the sening?-' One silver wedding band 0000118 One wedding ring, 1/3 karat diamond_ One gold wedding band, Florentine ?nish, with inscription 3, ith a matching engagement ring with diamonds in a leaf with a ?ower pattern, set in white gold. The center diamond is approximately .56 carats. Ring, white gold, two pearls, with two tiny diamonds- Ring, yellow gold, cluster of small blue sapphire- Ring, heirloom engagement ring, white gold or platinum, many diamonds.? Ring, cameo Mother of Pearl, white gold, 4 tiny diamond-like stones on either side of cameo. Ring, white gold setting, with an emerald stone- Ring, yellow gold, heirloom, with emerald stone with many scratches on Ston- Ring, man?s, yellow metal with blue uncut center stone, from the University of California, San Francisco with inscription D. Degree 1975? One man?s yellow gold ring for the little ?nger, oval tiger?s stone, hammered gold. is dark, oxidized lines from top to lower side One woman?s yellow gold ring, Size 5 1/4, ?at bottom with four indentations on the top that look like black stripes. Indentations are cutsaeross the top of the ring with oxidizing One woman?s engagement ring, size 5 brushed yellow gold, Ms inch wide, 21 point round diamond, polished edge on each side. One woman?s yellow gold ring, jade stone, offset setting.- One woman?s yellow gold ring, aquamarine stone, antique setting;- One turquoise ring with silver band size 5 One woman?s ring, moon stone oval shape set in gold prongs. Scroll design on sides of setting down into the band. Woman?s size 7 to 8 One woman?s ring, antique, diamond wedding ring approximately V2 carat set on pron of yellow gold. The area behind the diamond is blackened. Woman?s size 5 to 6. One woman?s ring, antique white gold, a diamond with approximate size of 40 points is set in the center of the the ring with two ten point diamonds on each side. Woman?s size 5 to 6.24 One woman?s wide band white gold wedding ring with the inscription?iQEO-l 1-69? One woman?s white gold solitaire engagement ring with 1/4k diamon? Gold Ring, leaf desi I with lare oearl 6-8 mm, mounted off center, the leaves are freeform (not smooth), ring size i Gold Ring, diamond shaped,three diamonds surrounded by'rubies, the band'is approximately 1/4 inch wide the surface is approximately 7/8 inch long and 1/2 inch wide, ring size 5 GoldRing, round shaped, one large diamond surrounded by smaller gold is "brushed antique ?nish the maximum circumference is about the size of a nickel, ring size 3 Gold Band, plain, 1/8 inch wide, ring size 3- Gold Signet Ring, 1/4 inch round face with initial-scroll, scroll design on both sides of face, ring size 3' . Gold Signet Ring, 1/4 inch round face, initial-1 scroll on face. Gold Ring in porpoise shape, 14K, ring size 3 or 5- One man's ring, size 6, 14 carat yellow old, flOrentine ?nish on bottom half with black star sapphire? One lady's ring, size 7, middle ?nger ring, 14 carat yellow gold inscribed with ALCAPULCO 1977 inside bottom half. Stone mount is visible ?'om inside of ring. The stone mounting is of frosted band with ten diamond chips around mount and two geld sizing drops on inner side 0000119 0000120 Driver?s Licenses, Identi?cation, Photographs Driver?s license 0 . driver?s license card for bus passes Modal Security Card ?Net?s license ?chool ID card Photographs of? Photograph cum a bikini Photograph 0H -s driver?s licens?. High school photograph on _Driver?s license 0000121 Money, Jewelry with Money Half-dollar necklace with Statue of Liberty carved ou- Old two dollar bill, dated prior to 1947, folded in 4 sections - Silver Dollar, dated 1935- One silver dollar in sterling silver money clip with the letter carved into the dollar. The clip is round and ?ts over the outeredge of the dollar with the clip part convering the hear side of the coin. The letter is engraved on the clip portion of the item. The tail portion of the coin shows an eagle with both wings spread out. There is a small punch hole near the neck of the eagle One silver dollar, in sterling silver money clip, date of dollar unknown- One silver dollar, date of 1888_ One silver dollar, date unknown, with initials date ?8-8-72? carved into the dollar on the tail side. Bngravings are at the feet of the eagle. . Two. dimes with small holes drilled at top to make earrings.- One green Bank of American bag with silver zipper lock containing $1,366.31 ill-casi- Four us. an dollar bills- Six U.S. silver dollars, one dated from the 19505, one dated 1921- 0000122 Miscellaneous: Keys, Other Jewelry, Etc Keys to residence 0- Keys to 1962 Mercury Comet, CA Lic? Key ring with leather tab, shape of frog on the tab and the word ?Ribid? on the tab- . One set of cufflinks, yellow gold with initials- in script- One tie pin, yellow gold, in shape of bar with initials -in script, but smaller than the cuff ms? One gray draw-string bag, small, containing the above cufflinks and tie pins. The string is red Baseball cap with Inc? on it- Silver colored metal ho. about 3 inches square with a red and green ?oral design painted on the top Hamilton wrist watch with ?ex band, yellow gold? wallet Wrist watch, ladies, Times, yellow metal. Wrist watch, man?s, Benrus, brown face with date, yellow metal Spandex band with brown tiny squares. Camera, Mamiya/Sekor, with case, model #1000- Zoom lens, Vivitar, model #85-205, with case, variable. style.- China, packed in China preserving cases, Noritake brand, Polam'se style. Stainless steel ?atware, Reed and Barton brand, packed in a wood silver chest. One Sears clock radio, wood-tone ?nish._ One wooden bowl, approximately 6 inches in diameter.? Two to three steak knives, wooden handles, serrated blade- One yellow gold antique stick pin, opal stone. . One ewelbox? brand woman?s watch, 14kt yellow gold dress band with chain. Oval face with diamond chip on hand at each side of fag 1 0000123 One sterling silver charm bracelet with miniatures of a piano, a dog, a top hat, a birthday cake, and two golf clubs- One ladies? navy blue imitation leather handbag containing miscellaneous paper- One ladies? "rust colored imitation leather shoulder bag? California driver?s license EM Credit cards for - Keys for-esidence, vehicle, and place of employment One ladies bathrobe, sixe 8, ?oor length, red in color One men?s Seiko digital watch, with second, minute, and day date indicators. Silver band, expandable. The case is octagon in shape and has dark brown face? -mce and Hairbrush, dark wood with a two sided plastic head with natural bristl_ A Minolta Pocket Auto Pak-50 camera, serial number 10432?. An old doctor?s bag, possibly with a black heady leather exterior. The bag was 18-24 inches long and 8.inches wide. The'bag was believed to contain a doctor?s syringe, some form of prescription pain killers, ?nger splints, ankle splints, alcohol and anestheticswabs. Chinese Gambling Chip, white (almost transparent) mother of pearl, desi etched on both sides, pagoda on one side, 14K gold bezzel mount. This is a one of kind item. Gold Heart, hollow and rounded on surface (puffed), measures 1 inch by 1 inch:? Gold Nugget, 14K, 7/8 inch long by 3/8 inch at widest pointl? Gold Earrings, for pierced ears, wide loop shape, open in center. Gold Horse Shoe, approximately 1/2 inch_ Several Gold Necklaces and Chains a. 16" medium weight in serpentine esrgn b. 18" ?ne weight, cobra design c. 28" medium weight, foxtail design d. 20 ll heavy weight, 1/8 to 1/4 inch wide, diamond out Victoria style 0000124 Sinasalo Motocross glove- One 16" neckchain, linked, 14 carat yellow geld, thin, 2mm diameter One 24" necklace, linked, 14 carat ye'llow gold, 4mm diameter- One 16" man?s rope chain necklace, 14 carat yellow gold, 5mm diameter One 8"'rope chain bracelet, 14 carat yellow gold, 3mm diameter One ?at interlocking chain link bracelet, hollow, 1" 14 carat yellow gol One women's solid old bracelet, smooth ?nish, round with chain clasp, 14 carat yellow gold? One woman?s lar 6 anti ue old ring with 1" rectangular imitation turquoise stone, size 7% One man's white gold ring, blue star sapphire stone, ?orentine setting,- One woman?s 18 carat gold wristwatch, square face flush with band, white face with roman numerals ?ourescent with either a swiss or german name on the face, ?atbrush finish, wide One 16" thin neck chain, 14 carat yellow gold with small heart, white gold with diamond chips One 24" rope chain necklace, solid 14 carat gold, mm diameter with one once natural dirt nugget. One 30? woman?s thin cobra chain, 14 carat yellow gold with 3/4" solid gold heart, One 7 1/4" women's bracelet, tri-color braid of-white, pink, and yellow gold, brushed clasp with ITALY?stampcd on the clas . One 7 1/2" women's bracelet, woven braid, tri-color, white, pink and yellow gold, 7/ 16" thick Small chrome lamp, Rockstar brand, Model Cassette tapes from answering machine?? 0000125 Other Weapons Blunt object, possibly a metal sprinkler head, containing blood, tissue, and hair ?'om Keith and Patrice Harrington Blunt object containing blood, tissue, and hair from Manuela Whittuhn 'Blunt Object containing blood, tissue; and hair from Janelle Cruz f: 0000126 AFFIDAVIT OF DETECTIVE KENNETH CLARK IN SUPPORT OF ARREST WARRANT I, DETECTIVESERGEANT KENNETH CLARK #19, your af?ant, have been a sworn, ?rll- time Deputy Sheriff fOr the County of Sacramento Sheriff 3 Department since March 1995. From December 1992 to March 1995, I was a swom, level one reserve Deputy Sheriff with the County of Sacramento Sheriff?s Department. I was assigned to the Homicide Bureau of the Sheriffs Department in September of 20.05, as a detective and worked that assignment until 2015, I promoted to the rank of Sergeant, and returned to the homicide bureau as a unit supervisor in February, 2017. While with the Sacramento County Sheriff?s Department, Ihave been assigned to Corrections at the Main Jail, South Patrol, High Impact Patrol Team, Critical Incident Negotiation Team, Central Patrol Division, and the Robbery Bureau. I worked as a training of?cer in the Main Jail, and was an appointed Field Training Of?cer in patrol. During that time, I investigated crimes and incidents including, but not limited to, burglaries, thefts, ?nancial crimes, embezzlements, robberies, carjackings, domestic assaults, sexual assaults, other assaults, child abuse, elder? abuse, gang crimes, narcotic offenses (possession and sales), suspicious deaths, suicides, homicides and cold case homicides. During my time as a hostage and crisis negotiator with the Critical Incident Negotiations Team, I have participated in no less than eighty critical incident callouts. I have served as the primary negotiator several times, as well as participated in all aspects of crisis negotiation. Upon promotion to the rank of Sergeant, I was the team, leader of the Critical Incident Negotiations Team in MarCl-i, 2016'. While assigned as a detective with the Robbery Bureau, I have investigated no less than [two hundred robberies, including robberies, robberies to persons, home invasion robberies and carjackin?gs. As a detective assigned to the Homicide Bureau. I have been a primary investigator. on no less than 150 homicide and death. investigations and assistedon no less than 50 additional homicide and death investigations. As a supervisor in the homicide bUreau, I have overseen the inVestig'a'tion of an. additional 4.0 cases. I have attended no less than .25 training Schools and conferences in the area of Law Enforcement. Some of the courses attended include,7Interview and Interrogation, S'eXUal Assault Response, Drug Recognition and Awareness, Field Training Of?cer, Basic Hostage Negotiation, Robbery Investigation, and Homicide Investigation. I completed a Bachelor?s degree in Public Administration at the University of San Francisco in December, 2006. 0000127 Three sexual assaults occurred in Contra Costa County, forensic unknown pro?le was establishe 1n 6 Contra Costa County STATEMENT OF PROBABLE CAUSE I am aware of the following information either from personal observations, interviews and/or information which was related to me by other law enforcement of?cers based upon prior investigations and law enforcement reports. Introduction This is a request for an arrest warrant for JOSEPH JAMES DEAN GELO, born 11/08/1945 for the murder Brian and Katie Maggiore on February 02, 1978. The Maggiore homicides have long been considered to be part of series of crimes perpetrated by an individual known to Law Enforcement Agency as ?The East AreawRa ist? (EAR). The EAR series was linked to a previous se '68 of crimes in Tulare County, CA, Both of those series have also been connected to a series 0 rapes an mur ers in outhern CA Between April 1974 and May, 1986, an unidenti?ed white male hereafter referred to as the East Area Rapist (EAR) committed no less than 57 attacks that included sexual assaults and an additional 13 homicides throughout California. He was responsible for hundreds of sexually motivated burglaries, prowling events, and hang up/lewd phone calls. The suspect in this series has now been identified by DNA as Joseph James DeAngelo, born 11/08/1945, a Sacramento County resident. (See ?ill description page for all identifying information regarding this suspect). DeAngelo?s comiection to these crimes has been established through his geo a bio ties to the locations where the attacks 0 urred, numerous circumstantial links, and a Modus Operandi (MD) The geographic connections will be explored in detail, but include his presence in Tulare County, CA as an Exeter Police Of?cer during the MO. linked Visalia Ransacker series. Visalia is less than 20 minutes away from DeAngelo?s residence at the time. Additionally, it appears the Kings County Public Safety Academy was held on the campus of the College of the Sequoias. This campus is the epicenter of Visalia Ransacker crimes and it was a professor at this college that was murdered in September of 1975 following an attempted abduction of the professor?s daughter in the middle of the night. By 1976, DeAngelo had transferred to the Auburn Police Department, and was employed there during the vast majority of the EAR ortion of the series. The MD. evolves over the course of the series, that it points to the actions and crimes 0 one man, Joseph James DeAngelo. assaults, and recently, two surreptitious DNA samples were collected from Joseph J. Deangelo. These samples match the previously unknown pro?le of Contra Costa County. A DNA sample collected in an investigation of the double homicide of Lyman and Charlene Smith in Ventura County matches the previous unknown pro?le of the Contra Costa County sexual assaults. 0000128 Additionally homicides in Santa Barbara County and Orange County were previously linked to the Lyman and Charlene Smith homicide via DNA pro?les. The caSe is presented below. Due to the extensive nature of this crime series that has at least 58 of?cial sexual assault and homicide provided a basic summary of the 50 le? alive. A brief summw?y of apre- Ransacker series is included (1974-1975), This. series culmin oun woman ?om her bedroom and the murder of her father, Also included are detailed summarie Costa County. Finally, I have provided a detailed summa of th Katie Maggiore case ?les containing more than 10,000 pages, I have attacks in Northern California in which all the victims were EAR burglary and sexual assault series known as the Visalia abduction of a A couple months later, the offender was con?onted while, prowlin' an on-duty undercover Visalia Police Officer, The offender shot at ??nding him with glass debris prior to escaping. of the DNA linked EAR cases that occurred in Contra Rancho Cordova double murder of Brian and In. addition, exhibit A contains detailed summaries of each sexual assault-offense. The last 7 cases all occurred in Southern California. In the last 6 cases all of the victims were killed. Ten individuals were murdered in these ?nal six cases. I have provided a succinct synopsis of each of these homicide cases. phase: Visalia Ransacker Series From April 1974 through December 1975, Visalia, California experienced approximately 120 residential burglaries. Additionally, some of the burglaries involved attempted sexual assaults. The residences were extensively ransacked; hence, the suspect involved in the criminal activity later became known as the Visalia Ransacker. Set/era] witnesSes, who saw the suspect without any face covering, described the suspect Additionally, an analysis of the Visalia burglaries showed they were concentrated in the neighborhoods surrounding; the. College of the Sequoias, which is a Community college off Highway 198 and S. Mooney Boulevard. Many of the surrounding the College were linked with drainage canals/ditches. On September 11, 1975proximatel. AM. as murdered in his Visalia residence. Theinident However, detectives believed the suspect was in the process of mm. 0000129 the. Rwackeracess at: Which. time ther. Based enforcement reVISIted Additionally, law.enf0rcement. located several footwear impressions under window. Thesc foothar impressions were consistent with impressions located at seVefal? ofth other burglarized residences associated with ?The Visalia Ransacker?. On Monday, September 225 l975between the hours of 1900 and 2030, a ?Ransacker? burglary occurred in Visalia, CA at Based on' the perVasiVe nature of the 'RanSjackcr; the Visalia Police Department increased patrols and positioned-of?cers in several residences Within the, burglariZed areas in hOpes of apprehending the Suspect; On December 10, 1975, Visalia Police Of?cer was positioned inthe garage of a residence for the-purpose" of capturing the VisaliaRansackcr The residence he was watching was a-suspected targetof the Visalia Ran'saeker, and- ,was secreted in the neighboring ?fe. Qi?icer; :?_spotted a prowler. in the: bac ardpeepmg through a window. Of?cer gave chascan confronted the suspect and ?ashlight drawn. The?Sus'pect atop. his head, erm his face, looked at?Of?cer {and begged him-not; to hurt him. Of?cer-3 later described the suspect?s . dup ochr his head while the other ket pocket. The su?speCt? 'quickl rem Medahandgun?'om his jacket and. ?red The? round struck Of?cer: . ?ashlight, embedding in the battery. Lfiell'backwards, the suspect?cdover a- fence. This pattern of eXplosive escape'when cornered: would repeat itself in the Series. This Was the last time the Visalia Ransacker was seen in Visalia. 0000130 wt}. . 6 00001131 What fellowsare bnefsummanes of each Sacramento case: - ?male adult between the ages of 20 and 25 years . ?g ted the suspect to be 5 6 to 5-9 W1th andle WIth pg on the was located In a nearby yard. d" footsteps near the paved nothmg He heard another n01se a 0000132 The suspect was described as a white male adult, between the ages of 17 and 20 years old, no older than 30 years old, 5-8 to 5-10, with a muscular build. On August 29, 1976I ariimd 37:15 AM-and her two daughters, ~were home asleep, when aWoke to the'chime's by her bedroom window: When She. looked toward her window, she saw the silhouette of a male trying to pry her window?s screen off. at up and the suspect ducked down. -ran to. roo and told her someone was trying to break into their house. The two of them went to her sister room to wake her but cOuld not get her up. After quickly looking into the back and they went to the kitchen to use the phone. As -as dialing the phone, they heard curtain rod fall to the '?Oor. Shortly thereafter, they saw a male silhouette standing in front of them. He told them to freeze or he would kill them. The suspect was holding a gun in one hand and a club in the'other hand. The. suspect told them he just wanted money. He then tried to tie-lands behind her back, but she struggled. The suspect struck-several times in the head With the club-ms able to ?ee the residence to a neighbor?s 1101186. The Suspect in turn ?ed the residence. ?and her daughter described the: suspect as a light complexed white male adult, between 20 to 3-0 years, 5-10 tall, with a slim build. They indicated the suspect was armed with a revolver, wearing a- black li'neman?s style utility belt and was wearing no clothing from the waist down. They thought he was wearing high shoes/boots. On September 4, 1977, around 4:00 lV-vent to her parent?s residence on! to do laundry. as. described as a very dark street, with no over ead streetlights. There was a rainage ditch, which ran north of the residence and a nature area to the south of the residence. At around 1 1:15 PM inished her laundry and placed it in her vehicle, which was ?ar - in front of the residence. As she turned around, the suspect was standing there. 0000133 After freeing herself, noti?ed the Sheriff?s Department. Additionally, she noticed the suspect had left in her vehicle. i described the suspect as a light-skinned white male, .parents? residence was approximately 2.5 miles from American River College. Additionally, there are Several drainage ditches which transverse the area. After the fourth burglary involving a sexual assault, the Sacramento County Sheriff?s Department began to realize they had a serial burglary/ rapist. The suspect was targeting residences and females in the Rancho Cordova, Arden/F air Oaks, Orangevale and Citrus Heights communities of Sacramento County. He would later be called the East Area Rapist (EAR). On October 5,1976, around 6:50 AM,-was lying in bed with her 3-year-old son, when she heard a Ii 1 switch and footsteps in the hallway of her residence, which was located a A?er'the suspect, she could hear him Walking around the house. When she could not hear the. suspect anymoremas able. to remove her blindfold and went to a neighbor?s house for helpUtated the suspect. and was 5?1 0 tall. Additionally, there was a drainage ditch in close proximity to her residence. 0 AM do On October 9, 1976', around 4:3 a 19-year-old female, who resided a 0000134 .ater noti?ed law enforc ement of the assault once her co?Worker arrived at her house to pick her up for work. ?was not able to provide a physical descri tion of the suspect, other than he was wearing black, leather shoes. The suspect entereh residence through an unsecure living room window at'the rear of the house. In addition investi atOrs learned On October 18,- 1976. around 2:30 resided at Carmichael with her husband and two awakened by her son someone was tr to etinto thehousie throu the kitchen window. 10 0000135 - She Was able to untie herself and go to ll!er neighbor?s house fer help. .described the suspect as; a white male adult with dark hair on his arms and legs, with a solid build. She indicated the suspect was wearin a dark t- shirt, gloves and white jockey shorts. The suspect was not wearing any pants. On October 18, 1976, around 11:00 who resided at Rancho Cordova, arrived home and parked her vehicle on the street in front of her house. As was. getting out of her vehicle, the suspect forced open her driver?s door and place his hand around her mouth. an to struggle at which time the suspect placed a knife to her throat. The susiei- i Ii -, would not hurt her, he only wanted her vehicle. The suspect then tied hands behind her back and escorted her around the corner. Once around. the corner, the suspect bound- feet, gagged and blindfolded her. The suspect then told_ot to move that he would be back in 15 minutes. -sked the susiect not to hurt her dog and the suspect replied he would not. Once the suspect ran off, heard her vehicle drive way. ?was able to free herself from her bindings and go into her house for help. -lescribed the suspect as a white male adult, 6 feet tall, heavy gray jacket, white cotton mechanic?s gloves, and brown desert boots. The suspect also continuously told-3' shut up. Ih?icle was recovered the following day October 19, 1976) parked in front of . ?hi'ch was .3 miles from ouse and .27 miles from house (October 9,1976 incident). ehi'cle was locked and her dog cou be heard barking ?'om the trunk. a Later on January 4, 19785-receiVed a lewd tele hone call from a male, who asked if she would like?him to. lick her pu?s'Sy. He also told ekn?ew where she lived. On 16-year-old high school student, who resided at- n: Citrus. eights, was home alone watching television when she heard a loud norse coming from the living reom. Her dOg began to. shake and bark, but -vas not concerned and continued watching television. 11 0000136 able to untie her wrists and ankles and walked back towards her house. When she. reached 'her neighbor?s house, they Called for help. described the suspect as a white male adult, 18 to 23 years old, 5-10 and 165 pounds. She indicated the suspect-had brown hair with a very pale complexion. The suspect wore On 12/18/1976 around 7:15. PM,-15-year-old high school student, who lived at .n Fair Oaks with her parents, was home alone with a cold. Her parents had gone to a Christmas party and her sister was at a friend?s house. as practiei?n the piano, she heard some strange noises but didn?t think anything 12 0000137 ?0 lio escribed the suspect as a white male adult witha re lar build. She could, not tell his age or height. She indicated the suspect was wearing?nd nylon type jackets min the investigation; On 1/18/1977, around 11:30 PM- 25?year-old who lived at ?Sacramento, went to bed. Her husband was out of town on business. 13 0000138 was able to free herSelf and call for help. -, vehicle was recovered the following day (1/19/1977) in an apartment complex parking lot, 1.5 miles aWay from esidence. The vehicle was locked and the keys were missing. . described the suspect as; a white male adult, 5-11 and 180 to 185 pounds. He- possibly polyesterpants and a. lightweight jacket. Two months prior to On 1/24/1977 around 1:00 AM 5-year-old accountant who was separated from her husband and lived at? Citrus Heights, was entertaining friends at her residence. Shortly a?er midnight, all. . ests le?, leaving her home alone. A?er fallin aslee After the suspect left, game, 15 minutes before moving, at which time she untied herself and called for help. 14 0000139 0000140 'escri tion of the sus ect was limited since the bedroom was very dark? On 2/7/1977, around 6:50. AM, home with her daughter. She resided at work and asked her to make sure the house was locked since he .?zvalked through the house, checking the doors. suspect Was standi?n; therewith a 1 n? 'ointed at her. a 30- ear-old and" as at Her husband had just left for saw a suspicious van nearby. However, when she turned around the . . A ne1ghbor respon an assisted in untying them: at which time she called the police. dau ter described the suspect as a white male adult,* She indicated the suspect was wearing white jockey shorts, 1 enms shoes and a red/white/blue jacket. She said. the suspect also had hairy legs. .5. neighbo . who resided at tated he saw a subject climbing over ?a fence locate? 1 along a cement drainage ditch. He didn?t think anything of it since it was: close to Del Camp?o High School. He: described the subject- as a white male adult, with short light brown hair, between 16 to 2-0 years old, wearing alight blue coat and blue pants, similar to a blue leisure suit. Short]. after seeing the subject go OVer'the fence,-aw exit her house and" yell . 15 A student at Del Campo High School also saw the subject described by-un down ?nd disappear into the park. During the investigation, investigators learned-nd her family had reviously been victims of a burglary on two separate occasi'Ons.. Additionally, prior to herilcident- nd her family received two phone calls where the calling party hung up. an 18 year old who resided at with his arentshad been sho as found lying on the ground by a fence in etween ad sustained a gunshot wound to the abdomen. He was imme iate .y transported to the hospital. -father told law enforcement. the family was in their home when they heard a noise coming. from their backyard. When? nd his father wentinto the backyard to investigate the noise, they saw the shadow of a man. suspect took. off running toward the street and they gave chase. The suspect hopped a fence and shot. he attempted to follow. ell to the. ground. As father approached, he heard a second gunshot. His father grabbed-nd pulled him aroun the other side of the house, A neighbor heard the gunshots and tried to follow the sus ect. told himthey saw a male run into the bushes by? him as a male between 215 to 30 years old-,- with heavy legs. came upon three girls, who The girls could only describe On 3/07/1977, around 9:35 38-year-old female who lived a_ In Stacrammto, returned horne- a?erspending some time at a ?iend?s heuse. Short after arr?iVingi?home, went to bed. Prior to going to sleep, recalled checking all the doors and windows to make. sure they Were locked. 16 0000141 She tried to useertlep'hone, but there was only a dial tone. ade her way to the ?'ont door and yelled for help. Law enforcement responded erea' er. It was determined the suspect gained entry into the residence by prying open. a rear window. In doing so, he'broke the bottom piece of the window. On 03/18/1977, around 10:40 PM a 16-year-old student at?who resided with her parents a "11 Rancho Cordova, arrived home from work. She Prior to leaving work, . kedher sister to leave the kitchen, living room and porch light on. However, When ived home, only the kitchen and living room lights were on. 0000142 the home telephone continuously rang. It was determinedqas trying to. reach he suspect became very tense and began walking back and fort from the kitchen and the backyard. -later heard knocking on the front door. It was nd her father checking on her. When they were not able to enter through the front door, they went around to the backyard and entered the residence. Once inside,- they foundund untied her. Investigators located pry marks on the back sliding. lass door. The door latch had been broken in half. All three bedrooms had been ransacked, whichbhought occurred before she got home. - described the suspect as a white male, 25 to 35 years old, 5-10, medium build and wearing a .d her two children. On 4/02/1977, around 1:30 a 29-year-old _who resided at? Orangeva e, amved home from the drive-in movies. She was with her 18 0000143 0000144 escribed the suspect as alight complexed white male adult, 5-10, medium build, with largethij and very course. leg hair. She indicated the suspect did not take off his jaCket, which she escri as a ar ny on Windbreaker. The only thing missing from the residence was - During the investigation, investigators learned there had been recent reports of burglary and prowler activity in the neighborhood. In one instance, a homeowner chaSed a white male adult, 25 to 30_years old, 5-9 to 5-10, stocky build, with collar length hair. 30-year-old _who resided at and two children, was home asleep. Her husband was a their home backed up against the levee for the American around 2:00 AM, awoke. for an unknown. reason 19 escribed the suspect as a white male adult, 5-10, 165 to 170 pounds, with alight bu?' . The. suspect wore a?and a dark puffy ski jacket. The suspect, gained entry into the; residence through a sliding glass door. The only items - On 4/15/1977, around 2:00 .- ear-old who resided with her ?anc? a . Carmichael, was awaken by a bright light 20 0000145 grabbed a knife from the kitchen and cut her bindings. en went to her ?anc? and freed him. a stated she never saw the suspect?s face and - he described the suspect as 5-8 to 5-10, 145 to 150 pounds with a small build. She said the suspect woreva green khaki nylon jacket and military style boots. The suspect took approximately $100 in cash, During the investigation, investigators learned there was an incident nearby where a neighbor saw a prowler standing by'a window. On 5/14/1977, areUnd 2:00 AM ear-old female, who resided at* -in_ her-husband as home in bed when she heard the soun of "et-?l sc" s, er? in aslee- After waiting several minutemfreed herself from her bounds and ran to a neighbor?s residence for help. .e?scribed the suspect as a male adult, 5?9 to. 5-10, stocky build, . The suspect had brown collar length hair and hairy legs. 0000146 Like many of the other victims, a month prior to the incident neighborhood kids saw a stocky male prowIer 1n the backyard of a residence 1n the neighborhood. On 5/17/1977 a -old _ived with her husban their two children .a .n Carmichael. At 0r around 1:30 AM was in bed with her-husband When they awoke to the suspect in their bedroom -did not hear anything for 30 minutes until she heard her husband moving around and caIling for his father to come untie him. 22 0000147 -described the su'spect as an adult male 5- 8 to 5- 9.- On 12/2/1977, around 10: 30 36-year-old female, who lived at? 11 Sacramento with her husband and two children was home with her two ch1 ren an ends. After her friends le?, On 1/28/1978 around 10: 00 and her siste 4 year old high school students, who resided with their parents at were home alone. They had been watching television and decided to go to eep. Shortl. after fallin aslee heard a thumpin noise Ira-n 23 0000148 After 15 to 3-0 minutes, the sisters heard their father?s voice calling out to them. He found them in the bedroom and untied them. The father-old investigators he and his wife arrived home around 11 :30 PM. As they pulled into the driveway, he noticed the laundry room door open and several lights. Mated the suspect was 5-10 and wore a- The victim?s residence was a quarter of a mile away from American River College. In most of the attacks, the. suspect struck heme's easil oen ?eldadj?acent creek. .. accessible from a drainage canal, creek, or 24 0000149 An attem ted murder- of a teenage boy occurred in the middle of this phase, on 2/16/77. The victim, . as an 18 year old white male who ents and sister at Several of?cers had been posted in the neighborhood due to the Ear Area Rapist series which had been going on since June of 1976. A radio call was received at approximately 2230 hours on February 16, 1.977 statinga bo .had been shot. Sacramento Police Department Of?cers responded nd met with a citizen who directed them to the victim. was found lying on the ground a fence located betwee He had sustained a gunshout wound to his abdome. as transported to Sutter Hospital and treated for?his injuries. According . (father 0. th family was home that evening when they heard. a noise. coming from their rear yard. nd went to check the yard and saw the shadow of man prowling} and looking .at a teenage girl in the home. The subject took offrunni'n towards the street and both gave chase. The suspect ran across the street to 'd jumped over the fence on the right side of the house. was just about toclcar? the fe 'ce as well, when the ?rst shot was ?red striking him. . I back onto the ground. approached and a second shot was ?red. abbed 'nd dragged him to the other side of the residence. 'ers stated they heard the shots and went to investigate. Nearby neighbors on card "elling for help. 9-1-1 was then called. Other neighbors on the . - state? . ?eI. saw a" su. ,.ject.runin-ing through a ard on the east side of the then cut onto . .d run northbound, across ?nd into the parking lot I here ey lost: sight of him. Several nei . Another neighbor responded to the gunshots and tried to follow the suspect onto .Vhen he reached that roadWay, he saw three girls walking along he asked them if the saw arr-?one running; and they told. him they'saw a male run into us es in front 0 They could provide no '?thhe'r description, other than male, 25-30 years old and having ?heavy legs.? From 6/18/76 to4/l 4/78, during Phase?One of the series, the-attacks all occurred in the greater Sacramento area east or north. east of downtown. Two cases during this phase occurred in Stockton: onein September, 1977 and another in March, 1978. After each Stockton attack, the ent back and attacked in the Sacramento region. 0000150 0000151 The neighborhoods where sexual assaults eventually occurred, were plagued with hang up and lewd phone calls that preceded bothburglaries in the neighborhoods, prowling activity, and sexual assaults. Your af?ant believes the EAR used these phone calls to gain intelligence on residents who were home and or possibly vulnerable to attack or burglary. Detectives I have spoken with who worked the initial investigation began to become aware that these phone calls were a unique indicator of eventual EAR activity. Phase One began coming to an end with the Rancho Cordova double murder of Brian and Katie Maggiore on 2/2/78. Though the offender committed 2 additional sexual assaults following the double murder, he never struck the patrol jurisdiction of the Sacramento County Sheriffs Department again. His ?nal two sexual assaults in this phase were in Stockton and the Pocket area of Sacramento. The EAR had never struck the Pocket area of Sacramento before. An enhanced composite sketch of the suspect in the murder of Brian and Katie Maggiore was released on 4/16/78, and the EAR never struck Sacramento County again. DETAILED SUMMARY OF THE BRIAN AND KATIE MAGGIORE MURDER: Shortly after 9pm on February 2, 1978, USAF Sgt. Brian Maggiore, 21, and his wife Katie, 20, took their dog for a walk through Cordova Meadows, the quiet, middle class subdivision of Rancho Cordova in which they lived. On that particular evening, the area they walked was very dark. Only a quarter moon, a few porch lights, and a couple of residential light posts at the edge of an occasional driveway provided illumination. At the time, Cordova Meadows was heavily prowled and burilarized and was the location of several sexual assaults At some point on their walk, Brian and Katie engaged with an unidenti?ed assailant and came to be in the backyard of a residence in the 10100 block of La Gloria Drive. It is unknown whether they were chased into the yard, followed the suspect into the yard, or perhaps followed their dog into the yard (the dog was later located in the swimming pool of the residence). A witness who lived at the residence described the violent encounter in his backyard. His vantage point was an upstairs window. He observed the suspect and the victims in his backyard and watched as they ran into the adjacent rear yard on La Alegria Drive (one street south of La Gloria) through a section of a fence that had been blown down. The witness at the La Gloria residence saw the suspect raise his arm and ?re at the ?eeing victims. He also witnessed the suspect ?re towards the ground near the patio of the La Alegria residence. (Brian was subsequently located in this location suffering a from gunshot wound that rendered him unable to speak.) The witness then saw the suspect run around the east side of the house near the residence?s chimney and disappear. It was too dark for the victim to make out speci?c details of the suspect even from his excellent vantage point. A different witness standing in his driveway on La Alegria Drive was speaking with a neighbor. Both the witness and neighbor heard two separate gunshot events. The witness then heard the sound of a man jumping over the gate immediately next to the chimney of the crime scene residence on La Alegria where the suspect had ?ed. He heard a sound as though someone had jumped a fence and fallen into bushes. The witness said he heard the suspect thrash in the 26 0000152 bushes, free himself, and then run west t0wards West La Lorna Drive (Witness?s direction.) The witness then saw the suspect run up onto the witness?s lawn and near a tree in the yard. The suspect got within approximately 25 feet of the witness when the suspect spotted the witness and the neighbor. The suSpect rapidly changed direction and ran across the street. In his brief observation, the witness noticed the suspect was wearing a black or blue knit ski mask that left only his eyes and nose exposed and was possibly holding a handgun. He further stated the subject was wearing a brown leather Jacket, gathered atthe waist, with a peanut-shaped stain on the lower right side of the back. Thesubject had dark, quiet shoes. He described him as 6?0? to 6?2? inches tall with fair skin. He worked with a sketch artist and the following composite was drawn: .. . Bi 2 '13? 1. a at? - la;- . gi?'?fi? . . r"-witness who lived across the Street reported to detectives that she had seen the subject run onto the lawn from the sidewalk as described, and change direction. She observed the subject to be approximately which came from a direct comparison of the height of the suspect to the height of the young man who was in his driveway, and was known to her. A young lady in the samehome-reported the suspectirian through her side yard, jumped a fence in the backyard, and ran onto the adjacent. street, Capitales? Drive. Several other witnesses apparently saw- the same suspect (based upon their general agreement on clothing description and other featUres) on Capitale?s and other nearby streets generally heading northeast, away ?om the crime scene. Odd behavior was noted by several of the witnesses, including strange comments such as ?-ExCuse-me, I?m trespassing? when seen by a resident in his yard. One witness saw the suspect carrying a football-sized object in his hand that appeared to 27 be made of cloth. The suspect would jump behind objects and shield his face with his arm and jacket whenever he encountered a witness. In all of the nearly one dozen witness accounts of events- following the shooting, only a lone suspect was observed h. each witness. *They described him as follows: - White male . 5?9? to - 20-30 years old Brown hair to middle of ear: described by some as light brown, by others as brown or dark brown - Hair parted, but described by some as bushy 0 Dark jacket made of shiny material, possibly leather or vinyl, most commonly described as brown - Soft-soled shoes At the crime scene where both Brian, and Katie were shot, a single pre-tied shoelace was located in the yard a few feet from where Brian was lying. Considering that several seconds elased between shots bein_ ?red and the witness seein 1 the man 'um?oin'the fence, The owners of the home where the couple were found did not reco. :4 "i?ze. the Shoelaces. . they were 'pre-t'le as a? iga ure as oppose a . uick cinching technique. stral ,t shoelace, as if to allow a I 28 0000153 0000154 Brian andKatie Maggiore wereeaCh .transpOrted to area hospitals where they died as a result of the gunshot wounds they suffered during this event, EXAMINATION OF THE EVENTS LEADING-UP THEMAGGIORE HOMICIDES mes in the immediate neighborhood of the murders (Cordova- Meadows subdivision) Twelve-- reported incidents in the weeks and days leading up to the murders as well as the night of the mun: er. ese-ineidents included and/or silent. phone calls, and burglaries, Additionally, other residences along the American River Parkway to the east and west were burglarized that night. 29 Af?ant has read all of the nei hborhood crime reorts leadin; up to the Maggiore murders. I In addition, your af?ant has read in excess of 30,000 reports from tie time epoo? The following crimes occurred in the wee s, ays, an ours pr - the murder of Brian and Katie Maggiore. All occurred within approximately 1/3 mile radius of - each other. A young woman reported receiving hang up phone calls where caller said nothing and would then hang up. These occurred every night for a week prior to the murders. All calls occurred at the same time: 8:00 pm. There was no call the night of the murder or at any time after. A young couple moved into the home in the fall of 1977. They had prowler activity at night and suffered a burglary in winter of 1977. Undergarments belonging to wife appeared to be missing. Gates and doors were found open around Christmas of 1977, leading them to believe the home had been re-entered. No items were taken. A young woman resided at the residence and reported prowler activity in the two weeks leading up to the double murder. Also reported were phone calls where the caller said nothing and then hung up. A 25-year-old woman experienced heavy prowler activity eginning a little over a month before the murders. Shoeprints were found outside the bedroom window, and the gate was constantly left open. Attempts to secure it resulted in the culprit damaging it to gain entry. Drawings on the window in what was suspected to be bodily ?uids were left by the culprit. A married couple in their early twenties reported experiencing a burglary, four months before the murders, in which nothing was taken. An unknown subject was observed in backyard on one occasion. A man in his twenties and two female roommates in their twent1es reported prowler activity a few months before the murders. Numerous hang up phone calls had been received since that time. A married couple in their early twenties reported receiving uspicious one ca 3, eginning a week prior to the murders, in which the caller would say nothing and then disconnect. - 30 A woman in her thirties suffered a nighttime burglary three was taken. nights before the murderszothing' ustained a nighttime attempted as thwarted by a secondary security ck in recent prowler activity at the ?mg murders. The burglar?s entry The victim also reported an upti to the far edge, leaving the attic tested negative for blood or other biological substances. estate agent drove by the residence, he observed a yello by the front door; The residence appeared otherwise access hole open. Stains On several occasions when the real w, ten-speed bike parked on the landing ormal, despite the presence of the bike. A. woman in her late thirties and other female occupants in murder scene reported numerous suspicious hang-up phone r; The ?nal call was received at 8pm on the night of the remained on the line brie?y, and then disconnected. the home; across 'e street . om calls in the week- prior to the: murde' murders. The caller said nothing, COMPOSITE SKETCH A composite sketch of the probab considered the most reliable at th l-e killer was released in Ap time of release. ril 1978. This composite was 31 0000156 ffenses occurred following the murder of the Maggiores, but prior to the release of the sketch. One was in Stockton, where he had previously struck before after a multi-month absence. The other was in the City of Sacramento?s ?Pocket? area, where he had never struck before.Maggiore Murderer Composite Sketch 32 0000157 0000158 .s an Auburn Police Of?cer 33 Phase 2: Modesto and Davis 6/78 TO 7/78 I r- ultimmd'f?t; I, (m . In June, 1978, the series. On 6/5/78, Modesto and . within 48' hours he attacked in Davis on 6/7/78. The distance between these two cases is 91 driving miles. Within two weeks attacked again in Modesto on 6/23/78 and within 24 hours . he had returned to Davis and ff attacked on 6/24/78. Two weeks passed and he attacked I once more in Davis at 2:50am on 7/6/78. This last" Davis attack concluded Phase 2 of the series. 34 0000159 0000160 summarized at-rl?igthbelow) Phase: East Bay :1 0/78 To 7/79 A three month long gap. exists ?om the ?rst week in July, 1978 until the second week in October, 1978 when no known cases occurred the longest period of inactivity up to that time. Phase 3 started in October, 1978 after the three month period. Two co'uples were within two days 1 of each other (10/1 U78 and 10/13/78) in Concord. Over ne nine months following the Concord cases committed assaults in Walnut Creek (6/2/79 and 6/25/79), Danville (12/9/78, 2 6/11/79, and 7/6/79), San Ramon (10/28/78 and 12/18/78), Fremont and San Jose (11/4/78 and 12/2/78). Most of these attacks in the East Bay were in? neighborhoods within a few minutes driving distance of Interstate 680. A?er'the last-Danvi?lle case on 7/6/79,- disappeared. with no more known cases occurring in -: Northern California. Both Sacramento and Contr sta law enforcement agencies formed dedicated Task Forces to created by the Proactive tactical patrol ek Was theroughly investigated. Hundreds of suspects 53k ewe/investigator's and eliminated either through grew status. str?a es werelmpl COntact'ed by? patrol of physical? description, alibis, or In 2001-, DNA testing done . by the ContraGCsta?COUth Sheriffs Crime Lab. linked to a series ofihOmi?cides . conunitt'ed. in Southern 1 California between 1979 and 1986; Sixeases with ten murdered victims- were spread across Santa Barbara, Ventura, and Oran e' . 1 ., counties . . 35 .Z'vum1ml?a1ymue . With the DNA link, I have added the Southern California homicides as Phase 4 of the series, DETAILED SUMMARY OF THE 3 DNA LINKED EAR RAPES: Contra Costa County Sheriff?s Of?c- On 10/28/78, San Ramon, CA were asleep in their bed in the 36 0000161 After that he left. The criminalist processing the crime scene noted that the phone cord in the bedroom had been cut by the offender. In 2001, the DNA rofile recovered from-neck matched the DNA pro?le recovered off of 3/1980 Ventura? PD double homicide of Lyman. and Charlene Smith. Contra Costa County Sheriff?s Ollie- 01112/9/1'978', le Danville CA- A?rhe had fallen 0000162 0000163 In 2001, a DNA pro?le was developed recovered fron-Vab thatmatched the DNA pro?le recovered off of 3/1980 Ventura PD double homicide of Lyman and Charlene Smith. Contra Costa County Sheriff?s Offic- at ere asleep in their bed in th . . UCanville,A . The suspect left and did not return. 38 0000164 In 2001, a DNA rofile was develo cd from swab thatmatched the DNA pro?le recovered off of 3/1980 Ventura PD double homicide of Lyman and Charlene Smith. Phase 4: Southern California On 10/1/79, were attacked while?they Goleta CA(Sana Barbara area). 0 . Int isse, the female victim heard the offender forth repeatedly stating ?I?m going to kill them, I?m going to kill them this time.? got up and ran towards the front door. The offender caught her and she screams. The male victim heard scream so he jumped out of bed ut of the sliding door into the backyard. At this point the offender Ie the scene on a sto en 1cycle. An off duty FBI agent who was a neighbor of the victims responded, got into his car, and pursued the offender. The offender drops the bike and starts hopping fences and escapes. pacm back and On 12/3 0/79, Dr. Robert Offerman (44yr WMA), an orthopedic surgeon and success?il businessman, and Dr. Alexandra Manning (35yr WFA), a successful were found dead in Offerman?s condo at 767 Avenida Pequena, Goleta, CA. Manning was found nude lying face down in the bed with her hands bound behind her back. Manning died as a result of a single gunshot wound to the back of her head. Offerman was found nude lying on the ?oor next to the bed with the same type of binding as had been used on Manning wrapped in his hand. He died from three gunshot wounds: one to the top of the left buttocks, one to the right front side of his neck, and one at the front base of his neck. Both victims had been shot with nominal .38 caliber bullets all ?red from the same gun. On 3/16/80, Lyman Smith (43yr WMA), a former Deputy District Attorney who was expecting to be appointed as a judge by Governor Jerry Brown, and his wife Charlene Smith (34yr WFA) were found dead in their beds at their home located at 573 High Point Dr., Ventura. Lyman was found nude lying face down on the right side of the bed. Both his hands and feet had been bound. Charlene was found nude from the waist down, lying face up with her hands bound behind her back. Her ankles were also bound. Both victims died as a result of blows in?icted to their head by a wood log the offender had procured from the ?rewood pile outside the house. Semen recovered from Charlene?s vaginal swab is consistent with-DNA pro?le developed from the aforementioned Contra Costa cases. This attack will be summarized in much greater detail later in this af?davit. (A detailed summary of this case is contained below.) On 8/21/80, Keith (28 yr. WMA) and Patrice Harrington (28 yr. WFA) were found dead in their bed by Keith?s father Roger Hanington at their house owned by and shared with the father at 33381 Cockleshell Dr., Laguna Niguel. This house was located in a gated neighborhood but anybody on foot could easily gain access into the area. Roger Harrington was a wealthy businessman. Keith, a medical student at UC Irvine and Patrice, a nurse, had both been bludgeoned in the head by an unknown blunt object. Both were lying face down and had been completely covered with bedding. Keith was nude while Patrice was only wearing a short white terry cloth robe. Binding marks were present on both victim?s wrists and on the female?s ankles. ?39 0000165 The binding material had been removed, presumably by the offender, prior to the bodies being found. Semen recovered from Patrice?s vaginal swab is consistent with NA pro?le developed from the aforementioned Contra Costa cases. On 2/6/81, Manuela Whittuhn (28 yr. WF A) was found dead in her bed by her mother at 35 Columbus Way, Irvine. Manuela worked as a teller handling auto loans fOr the Airport Branch of the California First National Bank in Irvine. Her husband, David Whittuhn, was in the hospital being treated for a viral infection and therefore was not home when the homicide occurred. Manuela was found dressed in a bath robe and partially wrapped in a sleeping bag. She had received multiple blows to the back of her head. Binding marks were found around both her wrists and ankles but the bindin material was missing. Semen recovered from Manuela?s vaginal swab is consistent withh DNA pro?le developed from the aforementioned Contra Costa cases. On 7/27/81, Greg Sanchez (27yr WMA) and Cheri Domingo (35yr WFA) were found dead in the master bedroom of 449 Toltec Way, Goleta. Cheri was house sitting at the residence that was for sale by the owner. Her boyfriend Greg had apparently come over to visit. Real estate agents found the bodies after coming to the house with clients. Greg was found nude lying face down on the ?oor, partially in the bedroom closet. He had one non-fatal gunshot wound that had entered through his left cheek and had received 24 blows to his head from an unknown weapon. After receiving the blows, Greg?s head had been covered with clothing from the closet. No binding marks were present on either Greg?s wrists or ankles. Cheri was found nude lying face down in the bed and was completely covered by bedding. Both arms were behind her back and binding marks encircled both wrists. However, the binding material was missing. Binding marks were also present on her ankles with the binding material missing. Cheri died as a result of multiple blunt force in'uries to her head. A semen stain on a blanket at the scene is consistent with?DNA pro?le developed from the aforementioned Contra Costa cases. On 5/5/86, Janelle Cruz (19 yr. WFA) was found dead in her bed at 13 Encina, Irvine. Janelle worked as a cashier for the Bullwinkle?s restaurant. Janelle lived with her mother who was on vacation at the time of the homicide. A realtor had gone to the residence that was for sale to prescreen it for a client and found anelle?s body. Janelle was found lying face up on her bed with a blanket covering her head. She was nude from the waist down. Janelle died as a result of multiple blows to the face and head from an unknown blunt weapon. Semen recovered from Cruz? vaginal swab is consistent with - DNA pro?le developed from the aforementioned Contra Costa cases. DETAILED SUMMARY OF VENTURA MURDERS OF LYMAN AND CHARLENE SMITH1:55pm. _went to his father Lyman and stepmother Charlene Smith?s house at 573 High Point Dr. in the city of Ventura to mow the lawn. knocked on the front door and after receiving no response; he went to the rear and contacted two males who were working in the rear yard. The two males indicated that his father should be home. proceeded to a garage door and found it locked so he went to 40 the front door again and knocked again. After not receiving a response at this second attempt, 'ed to Open the front door and feund it unlocked. He entered the residence and noticed the pillows disturbed on the living room couch and heard a noise coming from the back of the residence. allowed the noise to the master?bedroom and discovered the noise was the alarm clock. Upon entering the master bedro ?noticed the dresser had been ransacked with doors open, drawers pulled out, an items isturbed. saw the bedspread had been pulled up and covered two ?gures laying on the bed. went to the far side of the bed to turn off the alarm clOck and wake up his father. At 0000166 this time he noticed blood 'on the bedspread. .i?ed up the bedspread and observed his father, Lyman Smith DOB 4/7/36, lying face down with. a large amount of blond on his head. believed at this time his father was deadq-?qen called the police. Upon. entering the master bedroom, Ventura detectiv_bsewed a king size bed with the head against the south wall. .A blood-stained Wood log was laying on top of the bedspread at the foot of the bed. Pieces of bark were on the ?oor on the east side of the bed. Two ?gures were lying in the bed, completely covered with the bedspread. Blood was observed on the bedspread up at the head of the bed. ?fted the southwest corner'b'edspread and observed a white male adult, later identi?ed as Lyman Smith (DOB 4/7/36), lying face down on the pillow. Lividity was present on. the face and a large amount of blood was ?under his head on the pillow. Lyman Smith was completely nude. The detective then lifted the southeast end of the bedspread and observed the body of a white female adult, identi?ed as Charlene Smith: DOB (4/17/46) laying on her back, witha large amount of blood covering her face and on the pillow. Charlene Smith was wearing a shirt but Was nude from thewaist down.- Both victims had their hands bound behind their back withcord and each of their ankles were. also baund. A small amount of blood spatter was seen on the wall at the head of the bed. Both bodies showed signs of early decomposition changes. The autOpsy found both. victims had died as a result of multiple blows to the head. The wood log found at-the foot of the bed was determined to be the weapdn Used to in?ict the injuries to both victim?s heads. A wood pile 0n the north side of the victim?s house was determined to be the likely source of the wood log used as the bl'udgeoning weapon. Semen was found on Charlene Smith?s vaginal swab. In 1996 DNA testing from the semen evidence linked the double. homicide of Lyman and Charlene Smith to three other homicide cases in Southern California: the 8/1980 double homicide. of: Keith and PatriceHan'ingt?on, the 2/1981 Irvine PD homicide of Manuela Whittuhn, and the 5/1986 homicide of Janelle Cruz. In 1997, DNA testin further linked the semen evidence ?'0m Charlene Smith to three Contra .Costa County cases that occurred at the end of 1978 and'the of 1979. In 2011, DNA from the 7/1981 Santa Barbara double. homicide of Cherie Domingo and Gregory Sanchez was also linked to the DNA evidence recovered from Charlene Smith. The early investigation. into the homicides of Lyman and Charlene Smith focused o' business partner of .Lyrnan Smith who had been at the house the last night the victims 41 0000167 investigation into the family linea led to identi ing Joseph James DeAngelo Jr. (DOB: November 08, 1945, white male, - as a potential suspect. On April 18, 2 18, a surreptitious samp om were known to be alive. Ingerprint had been found on a drinking glass recovered from the kitchen counter inside the Smith residence and a pastor had come forward statin had made incriminating statements about being present during themhomicide during a personal counseling session. The Ventura District Attorney charged with the murders of Lyman and Charlene Smith. The pastor, the primary witness against de endant was discredited at the preliminary hearing and the Ventura District Attorney dropped the case against Subsequent DNA testing eliminated .as the donor of the semen recovered ?'om Charlene Smith?s vaginal swab. Your af?ant learned additional DNA testing conducted during the ?rst uarter of 201 8 from the Smith semen evidence resulted in identifying a relative . Subsequent DeAngelo was collected from the driver?s side car door handle he was directly observed driving. DeAngelo?s vehicle was parked in a public location at the parking lot of the Hobby Lobby store in Roseville, CA. A swab was collected from the door handle while DeAngelo was inside the store. This car door swab was submitted to the Sacramento DA Crime Lab for DNA testing. On 4/20/18, af?ant received results produced by the Sacramento DA Crime Lab from a swab of DeAngelo?s door handle. According to a quali?ed DNA criminaliSt the DNA contained a mixture of three individuals. The criminalist was able to isolate a contributor which accounted for 47% of the DNA present in the sample. The DNA was compared to one of the Orange county pro?les which was con?rmed by the criminalist to be identical to the pro?le ?om the March 1980 Lyman and Charlene Smith double homicide from Ventura County. This 47% contributor of the DNA was consistent with both the Orange County and Ventura County (Smith suspect) pro?les. The likelihood ratio for the three person mixture can be expressed as at least 10 billion times more likely to obtain the DNA results if the contributor was the same as the Orange County/Ventura County pro?le and two unknown and unrelated individuals than if three unknown and unrelated individuals were the contributors. On 4/23/18, additional surreptitious samples were recovered out of DeAngelo?s trash can, located at his residence, 8316 Canyon Oak Drive, Citrus Heights, CA 95610. The trash can was put out on the street in front of his house the night before. DeAngelo is the only male ever seen at the residence during surveillance of his home which has occurred over the last three days. Multiple samples were selected from the collected trash and sent to the lab for DNA testing. Only one item, a piece of tissue (item provided interpretable DNA results. The likelihood ratio for this sample can be expressed as at least 47.5 Septillion times more likely to . obtain the DNA results if the contributor was the same as the Orange County/Ventura County pro?le than if an unknown and unrelated individual is the contributor. EXAMINATION OF SUSPECT JOSEPH JAMES DEANGELO JR. It is my opinion that upon examination of the factors linking Joseph James DeAn elo Jr. to all the cases detailed above demonstrates he is the offender responsible for the i the murders of Brian and Katie Maggiore, 42 0000168 .-. This includes the double homicide of Lyman and Clharene iSh. Joseph James DeAngelo Jr. was born within the logical time frame of the offender, on November 8, 1945. He grow up in the Sacramento area and attended Folsom High School. DeAngelo left Sacramento in 1973 and took a job as a police of?cer in Exeter, CA. Exeter is less than 20 minutes away from the city of Visalia, CA the location of all the Visalia Ransacker crimes that culminated in the abduction attempt of Beth S. and the murder of her fathe as well as the later shooting of Visalia Police Of?cer .By 1974, DeAngelo attended a police academy for 400 hours at the Kings County Public Safety Academy. This academy was af?liated with the College of the Sequoias within Visalia, CA is consistent with the composite sketch of the suspect in those cases is also consistent with photos of DeAngelo in possession of investigators. Joseph James DeAngelo is linked to the East Area Rapist series via eo a hical factors. Following the murder of nd the shooting 0 DeAngelo relocated to the Sacramento area and took as a job as an Auburn Police Of?cer. - Additionally, DeAngelo had beenengaged to marry a woman named Bonnie. It is my opinion that the EAR murdered Brian and Katie Maggiore on 2/2/78. This crime occurred at the end of the EAR series in the ?rst neighborhood the EAR struck in the Sacramento area. This neighborhood, Cordova Meadows, was a very active EAR ground with ?burglaries, ,prowling events, lewd/hang up phone calls, and -ssaults from une of 1976 to March 1977. The concept of for this offender 18 well documented throughout the cases, a (1 ex ?es the behavior 0 the offender in his method of victim selection. This concept of as discussed in detail in the Behavioral Analysis Unit report that examined all of these cases. Very few-assaults were not preceded by this stalking behavior of a speci?c neighborhood prior to the initiation of 43 0000169 Several M.O. factors link the EAR to this crime. -Strange phrases uttered such as, ?Excuse me, I?m trespassing? -Time of day is consistent with prowling/burglary offenses - -Use of hang up phone calls to identify residents who are home with. the neighbor across the street getting such calls the night of .and within an hour of the murder. .-The hiding of the suspects identity while ?eeing on foot Jumping of fences to escape the area Lack of immediate auto transportation as suspect forced 'to ?ee on foot -Physical description of Suspect consistent with EAR Composite sketch by witness that closely resembles DeAngelo Cessation of activities in Rancho Cordova and Sacramento County Sheriff?s jurisdiction following the murders Cessation of all EAR. activity is Sacramento County after the release of the composite Finally, the .EAR had demonstrated in th and. incidents that he Would resort to ex ?losive violence if met withres?istance from a male. This pattern continUes du?ng the latericases. It is the opinion of your af?ant that Brian Maggiore became involved in a close quarters confrontation with the EAR as he was involved in stalking, prowling, or burglarizing behavior. I believe'the EAR shot Brian. MaggiOre, pursued Katie on foot and shot her. It is the opinion of your af?antf that Joseph Jr. is responsible for the murder of Brian and Katie Maggioreon February.2, 1978'. I pray a warrant be issued for his arrest. 44 Aqum 0000170 45 0000171 46