Cold season 3, episode 1: Everything Escalates – Full episode transcript

(Sound of an old telephone ringing)

Dave Cawley: Heidi Posnien rolled over in bed, reaching through the dark for the telephone.

Heidi Posnien: I was getting a phone call, it was probably around midnight.

Dave Cawley: She lifted the receiver to her ear and said a tentative hello, the word tinged by her distinct German accent.

Heidi Posnien: Voice on the phone said that he wanted to talk to me.

Dave Cawley: The voice belonged to a man. He introduced himself and said he was conducting a survey. He wanted to ask her a few questions. Like, what kind of lingerie do wear and are you as good in bed as everyone says?

Heidi Posnien: I said “who are you, what’s going on, what do you want?” And he hung up.

Dave Cawley: Heidi’s husband, John Posnien, stirred next to her.

Heidi Posnien: And then John said “who was that?” And I said “I don’t know, some guy wants to meet me. I—“ And he says “oh, some idiot.” Because I used to get a lot of those phone calls, especially when you work in the bar, y’know? You get people calling you and, and breathing heavy.

Dave Cawley: Heidi may’ve had her share of creeps calling in the past, but she’d soon learn this guy was different. Persistent. Dangerous. It was the spring of 1971. Heidi was a 36-year-old mother of two. She was by no means a push-over.

Heidi Posnien: Yeah, I’ve been in situations where I’ve had to defend myself in situations pretty good.

Dave Cawley: I’m sorry you’ve had to be in that situation.

Heidi Posnien: Many times, even when I was a child.

Dave Cawley: Heidi’s life story could fill an entire podcast on its own, but we’ll do the abbreviated version: she’d been born near the border of Germany and Poland in 1935. She told me her mother had fled an abusive marriage when Heidi was just a few years old, taking her to Berlin. But that move had carried them into the heart of Nazi Germany during the Second World War.

Announcer (from 1943 United News archive): The war in Russia enters its third year with Soviet armies pounding the Nazis from the Black Sea to the Baltic.

Dave Cawley: Heidi told me Hitler’s Wehrmacht had conscripted her father and sent him to the eastern front.

Announcer (from 1943 United News archive): But Hitler paid a price for this wanton destruction. That price was more than five-million Nazi soldiers.

Dave Cawley: Heidi’s father counted among those dead. Heidi survived and in the post-war years escaped Soviet-controlled East Germany to the west, where she met and married her first husband, a young American soldier. They had two children together. In 1958, Heidi’s first husband brought his little family stateside, to his native home of Provo, Utah, about 40 miles south of Utah’s capital, Salt Lake City. This was a huge adjustment for Heidi. At the time she spoke little English, had no friends or family in America and didn’t belong to The Church of Jesus Christ of Latter-day Saints, commonly known as Mormons. She didn’t observe that faith’s prohibitions on coffee or alcohol. And she joked about this when we sat to talk, by taking sips from a little bottle.

Heidi Posnien: Looks like wine but it isn’t.

Rod Layton: (Laughs) That’s not your wine, eh?

Heidi Posnien: Not this early in the daytime. (Laughs)

Dave Cawley: Heidi’s marriage to the soldier fell apart. She soon found herself divorced, an exile in an unfamiliar country. She moved to a city called Ogden, about 40 miles north of Salt Lake City. Ogden was a railroad town, with a rough-and-tumble history. Gambling halls, brothels and saloons used to line the street to its train station. The casinos and cathouses are long gone, but Ogden’s bars remain. Heidi found work as a waitress at one of those bars in the ‘60s.

Heidi Posnien: I had some altercations working in the bar where guys had made a pass and, in fact I, he was trying to push me in the corner and tried to kiss me and I bit his nose—

Dave Cawley: Oh my—

Heidi Posnien: —he was bleeding. (Laughs)

Dave Cawley: —wow!

Heidi Posnien: He’s not gonna kiss me if I don’t want him to. (Laughs)

Dave Cawley: Good.

Dave Cawley: She met and befriended other German expats in Ogden. One introduced Heidi to a local businessman named John Posnien. John was himself the son of German immigrants. He’d inherited his father’s business, the Ogden Optical Company, and worked as an optician. He’d also inherited his father’s 1955 Ford Thunderbird convertible.

Heidi Posnien: And of course he impressed me with his Thunderbird. (Laughs)

Dave Cawley: John and Heidi married. She took his last name, the one she still keeps proudly today: Posnien. Heidi showed me pictures.

Heidi Posnien: (Laughs) “That’s not a good picture of me, I’m laughing.

Dave Cawley: I think that’s a great picture of you.

Heidi Posnien: Oh, look at us, the bathing beauties.

Dave Cawley: John and Heidi Posnien moved to a little mountain town called Huntsville a few years into their marriage. They would take frequent drives in their Jeep, exploring the surrounding forest. On one such trip, they encountered a litter of baby bobcats separated from their mother. Heidi decided to adopt one of the little carnivores.

Heidi Posnien: I named him Charlie. They don’t meow. They go (hums). He could jump up on top of the refrigerator. And I would get some yard, y’know, and I’d throw it up at him and he’d paw it and I’d catch it.

Dave Cawley: The bobcat grew, becoming so large it would stretch out across the dashboard of John’s Thunderbird when Heidi took it out around town.

Heidi Posnien: And we’d go to the drive-in for a milkshake or an ice cream or something. He’d get a lick and I’d get a lick. (Laughs)

Dave Cawley: I tell you all this to give you a sense of who Heidi Posnien was — a no-nonsense survivor with a soft spot for those in need — when she received that odd phone call from a guy asking about her lingerie late one night in 1971.

Heidi Posnien: Now that you know my background a little bit better, now you understand why I could handle it like that.

Dave Cawley: It’s important to understand, because of what happened next: the man called her again.

Heidi Posnien: He seemed to know my kids, he seemed to know that I had a Mustang.

Dave Cawley: John Posnien had by that time traded in his Thunderbird for a ’66 Mustang. The caller told Heidi the Mustang’s brakes might suddenly quit working if she didn’t agree to meet him.

Heidi Posnien: My throat was all dry and uh, I can’t remember what I said because I was pretty upset at that time. And so, and he says “and don’t have this phone traced. Don’t put a trace on because then it’s not gonna be healthy for you or for your kids.” So I knew that he knew us really well and that really made me mad. (Clears throat) In fact right now my mouth is dry just from thinking about that, y’know.

Dave Cawley: Heidi put the caller off, playing for time. He called yet again on Tuesday, June 1st, 1971, and repeated his demand, telling Heidi he’d had his eye on her for at least three years. He mentioned having seen her at the Weber Club, a fancy social spot in Ogden.

Heidi Posnien: We used to go to the Weber Club quite often for dinner and cocktails and things like that. And whenever there was a party that’s where everybody met.

Dave Cawley: Heidi again managed to get off the phone without committing to anything, but it was clear the caller did not intend to leave her alone. So, Heidi told her husband John about the caller and his threats. John talked to a neighbor of theirs, a sheriff’s deputy named Halvor Bailey, who encouraged the Posniens to make a formal report. They did. I know, because I have a copy of it.

Heidi Posnien: And then I think John even talked to the sheriff down in Ogden.

Dave Cawley: They hatched a plan. When the man called again, the sheriff wanted Heidi to answer.

Heidi Posnien: And so they said “well, what you need to do is just go along with it and make a, make a appointment with him. A date with ever.” And I said “ok.”

Dave Cawley: The caller phoned Heidi again a final time on Thursday, June 3rd.

Heidi Posnien: The phone was ringing like 10 o’clock in the morning and he says “are we still gonna meet each other?” And I said “mmm, yeah. Let’s do it.” And he says “oh? Well how come you changed your mind?” And I was trying to be really calm and collected, y’know, and I said “well you must be awfully interested in me” and I said “now I’m interested in you.” So he said “well, I’ll meet you someplace.” I said “you can’t right now because I’m on my way, uh, to a luncheon with my girlfriends.”

Dave Cawley: This was a lie, meant to buy time.

Heidi Posnien: John and the sheriff both said, y’know, “we got to have some time to set up to catch him.”

Dave Cawley: The caller suggested Saturday.

Heidi Posnien: And I said “no, I’ll be gone by then, I’m, I’m leaving for Europe.”

Dave Cawley: This was also a lie. Heidi said it would have to be Friday.

Heidi Posnien: And he says “alright, I’ll see you tomorrow.”

Dave Cawley: The man told Heidi where to go: east out of Huntsville following the South Fork of the Ogden River, to a campground called Meadows, just below a lake in the mountains called Causey Reservoir.

Heidi Posnien: He said “what are you going to be driving?” I said “probably the Jeep.” And he said “I want to see you at quarter to 10.” And I said “alright.”

Dave Cawley: Heidi Posnien had a date. This is Cold, season 3, episode 1: Everything Escalates. From KSL Podcasts, I’m Dave Cawley.

[Ad break]

Dave Cawley: Season one of this podcast told the story of Susan Powell, her marriage to Josh Powell and the abuse she suffered at the hands of her husband and father-in-law.

Susan Powell (from July 29, 2008 video recording): Uh, this is me. … Covering all my bases, making that sure if something happens to me or my family or all of us that our assets are documented.

Dave Cawley: We may never know all the details, but I feel safe in saying Susan died in an act of domestic violence. Her body has never been found.

Season two focused on the disappearance of Joyce Yost. A man Joyce had never met followed her home one night, abducted her and raped her. Joyce reported the crime to police.

Joyce Yost (from April 4, 1985 police interview): He grabbed me by the throat and he, uh, was forceful and told me if I screamed or said anything that, uh, he would tear my throat open.

Dave Cawley: Then, the man who’d raped her returned and killed her, to keep her from testifying. Her body has also never been found.

Two stories: one about domestic abuse in all its subtle, insidious forms; the other about sexual violence and the ways the criminal justice system often fails to protect survivors who report. Two crimes with very different motives, but the same result: women who were disappeared by men. This season, you’re going to see those two topics wind together as we examine a truly unsolved case: the disappearance of a woman named Sheree Warren.

This is where you should hear a clip of Sheree, except no recordings of her exist, as far as I know. I asked her family if they had any old home movies. They didn’t. No journals or letters, either. So this season, Sheree Warren’s voice will remain conspicuously absent. It’s the frustrating truth of so many missing persons cases. The victims, who we most want to hear from, are, by the very nature of what happened to them, unable to speak. Memories of them fade over time until even their closest friends can only provide impressions of the people they were.

Sheree was born at Hill Air Force Base, just south of Ogden Utah, in 1960. She was the second of four kids in her family. Her parents were Ed and Mary Sorensen. Ed served as a Master Sergeant in the Air Force. During the ‘60s, that job took him to Nellis Air Force Base in Las Vegas, Nevada and to Vietnam. He received a Bronze Star medal for meritorious conduct. Ed spent 20 years in the service. Then, in 1972, he became a civilian employee of the Air Force. He and his family settled in the town of Roy, just outside Utah’s Hill Air Force Base.

Sheree attended school in Roy. She was a bright student, continuously on the honor roll. Her name appeared in the local newspaper when she placed in science fair and foreign language competitions. Her strong work ethic probably came from watching her parents. When Sheree was in high school, her dad enrolled in college while still working full-time. Ed received an associates degree the same year Sheree graduated from high school.

Not to be outdone, Sheree’s mom, Mary, helped support the family by working at a drapery company. Sheree grew up as part of an industrious, honest family.

We’ll get back to Sheree in a bit. But for the moment, we need to turn our attention to Heidi Posnien, the woman who’d received that odd lingerie survey phone call.

(Sound of rain and windshield wipers)

Dave Cawley: Rain drizzled over the canyon of the South Fork of the Ogden River. It pattered on the canvas top of Heidi Posnien’s Jeep as she drove up Utah State Highway 39 on the morning of Friday, June 4th, 1971. She was on her way to meet the strange man who’d for weeks been calling her, demanding they go on a “date.” You can’t see it but I’m doing air quotes.

She turned right off the highway at the entrance to the Meadows Campground, crossed a short bridge over the river — barely more than a creek, really — and stopped next to a camper trailer on the far side. A pair of sheriff’s deputies dressed as fishermen stepped out to greet her.

Heidi Posnien: And I said “what should I do?” And he said “just pull across the street and then leave the Jeep parked like, this sideways.” You know what I mean?

Dave Cawley: As Heidi’s describing this to me, decades later, she’s using her hands to show the positions of her Jeep and the trailer, how the deputies told her to park next to them, but to reverse out after the caller arrived and passed by her position, to block him from getting back across the bridge to the road. She was the cheese on the mousetrap.

Heidi Posnien: And they said “make sure when he comes up, identify. Make sure that he’s the right person.”

Dave Cawley: Two miles down the canyon, back in the direction of Huntsville, her husband John Posnien waited at another campground called Magpie. The sheriff was with him, along with the deputy, Halvor Bailey. They all watched the highway as the clock ticked toward the time for Heidi’s “date” to arrive. A little after 10 a.m., a red and white, half-ton pickup truck passed Magpie going up the canyon toward Meadows. John Posnien saw a logo printed the truck’s door.

Heidi Posnien: And the dummy was driving his dad’s business truck. It said Hartmann Plumbing and when they drove past Magpie, John says he immediately knew who it was.

Dave Cawley: Hartmann Plumbing and Heating belonged to a man named Bill Hartmann. John knew Bill. They’d golfed together at the Ogden Golf and Country Club. Bill was also a fellow member of the Weber Club. The caller had told Heidi he’d seen her at the Weber Club. It clicked for John. He recognized the man at the wheel of the pickup as Bill Hartmann’s oldest son, Cary Hartmann.

The sheriff tried to radio the two undercover deputies who were with Heidi at Meadows, to let them know the caller would soon reach them. But the radio didn’t work in the narrow canyon. Heidi had no idea who the young man in the pickup truck was when he turned off the highway, drove across the bridge and stopped next to her Jeep.

Heidi Posnien: Because I’d never paid any attention to him before. I didn’t notice him before.

Dave Cawley: The young man rolled down his window. Heidi saw he had brown hair, green eyes and appeared clean-cut, like a cop or military man. Kind of forgettable.

Heidi Posnien: He says “hi.” I can’t remember exactly and, and then I said, what I said “why would you pick on an old lady like me?” And then he made some remark that I was sexy or pretty or something, y’know.

Dave Cawley: You’re not an old lady at this point though, right?

Heidi Posnien: No, gosh no. (Laughs) But I was way older than he was. I already had kids, y’know, teenagers. So yeah, I was an old lady. (Laughs)

Dave Cawley: Cary Hartmann was 22 to Heidi’s 36. He hadn’t experienced the ravages of the Second World War, as Heidi had, but like many young American men of his generation, Cary’d served overseas during the Vietnam War. I have a copy of Cary’s resume, from years later, in which he described being stationed at a fuel depot in the port city of Da Nang in ’69. Cary wrote in the Navy he’d become “very efficient in the handling of small arms” and explosives.

Heidi Posnien: And he kept looking at that trailer and was getting a little nervous and he said “I’m gonna just pull up there. Why don’t you follow me up there.”

Dave Cawley: By “up there,” Cary meant farther into the campground, behind a line of trees, out of sight of the road. He drove past her, up around a bend. Heidi put her Jeep in reverse, pulled out and blocked the narrow road, just as the deputies had instructed. She then leapt from the Jeep and rushed into the safety of their trailer.

The deputies told her to stay put, then went to stand next to the Jeep. Heidi poured herself a cup of coffee with shaking hands. She listened for the sound of the pickup. It returned after a few minutes. Heidi peeked out the window as the deputies pulled Cary out of the truck and placed him under arrest. They frisked him, finding a small knife in his pocket. Then they tried to call their backup down at the Magpie Campground, only to discover their radios didn’t work in the canyon, either. So, the deputies piled into Cary’s truck and drove it, and him, down the canyon to meet with the sheriff.

Heidi Posnien: I stayed awhile because I was all (exhales, laughs) nervous, I guess. (Laughs) I’d had my coffee and then I got in the Jeep and drove down and they were already gone, so.

Dave Cawley: Only later did Heidi learn from her husband John what’d happened when Cary had arrived in handcuffs at Magpie. John, she told me, had turned to the sheriff.

Heidi Posnien: He says “boy I’d sure like to smack him in the mouth.” And he says “well, we look the other way.” So, so they had him already out and John punched him. And he, he was embarrassed. He looked down and he says “I wish you had a gun and shoot me.”

Dave Cawley: Really?

Heidi Posnien: Yeah, he said that because he was embarrassed, he was ashamed.

Dave Cawley: John Posnien had punched Cary Hartmann in the face, while the sheriff and his deputies looked the other way. Needless to say, this wasn’t legal. The deputies had then taken Cary to the Weber County Jail in Ogden, where they’d booked him on suspicion of making threatening phone calls. A minor, misdemeanor charge that didn’t quite match the gravity of the whole situation. Cary provided a handwritten statement, admitting to what’d happened.

John Greene (as Cary Hartmann from June 4, 1971 written statement): I called the lady and said would you meet me at a time and place, if not some harm would come to your husband’s car and possibly him.

Dave Cawley: That’s not Cary’s voice, but they are his words, read by a voice actor. Even today, Heidi downplays the seriousness of what happened.

Heidi Posnien: Well, because he really hadn’t done anything, other than met me.

Dave Cawley: But I’m here to tell you, there was something much more ominous behind those phone calls. Something that makes Heidi’s mouth go dry and her hands fidget when she really stops to think about it.

Dave Cawley: What do you think his intentions were that day?

Heidi Posnien: (Deep breath) Probably try to put, make a pass at me. And that probably would’ve had to knock him on his butt. And I probably would’ve been able to but when he had a knife, then it wouldn’t have been too good.

Dave Cawley: Heidi told me her husband John went to confront Cary’s dad, Bill Hartmann, following Cary’s arrest. John knew right where to look.

Heidi Posnien: Yeah, at the golf course. Because he was on the golf course. And he didn’t even come right away off the, the father, he still finished his game.

Dave Cawley: Really?

Heidi Posnien: Yeah.

Dave Cawley: Huh.

Heidi Posnien: So he must have known things about his son already then.

Dave Cawley: Both John Posnien and Bill Hartmann are deceased, so I only have Heidi’s account of what she says John told her.

Heidi Posnien: John went there and said “hey, we need to talk to you about your son.” And he said to John “what the hell did he do now?”

Dave Cawley: John explained Cary’s lingerie survey phone call, how he’d pressured Heidi into a meeting by using threats, then showed up at the campground with a weapon.

Heidi Posnien: He said “well are you going to press charges?” and John told me, he said, uh, “well, if you get him some help, y’know, I know it’s your son. If you uh, get some help then I won’t press charges because, y’know, everybody deserves a break.”

Dave Cawley: Heidi and John thought Cary Hartmann was just a kid who’d made a dumb mistake. John’s fist had sent a message, they thought. They wanted to back that message up with a show of mercy.

Heidi Posnien: We didn’t know he was doing it with other people too, y’know? We had no idea.

Dave Cawley: Cary went to court a few days later. He had a lot going for him in the eyes of the judge: his parents were well-known in the community and were church-going people. Cary had no criminal history and was still in the Naval Reserve. And the judge could only sentence Cary for what he’d done, not what he might’ve done, had police not outsmarted him.

Heidi Posnien: What could’ve happened. That’s the part.

Dave Cawley: That is a dangerous situation.

Heidi Posnien: Exactly, exactly.

Dave Cawley: Cary received a slap on the wrist: six months probation. Heidi didn’t follow what happened to Cary after that. She moved on with her life.

Heidi Posnien: That doesn’t mean that I was not nervous and scared. I mean, it just, still right now my mouth is dry. So it still must be hanging on somehow.

Dave Cawley: A trauma that’s lingered for more than 50 years. This season isn’t about Heidi Posnien. As I said earlier, it’s about the disappearance of Sheree Warren. But there’s a reason we’re starting with Heidi instead of Sheree. It’s because Cary Hartmann — the man who tried to lure Heidi up that canyon — would years later meet, befriend and woo Sheree Warren. Cary Hartmann isn’t the only suspect in Sheree’s eventual disappearance. She had an estranged husband who’ll meet soon enough. But I want you to keep your eye on Cary, so you can see how he gained inside access to this unsolved cold case homicide investigation and steered it through its first days and weeks. Along the way, we’re going to see how Sheree Warren first crossed paths with Cary. Hold on, because from here, everything escalates.

Dave Cawley: Cary Hartmann spent the rest of 1971 on probation for making those threatening lingerie survey phone calls to Heidi Posnien. While on probation, Cary proposed to a young woman. Her parents announced the engagement in the newspaper. But that was premature. The wedding didn’t happen because Cary’s bride-to-be called it off.

Three weeks later, one of Cary’s friends set him up with another young woman. I’ll call her Claire. I’m not using her real name in order to protect her privacy. Cary and Claire dated for a year. Claire’s home life during that time was turbulent. She and her dad clashed, physically. It got so bad, Claire moved out of her parents’ home. She fell right into Cary’s waiting arms, moving in with him. Their relationship turned sexual and Cary proposed marriage soon after that.

Three months into the engagement, Cary kicked Claire out of the apartment. He’d changed his mind. He told her to leave the ring he’d given her. She refused. So, when she came back a few days later to get her stuff, Cary allegedly grabbed her by the arm, twisted it behind her back, wrenched the ring from her finger and tossed her to the ground.

Claire had grown up a Christian, and was taught sex before marriage was a sin. She’d violated those beliefs with Cary. So when he’d cast her off, she’d felt embarrassed and damaged. She would later tell a detective Cary’d told her no one would want her. Claire’d felt she couldn’t return to her parents. A friend invited her to start over by moving to California. So that’s what she did. No sooner had she left Ogden than Cary turned on the charm. Claire would later say Cary’d somehow found her phone number in San Francisco and started bombarding her with flowery calls and messages. He said he wanted her back. He told her to return Utah. She accepted his apologies and in the summer of 1973, Cary and Claire became man and wife. Claire would later tell police she’d married Cary out of “pure guilt,” because she’d gone against everything she’d been taught by living with a man out of wedlock. She’d believed the untruths Cary’d planted in her head: that no one else would want her.

Cary took Claire to Las Vegas for their honeymoon, but blew all their money gambling. A week later, Claire allegedly caught Cary in bed with another woman. Not long after that, Cary hosted a dinner party at their apartment. Claire didn’t know about the party until she arrived home from work. She later told an investigator she’d found her husband naked in the bathroom with some of his guests. Claire sometimes overheard her husband making phone calls. He’d say he was from some company doing a survey, then start asking the women he called about the types of underwear they liked. If the women remained on the line, Cary would turn the questions sexual. Claire claimed to have once been on the line when Cary’d dialed a 12-year-old girl and made explicit comments about his own body. The girl hung up on him.

Claire told Cary she wanted a divorce just 10 months into their marriage. He’d allegedly responded by leaping over a banister and smacking her in the face. Claire later told an investigator the blow landed with such force, it knocked out a tooth. Claire said Cary’d then dragged her to their bedroom and pulled a .357 magnum revolver from his dresser drawer, putting the gun to his own head. “I’m a bad person. I’m no good. I don’t deserve to live,” Claire later described Cary as saying. She said Cary’d forced her finger onto the trigger, telling her he’d make it so she would spend the rest of her life in prison for killing him. She’d begged him to stop, promising to help him, to talk out their problems. Cary, at last, relented.

A few days later, Claire had Cary served with a restraining order. She called Cary’s mom, Donna Hartmann, to tell her all her son had done. Donna reportedly replied “oh honey, I should’ve talked to you a long time ago.” The separation did not go smoothly. Claire went back to Cary at least once before realizing she needed a plan if she intended to escape. She had Cary served with divorce papers while he was at work. She then went to the police. Officers stood by as Claire kicked Cary out of their place. She told him if he ever returned, she would kill him.

Cary bounced around a bit for the next year. He bunked for awhile at the home a friend, a guy named Allen Fred John. Most everyone just called him “Fred Johns,” so that’s how I’ll refer to him, too. Fred had job working security for a vast cattle ranch called Deseret Land and Livestock.

Don Judd (from October 2, 1985 KSL TV archive): With 200,000 acres, Deseret Land and Livestock is the state’s largest ranch.

Dave Cawley: Deseret occupies a giant stretch of the mountains between Ogden, Utah and Evanston, Wyoming. It’s home to some of the best elk hunting ground in the western United States.

Don Judd (from October 2, 1985 KSL TV archive): Deseret’s solution has been to sell hunting permits, 127 this year, ranging in price from 200 to 5,000 dollars.

Dave Cawley: Fred’s job was to keep trespassers out of Deseret during the elk season, preserving the animals for the ranch’s paying clients. Cary Hartmann didn’t remain roommates with Fred Johns very long. Fred ended up having to kick Cary out of his house, after Cary propositioned Fred’s wife. Put a little mental bookmark here, because Fred Johns will play a major role later in our story.

In the summer of ’75, Cary met a woman named Becky. I’m not using her full name in order to protect her privacy. Cary took Becky out one time and the date didn’t go anywhere. Six months later, Becky received an unsolicited, obscene phone call. She thought the voice of the male caller sounded familiar and asked if he was Cary Hartmann. He said yes, and that the dirty phone call was only a prank. I don’t know how, but Cary segued that obscene phone call into another date with Becky. They met and he turned on the charm.

Cary and Becky began dating more seriously at the start of ’76 and were married by that September. They went to Las Vegas on their wedding night — just as Cary had with his first wife — but this time, Cary surprised his new bride by allegedly inviting a sex worker to their hotel room. Becky felt mortified to learn her new husband wanted to have a threesome on their honeymoon.

Becky would later describe multiple instances of physical abuse during her years with Cary. She told an investigator Cary would become so angry, he’d knock her unconscious. He’d always seem apologetic afterward, sending her flowers. She started seeing a psychologist, thinking something was wrong with her. It took time, but Becky came to realize the problem wasn’t with her, it was with her husband.

Cary Hartmann was was a plumber by trade.

John Greene (as Cary Hartmann from undated resume): I have fit stainless pipe, carbon steel pipe, plastic pipe. All pipefitting under strict OSHA standards.

Dave Cawley: That again comes from Cary’s own resume. He’d never finished college, but he possessed a quick mind and a capacity for meticulous tasks. His time in the Navy had provided valuable technical experience. He used that to land jobs at major construction sites around the Western U.S. during the ‘70s.

John Greene (as Cary Hartmann from undated resume): National Lead, 50 miles west of Salt Lake City. A high security extraction plant working with extremely caustic acids.

Dave Cawley: Becky gave birth to her first child with Cary, a boy, in 1977. In May of ’78, Cary moved with his wife and their one-year-old son to San Onofre, California. He’d landed a job with a company called Bechtel, which was contracted to expand the San Onofre Nuclear Generating Station. These jobs only ever lasted as long as the construction project, and Cary would return to Ogden after each one.

He and Becky had a second child, another boy, at the start of 1979. Becky convinced her husband to get vasectomy soon after, a fact that will prove critical later in our story. A few months later, Cary was on the road again to Oceanside, California, a city about 40 miles north of San Diego. Becky joined him in June of 1980, driving from Utah to Southern California with their two children. They were accompanied on that trip by a woman who was then engaged Cary’s younger brother, Jack Hartmann. Becky would later tell an investigator that on their second night in Oceanside, she walked in on Cary as he was sexually assaulting their soon-to-be-sister-in-law. Becky intervened, but no one told Cary’s brother Jack what Cary had done.

Becky said Cary got her drunk one night in California, then left their apartment for awhile and returned with a young marine from one of the nearby Navy bases. He allegedly told the marine to do whatever he wanted to Becky, who was impaired, unable to consent or resist. Becky would later say she’d broken down and cried when she’d realized what was happening. The Marine had apologized and left.

Cary, Becky and the kids returned to Utah a short time later. To outside world, Cary and Becky appeared like a happy couple. They attended a Fourth of July celebration together in the town of Huntsville, Utah, where Becky bumped into Heidi Posnien.

Heidi Posnien: I think she had both kids. She had one in a stroller and one walking alongside of her.

Dave Cawley: Heidi knew Becky, because Becky was friends with Heidi’s daughter.

Heidi Posnien: And she was with her mom and with Cary.

Dave Cawley: But Heidi hadn’t seen Cary in years, since he’d tried to lure her up the canyon for that “date.”

Heidi Posnien: And she said “I want you to meet my husband.” And I thought “oh God.”

Dave Cawley: Heidi bit her tongue.

Heidi Posnien: By that time I really didn’t care to talk about it that much anyway. Y’know, it was done with.

Dave Cawley: She didn’t tell Becky what Cary had done to her.

Heidi Posnien: And y’know, then I felt like if I had told her she wouldn’t have believed it.

Dave Cawley: The story of Heidi’s encounter with Cary started with a lingerie survey phone call. Becky’s relationship and eventual marriage to Cary had also started with a similar call. I can’t help but wonder what might’ve happened had Heidi and Becky been able speak candidly when they’d met at this 4th of July celebration. They did end up having that conversation, but not until years later.

Heidi Posnien: I said “didn’t you know that he was doing all these things on the phone?” She says “yes, he would lock himself in another room or bathroom or someplace and making phone calls.” But she says “I didn’t quite know who he was calling or who he was talking to.”

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Dave Cawley: Cary Hartmann and his second wife, Becky, settled back into life in Ogden during the summer of 1980, after moving back to Utah from California. Cary began to flirt with the idea of a career change. He thought about becoming a cop, an interest he shared with one of his friends, a guy named Dave Moore.

Dave Moore: Played handball together and uh, went fishing together. Went hunting a couple of times. But mainly it was double-dates.

Dave Cawley: Dave had first met Cary years earlier, through Becky. She’d worked with Dave’s wife.

Dave Moore: She was dating Cary at the time when we went out and that’s how I met him.

Dave Cawley: Dave and Cary hit it off.

Dave Moore: Oh, he was a class act. I really liked him. Extremely nice to Becky and, yeah, they got along really good.

Dave Cawley: Dave’s family had deep roots in Ogden. His grandfather started a sewing machine repair shop there in ’47, just after the Second World War. The business had passed down to Dave’s dad, then to Dave and his brother. They still own it today. Dave was also friends with many in the ranks of the Ogden Police Department.

Dave Moore: My uncle is Don Moore and at the time he was a sergeant and a detective.

Dave Cawley: Dave was on a first-name basis with the captain over the Ogden police detective division, an officer named Marlin Balls.

Dave Moore: Marlin and Don and I, we would hunt, deer hunt together every year.

Dave Cawley: Their favorite place to go was a mountain between two reservoirs: Causey and Lost Creek.

Dave Moore: You paid to get in this Guildersleeve Canyon is what it was called. So yeah, we hunted up there for probably 12, 15 years. Just good times. We would take a 50-gallon barrel of gas and go up the week before and set up and stay for the whole 10 days, for the whole hunt.

Dave Cawley: Dave told me Cary Hartmann came along on a couple of these hunts.

Dave Moore: He hunted up there one, maybe two years. Uh, we took our kids up when they were fairly small so it was basically road hunting.

Dave Cawley: On those outings, Cary’d rubbed shoulders around the campfire with Dave’s friends in the Ogden Police Department. And Cary realized he wanted to be one of them. Cary Hartmann and his friend Dave Moore both filled out an applications to join the reserve corps of the Ogden City Police Department during the summer of 1980.  Reserve officers weren’t paid.

Dave Moore: You basically volunteered your time. They gave you a uniform allowance which basically cleaned your uniform.

Dave Cawley: Reserve officers could only act as cops when called upon by the chief. That mostly meant doing menial work like traffic control during parades and rodeos. Reserves worked under the direct supervision of full-time officers. Serving in the reserve could just be an expression of civic pride. But more often, it acted as a first step toward landing a paying job as an actual officer. The application for the Ogden police reserve included a questionnaire. One of the questions read “why are you applying for this position?” Cary wrote:

John Greene (as Cary Hartmann from July 31, 1980 Ogden police reserve application): Because I want to learn police policies and most of all to try and help all the people that suffer from the bad guys.

Dave Cawley: He ran out of room, so Cary turned the page over and continued.

John Greene (as Cary Hartmann from July 31, 1980 Ogden police reserve application): I’ve always wanted to be a policeman. Maybe I can help right a few wrongs, including some of my teen years.

Dave Cawley: He didn’t bother to say what those “wrongs” were. The form asked about hobbies. Cary listed his as “hunting, handball and guns.”

Dave Cawley (to Dave Moore): How was Cary at handball?

Dave Moore: He, about like me. We were crummy. (Laughs)

Dave Cawley: Another line on the form asked “have you ever been questioned by police, arrested, charged, tried or convicted of any crime?” Cary checked “yes.” He didn’t describe the offense — his harassing calls to Heidi Posnien — only noting it’d happened 10 years earlier.

He admitted to having had his drivers license suspended. In fact, he’d been driving on a suspended license the day he’d gone to meet Heidi in the canyon. He admitted to having been fired from a job, to having stolen property from an employer, to having outstanding debts, to having once smoked marijuana. None of that, apparently, proved disqualifying.

Ogden police contacted Cary’s references, which included his father, uncles and a friend’s dad. They put Cary through a polygraph examination which revealed no indications of deception. Cary sat for interviews with some of the department brass. He received mostly middle-of-the-road scores from the interviewers. The few negative marks highlighted a “tendency to react impulsively or erratically,” and a need for “training in stress situations.”

It’s not clear to me how deeply Ogden police looked into Cary’s criminal history. What I do know, is on November 6th, 1980, the chief sent Cary a letter welcoming him to the ranks. After he completed 30 hours of training, Cary Hartmann would become a reserve officer. The chief also accepted Dave Moore into the reserve at the same time.

Dave Cawley: Did you enjoy it?

Dave Moore: Yeah, I did. Yeah. There was no set schedule. You just went down when you felt like it.

Dave Cawley: Cary finished his training by the end of December. Ogden police issued him a badge, a utility belt, a set of handcuffs and a Colt Trooper revolver, all of which he started wearing beginning in January of ’81. It was hardly Cary’s only gun. He already owned a .357 magnum revolver, a .38 Detective Special, a deer hunting rifle and shotgun.

But all was not well in Cary’s life. That summer Becky filed for divorce. She’d secretly made a recording of Cary making one of his lingerie survey phone calls, by hiding a tape recorder under their mattress. Becky gave that tape to her attorney, to hold as leverage in case Cary tried anything. She then kicked Cary out of the house. Their divorce finalized by the end of ’81. Becky ended up with custody of their two sons. Cary Hartmann was once again single.

Dave Cawley (to Dave Moore): Did Cary date a lot of people in the time you knew him?

Dave Moore: Quite a few, yeah.

Dave Cawley: Yeah. I’ve heard that he was pretty social.

Dave Moore: Yeah.

Dave Cawley: But unlike in the past, Dave told me he and his wife didn’t double-date with Cary anymore.

Dave Moore: My wife would always call him ‘the devil in disguise’ with me. So… (Laughs)

Dave Cawley: Why so? Wow, that’s—

Dave Moore: Oh just, drinking buddies and… (Pause)

Dave Cawley: …and because Dave’s wife was friends with Cary’s now-ex-wife Becky, and had heard about how Cary had treated her. I asked Dave if he’d worked directly with Cary when they were both in the police reserve corps.

Dave Moore: Not really. They pretty much put us with a regular patrol officer.

Dave Cawley: But while Dave and Cary didn’t serve shoulder-to-shoulder, it was clear Cary took to the reserve role with vigor. He forged his own friendships with many of the Ogden officers.  A police report would later note Cary “rode with officers more than an average amount of hours … and was extremely interested in police work.” He underwent additional training in special weapons and tactics — SWAT — and learned about investigative techniques. Cary himself described his time in the reserve like this:

John Greene (as Cary Hartmann from July 31, 1980 Ogden police reserve application): Acted as back-up for partners in all types of situations, from traffic details to crowd control.

Dave Cawley: And Ogden did deal with some major crowds during Cary’s time in the reserve, most notably when President Ronald Reagan visited a state GOP picnic on September 10th, 1982 in the Ogden suburb of Hooper.

Ronald Reagan (from September 10, 1982 archive recording): It’s good to be in Hooper. (Cheers) … You know, this is almost as big a crowd as an Osmond family reunion. (Laughs)

Dave Cawley: These clips are courtesy the Ronald Reagan Presidential Library.

Ronald Reagan (from September 10, 1982 archive recording): Now, just out in back here, before I came up, I was made a member of the Weber County Sheriff’s mounted posse. I’m greatly honored. I’m also relieved, because when they rode up I thought maybe I’d done something wrong and was going to get put in the slammer.

Dave Cawley: An Ogden officer filed a parking citation for the presidential limo. The ticket was issued to a “Ronnie Reagan” with an address on Pennsylvania Avenue in Washington D.C. I’ve heard from a few people the officer responsible was a guy named Chris Zimmerman.

Dave Cawley: President Reagan was in town and somebody put a ticket—

Dave Moore: (Laughs) It was—

Dave Cawley: —and I heard it was—

Dave Moore: —and he got—

Dave Cawley: —Chris Zimmerman.

Dave Moore: —he got chewed out pretty good for it. But everyone else thought it was funny. Including Reagan.

Dave Cawley: (Laughs)

Dave Moore: Reagan got a kick out of it.

Dave Cawley: Cary Hartmann wasn’t involved in the prank, as far as I know, but did soon find himself in his own sort of trouble with the chief. A deputy picked him up on a warrant for failure to appear in court in January of ’83. The booking record doesn’t say why he was supposed to be in court, but he paid a fine and was quickly released. Several months later, in May, Ogden police brass called Cary in for a meeting. They asked him to resign. The reason? They’d learned he’d taken a plumbing job in the city of Evanston, just over the state border in Wyoming. They said he couldn’t continue as a reserve while working in another state. This probably wasn’t the real reason, but it would allow Cary to save face. He turned in his gear. His dream of becoming a real police officer was over.

Pam Volk: He was working on the air conditioner or something at America First [Credit Union].

Dave Cawley: In the fall of ’83, a young woman named Pam Volk headed for the break room at the credit union where she worked. She passed by the open door of a utility room and saw a man she didn’t know. He said hello. She said hello back. Pam bumped into the man again, a few times, in the days that followed.

Pam Volk: And he would just, y’know, kind of stop me and say hi and talk to me a little bit and, umm, we became friends.

Dave Cawley: If you’re hearing a bit of hesitation in Pam’s voice, it’s probably because of who this man was.

Dave Cawley (to Pam Volk): Cary Hartmann.

Pam Volk: Mmm.

Dave Cawley: Yeah.

Dave Cawley: Pam was in her early 20s. Cary was 35 and working odd jobs as plumber and HVAC technician.

Pam Volk: He seemed like a really nice guy. He was very, umm, I guess he was pretty masculine.

Dave Cawley: Pam and Cary’s hallway encounters soon blossomed into a relationship. They began seeing each other outside of work.

Dave Cawley (to Pam Volk): Were you aware at the time of some of his extra-curricular activities?

Pam Volk: Not at all. Otherwise I would not have been with him whatsoever.

Dave Cawley: Pam would sometimes share tidbits about her time with Cary with a coworker, another young credit union employee named Sheree Warren. Sheree, as I mentioned earlier, is the focus of our story in this season of Cold. Pam and Sheree had first become friends after meeting through their work.

Pam Volk: I think we were both loan officers so we worked on the loan side. Umm, so we kind of hung out a lot talking about the loans that we were doing and helping each other and things like that.

Dave Cawley: They were, in Pam’s words, kindred spirits.

Pam Volk: We had fun. Like I said, we just, we’d like to go shopping and stuff. She loved clothes, so did I. I mean, y’know, I’m a girl, of course I love clothes.

Dave Cawley: Cary had even chatted up Sheree once or twice, while working on the credit union’s air conditioner.

Pam Volk: He’s unfortunately pretty personable.

Dave Cawley: But it hadn’t gone anywhere with Sheree, at least not right then. Sheree’s personal life was, at the time, complicated. She’d married a man named Charles Warren in February of ’81, just days after her 21st birthday. Charles, or Chuck as he was better known, was 11 years older than Sheree. Chuck had taken Sheree to Las Vegas for their honeymoon.

Sheree and her new husband butted heads from the start. She and Chuck separated after just eight months of marriage. But while apart, Sheree’d learned she was pregnant. I don’t know what went through Sheree’s mind when she came to that realization. But I do know the pregnancy brought Sheree and Chuck back together, for a time. They had a son together in May of ’82, a boy they named Adam.

Pam Volk: Y’know, she just, she loved him so much.

Dave Cawley: This was around the same time Pam and Sheree first met. Sheree told Pam she felt torn.

Pam Volk: She was thinking about leaving and, y’know, a few things like that so she kind of talked to me about that a little bit.

Dave Cawley: Chuck worked for the Southern Pacific Railroad as a yard clerk. He made good money, but spent a lot of it buying and selling cars on the side. This’d frustrated Sheree, who was left trying to provide for herself and her son out of her own paycheck. Pam told me she didn’t see much of Chuck Warren during the time she spent with Sheree in the early ‘80s. Only one instance stuck out in her memory.

Pam Volk: We went to leave one day and her car had been stolen. She had a Toyota Celica, like a really nice one, and it had been stolen out of the parking lot. So I waited with her until Chuck came to pick her up. It was so weird, it was like, I mean out of a parking lot, y’know, that’s probably pretty busy.

Dave Cawley: Sheree and Chuck Warren were still married in ’83, when Pam first met Cary Hartmann at the credit union where she and Sheree worked. Pam told me her brief relationship with Cary soon fizzled.

Pam Volk: I don’t remember why we quit seeing each other. It was just, y’know, it just really wasn’t right.

Dave Cawley: Cary was going through a rough patch. He was behind on child support and owed money around town. In February of ’84, he wrote this in his journal:

John Greene (as Cary Hartmann from February 15, 1984 daily journal): Bills are due. Things are really tight. I don’t know if I can survive.

Dave Cawley: Two days later, Cary’s own dad fired him from a plumbing job.

John Greene (as Cary Hartmann from February 17, 1984 daily journal): My whole world came crashing down on me today. I feel extreme, deep depression.

Dave Cawley: But deliverance was coming for Cary. A couple of months later he at last landed a job with the prospect of permanence: he hired on at Weber State College in Ogden to run the giant steam boilers that provided heat for all the buildings around campus. Working at Weber State put Cary Hartmann in contact with a cornucopia of co-eds. But it was an older woman, a staff member at the college, who caught his eye at the start of the ’84 fall semester. Her name was Jan.

Jan worked as a secretary in the college’s sociology department. She drove a Corvette. One day that September, she walked out to her car and found a note tucked under the windshield wiper. It said she had nice legs. Jan started receiving phone calls soon after from a man who described himself as her “secret admirer.” Jan was 46 at the time and a widow — her husband had died a few years prior — and the attention, frankly, flattered her.

The caller soon revealed himself to be Cary Hartmann, a man 10 years her junior. They began dating and Jan discovered her new boyfriend’s moods were unpredictable. Two weeks into their relationship, Cary reportedly told Jan a story about how he was being dragged to court by a plumbing supplier over an outstanding debt. She took pity and agreed to loan him $1,600. Only days later, Cary hit Jan up for another $1,600, saying he needed the money to put toward a four-wheel-drive pickup truck. He needed a truck with good tires, he said, to attend the wedding of a guy named Brent Morgan.

Brent Morgan: Well, he was a very good friend of mine.

Dave Cawley: Their parents had been friends going back to 1930s.

Brent Morgan: I’ve known him ever since, I mean if you go back to “who can you remember as your first friend” or your second friend or your third friend, that’s the way he would be.

Dave Cawley: Brent owned his own business, called Aspen Taxidermy.

Brent Morgan: That’s correct. I started in 1968. In fact my license is right here.

Dave Cawley: In ’79, Brent had purchased a lot in a new cabin subdivision just south of Causey Reservoir, a short distance from the Meadows Campground where Cary’d tried to meet Heidi Posnien years earlier. The place was called Causey Estates, and it’s going to play a major part in our story this season. For now, all you need to know about it is the cabins of Causey Estates were tucked into an isolated canyon called Skull Crack.

Brent Morgan: I mean, when we were building the cabin, I could spend a month and maybe not even hear anybody up close. They might be going up the top of Skull Crack but as far as over where I’m at, very few people.

Dave Cawley: There’s a place at the top of Skull Crack Canyon called Box Spring.

Brent Morgan: Yes, that’s correct. Right on the very top in the pines.

Dave Cawley: Brent chose to tie the knot at Box Spring on October 7th, 1984. He invited about 50 of his closest friends and family to attend the wedding, Cary Hartmann among them.

Brent Morgan: And I’ll tell you it is a great view when you’re right up there on Righthand Fork and you’re looking out and nobody’s up there.

Dave Cawley: That’s because getting to Box Spring isn’t easy. Brent’s guests had to be waved through the gate at the entrance to Causey Estates, then bump their way up the dirt road to the top of the mountain.

Brent Morgan: I told everybody. I says “when you come, you’d better allow an hour to get up there. If you don’t allow an hour, you’re going to miss it.” Well, the gentleman that married me didn’t pay attention. He was 15 minutes late. (Laughs) ‘Cause he didn’t believe that it’d take an hour.

Dave Cawley: This is why Cary had told his girlfriend Jan he’d needed her money: to pay for a truck capable of getting up the mountain to Brent’s wedding. He ended up with a yellow, 1972 Chevy. It wasn’t what I’d call a pretty truck, the color landing somewhere between gold and mustard. But Cary spent a little extra on custom wheels and a noisy exhaust to make the truck his own. Brent told me he remembered the rumor going around back then was Cary was just using Jan for her money. But any time Cary’s friends tried to set him straight, he waved them off.

Brent Morgan: He says “you know I was gone for awhile.” I goes “yeah.” He says “I was in Vietnam. Well being in Vietnam, it did this and this and this to me.” He used that kind of as a crutch or an excuse.

Dave Cawley: Brent knew of Cary’s arrest in ’71. He also knew it’d resulted in no jail time.

Brent Morgan: There’s one thing I can tell you about Cary. He had two dispositions, or two people. Dr. Jekyll, Mr. Hyde. He could be the nicest guy you ever wanted to meet and he’d do anything for you. But he also had that sinister side. So there was both sides to him.

Dave Cawley: How did you see the sinister side come out?

Brent Morgan: Well, it just, I mean it didn’t happen very often but it was, it was just, it wasn’t this nice guy and he just point-blank, and it’s like he had two personalities and if the bad guy did something, it’s like the good guy didn’t know it was happening.

Dave Cawley: Brent’s wedding on the mountain coincided with the opening weekend of the elk hunt in 1984. Many of his guests were elk hunters who’d had to make a difficult choice when asked to save the date.

Brent Morgan: But my good friends gave up their hunting to come and spend the day with me.

Dave Cawley: But this hadn’t been a conundrum for Cary.

Dave Cawley: Did you ever know Cary to be an elk hunter?

Brent Morgan: Not really, not really. I know he had a, a rifle ‘cause he hocked it. And he came to me and wanted me to loan him the money so he could get it out of hock.

Dave Cawley: Brent gave me a copy of a photo from his wedding. It shows Cary and his girlfriend Jan among the pines at Box Spring. Cary’s wearing a black shirt, brown pants, a leather belt stamped with his own name and an ivory-colored cowboy hat. After Christmas that year, Jan paid for the two of them to take a cruise to Mexico. She spent $2,500 on the vacation. Cary didn’t cover any of it. I don’t know what happened on that trip — Jan’s no longer alive, so I can’t ask her — but I know it broke her and I don’t mean financially. She wrote Cary letter in January of ’85, telling him they were through. She felt he’d used her. She’d made a mistake. She never wanted to see him again.

Jan would later tell a detective Cary’d showed up in her office on the Weber State campus a week later, acting like nothing was wrong. They’d stepped out into the hallway to talk. That’s when she said Cary grabbed her from behind and dragged her into a closet. She told him no. But he didn’t listen. Then, Cary allegedly forced himself on Jan, as she fought back. Jan didn’t report the assault, at least not right then. Years later, she would tell police she’d feared no one would believe her, since she and Cary had been dating. She’d felt too embarrassed, shamed and humiliated.

[Ad break]

Dave Cawley: Cary Hartmann’s ex-girlfriend from the credit union, Pam Volk and her friend, Sheree Warren, had taken a vacation of their own to Hawaii around the same time as Jan and Cary’s Mexico cruise at the start of ’85.

Pam Volk: We went to both Maui and then we started on Oahu and then we went over to Maui.. At the time I was a drinker. We went to different bars every night and We went to a luau one night. But for the most part we pretty much just, like, laid on the beach and, y’know, watched people.

Dave Cawley: They spent a full two weeks on the islands. Sheree had the time to burn, because she’d just quit her position at the credit union where she’d worked with Pam. When she got back from vacation, Sheree was going to start a new position with a different credit union at a branch right next to the Weber State College campus.

Pam Volk: She was really really excited because I think she was going to like a manager training program. And that’s why she went up to that credit union is for the upward mobility. So I got the impression that she was pretty excited for that.

Dave Cawley: Pam and Sheree grew even closer as they spent time together in Hawaii.

Pam Volk: Yeah, we did. We had a lot in common. She, umm, I think she was still married to Chuck at the time.

Dave Cawley: Sheree hadn’t invited her husband Chuck Warren on this tropical getaway. Sheree and Chuck weren’t seeing much of each other by this point in ’85. They’d more or less separated again, still living in the same house but hardly talking to one another. But they’d made a deal: Chuck would watch their son while Sheree was on vacation, then she’d do the same for him when he took his own time off later that summer.

Pam Volk: It was really hard for her to leave her little boy, Adam.

Dave Cawley: Sheree’s son is a grown man now. I’ve had an opportunity to talk to him, and he doesn’t remember much about his mom. He’s also not interested in being in the spotlight, so you won’t hear from him in this podcast. Sheree’s siblings weren’t privy to a lot of her personal life during this time, either. Chuck Warren would later say he and Sheree had started seeing other people, but had agreed not to talk about it. So, Sheree Warren began to explore her independence. She’d been raised as a Latter-day Saint, by parents who placed great importance on their faith. Latter-day Saints are taught to abstain from alcohol. Sheree sought to define her own boundaries while in Hawaii.

Pam Volk: We’d gone to this bar and we got way too drunk. Umm not, we weren’t driving though so we were just walking and whatnot and then the next morning we woke up and it was probably about 10 or 10:30 and we’re like ‘we gotta get some food in us.’ So we walked to this cafe that had full breakfasts and we ate and Sheree promptly threw hers up because she just still had too much alcohol still in her stomach (laughs) and we decided this was not the day to go out and lay in the sun.

Dave Cawley: Do you know if that caused any friction with she and her family that she was drinking and things or did she try to keep it quiet or anything like that?

Pam Volk: I think she kind of kept that on the down low. She didn’t, y’know, advertise it or anything. Umm, but I, y’know I think her parents were pretty, pretty understanding.

Dave Cawley: Sheree was going to need her family’s support. She confided to Pam she intended to divorce her husband, Chuck Warren, soon after they returned to the mainland.

Pam Volk: And I don’t remember specifics. I just know that she wasn’t really very happy.

Dave Cawley: Sheree had Chuck served with divorce papers in May of ’85. She packed her things and left the house they’d shared.

Pam Volk: She’d moved into an apartment in Christoper Village and I’d go up and we’d hang out at her apartment and, and talk and stuff like that.

Dave Cawley: Something happened at the apartment not long after she filed for divorce. I’m not clear on what it was, I’m not sure if she even told her friends or family, but something spooked Sheree so bad she abandoned her lease and moved in with a cousin. She tried to find another apartment, but by the summer of ’85 was forced to move back in with her parents. Somewhere in the middle of all this, Sheree once again bumped into Cary Hartmann. They remembered having met before, when Cary was doing the HVAC work at the credit union where Pam and Sheree had worked in ’83. Sheree knew Cary and Pam had dated.

Pam Volk: And I had moved on and stuff and then he started dating Sheree.

Dave Cawley: But Sheree was still technically married.

Dave Cawley (to Pam Volk): Would it be safe to assume that she probably wasn’t, like, seriously dating him?

Pam Volk: Umm, yeah. I think that would be safe to assume that it wasn’t a serious thing. It was more just of a, kind of a fling, I guess.

Dave Cawley: A summer fling, with a man she knew very, very little about. A few months later, Sheree Warren would vanish.

Pam Volk: October 2nd is the date of her disappearance and I’ll never forget that. Ever.

Dave Cawley: Not many people would think to look closely at the man she’d dated only briefly: Cary Hartmann. He appeared, at least outwardly, as an upstanding citizen. A veteran. A volunteer policeman. A blue-collar tradesman with a strong work ethic. Suspicion fell more readily on Sheree’s estranged husband, Chuck Warren, and for good reason. Chuck had skeletons of his own.

Pam Volk: I just thought, y’know, “I wonder if he, like, drove her across the desert?” I don’t, y’know, I hated my mind to go to places like that. But, umm, yeah. I kind of thought that he might have done something.

Dave Cawley: Police would come to learn Chuck Warren had a nickname, “Tire Iron Chuck,” rising from a brutal act of domestic violence in his past.

Pam Volk: I don’t know if I heard it from her or if I heard it as kind of just talk, but my understanding is that he came to the branch and he told her “if I can’t have you, nobody’s going to.” And that was shortly before she disappeared.

Cold season 3, episode 2: Go Ask Alice – Full episode transcript

Dave Cawley: Sheree Warren had made some major changes in her life. In the spring of 1985 — at 25 years old — she’d filed for divorce from her husband, Charles Warren. Sheree had also quit her job and accepted a new, full-time gig with the Utah State Employees Credit Union.

Pam Volk: And now she was going to learn about a new credit union and get the opportunity to be in a management position. So she was really excited to be doing that.

Dave Cawley: That’s Sheree’s friend and former coworker, Pam Volk. We met her in the last episode.

Pam Volk: I think we just, I don’t know I guess we were just kind of kindred spirits.

Dave Cawley: Pam and Sheree had met while working at a different credit union a couple of years before. They’d both been married then, but by ’85, were back in the dating game. Sheree’d discovered she had no shortage of suitors.

Pam Volk: Yeah for sure, I mean y’know, young single guys come into the credit union all the time and, y’know, they would strike up a conversation with her and she’s very personable.

Dave Cawley: And pretty.

Pam Volk: She was taller than me, so probably about five-seven, very slim, dark hair, that she wore kind of curled back.

Dave Cawley: Sheree’s driver’s license listed her as 5-foot-5 and 115 pounds, with hazel eyes. I have a picture of Sheree from the summer of ’85. She sits against a black backdrop, wearing a bright red, scoop-neck blouse adorned with frills.

Pam Volk: She had very big eyes a beautiful smile.

Dave Cawley: In the picture, Sheree’s open-mouth smile reveals a chipped front tooth, one of those little imperfections that gives a person character.

Pam Volk: But she was, she was very attractive.

Dave Cawley: Sheree didn’t have a ton of free time for dating, between work and parenting. She had a three-year-old son, Adam, and caring for him was her top priority.

Pam Volk: That’s why when she disappeared it was like there’s, y’know, like they say about every mom, she wouldn’t leave her child. And she wouldn’t have. She wouldn’t have left Adam.

Dave Cawley: So, Pam and Sheree weren’t able to socialize quite as much together during that summer of ’85.

Pam Volk: We would sometimes go out out for drinks. We’d go shopping, we’d go to movies, umm, stuff like that when she didn’t have Adam, when Chuck had Adam.

Dave Cawley: Sheree and her estranged husband Charles Warren, or Chuck, were sharing custody. Pam told me Sheree hadn’t been one to trash talk her soon-to-be ex-husband, or anyone else, for that matter.

Pam Volk: And y’know, working with the public there’s a lot of mean things you can say about people. But I don’t remember her ever saying anything really mean about anybody. She was, overall she was just a really nice, kind, good person.

Dave Cawley: That’s not to say Sheree was a pushover. Her family and friends have told me she rarely backed down from a fight.

Pam Volk: She wasn’t a saint, but she was, she was awesome.

Dave Cawley: Sheree’s divorce had stalled by September of ’85. She and Chuck were at odds over child support. Sheree’s attorney was insisting Chuck pay more. Chuck worked as a clerk for the Southern Pacific Railroad in Ogden, Utah, on the graveyard shift. He often took their son, Adam during the day. Sheree would then pick Adam up after she finished her job in the afternoon and keep him overnight.

In the morning, Sheree would meet Chuck at a Denny’s restaurant near the I-15 freeway in Roy. He’d just be getting off his overnight shift. They’d chat over coffee, then Chuck would take their son for the day while Sheree went to work. And that’s how it went on the morning of of Wednesday, October 2nd, 1985. Sheree pulled her car into the parking lot of that Denny’s a bit before 8.

Sheree and Chuck swapped custody. She said goodbye to her son, but before she could leave, Chuck asked her for a favor: he’d arranged to drop off his car for maintenance at a Toyota dealership 40 miles south in Salt Lake City, just a few blocks from the credit union office where Sheree was temporarily stationed for work. He asked if she’d be so kind as to pick him up at the dealership later that afternoon and give him a ride back home to Ogden. Sheree agreed. She and Chuck then parted ways. And Chuck Warren never saw his wife again. Or so he said.

This is Cold, season 3, episode 2: Go Ask Alice From KSL Podcasts, I’m Dave Cawley

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Dave Cawley: Sheree Warren arrived at the headquarters of the Utah Employees Credit Union in Salt Lake City on the morning of Wednesday, October 2nd, 1985.  The office sat on the fringe of Salt Lake’s downtown business district, in a three-story building with attached two-level parking garage. Sheree pulled her maroon Toyota Corolla into a stall on the garage’s lower level and walked inside. It was her third day at the central office and her second day training a man named Richard Moss.

Richard Moss: This was her first experience training. She did know her stuff.

Dave Cawley: Richard lived in Richfield, a remote, rural town a few hours drive from Salt Lake in south-central Utah. He’d just hired on to run the credit union’s new branch there.

Richard Moss: We didn’t have computers back then. We had a mimeograph machine, y’know, a photo copy machine with mimeographs. (Laughs)

Dave Cawley: Sheree’s task was to bring Richard up to speed on the credit union’s state-of-the-art central computer system.

Richard Moss: And I’m not a very computer-literate person. Seems like you just get it down and then they get in and change it.

Dave Cawley: Richard had taken a roundabout path to the job of credit union manager. He’d spent a few years working for a bank in Salt Lake straight of college, in the mid-‘60s, but soon found himself lured back home to Richfield by his father. Richard’s dad was a cattleman who ran a large livestock auction. And he’d convinced his son to open a meatpacking plant.

Richard Moss: I came back here with the idea that I would build up the business. It was mostly custom processing.

Dave Cawley: But Richard soon realized meatpacking wasn’t his passion. By the early ‘80s, Richard found his way back to banking, taking a job with a private finance firm.

Richard Moss: When I went to work for Mortensen Finance, they didn’t have any computers.

Dave Cawley: The job didn’t provide health insurance or a pension. Richard had a wife and family to consider, so when opportunity knocked again, he answered.

Richard Moss: In 1985, the credit union put a wanted ad in the paper. They wanted to open an office and so I interviewed for the manager’s job and they hired me.

Dave Cawley: Richard needed a crash course on computer banking. So the credit union put him a training program with their new specialist, Sheree Warren, starting on Tuesday, October 1st.

Richard Moss: She came from the Ogden branch. Was gonna spend, uh, two or three weeks there in Salt Lake training me as I recall.

Dave Cawley: Sheree was quite a bit younger than Richard, but had nearly as much experience in the banking industry. She started the training by having Richard enter numbers into a computer, over and over again.

Richard Moss: They gave us a stack of uh, deposits, checks. And we were entering those into the computer for each of the members’ accounts.

Dave Cawley: They didn’t chat much at first, because this work demanded concentration. But as time went on, Sheree began to open up to Richard.

Richard Moss: During those two days, she told me some things.

Dave Cawley: Sheree shared about her home life. She told Richard she had a three-year-old son, was divorcing her husband, and was temporarily living at home with her parents who often watched her little boy during the day. On their second day together — Wednesday, October 2nd —  she’d stepped away at one point to call her mom, Mary Sorensen. Sheree later told Richard she was relieved because her mom told her a check she’d been waiting for had arrived in the mail. It was a refund for a deposit she’d made on an apartment, before deciding not to move in.

Richard invited Sheree to lunch with him at a restaurant called The Training Table that day. Over burgers and fries, she opened up even more about her personal life. Sheree told Richard her husband Chuck Warren liked to buy and sell cars as a side hustle. She said he’d gone through about 15 cars in just the handful of years they’d been married, leaving her frustrated over the financial mess.

Richard Moss: And her husband, 35 years old about, acts like a 19-year-old, gone through a lot of automobiles in the five years of marriage and I don’t even know what he did.

Dave Cawley: Even worse, Sheree related a story about how a few weeks earlier, Chuck had allegedly come into the Ogden branch where she was then working and made threatening comments over some sort of dispute related to their un-finalized divorce. Sheree told Richard she’d started seeing someone else while separated from Chuck that summer. This other guy worked for Weber State College and had two boys of his own.

Richard Moss: When she said she was seeing another guy, that startled me a little. Surprised me, I guess. Uh—

Dave Cawley (to Richard Moss): Why, why so?

Richard Moss: Uh well, because from my conversations, from my being with her, that just seemed like a little strange for her.

Dave Cawley: Richard’s surprise might have something to do with religion. He and Sheree were both members of The Church of Jesus Christ of Latter-day Saints, otherwise known as Mormons. Marriage is a big deal for Latter-day Saints and there’s a lot of social pressure surrounding it, especially on women regarding traditional gender roles. Fully unpacking this dynamic would take far more time than we have. It’s enough to know Sheree’s candor showed she wasn’t afraid to be her true self, even if it ruffled Richard’s feathers.

Richard Moss: Everything I did with her was very professional. And the conversations were very free-going, I guess.

Dave Cawley: Mostly though, they just focused on business. They plowed through piles of deposit slips, typed in account numbers and double-checked the computer’s math.

Richard Moss: Work closed at 5:45 and you balanced and cleared up or, cleared up and, and then left by 6.

Dave Cawley: They ran into a problem on that Wednesday afternoon though. They couldn’t balance out because they had a check worth about $400 with no home. Sheree went down to the collections department to sort it out. The delay meant she and Richard didn’t wrap up until later than expected, around 6:25 p.m. The rest of the credit union staff had cleared out by the time Richard and Sheree walked out to the parking garage.

Richard Moss: She said that uh, she was going to meet her ex-husband at Wagstaff Toyota and give him a ride back to Ogden.

Dave Cawley: Richard’s car was off to the right, around the north end of the building. Sheree’s was to the left.

Richard Moss: I went that way and she went that way and never heard from again.

Dave Cawley: Wagstaff Toyota sat just three blocks from the credit union office. Richard, as it turned out, decided to stop by the dealership himself that evening.

Richard Moss: I have a brother-in-law who was a sales manager at Wagstaff Toyota. And uh, when, when I got off work I didn’t have anything to do and I went to Wagstaff Toyota to visit with Randy. And whether she ever got there, I, I don’t know.

Dave Cawley: Richard told me he returned to work the next morning, expecting to continue his training with Sheree.

Richard Moss: And uh, she didn’t show up.

Dave Cawley: Sheree Warren had disappeared.

(Sound of door opening)

Dave Cawley: It’s a sunny morning in April of 2022 and I’m walking into the Roy City police department offices to meet with a former detective.

Dave Cawley (to receptionist): Hey, sorry. Snuck up on me there.

Receptionist: Oh, you’re ok.

Dave Cawley: Uh, I’m Dave Cawley from KSL. I was supposed to meet with Jack Bell here at 11.

Receptionist: Ok.

Dave Cawley: Jack Bell hasn’t worked for the Roy police department since 2009, when he retired as assistant chief, but he’s still known here.

Jack Bell: Is this the guy looking for me?

Receptionist: Yeah.

Dave Cawley (to Jack Bell): Uh huh. Scary, isn’t it?

Receptionist: Let me—

Jack Bell: (Laughs)

Dave Cawley: How you doing?

Jack Bell: Good, Dave. How are you?

Dave Cawley: Good. So uh, where can we sit? What do you think?

Dave Cawley: We find a quiet spot in what’s normally the jury room at the Roy City municipal court and settle in for what I’m sure will be an interesting conversation. I have a lot of questions for Jack about his work on the Sheree Warren case.

Jack Bell: This is a case that’s haunted me ever since and probably forever.

Dave Cawley: But before we get there, let’s spend a little more time getting to know Jack Bell. Jack’d started his career at the Weber County Sheriff’s Office in 1971.

Jack Bell: I was put in narcotics, very first. Knew nothing about law enforcement.

Dave Cawley: He took an undercover assignment, where he posed as a bartender at a place called the Hermitage Inn.

Jack Bell: And it was great because I hired on at $375 a month but working at the Herm, he paid me and I got to keep my tips.

Dave Cawley: The assignment involved buying marijuana and LSD from dealers, then passing their identities off to prosecutors for criminal charges. But Jack also had to be convincing by, y’know, tending the bar. So he came to recognize the regulars at “the Herm.”

Jack Bell: That’s where I seen Cary.

Dave Cawley: Cary Hartmann.

Jack Bell: I never was friends with Cary, but we knew each other.

Dave Cawley: Jack and Cary had lived in the same neighborhood growing up. They’d been in the same grade at Bonneville High School, up until Jack’s junior year when his family had moved. I’ve dug up their old yearbook photos and I showed Cary’s to Jack.

Jack Bell: That looks very familiar. Of course everybody had that same hairdo when we was in—

Dave Cawley: Cary’s hair is short and brushed back in the picture, except for a floof that’s swept forward across his forehead. Man-bangs.

Dave Cawley (to Jack Bell): (Laughs) Let’s see how yours looked.

Jack Bell: Oh, mine was a little different. That’s (laughs) ah.

Dave Cawley: Jack appears slim in his yearbook photo, with an angular jaw and piercing eyes.

Jack Bell: Yeah, I think that was sophomore picture.

Dave Cawley: You get the idea. Jack Bell and Cary Hartmann were once classmates.

Jack Bell: But I hadn’t seen or talked to him since I left Bonneville.

Dave Cawley: Jack excelled at the sheriff’s office, making sergeant within a few years. One night just before Christmas in ’78, Jack was giving a friend a ride home in his patrol car when he received a radio call. Two guys in a stolen pickup had opened fire on police officers in the city of Roy. Jack joined the chase, finding the stolen truck at the end of a dark country road in the county. The two men — who turned out to be career criminals recently released from the Leavenworth federal penitentiary in Kansas — began shooting at Jack and his passenger with high-powered rifles.

One of the bullets ricocheted, striking Jack’s friend in the chest. Jack returned fire with his sidearm, emptying the handgun, aiming toward the distant muzzle flashes. He thought he might’ve hit one of the gunmen in the leg before being forced to retreat. Jack’s friend ended up being ok, thankfully. Investigators later counted 37 bullet holes in Jack’s patrol car. The guy Jack’d shot that night ended up on the FBI’s top ten most wanted list, subject to a nationwide manhunt. Jack Bell had been in a gun battle with one of America’s most dangerous criminals and survived to tell the tale.

Jack Bell: It was a, not a good job for a family man, let’s put it that way.

Dave Cawley: Jack tried to make a change. He took a job as a trucker, but it didn’t stick. So, in 1984 he hired on as a detective for the Roy City Police Department. He’d been there just over a year when, around noon on Thursday October 3rd, 1985, a report landed on his desk. A woman named Mary Sorensen had called Roy police dispatch to report her daughter Sheree Warren missing. Mary had actually called the police department the night before but a dispatcher then had told her she couldn’t file a report for someone who’d only been gone a few hours.

Jack Bell: Somebody had to be missing for 24 hours before they’d actually take the report.

Dave Cawley: It was actually worse than that. The dispatcher had told Sheree’s mom she couldn’t report her daughter missing until 48 hours had passed. But Mary Sorensen hadn’t accept that answer. She’d refused to wait getting back on the phone the next morning — on Thursday the 3rd — explaining to a dispatcher why she thought the situation demanded immediate action.

Mary died in 2013. I wasn’t able to interview her for this podcast. So what comes next is pieced together from police reports and detective’s notes. Mary told Jack she’d last seen her daughter the prior morning, as Sheree was leaving their house in Roy with her son, headed for the Denny’s restaurant where she was supposed to hand the boy off to his father, Chuck Warren. Sheree had been wearing a red-and-white striped blouse, black slacks, and black high heels.

Mary knew Sheree had made it to work, because they’d talked on the phone a couple of times during the day. Sheree had called once around 11, asking if a check had come in the mail and they had talked again around 2. During one of those calls, Sheree’d told her mom her estranged husband Chuck had asked her to meet him at the dealership in Salt Lake when she got off work. Chuck’d said he’d bring their son, Adam. They could swap custody there, at the dealership. Sheree told her mom she’d agreed to do Chuck the favor, giving him a ride home to Ogden. It meant she and her son might be a little late getting home for dinner. But Sheree and Adam didn’t show up for dinner at all that night. Mary Sorensen didn’t know where either of them were.

That mystery had only deepened when, at around 8 p.m., Mary’d received a call from Sheree’s boyfriend, Cary Hartmann, wondering where she was. Mary said Cary’d told her Sheree had intended to meet up with him that night. This contradicted what Sheree had herself told her mom just hours earlier. And it’d seemed unusual to Mary, because Sheree didn’t often go out in the middle of the week. Cary had reportedly called Mary again later, around 10 or so, asking again if Sheree had made it home. Mary had told him no. And that’s when she’d first called Roy police to try and report her daughter missing.

Mary told police that following morning — Thursday, October 3rd — she’d received a call from the credit union. They were trying to figure out why Sheree hadn’t shown up for work as scheduled. Detective Jack Bell looked over the information Mary’d provided. His mind immediately jumped to the old cliché.

Dave Cawley (to Jack Bell): Y’know, it’s always the, the husband, right? It’s always the—

Jack Bell: That’s looked at first.

Dave Cawley: Jack called the Southern Pacific rail yard in Ogden where Sheree’s estranged husband, Chuck Warren, worked. The staff there informed him Chuck had come in that morning but left early, at around 11:30.

Jack Bell: He had taken some time off.

Dave Cawley: Jack dialed Chuck’s home phone number. No one answered. So, he went to his car and drove to Chuck’s house, a two-story, orange brick home on Ogden’s east side, tucked against the foot of the Wasatch Mountains.

Jack Bell: Pretty nice place. And I’m sure he made pretty good money at the railroad. That was one of the better jobs at the time.

Dave Cawley: No one answered Jack’s knock at the door. He returned to his office, called Chuck’s number again and left a message on the machine instructing Chuck to call him as soon as possible. Jack then moved to the next name on his list: Cary Hartmann. He called Cary and asked him to come down to Roy police headquarters for a chat. Cary arrived around 2:45 p.m.

Jack Bell: Cary Hartmann come into my office to report her missing. And I said, basically, “I think we’re the wrong agency. You live in Ogden City was, she was living with you.” And he says “well, stayed with me sometimes but she was, uh, basically living with her mom in Roy.”

Dave Cawley: Cary seemed to encourage Jack to take the lead, even though Jack wasn’t sure he had jurisdiction. Cary leaned on the fact they were old acquaintances from high school.

Jack Bell: He started to tell me a few of the details about that she was in Salt Lake and training.

Dave Cawley: Jack’s notes from this conversation say Cary described his actions on the day Sheree disappeared like this: Sheree had left his apartment — not her parents’ house — around 7 a.m., telling him she wouldn’t be home until late.

Jack Bell: According to Cary, she said she was going to pick Chuck up right after work.

Dave Cawley: Then, Cary said Sheree had intended to take her son to her parents’ place.

Jack Bell: She was gonna come to his house up on 7th street later that night. It’s actually a basement apartment.

Dave Cawley: Cary’d supposedly told Sheree he planned to stop off at a bar with a friend after he got off work at Weber State College that afternoon. Jack’s notes say Cary’d expected to meet up with Sheree after that.

Jack Bell: He was gonna meet Dave Moore at Sebastians for a drink or two and then come home and she was gonna be there.

Dave Cawley: We met Dave Moore in the last episode. He was Cary’s friend who owned the sewing machine repair shop, and who served in the Ogden police reserve with Cary. But here’s where our story gets messy, because I’m going to give you with three conflicting timelines about Cary Hartmann’s actions the night Sheree Warren disappeared: one from Cary, another from his friend Dave Moore and the third from Sheree’s mom, Mary Sorensen.

Cary told Jack Bell he’d gone to the bar after getting off work at Weber State College. He typically finished up there around 4 or 5 o’clock. Cary said Sheree had called and told him she wouldn’t be home until late, because she was going to pick up her husband from Wagstaff Toyota, then take her son to her parents’ place in Roy. Jack’s note say Cary’d expected to meet up with Sheree after that.

Jack Bell: His story was she never showed up.

Dave Cawley: But there’s an inconsistency here, because Cary worked two jobs. Most days, he went home from the college and showered before heading to his part-time job at a call center called NICE Corporation around 6. So did Cary go for a drink with his friend Dave Moore after getting home from Weber State, or did he go to his second job at the NICE Corporation, then go to the bar? It’s a three-hour difference. So, I asked Dave Moore to tell me what he remembered about that night.

Dave Moore: My store was about, oh just basically through the parking lot of Sebastian’s bar. And he came to the store, I closed at 6, he got there probably about 5, 5:30 and it was a week night so we went over and had a couple of beers. And I don’t recall the exact time that we left but uh, it was during the week, I was married and had small kids and my wife wouldn’t have put up with being out late.

Dave Cawley: By Dave’s recollection, Cary did not go to his second job the night Sheree disappeared. Dave also told me he didn’t remember hearing anything from Cary that night about Sheree.

Dave Moore: Had no idea that he was using me as a, uh, alibi.

Dave Cawley: Detective Jack Bell’s notes say Cary claimed he hadn’t realized Sheree was missing until the next morning, when he called Sheree’s mom and found out Sheree hadn’t made it home from work.

Jack Bell: And that’s when supposedly Cary got concerned.

Dave Cawley: But as we already heard, Sheree’s mom, Mary Sorenson, had said Cary’d called her twice on the night of Sheree’s disappearance — not the morning after — asking if she’d seen Sheree. Cary would later claim he’d gone to his second job before going to the bar, pushing his alibi later into the evening. But that’s contradicted by Dave Moore.

If you’re a little lost here, so was Jack Bell. He had Sheree’s mom telling him one thing and Cary Hartmann another. He missed these little inconsistencies in the moment.

Jack Bell: I missed quite a bit to start with because Cary wanted me to miss that and go after Chuck.

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Dave Cawley: Jack Bell wrote he was “finally” able to get ahold of Sheree Warren’s estranged husband Chuck Warren by phone at 5:10 p.m. on Thursday, October 3rd, nearly 24 hours after Sheree’d last been seen leaving the credit union office. Chuck had at least one bit of good news: his and Sheree’s son, Adam, was still safely in his custody. But Chuck didn’t know why Sheree hadn’t come to get him. This didn’t make sense to Jack.

Jack Bell: None at all, because as fond as she was of her son.

Dave Cawley: Chuck showed little concern or urgency. He agreed to come and speak with Jack, but not right away. He promised to drop by Roy PD headquarters the next day, on Friday the 4th. Chuck didn’t show up at Jack’s office until 3:30 p.m. They sat down and Jack asked Chuck to walk him through what’d happened two days prior, the day of Sheree’s disappearance. According to Jack’s notes, Chuck said he’d met Sheree at 7 a.m. that morning at the Denny’s restaurant in Roy to hand off their son. At that time, he’d asked if she would do him a favor later that afternoon.

Jack Bell: He had a Supra, Toyota Supra. Was supposedly gonna take the car down to Wagstaff’s Toyota, have it serviced and some work done on it. And Sheree was going to pick him up when she got off work. And pick up her son.

Dave Cawley: Chuck reportedly told Jack he’d then taken his son for breakfast, before dropping the boy off to be babysat. Then, Chuck had gone to see his ex-wife, Alice — the woman he’d been married to before Sheree — at her work.

Jack Bell: I know I was surprised to find out that he was back with his ex so soon after him and Sheree had split up.

Dave Cawley: Chuck said he and Alice had gone back to his house after lunch. At some point, Chuck had changed his mind about needing to bring the Supra down to the dealership in Salt Lake.

Jack Bell: According to Chuck, he called and canceled that appointment. And he supposedly called the office in Salt Lake where Sheree was taking her management training that he wasn’t coming.

Dave Cawley: Jack’s notes say Chuck claimed to have made this call to Sheree at 4:30 p.m. Jack would later confirm with the credit union’s switchboard operator Sheree had received a call around that time. Chuck had then told the detective he’d decided to go for a jog. He described running from his house in the northeastern corner of Ogden four miles to the heart of the city’s downtown, before turning around and walking another mile-and-a-half back toward home. He’d decided that was enough of this impromptu exercise, so he’d called his ex-wife-slash-girlfriend Alice and asked her to come pick him up. She did, at around 6:45, then the two of them spent the rest of the night together.

In the morning, he’d gone to work but left early and spent the day in downtown Ogden. He’d only realized Jack wanted to speak with him when he’d arrived home at 5 p.m. to find the detective’s message on his answering machine. Jack couldn’t seem to evoke much sympathy from Chuck for Sheree’s wellbeing.

Jack Bell: I was trying but he’s an introvert, basically. And I wasn’t getting very far with him.

Dave Cawley: Jack figured a spouse, even an estranged one, might express more concern for the plight of his child’s mother.

Jack Bell: He seemed just concerned about child support, how much he would have to pay.

Dave Cawley: Chuck handed off his and Sheree’s son to Sheree’s parents, either on Thursday night after talking to Jack, or by Friday morning at the latest.

Dave Cawley (to Jack Bell): And they ended up with Adam for a little bit it seems like.

Jack Bell: Yes, they did. They had Adam at that time.

Dave Cawley: None of it seemed to add up for Jack, so he asked if Chuck would take a polygraph. Polygraphs, or lie detector tests, weren’t usually admissible as evidence in Utah’s criminal courts, even during the ‘80s. But they were a useful tool for investigators to apply pressure to suspects. According to Jack’s notes, Chuck said he’d think it over. That was not the answer Jack wanted to hear.

Jack Bell: He never cooperated hardly at all.

Dave Cawley: This stood in stark contrast to Cary Hartmann, who’d seemed almost too eager to help. Cary’d talked to Jack as if they were working the case together, as if Cary were himself just one of the cops. And as we’ll soon see, Cary was even willing to entertain more supernatural sources of information. But Jack had more reliable avenues to pursue while Chuck Warren mulled over the prospect of a polygraph. He made contact with the manager of the credit union branch where Sheree had worked prior to taking the new training gig in Salt Lake City. She told Jack of a confrontation that’d taken place at the branch a few weeks prior, when Chuck had come in and had a loud argument with Sheree over child support.

Jack talked to Pam Volk, Sheree’s friend and former coworker, who’d heard more or less the same story.

Pam Volk: I don’t know if I heard it from her, or if I heard it just kind of talk, he told her “if I can’t have you, nobody’s going to.” And that was shortly before she disappeared. And I mean, I’m not pointing the finger at him but it was, umm, it was like “oh ok, yeah, that’s not good.”

Dave Cawley: As I mentioned earlier, Sheree had even told a version of this story to Richard Moss, the man she’d spent two days training. Richard told me Sheree’s disappearance had thrown his training into disarray.

Richard Moss: (Sighs) Y’know, I think maybe for an hour or so we’re wondering “well, she should be here.” And that’s the way it went that day. They brought somebody else in and I spent some time with, things changed a little.

Dave Cawley: Richard was unaware of what was happening in Roy. He didn’t realize a missing persons investigation had kicked off until he received a phone call from Jack Bell.

Richard Moss: I got a call from a detective at some point and never met, you’re the first person I’ve ever talked to, y’know, eyeball to eyeball.

Dave Cawley: This caught me off guard when Richard said it to me. I’d driven a few hours to meet with him at his home in Richfield, apparently the first person in this nearly 40-year-old case to have done so. It’s a bit baffling to me no one bothered to interview Richard in person back in ’85, while he was living out of a Salt Lake City hotel room for his training. In any case, Richard told me he’d told detective Jack Bell on the phone about how he’d parted from Sheree in the parking lot behind the credit union office, after she’d told him she was headed to Wagstaff Toyota to pick up her estranged husband.

Richard Moss: And never gave it an, a thought ’til the next day when she doesn’t show up.

Dave Cawley: Jack told me Richard was a person of interest at this point, because his story and Chuck’s story didn’t line up. Remember, Chuck had claimed to have called Sheree at work around 4:30 to tell her he no longer needed a ride. But Richard said two hours later, Sheree had told him she was headed to the dealership.

Jack Bell: I don’t know whether Richard was hitting on her or whatever but as they rode down the elevator that night he asked her if she wanted to go to dinner. And she told Richard at that time that she had to go to Wagstaff Toyota, pick up her ex-husband.

Dave Cawley: Jack didn’t document this supposed dinner invitation in his notes. There’s no indication in the record Richard made a pass at Sheree. But it’s just odd Sheree would’ve told Richard she intended to pick up her estranged husband Chuck at the dealership if he’d managed to get through to her and cancel that rendezvous. It’s possible Sheree might’ve perceived a hypothetical invitation from Richard as something romantically-motivated. If so, she might’ve dodged by using the excuse of needing to pick up Chuck at the dealership.

Jack Bell: Right, exactly.

Dave Cawley: Jack tried to sort out whether Sheree ever made it to Wagstaff Toyota by speaking with staff at the dealership.

Jack Bell: There’s one guy thought she’d came down but wasn’t sure. But they knew that Chuck had called and canceled.

Dave Cawley: Jack had a mystery on his hands.

Jack Bell: The people at Wagstaff couldn’t tell me whether she came over or not.

Dave Cawley: Copies of Ogden’s daily newspaper, The Standard-Examiner, started hitting doorsteps as Jack Bell was concluding his interview with Chuck Warren. The afternoon edition on Friday, October 4th, 1985 carried the first public report of Sheree Warren’s disappearance. The story quoted Jack as saying Sheree’s friends and family thought of her as level-headed, not someone who would run off without notice. The story noted Sheree’s car, a maroon 1984 Toyota Corolla, also remained unaccounted for. KSL-TV in Salt Lake picked up the story the following day.

Carole Mikita (from October 5, 1985 KSL-TV archive): Right now police say they’re investigating the disappearance but have very little to go on.

Ben Glover (from October 5, 1985 KSL-TV archive): What we’re asking for is just to locate where she may be. Or any evidence to show that it, or indicate that there is maybe some foul play involved so we can do a, a different type of investigation rather than missing persons.

Dave Cawley: The Standard-Examiner ran a follow-up story on Tuesday, October 8th. It quoted Cary Hartmann, who told the reporter he thought highly of Jack Bell but feared the worst.

John Greene (as Cary Hartmann from October 8, 1985 Standard-Examiner article): This is way beyond a missing person investigation. She is the most reliable and level-headed 25-year-old woman I’ve ever known.

Dave Cawley: That’s not Cary’s voice, but they are his words, read by a voice actor. Tips started to dribble in as a result of the news coverage. Cary wrote a note two days later, on October 10th, that read:

John Greene (as Cary Hartmann from October 10, 1985 personal notes): At 11:22, Jack Bell called and told me an anonymous female called and told him Chuck had taken a second mortgage. He paid off her car and got the title.

Dave Cawley: KSL-TV aired its first follow-up story a day later, on Friday, October 11th.

Shelley Thomas (from October 11, 1985 KSL-TV archive): 25-year-old Sheree Warren of Roy disappeared nine days ago and today her family took the search into their own hands, offering a $5,000 reward for information leading to her return.

Dave Cawley: Cary Hartmann paid a visit to Roy City police detective Jack Bell at his office at about four o’clock that same day. He brought a stack of fliers and told Jack he’d been handing them out around town.

Jack Bell: They were on yellow paper and it was a very good picture of Sheree.

Dave Cawley: Cary’d called in a favor to get the fliers printed for free. His former brother-in-law happened to run a printing shop.

Jack Bell: He had a whole box and he left some of ‘em here that we posted around.

Dave Cawley: Jack posted one of the fliers in a display case in the lobby of the Roy police headquarters. But the fliers weren’t the only thing Cary wanted to share with his old high school classmate, Jack Bell.

Jack Bell: He was telling me all about Chuck Warren and the divorce that they were going, uh, Sheree and Chuck were going through. And Cary said “the only thing that they are fighting over is child support and how much child custody was” over their little boy.

Dave Cawley: Jack made notes about this conversation.

Dave Cawley (to Jack Bell): When he came in that time with those fliers, in your notes I read—

Jack Bell: Could you read my notes?

Dave Cawley: I could. Can you believe that?

Jack Bell: No, nobody else can. (Laughs)

Dave Cawley: Jack’s not joking, his handwriting is terrible. But not illegible. Most of the time. His notes say Cary described having heard tell of an argument between Sheree and Chuck a few weeks prior to her disappearance. It’d happened at the credit union branch where Sheree’d then been working. Chuck had come in and blown up, Cary said, over an attempt by Sheree’s attorney to increase the amount of child support Chuck had to pay. Jack had heard this story already, as have you. But for Jack, hearing it again from Cary seemed to lend him credibility.

Jack Bell: Cary was feeding me full of information about Chuck. And a lot of it seemed legitimate. The more I looked into it and I could see where could be getting that information from Sheree.

Dave Cawley: Cary reportedly said Chuck Warren had brothers who lived in Salt Lake, one of whom just happened to work for Wagstaff Toyota. There was something else. Cary reportedly told Jack one of his co-workers at Weber State College had had a dream about Sheree. In it, two men had driven Sheree into the mountains, broken her neck and tossed her off some cliffs. The coworker, according to Cary, had seen red rocks in the dream and believed the spot was near Big Rock Candy Mountain in south-central Utah. Which, as it happens, is not all that far from where Richard Moss lived in Richfield. Jack’s notes included one more potentially relevant detail. They read Cary “later told me that he was sure Sheree was wearing his black parka the day she disappeared.”

Jack Bell: If I wrote it down, he said that, y’know? If I wrote it down, then he said that.

Dave Cawley: Here’s why this matters. Sheree’s mom Mary Sorensen and Cary Hartmann had given conflicting accounts about where Sheree had spent the night prior to the day she disappeared. If Mary’s version was accurate, Cary would’ve had no way of knowing what Sheree was wearing that day. Unless Sheree had somehow ended up at Cary’s apartment after leaving work that evening.

Keith McCord (from October 11, 1985 KSL-TV archive): 25-year-old Sheree Warren was last seen in Salt Lake leaving the employees credit union where she works. Roy police have questioned 35 people since Warren’s disappearance nearly two weeks ago but no new evidence yet. Warren’s family is offering a five-thousand dollar reward into information on her whereabouts.

Dave Cawley: When Sheree Warren disappeared in October of 1985, police in Ogden, Utah were in the opening stages of an investigation into a string of home invasion rapes. Those’d started in ’84 and were happening across the city. Detectives were beginning to believe the attacks were the work of one man, who some were calling The Ogden City Rapist.

Jack Bell: We were all looking at the rape case a little bit ‘cause everybody knew a victim or two.

Dave Cawley: No one could say who the Ogden rapist was, and Jack Bell didn’t see any direct connection to his missing persons case.

Dave Cawley (to Jack Bell): But you’ve got to look at that though, right?

Jack Bell: Right.

Dave Cawley: It’s on the table.

Jack Bell: Right. It’s on the table and…

Dave Cawley: …and at the same time, police in the suburb of South Ogden, just a bit to the east of where Sheree Warren lived in Roy, were hunting for another missing woman named Joyce Yost.

Jack Bell: What I listened to of your podcast on Joyce, was very professional.

Dave Cawley: The Joyce Yost case is covered in detail in season 2 of this podcast, but what you need to know here is Joyce’d been raped by a strange man and had then disappeared days before she was to testify at that man’s trial. Police believed she’d been murdered, but hadn’t found her body. And her suspected killer was out of jail, in the Ogden community, when Sheree Warren disappeared two months later. Jack Bell was aware of the Joyce Yost case, but wasn’t involved in the search.

Jack Bell: —other than at the start because she worked at our Elks.

Dave Cawley: Jack was keeping an open mind to all these possibilities surrounding Sheree Warren’s disappearance, but leads kept pushing him toward Chuck Warren. Case in point, he received a call from one tipster who said Chuck had once been violent with his first wife.

Jack Bell: Who, as the world turns, he was living with, Alice.

Dave Cawley: I mentioned this before, but it bears repeating: Chuck Warren had reunited with his first wife Alice after his second wife Sheree had filed for divorce.

Jack Bell: The more I got into Chuck, found out that when him and Alice had split, he’d beat her up pretty bad.

Dave Cawley: The story, as related to Jack, was that while Chuck and Alice were going through their divorce, Chuck had called Alice and said his car had broken down up the canyon. Alice had supposedly gone to help him, but when she’d arrived Chuck had struck her in the head with a tire iron. Alice didn’t report the alleged assault to police. Criminal charges were never filed against Chuck Warren. But Alice later told a detective investigating the Sheree Warren case she’d ended up in the hospital with a head wound that’d required stitches. In a formal report, Jack wrote the tire iron attack was “verified as having happened.”

Jack needed to take another crack at Charles Warren. He called Chuck on Monday, October 14th and asked him to come back to Roy PD headquarters for a second interview. Chuck agreed. They again went through Chuck’s whereabouts the day of Sheree’s disappearance. Chuck told the same story as before: he’d canceled his plans to take the Supra to Wagstaff Toyota, had called Sheree to let her know he wasn’t going to Salt Lake and had then gone out for a jog. During their first interview, Jack had asked Chuck if he would take a polygraph. Chuck had seemed open to the idea. So, Jack asked again. This time, Chuck said no.

Jack Bell: I was surprised when he said he would take a polygraph. I wasn’t surprised when he backed out.

Dave Cawley: Jack had suspicion, not evidence. He believed Chuck might’ve killed Sheree. But it wasn’t enough to make an arrest. Chuck must have realized though he was the top suspect.

Jack Bell: ‘Cause I really got into Chuck.

Dave Cawley: The interview grew heated. Chuck, in so many words, said he was done talking to Jack. The next time he came around, it would have to be with a warrant. Jack responded that’s ok. He’d just go ask Alice instead. And that was it. The interview was over. Chuck Warren once again walked out of Roy police headquarters a free man.

Jack Bell: I didn’t have much to do with Chuck after that.

Dave Cawley: Jack immediately called Alice at the office where she worked in downtown Ogden. She agreed to talk with him on her lunch break. Jack didn’t wait. He went to his car and drove straight to meet her. Alice seemed open, at least at first. Jack’s notes say her account of the day Sheree Warren disappeared lined up with Chuck’s. She gave him an alibi.

Jack Bell: Alice says that night, that she disappeared, he was home with her all night.

Dave Cawley: But was Alice being honest? Jack intended to find out.

Jack Bell: Alice originally agreed to take a polygraph.

Dave Cawley: He scheduled an appointment with the polygraph examiner for two days later. In the meantime, Jack paid a visit to Sheree’s parents. He asked if she might’ve had reason to run, to leave without notice, to start a new life.

Jack Bell: They had no idea why she would disappear, why she would take off.

Dave Cawley: Ed and Mary Sorensen told Jack Sheree’s divorce had gone ok, with the exception of child support. The court had instructed Chuck to pay her $250 a month, but he’d only being sending $185. Jack’s notes say the Sorensens “did not really feel that Chuck would have done her any harm, but felt that anything was possible.”

Jack Bell: They weren’t very happy with Chuck, either. Y’know, they were, they weren’t defending Chuck, by any means.

Dave Cawley: The notes say Sheree’s parents described their soon-to-be-former son-in-law as a materialistic person and a man with a temper.

Jack Bell: Money was a big issue to Chuck. The Toyota Supra was Toyota’s fanciest car at the time, a sports car, so, those kind of things meant a lot to Chuck, I could tell.

Dave Cawley: Jack asked Sheree’s parents about her relationship with Cary Hartmann. His notes say Ed and Mary Sorensen didn’t know Cary well but thought of him as “friendly.” The talk of child support and Chuck Warren’s financial situation piqued Jack’s curiosity. He called Sheree’s credit union, to see if any transactions or withdrawals had been made since she’d disappeared. None had. Jack asked to be notified if that changed. Then, he received some bad news.

Jack Bell: I remember, I was so upset with myself when I got the radio call to come to the office and they told me to call Alice and she was not gonna take the polygraph.

Dave Cawley: Alice, the only person who could provide Chuck Warren an alibi for the night Sheree disappeared, was clamming up. But Jack didn’t intend to give up so easily. He drove to Alice’s work and made her boss drag her into his office. Jack’s notes say Alice confirmed she would not take the polygraph. He wrote “I then asked her why and she advised me that she and Chuck had talked it over and since neither one of them were guilty of anything nor had they any knowledge of what has happened to Sheree, they felt like they did not need to take any kind of test, nor did they want to discuss this case with me any further.”

Jack Bell: Whether he threatened her not to take it or what, I have no idea. I have no idea.

Dave Cawley: Alice never did talk to Jack Bell, but she did talk to me. Alice recently told me Chuck’d hired a lawyer after Sheree disappeared, and the lawyer’s the one who told them not to take the polygraphs. Alice and Chuck haven’t been together for decades. But Alice still maintains Chuck was at home, with her, the night of Sheree’s disappearance. Alice’s word is Chuck Warren’s only alibi.

[Ad break]

Dave Cawley: Utah’s general season deer hunt in 1985 opened on Saturday, October 19th.

Mark Scott (from October 18, 1985 KSL-TV archive): They’ve been lined up all day today at Ron’s Sporting Goods, picking up their last-minute hunting needs and of course, that all-important license. Why do you come here?

Man-on-the-street hunter (from October 18, 1985 KSL-TV archive): I like the country.

Dave Cawley: A couple of days later, on Monday the 21st, Cary Hartmann received a phone call from one of his friends. He made a note about it, and I have a copy. Here’s what the note says:

John Greene (as Cary Hartmann from October 21, 1985 personal notes): Larry Lewis called at 5:30 p.m. … said a body had been found in central Utah today. I called Roy PD. Turned out to be not much info.

Dave Cawley: Larry Lewis worked as a TV news reporter for KSL in Salt Lake City. And full disclosure, I also work for KSL, but I started there years after Larry left the company. Larry had apparently called Cary on that October day in ’85 to tell him about a story assigned to another reporter that would be airing on KSL-TV later that same evening. Some deer hunters had come across human remains.

Robert Walz (from October 21, 1985 KSL-TV archive): The bones were found near Indianola, in southern Utah County where hunters noticed the partially buried skull.

Dave Cawley: The skull had a small hole, about as wide as a pinky finger, behind where the person’s right ear would’ve been. Investigators believed it might’ve been made by a bullet.

Robert Walz (from October 21, 1985 KSL-TV archive): Now are you suspecting foul play, or?

Gary Reed (from October 21, 1985 KSL-TV archive): Yeah, we will go on that assumption based on the location of the, of the hole in the skull. Umm, we’ll go on that assumption.

Dave Cawley: The hole suggested a possible murder. But if that was the case, who was the victim?

Gary Reed (from October 21, 1985 KSL-TV archive): All we have right now is speculation on our part as to age of the, of the bones and uh, like I say, there’s nothing we can really tell until we have some more from the medical examiner’s office.

Dave Cawley: The medical examiner’s office determined the bones were female, but believed they were hundreds of years old. They couldn’t say what’d made the hole. Investigators figured the remains were from an indigenous person’s burial site. Clearly not Sheree Warren. But those bones are still significant to the Sheree Warren case, because of what they revealed about Cary Hartmann: Cary was friends with KSL TV reporter Larry Lewis. And detective Jack Bell hadn’t known that at the time.

Jack Bell: It was before I knew.

Dave Cawley (to Jack Bell): —so I’m like, for me, if I was friends with somebody who had their significant other disappear, two thoughts: one, I’ve got great access so I can do a story better than somebody else—

Jack Bell: Right.

Dave Cawley: —two, I have a conflict of interest—

Jack Bell: Right.

Dave Cawley: —so I should disclose that and—

Jack Bell: Right.

Dave Cawley: —let my bosses decide if I cover the story or not.

Jack Bell: Yeah.

Dave Cawley: I don’t know if that ever happened.

Jack Bell: Probably not.

Dave Cawley: We’ll dig into the ethical implications of Cary’s friendship with TV reporter Larry Lewis in future episodes. For now, I’ll just say the story of the hunters uncovering these bones, and Cary learning about it from his reporter friend, shows how good Cary was at extracting information from people. He did it to Jack Bell, too. Cary’d relied on the fact they’d gone to school together to get inside access to Jack’s investigation. He’d learned who Jack was talking to and what those people had said. Jack hadn’t realized at the time he was getting worked.

Jack Bell: Policemen aren’t perfect. We have to hire ‘em from the human race, y’know? (Laughs) And as hard as we try to do our job right and be as close to perfect as we can, we all screw up.

Dave Cawley: KSL TV reporter Larry Lewis didn’t personally cover the Sheree Warren case until a major break occurred six weeks into the investigation.

Shelley Thomas (from November 13, 1985 KSL-TV archive): Las Vegas police have turned up a possible clue in the mysterious disappearance of a 25-year-old Roy woman. A car belonging to Sheree Warren was found Monday in the parking lot of a hotel casino. Police are processing the vehicle now for possible leads in the case and our northern Utah correspondent Larry Lewis reports.

Larry Lewis (from November 13, 1985 KSL-TV archive): When Sheree Warren disappeared October 2nd her friends and family believed then foul play was involved. They said Sheree wasn’t the type to run away, that she had everything to live for.

Dave Cawley: This next bit will sound familiar if you’ve listened to season 2 of this podcast. On Monday, November 11th, 1985, security staff at the Aladdin Hotel and Casino on the southern end of the Las Vegas Strip contacted Las Vegas Metro Police to report a suspicious vehicle. They’d found a maroon, 1984 Toyota Corolla with Utah plates parked in a lot behind the casino, apparently abandoned. The car hadn’t moved in days. A Las Vegas detective ran the car’s license plate number against a national crime database and got a hit. It said the car belonged to a missing woman named Sheree Warren. Anyone who came across it should contact Roy police detective Jack Bell. A Las Vegas dispatcher called Jack that same afternoon to alert him of the discovery.

Jack Bell: It was kind of a shocker. Was it at Circus Circus parking lot?

Dave Cawley (to Jack Bell): Aladdin.

Jack Bell: Aladdin. Yeah, that was a surprise. That opened, opened up a whole new can of worms. How did it get there? Which one of these two birds that I’m looking at have the opportunity to get it down there? Or did she drive it down herself and something happened to her? Which didn’t make a hell of a lot of sense.

Dave Cawley: Las Vegas Metro impounded the car and hauled it to a secure lot.

Jack Bell: I wanted to go down. My bosses — the assistant chief and the chief — wouldn’t let me go. I don’t know what I would’ve done but I wanted to go down and at least get some pictures.

Dave Cawley: The next morning, a Las Vegas Metro detective called Jack, so they could share information. He told Jack the car had been there for quite some time. Its wheels had sunken into the asphalt. Spiders had spun webs in the precious shade it provided from the desert sun.

Dave Cawley (to Jack Bell): So are you, when you see that are you thinking that car went there probably right after she disappeared?

Jack Bell: Yes, I’m thinking it went down there the next day.

Dave Cawley: Las Vegas Metro couldn’t search the car without a warrant or permission from the registered owner, Charles Warren. Jack hadn’t talked to Chuck in a month. Their last meeting had not gone well. But to his surprise, Chuck signed his name to a consent form authorizing a search of Sheree’s car without any protest. Jack faxed the completed form to Las Vegas Metro Police, who began a detailed search of the car.

Dave Cawley (to Jack Bell): Do you remember what they found in that car?

Jack Bell: Not much, not much.

Dave Cawley: In the glovebox, the Las Vegas officers located Sheree’s check books, some receipts and bills, as well as two prescription slips: one in her name and one in the name of Cary Hartmann. In the trunk, they found a stroller, a woman’s shirt and a brown suit jacket, sheets for a water bed, fast food wrappers and some of Sheree’s office papers. There were no signs of blood, no indications of violence. The car’s passenger window had been rolled down when it was parked. Wind had at some point blown a thick coat of dust into the interior. It covered every surface, making it impossible to lift any finger prints from the dash or doors.

Jack Bell: Somebody knew what they were doing when they left it there.

Dave Cawley: They did find one partial set of prints, on the outside of the driver window. Las Vegas Metro assumed the prints were Sheree’s, but didn’t have anything to compare them to. Neither did Jack, for that matter. So he made a phone call to the FBI.

Jack Bell: And I think I just turned it over to the FBI’s office up here.

Dave Cawley: A special agent agreed to check the FBI’s identification files, to see if they had a copy of Sheree Warren’s fingerprints on record. They didn’t, meaning no one could say if the prints found on the car’s windows were Sheree’s or someone else’s. Word of the car’s discovery made it to the media. A TV station in Las Vegas filmed police going through the car. Meantime, KSL TV reporter Larry Lewis went to interview detective Jack Bell.

Larry Lewis (from November 13, 1985 KSL-TV archive): Investigators on the case have had no solid piece of information to go on. Today, that changed.

Jack Bell (from November 13, 1985 KSL-TV archive): It means that, uh, either she drove the car there herself or somebody stole the car from her, uh, abducted her and took the car there.

Dave Cawley (to Jack Bell): Interesting who the reporter was on that story, huh?

Jack Bell: Yeah, it was.

Dave Cawley: Jack did not at that time know Larry was a personal friend of Cary Hartmann’s.

Jack Bell: No. He didn’t let on, y’know, he didn’t let on.

Jack Bell (from November 13, 1985 KSL-TV archive): There was some indication in the asphalt that the car left imprints. So, uh, that would lead you to believe the car had probably been parked there when the weather was hotter.

Larry Lewis (from November 13, 1985 KSL-TV archive): Bell says the car’s discovery now broadens the investigation to include transients passing through Salt Lake. He says any evidence found in the car will be run through a crime lab with the hope of learning who drove it to Las Vegas. Larry Lewis, Eyewitness News.

Dave Cawley: This speculation about a transient possibly driving the car across state lines is what Jack had needed to convince the FBI to get involved.

Dave Cawley (to Jack Bell): ‘Cause now you’ve got an interstate—

Jack Bell: Yeah, now it’s partially their jurisdiction.

Dave Cawley: But Jack suspected he’d already talked to the person who’d driven the car to Vegas, and it wasn’t a transient.

Jack Bell: Made me look a little bit again at Richard Moss because he lived halfway there.

Dave Cawley: Richard Moss, the last person known to’ve seen Sheree Warren alive. I asked Richard what he thought happened to Sheree after they parted ways outside the credit union office.

Richard Moss: Whether something bad happened, I do not know whether that occurred. But it was unusual from my experience in talking to her that day.

Dave Cawley (to Richard Moss): Do you remember what went through your mind when you heard the car was in Vegas?

Richard Moss: Surprised me, surprised me.

Dave Cawley: Why?

Richard Moss: Uh (laughs) why would that be in Vegas? I don’t know.

Dave Cawley: Sheree had never mentioned anything to you about being a gambler, I take it.

Richard Moss: Mmnmm.

Dave Cawley: And that’s a long way from Wagstaff Toyota.

Richard Moss: (Laughs) Mmhmm.

Dave Cawley: Detective Jack Bell briefly harbored suspicions about Richard Moss.

Jack Bell: But nothing come of that. Pretty upstanding citizen.

Dave Cawley (to Jack Bell): So, you look at Richard, you don’t see anything there that jumps out at you.

Jack Bell: No, no.

Dave Cawley: Jack’s mind kept returning to Chuck Warren. In the weeks following the car’s discovery, Roy police would receive a tip from a credit union employee who claimed Chuck had taken out a cash advance in Salt Lake City the day Sheree was last seen. The tipster also said there’d been multiple charges on Chuck’s credit card in Nevada days before the car turned up behind the casino.

Jack Bell: Y’know, he coulda drove the car down and working for the railroad he had a train pass and could’ve rode the train back. But uh, there was no way to prove that. That’s one thing I was gonna ask Alice.

Dave Cawley: Chuck worked for the Southern Pacific, which didn’t operate a line between Ogden and Las Vegas. That route belonged to the competition: Union Pacific. In 1985, Amtrak offered once-daily passenger service between Las Vegas and Salt Lake City over Union Pacific’s rails. I’ve reviewed an Amtrak timetable from ’85 and it shows the outbound train departed Vegas at 9:05 p.m. and arrived in Salt Lake at 6:55 a.m. If someone had left Salt Lake in Sheree’s car immediately after she’d left work at 6:30 on the evening of October 2nd and driven straight to Vegas, they wouldn’t have arrived until after that night’s Salt Lake-bound train had departed.

But it would’ve been simple, no big deal, for the person who took Sheree’s car to Vegas to fly back to Utah. The Aladdin was one of the closest casinos on the strip to McCarren Field, known today as Harry Reid International Airport. The lot where Aladdin staff found Sheree’s car sat just two-and-a-half miles from the airport terminal.

Western Airlines operated a major hub out of Salt Lake City. I found an old Western timetable for September and October of ’85 on eBay. It showed four daily departures between Vegas and Salt Lake, the earliest at 7:15 a.m. In other words, someone could’ve caught the first flight out of Vegas to Salt Lake on the morning of Thursday, October 3rd and arrived in Utah around 9:30 a.m., hours before Sheree’s mom Mary Sorensen first made contact with Jack Bell to report her daughter missing. In the pre-9/11 world, a person could simply walk into the airport terminal the day of the flight, buy a ticket and go to the gate. The TSA didn’t exist. There were no kiosks where federal agents checked your ID. Airlines kept their own passenger lists, but there were no centralized databases.

Of course, Chuck Warren wasn’t the only person who might’ve taken Sheree’s car to Vegas. Only days after the car’s discovery, Jack received a tip from one of Sheree’s friends. She said Sheree’d been dating a man who belonged to an S&M sex cult. She didn’t know his name, but said Sheree was afraid of him. A day later, an Ogden police sergeant stopped by to see Jack. The sergeant said he’d heard Sheree’s boyfriend, Cary Hartmann, had engaged in group sex in the past. Jack began to wonder: just how much had Sheree known about her boyfriend? The Ogden police sergeant also told Jack he was aware Cary Hartmann had a history of domestic violence. Jack confirmed this by talking to one of Cary’s ex-wives.

Jack had two plausible suspects in Sheree’s disappearance, both with past allegations of violence against a romantic partner. Jack still leaned toward Chuck Warren, but a seed of doubt about Cary Hartmann was taking root in the back of his mind.

Dave Cawley (to Jack Bell): Another thing you wrote on this is “from the very first day of Sheree’s disappearance, Cary spoke of Sheree past tense—”

Jack Bell: Past tense.

Dave Cawley: Jack didn’t yet know about Cary’s sordid past, starting with his attempt to lure Heidi Posnien up the canyon near Causey Reservoir, 14 years earlier. And Heidi, who we heard from at the start of our story, didn’t yet realize the young man who’d harassed and threatened her on the phone had only escalated in the time since.

Heidi Posnien: Well, he probably then wasn’t as involved yet, y’know? He probably was just at the beginning of some of his little tricks. That’s probably why he was so easy to catch. And that’s probably why I gave him a second chance, because, y’know I would’ve never thought he was gonna be the Ogden Rapist.

Ep 2: Go Ask Alice


Sheree Warren (née Sorensen) was the second of four children in her family. She was preceded by an older brother and followed by a pair of younger sisters. Her parents, Edwin and Mary Sorensen, raised their children in the community of Roy, a suburb of the city of Ogden, Utah.

Ed Sorensen spent 20 years serving in the U.S. Air Force before becoming a civilian contractor at nearby Hill Air Force Base. Mary Sorensen also worked in a family-owned drapery business. As a young woman, Sheree inherited a strong work ethic from her parents.

Edwin Mary Sheree Sorensen family portrait
Sheree Sorensen (far right) poses with her parents, Edwin and Mary Sorensen, and siblings in this undated family portrait. Photo: Sheree Warren family

Sheree performed well as a student. She routinely appeared on the honor rolls at Roy Junior High and Roy High School. She was sharp with numbers and gregarious. Her high school yearbooks suggested she did not take part in many extra-curricular activities.

Sheree Sorensen yearbook photo Roy High School
Sheree Sorensen’s sophomore yearbook photo from Roy High School.

Sheree graduated from Roy High School in 1978. A few years later, she married a man named Charles Warren.


Sheree Warren’s husband, Charles Warren

Charles “Chuck” Warren was 11 years older than Sheree. He grew up in Ogden, Utah. Chuck had taken a job working for the Southern Pacific railroad during the 1970s, while Sheree was still in school.

Chuck and Sheree married on February 27, 1981. Sheree then moved into her new husband’s home, an orange brick house on Ogden’s Hudson Street nestled against the foot of the Wasatch Mountains.

Charles Warren wedding announcement Sheree Sorensen marriage
Sheree Sorensen and Charles “Chuck” Warren’s wedding reception invitation. The couple were married on February 27, 1981. Photo: Sheree Warren family

The transition to married life proved difficult for Sheree. She was strong-willed and independent, which sometimes led to conflict with her new husband. Chuck had been married once before. He had a son from his first marriage, meaning Sheree at times found herself in the middle of family matters from Chuck’s former life.

Sheree’s discontent grew. She separated from Chuck roughly six months into their marriage, telling at least one friend at that time she was considering divorce. However, while separated from Chuck, Sheree learned she was pregnant.

Chuck and Sheree Warren reconciled. In May of 1982, they welcomed a child, a son whom they named Adam.

Sheree Warren child children son
Sheree Warren holds two young children in this undated photo. The children’s faces have been obscured by COLD to protect their privacy. Photo: Sheree Warren family

The introduction of a child into the strained marriage did not improve matters. Finances remained a point of contention. Chuck was a self-described car nut, who bought and sold vehicles as a hobby. This side hustle soaked up a significant portion of Chuck’s income which frustrated Sheree, who worked in order to provide for their son.

Sheree held a job as a loan officer at a Federal Employees Credit Union branch in Ogden. That’s where she met and befriended a fellow loan officer named Pam.


Sheree and Pam

“We had a lot in common,” Pam Volk said during an interview for COLD. “I guess we were just kind of kindred spirits.”

Sheree and Pam were similar in age. They began to spend time together outside of work, either shopping or going to movies on evenings when Sheree was able to leave her son home with Chuck. Pam said Sheree confided her marriage wasn’t good.

“I don’t remember specifics, I just know that she wasn’t very happy,” Pam said.

While working together at the credit union, Pam and Sheree met a man who came to service the building’s heating and air condition system. His name was Cary Hartmann.

“He would just kind of stop me and say ‘hi,’” Pam said. “We became friends.”

Hartmann had recently left a role as a reserve officer for the Ogden Police Department, a fact he boasted about. Pam said she’d found Cary to be personable and talkative. Cary pursued a romantic relationship with Pam, but it fizzled after just a few months.

“I don’t remember why we quit seeing each other,” Pam said. “It just really wasn’t right.”

Sheree, meantime, made a major change in her life. At the start of 1985, Sheree quit her job at Federal Employees Credit Union and accepted a new position at Utah State Employees Credit Union. She celebrated the new opportunity by going on a two-week-long vacation with Pam in Hawaii. As they spent time lounging on the beach, Sheree talked about her hopes for the future.

Credit union drive through Ogden Utah Sheree Warren
Sheree Warren worked at this credit union branch near 42nd Street and Harrison Boulevard in Ogden, Utah during 1985. At the time, the building belonged to Utah Employees State Credit Union, known today as Mountain America Credit Union. Photo: Dave Cawley, KSL Podcasts

“She was going to a manager training program,” Pam said.

The new job held a promise of upward mobility and self-sufficiency for Sheree. She intended to support herself because she was preparing to divorce her husband, Chuck Warren.


A summer fling with Cary Hartmann

Court records show Sheree filed for divorce from Charles Warren on May 16, 1985. Chuck would later say he and Sheree each began dating other people while the divorce proceedings were ongoing. They reportedly reached an agreement not to discuss who they were each seeing during the summer of 1985.

Sheree moved around a bit during those months, renting a couple of different apartments. She performed well at her new job and, according to friends and family, spent the majority of her free time caring for her son. Her friend and former co-worker Pam Volk recalled seeing less of Sheree during that time, due to Sheree’s busy schedule.

“I’d go up and we’d hang out at her apartment and talk,” Pam said.

Pam learned Sheree had started seeing Cary Hartmann, the HVAC technician Pam had previously dated. But Pam said Sheree’s relationship with Hartmann hadn’t progressed very far.

“It wasn’t a serious thing,” Pam said. “It was more just of a fling, I guess.”

Cary Hartmann walks down a hallway in Utah’s 2nd District Court in Ogden, Utah on September 16, 1987. Photo: KSL 5 TV

Sheree struggled to make ends meet living on her own. She was forced to move back in with her parents at their home in Roy by the end of the summer.

Sheree shared custody of her son with Chuck while the divorce proceedings were underway. Chuck worked the graveyard shift at the rail yard, while Sheree worked banker’s hours at the credit union. They would often exchange custody of their son each morning and afternoon.

“She loved him so much,” Pam said. “It was really hard for her to leave her little boy.”


Richard Moss, the last person to see Sheree Warren

In September of 1985, the Utah State Employees Credit Union offered Sheree a promotion. It tasked her with training branch managers on how to use the credit union’s computer system.

The new position came with increased pay but also required Sheree to commute from her parents’ house in Roy to the credit union’s headquarters office in Salt Lake City, roughly 30 miles away.

Sheree Warren office last seen Salt Lake City
Sheree Warren was last seen walking to her car in the parking structure behind this office building near 700 South 200 East in Salt Lake City, Utah on Oct. 2, 1985. At the time, the building served as headquarters for the Utah State Employees Credit Union. Photo: Dave Cawley, KSL Podcasts

Sheree’s first trainee was a man named Richard Moss, who had just hired on with the credit union to run a new branch in the rural community of Richfield, Utah. Richard and Sheree met on Tuesday, October 2, 1985.

“She did know her stuff,” Richard Moss said during an interview for COLD. “[Sheree] was going to spend two or three weeks there in Salt Lake training me and then she would come down to Richfield so we could open the branch.”

During their second day together, Richard and Sheree went to lunch at a restaurant called The Training Table. Over burgers, Sheree opened up to Richard about her personal life.

“She told me that she was divorced or separated but she was seeing another guy,” Richard said.

Sheree reportedly told Richard she and the other guy, Cary Hartmann, spent time together on the weekends. They’d recently gone on a picnic outing to one of Cary’s favorite spots, a mountain reservoir called Lost Creek.

Lost Creek Reservoir lake aerial Chopper 5
Lost Creek Reservoir, seen from KSL’s Chopper 5 on May 27, 2022, was a location Cary Hartmann frequented during the 1970s and ’80s. Photo: Dave Cawley, KSL Podcasts

Sheree also reportedly told Richard about an encounter that’d happened a few weeks prior, when her estranged husband Chuck Warren had come into the credit union branch in Ogden while she was working there. Chuck and Sheree’s divorce had stalled after Sheree’s attorney made a push for greater child support payments from Chuck. This had made Chuck upset.

“She told me her ex-husband came into the Ogden office at one time and threatened to kill her,” Richard said.

The threat seemed to carry weight. Chuck Warren had a nickname at the rail yard where he worked: “Tire Iron Chuck.” It rose from an attack Chuck had allegedly carried out against his first wife, Alice, when she’d divorced him years earlier. Alice later told investigators Chuck had called her and said his car had broken down. When she’d arrived to assist him, Chuck had struck Alice in the head with a tire iron.

Richard Moss Sheree Warren last seen witness
Richard Moss holds a photograph of Sheree Warren during an interview for COLD on October 20, 2021. Moss is the last person known to have seen Sheree Warren. Photo: Dave Cawley, KSL Podcasts

Sheree Warren told Richard Moss she’d made plans to meet Chuck Warren after work at Wagstaff’s House of Toyota, a car dealership a few blocks west of the credit union office. Chuck intended to drop his Toyota Supra off for servicing there and had asked Sheree to give him a ride home to Ogden.

“Work closed at 5:45 and you balanced and cleared up and then left by 6,” Richard said.

Richard and Sheree encountered a problem though on the afternoon of October 2, 1985. The numbers weren’t adding up, so Sheree spent some time in the credit union’s collections office sorting out the issue. Richard recalled that delay meant he and Sheree late leaving the building.

“It was about 6:25 that we finally balanced and left,” Richard said. “As we were going downstairs, Sheree said she was going to pick up her ex-husband at Wagstaff Toyota.”

This 1985 aerial photo captured by the Idaho Air National Guard shows a portion of downtown Salt Lake City, Utah. Sheree Warren was last seen in the parking garage behind the Utah State Employees Credit Union building. She had told a coworker she was headed to Wagstaff’s House of Toyota, just a couple of blocks away. Photo: Utah Geological Survey, with annotations by COLD

They reached the parking terrace behind the credit union office. Richard said Sheree headed toward the west, where her car was parked. Richard turned right and walked north toward his own car.

That was the last time anyone is known to have seen Sheree Warren.


Hear how Chuck Warren responded when confronted by police in Cold season 3, episode 2: Go Ask Alice

Episode credits
Research, writing and hosting: Dave Cawley
Audio production: Ben Kuebrich
Audio mixing: Ben Kuebrich
Cold main score composition: Michael Bahnmiller
Additional scoring: Allison Leyton-Brown
KSL executive producer: Sheryl Worsley
Workhouse Media executive producers: Paul Anderson, Nick Panella, Andrew Greenwood
Amazon Music and Wondery team: Morgan Jones, Candace Manriquez Wrenn, Clare Chambers, Lizzie Bassett, Kale Bittner, Alison Ver Meulen
KSL companion story: https://ksltv.com/510406/cold-podcast-uncovers-new-clues-about-discovery-of-missing-utah-womans-car-in-las-vegas/
Episode transcript: https://thecoldpodcast.com/season-3-transcript/go-ask-alice-full-transcript/

Ep 1: Everything Escalates


Season 3 of COLD tells the story of the disappearance of Sheree Warren.

Sheree was last seen leaving her work in Salt Lake City, Utah on the evening of October 2, 1985. But to explain the mystery that still shrouds the unsolved cold case of Sheree’s disappearance, COLD season 3 begins even farther in time. It begins with a phone call made to a different woman during the spring of 1971.

“It was probably around midnight, and some voice on the phone said that he wanted to talk to me,” Heidi Posnien recalled during an interview for COLD.

The caller told Heidi he was a sales representative for a lingerie company. He wanted to ask her a few questions. Heidi found it odd that a solicitor would call at such a late hour. She felt skeptical about the strange man’s motives. That feeling only intensified when the caller asked “are you as good in bed as everyone says?”

“I said ‘who are you, what’s going on, what do you want?’ And he hung up,” Heidi said.


The lingerie survey obscene caller strikes again

It was not the last time Heidi would hear from the obscene caller. The man dialed her number again two weeks later.

“He called me in the daytime,” Heidi said. “He said ‘now I want to meet you. This has to be somewhere where there aren’t any people, like maybe in the mountains.’”

Huntsville Utah Pineview reservoir 1973 aerial
This July 9, 1973 U.S. Geological Survey aerial image shows an area of northern Utah known as the Ogden Valley. An impoundment of the Ogden River creates Pineview Reservoir. The town of Huntsville, Utah occupies Pineview’s eastern shore. Photo: U.S. Geological Survey via EarthExplorer.

The caller told Heidi he knew she had two kids, and that her husband, John Posnien, drove a Ford Mustang.

“He says, ‘And don’t have this phone traced because then it’s not going to be healthy for you, for your kids,’” Heidi said. “He would say if I do put a trace on or try to call anybody to tell anybody, then it wouldn’t be healthy for my husband because he’d do something to the Mustang.”

Heidi felt a mix of fear and anger over the caller’s threat. She discussed the situation with her husband, John. The Posniens decided to contact one of their neighbors, Halvor Bailey, who worked as a deputy for the Weber County Sheriff’s Office. Deputy Bailey suggested the Posniens set a trap: the next time the caller dialed Heidi’s number, Bailey wanted Heidi to answer and agree to a meeting.

The obscene caller phoned Heidi a third time at the start of June 1971.

“He says, ‘Hi, are we still going to go out on the date and meet each other,’” Heidi said. “I said, ‘Yeah, let’s do it.’”


An unwanted “date” with the obscene caller

Heidi arranged to meet the unidentified caller on the morning of Friday, June 4, 1971. He told her to go to a small U.S. Forest Service campground called Meadows, off to the side of Utah State Route 39.

John and Heidi Posnien relayed the plan to Deputy Bailey, who arranged to have a pair of undercover deputies standing by at Meadows. The deputies, dressed as fishermen, parked a trailer beside a short bridge over the South Fork Ogden River. They intended to leap out and capture the caller when he arrived at the campground.

Heidi arrived early on the morning scheduled for her “date” with the obscene lingerie survey caller. She parked her Jeep next to the deputies’ trailer at Meadows. The undercover deputies told Heidi to let the man pass her when he arrived, then pull her Jeep out behind him to block the bridge and prevent the man from leaving the campground.

Ogden River Meadows Campground bridge aerial Chopper 5
The Meadows campground in the Uinta-Wasatch-Cache National Forest is accessed by way of a short bridge over the South Fork Ogden River. Heidi Posnien met Cary Hartmann in the area to the right of this image on June 4, 1971. Photo: Dave Cawley, KSL Podcasts

Meantime, John Posnien, the sheriff, and Deputy Bailey were waiting at a different campground called Magpie a couple of miles to the west. At about 10:30 a.m., John Posnien spotted a half-ton pickup truck cruising east up the highway toward the Meadows campground.

“It said Hartmann Plumbing and when they drove past Magpie, John says he immediately knew who it was then,” Heidi said.

Hartmann Plumbing and Heating belonged to a man named Bill Hartmann. Bill’s oldest child, 22-year-old Cary Hartmann, was at the wheel of the truck.

Bill Hartmann plumbing ad Cary Hartmann obscene caller
Cary Hartmann’s father, Bill Hartmann, worked as a plumber and owned his own company, as shown by this April 16, 1972 newspaper ad. Cary Hartmann arrived at the Meadows campground driving his father’s company pickup truck.

Heidi Posnien had no idea who Cary Hartmann was when he arrived in that truck at the Meadows Campground.

“I didn’t recognize him,” Heidi said. “I didn’t remember seeing him before.”


Heidi’s meeting at the Meadows Campground

Heidi recalled the man rolling his window down and saying a few brief words, telling her she looked “sexy.”

“He kept looking at that trailer and was getting a little nervous and he said, ‘I’m going to just pull up [into the campground]. Why don’t you follow me up there,’” Heidi said.

The truck rattled away and Heidi put her Jeep in gear. But instead of following the caller, Cary Hartmann, Heidi instead pulled her Jeep in front of the bridge, parked it, and dashed for the safety of the trailer where the two undercover officers were waiting.

“[Cary] turned around, he came back and he couldn’t go anywhere because the Jeep blocked the road,” Heidi said.

Ogden Canyon Meadows Campground bridge
This June 8, 2022 photo shows the one-lane bridge leading into the Meadows campground. Heidi Posnien used her Jeep to block Cary Hartmann from driving back across the bridge when he arrived here on June 4, 1971. Photo: Dave Cawley, KSL Podcasts

The undercover officers confronted Hartmann. They frisked him as Heidi watched out the window of the trailer, her hands shaking.

“He had a pocket knife,” Heidi said. “I’ve been in situations where I’ve had to defend myself … and I probably would’ve been able to but when he had a knife, then it wouldn’t have been too good.”

Heidi remained in the protection of the camper trailer as the deputies loaded Hartmann into their truck and drove him down the canyon. She later learned, after talking to her husband John Posnien, what happened when Hartmann stood before the sheriff at the Magpie Campground.

“John asked the sheriff, he says, ‘boy, I’d sure like to smack [Hartmann] in the mouth.’ And [the sheriff] says ‘well, we’ll look the other way.’ And John punched him,” Heidi said.


Cary Hartmann’s telephone harassment

Cary Hartmann ended up in the Weber County Jail on suspicion of making threatening phone calls, a misdemeanor offense. Heidi did not believe the charge fully reflected the dangerousness of the circumstance she’d faced.

“Because he really hadn’t done anything, other than meet me,” Heidi said.

While in jail, Hartmann provided a handwritten account of what he’d done. A copy of that document, obtained exclusively by COLD, showed Hartmann admitted to the offense.

“I called the lady and said would you meet me at a time and place, if not some harm would come to your husband’s car and possibly him,” Hartmann wrote.

Cary Hartmann arrest statement obscene caller
Cary Hartmann provided this written statement to the Weber County Sheriff’s Office following his arrest at the Meadows campground on June 4, 1971.

John Posnien went to find Cary Hartmann’s father, Bill Hartmann, while Cary remained incarcerated. Posnien knew the elder Hartmann was a golfer, as they’d previously crossed paths at the Ogden Golf and Country Club.

“John went [to the golf course] and said, ‘Hey, we need to talk to you about your son,’” Heidi said. “[Bill Hartmann] said, ‘What the hell did he do now?’”

John Posnien explained the circumstances of Cary Hartmann’s arrest, and the fact Bill Hartmann’s work truck had been impounded by the Weber County Sheriff’s Office. John Posnien reportedly told Bill Hartmann he would not pursue criminal charges, so long as Cary Hartmann received some help.

Utah court records show Cary Hartmann received a sentence of six months probation on a conviction for misdemeanor telephone harassment. Hartmann successfully completed that sentence in December of 1971.


Cary Hartmann the reserve officer

Nearly a decade later, in July of 1980, Cary Hartmann enlisted in the reserve corps of the Ogden City Police Department. On his application paperwork, Hartmann wrote he wanted to “right a few wrongs” from his youth and “help all the people that suffer from the bad guys.”

Hartmann acknowledged on his application that he’d previously been arrested, charged and convicted of a crime. He did not describe the details of the offense, writing only “summer 10 yrs ago – probation.”

Heidi Posnien was unaware the obscene caller who’d used threats to lure her to a remote mountain campground had applied to become a police officer. She’d put the unsettling experience out of her mind.

“I never heard any more,” Heidi said. “You don’t dwell on it, because it makes you sick and makes you unhappy.”

The Ogden Police Department accepted Cary Hartmann into the ranks of its reserve corps. It provided him with training, a uniform, a badge and a gun.


Hear how Cary Hartmann met missing woman Sheree Warren in COLD season 3, episode 1: Everything Escalates

Episode credits
Research, writing and hosting: Dave Cawley
Audio production: Ben Kuebrich
Audio mastering: Ben Kuebrich
Cold main score composition: Michael Bahnmiller
Additional scoring: Allison Leyton-Brown
KSL executive producer: Sheryl Worsley
Workhouse Media executive producers: Paul Anderson, Nick Panella, Andrew Greenwood
Amazon Music and Wondery team: Morgan Jones, Candace Manriquez Wrenn, Clare Chambers, Lizzie Bassett, Kale Bittner, Alison Ver Meulen
Episode transcript: https://thecoldpodcast.com/season-3-transcript/everything-escalates-full-transcript/

Cold season 1, bonus 3: Nutty Putty – Full episode transcript

(Sound of light rain)

Dave Cawley: Standing at the top of Blowhole Hill, I can see storm cells sliding south across the Cedar Valley. Off to the west, the Tintic Mountains obscure my view of the Rush Valley. Beyond that, a sea of basin and range, stretching on across Utah and Nevada. It’s early March. Rain has already softened the ground. We’re eight miles off the pavement down a muddy, rutted dirt road.

Spencer Cannon: As you saw coming out here, there’s no fast way to get here. It takes the better part of an hour from Spanish Fork to get here. Anybody from anywhere in Utah County, the, the closest anybody would be in arrival time would be 35 to 40 minutes at the very best if somebody was coming from say Saratoga Springs or, or uh Goshen or Eureka or something like that.

Dave Cawley: If you’re not familiar with an of this geography, that’s okay. All you need to understand is we’re way off the beaten path, standing on the fringe of Utah’s West Desert next to a hole in the ground known as Nutty Putty Cave.

Spencer Cannon: The opening to the cave, it starts up on flat ground up here, flat rocky ground, and you go down into the ground about 15 feet and from there you have to go horizontal. And the only way to get through the first part of the opening, which is 10 or 15 feet long, is to either go flat on your back or flat on your stomach and just kind of move your way through carefully like that and then the cave opens up into some larger caverns.

Dave Cawley: West Valley City police case files indicate they received the first of many tips about Nutty Putty Cave on December 14th, 2009, exactly one week after the date of Susan’s disappearance. People wondered if Josh might have disposed of Susan’s body not in a mine, but in the cave.

This is a bonus episode of Cold: Nutty Putty Cave. I’m Dave Cawley.

[Ad break]

Dave Cawley: Before looking at the plausibility of the Nutty Putty Cave idea, we have to determine if Josh was even aware of the cave. I can tell you with 100-percent certainty that the answer is yes. Here’s why: while sifting through hundreds of Josh Powell’s digital files, I came across a scanned copy of a postcard. The front showed a picture the Heart of Timpanogos, a rock feature inside Utah’s Timpanogos Cave National Monument. The postcard had never been mailed. I could see the address lines on the back side were blank. 

There was no stamp or postmark. What made this postcard curious were two lines scribbled on the back in Josh’s handwriting. They read:

Eric Openshaw (as Josh Powell from undated postcard): Nutty Putty Caves in Eureka (south of Spanish Fork). Hole in the ground with maze.

Dave Cawley: I don’t know when Josh wrote those words or why. The postcard wasn’t dated. But it proved he was at the least aware of Nutty Putty. In addition, West Valley police located a few small, thumbnail images on Josh Powell’s laptop computer, the one they seized with a search warrant the day after Susan’s disappearance. One showed the opening of Nutty Putty. A timestamp showed it had been accessed on December 4th, three days before Susan’s disappearance.

Another showed a man named John Edward Jones who had died in Nutty Putty Cave the night before Thanksgiving. The timestamp for that photo showed it was accessed at 5:25 p.m. on December 6th, about the same time Josh was looking at the weather and information about Ely, Nevada.

John Jones’ death in Nutty Putty was, along with the disappearance of Susan Powell, one of the biggest Utah news stories of 2009.

John Hollenhorst (from November 26, 2009 KSL TV archive): Since Tuesday night, rescuers struggled against the unforgiving topography of Nutty Putty Cave.

Dave Cawley: John had grown up in Utah, attending Brigham Young University before leaving for medical school at the University of Virginia. He was 26 and in his second year there when he, his then pregnant wife and their 14-month-old daughter came to Utah to visit family over Thanksgiving.

John enjoyed spelunking.

Leon Jones (from November 25, 2009 KSL TV archive): He’s been in caves. I got pictures of him at the bottom of the Bloomington Caves, in a tight spot.

Dave Cawley: He’d explored other caves for fun. So on the evening of Tuesday, November 24th, 2009, he and several friends entered Nutty Putty to probe its narrow passageways. But, while wriggling through one narrow stretch at about 8:45 p.m., John became stuck. He couldn’t go forward. He couldn’t go backward. It took some time for other members of his party to discover his predicament and exit the cave, where they could call for help.

Spencer Cannon: Yeah, we got notified late at night. It was after 9 p.m. That’s not uncommon. That, that happens, but where it was, we knew right away that there were a certain set of challenges that we would have to defeat right from the very beginning. Y’know, ggetting here, getting any resources here that we needed to try and effect a rescue, so there’s a major concern there.

Dave Cawley: That’s Utah County Sheriff’s Sergeant Spencer Cannon. Nutty Putty’s remote location meant it took time just for the first responders to get to there, let alone begin the rescue.

The rescuers knew a thing or two about Nutty Putty. It had a troubled history. In fact, Nutty Putty had been closed for several years prior to 2009, due to some close calls.

John Hollenhorst (from November 26, 2009 KSL TV archive): After those earlier incidents, authorities considered closing the cave, instead they’ve allowed a caving group to manage it.

Spencer Cannon: We had two rescues within about a week of each other about four years earlier. One was, I don’t know, maybe 6 or 7 hours long. The other one was about 11 hours long. Uh, it wasn’t the exact same spot. John was stuck quite a bit further in along the same route where the other two had been rescued from.

Dave Cawley: The sheriff’s office called out its volunteer search and rescue team.

Spencer Cannon: Our search and rescue team has a number of members who are experienced cavers and uh, we had experience rescuing people from this cave relatively recently prior to this incident. The good thing about it is that, uh, if there is any good thing about having experience here, is that we, we knew what we were facing. So we knew from the outset exactly what equipment had to be here, what resources had to be here.

Dave Cawley: They went right to work. The members of John’s group told the rescuers where they would find their pinned friend.

Spencer Cannon: He was originally described to have been in an area called Bob’s Push which is just near the Birth Canal area, uh, both restricted physical features inside the cave that are challenging, but uh, it’s where a lot of people want to go when they go in the cave. He was actually beyond that in an unnamed, really unexplored part of the cave that uh, as far as we know nobody had been to. We know now that uh, John had been there, but uh, we don’t know that anybody else ever had been there.

Dave Cawley: Any hope they might have had for a quick and easy rescue evaporated once they reached John’s location.

Eldon Packer (from November 26, 2009 KSL TV archive): Where he is trapped he is on a bend, so there is no there is no way to really get a hold on him to be able to pull him directly straight back.

Dave Cawley: “Constricted” doesn’t begin to describe the narrow space.

Eldon Packer (from November 26, 2009 KSL TV archive): We’ve never seen anything this technical, this tough to get in and get this person out.

John Hollenhorst (from November 26, 2009 KSL TV archive): The Rescuers had to squeeze through narrow twisting passageways. John Jones’ feet were sticking out, his head down, his body completely plugging a narrow tunnel 10 to 14 inches wide.

Spencer Cannon: We were fully confident when we got here that, uh, we’d be able to effect the rescue. It’s what, it’s what our search and rescue volunteers do. They, they don’t uh, go someplace expecting to not have the kind of success they want and it took quite a few hours, even, even 15, 20 hours into it we were still confident that uh, we’d be able to get John rescued and out of there.

Dave Cawley: John had become stuck while angled downward about 70 or 80 degrees, with his arms under his chest. The rescuers could see little more than his ankles. Only the smallest members of the rescue team could even reach the spot.

Spencer Cannon: The areas where they were down in there, uh, sometimes you were making another turn before you even finished the other one that you just came through. And in confined areas like that, you had to have small people.

Dave Cawley: The rescuers worked through the night and into the next morning. Nothing they tried seemed to work. As they tugged at John, his rib cage caught on a lip of rock. It was as if he’d been ratcheted into place.

John Hollenhorst (from November 26, 2009 KSL TV archive): State senator John Valentine has been a volunteer search and rescue worker for 30 years. He says the problem the rescuers could not overcome was a small lip of rock, at a critical bend in the narrow tunnel.

John Valentine (from November 26, 2009 KSL TV archive): The lip basically captured the center part of his body, so as you pulled against it, you were pulling like against a fishhook.

Dave Cawley: John was able to communicate with his rescuers, but not see them. They kept up a constant dialogue with him, seeking to buoy his spirits. Meantime, his family waited, hour after hour outside the cave.

Leon Jones (from November 25, 2009 KSL TV archive): John is an incredible young man. And as an old guy I look up to John, umm, and idolize him. He’s a great example to me.

Spencer Cannon: We let them know that he was talking, he was singing church songs. We let them know that we had set up a communication line so that he could talk to his wife, uh, I think he even talked to some other family members as well.

We had that communication line up, partly already in there for the, for the rescue operation, the volunteers that were conducting it.

Dave Cawley: Most media trucks couldn’t make the final climb up the rocky slope of Blowhole Hill, so Spencer met reporters partway down the side.

Spencer Cannon (from November 25, 2009 KSL TV archive): Anytime you’re in a position where you don’t have control over when you come and go, it’s gonna have an effect on a person emotionally.

Spencer Cannon: We were doing the best we could to make sure the media and then along that with the public knew exactly what was going on.

Dave Cawley: The rescue effort continued straight through the day on Wednesday. At one point, the rescuers rigged up a pulley system along the walls of Nutty Putty. They made progress inching John back up over the lip. 

Rescuer (from November 25, 2009 KSL TV archive): He’s free of the tightest spot where gravity was really working against him and he didn’t have any leverage. There’s still some more tight spots in the cave, actually I think we got him past all the hard spots now.

Dave Cawley: But a rope failed and when it did, John dropped back into the trap more tightly than before.

Spencer Cannon (from November 25, 2009 KSL TV archive): We had him to a level spot where he wasn’t heading down hill with his head below his feet. Uh, during the course of that they have a raising system that uh, that was helping to hold him in position. Uh, one of the devices that is part of that system, uh, failed, uh, and uh, Mr. Jones actually ended up falling back into the area where he had been stuck for so long.

Dave Cawley: Best anyone could figure, John was about 125 feet below the surface. Pinpointing his position from above proved tricky. The place he was stuck was unmapped. Drilling to down to him might miss the mark entirely.

As Josh Powell was at Airgas that same afternoon, hounding employees about buying an oxyacetylene torch, exhausted search and rescuers were struggling with an unsolvable problem at Nutty Putty.

Spencer Cannon: I think that there were no options available that were not considered, even seriously considered.

Dave Cawley: Time and gravity conspired against them. John’s head-down position was precarious because it meant blood pooled in his head. His heart had to work extra hard to push that blood away from his brain. Consider it the cardiac equivalent of running a marathon while pinned in place. The strain, hour after hour, proved too much.

Eldon Packer (from November 26, 2009 KSL TV archive): We were able to send some, one of our cavers in close enough to him that they were able to check him, determine that he did pass away.

Dave Cawley: John died just before midnight on November 25, 2009.

Spencer Cannon: Yeah it was 11:56 p.m. on Wednesday night just before Thanksgiving day.

Dave Cawley: His death came just over 27 hours from the point at which he’d first been stuck. Even then, the fatigued rescuers questioned how they would ever manage to free him.

Spencer Cannon: Once John had been declared dead, there were discussions about “How do we get him out?” There were some rather distasteful discussions as well, things that nobody really wanted to do but ultimately the decision was made that uh, it was too much risk for the rescuers to remain there in an effort to get him out and the decision was made to leave him in place.

Dave Cawley: Leaving John’s body in the cave presented some unique considerations. For one, what would keep anyone else from disturbing his final resting place?

Spencer Cannon: Those issues were part of the discussion and uh, if the decision was made that he would have to remain in the cave, uh it then becomes a sacred place for the families. We did not want it to be disturbed for, for John’s sake, for the sake of the families and their uh, peace of mind and to make it a place that they can come back with at least fond memories of John.

Dave Cawley: The effort to rescue John had made headlines across the country. Deputies knew some people would be drawn to the site like birds to a pile of seed.

Spencer Cannon: Initially there had been a gate down at the, at the main entrance to the cave. That stayed in place initially.

Dave Cawley: Could that gate alone protect John’s remains, forever? The cave sat on public land, owned by the state of Utah. The county sheriff floated the idea of closing the cave, permanently.

Spencer Cannon: Yeah, there were a number of uh, uh, entities that were brought into that discussion. There was the officials from the Schools and Institutional Trust Lands Administration, the sheriff’s office, caving enthusiasts here in Utah County and around Utah—

Dave Cawley: The grotto, right?

Spencer Cannon: —the grotto, grotto clubs, we took input from everybody in, in making the decision. John’s family was included in that discussion as well.

Dave Cawley: The idea met immediate resistance, including from the man who’d first discovered and named Nutty Putty in 1960.

Alex Cabrero (from December 3, 2009 KSL TV archive): These cavers understand the tragedy but think the cave could’ve eventually been reopened.

Daniel Kimball (from December 3, 2009 KSL TV archive): Just because of a tragedy, doesn’t mean you have to close it down.

Kyle Parker (from December 3, 2009 KSL TV archive): I think we should have a say on whether or not. We understand the risks in what we are doing and it’s something that we really love to do.

Dave Cawley: Those arguments did not prove persuasive.

Trevor Bradford (from December 3, 2009 KSL TV archive): I think it was kind of a rash decision for them to just close it all at once.

Dave Cawley: At the end of the week, the Utah County Sheriff’s Office made the call.

Alex Cabrero (from December 3, 2009 KSL TV archive): 

The Utah School and Institutional Trust Lands Administration or SITLA which owns the lands said in a statement “while SITLA recognizes that some in the caving community disagree with this decision, SITLA believes that the consensus decision of the various government entities with responsibility for land management, public safety, and search and rescue to close the cave was the correct one.”

Dave Cawley: Nutty Putty would be sealed.

Spencer Cannon: Exactly how to do that was under discussion. What we ended up doing is our EOD folks, our bomb squad, went in. There was an opening not too far from where John was that kind of constricts the, it’s a constricture that you have to go through to where John is and they took a large amount explosives in there, placed them around that smaller opening, came out of the cave and then set that off and the idea was to cause all that rock to come down and close that part of the opening. That happened on the 1st of December. Then uh, on the morning of the 2nd of December, they had a load of concrete come out here — I believe it was about 30 yards — that was poured down into the main opening to give it as permanent of closure as you could get for it.

[Scene transition]

Dave Cawley: You might be able to see where this going, but there’s a reason I came out to Nutty Putty myself to speak with Spencer Cannon about that tragedy, more than nine years later. The idea that Susan Powell might also be inside Nutty Putty Cave has persisted. It doesn’t work, for a few reasons.

Spencer Cannon: Susan was seen up until the 6th of December. The opening of, uh, Nutty Putty Cave was permanently closed with 30 yards of concrete and explosives on the 2nd of December.

Dave Cawley: For the sake of argument, let’s say that wasn’t the case. I asked Spencer if he would ever attempt to take a low-clearance, front-wheel-drive minivan to the top of Blowhole Hill in December, in a snowstorm.

Spencer Cannon: Not in a hundred years. I, I, I would say it would be virtually impossible for a off-the-rack, off-the-showroom-floor minivan or passenger car to get up here. Even a small four-wheel-drive SUV would be very, very difficult. Something like a Nissan Rogue or a, even a Toyota 4Runner would have a hard time. Uh, something bigger — a full-size pickup truck or full-size SUV — it’s a challenge getting up here in those vehicles. But a passenger car or a minivan like that, it’s not going to happen.

Dave Cawley: Ok, but what if Josh parked at the bottom of the hill and pulled Susan’s body up the slope in a toboggan?

Spencer Cannon: From the place that you could conceivably get close to it to carry something up and hike up here, you’re better part of a half-mile at least and you still have to hike up another 200 or 300 feet in elevation to get to where the opening of the cave was.

Dave Cawley: Say he summoned Herculean strength to make that climb. Could he then have managed to get past the locked gate and push or pull Susan’s limp body through the narrow aperture of the cave’s mouth while flat on his stomach or back?

Spencer Cannon: That first part of it would be extremely challenging carrying something that is just a, a heavy mass over 100 pounds. Strongest of people would have a hard time doing it in that kind of a configuration. Yeah, anybody who’s been in this opening or been in the Nutty Putty Cave knows how difficult it is to get in there by yourself. To get in there with somebody else or something else, it’s just not reasonable, almost impossible to do given what it would take to haul weight in there that is completely unsupported.

Dave Cawley: Where there’s a will, there’s a way as they say, right? If Josh had somehow managed to defeat all of those obstacles, he would’ve had to do it while avoiding the notice of deputies who were parked just feet away.

Spencer Cannon: There are those, uh, smaller number, who might want to go inside and, and do something or collect something and so we had deputies here 24/7 from early on Thanksgiving morning until it was, uh, sealed on December 2nd with concrete and 24/7 we had somebody here.

Dave Cawley: After that, Josh would’ve had to chisel his way through solid concrete.

Dave Cawley: So what I’m understanding is in your mind, there is zero probability that Susan Powell is here.

Spencer Cannon: Zero probability.

Dave Cawley: Susan Powell cannot be in Nutty Putty Cave.

Cold season 1, bonus 2: Marshal Misdirection – Full episode transcript

Dave Cawley: U.S. Marshal Derryl Spencer never expected the Susan Powell investigation to end up in his lap.

Derryl Spencer: I didn’t really suspect anything was gonna come of this. Umm y’know, it was quite a while from the time she went missing.

Dave Cawley: But about six months into the investigation, West Valley City police enlisted Derryl’s help. They were headed to Washington to surveil Josh Powell over Mother’s Day.

Derryl Spencer: In order for West Valley officers, y’know, to travel out of state and carry guns, they had to do it under the U.S. Marshals special deputization so I got involved in the case, uh, primarily as, as like the dad to take the team up there so that they can successfully operate.

Dave Cawley: That operation culminated in a consent search of Steve Powell’s South Hill home, which I described in episode 9 of Cold. But I didn’t explain exactly why Josh and Steve Powell agreed to let police into their home without a search warrant. Derryl Spencer was the reason.

The FBI’s mobile tracking order for Josh’s minivan had expired. The law required that the feds serve Josh with notice that they’d hidden a GPS device on his minivan. They also had to remove it.

Derryl Spencer: I had come up with the idea, y’know like, let, let me take it up there. I’ll knock on the door, we’ll see if he’ll answer the door and let’s tell him that, y’know, “hey I’m a U.S. Marshal and we’re trying to turn this into a missing persons investigation” instead of West Valley just coming after Steve Powell.

Dave Cawley: That’s just what Derryl did. Josh was suspicious.

Derryl Spencer: He starts yelling at me through the door, like “who is it?” And I said “I’m Derryl, I’m with the U.S. Marshals, y’know, can you come talk to me for a second.” He’s very hesitant to come to the door. Umm, immediately he’s like “are you a reporter?” And I just said “no, I’m not a reporter.” I had my creds out and I said “hey, if you’ll peek out the window I’ll show you my creds.” Like, I’m here for the right reasons. I said “I just, I just want to have a man-to-man conversation with you.” 

Reluctantly he did come to the door. He ate it up. He was like “yes, alright, c’mon, c’mon in.” So he invites me in the house. I tell him that I’m working very closely with the U.S. Attorney’s Office out of the District of Utah. I make up some stories about how funding comes in about how I need to, to make sure that we’re being honest with each other. And I ask him for consent to search the house. And he, he, he doesn’t want to give it to me. He’s telling me that, uh, “y’know, I can’t really let you do that.” And I just said “Well you’ve, you’ve gotta meet me halfway. You need to show me that you’re willing to work with me.”

Dave Cawley: Josh and Steve argued about the idea, before finally calling Josh’s defense attorney, Scott Williams.

Derryl Spencer: I’m like “yeah, let’s give him a call!” And so Steve, no Josh calls him, gets him on the phone and just says “hey I’ve, I’ve got a U.S. Marshal in my house.” And I can, I can hear Scott, “tell him to leave right now.” Of course, what any, any defense attorney’s going to say.

Steve ends up on the phone, pulls the phone from Josh, ends up on the phone. He’s trying to control the situation. They’re kinda talking and I can tell that he’s talking Steve out of this, like, like I’m losing ground here. And so I’m just trying to be super calm and, and I said “would it make you feel better if I talked to him?” And so he’s like “yeah, you talk to him.”

So I get on the phone, umm, with the attorney and I’ll never forget, he tells me, he’s like “y’know what, if my client stole a candy bar, I would give you the same advice.” He’s like “you need to leave the house.” And I’m like “that sounds great,” I’m like “thank you, ok thank you.” And he’s like “Derryl,” like ‘cause he knows what I’m doing on the other side of the phone.

So I’m just trying to have them hear that this conversation’s going really well and he’s like “Derryl, you know that I cannot advise my clients to, I’m not going to tell them to give you consent.” And I’m like “that’s great.” I’m like “thank you so much.” And I said “well, we all know that it’s up to your client for the final word,” and I said “so I’ll just have direct communications with them and we’ll figure out the best way to do this.” And he’s like “Derryl—” I’m like “have a great day!” I’m like, “Feel free to call back if you need to talk to them again. And so I hang up the phone. I’m like “gentlemen, I think we’re good to go. I just need you to sign the consent form. (Laughs)” 

Dave Cawley: This is a bonus episode of Cold: Marshal Misdirection. I’m Dave Cawley.

[Ad Break]

Dave Cawley: Derryl Spencer’s interactions with Josh and Steve Powell were good cop-bad cop on a grand scheme.

Derryl Spencer: I had told Steve and Josh, umm, that I had grabbed a bunch of U.S. Marshals and task force officers from the Seattle office. And so, when I really had a bunch of West Valley cops that were there. But I did not want them to know that. They hated West Valley, as you can imagine.

Umm, so I’m just like “look I just, I just grabbed a hodgepodge of, of Marshals and, and task force officers up here.” I said “they’re gonna help me so that we’re not here all day. It would take me, it would take me hours and hours.” I said “we just want to get this done.”

So we uh, I bring them in and I’m kinda just trying to hang out with Josh and Steve and keep them talking, keep ‘em comfortable. Umm, the task force officers, who were actually West Valley cops, come in and uh, y’know they start to search the house and everything. Umm, and they’re walking around and, and they’re badmouthing West Valley. Y’know and I’ve got a West Valley guy standing next to me and I’m just like “y’know, they are just the shadiest agency.” I said “as federal agents, we don’t even work with ‘em. We just, I understand where you’re coming from. And y’know, there’s just, we just have had the hardest time with them as well so I understand.” They were just eating it up. It was, it was hilarious. And uh, a very good friend of mine who’s a West Valley cop who I still hang out with every day, I’m, I’m just badmouthing West Valley right along with Josh and Steve and he looks at me and he’s just shaking his head. (Laughs) And I patted him on the back, I’m like “let’s get to work, Todd. C’mon.”

Dave Cawley: Derryl’s efforts to build a rapport with Josh and Steve bore immediate fruit. No sooner had the police left the house than Steve reached out.

Derryl Spencer: We finished and we got back together and we went to this little pizza joint just outside of Puyallup and Steve was already blowing up my phone with requests. And trying to like, help me out, give me ideas and stuff like this. And uh, he called me and I was, I was floored ‘cause we were eating dinner. I mean, I mean Josh is calling me already, it’s only been an hour.

Dave Cawley: Derryl had secured Josh’s permission to search the grounds of the Sarah Circle house in West Valley.

Derryl Spencer: And he calls me and he asks me if I can move some chairs for him while I was there. And I was like “sure, what do you, what do you need done?” And he had some chairs in one part of the back yard that he wanted moved into this shed. And I was like “ok, no problem.” So he’s, y’know, he’s already thinking we’re, we’re pretty good friends.

Dave Cawley: He used that friendship to look inside the shed, hoping to find any evidence.

Derryl Spencer: Y’know, we do an initial search and of course we’re looking for disturbed ground to see if maybe something would’ve been buried. Uh, we didn’t find anything at all interesting. Umm, but what I did find, in that shed up on a rafter up above, someone had etched with a knife, it said “here lies death.” Which was obviously somewhat concerning. I called the renters immediately and just said “hey, do you know this is here, do you know anything about this?” And she’s like “yeah, we’d seen it but it was here when we moved in.”

Nothing came of it. I don’t know why it was there. I don’t know who put it there. There was no, no, no empirical evidence that I could find that there was anything buried. There was nothing disturbed. Like, you could see the flooring in the shed. It looked very old.

[Scene transition]

Dave Cawley: A bigger issue soon arose. Derryl’s involvement with the Powell case was a bit atypical. Marshals more often hunt down fugitives in far-flung location across the globe than investigate municipal missing persons cases. Derryl was juggling fugitive task force duties. He had traveled to St. Thomas in the U.S Virgin Islands to help take down a wanted drug cartel member.

Derryl Spencer: And while I’m getting ready to do this hit, Powell’s blowing up my phone. And I’m literally, like we’re getting ready to take down a cartel member (laughs) and I’ve got Powell blowing up my phone and I don’t want to miss these phone calls. And so I’ve got, y’know, the team lead that I work for on the SWAT team leader and I was like “hey, this is super important, I got to take this call.” And he’s like “hurry, we gotta go.”

Josh Powell (from May 24, 2010 voicemail to Derryl Spencer): This is Josh, I’m calling about that airbag problem.

Derryl Spencer: So, I end up talking with uh, with Powell and he’s extremely frustrated because he knows that we, that when the tracker was getting pulled that uh, we had, we had messed something up in the van and that he wanted me to fix it. And I said “well let me reach out, reach out to West Valley, we’ll see what we can do.” And he was, he was extremely upset by that.

(Sound of phone ringing)

Steve Powell (from May 27, 2010 phone call recording): Uh, hello?

Derryl Spencer (from May 27, 2010 phone call recording):  Hey, Josh?

Steve Powell (from May 27, 2010 phone call recording): Uh no, Josh, hello, who is calling?

Derryl Spencer (from May 27, 2010 phone call recording): This is Derryl.

Steve Powell (from May 27, 2010 phone call recording): Oh uh, Derryl, this uh, with the U.S. Marshals?

Derryl Spencer (from May 27, 2010 phone call recording): Yeah, is Josh around?

Steve Powell (from May 27, 2010 phone call recording): Oh yeah, he’s kinda in the middle of something, can I have him call you back maybe, or?

Derryl Spencer (from May 27, 2010 phone call recording): Yeah, he’s got my number.

Steve Powell (from May 27, 2010 phone call recording): Is this, is this about the airbag? He was wondering about that.

Derryl Spencer (from May 27, 2010 phone call recording): Yeah, it is.

Dave Cawley: An airbag warning light had illuminated on the dashboard of Josh’s minivan.

Steve Powell (from May 27, 2010 phone call recording): Does he need to call you back on that, or, ‘cause I, I could have him call you back in a, he probably would call you back in an hour or so maybe—

Derryl Spencer (from May 27, 2010 phone call recording): Umm—

Steve Powell (from May 27, 2010 phone call recording): —is that fair Or is it just a message? ‘Cause I can give that to him.

Derryl Spencer (from May 27, 2010 phone call recording): Yeah give it to him. Umm, I’m out of the country right now so my, it’s hard for me to get cell phone service, so—

Steve Powell (from May 27, 2010 phone call recording): Oh, I understand. Yeah, that makes it really hard.

Derryl Spencer: I contacted West Valley, y’know “hey we should, we should resolve this issue.” And they just kind of laughed at me. And I was, y’know, it’s fine, I get it. Like, I, I get that we’re in this investigation. But you’ve got to give to get. You’ve got give to get. And I was like “we should fix this for him.” Number one, like, we got, we got Charlie and Braden he’s driving around with in this van. If there’s an issue, like we should fix this. Like, it’s the right thing to do.

Josh Powell (from May 27, 2010 phone call recording): Hello.

Derryl Spencer (from May 27, 2010 phone call recording): Hi Josh, it’s Derryl.

Josh Powell (from May 27, 2010 phone call recording): Oh, hey Derryl.

Derryl Spencer (from May 27, 2010 phone call recording): How’s it going?

Josh Powell (from May 27, 2010 phone call recording): Oh, it’s good.

Derryl Spencer (from May 27, 2010 phone call recording): Good.

Josh Powell (from May 27, 2010 phone call recording): What’s going on? Did, did I hear that they might be willing to do something about the airbag, or…?

Derryl Spencer (from May 27, 2010 phone call recording): Oh yeah, we’re going to get it fixed. Umm, it’s just going to take a few days, mostly because of the holiday weekend.

Dave Cawley: As Derryl saw it, the airbag issue was a way to build trust and to keep Josh talking. But he found himself standing alone on an island.

Derryl Spencer (from June 8, 2010 phone call recording): Hey is Josh there?

Josh Powell (from June 8, 2010 phone call recording): Oh yeah, this is.

Derryl Spencer (from June 8, 2010 phone call recording): Hey Josh, it’s Derryl. How are you doing man?

Josh Powell (from June 8, 2010 phone call recording): Oh hey, uh, good. How are you?

Derryl Spencer (from June 8, 2010 phone call recording): Good.

Derryl Spencer: I felt like I was having more positive communications with Josh and Steve than I was with some of the attorneys on this case (laughs) and some of the other, uh, players involved. So, it was frustrating. 

Derryl Spencer (from June 8, 2010 phone call recording): So I have, uh, pretty good news, but probably not as good of news as you’d like to hear.

Josh Powell (from June 8, 2010 phone call recording): Ok, what’s going on?

Derryl Spencer (from June 8, 2010 phone call recording): Uh, they’re definitely going to fix the airbag, umm, but you have to fill out a claim. And I can’t even begin to tell you how much headache I’ve gone through trying to get this through. Umm, so first thing tomorrow morning—

Josh Powell (from June 8, 2010 phone call recording): What is, what is a claim? I mean, is that like a very difficult process?

Dave Cawley: Josh and Steve had good reason to keep up their end of the conversation. They wanted Derryl’s help prying Josh’s digital data free from the clutches of West Valley police.

Derryl Spencer: They were trying to kinda use me as a proxy. They wanted, they were, they, like “Derryl, Derryl’s our guy. Derryl’s gonna be able to get us what we want.” And the whole time they wanted those hard drives back. They wanted those computers.

Derryl Spencer (from June 27, 2010 phone call recording): I need to bring them up to Josh though because the, the way the whole thing worked is, normally West Valley just won’t give property like this to anyone. So they’ve kind of gone out on a limb.

Dave Cawley: Josh grew tired of the game in short order. That is when Steve stepped in.

Steve Powell (from June 27, 2010 phone call recording): If you wanna, y’know if you’re in the area sometime and wanna get together, Josh is a little hesitant because of the situation he is in, but I’m not hesitant at all. 

Derryl Spencer (from June 27, 2010 phone call recording): Ok.

Steve Powell (from June 27, 2010 phone call recording): Y’know, I mean, it’s up to you though, y’know, obviously, and it’s your call.

Derryl Spencer (from June 27, 2010 phone call recording): Well to be honest with you, I’m extremely interested, and I would love to hear what you have to say.

Derryl Spencer: Steve soon became the proxy. He wanted to communicate with me instead of Josh. He wanted to be in charge of the communications. Which was fine. Steve was extremely fascinating to talk to. It was uh, yeah, it was, I always felt dark and like I needed shower after getting off the phone with him.

Derryl Spencer (from June 27, 2010 phone call recording): Y’know, I could go look at the FBI stuff, but I’d rather start fresh. I’d rather sit down and talk with you and Josh. Really hear about what you guys think should be done and then we’ll start exploring those avenues. So—

Steve Powell (from June 27, 2010 phone call recording): That’d be great. Yeah, we’d like to do that. I’d like to do that. Yeah.

Derryl Spencer: So he took over the phone calls. And when he didn’t like what I had to say and he didn’t like the direction of the conversation, he would defer to Alina and he would have Alina stonewall me.

Derryl Spencer (from July 2, 2010 phone call recording): Hey, is Steve home?

Alina Powell (from July 2, 2010 phone call recording): Umm, I’m sorry he’s not available right now.

Derryl Spencer (from July 2, 2010 phone call recording): Well what—

Alina Powell (from July 2, 2010 phone call recording): (Unintelligible)

Derryl Spencer (from July 2, 2010 phone call recording): —what about Josh? This is, uh, Derryl with the Marshals. We met when I came up there a while ago.

Alina Powell (from July 2, 2010 phone call recording): Sure. Umm, let me go see if Josh is available. 

Derryl Spencer (from July 2, 2010 phone call recording): Ok. Thanks.

Alina Powell (from July 2, 2010 phone call recording): I’m sorry, I guess he’s not available either.

Derryl Spencer (from July 2, 2010 phone call recording): Ok, umm—

Alina Powell (from July 2, 2010 phone call recording): I wasn’t sure.

Dave Cawley: During one call, Derryl told the Powells he had a trip planned to Seattle for some other business. He wanted to drop off a disc to Josh and maybe talk to Steve.

Derryl Spencer: And so he reluctantly agreed to, to have me come up. And I was like “I’m coming up anyway.” Which was not true. I was only going up there to meet him. I said “let’s just sit down and just, let’s just have this conversation.”

Alina Powell (from July 2, 2010 phone call recording): Y’know, I understand if you guys are really trying to help, that’s wonderful, we appreciate it. It’s just hard for us as outsiders to tell, “ok are they really helping or is this another interrogation tactic?” Y’know what I mean? It’s like we don’t know if they’re, y’know, we just don’t know if you’re helping or not. So—

Derryl Spencer (from July 2, 2010 phone call recording): Right.

Alina Powell (from July 2, 2010 phone call recording): But that’s good if you’ve got…

Derryl Spencer: The day before I was supposed to fly up there he had Alina call me and tell me that like if I wasn’t going to bring any of the computer stuff or any of the evidence or y’know any of these other items that were seized as evidence that, uh, he didn’t want to talk to me. And uh, at this point in time I had, y’know, I almost feel like I’m negotiating with the Powells at one level and then I’m also negotiating with West Valley. I’m like “we’ve got to give to get, gentlemen. C’mon, let’s work, let’s figure something out.” The most I could get West Valley to give me was a couple of family pictures on a CD. And I was like “ok.”

So when I called, Steve wanted to know what I was bringing. Like, I mean, I, I felt like, I felt like a pirate landing on the beach. I’m like, this is what we’re dealing with. Umm, so I just said “y’know I’ve got some family photos and some stuff like that.” And he’s like “well, we wanted computer stuff.” I’m like “I’m sorry, I just, this is, I’m working with West Valley.” And he basically tells me, he’s like “yeah, I’m not going to meet with you tomorrow.”

Derryl Spencer (from July 2, 2010 phone call recording): And, and don’t get me wrong, I understand where you guys are coming from. You have to be very selective because everyone you’ve delt with has been poking Josh on the forehead and I would hope by now Josh is starting to understand that, with me working with him on the airbag and with me, y’know, bringing photos up to him, I’m not going to ask him any questions, it’s not going to be like last time where we wanna go through the house. There’s nothing like that. 

Derryl Spencer: So Alina calls me back pretty late into the night and she’s like “ok, you can come up.” And I’m like “alright.” I’m like “well, can I talk to Josh or Steve?” And she’s like “no, they’re busy. They asked me to call you.” Meanwhile, I can hear these two having a conversation in their, y’know, their house was very small. And I’m like “well Alina,” I’m like “I can hear them talking behind you.” I said “I’m not sure why they’re, they’re using you to do the communications.” And I said “that’s fine. I like you.” And I said “You and I, you and I can, y’know, I’ll open up a dialogue up with you about any part of this any time you want.” And “y’know you can, you can talk to me whenever you want. You know that, right?” You can call me and stuff like that. She was like, she was pretty stonewalled. Umm, I mean, she was just doing what daddy said, told her to do.

[Ad break]

Dave Cawley: At the beginning of July 2010, Steve reserved a conference room at the South Hill Library, the same place he’d first met with West Valley detectives half a year earlier.

Derryl Spencer: We were supposed to meet at like 1 o’clock and then he, of course he’s got to be in charge of everything so he’s gotta, and I need to let him think he’s in charge of everything or he’s gonna start stonewalling me. And he starts dancing around the times. And then he wants to move it. Now he wants to move it, now he wants me to come earlier. And I just said “y’know,” I said “I’m just here relaxing.” I said “I’m just gonna go grab some food.” I said “just call me whenever you’re ready. I’m, I’ve got nothing going on the rest of the day.” So, (laughs), just play your game with yourself and let me know where we’re at. So when I told him that, y’know, him realizing that I was just “whatever, dude.” He’s like “alright, I’ll meet you there now.” (Laughs) Bravo Steve, well played.

Dave Cawley: Derryl wore a wire to that meeting.

Derryl Spencer (from July 7, 2010 wire recording): West Valley police department has been under a lot of scrutiny based on how they conducted themselves—

Steve Powell (from July 7, 2010 wire recording): Yeah.

Derryl Spencer (from July 7, 2010 wire recording): —in, in totality.

Steve Powell (from July 7, 2010 wire recording): Yeah.

Derryl Spencer (from July 7, 2010 wire recording): So, shortly before we came up and met with you last time, we were approached by the U.S. Attorney—

Steve Powell (from July 7, 2010 wire recording): Uh huh, yeah.

Derryl Spencer (from July 7, 2010 wire recording): —and we were asked to basically take a look at everything and report back to the U.S. Attorney’s Office what we thought.

Steve Powell (from July 7, 2010 wire recording): Yeah, ok.

Dave Cawley: Steve wanted to know if the Marshals were working for the Mormons.

Steve Powell (from July 7, 2010 wire recording): Y’know, I’ve discussed it with family and everybody’s pretty suspicious of the Mormon church’s involvement in this and because, I mean frankly, they were very involved in my divorce and they were very, and they, and, and, most of the people that have been on the attack are Mormons here in this case too, so—

Derryl Spencer (from July 7, 2010 wire recording): Sure.

Steve Powell (from July 7, 2010 wire recording): —it’s really a, they’re kind of a vicious attack group is what they are. And, and, y’know, that what they, even the bishop, y’know, my, my ex-wife, and my bishop too attacked me during my divorce and wrote things for the court and those kinds of things so I’m really suspicious but I’ll take your word for it.

Dave Cawley: Steve spoke in rapid-fire.

Derryl Spencer: I’m not sure if he took a breath the entire time. He had so much information. I let him, I, for the most part I just listened. I let him drive that interview. I, I didn’t really have to ask any questions. I mean, I did interject at some point here and there but it was like “uh, uh, uh, go on, it’s fine.”

Dave Cawley: Steve launched into the latest revision on his theory about Susan “absconding” with another missing person, Steven Koecher.

Steve Powell (from July 7, 2010 wire recording): Susan left after Josh left and I don’t know if she left immediately but she probably didn’t wait too long. I’m guessing probably she waited a couple of hours to make sure Josh was long gone and I’m assuming that she and Koecher had some kind of a mutual friend or a contact there in West Valley City. That may be where they met or they could have met when she worked at Fidelity and he worked three blocks away at the, uh, at the Governor’s Office as an intern. So they, they could have met a number of places—

Derryl Spencer (from July 7, 2010 wire recording): Sure, yeah.

Steve Powell (from July 7, 2010 wire recording): —all along the way. We don’t know, we don’t even know that they knew each other. We’re just assuming a lot of things. At least I am.

Dave Cawley: Steve claimed Susan and Koecher had gone first to California to get fake IDs.

Steve Powell (from July 7, 2010 wire recording): At least, at this point, my guess is, that she probably had some identities, two at least, maybe more, and uh, they wanted, they needed documentation, maybe driver’s licenses that didn’t have Utah on them, clearly. I mean, they’re not going to have a Utah driver’s license and look like they look. Y’know, I’m guessing that he probably stopped shaving on, on December 7th and he probably has a beard. These are guesses, obviously.

Derryl Spencer: The way he was telling me the story and the way he was telling me what happened was almost like he’d been rehearsing it for weeks.

Steve Powell (from July 7, 2010 wire recording): I think they both went to Sacramento and I think they, they were there, they got there the evening or the afternoon of the 8th and they were there on the 9th. And on the 9th of December or on the 8th, I think they got married. So I’m saying, that’s my, that’s my conjecture. I think they went over there for documentation.

Derryl Spencer: And he was demanding that, like, I take a team of U.S. Marshals and almost get on a plane and let’s go to Brazil right now. And uh, y’know let’s, let’s put this together.

Derryl Spencer (from July 7, 2010 wire recording): I mean, to the best of your ability you, neither yourself or Josh, you don’t think Susan had a passport prior to her going missing?

Steve Powell (from July 7, 2010 wire recording):  No, neither one of us know.

Derryl Spencer (from July 7, 2010 wire recording): Josh never knew her at all apply to one, for it to be denied—

Steve Powell (from July 7, 2010 wire recording): No—

Derryl Spencer (from July 7, 2010 wire recording): —or anything like that?

Steve Powell (from July 7, 2010 wire recording): —no, never, no. No, it wouldn’t get denied. I mean, if she’d applied for passport under her name, she’s, she hasn’t done anything. She’s never, that I know of, but I mean I, no, I don’t think so. I think that we probably, I mean I suppose she could’ve committed a felony at some point, I don’t know, but I don’t think so.

Derryl Spencer: I’m just like “and I need, I need evidence.” I’m like “Brazil’s a big country. I mean that’s, I mean, this is a needle in a haystack.” I’m like “can you prove to me that they’re there? Show me.”

Dave Cawley: In the middle of the interview, Steve’ phone rang.

(Sound of phone ringing)

Steve Powell (from July 7, 2010 wire recording): Let me see if that’s Josh. Hang on. Hello?

Dave Cawley: It was Josh.

Steve Powell (from July 7, 2010 wire recording): Yeah, Josh. I’m here in this meeting with the Marshals here. What’s up? I’m at the library. Did you want to come and pick that thing up and sign for it or whatever? It’s just a CD, right?

Derryl Spencer (from July 7, 2010 wire recording): Yeah.

Steve Powell (from July 7, 2010 wire recording): What’s, what’s on that?

Derryl Spencer (from July 7, 2010 wire recording): A bunch of family photos.

Dave Cawley: Police had terabytes of his digital data and Derryl had brought that single 700 megabyte CD?

Steve Powell (from July 7, 2010 wire recording): Now is this something that, yeah because see we have all kinds of photos and this might be just stuff we already have anyway. So it’s like, y’know, Josh just feels like it’s a slap in the face. It’s an insult. You’re talking about 5 terabytes of data and they’re sending this over. Y’know, it’s just ridiculous.

Dave Cawley: Derryl redirected Steve back to the topic of Susan and Brazil.

Derryl Spencer: Show me. I said “I’m going to take this information and I’m gonna have to sell it to people who pay my bills to go places.” And I said “what you’ve given me right now is not enough.” I said “this just sounds like a story at this point in time.” And so he tried his best to prove to me that, y’know, those two, umm, were in a relationship, that they were having an affair for quite some time and that they were, y’know, they ran away, they got married and then they went down, y’know, to uh, went down to Brazil.

Dave Cawley: Steve was careful to avoid the topic of his own lust for Susan, until Derryl asked him about it.

Derryl Spencer (from July 7, 2010 wire recording): Is it true that Susan was in love with you?

Steve Powell (from July 7, 2010 wire recording): Yeah. Yeah.

Derryl Spencer (from July 7, 2010 wire recording): That’s true?

Steve Powell (from July 7, 2010 wire recording): That’s true.

Derryl Spencer (from July 7, 2010 wire recording): Ok.

Steve Powell (from July 7, 2010 wire recording): Y’know, girls fall in love with their high school teachers, y’know? They fall in love with their, y’know, it’s just a, it’s like an infatuation and that kind of a thing. So, that’s the truth, she was. And it didn’t really change.

Dave Cawley: Steve went on to claim, without any proof, that Susan had been suicidal, that she’d abused her sons and that she’d felt noncommittal about her religion.

Steve Powell (from July 7, 2010 wire recording): Y’know, Susan had every Wednesday and Thursday off and uh, and she’s claimed that she was going to the temple frequently on those Wednesdays and Thursdays.

Derryl Spencer: Y’know, Susan would go do temple work during the week and he told me that Susan never actually went to do that, that she was meeting with, with, with this Steve character. Umm, so y’know, I just took that for what it was.

Dave Cawley: Derryl’s interview with Steve proved fruitless. In the days and weeks that followed, Derryl went to work attempting to disprove the theory that Susan’s disappearance was linked to the Steven Koecher case.

Derryl Spencer: I was never able to confirm that she had attempted to get a passport, let alone had a passport, even under a potential alias that she might have used. Kinda the same thing with Steve. Was never able to corroborate any passport information. I had also kind of flagged the names with the State Department. They had no record of, of her leaving or coming and going from the country in any way, shape or form. So that also helped in kinda dialing, y’know, possibly. So I also ran Steven Koecher’s. There’s no evidence that he had left the country either. So, I felt like one of those probably would have tripped up the system at some level to show that they left the country. There was no corroborating, no empirical evidence to connect Brazil to Susan’s location at that point in time.

Dave Cawley: Derryl also did his due diligence with The Church of Jesus Christ of Latter-day Saints.

Derryl Spencer: They were helpful. But they, y’know, the church does not keep a written record of, of temple work. At that point in time they didn’t, they might do that now. But at that point in time, they did not document who actually came and did temple work that day. Umm, I think the individual temple collected that information but there was not a database that we could pull to, to get that information so we’ve kinda discredited that as well.

Dave Cawley: In the end, the entire exercise with Steve Powell served as nothing more than misdirection.

Derryl Spencer: He was doing his, I mean it’s obvious. His goals were to derail the investigation, to steer us as far away from possible what was really happening and what was going on, just to get us away from him so that they could, y’know, live in the uh, peaceful Puyallup home that they had created. But that was obvious.

[Scene transition]

Dave Cawley: As the summer of 2010 stretched on, Derryl kept pushing his colleagues at the West Valley City police department to go hands-on with Josh.

Derryl Spencer: I mean, I run a fugitive task force. My, my role in the community is a little bit different than a regular cop’s. I’m not here to help you cross the street. I’m not here to help you change a flat tire. My sole purpose, umm, Congress funds my task force, for us to chase down violent fugitives. And you don’t do that by hugging and holding hands. It’s a, it’s an aggressive job and we hurt a lot of feelings in the process. But y’know, sometimes if you ask nicely, people will just lie to you and want you to go away. So you need to, you need to think outside the box. And that’s constantly what we’re trying to do. And so that’s what I brought to this investigation.“Let’s, ‘kay, we haven’t done this, let’s do this. Hey, let’s, let’s get crazy today. Let’s be aggressive on this case. What, what do you say?” And uh, y’know, it was, it was frustrating because a lot of times I felt like I would bring these, these ideas to the table and it would be like “ok, sounds good.”

Dave Cawley: Derryl’s involvement also started to raise eyebrows up the chain of command. He and detective Ellis Maxwell were at that point several months into their hunt for Summer the stripper.

Derryl Spencer: So we’re getting to that point where the Marshal Service is just like “what are we doing here? Why are we spending thousands and thousands of dollars to, to allow you to work this investigation? We’re flying you all over the country to do these things. We’re paying overtime to task force officers.” I mean, the Department of Justice and Marshal Service was, was dumping a lot of money into this investigation and at one point in time, a higher-up in the investigative branch, uh, reaches out to us and was like “What are you guys doing? If they’re not going to help you work this case, you’re done.” Like “we don’t go out and solve, y’know, crimes and put this together.” So the headquarters was starting to realize like, this is out of our scope. If they’re not going to be more proactive, we’re not going to allow you to do this any more.

Dave Cawley: At the start of November 2010, West Valley police went to Puyallup.

Derryl Spencer: Right before this happens, Marshal Service basically says “you’re done.”

Dave Cawley: The police planned to confront Josh and Steve about Susan’s childhood journals.

Derryl Spencer: This meeting needed to happen. Like, I couldn’t let it be. So, umm, nobody really knows this but I paid for my own ticket to go up there. I just, I, I, I thought if I pushed headquarters a little bit more, they were going to flat out be like “no Derryl, don’t go.” Umm, and I didn’t, it’s almost like “mom says no, I’ll go ask dad.” I just thought “well, how about I don’t ask mom or dad and I just handle it.” So I paid for my own ticket. Umm, I’m on my own dime. Uh, Ellis was already up there and I said “get a double room, I’m crashing with you.” So I went up there, he picked me up at the airport super late at night.

Dave Cawley: So, Derryl returned to the Powell house on November 16th, 2010 with West Valley police Lieutenant Bill Merritt, who he introduced as a U.S. Marshall. 

Derryl Spencer: I felt pretty good about this interaction with the Powells, for a couple reasons. Number one, I’m back in the house and so I think things are moving forward and we’re, we’re, we’re still facilitating conversation which is good, right? And I’ll never forget, uh, Charlie and Braden, the boys, were playing at my feet. And, y’know, I have two sons and so this was like “we’ve gotta fix this.” Like, “we’ve gotta, we’ve gotta make this right.”

Dave Cawley: They talked with Josh and Steve for about an hour and a half, making the case that the Powell family should provide the Marshals with Susan’s childhood journals.

Derryl Spencer: It was the first time I had seen it, but Josh was starting, starting to stand up to Steve and question him on things and they started to bicker, like pretty, pretty aggressively. Like, almost like, borderline domestic. And I’m just sitting on the couch and I’m just like so happy this is happening and watching these two, two argue and fight. The negotiations ensued about this whole thing, like “well can we just get a copy of it?” And then, of course now Steve and Josh are trying to pretend like they’re too computer stupid to figure this whole thing out.

Dave Cawley: The Powells never did end up handing over Susan’s journals and Derryl found himself off the case for good after that. A little over a year later, Josh murdered his sons and took his own life. Steve Powell was, at the time, in the Pierce County Jail.

Derryl Spencer: They went and interviewed him at the jail and he wouldn’t talk to them and he said, uh, he told investigators “if that damn Marshal would have done what I told him, this never would have happened.” So y’know, even at this stage in the investigation and the relationship I’d developed with these two jokers, like they’re still, they’re blaming me for this. Uh, which is, has never really sat well with me, not that, not that neither one of those individuals depict how I feel throughout the day but it was, it was pretty dark to kinda, like these, these, these guys are blaming me for this type thing, like, like I didn’t do my job well enough to find Susan.

Dave Cawley: Derryl Spencer should not bear the blame for what happened to the boys, even though he wishes he could have prevented it. Ultimately, responsibility rests with Josh.

Derryl Spencer: I think people underestimated the darkness and the demons that were Josh and Steve.

Dave Cawley: Derryl, a Marine who served his country in combat and who’s spent his career as a Marshal dealing with violent, dangerous criminals, told me he had the Powells pegged from the get-go. 

Derryl Spencer: I picked up on it right away. I’m like, these, these two, there’s something going on here. There’s, there, this is not right. This is, I did not have a good feeling and I immediately knew that they were capable of making a woman disappear. I could tell. In my gut, in my heart like I knew, like that this, they were involved in this. No doubt about it.

Dave Cawley: And Derryl doubts Susan’s body will ever be found.

Derryl Spencer: There’s no doubt in my mind. Not one sliver of, he did this. There’s no doubt about it. There’s no question in my mind. I knew this throughout the course of the investigation, umm, and it was so frustrating because I, I felt like we had enough evidence. Let’s get this, let’s get him into custody, let’s solve this problem and let’s build, let’s finish building the case from there. We have mechanisms, legal, just, mechanisms that we can take him into custody and hold him in a facility while we finish this investigation and we can get a better control of it. And I just didn’t feel like the district attorney’s office was supportive of that. They, y’know, we would present facts and then “here’s where we’re at.” And, and they kept denying it. And they kept denying it, which was frustrating. I’m not surprised how this ended. I’m just not.

Cold season 1, bonus 1: Anatomy of an Audio Journal – Full episode transcript

Josh Powell (from December 13, 2000 audio journal recording): I do need to be treated well. That’s probably one of the most important considerations in relationships.

Dave Cawley: Josh Powell’s recorded audio journals are one of the most unique and bizarre aspects of the Susan Powell case. When discovered by police, they provided nothing in the way of evidence. But they say so much about who Josh was and how he thought.

This is a bonus episode of Cold: Anatomy of an Audio Journal. I’m Dave Cawley, and I’m speaking with Dr. Matt Woolley, a clinical psychologist based in Salt Lake City, Utah. At my request, Matt reviewed one of Josh’s audio journals from December, 2000. Now, we’re going to talk about it.

Josh Powell (from December 13, 2000 audio journal recording): Susan has been really sweet to me. It’s been overall a really good relationship and in, in many ways, possibly the best relationship overall I’ve been in.

Dave Cawley: You and I are in a small group of people who’ve actually had the chance to listen to one of these Josh Powell audio journals in whole.

Matt Woolley: Yeah. (Laughs)

Dave Cawley: What was that experience like for you?

Matt Woolley: Umm, kind of a mix of, of very interesting and tedious. Right? Because he does spend a lot of time just cataloging and kind of talking about the mundane aspects of his day and what he’s doing. The one we shared, the one I listened to, y’know, he talks about moving in to his apartment and then he describes the various things in his apartment.

Josh Powell (from December 13, 2000 audio journal recording): That apartment, 11016 Waller Road East, apartment F304, is a very comfortable apartment. It’s, it’s big enough to have parties with a lot of people, to eat comfortably, to watch movies comfortably. And I’ve been thinking lately that that apartment might be sufficient to start off a marriage in, if I were to get married.

Matt Woolley: He says some interesting things. Even how he says those things are interesting perhaps to a trained listener like a psychologist because it reflects certain aspects of his personality. But as far as them being full of juicy details, it’s just, y’know, he’s excited that he has a complete DVD collection of Disney and, y’know, the, the, the d—, the, the, the reasons behind why he’s talking about those things may be more interesting but I have to admit, it got a little tedious at times—

Dave Cawley: Here’s a bit—

Matt Woolley: —as anyone’s daily journal would, I would think. Right?

Dave Cawley: Right?

Josh Powell (from December 13, 2000 audio journal recording): At this point, I’m honestly satisfied with my DVD collection, y’know, with a few exceptions. I’ve got a lot of Disney cartoons. I’ve got the Rogers and Hammerstine collection, some holiday and festive videos. Christmas, Mickey’s Christmas, umm, Miracle, It’s a Wonderful Life, How the Grinch Stole Christmas, Rudolph, Christmas Story, The Nightmare Before Christmas, the Charlie Brown holiday series with Christmas, Thanksgiving and, and Halloween.

Dave Cawley: One of the things that kind of blew me away about it when I first heard it is, this recording starts with Josh Powell saying, uh, “continuing on from…”

Josh Powell (from December 13, 2000 audio journal recording): Here is is, December 13th, year 2000 still. I ran out of space on the card in this recorder. So I’m going to finish up this journal entry here.

Matt Woolley: Right.

Dave Cawley: …so he’s been talking before. And now he’s going to talk for another hour and 20 minutes.

Matt Woolley: Yeah.

Dave Cawley: I mean, so, he’s committed a significant portion of his day to recording this material. And—

Matt Woolley: Right.

Dave Cawley: —you would think if you’re going to invest that much time and effort, it would be “today was a really big day and here’s why.”

Matt Woolley: Mmhmm.

Dave Cawley: And instead what we hear is “uh, y’know, I want to talk about my debt and, y’know, what I’m doing with my credit cards and…”

Matt Woolley: Right. And if you notice, I’d be interested if you saw this as well, but my feeling was the way he describes a lot of things are sort of literature-like. Instead of just casual conversation, the way you might efficiently speak about what you did that day, I think is where you were going with that is—

Dave Cawley: Mmhmm.

Matt Woolley: —he instead describes things in, in unnecessary detail in an, in sort of a narcissistic way, as if somebody is ever going to care about this. That it’s somehow important, precious information about him, eh, that some day future generations or other people might take a real interest in what he was doing that day. Just the mundane, everything would somehow be interesting and important. So I felt like it was very much a, y’know, it’s a narcissistic activity. It reflects back on himself his own self-importance that, that nobody ever would truly care about.

Josh Powell (from December 13, 2000 audio journal recording): So I need to spend a little more time taking care of this. I’ve got to scan a lot of papers to get, get rid of the actual paperwork. Then I’ve got to organize a bunch of files in my computer. And I’d really like to reformat my hard drive and re-install things a lot cleaner.

Matt Woolley: To him, in his mind and this, and this is fairly young in his, before his marriage, uh, kind of this developing delusion of his grandiosity.

Josh Powell (from December 13, 2000 audio journal recording): My current financial system of using multiple debit cards is something I’d came up with a few months ago. It seems like it was probably back in May or June when I came up with the idea.

Dave Cawley: And is this something, because I hear the question a lot from people who’ve listened the podcast and they’re surprised at all of these journals—

Matt Woolley: Mmhmm.

Dave Cawley: —you’ve got Josh keeping this audio journal. You have Steve writing just, y’know, all of these pages and pages of, of his journal. Uh, you even have Susan journaling a little bit—

Matt Woolley: Yep, yep.

Dave Cawley: —and, and so where does it cross the line from being “hey, that’s a little unusual” to “wow, that’s really strange” in your mind?

Matt Woolley: Well, first of all you have to put it in context. So, they both grew up in the LDS faith and in the LDS church journaling is highly encouraged. So, y’know, the fact that Susan kept childhood and adolescent journals wouldn’t necessarily be unusual, per se. But this, this complete cataloguing of his life, which is what he did not what she did, that’s where it kind of crosses over. Typically, journaling is a mundane activity for the journaler. And so people tend to be fairly efficient with it, if they journal at all. He liked technology and so he was drawn towards this new technology, well not necessarily new but he was on the edge—

Dave Cawley: Yeah.

Matt Woolley: —of digitally recording audio and video. But, umm, where it becomes, I think, uh, crosses a line from kind of odd to very strange is the number of hours that, that are, that are involved. Which, like you said, an hour, I don’t have an hour and 20 minutes in my day to, to do something fun—

Dave Cawley: I don’t, I don’t think many of us do, right?

Matt Woolley: —let alone, yeah. Right. And so that, just the, the sheer minutes and hours, literally hours involved in his audio and some video is incredible. And then the fact that they really are about very, uh, mundane sorts of things. He does get into describing what you might see in a journal a little bit more often like feelings and thoughts about things. However, then it becomes even more kind of this, as if he’s reading a book. It, it, he extends out his descriptions of things well beyond what you’d want to do if you were trying to efficiently record your thoughts and feelings.

And so I’d say those sorts of things combined, plus the fact that it’s really ego-centric, meaning the self. It’s all about him and his thoughts and his feelings about everything. Which, of course, somebody’s listening saying “well, it’s his journal.” But there’s very little indication that he is contemplating or processing the thoughts and feelings and behaviors of other people, other people’s motives in his life or what, how they think and how they feel. There’s really no indication that he’s thinking “oh, I wish I could make someone else happy today.” Y’know, it’s all about his own things, his, his description of how great his, I remember he said he spent $300 on a DVD player and I remember when they used to be expensive like that.

Dave Cawley: Right.

Matt Woolley: Right?

Dave Cawley: Right.

Matt Woolley: So he’s wanting to, y’know, kind of highlight that he has very nice things.

Josh Powell (from December 13, 2000 audio journal recording): I don’t really regret the DVD player. It was, uh, about a $300 purchase and now I’ve got the, y’know, hundreds of dollars-worth of DVDs that I’ve accumulated over the last couple of months. I don’t think that was really a, a problem. I don’t regret it at all.

Matt Woolley: There at times is kind of a “poor me,” sort of picked-on, y’know, attitude that I’m, I’m special but people aren’t recognizing it. So I think all of those factors together really tip the scales into the fact that this is well beyond a typical journal, but the, the highlight is just the number of hours, is y’know, I doubt, y’know, the president has quite so much audio on him.

Dave Cawley: Right. I’m glad you brought up the point about how he seems to lack this empathy for other people. Uh, there’s one particular passage in my mind where he’s talking about “I’m trying to be more active with friends.”

Josh Powell (from December 13, 2000 audio journal recording): Up at UW Seattle it was really, you became a number. I didn’t like that environment. Down in Tacoma, I feel like I have an opportunity to make friends with people where I never could up in Seattle except in church.

Dave Cawley: It’s better now that I’m in Tacoma and I’m hosting these get-togethers where people come over, and isn’t this great.

Josh Powell (from December 13, 2000 audio journal recording): I started a tradition of inviting people over every Sunday and after a few weeks that progressed into a tradition where we just get together as a group, pretty much the same core.

Dave Cawley: And then a little bit later in the recording he comes back and says…

Josh Powell (from December 13, 2000 audio journal recording): People come over to my house and instead of eating what I’m offering them, they come in and say “oh” — they look in my freezer — “oh, I want to make orange juice to go with dinner.” And “I want to put this with my dinner.” Well, eventually when they start doing that, it gets extremely expensive to have these dinners and so I’ve felt like that has, uh, been a, a burden that I can’t take these days.

Dave Cawley: There might be some normal annoyance that most of us would feel at going, y’know, “I’m kind of a poor college student, I don’t have the resources.” But at the same time, there’s almost a shift in the way his voice sounds in my ear—

Matt Woolley: Yeah.

Dave Cawley: —that this is more than just annoyance. Like, this is “how dare they?”

Matt Woolley: Yeah, I think you’re absolutely right. It’s uh, they’ve gone out of bounds of his expectation and he wants to put them back in those boundaries. So, I think specifically he said people will get something out of the fridge and say “oh, I’d like to add this to the meal.” And we don’t know what those things were but, but most likely since he was a poor college student, it might’ve been salad dressing for all we know. Nothing that, y’know, people aren’t, y’know, unthawing his meat supply for the year.

Dave Cawley: It’s not steaks. Yeah, yeah.

Matt Woolley: Right, exactly. And so, I think absolutely there’s a shift in his tone and temper in his voice when he talks about this, this really bothers him. That “how dare they” is definitely a good way to describe the feeling you get when you listen to that shift. How dare they do something in my home that I didn’t intend? Y’know, they’re here to become my friends. And so there’s no reciprocity there and there’s also no acknowledgement that maybe he was popular for a minute. People enjoy being there. They’re comfortable enough to go into his fridge. A different alternative perspective would be like “oh, it’s awesome,” y’know, “people come over and they, they help themselves to stuff. I’m really making real friends.” But no, it was, he can’t control what they’re doing in his environment and it bothers him.

Josh Powell (from December 13, 2000 audio journal recording): At this point, of course, I’m only seeing Susan and I have been for about a month now.

Dave Cawley: This also is really important in my mind because we know that it’s during one of these Sunday dinners that he hosted that he and Susan really hit it off. He didn’t go into it as much in this particular recording but in some of the others that were used in, in Cold, you hear him describe, y’know, Susan after the meal got up and, and was cleaning the dishes—

Matt Woolley: Right.

Dave Cawley: —and that’s when we fell in love.

Matt Woolley: (Laughs)

Josh Powell (from December 13, 2000 audio journal recording): Uh, I think I might’ve asked for help doing to the dishes and she volunteered so we were doing dishes together and I guess she liked that so much that she decided she really likes me.

Dave Cawley: It’s so hard for my mind to understand a 24, 25-year-old guy who meets this, y’know, cute 19-year-old and in none of these recordings, this one included, does he ever say anything about, y’know, she is so, I, I am head over heels for her—

Matt Woolley: Right.

Dave Cawley: —she is so this, that or the other. It’s—

Matt Woolley: None of that typical language.

Dave Cawley: —it’s how she serves me, how she takes care of me.

Matt Woolley: Oh yeah, very specifically. Umm, he, I, I have, if you listen to what, this, this section and then the, the Cold episodes, you obviously see that he has a plan. He is attending church functions, uh, social functions put on by his church, with the primary goal of dating. Trying to find somebody. Complains that girls don’t call him back.

Josh Powell (from December 13, 2000 audio journal recording): I sometimes have difficulty finding girls who are willing to return my phone calls, go out with me. I’ve had over the last, uh, three or four months, I’ve called a number of girls who never returned my phone calls or who always said they were too busy to go out with me.

Matt Woolley: He’s very much in, on the hunt so to speak, for finding a girlfriend and I assume then later a wife. And when he finds Susan, she has these traits that he just has been looking for. She’s very, uh, kind. He said she does, y’know, nice things for him.

Josh Powell (from December 13, 2000 audio journal recording): She’s the first girl I’ve known, that I’ve been dating, who has had a car, who comes to visit me. And y’know, in the past I’ve always been the one to pick up a girl, whether she’s visiting me or I’m visiting her, I’m always the one to do the driving so that’s a great thing.

Matt Woolley: He specifically mentions that she jumps in and does the dishes, that she washes her hands and puts everything back after she uses the bathroom. And it only takes a minute to do that.

Josh Powell (from December 13, 2000 audio journal recording): She also tends to help me clean up, like after we have a party or, or after we have dinner together at my place or something. She helps me clean it up and keeps the kitchen clean. Like when she washes her hands in the bathroom, she wipes up the sink. Which I do, too. I like to keep all that clean. It only takes a second to keep things looking really nice.

Matt Woolley: And it really is all about her serving him, her doing things for him. Her making him feel good and special. Respecting his things, the opposite of what the other guests were doing in the home. She’s putting things back, cleaning up, doing the dishes and then doing nice things for him. And then, in this journal that we listened to there’s also a section where, I mean, this is a hard-working girl. She works very hard. Uh, she goes to beauty school all day, works at J.C. Penney and then drives to his house to meet him and, and serve him again.

Josh Powell (from December 13, 2000 audio journal recording): It really shows that she cares. For her to come over here after her long day and make it a point to see me every day…

Matt Woolley: And so he’s, I think, just found the ideal, in his mind, person to feed his narcissistic self-perception that he’s special and deserves to be treated that way.

Dave Cawley: Yeah. There, as I recall, is a, a particular where he talks about when they started dating. And, uh, he almost sounds a little defensive in saying “well, this was really Susan’s idea,” and y’know, “I wasn’t sure that I wanted to give up all these other options.”

Josh Powell (from December 13, 2000 audio journal recording): When I started getting serious with Susan, it was mainly her idea. I was very hesitant to get into a relationship because I was finally feeling confident about dating and I didn’t want to let go of all my relationships that I could potentially develop.

Dave Cawley: Right after he’s told us that he really has no other options because girls won’t give him the time of day.

Matt Woolley: (Laughs) Right, right.

Josh Powell (from December 13, 2000 audio journal recording): Sometimes I feel like I can’t reach any girls anywhere, that for some reason or another, they won’t give me the, a chance to even go out with them.

Matt Woolley: But in his mind, being a special, precious person that’s deserving of adoration, he must have many, many options. He just hasn’t found them yet. Like—

Dave Cawley: Or, or convinced them yet.

Matt Woolley: Or convinced them yet, yeah. Let them, or given them the privilege. I mean, it’s all of that—

Dave Cawley: Right, right.

Matt Woolley: —self-absorbed, narcissistic thinking and uh, and he even kind of brushes her off at one point when, I think, was it the roommate or the friend was interested in her?

Dave Cawley: Mmhmm.

Matt Woolley: Y’know, he’s like “well,” y’know, “I just,” y’know, “he could have her.” Y’know, he was very nonchalant about it.

Josh Powell (from December 13, 2000 audio journal recording): Tim and I were sort of flirting with her and Tim got her phone number and eventually called her. I was, I gave her my phone number, I didn’t, y’know, everyone was teasing me and I didn’t want to really get her phone number and do what everyone is teasing me that I always do. I didn’t want to be the second person to get it after Tim already got her phone number. Whatever the reasons, I just kind of let it go to some extent.

Matt Woolley: But of course, at that point when he’s saying that, she’d already come around to, to liking him so it was a no-risk way of brushing it off. He knew she was hooked on him.

Dave Cawley: Yeah. That’s a great observation, because there was a competition happening there, I think, for a short time for Susan’s attention between Josh and this particular friend.

Matt Woolley: Yeah.

Dave Cawley: And, and it’s interesting to see the way, uh, he goes back and describes in some other recordings, y’know, when he and Susan met that friend was there and, y’know, was she paying attention to me? Was she paying attention to him?

Matt Woolley: Yeah.

Dave Cawley: And this kind of, uh, this kinda tug-of-war about, y’know, if she pays attention to him, then she’s worthless and I don’t care about her.

Matt Woolley: Absolutely. Not worth going after. Where, y’know, I mean, that, that, y’know, male competition for a girl when you’re in college, of course, happens all the time. But you would probably have somebody in Josh’s position who’s a normally functioning person have a very different approach, which is like, “what can I do to win her?” Like, what can I do? Y’know, she’s seeming to pay attention to my roommate or my friend more than me, but I really like her. Y’know, she’s the light of my life. I’ve got to have her. I’m gonna do this and that. None of that.

Dave Cawley: Mmhmm.

Matt Woolley: None of that from Josh. Josh is just like “oh, well you’re, yeah, worthless. You, you have no value if you’re not all about me.”

Josh Powell (from December 13, 2000? audio journal recording): I was feeling very frustrated about dating in general. I didn’t want to have anything to do with any girl. I was feeling like I might have too difficult a time finding someone who will treat me the way I want to be treated.

Dave Cawley: There was a section in the recording that I want to ask you about, umm, in particular because it really hit me when I listened to it the first time and it hasn’t really dulled as I’ve gone back and listened to it on, y’know, repeat listens. And that is this section where Josh describes Susan and her anger.

Josh Powell (from December 13, 2000 audio journal recording): I’ve seen her upset, like that day we were moving and I’ve certainly wasn’t thrilled about that. I wanna see that, that she keeps those kinds of things under control and also the way she treats other people. Like, she comes up, she has an attitude with some people like her sister or some of her friends, that she just needs to keep that under control. Which, I just want to see that she’s doing that for quite a long time before I even feel comfortable with, with her completely. And partly I’m concerned about how she would treat me, if she would pull that attitude on me, which would be completely unacceptable. I wouldn’t, I wouldn’t accept that at all. And secondly, I wouldn’t want someone to come up with some, any kind of attitude with, with our kids.

Matt Woolley: That’s the essence of it. It really isn’t about the kids. A part of a, a narcissist is, they feed themselves their own story, uh, over and over again and kind of reinforcing their own self-worth and their own self-importance. And part of that is being like a good person. Like, I’m better than the rest of you. I’m smarter. Uh, in this case, uh, I’m more righteous and moral. I’m above the rest of you. And so he would say things, in my opinion, in these audio journals, they’re really messages to himself. Like, oh I don’t know that I should choose a woman like this because it might be bad for my future children. But then he goes on to talk about what the real underlying thrust is, I want to get a woman who will serve me all the time, be subservient. And she has a little bit of her own gumption.

Dave Cawley: Yeah.

Matt Woolley: And I, and I think that if we were, if we had been able to see, y’know, examples of what he’s talking about, it probably would’ve been a normal 19-year-old girl, oh I think he uses the word “attitude”—

Dave Cawley: Mmhmm.

Matt Woolley: —“she has an attitude.” Well, of course. She’s 19 and she’s an individual person. She’s gonna have a little attitude when people, when things don’t go her way. That’s—

Dave Cawley: And, and especially dealing with a personality like Josh’s.

Matt Woolley: Of course. He’s very controlling and—

Dave Cawley: Yeah.

Matt Woolley: —rigid and, and so yeah. When she pushed back on him a little bit, we don’t know exactly what that was—

Dave Cawley: Mmhmm.

Matt Woolley: —in dating, which I would assume was very normal and typical. The, the average person would probably look at that and say “oh yeah, that’s, she’s just being, she’s asserting herself as a normal human.” Uh, he, he did, he was worried about that. He was worried that “oh I may,” y’know, “I may not be able to control this woman the way I want to control her ‘cause she’s got a little bit of an attitude.” But then he turns it into this whole morphing of maybe she’d be abusive to the future children.

Josh Powell (from December 13, 2000 audio journal recording): I mean, I think that would screw up my kids to have someone to have a mother who isn’t stable enough with them.

Matt Woolley: That sort of theme plays out later, when after she’s gone missing and the, the investigation is on, when Josh and his father Steve are going through her childhood journals trying to prove that she was abused and she was abusive to the kids and making these stories, just fabricating stories about her abusiveness. And you could see that he was toying with that idea before they were even married—

Dave Cawley: Yeah.

Matt Woolley: —as sort of an, uh, an out or an escape, a way to blame her for problems.

Dave Cawley: Right. Yeah, rather than self-reflect and go “maybe she’s upset with me because A, B, C, or D, it’s just because she has this problem—”

Matt Woolley: Right.

Dave Cawley: “—and she’s gotta get that solved—”

Matt Wooley: Yeah.

Dave Cawley: “before,” y’know, “I will ever consider…”

Josh Powell (from December 13, 2000 audio journal recording): So Susan is always talking about marriage with me. The other day she said something like “would you let me propose to you?” And I didn’t really know what to say so I didn’t say anything. But, uh, first of all, I wouldn’t want a girl to propose to me at all. I would find that probably very uncomfortable. And secondly, I’m not really ready to, to get engaged with Susan anyway. I at least want to get to know her over the long run and see how she is, if, if her, uh, personality changes. Like, I want to see how she can handle stress and, and whether she has patience and stuff in the long run.

Matt Woolley: I think if, people who’ve listened to your podcast, they’ll recognize a theme. And that is that he sees things as kind of a zero-sum game. As plus and minus. Things are either an asset to me or they’re a liability to me. And there, there is very little, if any, I don’t recall anything I’ve read or heard that would make me indicate he has true empathy. He fakes sympathy and empathy at times.

Josh Powell (from December 13, 2000 audio journal recording): I was helping her move and she was in a really stressed-out mood and she wasn’t really being very nice. Well afterwards, and I was just somewhat understanding, I guess. I wasn’t being really rude to her in response but afterwards, she felt really bad so she was going out of her way to just make it up to me, do little nice things for me.

Matt Woolley: The way normal, typical, healthy adults interact is we may be upset with each other in our marriages or relationships but we can, y’know, calm down and empathize and realize “ok, I understand why he or she was thinking this way or that way or feeling this way or that way.” And that helps us compromise and work with people, make real, genuine connections. Umm, but he, he didn’t have that. There’s nothing that I am aware of that is an example of him doing that. It’s just “she needs to serve my needs and if she’s not serving my needs and I can’t make her serve me, then she goes from an asset to a liability.”

And that’s exactly what we see happen over time as she found her own voice, so to speak. Uh, started, uh contemplating the idea that maybe he wouldn’t change. Maybe they did need to divorce and I’m sure there were lots and lots of conversations none of us will ever be privy to that planted ideas in his mind that “she’s going to become a liability. She’s a liability now. I need to eliminate that liability.” But that goes way back—

Dave Cawley: Yeah.

Matt Woolley: —to this, uh, audio journal of shortly just, what, weeks after they met?

Dave Cawley: When Josh records this audio journal, they’ve been dating for about a month and they’re about a month away from being engaged.

Matt Woolley: Yeah. (Laughs)

Dave Cawley: And it’s stunning to me that you hear Josh in this recording say “eh, y’know, Susan’s kind of been the one driving this and I don’t have this,” and less than a month later, he is, he is all in.

Josh Powell (from December 13, 2000 audio journal recording): I realized that she was serious, that she wasn’t going to just start something and walk away. And at this point, I am confident that she, that she is sincere.

Dave Cawley: He recognizes at some point during that span of time that she meets those criteria that you’re looking for—

Matt Woolley: Uh huh.

Dave Cawley: —as you described, and if you don’t lock her in—

Matt Woolley: Mmhmm.

Dave Cawley: —she will leave.

Matt Woolley: Right.

Dave Cawley: And, and maybe it’s, uh, you and I talked a little bit about this kind of idea of a narcissist having a, a protective front—

Matt Woolley: Mmhmm.

Dave Cawley: —and maybe there is that, that, y’know, little piece inside, that voice that’s going “you gotta commit her before she finds out who you really are.”

Matt Woolley: Yeah, I think that’s, that’s absolutely the truth. Umm, I’m, I’m sure he was worried about he’s found the perfect girl for him, meets all his criteria, his check, checklist and she could get away.

Josh Powell (from December 13, 2000 audio journal recording): Felt like I had to make a decision: either get with her exclusively, right then and there and let all these other girls go that I have tentatively scheduled dates with or that I’ve been talking to and that I’ve been planning to ask out any day now. Uh, I either had to let all of those girls go or get with her, to get with her. Or let her go to continue the things the way they were. So that was a very scary step.

Matt Woolley: One way to think of a, a narcissistic personality — and I’ll, I’ll just take a side-step and say personality as the psychologist thinks of it is our way of perceiving, understanding and interacting with the world. And it’s kind of auto-pilot. It’s how we do what we do when we’re not thinking about what we’re doing. It’s just us. And so it’s a very ingrained part of who we are. It is who we are. So most of our personality traits, quirky as they may be are healthy—

Dave Cawley: Mmhmm.

Matt Woolley: —and, uh, capable of us reflecting on them and realizing we may need to improve in certain areas of our life and if you’ve been married then you know there’s someone there to help you reflect on that.

Dave Cawley: Right, yeah, right.

Matt Woolley: And, and, and that can be a hard process—

Dave Cawley: Right.

Matt Woolley: —but a good one. And a, a narcissist typically you may think of them as somebody who’s not building a genuine personality structure. It’s kind of this facade, at least at first its this facade of competency. I’m special, I’m important. And it has to be perfect and pristine and, uh, elevated above everyone else because it’s false. Y’know, he was, a lot of people have told me “oh wow, he was very intelligent.” And we look through the things, we look through the report and we say “ok, he’s above average in intelligence.” But it was a particular kind. It had nothing to do with, uh, really creativity, flexibility, fluid intelligence wasn’t his thing. Interpersonal intelligence was not his thing. Uh, it was very much this mathematical type of intelligence. And it was, so kind of fits that cold exterior. His narcissistic armor, so to speak, this facade, is what he would invest all his time in. That’s who he’s talking to a lot of the time on these tapes is just building up this sense of “I’m special and precious.”

So you think of it as kind of a facade and the real person underneath kind of shrinks year after year after year. But at some point, y’know, when you’re still younger, you’re in your 20s, there may be some of that left that goes “Josh, you’ve gotta lock her down or she’s gonna get away. She’s gonna find out that you’re really not that great.” And so, over time that voice gets smaller and smaller as the narcissistic personality develops a thicker skin. And then the person essentially becomes that false person—

Dave Cawley: Hmm.

Matt Woolley: —in a way. And so I think absolutely he, he probably jumped on getting her locked down in marriage as quickly as he could because during the short period of time of dating, uh, she was demonstrating she needed, she could be who he wanted.

Josh Powell (from December 13, 2000 audio journal recording): She seems like someone I could be with because she’s got the same values in, uh, conserving energy, keeping the house clean, uh, which is important to me.

Matt Woolley: And what we know about Susan is she was attractive, uh, vivacious, energetic. Probably somebody that had a lot of offers for, for dating.

Dave Cawley: And she was just at 19 kind of entering that phase of her life where you would transition from maybe, y’know, boyfriend-girlfriend into, into some of these more serious relationships. And I think a lot of, uh, young adults in that, in that space, they go through a few relationships that, that fail and—

Matt Woolley: Mmhmm.

Dave Cawley: —and they learn along the way and they develop some of those skills.

Matt Woolley: Mmhmm.

Dave Cawley: And I personally look at, y’know, Susan and Josh and see that in some ways, marrying Josh when she did appears to have stunted Susan’s development a little bit.

Matt Woolley: Absolutely.

Dave Cawley: And it’s not until later in her, in her later 20s after she’s kind of had a, a gut full of it that she begins developing a little more independence in stepping out—

Matt Woolley: Mmhmm.

Dave Cawley: —and that puts her in conflict with her husband.

Matt Woolley: Oh yeah, very well said. Umm, that’s one of the, as, as a psychologist and working with people, umm, I’m always concerned when an 18, 19, even 20-year-old says they wanna get married. That, y’know, can work out, I know. Uh, however, that person is giving up, regardless of whether the marriage works out of not, which may be a product more of the two people developing a good dynamic together and, and one of ‘em not being a psychopath, umm, that uh, that you give up that personal development, that young adult experience.

You’ve gone, and we actually have a term for it. It’s called individuating or becoming your own self and you’ve been raised, uh, and learned all the good things and had all the support from your family, your community, etcetera. And now you’re on your own, to some degree. Uh, you’re off to college, being more independent, and you need several years of experience, uh, with taking care of yourself, managing your own finances and maybe most importantly: relationships. How do you handle friendships? How do you handle intimacy?

And so developing competency in your ability to have intimate connection with other people requires practice. It’s not something we’re born with, necessarily. Some people might be a little better at it than the rest, but we need practice. And unfortunately, the time that she could have been practicing that in dating through college, unfortunately she got married.

Dave Cawley: Yeah.

Matt Woolley: And she got married to somebody that had, uh, very ill intentions for her.

Josh Powell (from December 13, 2000 audio journal recording): In the worst case, I would probably end up moving back in with my dad, putting all my stuff into storage. I would probably pay $150 to $200 a month to store everything I own and, of course, that wouldn’t be ideal either.

Dave Cawley: Let’s talk about the broader Powell family dynamics that, uh, I, I think are kind of hinted at in this audio journal. You hear Josh talking about some of his interplay with his dad. What did you take away from that?

Matt Woolley: Umm, so I think there’s that, umm, competition between father and son. Umm, and y’know, like most boys growing up, he when he was younger, y’know, probably wanted his father’s attention and approval and that sort of thing. But when the divorce happens, then something different kind of takes over and takes place and, uh, that’s often referred to as a closed family system. And what I mean by that is, there was a divorce and, uh, the, very contentious. All the kids except for Jennifer, I believe, went with, with the father, with Steve. Josh, there was a, a, maybe a few weeks or months there where he was trying, he and his younger brother were trying to spend some time with mom but she was trying to set some, what seemed like appropriate limits and boundaries to establish, she’s come from this chaotic situation, establish an appropriate home life, uh, and hoping that Josh would give in to. And so he wouldn’t do that and he went back into this family system with his, uh, father. And a closed family system is kind of like circling the wagons, y’know, it’s us versus them. The rest of the world is bad or wrong or evil, typically, and we only can trust each other. Uh, there’s a lot of indoctrination of, kind of delusional, paranoid beliefs, typically, that are happening, which we know, umm, boundary-less.

Steve appears also to be a true narcissist with, y’know, a lot of sexual deviancies and so he would be kind of primed to have no boundaries with his children, that they were a possession of him. He owned them and could do with them what he wanted and so, uh, as they were younger I’m sure there was a lot of abuse and very questionable things that happened to those children in that home, uh, exposure to pornography maybe being the least of the concerns. And we know there was reports of sexual abuse and, and fantasies and things that were just very inappropriate for a child’s development. Josh pushes back, as a teenager would. And so there creates this competition and as soon as Josh quits just following dad’s word to the letter, then Josh becomes an enemy or a liability instead of an asset to Steve. And then Josh becomes maligned by his father as, as soon as his father sees his fiancé and, and then Susan becoming his wife, he wants to possess what Josh owns. And because he’s a sexually deviant, uh, narcissist, then it’s it’s a sexual obsession that is just remarkable.

I mean it’s, it’s unbelievable. The documentation and the, the self-aggrandizing that he has around this. He’ll even tell everyone about it. And he puts his son down. So there’s this tug back and forth during the early years of the marriage. Uh, Josh feels, uh, I think, uh, rebellion against his father and does a very odd rebellion and that is that maybe going to church and becoming an active member of the church was actually a rebellious act against his father, right?

Josh Powell (from December 13, 2000 audio journal recording): I also have been praying almost every night and reading the scriptures at some point every day with, y’know, a few exceptions when I’ve, when I haven’t for one reason or another. But overall, I think I’ve done very well with those over the last many, many months.

Matt Woolley: His father at this point was a self-described anti-Mormon, very, taking every opportunity to run the church down publicly, personally. Uh, so the perfect rebellion against Steve, at that time, for Josh would be to become an active member of the church, number one. Number two, independent from his father. So back to the audio journal that we reviewed—

Dave Cawley: Mmhmm.

Matt Woolley: — umm, he’s talking very, very detailed, very, a lot of detail in his conversation about his independence, so to speak. He has food, he has an apartment, he has things. He’s planning to decrease his debt and be self-sufficient. And so, he’s rebelling against Steve. Whereas, most fathers, a typically functioning father, would be, that’s what you hope. You hope that your kid, you’d be praising them but I’m sure Steve wasn’t. Steve wants Josh to be dependent on him because Josh is just an extension of the narcissistic father.

Josh Powell (from December 13, 2000 audio journal recording): I keep a substantial food supply. I probably have the largest food supply of anyone in my ward.

Matt Woolley: The rebellion going to church, the rebellion by being individual, uh, an individual who’s independent, plays into that relationship. But then Josh has to eat crow several times and move home and there’s that tension. Uh, however over time, Josh tends to develop and become more like his father. He takes on those, uh, harder narcissistic traits and uh, starts to align himself more with his father against his own, uh, wife. It eventually comes out that Steve propositioned Susan and Josh does very little about that, if anything. Whereas, most husbands would be, they’d be ready to fight dad—

Dave Cawley: Yeah.

Matt Woolley: —right? Like, “you kidding me?”

Dave Cawley: Yeah.

Matt Woolley: Your dad is, y’know, propositioning and, and then it’s the music he writes and the videos he shoots and the fantasies he shares. I mean, this is just a really, uh, sick focus but it’s a, he wants to possess what Josh has and push Josh out. Josh is now a liability and so Josh is fighting back. But eventually, Josh loses and Josh’s personality becomes more like his father. He aligns with his father against Susan. Susan now becomes Josh’s liability. So it’s, it’s, it’s umm, an interesting study in generational narcissism and how narcissistic parents can influence narcissistic children and they eventually become aligned in their narcissism. Maybe not in all of their behaviors and attitudes, but certainly in their narcissism.

Dave Cawley: I, in my head I’m thinking about, y’know, two ends of the, of a magnet, right? If you take—

Matt Woolley: Uh huh. (Laughs)

Dave Cawley: —two negative poles and try to push them together—

Matt Woolley: Yeah.

Dave Cawley: —they’re gonna repel each other.

Matt Woolley: Yep.

Dave Cawley: But yet there’s also, there seems to be this attraction between them.

Matt Woolley: Yeah. Yeah, it’s a push-pull, very conflict-based but kind of like you can’t tear ‘em apart.

Dave Cawley: Yeah.

Josh Powell (from December 13, 2000 audio journal recording): Sometimes it feels to me like I do too much, that I’m giving away more than I can afford. Like, giving people rides up to Seattle and who knows where else when I really can’t even afford the gas.

Dave Cawley: We can draw this out and see what happens, uh, after Steve gets arrested where now Josh almost becomes the, the alpha, in a way. Umm—

Matt Woolley: Yeah.

Dave Cawley: —and this is going well beyond the audio journal but I do think it’s, because we’re talking about this interplay relationship, that when Steve goes to jail and Josh becomes kind of the de facto head of that household—

Matt Woolley: Mmhmm.

Dave Cawley: —now he’s the one who’s calling the shots. And I’ve talked to a number of people who were privy to, y’know, the jail phone calls and things of that time who said Josh really asserted himself as being the one who was in authority at that point, which I found interesting.

Matt Woolley: And probably, yeah, definitely an interesting observation and, but, but maybe somewhat predictable—

Dave Cawley: Yeah.

Matt Woolley: —because he’s been vying for that position. There’s not a healthy father-son relationship, where your dad becomes kind of a wise mentor in, as you, and is proud of you for having your own life. There’s none of that. The only way Josh gets any real validation is at first by pleasing his dad, and then later by taking over, becoming his dad.

Dave Cawley: Yeah.

Matt Woolley: And so once dad’s out of the picture, he’s like my, it’s my turn to shine as the narcissistic alpha of this family.

Dave Cawley: One of the, the final things I wanted to kind of touch on is, if we look at, if we look at Josh, especially y’know, in this early timeframe, I’ve had the question listening to these audio journals and reviewing, y’know, the divorce file, do you think there was a, a point in time, or could there be, y’know — if somebody has a child who’s exhibiting, uh, narcissistic behaviors as they’re growing — is there a way to step in and direct or channel that in a way that’s more positive.

Matt Woolley: Yeah, that’s a great question and something that, uh, came to my mind often listening to, to the podcast episodes and then the journals that we reviewed. So you have to look at what is personality? Personality is developmental. Uh, it develops through childhood and adolescence and starts to become more solidified in adulthood. In that context, the answer would be yes. You can see developing traits of maladaptive personality early in a child’s life, sometimes back to elementary school. Uh, so narcissism and, uh y’know, interpersonal coldness, uh y’know, lack of empathy, those things can, can be seen early on.

Uh for, for any clinicians listening, y’know uh, most clinicians would say “we want to rule out other causes of that.” Y’know, there often can be things like abuse and neglect involved in that process. So certainly, y’know, interventions that reduce or eliminate abuse and neglect, provide support, healthy self-esteem and concepts early on should be employed. I personally work a lot with older children, adolescents and primarily for the reason that they’re in this developmental period where things like, whether it’s an anxiety issue, a learning disability or their personality structure is, those things are developing. It’s a great time to get in and make interventions.

To reference current research, we know that some personality disorders tend to have a fairly high loading of genetic predisposition. So, we know that with narcissism specifically and, and antisocial personality disorder and others, there seems to be fair amount of heritability. Now, that’s not destiny. Heritability is not destiny but some of these kids who are born to parents who obviously have met those criteria are at much higher risk for exhibiting those behaviors. So, from a teacher’s point of view, a, a parent’s point of view, other people involved, we would want to pay attention and as those tendencies are exhibited, it’s a great time to consult experts: pediatricians, therapists, people who can help with normal life development, uh, and kind of getting kids course-corrected. However, the problem is, one of the other generational factors may be chaos.

Dave Cawley: Hmm.

Matt Woolley: And so a lot of these kids who are born to parents who are personality disordered in this way — narcissism, antisocial — they may have parents in jail or in trouble with the law who don’t live a calm, normal lifestyle. And so, they’re also in, not just having a genetic predisposition but they’re being raised in a chaotic environment. And I think we see that with the Powell boys. Unfortunately, the potential for them having a normal, healthy life was there but Josh and his family’s influence wrecked that. Y’know, created chaos, created a stressed-out mother who was riding her bike on the freeway to work and back and not having enough to eat and this sort of abusive, chaotic, uncertain environment is, uh, the perfect environment to grow narcissistic personality.

So listeners, people who are teachers, aunts and uncles, parents, grandparents, umm, if you are, uh, concerned at all about that, instead of just wondering and worrying, y’know, talk with a professional like your pediatrician, for starters. That’s usually easy access and then maybe consult with a child or adolescent psychologist. There’s a lot that can be done early in life to help a person grow and develop.

Dave Cawley: Dr. Matt Woolley, thank you so much for, uh, taking the time to speak with us about this. Fascinating, we could go on for hours, I’m sure.

Matt Woolley: Yeah, definitely. Maybe we should, uh, go out to dinner and continue the conversation.

Dave Cawley: That’d be fantastic. Thanks, Dr. Matt Woolley.

Matt Woolley: Thanks.

Cold season 1, bonus 9: Justice Delayed – Full episode transcript

Dave Cawley: Josh Powell’s cell phone rang. It was his brother, Michael. Michael wanted to know what was up with the honk-and-wave event Josh’s father-in-law, Chuck Cox, was staging at that very moment. An event focused on Josh’s missing wife, Susan Powell. Josh and Michael’s father, Steve Powell, had gone over to the event outside the Fred Meyer grocery store in their Puyallup, Washington neighborhood to take photos. But Michael, who was living in Minneapolis, had heard Steve had lost his temper and was shooting his mouth off to reporters. This was a problem.

“We should get off the phone and deal with it,” Michael said.

Josh wasted no time. He hung up and tried to call his dad. It went to voicemail. He tried calling his younger sister, Alina, who had gone to the store with Steve. No answer there, either. He tried them each again, to no avail. Finally, on his third try, he managed to get Alina to answer. He asked her what was going on. Was it as bad as Michael was making it sound? Alina told Josh their father was engaged in a shouting match with Chuck Cox.

“It’s just not worth it,” Josh screamed into the phone.

His call waiting beeped. Michael was calling back. Josh put Alina on hold and answered his brother’s call.

“Hang up with Alina and call 911,” Michael said.

Josh did not do that. Infuriated, he hung up and went to his minivan. He sped out of the neighborhood, whipping around the block to the parking lot of the Fred Meyer store. There, he dialed Alina again. She answered and told him to get there right away.

“I’m already here,” Josh said. He told his sister he was angry Steve had lost his temper.

“You can’t control your own temper,” Alina said.

“I can keep my temper on camera,” Josh shot back.

Josh went to work trying to manage the situation. He found some reporters and pulled them away from the scrum, diverting attention from his father. It wasn’t easy, considering he had his two boys in tow, but he did it. Josh spent about 30 minutes settling the situation before calling Alina again, telling her to grab Steve and get out of there. Alina brushed him off. She said she wanted to go to the gym and relax in the pool. Josh could hear Steve, off to Alina’s side, agreeing. The pool sounded nice.

“Get your [expletive] home,” Josh ordered.

“Shut the [expletive] up,” Alina said, telling her brother not to yell at her.

This didn’t help calm Josh, who was already red hot over what’d happened. Steve had thin skin and Chuck Cox had gone right under it. This was off message, not how Josh wanted his family to behave in public. It made them look guilty. What’s worse, Charlie and Braden had seen some it, too.

Josh headed home. Once there, he called Michael back to let him know how it’d gone. Michael said this could work to their advantage. Two weeks earlier, Josh had gone to court to seek a domestic violence restraining order against the Coxes. A judge had granted a him temporary one. Michael said Chuck’s appearance at the honk-and-wave probably violated the temporary restraining order. So, Michael asked, had Josh done as he’d suggested and called 911? No. So the police hadn’t showed up at the honk-and-wave? No.

“This is a win for Chuck,” Michael shouted at his brother.

Josh said he wasn’t sure Chuck had violated the letter of the law in the temporary restraining order. Michael didn’t care. He told Josh to call 911 now. It wasn’t too late to paint Chuck as threat. Maybe they could still get him arrested. For that to work though, Josh would have to choose his words carefully. Michael told him exactly what to say. They hung up and Josh called 911. He made a bogus report against his father-in-law, accusing Chuck of stalking and accosting his family.

This call, one of hundreds involving members of the Powell family during August of 201, was captured on a wiretap. The wire was the linchpin of a major multi-state police operation I previously uncovered in Episode 11 of Cold. At the time, I knew these recordings existed. But I didn’t know the full content. Now I do.

This is a bonus episode of Cold: Justice Delayed. From KSL Podcasts, I’m Dave Cawley. Right back after the break.

[Ad break]

Dave Cawley: In July of 2020, retired West Valley City police detective Ellis Maxwell testified in Washington’s Pierce County Superior Court. Sort of. He in fact appeared via Zoom, an accommodation made by the court in light of the threat posed by Covid-19.

Stanley Rumbaugh (from July 21, 2020 court recording): Alright, Mr. Maxwell, can you hear me alright?

Dave Cawley: Uh, sort of.

Ellis Maxwell (from July 21, 2020 court recording): Yes I can. Can you hear me ok?

Dave Cawley: He in fact appeared via Zoom, an accommodation made by the court in light of the threat posed by the Coronavirus.

Stanley Rumbaugh (from July 21, 2020 court recording): Yes I can. Can you raise your right hand for me please?

Ellis Maxwell (from July 21, 2020 court recording): Yes sir.

Dave Cawley: Ellis’ testimony came as part of the civil trial between Susan Powell’s parents, Chuck and Judy Cox, and the state of Washington’s Department of Social and Health Services. The suit focused on the deaths of Susan’s sons, Charlie and Braden, at the hands of their father Josh Powell on February 5th, 2012. For the moment, let’s focus on something specific Ellis said in his testimony.

Ellis Maxwell (from July 22, 2020 court recording):  My concern was the environment inside the Powell home, umm, for these children.

Dave Cawley: Cox family attorney Anne Bremner asked Ellis during cross-examination whether he’d had concerns about the welfare of Charlie and Braden before they were taken into state protective custody months before their deaths. Ellis said yes.

Ellis Maxwell (from July 22, 2020 court recording): This is, uh, August 2011. We’ve been investigating this case for some time—

Anne Bremner (from July 22, 2020 court recording): ‘Kay.

Ellis Maxwell (from July 22, 2020 court recording): —and learned a lot of information about Steven Powell, Josh Powell, the family members inside of the home … So yeah, the environment within the home was just concerning to me because of, and there’s other stuff I can’t discuss that’s protected.

Dave Cawley: To my knowledge, the only part of this case still “protected” is the wiretap. So imagine my surprise when, around the same time Ellis made that comment, I independently gained access to more than a thousand pages of wiretap transcripts. Nobody but a small handful of police have ever had access to these documents. To be clear: no source in law enforcement, past or current, provided me this access. I obtained it on my own.

I call them transcripts, but the documents are not always verbatim accounts of the conversations. They’re more summaries sprinkled with direct quotations. And the transcripts only include conversations that were deemed pertinent by investigators at the time. State and federal laws governing wiretaps place strict limits on what, when and how police can listen in on private communications.

In this episode, we’ll reconstruct several of the most consequential conversations involving Josh, Michael and Steve Powell during that critical period in August of 2011. As a refresher, you might want to re-listen to episode 11 of this podcast, Operation Tsunami, before following up with this one. Otherwise, prepare for a never-before-revealed glimpse into what the Powells were thinking, saying and doing during those days. You will come to understand why members of law enforcement tasked with working this case had reason to fear for the safety of Charlie and Braden, a fear Susan’s parents argued Washington social workers disregarded.

[Scene transition]

Josh Powell was going to be late. It was August 23rd, 2011. Three days had passed since the disaster at the honk-and-wave. Josh was due in court in Tacoma for a hearing on his request for a permanent domestic violence protection order against Chuck Cox. The temporary restraining order authorized by the judge a couple of weeks earlier was about to expire. Josh and Chuck were both scheduled to appear before the judge at 3 p.m. It was already close to 2 and Josh wasn’t even close to ready to leave home for what, on a good day, was a 30 minute drive. Over his shoulder, Josh shouted to his younger sister Alina that he needed to go, now.

An inkjet printer made its vvvt-clunk-vvvt-clunk, spitting out page after page of paperwork. They were declarations of support Josh had solicited from his family. In fact, Josh and Michael had spent most of the morning talking about the declarations and Josh was on the phone with Michael right that moment, going through last-minute wording changes to his own statement for the court. Here’s a sample of what Josh had written.

Eric Openshaw (as Josh Powell from August 23, 2011 court declaration): In the past two years, I have primarily focused on protecting and loving my children, finding and working a regular job to provide for my children, engaging my children in fun and educational activities, and contributing to the search for Susan.

Dave Cawley: Since his wife’s disappearance, Josh had collected hours of video of himself with his sons. 

Josh Powell (from May 28, 2010 home video recording): What are you writing?

Charlie Powell (from May 28, 2010 home video recording): Mommy is a beautiful.

Josh Powell (from May 28, 2010 home video recording): That’s right.

Charlie Powell (from May 28, 2010 home video recording): Susan is beautiful.

Josh Powell (from May 28, 2010 home video recording): Yeah. How do you feel about your mommy? Do you love her?

Charlie Powell (from May 28, 2010 home video recording): Mmhmm. I’m happy about her.

Josh Powell (from May 28, 2010 home video recording): We sure love her.

Dave Cawley: Videos he planned to publish online, in an effort to present himself as a model father.

Charlie Powell (from May 28, 2010 home video recording): Michael, I’m drawing a mess, a message to mommy.

Josh Powell (from May 28, 2010 home video recording): That’s right and we will put that on a website for mommy so, so if there’s any way possible she’s going to be able to see it, huh?

Dave Cawley: “Chuck Cox is going to try and paint me as a horrible murderer,” Josh said to Michael over the phone. Michael told his brother to keep calm and do what he’d learned to do while serving in the U.S. Army: remember your training.

Josh’s declaration spanned 11 pages. He painted his missing wife’s father as the ringleader of an online mob.

Eric Openshaw (as Josh Powell from August 23, 2011 court declaration): Cox’s followers have had us under surveillance and have been communicating information back to Cox about me and my sons. … There are numerous people acting in this capacity for Cox. People have claimed it is their right and obligation to keep me under surveillance claiming it is only to protect my children from me.

Dave Cawley: He went so far as to claim, without evidence, that Chuck Cox had once threatened to kill him during an encounter near Steve Powell’s home.

Rich Piatt (from August 23, 2011 KSL TV archive): At a confrontation at a Seattle-area Lowes earlier this year, Powell claims Cox mouthed the words “you’re dead” after Powell refused to let Cox hug their grandchildren.

Dave Cawley: “Nobody can deny that I am a tremendous victim,” Josh said to Michael. “Chuck’s whole intention is to push me to the edge.”

Josh had tasked Michael with collecting screen captures of conversations in the private Facebook group titled Where is Susan Powell? People there had been discussing the case of Josh’s missing wife, often speculating he had murdered her. Josh considered this evidence of harassment. He intended to hand printouts of those screenshots to the judge.

“It’s going to be funny when I walk in there and say all these people are lawbreakers,” Josh said.

Turning to his sister Alina, Josh asked how much was left to print. There were the screenshots, several news articles and Steve’s declaration. Too much. Josh let loose a string of profanities before lashing out at his sons who were underfoot.

“Go play,” he shouted. “Don’t make me tell you again!”

He shoved a handful of highlighters into his briefcase, along with as much of the paperwork as had finished printing.

“I’m headed out the door,” Josh said to Michael before adding “oh [expletive], this isn’t going to be fast enough.”

Josh hung up and went to his minivan. He steered out of his neighborhood, headed for Tacoma. He’d only been gone a few minutes when, from the driver seat, he picked up his cell phone and called Alina back at the house. She told Josh it was good he hadn’t waited around for the print job to finish. She’d stepped away to check on Charlie and Braden and when she’d returned, she’d discovered the printer had jammed.

“This is [expletive],” Josh said. “I’m [expletive] stuck behind someone doing 30 miles per hour.”

As if Alina could do anything about that. But Josh did need a favor from her. He asked Alina to read their dad Steve’s declaration to him over the phone. She didn’t have it. The file was on Josh’s computer.

“You have to tell me the password if you want me to be able to get in,” she said.

Josh gave it to her: ab1234. Then, he said, go to the R: drive, to a folder called “Susan missing archive,” then to a folder called “restraining order against the Coxes.” She did as he asked, reading him the pertinent document.

“Oh [expletive], there’s a sheriff behind me,” Josh said. “I hope I have enough time to park, pass the media and get into the court.”

Less than 20 minutes remained before the scheduled start of the hearing and Josh still had miles to go.

“Oh my god. Oh my god. I just got stuck at a light. Oh [expletive], oh [expletive]. Come on, come on. You’ve got to be kidding me,” Josh said. “Now I’m going 20 miles an hour again. [Expletive]! Problem is, even when I get there, I’m not sure how to park.”

Alina listened on her cell phone as her brother road raged. At the same time, she picked up the home phone and dialed the court.

“Good idea,” Josh said before adding, “I wish I had a [expletive] motorcycle today.”

He’d left his old Yamaha Radian to rust in the back yard of the home he and Susan had shared in Utah when he’d moved back in with his dad in January of 2010. In his declaration, he justified that move not as effort to evade the investigation into Susan’s disappearance, but instead as a way of protecting his sons from the media.

Eric Openshaw (as Josh Powell from August 23, 2011 court declaration): They were shining bright lights into my windows all hours of the night for live shows airing in various time zones. My sons slept with me, but they did not understand the bright lights and crowds. It was giving them nightmares.

Dave Cawley: Alina relayed the directions from the court staffer to Josh, guiding him on where to park. With that done, Josh told Alina, “I’m here. I’m going in.” The hearing did not go as Josh had hoped.

Rich Piatt (from August 23, 2011 KSL TV archive): Today, Cox’s attorney denied making any statement or gesture that could have at all been construed as threatening. Cox goes on to say that it’s outrageous that Powell lies under oath when Cox just wants to see the grandkids.

Dave Cawley: The judge refused to grant a restraining order. Instead, Josh and Chuck received mutual antiharassment orders. They were to leave each other alone for the next year. After leaving the court, Josh called Michael.

“I lost,” he said.

“[Expletive] it,” Michael said. “Publish the journals. I don’t think the judge is being fair.”

For months, Josh had been trying to get someone from the national media to publish Susan’s childhood journals. He believed they would damage her reputation, leading the public to see Susan as a flawed, immoral woman.

Scott Haws (from August 25, 2011 KSL TV archive): Y’see, last month Powell’s husband Josh and her father-in-law announced they would release her personal diaries in an attempt to prove she may have had the mindset to leave her husband and children for another man.

Dave Cawley: So far, no one had actually published them. If it was going to happen, Josh would have to do assume the risk of doing it himself.

“I don’t know what to say, Mike,” Josh said. “A lot of work for nothing. Now I’ve just gotten wasted in the media and public perception and everything else.”

“There is no public perception,” Michael said, “there is just a group of 50 people that don’t like you.”

Michael suggested maybe Josh should move again, to somewhere far away. When Josh asked where, he started singing The Beach Boys hit “Kokomo,” saying “Aruba, Jamaica.” Josh wasn’t going to leave, not without his family.

“I am already gone,” Michael said. He had moved to Minnesota a year earlier, in part to get away from the maelstrom that was Susan’s disappearance.

“If you clam up now and don’t talk to anyone, then this just goes away in two weeks,” Michael added.

“Then I lose,” Josh said. He was tired of losing, tired of maintaining appearances.

“[Expletive] this good guy [expletive],” Josh said.

“You ought to have a beer for once in your life,” Michael told his brother before adding, “It’s just a [expletive] game anyway.”

Then, Josh conferenced Steve in on the call. Steve had heard from a news producer in Utah that Josh had lost in court. Michael shrugged it off. He said they should all just pretend they got exactly what they wanted. Tell the media they were going out to celebrate. Invite them out for drinks. Josh agreed this was a great plan. He picked up the home phone and called a producer for Dateline NBC. He said he’d won and Dateline should rush a camera crew over to film their family’s celebration.

“I hate to gloat,” Josh said, “I just don’t care to have any relationship with the Coxes anymore. I have already done my grieving over the loss of that entire family.”

He didn’t bother to say if that included Susan.

[Scene transition]

Dave Cawley: Dateline was not able to make the party. But a producer for ABC’s Good Morning America named Jim Vojtech did. He stayed at the Powell home late into the evening and called Steve early the next morning, on August 24th. The Powells had been flirting with ABC News about doing a big interview since the prior April, when a freelance producer had showed up on their doorstep and sweet-talked Alina into letting her inside. Steve wrote about that in a May 13th, 2011 journal entry.

Ken Fall (as Steve Powell from May 13, 2011 journal entry): We were kind of thinking that the ABC budget was probably not too slim, so we suggested to Tonya that we all go on a ferry ride from Bremerton to Seattle, and then eat at Salty’s on Alki Point, a really nice restaurant.

Dave Cawley: Steve went on to write about how Vojtech had immediately flown up from California to join them for the dinner.

Ken Fall (as Steve Powell from May 13, 2011 journal entry): They had hired a 14-seat van with a limousine driver for the occasion. … We had a nice chat on the way to Bremerton, and had time along the waterfront while waiting for the ferry.

Dave Cawley: Josh, as he often did, carried his camcorder and filmed the boys.

Tonya Kerr (from April 20, 2011 home video recording): Braden, go down the long way like J, like Charlie did.

Dave Cawley: Charlie and Braden scrambled over the rocks along the Bremerton Boardwalk, right down to the water’s edge.

Josh Powell (from April 20, 2011 home video recording): Don’t you boys dip your feet in the water. Braden, don’t step in the water.

Alina Powell (from April 20, 2011 home video recording): Well, at least they’re in swimming, y’know.

Josh Powell (from April 20, 2011 home video recording): Yeah.

Tonya Kerr (from April 20, 2011 home video recording): (Laughs) There you go.

Josh Powell (from April 20, 2011 home video recording): They’ll, they’d be ok, we could run over to ‘em. But it would make it uncomfortable for ‘em for the rest of the evening.

Alina Powell (from April 20, 2011 home video recording): Yeah, no kidding.

Dave Cawley: Josh kept filming on the ferry and at Salty’s.

Steve Powell (from April 20, 2011 home video recording): Whatever, whatever you want to order, go for it.

Charlie Powell (from April 20, 2011 home video recording): Umm, I want, umm, shrimp…

Dave Cawley: The Powells went all out on dinner, knowing ABC was picking up the bill.

Josh Powell (from April 20, 2011 home video recording): So you want a fresh fruit tart—

Charlie Powell (from April 20, 2011 home video recording): Yeah.

Josh Powell (from April 20, 2011 home video recording): —you want crab and, and lobster. 

Dave Cawley: The dinner was not cheap, as Steve noted in his journal.

Ken Fall (as Steve Powell from May 13, 2011 digital journal entry): The dinner cost over $700.00, including the tip. To put that in perspective, we go out for hamburgers and can get a pretty nice burger at McDonald’s for $1.00.

Dave Cawley: The ABC News team, Steve wrote, had pushed for an interview on that April trip. They’d wanted to have something ready to air by the end of May. Steve had played coy, saying thanks for the dinner, but they just weren’t ready.

Part of Josh’s reluctance at that point stemmed from the fact that ABC News had so far declined his request to publish Susan’s childhood journals. Josh and Steve were at the same time pitching that idea to NBC News. They’d been talking to a producer there named Shelley Osterloh. Shelley was a former employee of the company I work for, KSL, and had developed a rapport with the Powells. Through the summer of 2011, Shelley coordinated with Josh and Steve on planned interviews for an upcoming episode of Dateline. On July 7th, an NBC crew came to Steve’s house to film the boys and Susan’s journals.

Steve sat down with Dateline host Keith Morrison the next day at a hotel in Seatac for what turned out to be a three-hour interview. Here is what Steve said about it in his journal.

Ken Fall (as Steve Powell from July 9, 2011 digital journal entry): They went through about four tapes during the interview. It was a very quiet and secluded room. … They can’t tell us when they will run the Dateline program about this. There is more research to be done.

Dave Cawley: On July 9th, Josh met Shelley and the NBC crew at Tacoma’s Titlow Beach, where he allowed them to again film the boys. So much for his argument that the media gave his boys nightmares. Charlie and Braden tossed stones into the water and watched as a train rumbled by on the tracks adjacent to the beach.

(Sound of waves)

Josh Powell (from July 9, 2011 home video recording): What’s on the train, Braden?

Dave Cawley: The real prize for NBC and ABC alike was not video of the boys. It was an on-the-record interview with Josh. But he’d so far refused to commit.

The wiretap records reveal Josh spent a lot of time talking to a small handful of news producers whom he believed were on his side. When West Valley police staged their search of abandoned mines around Ely, Nevada at the start of the wiretap, Josh told Shelley “they will not find anything out in Ely, that’s for damn sure.” He also told her that before speaking to some local news reporters a few days earlier, he’d put Visine in his eyes. This, presumably, to make it appear as though he’d been crying.

Josh was tiptoeing ever closer to granting a full-blown network TV interview. What appeared to push him over the edge was his loss in court on August 23rd. He at that point conceded the need for a more powerful platform. So that how ABC’s Jim Vojtech ended up speaking with Steve the morning of August 24th, firming up plans for an interview with Josh later that day.

He interviewed with ABC after getting off work that afternoon. And he talked to Shelley again that evening, after her flight landed. Josh told her he’d have preferred to do just a single interview with all of the networks at once. Shelley explained it did not work that way, because ABC and NBC were competitors. Josh was waffling about doing an interview with Dateline, saying he only wanted to talk about Chuck Cox, the Mormons and Susan’s journals. He knew NBC would ask him about Susan and their marriage, topics he did not want to discuss. But, in the end, Josh relented. He agreed to an interview with Keith Morrison, to take place the next day: August 25th. West Valley police had other ideas.

Scott Haws (from August 25, 2011 KSL TV archive): Next on KSL 5 News at noon, more fallout surrounding the mystery of Susan Powell. The search and who’s accusing who in a war of words.

Dave Cawley: More on that after the break.

[Ad break]

Dave Cawley: Steve Powell awoke at about 5 a.m. on the morning of August 25th, 2011. He couldn’t fall back asleep, so he rose, dressed and started his day. Steve had a business meeting scheduled around noon in Kennewick. It was about a four-hour drive, so he had to be out the door pretty early.

The meeting had come about as a result of an email he’d received a week or so earlier. It was a business lead, someone from Utah who had inquired about buying furniture from Washington Correctional Industries. Steve had been skeptical about it, wondering aloud in conversations with Josh and Alina if it might be a scam or a trap. The day prior, Steve had asked his boss if Correctional Industries, their employer, might send another salesman. Everyone else was busy. It had to be Steve.

So, on the morning of the 25th, Steve drove up past Snoqualmie, joining I-90 and crossing the Cascades. Along the way, his phone rang. It was his daughter, Alina, back home. Alina told her dad about a call she’d received that morning from a producer at Inside Edition. Now they wanted to interview Josh or Steve, but Josh had said no. Steve said he couldn’t do it either, since he was on the road.

They talked about the events of the last few days. Two days earlier, as Josh had been preparing to go to court, Steve had received a phone call from a reporter with the Salt Lake Tribune. She’d seen a newly published blog post from Susan’s friend and neighbor, Kiirsi Hellewell.

Kiirsi Hellewell (from August 23, 2011 blog post): Sunday night, news broke about Josh Powell’s father, Steve Powell, having “feelings” for Susan, his own daughter-in-law. I’ve been monitoring Facebook, Twitter, and other places online and have seen many comments on this issue by emotional and outraged people on both sides. I wanted to explain why I personally decided to finally break my silence and talk about these new allegations against Steve Powell.

Dave Cawley: That’s Kiirsi’s voice. She has generously agreed to read portions of that old blog post for use in this podcast. Kiirsi went on to write about how Susan had confided her early in their friendship regarding Steve’s many violations of her privacy.

Kiirsi Hellewell (from August 23, 2011 blog post): When Susan talked about Steve Powell, she expressed extreme disgust and even feelings approaching hatred. Then she told me why she felt this way.

Dave Cawley: Kiirsi spelled out the parts we now know: Steve’s voyeurism, Susan’s rejection of his of advances and the move to Utah to escape Steve’s influence.

Kiirsi Hellewell (from August 23, 2011 Kiirsi blog post): I was, of course, shocked, horrified and disgusted to hear about this. “That’s not all,” Susan said, “there’s more.”

Dave Cawley: Kiirsi then described a conversation she’d once had with Susan, in which Susan claimed to have received a piece of mail from Steve.

Kiirsi Hellewell (from August 23, 2011 blog post): Steve Powell had sent Susan several pictures of Susan’s favorite actor.

Dave Cawley: That was Mel Gibson, for the record.

Kiirsi Hellewell (from August 23, 2011 blog post): At first, Susan thought this was actually a nice gesture on the part of Steve Powell. She wondered if he had changed, and maybe become a kinder person. Then she saw what was sitting in the middle of the stack of pictures: several pictures of naked men.

Dave Cawley: Susan had thrown the pictures in the trash, in disgust. Kiirsi explained she’d provided this information to police in the first weeks of their investigation, but had kept quiet publicly so as not to interfere with their work. She didn’t acknowledge then, but told me just recently, police had given her the green light to share what she knew before she published this blog post.

Kiirsi Hellewell (from August 23, 2011 blog post): I did not want to expose what Susan told me in deep confidence about her father-in-law. But enough is enough. … I will speak up for her now and forever in not allowing this evil to go forward unchallenged.

Dave Cawley: This was part of the police strategy to get Josh and Steve talking on the wiretap. And it worked. Steve took the call from the reporter and was blindsided by her questions about Kiirsi’s blog. Steve did his best to dodge on the specifics, but he did admit to the reporter that a “sexual energy” had existed between he and Susan.

Sarah Dallof (from August 26, 2011 KSL TV archive): Susan’s parents and friends maintain there is no truth to Steve Powell’s statements, that Susan was so uncomfortable around her father-in-law that she moved her family to Utah.

Dave Cawley: Talking to Alina on the phone later that afternoon, Steve had said it wasn’t as if he’d sent photos of himself to Susan. And even if he had sent her photos out of one of his Hustler magazines, she probably would have enjoyed it. These were kinds of conversations Steve had with his youngest daughter.

As Steve continued to drive toward Kennewick, Alina asked him to leave his phone connected and on speaker when he went into the hotel for the business meeting. She would monitor and record on her end, to make sure he was safe. Steve did just that. But, the meeting went off without a hitch. No real surprises.

Afterward, Steve talked to Alina. They agreed the timing of the meeting was strange. Why were people from Utah wanting to talk to Steve this week, with everything else that’d been going on? Alina warned her dad not to get too comfortable. Then, at 20 minutes to 2, Alina heard a knock at the door. Pierce County Sheriff’s deputies and West Valley City police were outside with a search warrant. She narrated to her father as the officers pushed past her and entered the house.

“I knew something was up, I don’t think these people are legitimate,” Steve said. “Those [expletive] [expletive].”

Alina explained TV news stations were already parked outside. They’d arrived before the police had even started stringing up their yellow tape.

“I bet they are looking for my journals on Susan,” Steve said. “God only knows what they’re looking for. What, do they think I had something to do with her disappearance? It can’t be about my relationship with Susan. They have known about that.”

Sarah Dallof (from August 26, 2011 KSL TV archive): Neighbors have been unsure how to react as police from both Washington and Utah serve a search warrant and removed bags and multiple computers from the Powell home.

Dave Cawley: Josh had also been at home when the police had arrived. His phone started to blow up, but he ignored the incoming calls and messages. He didn’t start using his phone again until a couple of hours later, after he’d left the neighborhood with his boys. His first call was to his dad.

“I’m pretty sure I don’t have a job anymore,” Josh said, explaining how the police were taking anything capable of storing digital data. Steve asked if that included his hard drive.

“I’m sure,” Josh said.

“Maybe they’re going to arrest me,” Steve said.

“They’re not going to arrest you, dad,” Josh said. “They just want the journals.”

Sarah Dallof (from August 26, 2011 KSL TV archive): Josh Powell showed us the warrant which spelled out in detail, the seven childhood journals of Susan Powell they were looking for. As well as any electronic copies, passwords, and any other evidence relating to her disappearance.

Josh Powell (from August 26, 2011 KSL TV archive): I had nothing to do with Susan’s disappearance. So, I’m not concerned about what they’re here for or whether they’re staying.

Dave Cawley: He drove south out of his dad’s neighborhood and into the neighboring community of Graham, where he stopped at Frontier Park and then called Michael. Michael’s first question was if Josh had copies of the journals saved in a safe location.

“Of course,” Josh said.

“Hey Josh, you may get a big settlement out of this thing,” Michael said. “These cops are getting sloppier and sloppier. You may be able to sue these people.”

Here, Josh conferenced Steve in on the call with Michael. Steve suggested $10 million would be a good number to go for. Josh was preoccupied though. He’d spotted a helicopter circling overhead and wondered if someone were following him. Michael said he’d even received a call from a Salt Lake Tribune reporter, the same one who’d questioned Steve about Kiirsi Hellewell’s blog. It had spooked him. He wasn’t sure how she’d even found his number. Maybe, Michael said, the police had given it to her. Then, he realized Minneapolis police might be headed for his condo right that minute. He went right to work making a backup of his computer and shuttling personal papers out to his car.

Josh’s call waiting beeped. It was Shelley Osterloh, the Dateline producer. Josh answered. He told Shelley he was ok. He had not been arrested.

“I don’t care if they take me,” Josh said. “They owe it to me to arrest me and let me have my day in court. I am talking about the entire investigation. I want them to show everything they have. The less they have on you, the more they [expletive] with you.”

The warrant raid had blown up Josh and Shelley’s schedule for the Dateline interview that afternoon, but he told her where she could find him. They met up early that evening. Steve, meantime, was talking to Michael as he continued to drive toward home.

“We are a year and nine months in and the police failed at finding Susan because they have not been trying. They have not devoted [expletive] to the investigation,” Michael said.

Then, Michael switched focus to talking about his brother.

“I don’t know what the [expletive] is going on with Josh. Remember when this [expletive] first happened and Josh was quiet and distracted? That made us nervous because he was not talking about what was going on. When there is a crisis, he becomes non-communicative.”

Steve told Michael that Alina was going to call the ACLU and tell them the police were attacking their family and trying to suppress their voice.

“It could be the Mormon church that is bankrolling this,” Steve added. “We need to figure out how to get the journals out there.”

“What’s going on with Josh,” Michael asked. “You know he keeps calling me and then he just sits there quietly. He just plays with the boys and he doesn’t say anything. He is [expletive] around and dropping calls. I just can’t talk to him.”

As if summoned, Josh dialed Steve right then. Steve conferenced him in with Michael. Josh asked where Steve was, but Steve said he did not want to say over the phone.

“Our phones have GPS and they could track us,” Josh said. “If they want it, they got it. They know exactly where I am at, too.”

Josh agreed with the idea of enlisting the help of the ACLU.

“Who wants to take on the corrupt police department,” Josh asked rhetorically before adding, “They will never arrest me.”

[Scene transition]

Dave Cawley: In another call later that evening, Michael told his dad he’d left his condo and probably wouldn’t return that night. It wasn’t safe. Michael told Steve not to do what his gut was telling him to do. Don’t talk to any reporters. Michael said they should only talk to achieve a specific goal.

“Just because you’re angry is not how to do it,” Michael said. “Nobody needs to know anything about this. Let’s not say anything until we speak to an attorney. I get dropped every time some [expletive] media person calls. I get dropped. Put the [expletive] brakes on everything.”

John Daley (from August 26, 2011 KSL TV archive): Salt Lake defense attorney Greg Skordas questions the wisdom of the man making damaging statements about Susan Powell.

Greg Skordas (from August 26, 2011 KSL TV archive): I don’t see that helping anyone at this point.

John Daley (from August 26, 2011 KSL TV archive): Especially if they might be used by prosecutors if they were to bring charges.

Greg Skordas (from August 26, 2011 KSL TV archive): All those statements can be used in, in some capacity down the road. And all those are recorded. And all those can be part of a case if the government choses to use those.

John Daley (from August 26, 2011 KSL TV archive): Skordas says his advice to both Powells would be to stop talking publicly.

Dave Cawley: Steve told Michael what was happening back at the house was a “family emergency.”

“We have a lot of family emergencies,” Michael said. “How come we have so many family emergencies? If they can do all this [expletive] without trial or evidence, makes me feel like an innocent person cannot defend themselves. Maybe we should all just become criminals and arm ourselves and next time the police come to find something they find a nasty surprise.”

[Scene transition]

Dave Cawley: Josh stayed out late that night, interviewing with Dateline’s Keith Morrison. The next morning, he called his boss and told him about the police raid.

Sarah Dallof (from August 26, 2011 KSL TV archive): West Valley police call it the most difficult case anyone in their department has ever experienced. A massive amount of evidence and a trail that lead them to Washington last night. 

Dave Cawley: He explained how detectives had seized his computers, including the one the company had provided. But not to worry. Josh said he’d gone out the night before and purchased a laptop. He’d be back up and running soon.

“I’m sure in time you’ll see all this on the news,” Josh said.

John Daley (from August 26, 2011 KSL TV archive): Josh Powell, calls the search grandstanding by West Valley. Still, he views it as a possible sign that police are considering his theory. That Susan ran away with another man.

Josh Powell (from August 26, 2011 KSL TV archive): It is definitely a different angle than they’ve been purusing.

Dave Cawley: Josh’s boss was understanding, all things considered, and said he’d try to help keep Josh on the payroll. But Josh’s problems just continued to compound. That same morning, Chuck Cox had gone to court.

Sarah Dallof (from August 26, 2011 KSL TV archive): The Cox family filed a restraining order today to block Susan’s journals from being published by the Powell family. They say, they’re pleased the police have them.

Dave Cawley: Later that afternoon, Michael called the house to check on everyone. Alina told him Steve had gone out to run errands, but Josh was at home. Michael asked to talk to him.

“Are you ok,” Michael asked when Josh picked up the phone.

“Yeah,” Josh said. “They know [expletive] well they can’t get me on anything related to Susan’s disappearance. I had nothing to do with it.”

“I don’t even feel safe talking on the phone,” Michael said, to which Josh agreed. But they did not hang up.

After a time, Josh turned to the topic of Steve’s comments about Susan and sexual energy to the Salt Lake Tribune reporter.

“I can’t believe he thinks this is ok or acceptable on any level,” Josh said. “Do you think this is ok?”

“Personally,” Michael said, “I don’t give a [expletive].”

“I can’t believe it,” Josh said. “This is the worst thing that has come out this whole time.”

“This is why I don’t keep a journal,” Michael said a bit later in the conversation.

Sam Penrod (from August 26, 2011 KSL TV archive): Steven Powell told reporters earlier this morning he is relieved West Valley police confiscated his personal journals. While admitting they contain embarrassing entries, he believes his journals will back up his claims that Susan Powell was romantically interested in him. 

Dave Cawley: “I know that Susan wants the journals published,” Josh said.

Here, Michael stopped his brother.

“You shouldn’t say to the judge what Susan thinks,” Michael said. “It makes you look like a jackass.”

“I’m not quite the dummy they say I am,” Josh said.

He went on to discuss his computer passwords, as if to prove the point, saying it was funny police were still trying to crack encryption on devices of his they’d taken almost two years earlier. He explained how he’d used long, unguessable passwords. A 20-character password, he said, was “virtually uncrackable.”

“Even if I knew my [expletive] passwords,” Josh said, “The police don’t have a right to make me tell.”

Bill Merritt (from August 26, 2011 KSL TV archive): He is the only person that we need to talk to, that we still have questions for. We still need to interview. He is the only person that has not cooperated with us to the extent that we have everything that we need. 

Dave Cawley: That night, on something of a whim, Josh decided to skip town. A bit after midnight he loaded his sleepy sons into their carseats and drove off to go camping down south near Mount Saint Helens. He didn’t bother telling Steve about this. So, on the morning of Saturday, August 27th, 2011, Steve awoke to find Josh and the boys gone. In a panic, he wondered if Josh might’ve been arrested during the night. Charlie and Braden, he feared, might already be in the hands of police or, worse yet, the Coxes. He soon learned Josh and the boys were fine.

Around noon, Steve called Michael and told him about Josh’s camping trip.

“[Expletive] him,” Michael said.

Michael wanted to know if his brother had dragged the media along for the trip. Josh had not, hoping to keep the outing private. Steve, not realizing this or not caring, had blabbed to a TV reporter from Utah about Josh going camping at midnight as, Steve said, Josh often did. Alina ratted out Steve about this when Josh called home early that same afternoon.

“That’s going to look stupid, like I’m just doing this for a show,” Josh said. “People are going think this is [expletive].”

Alina did not want to hear Josh whine. She told her brother she was going to hang up.

“Tell dad to quit saying that [expletive] in the media,” Josh said.

Alina told Josh that Steve had said it jokingly. Then, she made good on the threat and hung up on him.

Josh spent one more night out with the boys. Then, on the morning of Sunday, August 28th, 2011, he phoned home while driving back toward Puyallup. Steve answered and apologized for telling the reporter about the camping trip. Steve took his contrition even farther. He said he needed to tell Josh about something the police had found in his bedroom.

“What are they going to find in your journal,” Josh asked.

Steve said he wasn’t sure. Mostly stuff that would show he was obsessed with Susan.

“For all these years,” Josh asked.

“Yes,” Steve replied. “She did things to titillate me.”

Josh agreed with this assessment, calling Susan a “seductress.” But he added he’d only ever seen her go to the point of mild flirtation, not all-out adultery. Like, for instance, the time nearly 10 years before when she’d invited Steve to feel her freshly waxed legs.

“I’ve had chicks do that to me before,” Josh said.

He had even documented one such encounter in his audio journals, describing a time when he and Susan were engaged and she was over at his apartment.

Josh Powell (from March 6, 2001 audio journal recording): Then I got here and Susan was sitting on the couch which was kind of unusual. She usually meets me at the door. She had a blanket on her. Turns out, she’d just waxed her legs. She was waiting for me to get home so she could show me. Discretely, of course.

Dave Cawley: Josh wasn’t understanding. Steve worried police might find reason in his journals to arrest him.

“What do you mean,” Josh asked.

Steve said they should wait until he got home to talk about it, a tacit acknowledgement someone else might be listening.

“I can’t believe what I’m hearing,” Josh said.

“I can’t believe what I’m saying,” Steve replied.

Josh tried to give his dad the benefit of the doubt, figuring it wasn’t as big a deal as he was making it out to be. It’s not like Steve had done anything illegal, right? Steve seized on this line of thought. Right! If anything, his obsession showed he cared for Susan, maybe even more than Josh. It exonerated him. Whatever had happened to Susan, it was her own fault. Here, Steve mentioned how Jennifer, his first child and Josh’s older sister, had as young woman occasionally walked around the house in her underwear.

“I hope you didn’t write anything incriminating about Jennifer,” Josh said.

“No,” Steve replied.

I have read Steve’s journals. And he did write an entry on May 19th, 2005, describing a Sunday at least a decade earlier, before Steve had divorced his wife Terri. Steve had approached Jennifer while her mother was at church.

Ken Fall (as Steve Powell from May 19, 2005 journal entry): I came into the family room and saw Jenny in the little sewing nook, working on something. She had her back to me, so I looked carefully and saw that she had nothing on except bra and pantyhose. … I walked up behind her for a closer look, to see what she was doing and what she was wearing.

Dave Cawley: Steve went on to write about what’d gone through his mind as Jennifer had modeled the clothing she’d been making. Those thoughts do not need to be repeated here.

Ken Fall (as Steve Powell from May 19, 2005 journal entry): Suddenly the spell was broken when her mother arrived home from church. … That was my one and only truly erotic experience with Jenny.

Dave Cawley: Back to the phone call between Josh and his dad. Steve vaguely characterized these journals entries, telling Josh his sister had titillated him. Steve said he had felt similar feelings while reading through Susan’s childhood journals. If the police published his journals, Steve said, it could jeopardize everything. At this, Josh became angry. Not so much at what his father had thought or said in the past, but at the damage disclosure of those facts could do to Josh’s reputation in the present.

“It’s an invasion of privacy,” he fumed, before reiterating that he really hoped Steve hadn’t written anything sexual about Jennifer.

“I may have described some things about immodesty,” Steve said. He wasn’t sure and couldn’t check now because police had the only copy.

“[Expletive],” Josh said.

Steve again said they shouldn’t talk about this on the phone. But Josh was too irate to let it go. He asked his dad if he’d detailed anything illegal. Steve said he didn’t think so.

“Well there you go again,” Josh replied before calling his dad a “dirty old man.”

“Susan started it,” Steve said, “but I couldn’t stop.”

Steve said maybe he should get a restraining order to block the Pierce County Sheriff’s Office from publishing his journals. Josh called this a bad idea. It would make it look like they were trying to hide something, Josh said. The better approach was to try and get the journals invalidated as evidence.

“They can go [expletive] themselves,” Josh said, referencing the police.

He told Steve he shouldn’t have written all of that stuff. And he said, had he known about the dirty journals, he would’ve approached things differently. But he didn’t hold a grudge against his dad. With that, Josh told Steve he and the boys had arrived home. That’s right, the boys. In case you forgot, Charlie and Braden were in the minivan with Josh. They’d overheard it all.

[Scene transition]

Dave Cawley: Minutes later, Steve received a call from his son Michael. The audio blipped, leading Steve to joke police were probably recording their calls. Michael said if so, the cops should stop wasting their time and instead work on trying to find Susan. Of course, police were listening for just that very reason.

Steve put the phone on speaker, allowing Michael to hear both Josh and Alina. The four of them then discussed the search warrant raid. Michael said it had its positives. For one, it’d prompted him to organize and back up all of his data. But Josh wasn’t interested in silver linings. He griped over losing all of his photos and videos of the boys.

Alina Powell (from November 15, 2010 home video recording): Do your little dance, Braden.

Josh Powell (from November 15, 2010 home video recording): Oh it is a happy dance. That’s your happy dance? Oh, cute boy. Give me a kiss. Charlie.

Charlie Powell (from November 15, 2010 home video recording): (Laughs)

Alina Powell (from November 15, 2010 home video recording): Pshhh.

Josh Powell (from November 15, 2010 home video recording): Alright Charlie. Is that your happy dance?

Charlie Powell (from November 15, 2010 home video recording): Yeah.

Josh Powell (from November 15, 2010 home video recording): Good job. You are my special boy and I love you.

Dave Cawley: Then, there was the issue of dad’s journals. Josh had spent a few minutes thinking this over had come around on the topic. The journals, he said, would actually help ruin the public perception of Susan. He called her a “deviant,” but blamed that on her dad, Chuck Cox. Josh said Susan was a victim. At this, Steve chimed in he too was a victim.

“Let’s blame it all on the Mormons,” Josh said.

Then, Josh asked his dad if he’d ever written anything about raping Susan.

“No,” Steve said. “Just some touching.”

Josh and Alina agreed this was fine. They talked about pornography, the issue raised by Kiirsi Hellewell’s blog, with Alina saying she’d had issues about seeing male nudity until she was in her 20s. Josh too said it had taken him years to appreciate porn. Remember, this conversation was happening within earshot of Charlie and Braden.

As Steve went about shredding documents, Michael told his dad and brother they needed to stop talking to reporters.

“I have to sit here 1,700 miles away and listen to what you guys are going to say next.”

Michael said they’d overplayed their hand, telegraphing their moves to the police through the media. Now, their argument that the investigation was a hit job by the Mormons was worthless. The story was now about Steve and an affair.

Sam Penrod (from August 26, 2011 KSL TV archive): Susan Powell’s parents kept their emotions in check when told of these latest claims made by Steven Powell. Still they are very disturbed by Powell’s comments and say their daughter told them her father-in-law made unwanted advances.

Dave Cawley: Josh chimed in, voicing his frustration with Steve, saying he shouldn’t have talked publicly about his feelings for Susan. Doing so had put Charlie and Braden at risk.

Richard Piatt (from August 25, 2011 KSL TV archive): Susan’s friend and daycare provider, Debbie Caldwell, thinks about Susan’s two sons as police again search a place they’re calling home.

Dave Cawley: Michael told Josh he was just as much to blame. In fact, even more so than Steve. They’d both “got their [expletive] kicked” in the media.

Dan Medwed (from August 26, 2011 KSL TV archive): It’s an unusual case.

John Daley (from August 26, 2011 KSL TV archive): Dan Medwed, a former public defender now University of Utah law professor says he’s never seen a case like it. A woman missing for months, her husband mostly silent, then both the husband, a person of interest, and his father start making comments alleging the woman was promiscuous.

Dave Cawley: “If you lose on one battle ground, you can lose the [expletive] war. It’s now a lost cause,” Michael said.

John Daley (from August 26, 2011 KSL TV archive): Medwed says he’s baffled by the comments, which he says lowers credibility and raises suspicions about both men, potentially turning scrutiny away from Josh Powell to his father. 

Dave Cawley: So what should they do from here, Josh asked. Michael said not to say or do anything until they could take their fight into the courtroom. This was advise Steve wasn’t sure he could take. He told Michael he wanted to get out in front of the journals in media. Maybe, he suggested, they could spin it into some kind of attack on the Mormons. Michael told his dad the police had conned him into violating himself. He couldn’t spin it. When Steve insisted he could, Michael became frustrated.

“I don’t want to keep cleaning up for you and Josh,” he said. “So instead of worrying about this, let’s focus on the legal battles.”

Michael said as upset as they all were over the search warrant, they’d feel even more angry if they lost in court.

“[Expletive] the media,” Michael said. “And you and Josh both.”

Within a year and a half of that phone call, Steve Powell would be in prison and Michael, Josh, Charlie and Braden Powell would all be dead.

[Scene transition]

(Sound of court hallway)

Dave Cawley: In February of 2020, I flew from Utah to Washington to attend the opening of the civil trial between Chuck and Judy Cox and the Washington Department of Social and Health Services. The Coxes had received instructions from their attorneys not to talk to the media. We made eye contact across the hall as I entered Pierce County Superior Court, but did not speak.

Their lawsuit centered on claims of negligence on the part of the DSHS case workers who’d taken Charlie and Braden into protective custody in September of 2011, just a few weeks after the phone calls I’ve just described. In opening arguments, Cox family attorney Ted Buck told the jury of 11 men and one woman that the social workers had ignored their policies and training by failing to perform domestic violence screening.

Ted Buck (from February 18, 2020 KSL TV archive): The state utterly failed to do that assessment. Instead, when they got to the point where there was a question, “is there any domestic violence question here,” they checked “no.”

Dave Cawley: The attorneys for the state — Lori Nicolavo and Joseph Diaz — disputed this, arguing Josh Powell’s murder of his children could not have been foreseen or prevented.

Lori Nicolavo (from February 18, 2020 KSL TV archive): West Valley PD had no evidence that would support that Josh would harm his boys. And that’s the question we’re looking at.

Dave Cawley: The trial was scheduled to run for a month. The state was partway through its defense when, in mid-March, a pandemic put the whole thing on pause. And so, Susan’s parents went back to waiting. Four months passed before, in mid-July, the Washington Supreme Court cleared the way for the trial to resume. Judge Stanley Rumbaugh called the jurors back into service.

Stanley Rumbaugh (from July 9, 2020 court recording): Game on. Monday. 9 o’clock. Room 100.

Dave Cawley: At a time when millions of Americans were still facing uncertainty over their jobs, housing and health, these jurors answered the call. They came back with masks. They sat socially distanced. They picked up their legal pads, full of months-old notes, and once again listened.

Stanley Rumbaugh (from July 14, 2020 court recording): Alright, please be seated. Good morning ladies and gentlemen.

Jurors (from July 14, 2020 court recording): Good morning.

Stanley Rumbaugh (from July 14, 2020 court recording): You’ve gotta shout it out, ok?

Jurors (from July 14, 2020 court recording): Good morning.

Stanley Rumbaugh (from July 14, 2020 court recording): Ok.

Dave Cawley: While working on Cold, I’d reached out to Washington’s child protective services agency in the hopes of interviewing the myriad of social workers who’d touched Charlie and Braden’s case. An agency spokeswoman asked me to submit written questions, which I did.

Then, radio silence. She never responded. I never was able to interview the social workers. So I found it fascinating to hear from people like Rocky Stephenson, the CPS investigator who’d been tasked with looking into claims of negligence leveled against Josh.

Rocky Stephenson (from July 16, 2020 court recording): Just a statement that he was a person of interest in a missing persons, uh, uh, that’s relevant, uh, and relevant to the safety of the children but, y’know, Mr. Powell still had all of his rights intact. He hadn’t been charged, he wasn’t really even a suspect in a murder investigation.

Dave Cawley: That, we know, was incorrect. Josh was, at that time, the sole suspect.

Rocky Stephenson (from July 16, 2020 court recording): Just because a person’s a, a, a person of interest doesn’t necessarily mean that we’re not going to treat them with all fairness and respect like we would everybody else.

Dave Cawley: And Paula Strickland, a social worker contracted by the state after CPS placed Charlie and Braden with Susan’s parents. Her job was to help Chuck and Judy Cox adjust to parenting two rambunctious little boys.

Paula Strickland (from July 23, 2020 court recording): Regardless of what anyone thinks, these kids loved their dad and — particularly, Charlie was very verbal about wanting to be with this dad — and they were angry. And they were scared. And we had sent them to the grandparents who they had heard a lot of negative things about.

Dave Cawley: Paula had had repeated interactions with both Charlie and Braden during the months between their seizure by the state and their deaths at the hands of their father. She described how, in her view, the boys had been programmed by Josh to hate and fear their maternal grandparents.

Paula Strickland (from July 23, 2020 court recording): Their dad had told them that, y’know, grandma and grandpa, y’know, were bad people, that they had abused their mother, that they had stolen her journal, that Mormons are bad people, that they destroy families. So there had been a lot of this sort of programming of these negative thoughts.

Dave Cawley: And as Paula was sharing these insights with the jurors, I was reading the secret wiretap transcripts that revealed just how right she was. In one conversation between Josh and Michael, Josh had bragged about how then four-year-old Braden had told him “daddy, [expletive] the Mormons.” In another recording, Josh told six-year-old Charlie that Chuck and Judy just wanted to control him.

“When Chuck Cox is out of our lives,” Josh had said, “you’ll make more friends because Chuck Cox is abusive.”

In yet another call, Josh explained how he’d taught his sons that the Coxes were “predators.”

“I have coached them,” Josh said.

Paula Strickland (from July 23, 2020 court recording): So a lot of the work that grandma and grandpa had to do was regain these kids’ trust and help them feel safe so they could settle down. And, y’know, that’s really when I say adjustment what I mean, is helping these kids find safety again when we had rocked their world.

Dave Cawley: I’m not going to go through a blow-by-blow of the trial here. But I will mention assistant Washington attorney general Joseph Diaz in closing arguments re-iterated the state’s view that at the time of Charlie and Braden being taken into protective custody, it was not a case of domestic violence.

Joseph Diaz (from July 29, 2020 court recording): This was not a domestic violence case. And as much as the plaintiffs want to make it so, it’s not. … Mr. Powell is the sole cause of the murder of his sons. It was not due to any negligence by the state of Washington.

Dave Cawley: The jurors began their deliberations on the morning of Thursday, July 30th, 2020. The following afternoon, Judge Rumbaugh announced they’d reached a verdict.

Stanley Rumbaugh (from July 31, 2020 court recording): Question one: was the state of Washington negligent? Answer: yes. Question two: was such negligence a proximate cause of injury to the plaintiffs? Answer: yes.

Dave Cawley: The jurors calculated damages at $57.5 million dollars for each child. They assigned Josh responsibility for $8,245,000 of that, again for each child. Doing the math, the jury’s judgement against the state worked out to roughly $98.5 million. Chuck Cox, sounded relieved when I spoke to him over Zoom a couple of hours later.

Chuck Cox: Yeah, well I’m still in shock, so. (Laughs) We’ll see. Like I say, I’m just kind of waiting for the next thing and, whatever. 

Dave Cawley: The testimony had included hours of detailed descriptions of Charlie and Braden’s injuries. The big question was how long had each suffered between the start of the attack and the actual moment of death.

Chuck Cox: It was very hard. It was very, I left the rooms at, at times. … And they had their expert that said, “Oh yeah, as soon as you’re unconscious then you don’t feel anything.” Our Dr. Wecht said, “absolutely not, there’s been studies on it.” They’re saying “well, if you’re conscious, y’know, how do you know?” Well, these boys swallowed gasoline and that meant they must have been conscious ‘cause you cannot swallow if you’re unconscious.

Dave Cawley: Chuck offered thanks to his legal team — attorneys Anne Bremner, Ted Buck and Evan Bariault — for their handling of the difficult material. This fight, however, is not over. Weeks after the jury’s verdict, the state attorneys asked Judge Rumbaugh to overrule the high-dollar award, or grant a new trial. At a hearing on that motion on the very day of this episode’s release, Rumbaugh said the jury’s verdict had shocked the conscience of the court. He slashed the damages by two thirds, from nearly $100 million to just under $33 million.

Chuck told me afterward it was an insult to the jury and he intends to continue fighting for the safety of children.

Chuck Cox: We’ve done all that we can to help other people with children in care of DSHS. … That’s, that’s a positive outcome out of the tragedy. And there’s not much else you can do with it, because you can’t bring them back.

Cold season 1, bonus 6: Project Sunlight – Full episode transcript

Dave Cawley: Josh Powell went to court in Tacoma, Washington on the first day of February, 2012. He wore a jacket, a blue shirt and tie and carried a crumpled brown paper sack from a FedEx Office copy center. It contained a typed statement for the court. This is what Josh wrote.

Eric Openshaw (as Josh Powell from February 1, 2012 statement): Having demonstrated my fitness as a parent, it is time for my sons to come home.

Dave Cawley: Josh had lost custody of his sons Charlie and Braden four months earlier, after police raided the South Hill home he shared with his father. Detectives were looking for evidence related to the unsolved disappearance of Josh’s wife Susan. Instead, they’d found his father’s stash of voyeur videos.

Eric Openshaw (as Josh Powell from February 1, 2012 statement): I was living with him at the time, however, within the first month, I established my own home and I have consistently proven my fitness as a stable and loving parent.

Dave Cawley: In court, Josh’s attorney Jeff Bassett told judge Kathryn Nelson his client had done everything she’d asked of him.

Jeff Basset (from February 1, 2012 KSL TV archive): He has been nothing if, uh, if, if not cooperative to the entire, uh, everything that’s been asked of him in this case.

Dave Cawley: Josh’d even gone so far as to endure a psychological evaluation.

Eric Openshaw (as Josh Powell from February 1, 2012 statement): I have proven myself as a fit and loving father who provides a stable home even in the face of great adversity.

Dave Cawley: Not so fast. Assistant Washington Attorney General John Long told the court police in West Valley City, Utah had just shared concerning new evidence.

John Long (from February 1, 2012 KSL TV archive): Based on some information that’s been provided, uh, by a criminal, uh, investigation, a judge overseeing the criminal investigation. Uh, I think it’s clear, uh, from that court order that these, uh, can be linked to, uh, Mister Powell.

Dave Cawley: No one came right out and said it in open court that day, but the evidence in question was a set of nearly 400 pornographic images. They were digital files, most of them small thumbnails. The majority were cartoons, showing characters from animated TV series, often depicting children and adults together. Detectives and the FBI had found the thumbnails on a computer taken out of Josh and Susan’s house in Utah, the day after she disappeared in December of 2009.

In court documents, police said the images belonged to Josh. They were wrong.

This is a bonus episode of Cold: Project Sunlight. I’m Dave Cawley.

[Ad break]

Dave Cawley: Let’s go back again to Judge Kathryn Nelson’s chambers in Pierce County Superior Court on February 1st, 2012. Josh Powell’s attorney Jeff Bassett pushed back against the claim of new evidence against his client. He wondered why detectives were only then raising the issue. If the cartoon pictures were so bad, he asked, why hadn’t police just arrested Josh when they’d first found them?

Jeff Basset (from February 1, 2012 KSL TV archive): And I just think that we are allowing ourselves to be manipulated from outside sources on this case without cause.

Dave Cawley: Detective Ellis Maxwell, the lead investigator on the Susan Powell case, wasn’t in court that day. But he told me he’d tried to secure charges against Josh on those images. Prosecutors would not go for it.

Ellis Maxwell: I’m sure a lot of people were wondering, going “ok, well they’ve had this for several years but now they’re going to introduce it now.” Well that’s why.

Dave Cawley: Police also considered the images contraband, illegal to possess or view.

Ellis Maxwell: And so we had to go through the courts here and they made an exception to release the evidence to the State of Washington for review purposes and it was very specific to where only the judge and the attorney and the social workers and, y’know, it was a small scope, and I think one detective.

Dave Cawley: The judge’s order did not allow Josh to see the images. But it did grant permission for forensic psychologist James Manley to review them.

James Manley: The overall, umm, tone of these were incestuous.

Dave Cawley: James’d already delivered a report about Josh’s parenting capacity to the court in Washington. After viewing the images, he had new concerns. So, James authored a follow-up.

James Manley: I went down to the police station, talked with the guardian ad litem and the detective and the attorney general. Decided, it didn’t take much to decide but we entered a request or petition to the court for a psychosexual evaluation.

Dave Cawley: On the one side, Judge Nelson had Josh making the case for reunification. On the other side stood police, prosecutors and a psychologist, all arguing Josh might not be a safe father, based on these thumbnail images of cartoon incest pornography. Josh, for his part, seemed to make a vague reference to the pictures in his own typed statement to the court that day. He wrote:

Eric Openshaw (as Josh Powell from February 1, 2012 statement): I have recently heard rumblings that some people are dipping deep down to the bottom of the barrel in a desperate effort to find and manufacture fault with me due to their attitudes.

Dave Cawley: The word “manufacture” there is significant. Josh seemed to imply that he believed police had fabricated the new evidence. His protest didn’t sway the judge. She told Josh he was not getting his boys back that day. Instead, Judge Nelson ordered him to take the psychosexual evaluation. You know what happened next. Days after the court hearing, Josh murdered his sons and killed himself.

Gary Sanders: When he was not only not given custody but then the stipulations that they put on him, the psychosexual and some other things, I think  he, that kind of cracked him.

Chuck Cox: The psychosexual evaluation was the end of the road for him. Because, with the revelation that, y’know, he had these pictures on his computer…

Anne Bremner: It’s explicit and it’s of concern. It’s very, very disturbing and so that was something else that they knew about him. And that was found by the West Valley police on his computer.

Dave Cawley: Only, I can now tell you, it wasn’t Josh’s computer. I’ve discovered that the computer in question belonged to Susan.

[Scene transition]

Dave Cawley: Let’s step backward in time to examine how I made this discovery and what it means about ownership of those pornographic images.

Susan Powell sent an email to an old friend on Christmas Eve, 2008, a little less than a year before her disappearance. In it, she vented about the rocky state of her marriage, expressing despair over its dysfunction. She also wrote that Josh didn’t allow her to go online with his computers.

Kristen Sorensen (as Susan Powell from December 24, 2008 email): I love Facebook and Josh is still convinced using it or anything else on the web, automatically uploads evil and doesn’t trust me with most of his computers.

Dave Cawley: The only computer Josh allowed Susan to use at home was a Compaq brand iPaq, by then a nine-yearold model. In a July, 2009 Facebook message, she told another old friend the Compaq computer wasn’t all that useful.

Kristin Sorensen (as Susan Powell from July 13, 2009 Facebook message): The crappy computer I have access to at home is soo old and slow that I literally log into fb, walk away, click profile, walk away because it takes so long to load.

Dave Cawley: Josh, on the other hand, used multiple computers. He’d built a custom tower complete with a RAID array. Susan mentioned that machine in her July 2008 video documenting the family’s assets.

Susan Cox Powell (from July 29, 2008 home video): Here’s the kinds of pimping out stuff he’s done to his computer, he built it himself.

Dave Cawley: Josh also had a work-issued laptop that he often used around the house. But he didn’t seem to think his wife had much need for a computer of her own. 

Linda Bagley: The control that uh, Josh had over her, he wouldn’t let her do certain things.

Dave Cawley: In a July, 2009 email, Susan told her work friend Linda Bagley the only task Josh allowed her to use a computer for was tracking her spending.

Kristen Sorensen (as Susan Powell from July 27, 2009 email): Having every year down to the penny of totals of each category is a priority with my husband and not me.

Dave Cawley: For years, Josh’d tasked Susan with scanning his documents. Susan told Linda doing Josh’s data entry was a waste of time. She wrote:

Kristen Sorensen (as Susan Powell from July 27, 2009 email to Linda Bagley): I enter on each receipt … if it was clothing for Josh, clothing for Susan, accessories for Susan, toiletries for Susan, shoes, cosmetics … groceries is broken down to listening each item or describing if it was produce, frozen, shelf stable foods, incidentals like batteries or non-consumables. … We categorize diapers versus wipes versus diaper ointment versus children’s clothing, children books, children toys, children movies etcetera, etcetera.

Dave Cawley: Susan begged Josh for a better computer throughout 2009. He kept telling her he would build her one, but never did.

Linda Bagley: It was always the best for him and the least they could do for her, but yet she earned as much or more income than he did.

Dave Cawley: Finally, at the end of August, the Compaq iPaq died. Susan felt cut off from her friends and family and she resorted to sneaking onto Facebook at the office. She told a coworker in an email she feared those internet sessions might cost her her job.

Kristen Sorensen (as Susan Powell from September 12, 2009 Facebook message): I just found out, they might be doing “final warnings” and firing people for using “non work related websites.” … I value my job more than email. … I guess, let’s go back to the stone age of cell phones.

Dave Cawley: The solution had been staring Susan in the face for months. She knew of a family that had shut down an in-home business earlier in the year. That family owned several computers they no longer needed. Susan decided to buy one, without telling Josh. That presented a problem, though. At that time, Josh and Susan had only one car.

Linda Bagley: She didn’t get the car, it was him unless he didn’t have the, unless he had the day off maybe or something. It was always him.

Dave Cawley: So on September 18th, 2009, Susan asked her daycare provider Debbie Caldwell to swing by in her Mazda Miata. When Debbie showed up, Susan plopped down into the passenger seat and told Debbie where to go. That night, Susan bought a computer of her own for $100.

In the interest of full disclosure I should mention I know who sold Susan that computer. At this time, I’m opting not to report that detail.

Josh flipped out when he found out about Susan’s purchase.

Kristen Sorensen (as Susan Powell from September 18, 2009 email): Josh immediately pounced on the computer … I told him it was my computer and not to mess with it.

Dave Cawley: The computer was a Dell OptiPlex GX270, far from top of the line. But Susan told her coworkers in this email that it was enough.

Kristen Sorensen (as Susan Powell from September 18, 2009 email): It does what I need and that’s all I care about. I explained I wanted to do Facebook, Hotmail, PBS.org and let the kids watch movies and such.

Dave Cawley: Susan didn’t want her computer downstairs in the office, where Josh kept his computer. Instead, she cleared space in a small upstairs bedroom. And that is exactly where West Valley City police detectives found it less than three months later, when they entered the house with a search warrant.

[Scene transition]

Dave Cawley: The Dell computer next ended up at the FBI’s Intermountain West Regional Computer Forensics Lab, along with all of the rest of the digital evidence in the Powell case. I talked about the RCFL’s work in episode 12. As a refresher though, here’s FBI Supervisory Special Agent Cheney Eng-Tow.

Cheney Eng-Tow: The software we use goes in and retrieves deleted files, files that are in this so-called like unallocated space that the computer knows can use now. So we’re able to pull stuff that’s deleted and things like that.

Dave Cawley: That’s exactly where investigators found almost all of the cartoon pornography: in unallocated space on the Dell computer’s hard drive. The images had been deleted, likely as part of an automatic purge of web browser cache files. In other words, someone had visited a website hosting the images but had probably not explicitly downloaded copies of them.

Typically, computer files carry metadata that can tell you things like when the file was created, modified or last accessed. Forensic examiners can use that metadata to determine when files were downloaded from the internet. But that’s not always the case with deleted files. They’re often stripped of metadata. This presented a problem for West Valley police. When they and the FBI discovered the cartoon incest pornography in 2010, they opened a new case in the hopes of securing federal child pornography charges against Josh. Police records show a detective even screened the case with an assistant U.S. Attorney. But the AUSA refused to charge, pointing out that police could not prove Josh was the person who’d accessed the explicit cartoons.

The police, FBI and prosecutors all missed something, something that I recently discovered: a timestamp showing when at least some of those cartoon porn images were accessed. I need to take a second and explain how I discovered this. When the RCFL finished its work on the Dell computer’s hard drive, it turned over copies of its findings to West Valley police.

Cheney Eng-Tow: We provide an archive of all of the work that we do. … We also generate a digital report for them. That report will have all of the files that were deemed pertinent.

Dave Cawley: Deemed pertinent. That means the report only included copies of a subset of all of the files found by the forensic software. Now, I have a copy of this report. Reviewing it, I discovered that one of the explicit cartoons still held metadata. It showed the image had last been accessed on March 20th, 2009. That’s six months before the Dell desktop ever entered the Powell house.

That’s not all. The report also included a database indicating all of the files that the forensic software had been able to see. It did not include copies of every file, but you can use the database to see stuff like file names, sizes, metadata and the location where the file had been stored on the file system’s directory.

I know this is all really dull, but just stick with me here. Knowing the date and time from the metadata on that one cartoon image, I was able to find references in the database to several internet cookie files from cartoon pornography websites. They were created just before 1 a.m. on March 22nd, 2009. Again, six months before the Dell computer ever entered the Powell house. The prior owner had failed to wipe the hard drive when selling it to Susan.

This fact carries significant implications. It means neither Josh nor Susan could have been the person who downloaded the cartoon pornography. And because of that, the judge’s order that Josh undergo a psychosexual evaluation, an order that many people close to the case say broke Josh just days before the murder-suicide, was based on flawed information.

[Scene transition]

Dave Cawley: Josh was in a hurry. It was February 3rd, 2009. He and Susan were making final preparations for a vacation to Washington. They planned to spend the better part of a month visiting their families and old friends in the state where they had first met and fallen in love. Before leaving their home in Utah, Josh wanted to finalize the legal trust he’d been working on with an attorney. He was becoming frustrated because the lawyer wasn’t responding to his messages. He complained to Susan about it in this email.

Eric Openshaw (as Josh Powell from February 3, 2009 email to Susan Powell): I can make a generic trust with that software program just to have something done before leaving.

Dave Cawley: Susan replied with an email of her own, urging her husband to worry about it later.

Kristen Sorensen (as Susan Powell from February 3, 2009 email to Josh Powell): Seriously push for generic for now, we don’t need him delaying our entire vacation.

Dave Cawley: More practical concerns were forefront in Susan’s mind. She needed to find someone to watch their pet parrot, Triley, while they were gone.

(Sound of parrot squawking and Josh saying “hello” from undated home video recording)

Dave Cawley: Susan talked her sister-in-law Jennifer Graves into serving as the bird babysitter. But Josh just couldn’t shake his fixation with the trust.

Eric Openshaw (as Josh Powell from February 3, 2009 email to Susan Powell): Let’s plan to go over the language in detail while driving the bird to Jenny’s.

Dave Cawley: Susan made clear she wanted the legal stuff off Josh’s plate as soon as possible.

Kristen Sorensen (as Susan Powell from February 3, 2009, work email to Josh Powell): I’m really really obsessed with the idea of leaving thursday early am to arrive by dinner so if that trust works-good.

Dave Cawley: The looming 15 hour drive didn’t seem to concern Josh much.

Eric Openshaw (as Josh Powell from February 3, 2009 email to Susan Powell): I also need to work on backing up data. I think I finally have a workable plan, but it will take time to process the files. I better start the process before leaving for Jenny’s.

Dave Cawley: Several months earlier, Josh had purchased a one terabyte Western Digital brand “My Book World Edition” external hard drive. He kept it in his basement office, connected to their home network by way of an ethernet cable. Susan even mentioned that hard drive in the video she made documenting the family’s assets in July of 2008.

Susan Cox Powell (from July 29, 2008 home video): And this is some type of backup device. It says WD on the side. I don’t know, it like shares the information somehow.

Dave Cawley: Josh’d come up with a method of syncing copies of his files from each of his computers to the external hard drive, over the home network.

West Valley City police detectives took the My Book World Edition hard drive when they raided Josh and Susan’s home with a search warrant the day after she disappeared. The same day they took Susan’s Dell desktop. Like the Dell, the My Book World hard drive ended up at the RCFL. But investigators couldn’t manage to get anything off of it. Josh’s network backup was locked with encryption. That encrypted hard drive is one of the last persisting mysteries in the Powell case. And for the first time, we have a clue of just what secrets it might hold.

[Scene transition]

Dave Cawley: Earlier in this episode, I mentioned Josh’s homebuilt computer tower. It’s the one with the RAID array that was in the basement office of the Sarah Circle house.

Susan Cox Powell (from July 29, 2008 home video): I think there’s like five hard drives, something about doing RAIDS. There’s those for all of the computer geeks.

Dave Cawley: Again, that is Susan’s voice from the video she made documenting her assets in the summer of 2008.

Josh’s RAID array computer also ended up at the FBI’s computer lab after Susan disappeared, but it didn’t appear to hold much in the way of evidence. Investigators flagged some family photos on it, as well as a single file named “vvdb1NetworkEncrypted.tdb.”

I have a copy of this file. At first, I couldn’t make much of it. I didn’t recognize the file format. A little Googling suggested it was probably some kind of database. But without knowing what program created it, there was little chance of viewing it. Maybe, I figured, something might show up if I tried to open the file as text. When I did, it revealed a single, extremely long line of letters, numbers and foreign language symbols. Almost incomprehensible.

Some dictionary words and even short phrases did jump out, but those foreign characters made it impossible to get a clean read. Scrolling what seemed endlessly toward the right, my eyes started to lose focus. That’s when it happened. A pattern began to emerge. The random placement of these foreign characters wasn’t actually random. On a hunch, I replaced all of those foreign characters with line breaks. That unreadable string of long text transformed into a neat list. Scrolling vertically then, I could see the list was roughly 70-thousand lines long. Each line was a discrete reference to an individual file.

Susan Cox Powell (from July 29, 2008 home video): We’ve got all sorts of files, this is all thanks to me trying to save them.

Dave Cawley: These were file paths. The very first line read “ViceVersa synchronization tracking.” ViceVersa is a file backup app.

Susan Cox Powell (from July 29, 2008 home video): There’s some tapes and DVDs and stuff to back up all the computer geek stuff, our family photos and financial information and…

Dave Cawley: I soon learned the .tdb file extension was short for tracking database. So the file I was looking at was how ViceVersa kept track of which items to synchronize. It was a log of what was copied from where, to where. The source, where the original files were copied from, and the target, where they were copied to, were both represented in the list. Looking through the database, I could see the source was called “tempbackupunorganized.” The target volume carried the name “mybookworld.”

Susan Cox Powell (from July 29, 2008 home video): My Book Work, World Edition. I think that’s the stuff I was looking at earlier that saves information.

Dave Cawley: That means the ViceVersa database file is very likely the table of contents to Josh’s encrypted hard drive.

A few takeaways were evident when I started studying the ViceVersa database file. Josh tended to keep his documents well organized, in a series of nested folders. They had orderly names like business, education, finances, insurance, housing and so on. Each individual file carried a descriptive name.

Many of the files and folders also included exact dates in their names. The formatting was always the same: four digit year, two digit month, two digit day. Josh’s documents dated as far back as the early 90s, when he was a teenager. The most recent files dated to September of 2009, three months before Susan’s disappearance.

Perhaps most important, I recognized some of the files. In fact, I already had copies of some of them, like Josh’s audio journals.

Josh Powell (from March 3, 2001 audio journal recording): So I went home, started working on my computer again. I pretty much need my computer for every aspect of my life right now.

Dave Cawley: But my copies of Josh’s journals came from hard drives West Valley police seized from Steve Powell’s house and Josh’s safe deposit box in Washington in 2011.

Josh Powell (from March 2, 2001 audio journal recording): Today I got up and started working on my computer. I decided better get Windows 98 installed on it so I can start using my scanner and stuff again.

Dave Cawley: So how did Josh have copies of those files in Washington in 2011, if police had seized all of his digital data from the Sarah Circle house in Utah right after Susan disappeared in 2009?

Josh Powell (from March 5, 2001 audio journal recording): None of this technology stuff is particularly esoteric to me.

Dave Cawley: The simple answer is off-site backups. So where did Josh stash his off-site copy?

Back to those emails Josh and Susan exchanged in February of 2009, before leaving on their road trip to Washington. In one, Josh told Susan he wanted a backup of his computer done before their meeting with the attorney. Here’s what he wrote.

Eric Openshaw (as Josh Powell from February 3, 2009 email to Susan Powell): I really intend to fully backup the computer and bring a copy.

Dave Cawley: Now, I can’t say for sure, but it’s reasonable to believe Josh might’ve placed this copy of his digital archive in a safe deposit box. Or maybe, he left it with a friend. If so, he could’ve retrieved it after Susan disappeared and carried it with him to Washington.

Evidence exists to support this idea. As I just mentioned, the Josh Powell journal files I received from West Valley City during my research for Cold came from devices police’d seized in 2011. But they line up with the ViceVersa database from 2009. The folder structure on Josh’s encrypted backup is almost identical to that of his archive as it appeared two years later. They both derived from the same original source.

That discovery raised an interesting question: could the digital data seized by police in 2011 hold the key to unlocking the My Book World hard drive from 2009? To find out, I’d need the help of someone with access to all of the digital evidence.

[Ad break]

Dave Cawley: At the start of October 2013, Susan’s dad, Chuck Cox, sent an email to West Valley police detective Ellis Maxwell. A man named Richard Hickman from a company called Decipher Forensics had reached out to Chuck, offering to help get into Josh’s encrypted drive.

Richard Hickman: I saw the news story about the hard drives being encrypted and the FBI having a hard time being able to crack the encryption and I thought of the uh, the cryptocurrency mining machines that we had in our office that we also utilized for password breaking for forensics from time to time. And so I thought “well, let’s, let’s reach out. Let’s see if we can maybe just donate some time on our machine.”

Dave Cawley: Richard co-owned Decipher with two other partners, Trent Leavitt and Mike Johnson. They had founded the firm in 2011.

Trent Leavitt: Decipher primarily was a computer forensic and cell phone forensic company. We would handle cases in civil litigation, worked with law enforcement as well, on anything from homicide cases to divorces. Sometimes, they were one in the same. And everything in between: intellectual property theft, employment law, civil litigation of all types.

Dave Cawley: That is Trent. West Valley City had declared the Powell case cold five months earlier. At Chuck’s urging, police reached out to Decipher to see if they could help decrypt the “My Book World” hard drive.

Trent Leavitt: I believe we met with detective Maxwell. Very nice guy, very easy to work with. He was actually very appreciative of our willingness to do this for free and try and move things along and get more answers.

Dave Cawley: Trent told Ellis about the machines they intended to use. Decipher had poured about $14,000 into building them. They were both contained in milk crates.

Richard Hickman: You just have this box, this milk crate box and we, we actually took a piece of wood across the side of it to be able to kind of act as a, like, the shelf. And then we just set down these four really powerful graphics cards that are just gaming graphics cards and hooked ‘em up that way.

Dave Cawley: These milk crates weren’t much to look at but they were necessary because the rigs consumed a lot of power and generated a great deal of heat. It required a full-size fan just to keep them cool.

Trent Leavitt: It generated enough heat in the winter that we would open up our windows and didn’t have to turn on the furnace in our office. It, it literally heated our entire office.

Dave Cawley: Ellis was impressed. He ran the idea up his chain of command and received an ok from the deputy chief. So, in December of 2013, West Valley gave the Decipher team a copy of the MyBookWorld drive. The arrangement came with a condition: Decipher had to sign a non-disclosure agreement. They were not allowed to discuss their work.

Richard Hickman: And we didn’t talk about the fact that we were even doing it with anybody.

Dave Cawley: And, the deal required that they report any discoveries to Ellis.

Trent Leavitt: Anything that we find, per our agreement with West Valley City, y’know, when we originally started this, anything we found was to go back to West Valley City and to go nowhere else.

Dave Cawley: Confidentiality wasn’t an issue for Decipher. It was common practice with almost every case they worked.

Richard Hickman: Talking about a case, especially on camera, it’s weird. It’s very weird. (Laughs)

Dave Cawley: Trent and Richard are only discussing this now because West Valley City released them from the NDA, at Cold’s request. My thanks to West Valley for that.

Trent, Richard and Mike hooked up Josh’s encrypted drive up to their milk crate rig. They’d decided to run what’s known as a dictionary attack against the encryption.

Richard Hickman: We put together this strategy of combining a whole lot of, umm, password lists from previous data breaches and dumps that’d happened. Hackers will breach a company, they’ll pull their usernames and passwords and then they leak that to the internet. And so, all of those lists are publicly available. And so, we downloaded a lot of these lists of very common passwords. And then we created our own big combined dictionary, applied a whole bunch of rules to it to say “try the original password and then we’re going to swap all the As with @ symbols, Ss with $, Es with 3s, Is with 1s or !s, all of these different combinations. And, y’know, putting a one on the end putting or maybe combining two passwords and it created this massive dictionary that we knew and it, an our software showed was going to take forever to get through. But we thought why not? Let’s give it a try.

Dave Cawley: It didn’t take long before Decipher encountered some initial success. The tool they used for the dictionary attack came across a password.

Trent Leavitt: ap1124. Is that it?

Richard Hickman: Yep.

Trent Leavitt: I don’t know how I remember that, but some things you just don’t forget.

Richard Hickman: Yep.

Trent Leavitt: ap1124.

Dave Cawley: They plugged that six-character string into the encrypted drive, then attempted to access it. There was nothing there. The drive appeared to be empty.

Richard Hickman: With True Crypt, without getting really super technical, you can have multiple layers of encryption.

Dave Cawley: I’ll have more to say about this point in a bit, but for now, it’s enough to know that this discovery meant Decipher had to start all over again. They set the milk crate machines back to work.

Richard Hickman: It ran for a very long time.

Dave Cawley: The code-cracking software ripped through hundreds of millions, then billions of possible password permutations. Heat took its toll on the milk crate machines.

Trent Leavitt: And that thing would run around the clock, 24/7, for months, if not, y’know, close to two years before those things burned up. And still didn’t break it.

Dave Cawley: Ellis retired around that same time and a different detective, David Greco, took over as caretaker of the Powell case. 2016 passed. Still, no break. In August of 2017, detective Greco dropped in on the Decipher office to check up on things. Richard and another member of their team, Kaly Richmond, told him they still had the encrypted drive and were still working on it. They brought him up to speed on their early discovery, in a sort of good news/bad news kind of way.

Trent Leavitt: ap1124. That’s what we have to give you. It means absolutely nothing.

Dave Cawley: Two months later, in October of 2017, a private investigator working for Susan’s parents called Decipher to check in on things. Trent told the P.I., Rose Winquist, he didn’t have much to say. But he let slip they’d discovered a short password that didn’t provide access to any files.

Trent Leavitt: It’s really not a big deal. There’s nothing here.

Dave Cawley: Rose shared this information. I spoke to her on the phone on the night of October 25th, 2017. She told me then Decipher had decoded a “first layer” on Josh’s encrypted hard drive. At the time, I contacted West Valley police, who confirmed the general thrust of what Rose had said. So, I broke the story on the 10 o’clock news that night.

Dave McCann (from October 25, 2017 KSL TV archive): KSL radio producer Dave Cawley on the phone with us tonight with the latest development and Dave, this has to do with a hard drive.

Dave Cawley (from October 25, 2017 KSL TV archive): It does, Dave. A company called Winquist Investigations is collaborating with Susan Powell’s parents, Chuck and Judy Cox, and they’re working with a Utah company called Decipher Forensics to try and gain access to a copy of one of Josh Powell’s hard drives.

Dave Cawley: I didn’t then understand then that Decipher was working for West Valley, not the Coxes.

Dave Cawley (from October 25, 2017 KSL TV archive): Private investigator Rose Winquist tells KSL they are in need of more resources now to devote to the effort. They’re reaching out to Amazon, hoping the internet giant can use its cloud computing platform to speed up this process.

Dave Cawley: The following day, Rose made the rounds, talking to other local and national media about the encryption.

Rose Winquist (from October 26, 2017 KSL TV archive): This is our biggest hope right now, is, is this computer and the other computers that the police have.

Ladd Eagan (from October 26, 2017 KSL TV archive): Calling it a “potential breakthrough,” a private investigator hired by the parents of Susan Cox Powell hopes a remaining hard drive gives them the clues they need.

Dave Cawley: The brass at West Valley City were not happy. It seemed to them that Decipher had violated the nondisclosure agreement.

Trent Leavitt: I received a phone call from, uh, I’ll just say an official at West Valley City and wanting to know why the press was starting to camp out at the, y’know, the front of the the doors. And I said, “I have no idea what you’re talking about.”

Dave Cawley: Trent soon figured it out and went to work attempting to limit the damage.

Trent Leavitt: It violated the trust of another department. In our industry, word gets around pretty quick. When in fact, we didn’t violate the trust, someone else did.

Dave Cawley: But that damage was done.

Trent Leavitt: Obviously, in trying to be cooperative, we just did whatever West Valley City told us to do. And they said “Don’t say anything.” We said, “ok, we’ve been pretty good at that.” So we let West Valley City put out a statement. We just kept our mouth shut.

Dave Cawley: That didn’t keep Trent’s phone from blowing up.

Trent Leavitt: Dozens and dozens of phone calls. Probably from your station as well. And I had no comment. Y’know, I actually just started hanging up on people because I had work to do, and I wasn’t getting it done.

Dave Cawley: The Decipher team feared West Valley would demand the encrypted drive back, shutting down their effort. But the city didn’t do that. And the situation did have a silver lining. The renewed interest in the Powell case started the team thinking about how to whittle down that giant dictionary into something more manageable, a custom dictionary to Josh alone.

Richard Hickman: It’s a much more personalized dictionary, based on the information that we have about him. And so, we can take all of his computer information and even enter in manually information like his birthday, his kids’ names, his kids’ birthdays, family members and important life events and that kind of stuff.

Dave Cawley: But they could only build that custom dictionary if they had access to Josh’s other, unencrypted hard drives.

Trent Leavitt: During the course of that week, umm, our former business partner Mike Johnson said, “I’m positive, there’s more drives in this case that just didn’t give them to us. What if we took all of the drives” and like Richard talked about “created a dictionary of all the drives that aren’t encrypted?”

Dave Cawley: A few weeks after the leak, detective Greco dropped in on the Decipher office again to remind Trent, Mike and Richard they were still bound by the non-disclosure agreement. The Decipher team took the opportunity to ask for copies of all of the digital data from the Powell case. West Valley City agreed, in spite of the recent breach of trust. And, in 2018, the accounting firm Eide Bailly acquired Decipher Forensics. Trent brought the Powell drives with him to his new, state-of-the-art digital forensics lab.

[Scene transition]

Dave Cawley: The October 2017 leak had another unintended consequence. Rob Burton, an IT expert and self-described news junkie, had followed reports about the Powell case from the beginning.

Rob Burton: It affected me very personally, just like many of us here in Utah and nationally.

Dave Cawley: Rob was paying attention when the P.I., Rose Winquist, started doing news interviews about Josh’s encrypted hard drive.

Rob Burton: There was some local news media coverage of the encrypted hard drive that had made the news here in Salt Lake City as well as some podcasts.

Dave Cawley: It was Nancy Grace on her podcast “Crime Stories.” The show characterized the latest news as “a big development” and “the most hopeful lead” in the Powell case in years. Attentive, Rob listened. Several times.

Rob Burton: And as I heard the, the digital forensic details, it just didn’t quite line up.

Dave Cawley: Rob worked for a large corporate employer in Salt Lake City as an information security analyst and digital forensics specialist. He had expertise in this field.

Rob Burton: She kind of glossed over it. I don’t think she fully understood the details and the intricacies that were involved, especially with West Valley City.

Dave Cawley: At one point, a guest on the podcast mentioned there was nothing preventing police from making more copies of the encrypted hard drive and sharing those with other digital forensic experts. That started Rob thinking.

Rob Burton: I actually work in West Valley. My employer has a major IT office in West Valley and so hearing that, I wondered, “I wonder if I could get involved with that?”

Dave Cawley: Rob headed over to West Valley police headquarters on his lunch break one day.

Rob Burton: They were actually very positive, very favorable. I, I, I asked them specifically for the detective involved in the case and he wasn’t there at the time but I left him a message and then he called me back a few days later and met with me.

Dave Cawley: Detective David Greco made a fresh copy of the encrypted “My Book World” hard drive for Rob and delivered it to him at the start of January 2018. Just like with Decipher, Rob signed a nondisclosure agreement. He was gagged from talking about the project.

Rob Burton: In fact, as I started this project two years ago, being under NDA, I knew I just couldn’t just create a folder on my computer called “Susan Powell project” because I was under NDA and kind of had to keep it hidden. And so I named the folder on my computer Project Sunlight because I thought every good secret project has to have a good codename, right? Like you see in movies and TV shows and I named it Project Sunlight Because sunlight is the best disinfectant, I think.

Dave Cawley: Again, West Valley City has granted Rob a release from that NDA at Cold’s request. My thanks to the city for allowing Rob to share his story.

Rob Burton: And now that it’s a little more out in the open, I’m, I’m very relieved to be able to talk about it.

Dave Cawley: Once Rob obtained a copy of the encrypted hard drive, he started tinkering. He bought several computers second-hand and set them up to run a password-cracking program.

Rob Burton: I’ve basically built a small computer lab out of extra computers that I had and uh, that I’ve been able to acquire with some other video cards and then just running the software against it. It’s called Passware and it’s commercially available and it’s what law enforcement agencies also use.

Dave Cawley: Passware began plugging every possible password into the drive, one by one, as fast as it could. This is what’s known as a brute force attack, a different approach from the dictionary attack the Decipher team had first employed.

Rob Burton: There’s a couple different strategies when it comes to decryption, but brute force is kind of the last effort, really, the last ditch effort really, after several of the easier things have been exhausted. You’re really left with brute force. And that’s where you’re basically just trying combinations of letters, numbers, characters to try and brute force that password. To guess it. Password guessing.

Dave Cawley: Passware had only been running for a handful of weeks when something unexpected happened.

Rob Burton: One morning I came in and looked at that and it said “password found 1.” And I thought “oh, is that a bug, was that real?” And sure enough, yeah no, it really did find one password.

Dave Cawley: ap1124. The same password the Decipher team had discovered.

Rob Burton: But we mounted that and it’s blank. There’s no data there.

Dave Cawley: Earlier, I mentioned that I’d get back to the idea of this being an “outer layer” of encryption.

Rob Burton: Think of it as a box within a box.

Dave Cawley: Rob explained, the ap1124 password was the key to open the outer box.

Rob Burton: There’s a process known as plausible deniability that basically, it was used so that if someone was caught and had to give up the password to this drive, say by law enforcement — law enforcement arrests a suspect and convinces them to give up a password to the drive — they could say “ok, well my password is, here’s my password.” Law enforcement thinks “oh great, we’ve got the password to the drive, we can decrypt it.” They can decrypt that outer partition and it can be totally empty. And they think “oh, there’s nothing here.”

Dave Cawley: Cracking the outer partition password brings them no closer to discovering the hidden partition password.

Rob Burton: It’s a whole different password. There’s the outer password and there’s the inner password. So it’s starting over and it’s a much different layer of complexity.

Dave Cawley: ap1124 isn’t very secure, as far passwords go. Nowadays, many websites would refuse to let you use it because it’s not long enough, doesn’t include special characters and uses only lower-case letters. Richard Hickman and Trent Leavitt told me it’s likely the password Josh used on the hidden partition, if a hidden partition even exists, is much more complex.

Richard Hickman: There might not even be a second layer. It could just be, we cracked that top code and it was an empty hard drive.

Trent Leavitt: That’s possibility we’ve talked about.

Richard Hickman: We have no idea, so. We’d like to think that there’s something else to go after.

Dave Cawley: The ViceVersaPro database log I talked about earlier suggests there probably is something to go after. But the only way to know for sure is to either crack the second password or run the brute force attack until the end of time.

Trent Leavitt: No encryption is bulletproof. But if you can delay the amount of time it takes, then becomes improbable.

Dave Cawley: The way you increase the amount of time it takes is by using a long, strong password. Josh did provide police a password for one of his computers in 2011. It consisted of his birth date, his full name, his social security number, his user account name and a string of what appear to be random letters and numbers. It’s 59 characters, including upper and lower case letters, numbers, as well as hyphens, slashes and parentheses.

Rob Burton: However many characters long it may be exponentially increases the complexity and the length that it takes.

[Scene transition]

Dave Cawley: West Valley police were sifting through the first round of digital data seized from the Sarah Circle house in the days after Susan disappeared when, in March of 2010, Josh Powell’s attorney Scott Williams sent them an email. Williams asked for the return of Josh’s computers and hard drives.

The sergeant in charge of West Valley’s major crimes unit told Williams that wasn’t going to happen. But the sergeant said if Josh had a particular file in mind, detectives could try to find it for him. That would go easier, he added, if Josh would cough up his password. 

Josh claimed he could not remember the password. In spite of that, he emailed over his file wishlist a few days later. At the top were his family photos. Here’s what he wrote in his email.

Eric Openshaw (as Josh Powell from April 5, 2010 email to Scott Williams): On the white hard drive, most of it will be in a folder called “photos” or “photos and videos” or similar naming. If possible, please send all photos, audio, and video files you can find. There will be some hundreds of gigabytes in total.

Dave Cawley: The “white hard drive” he’s talking about is the encrypted My Book World drive.

Eric Openshaw (as Josh Powell from April 5, 2010 email to Scott Williams): Everything that can be released from the white Western Digital drive would be greatly appreciated.

Dave Cawley: Josh called the photos and videos “unreplaceable,” even though he already had copies of them safe and sound in Washington. Is it possible then, that this request to police was just a ruse? A way of finding out if they’d managed to break into his encrypted archive?

A bit earlier, I described how I compared the ViceVersaPro database to the digital evidence seized by police in 2011 and discovered they lined up. But there were a few conspicuous omissions from the 2011 data. Files with names like “Gmail email account info” and “encryption instructions” were missing. This suggests that at some point after Susan’s disappearance, Josh performed an audit of his own files and deleted anything that might give away his passwords.

In a more curious omission, Josh appeared to have deleted any file that showed he once owned a set of Ridgid-brand power tools. Paperwork for all of his other tools was still present, but not the Ridgid tools. It’s not clear why he did that.

Back to that email Josh sent police. He told them he also wanted a complete copy of his workissued laptop. 

Eric Openshaw (as Josh Powell from April 5, 2010 email to Scott Williams): And if possible, please find the image that is displayed on the desktop and include it. Or just photograph the computer with the desktop picture showing to try as a memory aid.

Dave Cawley: A memory aid. To what, remember his password?

Kaly Richmond, a member of the digital forensics team at Eide Bailly, recovered Josh’s desktop at Cold’s request. The photo was not what I expected. It’s just a stock image of a chameleon. Whatever it might have meant to Josh, I can’t say. But I can say this: after all of this time spent analyzing the digital data and searching for clues, it’s clear Josh Powell was not some computer genius.

Trent Leavitt: He created some websites. There’s eight year olds that create websites and not, they’re not prodigies. Anyone can get a book and create a website. It’s just sitting down and going through the book.

Dave Cawley: Josh did have aptitude when it came to tech.

Rob Burton: He wasn’t really the smartest but he certainly utilized whatever was available at the time.

Dave Cawley: He could run a database, but cryptography was not his specialty. He was no hacker.

Trent Leavitt: There’s not that many true hackers in the world, from a percentage standpoint. But if you work in technology, people think you’re a hacker and it’s just not the case.

Dave Cawley: TrueCrypt, the program Josh used to encrypt the My Book World hard drive, was available for free on the internet in 2009.

Rob Burton: You didn’t have to be the smartest or the most technical savvy. You could just download it and use it.

Dave Cawley: TrueCrypt is just as strong today as it was a decade ago. There’s no simple shortcut or backdoor to discovering Josh’s password.

Richard Hickman: Just because the resources and technology are a little bit better today doesn’t change the fact that that encryption, in the first place, was top notch and that it’s still going to take that many permutations to get through it.

Dave Cawley: Even if investigators some day make into the drive, they will have to contend with the fact that ViceVersaPro, the program Josh used to back up files to the My Book World drive, also applied its own layer of encryption.

Rob Burton: You hook it up to your home router. You back up several computers. Josh was very meticulous, it sounds like, in doing that.

Dave Cawley: This is how digital forensics works. It’s a constant process of coming up against hurdles and finding ways overcome them. Some solutions are technical. Some are rooted in human nature.

Trent Leavitt: I don’t care who you are, decryption’s not easy.

Dave Cawley: Or fast. And at this point, with Josh, Michael and Steve Powell all dead, there’s no expectation on the part of law enforcement that decrypting the My Book World drive will lead to anyone being held accountable for what happened to Susan. But there is hope that some small clue might lead police to Susan’s body.

Trent Leavitt: If it were my daughter, I’d go to the ends of the earth, just like, uh, the Cox family has done for years now, to make sure I’ve exhausted every avenue possible, if that were my daughter.

Dave Cawley: That is why this effort continues.

Trent Leavitt: Everything that we’ve done on this, everyone that’s participate in helping this, no one’s been compensated for it, at all. It’s just to try and help the Cox family as much as possible, in any way that we can.

Dave Cawley: Trent Leavitt and Kaly Richmond at Eide Bailly, along with Richard Hickman, Mike Johnson and the rest of their old Decipher Forensics team, are still brainstorming new approaches.

Richard Hickman: I would love to see someone else able to do it. If they know a hacker out there that knows how to get into True Crypt, I’d love an introduction.

Dave Cawley: And Rob Burton, now part of the effort, is providing his time and insight to Project Sunlight.

Rob Burton: I as a corporate investigator, I’ve got a little extra time on my hands. I’m not constrained by international terrorist cases or, or other criminal cases that tie up law enforcement resources. And so I have a little extra time that I can devote to this. I, I think it’s worth it and I want to continue and I want to just throw additional resources at it. And as technology improves, software gets better, hardware gets better, I think that we’ll get there eventually. And it’s definitely worth the effort and worth trying. We gotta do what we can.

Cold season 1, bonus 5: Car Crash Con – Full episode transcript

Dave Cawley: Summer had its claws in Salt Lake City. September sun scorched the pavement. The noontime heat made the air appear to wobble. Jeff Lewis stepped into his truck, a red GMC Sierra pickup, outside of his office in an industrial park south of Salt Lake City International Airport. He knew the lunch hour traffic would be bad on the Bangerter Highway, so he opted to take a back road south toward the 201 freeway. Jeff’s route took him down Gramercy Road, to 1820 South, then to an intersection with Bangerter just north of the 201 onramp.

Jeff Lewis: Just before I got onto Bangerter at the intersection, umm, I was sitting at the red light with one vehicle in front of me and it happened to be a little minivan.

Dave Cawley: A blue, 2005 Chrysler Town and Country.

(Sound of traffic on Bangerter Highway)

Dave Cawley: Both the minivan and the GMC were in line, waiting to make right-hand turns onto the southbound lanes of Bangerter. The light turned green.

Jeff Lewis: The minivan started to pull forward and turn right and so I naturally looked left as I was pulling forward and I ran into the back of the minivan.

Dave Cawley: The Town and Country minivan had come to a full, unexpected stop. The GMC hadn’t been moving all that fast, but its front bumper hit the van’s lift gate.

Jeff Lewis: I was just thinking “what are you doing? The light was green, you were going right and then you slammed on your brakes. What were you doing?” Y’know? And yeah, I was upset, too.

Dave Cawley: The minivan did not budge. It hung halfway out in the rightmost lane of Bangerter Highway, frozen. A surge of frustration went through Jeff as it became clear the minivan was not going to pull over.

Jeff Lewis: I pulled around him and then pulled on to Bangerter and pulled over to the right and he pulled up behind me.

Dave Cawley: Jeff put his truck in park, pulled out his phone and dialed 911.

Jeff Lewis: Instantly, my first instinct was to call the cops. Uh, been in a little fender bender, didn’t know what really was going on, uh, the guy was kinda acting weird by not really getting out of the way of traffic. We weren’t really even going very fast, maybe three to four miles an hour.

Dave Cawley: A dispatcher took Jeff’s information as he walked around the front of the pickup.

Jeff Lewis: There wasn’t really any damage to my truck. A couple little scrapes on the front bumper, nothing big.

Dave Cawley: The dispatcher told Jeff a trooper would head his way. He ended the call and glanced over to see the driver of the minivan walking toward him.

Jeff Lewis: He kind of gave off this really weird vibe by the way he approached. Uh, it was kind of like he was a little bit standoffish, uh, just a little bit different. Not like a, a normal person.

Dave Cawley: The minivan driver stuck out his hand, as if he wanted to shake Jeff’s. He introduced himself at the same time. “My name,” he said, “is Josh.”

Jeff Lewis: And I actually told him “I’ve just called the cops, I’d appreciate it if you stay over there by your van” and “I’m calling my insurance right now.” And he said “oh, oh you’ve called the cops.” And I said “yeah I’ve, I’ve, they’re on their way. They’ll be here any time.”

Dave Cawley: This is a bonus episode of Cold: The Car Crash Con. I’m Dave Cawley.

[Ad break]

Dave Cawley: Three months before Susan Powell disappeared, Jeff Lewis was involved in a minor fender bender with Susan’s husband, Josh Powell.

Jeff Lewis: Something was really off. I didn’t feel comfortable with the guy. Y’know and, and rightfully so, I was probably, I was pretty upset.

Dave Cawley: Josh had brake-checked Jeff at they were making a right-hand turn from 1820 South onto the Bangerter Highway in Salt Lake City on September 2nd, 2009. Jeff had called 911, then his insurance agent.

Jeff Lewis: Meanwhile, I look over and Josh is on his phone and walking around, acting like no big deal, kind of over by his vehicle. Umm, and then a cop pulled up.

Dave Cawley: Utah Highway Patrol records show the cop — a state trooper — arrived six minutes after Jeff called in to report the accident.

Jeff Lewis: As soon as Josh looked over and saw that there was a cop pulled up, all the sudden his back started hurting and he kind of started holding his lower back and limping back to his vehicle. And he actually got back into his van on the passenger side. The cop got out of his vehicle, walked up to me and asked me “what was that?” And I said “I don’t know, he was perfectly fine while we were waiting for you.”

Dave Cawley: Jeff told me the trooper warned him if Josh asked for an ambulance, he’d have to call for one. Jeff couldn’t believe it.

Jeff Lewis: It wasn’t even enough to really, when I hit him, to really make my head whiplash or my neck whiplash or anything like that.

Dave Cawley: The trooper gave both Jeff and Josh paperwork to fill out. They each wrote out their individual accounts of the crash. Just over 10 years had passed from the day of this crash to the afternoon that Jeff and I sat down for this interview.

Jeff Lewis: Y’know and, and my memory’s a little foggy. It’s been a little while.

Dave Cawley: Thankfully, the paperwork from that day a decade ago has survived. I have copies of both statements and asked Jeff to read Josh’s words.

Jeff Lewis: Josh’s says that “came to a full stop at a red light. Pulled forward and came to another full stop to traffic. Got rear ended.” That was it.

Dave Cawley: Jeff’s version of events included a bit more detail.

Jeff Lewis: Umm, mine. “Was in lane waiting to pull out onto Bangerter. Car in front of me pulled forward to go. I looked left and he’d stopped. I was only going about 3 to 4 miles per hour. Jumped out to see if he was ok and he said he was just fine.” So, it’s a little bit different.

Dave Cawley: Standing on the side of the highway that day, Jeff couldn’t imagine why Josh would need medical treatment.

Jeff Lewis: And so the cop walks over and probably about three minutes later walks back to me and says “well, here comes the ambulance.” Five to ten minutes later, a fire truck and an ambulance pulls up. They pull him out of the vehicle like he, as if he couldn’t even walk. They put him on a stretcher, put him in the ambulance and, and uh, hauled him away.

Dave Cawley: Josh ended up at the Granger Medical Clinic in West Valley City that afternoon, where a doctor diagnosed him with a neck sprain.

Jeff Lewis: I talked with the police officer after and uh, he actually apologized to me and said “y’know what?” This is right after the recession and he said “we’ve seen a lot of accidents.” And he goes “I’m not necessarily saying that he purposely caused the accident, but it looks like he did. And we see these kinda accidents quite a, quite a bit because some people can claim, y’know, doctor bills and, and they’re hurt and distressed and 20 to 30 thousand dollars off of insurance for a settlement.”

Dave Cawley: Utah court records show Jeff received a citation for following too close. He had to pay a $170 fine.

Jeff Lewis: Went home and I didn’t really think anything of it after that.

Dave Cawley: Until three months later, when he spotted a face that seemed somehow familiar on the TV news.

Jeff Lewis: At first, y’know, they were talking about the disappearance of Susan Powell and her husband Josh Powell. They had ‘em on the news and I said “I know this guy. I know this guy.” Didn’t hit me right away but all of the sudden I was like, I was digging through my stuff and I found the incident report and sure enough, it was Josh Powell.

Dave Cawley: It came as a shock. Jeff realized Josh and Susan Powell lived exactly a mile and a half west of him in a straight line.

Jeff Lewis: What’d happened is my insurance called me, umm, it was right around the same time, and they told me that he’d claimed that, y’know of course some vehicle damage. Uh, they paid out for that, I want to say it was about $3,000, which, honestly, $3,000 isn’t, isn’t much damage. Uh, he had a little scrape and a little ding on the, the back of the van, nothing real serious. Umm, they also paid out the ambulance ride.

Dave Cawley: This is backed up by paperwork. An estimate prepared by Rocky Mountain Collision Repair a week after the crash pegged the cost of fixing the minivan at $2,934.

Jeff Lewis: He also tried to claim pain and suffering and they did not pay out the money that he was asking for for that.

Dave Cawley: Pain and suffering. From a fender-bender. A little love tap at less than five miles per hour.

Jeff Lewis: And at the time, my insurance agent actually told me that there was other cases that he’d been involved that was very similar to the same accident. I don’t have any proof on that. That was just what my insurance agent told me.

Dave Cawley: Jeff didn’t have any proof. I do.

[Scene transition]

Dave Cawley: Let’s step back in time and look at Josh Powell’s second suspicious car crash. Six and a half years before that rear-end wreck on Utah’s Bangerter Highway, and 585 miles away as the crow flies, Josh sat at the wheel of a different minivan. This time, it was his 1997 Plymouth Grand Voyager. Susan sat shotgun. They didn’t have their boys with them, because Charlie and Braden had not yet been born.

Susan Cox Powell (from February 2, 2003 home video recording): They say when you want to have kids, get a dog. But we didn’t want a dog, so we got a bird. We don’t want kids yet though, either.

Dave Cawley: Josh and Susan had been married just over two years. They were then living in Yakima, Washington, working as live-in managers at a retirement center. This is from a video Steve Powell shot, when Josh and Susan first moved in to their on-site apartment.

Steve Powell (from February 2, 2003 home video recording): Yeah well, you don’t want kids until you’ve been in this place long enough to, y’know.

Susan Cox Powell (from February 2, 2003 home video recording): Take the experience with us and find a better job.

Steve Powell (from February 2, 2003 home video recording): Exactly, so. Yeah. So…

Dave Cawley: On May 12th, 2003, the Powell’s minivan rolled north along Rudkin Road in the little city of Union Gap, just south of Yakima. Off to the right, traffic whizzed by on I-82.

(Sound of traffic on I-82)

Dave Cawley: Rudkin, a frontage road, had a posted speed limit of 25 miles per hour.

Bob Powers: It wasn’t like we were going 60 miles an hour down this road. (Laughs)

Dave Cawley: Josh wasn’t even doing 25 as he crept past the Outback Steakhouse, Best Western and truck stop.

Bob Powers: There was no one else on the road at all, no other cars.

Dave Cawley: Bob Powers was also headed north on Rudkin that afternoon in his 1993 Lexus ES340.

Bob Powers: I had come up on him after a, after a turn on the roadway and went “why is he going so slow? There’s nobody in front of him in the,” y’know, he’s obviously lost, is what I’m saying to myself. Y’know, that’s what you say to yourself. Obviously lost.

Dave Cawley: Bob slowed. His focus drifted. Out of the corner of his eye, he spotted an odd looking home at the side of the road.

Bob Powers: For whatever reason I’d taken a look at the building and happened to notice that it, y’know that it was, y’know just a ugly roof.

Dave Cawley: As a real estate investor, Bob had something of an interest in odd properties.

Bob Powers: And the minute I’d looked back, y’know he’d, he’d stopped. Y’know, it was very abrupt and I didn’t understand it at all. No need to be stopping. There’s, there, there, clear roadway ahead, no stop lights, no stop signs. No right or left turn opportunities. There was no reason for him to be stopped dead, dead center in the middle of the road.

Dave Cawley: Bob’s right foot stabbed the brake pedal. It wasn’t enough. The Lexus skidded into the back of the minivan.

Bob Powers: Y’know, I think by the time we would’ve even connected we, we had to have been, what was it I said before, might have been going five miles, ten miles an hour or something. It’s gotta be slower.

Dave Cawley: The front driver-side corner of the Lexus hit the van’s rear bumper, just right of center.

Bob Powers: It just couldn’t have been much. It was just a really soft uh, y’know, connection, enough that it, enough that it surprised you but not enough that it jolted you.

Dave Cawley: Airbags did not even deploy, in either car. Josh would later describe whipping his head backward against the headrest. Susan lurched forward against her seatbelt. Her muscles tensed. She didn’t feel pain, only a rush of anxiety. Concerned, she turned to check on her husband. Josh seemed ok, but maybe just a little dazed. Susan popped the buckle on her seatbelt and stepped out of the minivan’s passenger door. She checked herself. Nothing seemed broken or even sore. Josh got out of the van as well, as Bob was stepping from the driver door of his car.

Bob Powers: Got out of the car and uh, I uh, said “well we probably should take each other’s information and uh, let me, let me call and file a report.”

Dave Cawley: Bob had a few years on Josh. He wasn’t quite sure what to make of this younger man.

Bob Powers: I, I do remember him being just somewhat aloof, umm, didn’t seem to be very animated. Kinda odd, y’know, in a, I mean, kind of quiet, didn’t really talk much. Y’know, sort of, uh, participated in the information exchange but didn’t really have much more to add to the conversation. So I call, I was actually the one who called the police.

Dave Cawley: Meantime, they checked their cars for damage.

Bob Powers: What I remember is, wasn’t much damage at all.

Dave Cawley: A Union Gap police officer arrived. He looked at the two vehicles. Then, he wrote up a report. It noted damage to the front driver corner of Bob’s car, but no damage of any significance to Josh’s minivan. The officer wrote Bob a ticket for following too close.

Bob Powers: I was cited for umm, for the uh, incident. Y’know, had a citation written and didn’t feel it was my fault because I felt like it was an abrupt, y’know, stop.

Dave Cawley: All these years later, I found a scanned copy of the officer’s report among Josh’s personal files. I showed it to Bob.

Bob Powers: That’s interesting. Mmhmm.

(Sound of papers shuffling)

Dave Cawley: Josh told the officer that he’d been making a left-hand turn. The officer drew a diagram of the crash, based on Josh’s description.

Bob Powers: I find this interesting, this diagram. This is, this is a, they did this to indicate what the individual had said, that he was starting to take a left turn. But this is not true. This cannot be possible, y’know.

Dave Cawley: The area to the left of where Josh had stopped on Rudkin Road was blocked by a cyclone fence and a locked gate surrounding a fruit warehouse. I’ve been unable to find any indication that Josh and Susan ever visited or had business at that warehouse. That wasn’t the only oddity on the police report.

Bob Powers: Says no injuries were reported.

Dave Cawley: No injuries. That makes what happened next even more odd. Josh handed Susan the keys and sat down in the passenger seat. She took the wheel and steered north to Memorial Hospital in Yakima. When they arrived, Susan told the emergency department staff she was fine but her husband needed an evaluation. Josh went through an exam and x-rays. He received a prescription for ibuprofen and Vicodin. The doctor also told him to take it easy for a few days at work: no heavy lifting, no pouring coffee for the retirement center residents, that kind of thing

Susan awoke the next morning in pain. The adrenaline had worn off and her body ached. But she didn’t go the ER, as Josh had. Instead, she stopped by a clinic right around the corner from their work. A tech took some x-rays and nothing seemed wrong so Susan went home with just some Celebrex, which she never ended up taking. Looking through the records now, it seems that would’ve been a logical place for this story to end. But it didn’t.

On the second day after the crash, Josh convinced Susan they needed to see a chiropractor. He’d found one in the yellow pages so they went in for an evaluation. Afterward, Josh informed his bosses he couldn’t do any physical labor, doctor’s orders. Also, he’d be missing a lot of work while receiving treatment.

Josh and Susan spent the next month and a half seeing the chiropractor, two or three times per week. That wasn’t all. The chiropractor wrote them prescriptions for massage therapy. All of the bills went to Josh’s auto insurance. They were coming to the end of their treatments when July 13th rolled around. That was the day Steve Powell confessed his feelings to Susan, in the voyeur video recording first revealed right here in the Cold podcast. You might remember, Steve had accompanied Josh and Susan to a trucking company in Kent, Washington. Josh wanted to get his CDL and was toying with the idea of working as a trucker.

Josh Powell (from a July 13, 2003 home video recording): Well, ‘cause we’re thinking of moving to Colorado—

Unidentified woman (from a July 13, 2003 home video recording): Oh, are you really?

Josh Powell (from a July 13, 2003 home video recording): —and I thought, of all the things, I want to get a trailer—

Unidentified woman (from a July 13, 2003 home video recording): Uh huh.

Josh Powell (from a July 13, 2003 home video recording): —to put our stuff in, because I hate moving it in and out of storage.

Unidentified woman (from a July 13, 2003 home video recording): Right, right.

Josh Powell (from a July 13, 2003 home video recording):  And so if I had a trailer, I’d like to have a way to move it without having to hire someone—

Unidentified woman (from a July 13, 2003 home video recording): Sure.

Josh Powell (from a July 13, 2003 home video recording): —even if I had to rent the truck.

Unidentified woman (from a July 13, 2003 home video recording): Right, right.

Dave Cawley: In the video Steve shot that day, Josh sat behind the big steering wheel, using using his arms and upper body to maneuver the semi. He didn’t wince or show any outward sign of pain as he twisted, worked the stick shift and waved goodby to his dad.

(Sound of idling semi truck)

Josh Powell (from a July 13, 2003 home video recording): See you later.

Steve Powell (from a July 13, 2003 home video recording): Ok, bye.

Dave Cawley: Yet just three days later, Josh pulled out the Yellow Pages again. He believed, according to medical records, that his recovery had plateaued and he wanted to try a different chiropractor. That meant a new round of evaluations, x-rays and manipulations. Josh and Susan went in together, three times a week, just like before. At every visit, the chiropractor billed the insurance for “exercise training” and “neuromuscular re-education.” He even sold Josh on the need for $170 dollars in special pillows and back braces, sending those bills to the insurance as well.

Bob Powers, the driver who’d hit Josh, had no idea any of this was happening.

Bob Powers: They get treatment for what? Nothing? (Laughs) That’s what it seems like.

Dave Cawley: Bob went to court, fighting the ticket he’d received. He brought photos with him, showing tall weeds covering the fence line that Josh was supposedly turning left into.

Bob Powers: Well, there’s no place where he could have been taking a left turn. It was total falsehood. That why I went and took photos is just so I would have whatever information I might need and, and uh, went to present it to the judge and he uh, he said “I think we’re going to rule in your favor.” (Laughs) So he dismissed the ticket.

Dave Cawley: Josh and Susan’s medical bills kept coming. By August, Josh’s auto insurance provider, Pemco, decided it needed to figure out if all of this really was necessary. The company ordered independent medical evaluations for both Josh and Susan. Josh talked to his chiropractor about it. He kept notes. Here’s what he wrote.

Eric Openshaw (as Josh Powell from September, 2003 personal notes): He said we had to sue in order to show a strong effort to get more money or he would make us pay all of the invalid charges out of our money. … He gave me literature to ‘prove’ that I should. I told him I don’t think that is necessary.

Dave Cawley: The independent medical exams, or IMEs, took place on August 19th, 2003, more than three months after the crash. The specialist who did the IMEs described Susan as “very pleasant.” He did not use any such language for Josh. I have copies of paperwork from this IME. On a page listing symptoms, Josh checked boxes for severe or frequent headaches, shaking or twitching in limbs, loss of motion in joints, spine abnormality and excessive worry or anxiety. Susan put a giant slash across the entire form, as if to say she didn’t have any serious symptoms. 

The IMEs revealed Susan was fine. Although she sometimes had neck stiffness, she didn’t require any additional treatment to return to her pre-crash condition. Josh was another story. The specialist wrote Josh was “neurologically and orthopedically intact.” But, because of his insistent complaints about pain, Josh would probably benefit from six more weeks of treatment.

Pemco said Josh would have to pay for the pillows himself. It also denied coverage for the exercise training and neuromuscular re-education, finding those were unnecessary and not related to the crash.

Bob was stunned when I described the extent of the claims to him.

Bob Powers: My goodness. And here it’s been, what, 16 years ago? First I’ve heard of it.

Dave Cawley: Josh argued every detail of the bills with the insurance companies and chiropractors. His own records show he negotiated his portions of the bills down to just fractions of their total amounts. Bob’s insurance, State Farm, had quickly paid out $1,300 to replace the dinged rear bumper on Josh and Susan’s minivan. Josh hounded State Farm for more. He claimed there were new problems with the minivan that cropped up after the crash, like bald tires and a malfunctioning door lock. State Farm refused to pay for additional repairs.

The negotiation dragged on for months. In the end, State Farm reached a settlement with Josh. It paid out roughly $13,000 to cover medical expenses. Josh pocketed about half — $6,160.

Bob Powers: Wow. (Laughs) Good income for a couple of months back then, maybe.

Dave Cawley: It’s fair to raise a question here about Susan’s involvement in this claim. I turned to Susan’s journal, hoping to find insight about her side of this experience. But, there are two pages missing from it. The gap in time spans from March 2003 until August 2003, the exact period of time during which this crash and insurance claim took place. It’s also the period of time during which Steve Powell told Susan he was in love with her, and she rejected him. So, one could understand why she might not want this story in her journal.

The entries that followed the missing pages simply described a desire to escape. Here’s what Susan wrote on August 29th, 2003.

Kristen Sorensen (as Susan Powell from an August 29, 2003 journal entry): Literally every work day we have numerous reminders of why we want to go. Badly. Hopefully soon, our misery can be put to an end. So then we can be living where we want. Happy what we’re doing and sooner able to move on, find a job for Josh and start a family.

[Scene transition]

Dave Cawley: All of Josh and Susan’s missed work time resulting from the crash had soured their relationship with the owners of the retirement center. They transferred to another center in Olympia at the end of the year, but it didn’t help. So, in January of 2004, Josh and Susan moved to Utah. They were both unemployed at first, but survived off of that $6,100 settlement check.

After a few weeks, Josh and Susan both picked up temp jobs. Josh lost his almost immediately. Susan’s temp position didn’t provide health insurance, so Josh applied for a private plan that February. He listed his occupation as “manager” on the paperwork, failing to disclose he was actually out of work and receiving unemployment. He also wrote on the form that he and Susan were both in “great health.” He explained away all those chiropractic treatments, saying they were just the result of an auto accident.

The agent who handled Josh’s application told him she needed records. He argued with her at length. In processing notes, the agent described Josh as “quite difficult to work with.” But he did cough up the records, eventually. After reviewing them, the insurance company offered Josh and Susan coverage, with a 15% markup. Josh did not take that  very well. He pushed back, saying he’d only gone through all those weeks of spine-cracking on doctor’s orders. The agent told Josh they could reconsider the rate in two years, provided he and Susan remained healthy. The insurance company viewed it as an already generous offer, the best they could do.

He wasn’t happy, but Josh swallowed it. The internal processing notes show only then did the health insurance rep raise the question: What, exactly, did Josh manage? The agent called Josh to ask, only to learn he was “now between jobs.”

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Dave Cawley: These two car wrecks six years apart exhibited a surprising symmetry. Both were low-speed, rear-end collisions caused when Josh Powell came to unexpected stops in front of other drivers. In both cases, the other drivers insisted there was no apparent reason for him to have stopped. Josh claimed injuries from both crashes, in spite of the fact that neither of the other drivers were injured. Josh sought months of chiropractic and massage therapy care following each crash, billing those visits to auto insurance. In both cases, the insurance companies ended up ordering independent medical examinations, which raised doubts about the necessity of the treatments.

Twice is quite the coincidence.

Bob Powers: And, and you’ve indicated that there was some other, at least another one of these kinds of incidents? Two other incidents? Wow.

Dave Cawley: One before, one after.

Bob Powers: Wow.

Dave Cawley: Three times and it’s no longer a coincidence, it’s a trend. So let’s look at Josh’s third suspicious crash. It happened during the summer of 2000.

Josh Powell (from December 13, 2000 audio journal recording): It was a really nice summer. I, I was actually content. I was happy the way things were going.

Dave Cawley: That’s Josh’s voice, from his audio journals. It was four months before he met Susan. He’d been living with his dad in South Hill, Washington but had just found an apartment of his own in Tacoma.

Josh Powell (from December 13, 2000 audio journal recording): It’s a really nice apartment. Two bedroom apartment, it was brand new when I moved in.

Dave Cawley: Josh had a lot going on. He was working long days installing furniture, struggling to stay ahead of his debts.

Josh Powell (from December 13, 2000 audio journal recording): All told, I think I’m paying out close to $2,000 a month just to live.

Dave Cawley: He’d made new friends at church and anticipated going back to school that fall. His prized possessions were his computer, his entertainment center and his Plymouth Voyager minivan.

Josh Powell (from December 13, 2000 audio journal recording): I might have to let my van go, which is costing me $310 in insurance and payments, which is not much.

Dave Cawley: On the afternoon of June 8th, 2000, Josh drove that minivan north up Meridian in Puyallup. A young woman named Nichole Lyons was right behind him in her 1998 Jeep Wrangler. Nichole lived in the Puyallup area but worked out west, in DuPont. She took a van pool to work each day, leaving her Jeep in a parking lot near Puyallup’s South Hill Mall.

Nichole Lyons: Just right near a little strip mall that used to be a mattress store, for some reason what’s ringing bells.

Dave Cawley: She’d pulled onto Meridian on her way home that day only to find traffic backed up.

Nichole Lyons: Afternoon, y’know, commuting traffic. I would imagine it was around 5, y’know 5ish, 5:15 maybe because that’s when I would have gotten back to my, y’know, van pool spot and then pulled out into the road. So that’s what I recall.

Dave Cawley: And come to an immediate stop, as bumper-to-bumper traffic sat waiting for the light at 39th Avenue to change. The car in front of her, Josh’s minivan, crept forward. So did she.

Nichole Lyons: Thought he was going but he wasn’t.

Dave Cawley: Nichole’s Jeep hit Josh’s minivan.

Nichole Lyons: I rear-ended him just ever so slightly. Really we were going, the, y’know, the miles per hour was like, y’know, two or three, (laughs) maybe. I mean, it was very much we had just started going and then immediately stopped and had impact.

Dave Cawley: Nicole and Josh each pulled off the road, into a parking lot.

Nichole Lyons: Then he seemed from what I recall to be in a hurry.

Dave Cawley: They checked for damage. By design, the Wrangler’s front bumper wasn’t entirely flat. It had two prongs on it, one of which had hit the rear bumper of Josh’s minivan.

Nichole Lyons: I mean, I think there was a little indentation in his bumper from the prong of my vehicle. There was not any damage to my vehicle, whatsoever.

Dave Cawley: They had a quick conversation.

Nichole Lyons: I think there was some talk of do we even want to exchange information and we ended up exchanging information.

Dave Cawley: Josh scribbled Nichole’s license plate and phone number on a paper copy of her auto insurance card, which he kept. He also wrote out his own description of crash. He later scanned both papers into his computer, though Nichole had no way of knowing that.

Nichole Lyons: And I wasn’t sure that he was even going to even turn it in or file a claim.

Dave Cawley: It wasn’t a big deal, as far as she could tell. No police, no ambulance. No problem.

Nichole Lyons: He seemed completely fine. And very, y’know, like I said, in a hurry, “let’s exchange information” and get on his way.

Dave Cawley: The next day, an insurance adjuster came to look at the minivan. He figured the rear bumper cover would need to be replaced, at a cost of about $560, parts and labor. Records obtained by this podcast show the actual cost to repair came in below the estimate, at $452.

Repairs to Josh’s body cost a good deal more. He started seeing — can you guess? — a chiropractor. She wrote Josh had a mild to moderate cervical/thoracic strain or sprain. In other words, neck and back pain. She referred him to a massage therapist to receive two massages a week for the next six weeks. Josh didn’t want to pay for this, though, so he called Nichole’s insurance, Progressive, and started badgering them for money. Here’s what he wrote in his notes.

Eric Openshaw (as Josh Powell from June 6, 2000 personal notes): We talked and I tried to negotiate, but he didn’t negotiate at all until I forced the issue. Then he offered $400 cash and $500 medical. I told him that doesn’t even cover the here and now, medically.

Dave Cawley: The day after writing that, Josh went to the office of a personal injury lawyer in Puyallup. He hired the firm on the spot, agreeing to give them a third of anything they recovered from Progressive. Nichole had told her Progressive agent her side of the story.

Nichole Lyons: I also called it in to my insurance and talked with them and gave a statement of what happened. And then, that was it. I don’t, I don’t remember getting any additional pieces of information from that.

Dave Cawley: Josh’s attorney spent a few weeks gathering up the medical records, then sent a demand letter to Progressive. It said Josh had incurred about $1,500 in medical expenses. It also said he deserved $6,500 in general damages. As such, they wanted Progressive to cough up $8,000. A month later, Progressive settled, agreeing to pay out less than half that amount, about $3,400. That more than covered the medical bills. The attorney took his cut of around $1,100 dollars, leaving Josh with a check for $728. Nichole never knew.

Dave Cawley: Would it surprise you to learn that he claimed, uh, injury out of that crash?

Nichole Lyons: Yeah, that would be surprising. I don’t remember there being any concern of injury.

[Scene transition]

Dave Cawley: Alright, with all of that background, now we have to look at the paperwork Josh filed with his car insurance company after the crash on Bangerter Highway in Utah back in September of 2009. Josh wrote that he had whiplash. One of the questions on the form asked if he’d previously been treated for “similar symptoms.” He checked no.

Bob Powers: I actually had no idea that, that this guy had made any claim whatsoever with my insurance company until you guys had, y’know, come up with that information. I thought it was pretty revealing.

Dave Cawley: Josh’s own records prove he’d claimed whiplash after that 2003 crash in Yakima, when Bob Powers rear-ended his van.

Bob Powers: I called my State Farm agent and said “did, did this really all happen? I mean, did they actually get some kind of payout?” And he of course told me the extent of the payout. And I says “you’ve got to be kidding me, Joel.” I says “how come there wasn’t there follow up by you guys because I, I, that, that following too close ticket was dismissed at court. I would think you’d have no obligation.” And umm, he says “well, we try to take it out of your hands and not have you, have you worry about it whatsoever and that’s why we haven’t informed you.”

Dave Cawley: While State Farm didn’t share the details of Josh’s 2003 claim with Bob, the company did enter those records into a fraud-prevention database. They were available to Jeff Lewis’ insurance company as it investigated Josh’s 2009 claim.

The 2009 crash happened three months before Susan disappeared. Josh was still undergoing treatment for his “injuries” when his wife vanished. And in the months that followed, the insurance companies ordered another independent medical exam, which I described in episode 6 of Cold. The paper trail from that IME revealed Josh was diagnosed with a rotator cuff strain or partial tear just 10 days after Susan disappeared. He blamed that injury on the crash, even though there was no mention of it in any of the prior medical records.

Jeff Lewis: Yeah, it was, it was an act. He claimed shoulder injury? When the cop pulled up, he was holding his back. It was all an act.

Dave Cawley: Again, that’s Jeff, the guy who rear-ended Josh three months before Susan disappeared.

Jeff Lewis: When I saw him on the news and his wife was missing, uh, my gut feeling was is that he was trying to get insurance money. Right away when I see this, I’m going “man, this guy got rid of his wife for money.”

Dave Cawley: On the surface, none of these crashes seem like much. But taken together, they paint a picture of Josh Powell. Willing to scam the insurance system for a few thousand bucks. Or, in Jeff’s view, maybe a million bucks: Susan’s life insurance.

Jeff Lewis: And then it comes out that, y’know, she did have an insurance policy. And so that’s exactly what I thought he did.

Dave Cawley: I wasn’t sure what I’d find when I first set out to identify the driver who hit Josh on that September day in 2009. To be honest, I wasn’t sure I would ever be able to. There wasn’t enough detail. All I knew was someone crashed into Josh’s minivan on or near the Bangerter Highway. I scoured the West Valley City case files, but came up empty-handed. I checked court records for any case connected with Josh Powell on that date. There weren’t any. I submitted public records requests to multiple police departments, asking for reports of any crash involving Josh’s minivan on or around that date. None had any. It hadn’t occurred to me then that the Highway Patrol might have jurisdiction. While I wasn’t able to identify Jeff, it turned out he was listening to Cold.

Jeff Lewis: My wife actually found it and said “you’ve gotta listen to this” ‘cause she knew the little bit of a background of being in an accident with Josh Powell. So she said “you’ve gotta listen to this podcast. They mention you in this.” And I’m like “wha? They don’t mention me. What are you talking about?”

Dave Cawley: Jeff reached out, indirectly, by leaving a review for the podcast.

Jeff Lewis: On your KSL podcast, I did leave a comment saying “hey, you can reach me. Umm, I’m the guy that got in an accident with him. I’ve been brought up a few times.” And uh, that was probably January of this year.

Dave Cawley: The comment was soon buried and I never saw it. Months went by. Season one of Cold came to an end. Still, I couldn’t shake the sense that I needed to find this driver. So, I turned to social media.

In the minutes immediately after the September crash, Josh’d snapped a photo from the passenger seat of his minivan. It showed the truck that’d hit him, that red GMC Sierra, as well as the other driver. The photo was still on Josh’s phone when detective Ellis Maxwell took it from him the day after Susan disappeared.

Ellis Maxwell (from December 8, 2009 police interview recording): Let me see your phone.

Josh Powell(from December 8, 2009 police interview recording): Why?

Ellis Maxwell (from December 8, 2009 police interview recording): Let me just see your phone. I’m going to hang onto it until we’re finished.

Josh Powell (from December 8, 2009 police interview recording): ‘Kay.

Dave Cawley: When digital forensics investigators went through Josh’s phone with a search warrant several months later, they recovered the picture. Nothing about it raised suspicion.

Jeff Lewis: I don’t think there was ever a sense of urgency to find me, y’know I had a minor brush-in with this guy.

Dave Cawley: And Jeff didn’t come forward on his own back then because he didn’t see how his encounter with Josh could have any relevance. He had no way of knowing that Josh’d used that crash to obtain a prescription for cyclobenzaprine, a muscle relaxant capable of knocking someone off their feet. He didn’t know about Josh’s suspicious shoulder injury, or the IME that suggested Josh was scamming the insurance company.

I had a copy of Josh’s photo, the one from his phone. Over the summer, I uploaded it to Facebook and Instagram, along with a plea for help identifying the man it showed.

Jeff Lewis: My wife actually shot me a picture of me standing outside of my truck. And I said “what the heck, where did you get this?” And she says “well it’s on Facebook. It’s on the, uh, Cold podcast Facebook.”

Dave Cawley: Jeff and I at last connected. He also provided documentation, which I was able to verify as authentic. He was the guy.

Jeff Lewis: But I just, y’know, always found it very interesting, umm, listening to the podcast, uh, being in an accident with this guy, I followed the case. Umm, it’s a heartbreaking situation.

Dave Cawley: When we spoke, Jeff shared feelings of frustration and remorse over how the entire situation had unfolded following Susan’s disappearance.

Jeff Lewis: I felt like, y’know as a father, that uh, the system had completely let those kids down. Umm, there was nothing they could do about Susan, but they, I feel like those kids could’ve been saved.

Dave Cawley: Josh Powell’s car crashes and the petty insurance claims he filed pale in comparison to tragedy of what eventually unfolded in the Powell family. But they help us understand his behavior. With the benefit of hindsight, we can now see the troubling ways in which he attempted to use people. It didn’t matter if those people were the strangers behind him in traffic, or the two children he shared with the woman he mistreated and likely murdered.