Transcript of Dennis Rader sentencing August 18, 2005 Part 5:  the murder of Dolores Davis (con'd); testimony of Lt. Kenneth Landwehr, lead investigator

IN THE EIGHTEENTH JUDICIAL DISTRICT
DISTRICT COURT, SEDGWICK COUNTY, KANSAS
 CRIMINAL DEPARTMENT
3
4 STATE OF KANSAS, )
Plaintiff  )
5          )  Case No. 05 CR 498
)
6 vs.                            )  VOLUME IV
)
7 DENNIS L. RADER,               )  THURSDAY, 8-18-05
Defendant.    )  FIRST A.M. SESSION
8 _______________________________)
9           TRANSCRIPT OF SENTENCING HEARING
10      PROCEEDINGS had and entered of record before the
11 Honorable Gregory L. Waller, Judge of Division 5,
12 Eighteenth Judicial District, Sedgwick County,
13 Kansas.
14 APPEARANCES:
15      State of Kansas appeared by and through Ms. Nola
16 Foulston, District Attorney, Ms. Kim T. Parker, Chief
17 Deputy District Attorney, Mr. Kevin O'Connor, Deputy
18 District Attorney, and Mr. Eric Smith, Assistant
19 District Attorney, Sedgwick County Courthouse Annex,
20 535 North Main, Wichita, Kansas 67203
21      The Defendant appeared in person and by and
22 through Mr. Charles S. Osburn, Chief Public Defender,
23 and Ms. Sarah McKinnon, Assistant Public Defender,
24 604 North Main, Suite D, Wichita, Kansas 67203.
25

  2

1                       I N D E X
2
3                       WITNESSES
4 FOR THE PLAINTIFF:     DIRECT  CROSS  REDIRECT RECROSS
5 SAM HOUSTON               3     --       --      --
6 KENNETH LANDWEHR         46     --       --      --
7
8
9
10                       EXHIBITS
11 STATE'S EXHIBITS:          MARKED   OFFERED   ADMITTED
12       23                     --        30        30
13
14
15
16
17
18
19
20
21
22
23
24
25

  3

1                THE COURT:  All right.  Captain
2      Houston, you're still under oath.  State may
3      proceed.
4                MS. FOULSTON:  Thank you, Your Honor.
5      CONTINUED DIRECT EXAMINATION OF SAM HOUSTON
6 BY MS. FOULSTON:
7 Q.   Captain Houston, when we left off yesterday we

8      had been talking about Mr. Rader had broken into
9      the home of Dolores Davis, and that at a point
10      in time after he had gotten into the home that
11      the discussion came around to her telling him
12      that -- that she had children and that please
13      don't kill me.  Do you remember that
14      conversation?
15 A.   That is correct.
16 Q.   And we have here on the screen a photograph of
17      the Davis family, and Dolores Davis would be in
18      the upper, to your left, is that correct?
19 A.   That is correct.
20 Q.   Now, do you recall your discussion with
21      Mr. Rader that came in February of this past
22      year when you discussed this moment in time and
23      his control factor and his manipulation of
24      Ms. Davis at the time of this -- this
25      discussion?

  4

1 A.   That is correct.
2 Q.   How was he attempting to manipulate or control
3      her at this -- at this moment?
4 A.   He -- he put handcuffs on her.  He controlled
5      her with the handcuffs.  He took her into the
6      bedroom.  He told her he had a gun, he had a
7      club.  He took her into the bedroom and had the
8      handcuffs on her, tied her ankles with
9      pantyhose, and told her that -- that, you know,
10      he told her he was there because the police
11      wanted him, he needed her car, needed money,
12      needed food.
13 Q.   Now, did he leave her at any time in that
14      bedroom area?
15 A.   Yes, he did.
16 Q.   Where did he go?
17 A.   He stated that he went into the kitchen, rattled
18      around in the kitchen, his words.  He opened
19      cabinets.  He was -- he already told her he was
20      looking for food, opened some cereal boxes, that
21      kind of thing.
22 Q.   And ostensibly, this was for his ruse or cover
23      to make her feel perhaps more comfortable with
24      his presence, is that right?
25 A.   That's correct.  He told her that -- you know,

  5

1      he stated that he wanted her car, her money, her
2      food, and that was to go along with easing her
3      into this and telling her to go along with the
4      story that he had given her.
5 Q.   Did -- was there a time frame that he gave about
6      how long he had spent up to this portion, how
7      much time he had spent with her in the home at
8      that time?
9 A.   Approximately 10, 15 minutes so far.
10 Q.   So from the time of the break-in to her being
11      awakened and confronting him and him tying her,
12      this was a 10 to 15-minute encounter at that
13      time?
14 A.   Correct.
15 Q.   So when he came back into the bedroom, did he
16      discuss the food with her, make any comments
17      with regard to that?
18 A.   He stated -- he commented that -- that he had
19      opened the refrigerator and shut the
20      refrigerator.  He got some food -- got some food
21      here, and he stated that he already had the keys
22      to the car and he had already seen the garage,
23      the garage area, the garage door, and he was
24      back into the -- the -- to the bedroom with her.
25 Q.   Now, you indicated that he had first put

  6

1      handcuffs on her.  Did he ever make any changes
2      with the handcuffs, or did he leave those on
3      her?
4 A.   He took the handcuffs off of her.  After he had
5      gone back into the bedroom he took the handcuffs
6      off of her, and then he used pantyhose to tie
7      her hands behind her back.
8 Q.   Where did he find those?
9 A.   I believe that he stated that he -- they came
10      out of one of her drawers in her residence in
11      her bedroom.
12 Q.   So had he been looking through or seeking
13      clothing or articles from her, her room?
14 A.   Correct.
15 Q.   And later on when you had observed that room,
16      when the crime-scene officers arrived, had you
17      noted that there were open drawers and lingerie
18      drawers that had been tampered with?
19 A.   That is correct.
20 Q.   And when he did change the handcuffs out, you
21      said he used pantyhose to tie her hands?
22 A.   Yes, he did.
23 Q.   And at that time both her feet were bound and
24      then now her hands, is that correct?
25 A.   That is correct.

  7

1 Q.   How were her hands bound?
2 A.   They were -- they were bound behind her back,
3      like this (indicating).
4 Q.   And you're crossing your arms?
5 A.   Crossing my arms.
6 Q.   But they would be behind her, is that correct?
7 A.   That is correct.
8 Q.   And at this time she would not have been free to
9      use her hands or her legs to resist any activity
10      or actions by Mr. Rader?
11 A.   No.  He also took pantyhose and bound her ankles
12      to her -- the bindings on her hands.
13 Q.   One of the questions I have, when Mr. Rader
14      entered into that residence did he cover his
15      face in any way?
16 A.   I believe he stated he had a stocking mask or
17      a -- some pantyhose on his face.
18 Q.   So initially when he came in there, he had
19      covered his face to avoid detection, is that
20      right?
21 A.   Yes.
22 Q.   At a point in time did he remove that?
23 A.   I believe so.
24 Q.   And in doing so he would have uncovered his
25      identity to her?

  8

1 A.   That is correct.
2 Q.   When he went back into the bedroom and
3      readjusted and took off the handcuffs, we now
4      have Ms. Davis in a totally different position,
5      and was there further discussion at that time
6      with her that led her or gave her belief that
7      something had changed?
8 A.   When he took the handcuffs off of her and he was
9      telling me about that, Mrs. Davis knew at that
10      time something was going to go bad.
11 Q.   And what did he say?
12 A.   He -- he stated that, I proceeded to tie her up
13      with the pantyhose, and she stated don't kill
14      me, don't kill me.
15 Q.   What was his reply?
16 A.   I don't -- I don't believe he made a reply to
17      her.  I don't -- I don't recall that in my
18      notes.  But he stated that he -- at that point
19      in time she told him she had kids, she knew --
20      she knew that he was going -- that she was going
21      to die, and that's when he slipped the pantyhose
22      over her, around her neck and strangled her.
23 Q.   Did he indicate to you how long it took to
24      strangle her?
25 A.   He stated that it took approximately two to

  9

1      three minutes.
2 Q.   And during this time did Mrs. Davis put up any
3      resistance or fight?
4 A.   There was nothing that she could do.  There was
5      nothing that she couldn't -- she couldn't
6      struggle the way she was bound.  It -- he stated
7      it took approximately two to three minutes for
8      her to die.
9 Q.   Now, during the time after Mr. Rader was
10      arrested there was a search warrant for his
11      residence and also for his office where various
12      items, including journals and documents, were
13      found.  Do you recall that?
14 A.   Yes.
15 Q.   And do you recall having the opportunity to look
16      through those journals and other items,
17      photographs, et cetera, concerning each and
18      every different case that we brought to the
19      attention of the Court through the charges in
20      this action?
21 A.   Yes, I did.
22 Q.   And one of those cases involved Mrs. Davis, is
23      that correct?
24 A.   Yes, ma'am.
25 Q.   And are you familiar with a specific journal

 10

1      that consisted of 14 pages, 13 of writing and
2      one of a map?
3 A.   Yes, ma'am.
4 Q.   And that would be related to -- first to
5      Mrs. Davis and some other crimes that he had
6      committed?
7 A.   That is correct.
8 Q.   I'm going to show you, hand you this specific
9      document, handwritten document from Mr. Rader,
10      and ask if you can identify this document,
11      please.
12 A.   This is a -- this is a copy of his journal that
13      he's written -- one of his journals that he's
14      written about his crimes that I've seen prior to
15      this proceeding.
16 Q.   Now, take a look at the first couple of pages on
17      there, and do -- and the first several pages, to
18      what killing does that specific document relate
19      in the first several pages?
20 A.   This relates to Dolores Davis.
21 Q.   I'm going to direct your attention specifically
22      to page 3 of that document and to the lower
23      paragraph, and I've highlighted a portion of
24      that document.  Do you see that highlighting?
25 A.   Yes, I do.

 11

1 Q.   And what does that specifically relate to?
2 A.   It relates to just prior to Dolores Davis's
3      death.
4 Q.   Can you read for us the -- the words of
5      Mr. Rader that he journalized after the killing
6      of Dolores Davis?
7 A.   Please, sir, I have children.  Too late, she
8      realized his dreaded intention as the garotte
9      quickly cut off air and life.  The end came at
10      about two to three minutes as garotte tightened
11      and tightened and then died, blood trickled out
12      of her nose, ear, mouth, and she felt no more
13      pain.
14 Q.   So by his own admission she begged him to spare
15      her life?
16 A.   Yes, she did.
17 Q.   That she knew he was going to kill her?
18 A.   Yes, she did.
19 Q.   And that in fact it took two to three minutes to
20      kill her as he tightened and tightened the
21      garotte around her neck?
22 A.   Yes.
23 Q.   By the clock it's now 11 minutes after 9:00 and
24      the hand has just reached the 60 seconds.
25                (REPORTER'S NOTE:  Minute-long pause

 12

1                 in proceedings.)
2 Q.   Captain Houston, one minute has passed.  So
3      three times that length was the length of time
4      in which Dolores Davis struggled for her life?
5 A.   That is correct.
6 Q.   In addition, there were some further commentary
7      that Mr. Rader wrote on his journal.  Can you
8      read his final thoughts regarding Dolores Davis?
9 A.   It was this moment that victim was tied and
10      bound, unable to resist that he soon -- or he
11      could savor, he could live on that moment for
12      years.
13 Q.   Thank you.  In addition to his writings,
14      Mr. Rader also fancied himself somewhat of a
15      artist or trace artist, and I'm showing you on
16      the slide a drawing or tracing obtained from
17      his -- what he called his mother lode.  And this
18      depicted Dolores Davis at the time of her
19      murder.  Do you see that item?
20 A.   Yes, I do.
21 Q.   And you've seen that before, is that correct?
22 A.   That is correct.
23 Q.   Now, his legend that he places on there notes
24      that it was a moment before it was over; is that
25      right?

 13

1 A.   Yes.  He's got the date depicted there of her
2      death.
3 Q.   And are the eyes on that drawing open or closed?
4 A.   They're open.
5 Q.   Again on that particular discussion, some more
6      information that he had talked to you about.  He
7      talks about taking some items that she had.  Do
8      you recall that conversation?
9 A.   Yes.
10 Q.   What did he tell you?
11 A.   Stated he reached in a drawer, grabs -- grabbed
12      some stuff.  She still had on her house robe,
13      said he didn't take any pictures in the house,
14      but he took -- he took female underwear
15      garments, pantyhose, bras, panties, those types
16      of items from her bedroom.
17 Q.   And again, that he in haste took those items
18      because he believed that someone would be coming
19      to the house?
20 A.   Yes.
21 Q.   You indicated that the house had been rifled
22      through and that this would be a photograph of
23      her bedroom, is that right?
24 A.   That is correct.
25 Q.   And this is the way the crime-scene officers

 14

1      found it with items in disarray?
2 A.   That is correct.
3 Q.   We have some photographs that would be taken at
4      the crime scene.  Again, these are not for all
5      audiences.  Can you identify what is shown in
6      this photograph?
7 A.   This is a photograph of Ms. Davis's body
8      underneath the bridge on 117th Street North.
9      This is her house robe that she had on.  You'll
10      see her -- this is her hand, which is bound here
11      behind her back, her knee area and -- which is
12      bound by pantyhose.
13 Q.   And I see some other binding.  There's a white
14      cord or something that goes down past her legs.
15      What is that?
16 A.   This here is pantyhose that is tied around her
17      ankles that attaches to the bindings around
18      her --
19 Q.   All right.  And --
20 A.   -- wrist.
21 Q.   -- the next photo?
22 A.   This is a photo of the pantyhose that are
23      wrapped around Mrs. Davis's neck.  This area
24      right here, knotted.  This picture is of her
25      laying on her -- on her -- on her front, on her

 15

1      stomach area.  This is the back of her head.
2 Q.   Now, Mr. Rader had told you that he had removed
3      her from the home, is that correct?
4 A.   Yes, he did.
5 Q.   And that he had used -- wrapped her in a
6      bedspread, and that would be consistent with the
7      fact that you found no bedspread on her bed; is
8      that right?
9 A.   That is correct.
10 Q.   And again, some additional photographs.  What
11      are we looking at here?
12 A.   This is -- this right here is the -- we believe
13      the bedspread that was on her bed.  Her feet,
14      which were bound by the pantyhose here in this
15      picture.
16 Q.   Now, we see what appears to be bruising or
17      markings, but those are actually lividity or the
18      settling of blood from her decomposition; is
19      that right?
20 A.   That is correct.
21 Q.   The next photograph shows a culvert at 69th and
22      Woodlawn.  Tell us the significance of that
23      location.
24 A.   This culvert here, just a quarter mile north of
25      69th North and Woodlawn, was where the bedding

 16

1      was found for Mrs. Davis's bed by Deputy Matt
2      Schroeder.
3 Q.   And when those materials were taken out, is this
4      what you found?
5 A.   That is correct.
6 Q.   And what is that there?
7 A.   You have a mattress pad, sheets, there's a
8      blanket there, maybe two blankets there.
9 Q.   And did Mr. Rader discuss those items?
10 A.   Yes, he did.
11 Q.   What did he tell you?
12 A.   He stated that he had taken the bedding off the
13      bed and had removed it and stuffed it in a
14      culvert.
15 Q.   Now, Mr. Rader -- this -- this would be the
16      actual photo of her bedroom that you had seen
17      without the -- the bedding, indicating that
18      someone had taken it and left with it; is that
19      correct?
20 A.   That is correct.
21 Q.   Now, when Mr. Rader was talking about what he
22      had done with the body of Mrs. Davis, he gave
23      you some story or he told you of how he had
24      removed her body from the home; is that correct?
25 A.   Yes, he did.

 17

1 Q.   Tell us what he told you he had done in
2      attempting to -- to hide her body.
3 A.   He stated that it was heavy, so he had to put
4      her on top of the blanket and he drug her out
5      through the -- from the bedroom, through the
6      kitchen area, into the entryway, I believe it's
7      the laundry room, going out into the garage, and
8      was able to get her into the trunk of her car.
9 Q.   Now, was -- was he in a hurry to get this done?
10 A.   He was in a hurry because he thought somebody
11      was coming.
12 Q.   Now, did he also have any time constraints?
13 A.   Yes, he did.
14 Q.   What was that?
15 A.   He had to get back to the Boy Scouts at the
16      Trappers' Rendezvous at Harvey County West Lake.
17 Q.   What was he going to do back there?
18 A.   I -- play with the Boy Scouts, I guess.
19 Q.   All right.  So -- so there's time constraints,
20      of I got to get back to the Boy Scouts and
21      somebody may be coming, so I got to do this
22      pretty quick?
23 A.   Correct.
24 Q.   Okay.  So then after he took her and got her
25      outside, what did he do then?

 18

1 A.   He got her into the trunk of the car.
2 Q.   Whose car?
3 A.   Of Mrs. Davis's vehicle.  He already had the
4      keys.
5 Q.   That's right, because he walked over there?
6 A.   That's correct.
7 Q.   All right.  Then what did he do?
8 A.   He drove from her residence there on Hillside,
9      just north of 61st Street, drove to the KDOT
10      Lakes, the Kansas Department of Transportation
11      lakes that are located at 45th Street North and
12      I-135.
13 Q.   That's a photograph of that area, is that
14      correct?
15 A.   That's correct.  This is the west lake.  This is
16      the east lake and split by I-135.
17 Q.   Okay.  How long a drive would that be?
18 A.   Two minutes, three minutes.
19 Q.   All right.  What was he going to do?
20 A.   He stated that once he got to the KDOT lakes he
21      stretch -- stashed her underneath some bushes or
22      around some bushes area and left her there.
23 Q.   Was that going to be the permanent location for
24      her or had he other plans?
25 A.   Oh, he had other plans.

 19

1 Q.   Oh.  Tell us, what were the other plans?
2 A.   He stated that once he left her at KDOT, he
3      drove over to Christ Lutheran, stashed her
4      jewelry box, camera, other items he had taken
5      out of the house underneath a -- a portable
6      building, a shed there at Christ Lutheran.
7      There is a hole underneath the foundation, stuck
8      all that stuff back in there, then he took her
9      car back to her house and wiped it down inside
10      and out, anything that he thought he may have
11      touched, and then he threw the keys up on the
12      roof.
13 Q.   Okay.  So now he's without -- he's without a car
14      now?
15 A.   Correct.
16 Q.   All right.  So what does he do?
17 A.   He -- he takes -- takes a trek back to his
18      vehicle, to the Baptist Church in Park City.  He
19      goes down 61st Street.  He's on the inside of
20      the hedgerow because he doesn't want to be seen,
21      and he realizes he's got two more keys in his
22      pocket from her car.  So finally he dumps those
23      keys there in that hedgerow, and then he gets
24      back to the Baptist Church there in Park City,
25      gets his car.

 20

1 Q.   Now, she's at the KDOT lakes?
2 A.   Correct.
3 Q.   All right.  And then he -- sorry, let me go
4      back.  So she's still back at the KDOT lakes,
5      now he's got his car?
6 A.   Yes.
7 Q.   And then after that where does he really want to
8      take her?
9 A.   His ultimate fantasy is to take a victim to a
10      barn.
11 Q.   What's he going to do in a barn?
12 A.   He wants to -- he wants to hang them up, he
13      wants to put them into the bondage, the
14      sadomasochism bondage, take the photographs of
15      them, do his -- do what he wants to do with
16      them, this posing of the victim.
17 Q.   All right.  So is he -- now with his own car,
18      where does he go?
19 A.   He takes -- he told me he had a station wagon at
20      the time.  He takes the station wagon back to
21      the KDOT lakes.  He loads Mrs. Davis's body up
22      into the station wagon, and then he proceeds
23      north to the northwest part of the county.
24 Q.   Okay.  And then what happens?
25 A.   He stated that he was -- he was really in a time

 21

1      crunch, he needed to get back to the Boy
2      Scout --
3 Q.   Boy Scouts?
4 A.   -- to the Boy Scouts.
5 Q.   What was the weather like?
6 A.   He stated -- stated it was snowing, it was
7      pretty bad weather.  He said that -- so he
8      couldn't get to the barn, so he found this --
9      found this bridge that was close to the barn,
10      and he got to the bridge and he yanked her out
11      of -- to the back of the car.  She fell out on
12      the -- onto the roadway, and then he drug her
13      underneath -- underneath the bridge on 117th,
14      about 3600 West 117th Street North.
15 Q.   And that would be the bridge, is that correct?
16 A.   That's correct.  This -- this is the bridge
17      here.
18 Q.   And is that where he dumped her?
19 A.   He dumped her out.  Like I stated, he yanked her
20      out of the car, drug her underneath the bridge,
21      dumped her underneath the bridge with all the
22      debris and trash that was underneath there.
23 Q.   Then where did he go?
24 A.   He left -- he left here, headed back towards
25      Harvey County West Lake.  There was a barn that

 22

1      I believe was his barn that he wanted to take
2      her to in the first place.  He stopped there or
3      he went on -- went on to -- back to -- back to
4      Harvey County West Lake, back to the Boy Scouts.
5 Q.   And partied with the Boy Scouts?
6 A.   Yes.
7 Q.   Did he run into anybody else that night?
8 A.   Not that night.
9 Q.   All right.  Now, this would have been the Friday
10      evening, and so he would have first made contact
11      with her sometime after she had been -- got --
12      gotten home at 7:30 in the evening, so you said
13      I think earlier, somewhere around 9:30 or so he
14      would have broken into her house?
15 A.   Correct.
16 Q.   Do you have any time estimate about when he
17      finished up and dumped her under the bridge?
18 A.   I would say at least a couple of hours.  So it
19      would have been midnight, after midnight.
20 Q.   And so at some point after that -- do they
21      normally spend the night up at that Trappers'
22      Lodge?
23 A.   That's correct.  It's an all-night camp out.
24      It's over a two-day time period.
25 Q.   And now he would have been in his -- his kill

 23

1      clothes, is that right?
2 A.   That's correct.
3 Q.   Did he indicate whether he changed or anything
4      like that?
5 A.   I don't -- I don't believe that he -- he
6      indicated that.
7 Q.   But he would have had to go to --
8 A.   He'd have had to change back into his Boy Scout
9      uniform going back to the Trappers' Rendezvous.
10 Q.   Now, that would bring us to the -- the next day,
11      which would have been Saturday the 19th, when
12      the law enforcement officers were then alerted
13      to the fact that Dolores Davis is missing; is
14      that correct?
15 A.   That is correct.
16 Q.   But on that same day, January the 19th, are
17      there further activities by Dennis Rader with
18      the -- the body of Dolores Davis?  Does he have
19      any contact again with Dolores Davis?
20 A.   Yes, he does.
21 Q.   Tell us about that.
22 A.   He stated that that night, on Saturday, he
23      went -- he left -- he left Trappers' Rendezvous
24      up there at Harvey County West Lake Boy Scout
25      activity.  He drove back to Sedgwick.  He wanted

 24

1      to see if there was anything on the news about
2      it.  He -- he stopped in a convenience store.
3      He made some excuse with the Boy Scouts he had a
4      headache or he needed to go get some aspirin or
5      something like that.  He left, went to Sedgwick,
6      then he drove over to the rest area on I-135,
7      just north of the county line.  He went in that
8      rest area.  He was in his Boy Scout uniform.  He
9      went into the bathroom to change back into his
10      hit clothes.  He stated his kill clothes.  While
11      he was in the bathroom changing clothes, a
12      highway patrolman came in and asked him what he
13      was doing.
14 Q.   Now, that particular area, is it normal that the
15      highway patrol might stop at that area?
16 A.   Yes, they do.  It's very normal.
17 Q.   Why is that?
18 A.   They check the rest areas for -- for crimes
19      being committed.  They have a lot of problems
20      with complaints from patrons that go in to use
21      the restroom being approached by unsavory
22      characters.
23 Q.   All right.  So what happened, according to
24      Mr. Rader, about meeting up with a highway
25      patrolman?

 25

1 A.   Well, he stated that he's in there changing his
2      clothes, the highway patrolman comes in and says
3      what are you doing.  And -- and he thought -- I
4      believe he states here, he says, he says shit,
5      I'm -- I'm done, and his heart's going 90 miles
6      an hour.  He tells the state trooper that --
7      that he was -- he's going to Trappers'
8      Rendezvous, he's changing clothes.  And the
9      state trooper says well, when you get done, I
10      need to talk to you.  He gets done.  He's
11      changing his clothes.  He goes out.  He's -- he
12      states -- he stated to me he's really worried
13      because he still had Ms. Davis's jewelry box,
14      all the things that he had taken out of her --
15      out of her house in his car, and he thought he
16      was caught.
17 Q.   But the officer let him -- let him go.  He
18      didn't have the body?
19 A.   No, he didn't have the body.  He checked him out
20      and he bought his story and he went on his way.
21 Q.   Where did he go when he left?
22 A.   He left there, went back to -- to the bridge on
23      117th to take his pictures.
24 Q.   And he indicated it was a foggy night, couldn't
25      see anything, is that right?

 26

1 A.   Pretty foggy.  Pretty foggy, he stated.
2 Q.   And then on that occasion he's able to locate
3      her, and he found that she looked somewhat
4      different than she had when he had dropped her
5      off the night before; is that correct?
6 A.   That is correct.
7 Q.   And what was the difference?
8 A.   He stated that -- he stated that animals
9      appeared to have been eating on her body, had
10      visited her, and that her breasts were kind of
11      strange looking.  He stated they kind of creeped
12      him out.
13 Q.   Did he photograph Ms. Davis at that location
14      that night?
15 A.   Yes, he did.
16 Q.   Is this -- this is actually a crime-scene
17      photograph, is that correct?
18 A.   Yes.  This is a crime-scene photograph
19      underneath the bridge there on 117th.
20 Q.   And this had been after she was discovered by
21      law enforcement officers?
22 A.   That is correct.
23 Q.   And I notice that there's a mask.  Where did
24      that mask come from?
25 A.   This mask here was left at the crime scene next

 27

1      to her body.
2 Q.   And we blurred out part of the torso on that?
3 A.   That's correct.
4 Q.   That is not the original crime-scene photo?
5 A.   That is correct.
6 Q.   And there was also a mask that was found
7      underneath the bridge, and is this the -- the
8      mask that we're talking about that he put on
9      her?
10 A.   Yes.  He stated he put this mask on her.
11 Q.   And he said that he put the mask on her for what
12      reason?
13 A.   He wanted a prettier -- pretty her up, his
14      words.  He wanted to pretty her up a little bit.
15 Q.   Okay.  I'm going to hand you what's been marked
16      for exhibit -- State's Exhibit Number 23 and ask
17      if you would take a look and identify this item,
18      please.
19 A.   (Witness complied with the request)
20 Q.   Can you turn that towards us?
21 A.   (Witness complied with the request)
22 Q.   What is that, sir?
23 A.   This is a plastic mask that's been painted.
24 Q.   And the -- is that one of those just the very
25      thin type of plastic masks?

 28

1 A.   Yes, it is.  It's a thin -- thin plastic with
2      this cord on it.  It appears to be like a --
3      like a Venetian blind cord.
4 Q.   All right.  And has that been painted over, the
5      original mask itself?
6 A.   That's correct.  The mask itself has been
7      painted a flesh-tone color, red lips have been
8      added to it, with black parting the lips.  There
9      has been black that's been added to the nostrils
10      to make it more life-like, and also eyebrows and
11      eyelashes have been added to this.
12 Q.   And eyebrows?
13 A.   Yes, ma'am.
14 Q.   And that would have been the mask that was found
15      next to Dolores Davis as she laid in repose
16      under the bridge when she was found by law
17      enforcement officers?
18 A.   That is correct.
19 Q.   And this is also the mask that Dennis Rader
20      discussed that he placed on Dolores Davis to
21      make her look pretty or more feminine, is that
22      correct?
23 A.   That's correct.
24 Q.   And when you discussed this with Dennis Rader,
25      what else was there about that mask?  What was

 29

1      he doing with that mask?
2 A.   He stated that -- I asked him did she wear the
3      mask, and he said yeah, and he stated -- he said
4      that's my mask.  And I said your mask?  And he
5      said, yeah, that's my mask, I wear that mask
6      too.  And he stated that -- I had a -- I guess a
7      strange look on my face, and he said well, I --
8      I pose myself in bondage pictures with this
9      mask, and you'll find those in my -- in my
10      stash.
11 Q.   So he would use that personally as his own mask?
12 A.   Yes.
13 Q.   And then use it for his bondage escapades, is
14      that right?
15 A.   That's correct.
16 Q.   And then he utilized it to pretty up the
17      deceased, Dolores Davis?
18 A.   He stated that he put it on her to -- to take
19      his pictures to pretty her up, to make her more
20      feminine looking.
21 Q.   Did he indicate whether he had more than one
22      mask?
23 A.   He said he had a couple.  He said that he -- he
24      bought this up in -- in Hays, Kansas, when he
25      was up there working and trolling.

 30

1 Q.   Okay.  And so that's one of a collection of
2      masks that he might have had?
3 A.   That's correct.
4 Q.   And when you were involved in the --
5 A.   I'll put that back.
6 Q.   Yeah, would you do that for me, please.
7 A.   (Witness complied with the request)
8                MS. FOULSTON:  Counsel, did you want
9      to see that?
10                MR. OSBURN:  No.
11                MS. FOULSTON:  I move for the
12      admission of State's Exhibit Number 23.
13                MR. OSBURN:  No objection, Your Honor.
14                THE COURT:  Exhibit 23 will be
15      admitted.
16 Q.   When you had worked with the other officers in
17      doing the search warrants, did you locate
18      photographs or other items indicating that
19      Mr. Rader indeed did use photographs -- masks
20      for bondage purposes?
21 A.   Yes, he did.  Yes.
22 Q.   Okay.  Now again, Mr. Rader had indicated that
23      he had placed the mask on Mrs. Davis and that he
24      had photographed her; is that right?
25 A.   That is correct.

 31

1 Q.   I'm going to show you a photograph.  These are
2      graphic, not for all viewing audiences.  Now,
3      they have been airbrushed, but these are
4      original Polaroids that were found in the -- by
5      search warrant in Mr. Rader's mother lode or
6      collection of photographs that he had?
7 A.   That's correct.
8 Q.   Can you identify those, please?
9 A.   That's correct.  These are -- this is
10      Mrs. Davis's body.  As you can see in this
11      photograph here, her hands bound at the wrist by
12      the -- by the pantyhose.  He took several of
13      these, several photographs here.  This one here,
14      there's pantyhose bound around her ankle -- or
15      knee area.  You can see the pantyhose here,
16      bound at her ankles.  Right here you see
17      pantyhose that go from -- from this binding up
18      her back, this area.  He had pulled down her
19      robe, night gown to expose her breast area, and
20      in this area he pulled down her -- her underwear
21      to expose the pubic area.
22 Q.   Now, there were -- were there more photographs
23      than just these three?
24 A.   Yes.
25 Q.   Oh, thank you.  Again, some binding photographs

 32

1      from the autopsy.  Do these reflect the way that
2      she appeared at the time of her autopsy?
3 A.   Yes, ma'am.
4 Q.   Again, the bindings.  Again, you said that
5      Mr. Rader was wearing the mask and that -- now,
6      he uses the words here, those are me
7      assimilated.  Is this -- do you know what he
8      meant by that?
9 A.   I believe he meant simulating bondage.
10 Q.   Simulating?
11 A.   I believe it meant simulating, but he stated
12      assimilated.
13 Q.   All right.  And again, his discussion about the
14      dressing up in women's clothes and doing his
15      sexual things and wearing those masks; is that
16      right?
17 A.   Yes.
18 Q.   Again, this is a close-up photograph of that
19      mask; is that correct?
20 A.   That is correct.
21 Q.   And here we have some other photographs of -- of
22      masks, and can you explain what these are?
23 A.   These -- these masks right here are basically
24      the same style of mask, except they're marked
25      different.  They have these areas here on the

 33

1      cheeks, would be like rouge or something like
2      that, to bring that out.  This appears to me to
3      be another mask up here.  This is another mask
4      in this picture here, with the chains, the --
5      the rope, the bindings.
6 Q.   Where did these photographs come from?
7 A.   Those came out of his collection that was found
8      during the search warrants.
9 Q.   And -- and again, there's some information that
10      he gave with regard to that.  Would you explain?
11 A.   He stated that -- he stated that he painted the
12      flesh color, put some nice lips on it, a little
13      bit of a smile, like a pretty girl.  He told me
14      that he -- he would wear the mask to do his
15      sexual fantasy stuff, his self-bondage.  He'd
16      put -- put the mask on and wear that.  He would
17      also take pictures of it so -- looking more
18      fem -- more female, and that he looked like he
19      was in distress, like he was -- he was a victim
20      or that he was posing as one of his own victims.
21 Q.   And this photograph, can you tell me what this
22      is?
23 A.   This is a picture that was found in his -- in
24      the search warrant of Mr. Rader, where he's tied
25      himself to a chair, wearing a wig and wearing

 34

1      one of these masks.
2 Q.   And do you know where this photograph might have
3      been taken?
4 A.   I -- I really don't.
5 Q.   Do you know if he ever left home with his
6      bondage and women's apparel and went to hotels?
7 A.   I believe -- yes, I believe I was told that,
8      that he did do that.
9 Q.   And do you know if this could have been one of
10      those occasions?
11 A.   This could have been at a motel, this could have
12      been at his mother and father's house.
13 Q.   So he also did this at his parents' house?
14 A.   That's correct.
15 Q.   In the basement?
16 A.   That's correct.
17 Q.   Now, he indicated that -- or throughout your
18      testimony, as well as the other officers, that
19      he had acquired through theft at some of his
20      victims' home feminine apparel and jewelry; is
21      that correct?
22 A.   That is correct.
23 Q.   He refers to it, I believe, as feminine affair.
24      And I believe you indicated that he left some of
25      these things in a -- in a cubby at Christ

 35

1      Lutheran Church; is that right?
2 A.   That's correct.
3 Q.   And at the -- this would be the Christ Lutheran
4      Church as it presently exists at 53rd and
5      Hillside, is that right?
6 A.   That is correct.
7 Q.   Again, there's graphic photos, not for viewing
8      by all audiences.  Captain Houston, when
9      Mr. Rader left the home of Dolores Davis, he had
10      indicated to you that he took apparel with him;
11      is that right?
12 A.   Yes, he did.
13 Q.   And that he had also taken some jewelry and
14      other items from her home?
15 A.   Took jewelry, he took feminine apparel,
16      pantyhose, underwear, her camera, her driver's
17      license, social security.
18 Q.   Now, he had a name for the project in killing
19      Mrs. Davis, did he not?
20 A.   Project dogside.
21 Q.   Do you recognize this photograph?
22 A.   Yes, I do.
23 Q.   What is that?
24 A.   It's a photograph that was found on the search
25      warrant of Mr. Rader bound, looks like a belt

 36

1      here, other bindings, and he's dressed in some
2      of the apparel that was taken from Mrs. Davis's
3      residence.
4 Q.   Okay.  And that was a Polaroid photograph?
5 A.   That's correct.
6 Q.   And now that has been cropped, is that correct?
7 A.   Yes, ma'am.
8 Q.   And do you recall handwriting on the bottom of
9      that particular photograph?
10 A.   Yes, I do.
11 Q.   And the photograph itself was in Mr. Rader's
12      handwriting, was it not?
13 A.   Yes, it was.
14 Q.   And do you recall it saying 1-91, mom, folks'
15      house, PJ dogside apparel?
16 A.   That is correct.
17 Q.   All right.  So he photographed himself and
18      identified the clothing as being that of
19      Mrs. Davis?
20 A.   That is correct.
21 Q.   And her death was in January of 1991?
22 A.   Yes, it was.
23 Q.   So shortly after killing Mrs. Davis he then
24      posed in her clothing in bondage at his parents'
25      home in the basement?

 37

1 A.   That is correct.
2 Q.   And this is that photograph?
3 A.   Yes, ma'am.
4 Q.   Again, there was a second picture in that.
5      There were more than one photograph of -- of
6      Mr. Rader in this stash, is that right?
7 A.   There were several photographs.
8 Q.   How many, there's more than several?
9 A.   There was more than several.  There was tons.
10 Q.   All right.  And we've selected two.  This would
11      be number two, and in this photo he had on, if
12      you recall by the legend on the cropped photo,
13      that it also had other victims' apparel
14      including, quote, most of PJ dogside's apparel?
15 A.   That is correct.
16 Q.   And this, again, was taken where?
17 A.   This was in the basement of his mother and
18      father's residence.
19 Q.   All right.  And this was one of many?
20 A.   Numerous, numerous photos.
21 Q.   And this was identified with his own writing as
22      being done in January of '91, his folks' house,
23      wearing PJ dogside's apparel?
24 A.   Yes.  Right down in here it's got his
25      handwriting.  The original photograph has his

 38

1      handwriting.
2 Q.   And he indicated to you that he also had some
3      other personal items belonging to Mrs. Davis,
4      and one of those would have been her driver's
5      license; is that correct?
6 A.   Yes.
7 Q.   And those items were found in his possession, is
8      that correct?
9 A.   That is correct.
10 Q.   And those are identified here as her driver's
11      license and Social Security card?
12 A.   That is correct.
13 Q.   In addition to Mr. Rader keeping personal items
14      or trophies taken from victims, he also had a
15      habit of keeping news releases regarding
16      individual victims; is that right?
17 A.   Yes, he did.
18 Q.   What did you find when you looked through some
19      of the materials or all of the materials that
20      came from Mr. Rader's stash?
21 A.   This -- this one here is from the Wichita Eagle,
22      dated up here at the top in his handwriting.  We
23      were seeking the clues in Mrs. Davis's death.
24      This is from The Wichita Eagle as well, dated
25      February the 5th.  This was -- would have been

 39

1      after her body was found on 117th and Park City
2      residents were -- they were pretty nervous about
3      this.
4 Q.   You know, you -- as you were in this community
5      and you've been here for most of your life, is
6      that correct?
7 A.   I've lived here all of my life.
8 Q.   Now, when you look at that report there from the
9      Wichita Eagle, and it's dated February 1991, it
10      says Park City Residents Jittery After Last --
11      Latest Killing.  And Mr. Rader was a resident of
12      Park City?
13 A.   That's correct.
14 Q.   All right.  And it says jittery.  Would jittery
15      be a fair word to use about the way people felt?
16 A.   I don't -- I don't think that word does it
17      justice.  During that time period, I was the
18      original case detective on this.  The Park
19      City -- the Park City community was very upset.
20      They were very -- they were worried about this
21      because the media had already -- they were
22      trying to make the link between Marine Hedge's
23      death, Dolores Davis's death, and they were --
24      they were extremely concerned about -- about
25      this -- this latest killing.

 40

1 Q.   Jittery would be like you had a couple -- too
2      many cups of coffee.
3 A.   If you --
4 Q.   That wasn't the case?
5 A.   No, that wasn't the case.
6 Q.   And in -- in your connection with the other
7      cases and these cases as well, the -- the --
8      would you describe, you know, as a law
9      enforcement officer, the general nature of the
10      fear in the community regarding these killings
11      and the other killings centering around our
12      community?  I mean, what was the pulse of the
13      community?
14 A.   At that point in time there was a lot of
15      speculation that was going on.  They were --
16      they were trying -- the media was really
17      after -- trying to make the link between Ma --
18      Marine Hedge, Dolores Davis, the Oteros, Nancy
19      Fox.  They were trying to make all that -- they
20      were trying to make it all go.  And the -- the
21      community was -- was really -- not just Park
22      City, but the -- the community in Sedgwick
23      County was very concerned about this, that there
24      was another killing, that these could have been
25      BTK killings.  And I believe during that period

 41

1      of time self-defense classes were going hot and
2      heavy, people were talking about buying guns,
3      dogs, and things like that to protect themselves
4      with.
5 Q.   In a recent interview that was just done with
6      Dateline, Mr. Rader stated that he didn't
7      realize that he was terrorizing the community.
8 A.   That's correct.
9 Q.   Would you disagree?
10 A.   I would disagree.
11 Q.   And in his discussions with you, did you get any
12      different impression?
13 A.   I -- I believe -- from --
14                MR. OSBURN:  Your Honor, I'm going to
15      object.  This calls for speculation.
16                THE COURT:  Sustained.
17 Q.   In your impression, Captain, and your work in
18      law enforcement, would it be your opinion that
19      the -- that the terror rate in our community
20      might have been on a higher level than orange?
21 A.   Correct.
22 Q.   I'm going to show you a diagram, and that was
23      part of that journal that we had looked at
24      earlier.  Can you explain what this is?
25 A.   This was found -- this was found in his -- his

 42

1      journal.  This is a diagram of his trek, his
2      kill on Dolores Davis of where -- where it
3      occurred, where he went, his path, how his --
4      how he travelled and what he did.
5 Q.   So it was that very circuitous route that you
6      and I had talked about of going from Trappers'
7      down to the church and dropping a car and going
8      over to the house by foot and coming back and to
9      the lakes and all -- all of that discussion that
10      we had, quite a bit of maneuvering, is that
11      right?
12 A.   That's correct.  This is all his drawing.  He
13      even has a legend over here on how he walked,
14      his trip back to his car, the -- he states here
15      dogside car, the trek that he took or the route
16      that he took with Ms. Davis's vehicle.  And I
17      believe that states, you can hardly read it,
18      before PJ my car.
19 Q.   All right.  So that would be contained in this
20      13-page handwritten document.  That is actually
21      the last page of this 13-page document, is that
22      correct?
23 A.   That's correct.
24 Q.   And the next photo actually shows one of the
25      pages, the first page of that 13-page story

 43

1      written by Mr. Rader describing the murder of
2      Dolores Davis?
3 A.   That is correct.
4 Q.   Okay.  Now, also in that mother lode, the notes
5      and the codes and all these different puzzles
6      and things that Mr. Rader had done in his spare
7      time, there is also some information about one
8      of his interests and what he was going to do
9      with Ms. -- with Ms. Davis.  Can you explain
10      where -- what that is?
11 A.   This up in here is his code stuff.  He -- when I
12      read this, it kind of went back to what he told
13      me in the interview, where he made that attempt
14      on the house and the cat scared him off.  It
15      says -- states here PJ dogside attempt, he dug
16      hole at Lake Cheney, explore area to drop off --
17 Q.   Victim?
18 A.   -- victim.  Due to rain, then he has crossed out
19      here, I believe that's bind or something and
20      church, took picture of self with, then they
21      crossed out here victim.  I don't know what that
22      is, and then --
23 Q.   Future?
24 A.   -- future bonding -- bondage for victims.
25 Q.   All right.

 44

1 A.   I believe.
2 Q.   So what happened then?
3 A.   Well, when they -- when this was found here, he
4      was going to take her to Cheney.  And in his --
5      in his stash, his mother lode, there was some
6      photographs that were -- that were found that
7      are marked Cheney Lake.
8 Q.   Had you had any discussion with him about this?
9 A.   No.
10 Q.   So it wasn't until after you went through the
11      documents that you found that his -- his idea
12      was to bury Ms. Davis at Cheney Lake?
13 A.   That's correct.
14 Q.   But he didn't want the hole to go to waste, is
15      that right?
16 A.   Yes.
17 Q.   So he took photographs of himself?
18 A.   Yes, he did.
19 Q.   All right.  And we have those photographs, and
20      these are the photographs of the grave that was
21      dug for Mrs. Davis, is that right?
22 A.   That's correct.
23 Q.   And who is that in that grave?
24 A.   This is -- this is Dennis Rader laying in this
25      shallow grave.  There's a shovel here, some

 45

1      plastic sheeting.  He's laying in this grave
2      with this -- with this mask on.  And this is --
3      this is the mask that he used on Dolores Davis
4      because this black tape that we -- we found
5      under microscopic examination the residue of
6      this tape over the mouth area.
7 Q.   That would be on Exhibit 23?
8 A.   That's correct.  This is -- this is another
9      picture here, and I believe this -- I think
10      that's a cord or something maybe to the camera
11      where he's got a remote.
12 Q.   That would be my next question of, did he have a
13      photographer with him or did he do this himself?
14 A.   He had a remote.  This is a remote cord so he
15      can snap his own pictures.
16 Q.   All right.  So he would dig the hole for
17      Mrs. Davis, then bury himself in it and have a
18      remote for his camera and take the pictures?
19 A.   That is correct.
20                MS. FOULSTON:  Thank you, Captain.
21      Nothing further.
22                MR. OSBURN:  No questions, Your Honor.
23                THE COURT:  All right.  May this
24      witness be excused?
25                MS. FOULSTON:  By the State.

 46

1                MR. OSBURN:  Yes, Your Honor.
2                THE COURT:  All right.  Thank you,
3      sir, you're excused.
4                CAPTAIN HOUSTON:  Thank you.
5                THE COURT:  All right.  The State may
6      call their next witness.
7                (Sotto voce conversation)
8              LIEUTENANT KENNETH LANDWEHR
9 Having been first duly sworn to tell the truth, the
10 whole truth and nothing but the truth, testified as
11 follows:
12                  DIRECT EXAMINATION
13 BY MS. FOULSTON:
14 Q.   You were right behind me.  I didn't even see
15      you.  I'm sorry.
16 A.   Sorry.
17 Q.   No problem.  Good morning, sir.
18 A.   Good morning.
19 Q.   I suspect you might be Lieutenant Ken Landwehr
20      of the Wichita Police Department?
21 A.   Yes, ma'am.
22 Q.   And head of the BTK Task Force?
23 A.   Yes.
24 Q.   And we would be here this morning to talk about
25      the many faces of Dennis Rader.

 47

1 A.   Yes, ma'am.
2 Q.   Lieutenant Landwehr, in your career you have
3      handled quite a number of homicide cases, is
4      that correct?
5 A.   Yes, ma'am, I have.
6 Q.   And in fact, you have handled serial killer
7      cases in the past --
8 A.   Yes.
9 Q.   -- is that right?
10 A.   Yes, ma'am.
11 Q.   And this case would be different from those, is
12      that right?
13 A.   Yes, ma'am.
14 Q.   In what ways?
15 A.   In this case we have a -- a long time between --
16      between actual victims or actual deaths.  In
17      this case we had a killer that was writing us,
18      also writing the newspaper, the media outlets,
19      and basically was very selective, it appeared,
20      in his victims.
21 Q.   When did you first come into contact with this
22      particular case?
23 A.   In July of 1984.
24 Q.   And how did you become assigned to work on this
25      case, for what reason?

 48

1 A.   I was assigned along with six other
2      investigators, a lieutenant and a captain by
3      Chief LaMunyon, to resolve the BTK case as a
4      cold case in 1984.
5 Q.   And so when you began to work on that case, most
6      of the homicides that were actually committed
7      had been committed by that time, is that right?
8 A.   Yes.  There were seven homicides at that time.
9 Q.   And as a cold case detective it was your
10      responsibility then to put all of the homicides
11      in the city of Wichita together to review them
12      and to see what you could revive from those
13      cases and reinvestigate in an effort to solve
14      them, is that correct?
15 A.   Yes, ma'am.
16 Q.   And in doing so you would what, reopen each of
17      the cases and work on them independently, is
18      that right?
19 A.   We would be assigned individual cases, plus we
20      all had studied all the cases together.  We
21      would read the reports.  We'd find notes, and we
22      would go through the evidence to make sure that
23      it was still being maintained by the Wichita
24      Police Department and to assess if we should be
25      doing some testing on certain evidence from the

 49

1      '70s, now it was the '80s, to see if there was
2      new technology that might assist us in
3      identifying the perpetrator.
4 Q.   And if we fast forward then to February of 2005,
5      we know that the work you did proved to -- to be
6      successful with the arrest of Dennis Rader in
7      Feb -- on February 25th of 2005; is that
8      correct?
9 A.   Yes.  The evidence that we -- that they
10      collected back at the crime scenes we still had,
11      and we were still able to get profiles from
12      evidence on two of those cases that identified
13      Mr. Rader as being BTK.
14 Q.   And on February the 25th of 2005 you were able,
15      for the first time, to engage in a controlled
16      conversation with Dennis Rader and begin to
17      unravel the history and chronicle of those
18      cases, is that correct?
19 A.   Yes, ma'am.
20 Q.   Approximately how long a period of time in total
21      did the discussion and statement of Mr. Rader
22      take with the various officers who were present
23      and making inquiry?
24 A.   We would have -- Mr. Rader was arrested shortly
25      after 12:15 in Park City.  He was placed in a

 50

1      car with myself, Assistant Director Thomas, and
2      Detective Relph, and we then transported him to
3      the fourth floor of the Epic Center.  A search
4      warrant was executed at that time for his DNA
5      sample, and we shortly after that began a
6      interrogation of him that lasted all the way
7      through Friday, to about 10:00 o'clock Friday --
8      Friday night, and we then took a break; and then
9      we resume -- we restarted that interview in the
10      morning around 8:00, took a two-hour break
11      around 10:00, and then would talk to Mr. Rader
12      until about 6:00 or 7:00 o'clock, I believe, in
13      the evening of Saturday, and then he was taken
14      to the adult detention facility here at Sedgwick
15      County.
16 Q.   Now, something unusual happened at the time of
17      the arrest of Mr. Rader when he got into the
18      police car and you were seated in the back of
19      that vehicle, is that correct?
20 A.   Yes, ma'am.
21 Q.   In fact, the first words were his
22      acknowledgement as to who you were?
23 A.   That's correct.
24 Q.   And he said?
25 A.   Hello, Mr. Landwehr.

 51

1 Q.   So from all of the publicity attendant to this
2      particular case, you had never met this man
3      before, had you?
4 A.   No, I had not.
5 Q.   But he recognized you?
6 A.   Yes.
7 Q.   And that was in some ways helpful, because you
8      were the individual that was conducting the
9      primary interrogation of Mr. Rader?
10 A.   Yes, ma'am, it was.
11 Q.   And in fact, during that interrogation one might
12      say that there seemed to be a relationship of
13      Mr. Rader having some comfort zone in talking
14      with you during that -- those lengthy periods of
15      time during that interrogation?
16 A.   Yes, I believe there was.
17 Q.   In fact, when I was watching the Dateline show
18      this past weekend, Mr. Rader commented about the
19      fact that he felt a lot of camaraderie with
20      the -- with you.  Did you see that on
21      television?
22 A.   Yes, I did see that on TV.
23 Q.   And he felt pretty good about it because, after
24      all, he said that he felt that he was a law
25      enforcement officer and that you were too, and

 52

1      that he felt that camaraderie; do you remember
2      hearing that?
3 A.   Yes, I do.
4 Q.   Mr. Rader's not a law enforcement officer, he's
5      a dog catcher, is that right?
6 A.   Yes, ma'am.
7 Q.   And you weren't there to be friends with him,
8      were you?
9 A.   No, ma'am.
10 Q.   You were there to get the information?
11 A.   Yes, ma'am.
12 Q.   And that's what you're imparting to us today?
13 A.   Yes.
14 Q.   Mr. Rader has three segments, if you will, that
15      he portrays.  And this is kind of laid out in
16      some ways.  Would you agree, sir, that he has a
17      personality that is in the public and a private
18      personality?
19                MR. OSBURN:  Your Honor, I'm going to
20      object.  This is opinion.  This is more suited
21      to argument.  It's not evidence.
22                THE COURT:  I'll sustain.
23 Q.   In your experience in talking with Mr. Rader,
24      did he express to you his different -- his
25      different personalities?

 53

1 A.   Yes.
2 Q.   And what were those personalities?
3                MR. OSBURN:  Again, Your Honor, this
4      calls for opinion.
5                THE COURT:  I'll sustain.  This
6      witness is not an expert and cannot give
7      opinions in regards to personality.
8                MS. FOULSTON:  Your Honor, there was
9      many discussions that they had in which
10      Mr. Rader made his statements.  I'm asking for
11      statements.
12                THE COURT:  You can form your question
13      in that way then.  Please don't form it in the
14      way of calling for his opinion.
15                MS. FOULSTON:  I didn't -- I'm sorry,
16      Your Honor.
17 Q.   In your discussions with Mr. Rader, did he
18      discuss with you his independent, individual
19      personalities?
20 A.   Yes.
21 Q.   What did he tell you?
22 A.   He said he had a compartmentalized situation
23      where he was -- he had social contacts, and
24      that's what he would call his family and the
25      people at church.  And then he had the business

 54

1      of being under factor X to be the serial killer.
2 Q.   And that one was -- were they exclusive from
3      each other or were they built into one package?
4 A.   They were all him.
5 Q.   They were all him?
6 A.   Yes.
7 Q.   I have behind me a photograph.  Can you identify
8      what that is?
9 A.   That is a photograph of the fourth floor of the
10      Epic Center in the interview room in the FBI
11      office.  Mr. Rader is sitting in green.  In the
12      center I am against the wall.  Special Agent Bob
13      Morton is seated across the table from
14      Mr. Rader.
15 Q.   Okay.  And I notice that he's not handcuffed,
16      and this was during the discussion or
17      interrogation that you had with him, is that
18      right?
19 A.   That's correct.
20 Q.   Now, during the time that you visited or talked
21      and discussed with Mr. Rader the activities
22      during that 30-year period, did he discuss with
23      you other crimes that were committed that were
24      not within the statute of limitations?
25 A.   Yes.  He discussed other crimes with us, and we

 55

1      also found notations of other crimes once we
2      executed the search warrants on his office and
3      house.
4 Q.   And he would talk to you about his trolling, is
5      that correct?
6 A.   Yes.
7 Q.   And stalking of other individuals, is that
8      right?
9 A.   Yes, ma'am.
10 Q.   And involved in all of these crimes, did you
11      also find the crimes of aggravated kidnapping of
12      all of the victims that occurred in these cases?
13 A.   In most of the victims there would be a statute,
14      which would include, because of the binding and
15      movement of them, that I would believe that we
16      would attempt to get charges on aggravated
17      kidnapping, yes.
18 Q.   And did there occur within the case of Kathryn
19      Bright and Kevin Bright an aggravated battery of
20      his -- of the shooting of Kevin Bright?
21 A.   Yes.
22 Q.   Was there also an attempted first degree murder
23      on Kevin Bright?
24 A.   Yes.
25 Q.   In the case of most all of the victims, where

 56

1      there were people home at the time of the -- the
2      breaking in by Dennis Rader, aggravated
3      burglaries committed?
4 A.   Yes.
5 Q.   And when no one was home at the house but he
6      entered into those homes, would that have been a
7      burglary?
8 A.   Yes.  Not only our victims, but we also
9      discovered other burglaries that occurred where
10      people were not at home at the time besides the
11      ones charged.
12 Q.   And in the cases -- most all of those cases did
13      he commit a theft?
14 A.   Yes.
15 Q.   Was there also theft that he communicated to you
16      that he had taken money from locations?
17 A.   Yes.
18 Q.   What locations had he taken money from?
19 A.   In the interview with reference to the Shirley
20      Vian case, he had taken a money order, did take
21      some cash from when he would check on purses of
22      the victims.  And we also discovered other items
23      that he did not discuss with us, but that he had
24      recorded in his journals of not only these
25      crimes, of other petty crimes that he had done.

 57

1 Q.   And would that have been through times when he
2      was in college and would steal money?
3 A.   Not only college, but even up until '95.
4 Q.   And would he steal money from his church?
5 A.   Yes.
6 Q.   Okay.  There were also incidents of criminal
7      threat, is that correct?
8 A.   Yes.
9 Q.   And the activities that he -- that surrounded
10      the killing of Josephine Otero would be
11      considered an aggravated indecent liberties with
12      a child; is that right?
13 A.   Yes, ma'am.
14 Q.   And there was also aggravated sexual battery on
15      most of those victims, even though there was no
16      sexual penetration, is that right?
17 A.   Yes.
18 Q.   Indeed, you also had discussion's with him where
19      animal cruelty was also a crime that had been
20      committed?
21 A.   Yes.
22 Q.   And community terrorism was surrounding all of
23      these crimes, is that right?
24 A.   Yes.  With his communications, I believe that
25      would fit.

 58

1 Q.   There was also discussion by Mr. Rader that he
2      would use his business car and that he would do
3      trolling and stalking while at work for Park
4      City, is that correct?
5 A.   He stated he would be looking, trolling at all
6      times when he was out driving around.
7 Q.   And when he mailed items to the different
8      stations for publication, there is also a
9      terroristic threat in those items as well when
10      they become published?
11 A.   I believe so, yes.
12 Q.   Mr. Rader spent a lot of time sending writings
13      and communications.  Can you take a look at that
14      and indicate to us what -- what ideas that you
15      found in his writings and talk to us a little
16      bit about his journals and his stories and et
17      cetera?
18                MR. OSBURN:  Your Honor, again, this
19      calls for an opinion of the witness.  It's
20      improper.
21                THE COURT:  Well, I'll sustain.
22      Lieutenant Landwehr cannot testify about
23      opinions.
24 Q.   Lieutenant Landwehr, when you were observing the
25      articles and the information that you found in

 59

1      the stash or the mother lode, what items did you
2      find that would be in -- in generic quantities,
3      what kind of items did you find?
4 A.   We found original documents that had been mailed
5      since 1977 of copies that had been made.  Those
6      were original documents of everything.  The only
7      one we did not find was the Nancy Fox drawing.
8      The Otero letter in '74 was sent in October of
9      '74, was an original.  It was not -- there was
10      no copy of that.  We did have all sorts of
11      different writings that were made that were
12      never mailed that he would write in his -- to
13      record what had done of other hom -- of the
14      homicides that were never sent to the press,
15      such as the Otero letter that we received that
16      was typed in '74, and then we received it in
17      June of '74 --- or 2004, excuse me.
18 Q.   I'm going to stop you here for a minute.  I have
19      what has been marked as State's Exhibit Number
20      27, and I'm going to put that by your side for a
21      minute.  It's a Rubbermaid or some kind of a --
22      a box, and I'm going to move forward a little
23      bit.  Okay.  I'm going to show -- leave it there
24      for a second, and I'm going to show you inside,
25      when you went out on the search warrant, you

 60

1      also went to Mr. Rader's office; is that
2      correct?
3 A.   Yes.
4 Q.   And he actually directed you and said, you know,
5      gee, I don't want you to go messing up my house,
6      I'll tell you where this stuff is; is that
7      right?
8 A.   That's correct.
9 Q.   So you went to his office and he said, you know,
10      go look in this cabinet here in my office?
11 A.   Yes.
12 Q.   And also go look in this -- one of these green
13      boxes and you'll find some stuff?
14 A.   Right.  The green tub that was next to that file
15      cabinet.
16 Q.   Right.  So you know he's telling you he's
17      keeping these things at his office?
18 A.   Yes.  These items were kept at his office that
19      he said that he kept locked.
20 Q.   All right.  And then when you open the drawer
21      you see a number of items and -- and this is
22      called what?
23 A.   This is what he referred to as his mother lode.
24 Q.   All right.  And these are all individually
25      labeled books or binders and files that would be

 61

1      related to what?
2 A.   Some were related to sexual fantasies, some were
3      communications, some were different ads that he
4      had cut out and things that he had.
5 Q.   So he had that right at his fingertips in the
6      office?
7 A.   Yes.  He was in the process -- he told me that
8      he was going to put all of these on a disk, so
9      he would get rid of the originals; but he was
10      going to put these on a computer system of some
11      sort while scanning them so he would have them.
12 Q.   Okay.  And he also kept collections of things at
13      his home, is that right?
14 A.   Yes, ma'am.
15 Q.   It's a pretty small home, is that right?
16 A.   Yes.  I'd say right around 900 square feet,
17      probably.
18 Q.   And within this home he had what he called hidey
19      holes?
20 A.   Yes.  He did have one particular hidey hole that
21      he did have several places that he hid things.
22 Q.   Now, the exhibit box that I put back next to
23      you, that's the same box that was in his closet
24      with his uniforms, is that right?
25 A.   Yes.  This is in his southwest bedroom, the

 62

1      master bedroom of the residence, and that is
2      where he would -- that is where that was, this
3      item was found.
4 Q.   Okay.  Let's take a look a little bit inside
5      that box, if you will.
6 A.   (Witness opening exhibit box)
7 Q.   I've pulled out a stack of three-by-five cards
8      and put a rubber band around this group.  And
9      I've got a smaller group here.  Okay.  Now, tell
10      me what these are.
11 A.   These are what Mr. Rader referred to as his
12      slick ads.  These were things he would cut out
13      of magazines and out of mailings, basically,
14      whether it be a Penney's ad, a Kohl's ad, any
15      type of ad that would have either children,
16      women, sometimes young boys, that he would cut
17      out and then he would place them by tape or glue
18      them onto a three-by-five index card as this,
19      and he would make his notations on the back of
20      these for his sexual fantasy of what he would do
21      to each of these.
22 Q.   Now, these are just normal advertisements.
23                MS. FOULSTON:  May I approach, Your
24      Honor?
25                THE COURT:  Yes.

 63

1 Q.   These are just normal advertisements that one
2      might find in a Sears catalog, is that right?
3 A.   Yes, ma'am.
4 Q.   There's -- in most of these, now there's some
5      that are -- have a little bit more pornographic
6      tone to them.  But generally, just an
7      advertisement for a bathing suit or a bra from a
8      catalog, is that correct?
9 A.   Most of these are, but then there will be some
10      cutouts that I would say would probably come
11      from something like Playboy, Penthouse,
12      something like that as well --
13 Q.   All right.
14 A.   -- that he would cut out.
15 Q.   But he could take an ordinary picture and make
16      it into an extraordinary sexual fantasy, is that
17      correct?
18 A.   That's what he said he could do, yes.
19 Q.   All right.  But that's by his making?
20 A.   That is correct.
21 Q.   Something ordinary he could make extraordinary?
22 A.   In his opinion, yes.
23 Q.   Okay.  Now, let's take one of these.  Let's just
24      take one of these and, for example, start with
25      this one.  This, can you describe the photo?

 64

1      Hold it up so it can be seen.  And that displays
2      a little girl, maybe four years old on the
3      front?
4 A.   Four to six, I would say, in a swimming suit,
5      something that you would maybe see in a K-Mart
6      ad or something like that.
7 Q.   All right.  Now, on the back of each of these
8      cards he has a template that he uses?
9 A.   Yes.
10 Q.   And he divides them into sections?
11 A.   That's correct.
12 Q.   And the first section is TN or maybe a TN.  Do
13      you know what that stands for?
14 A.   I'm sure it's on his acronym list, but I don't
15      recall a TN.
16 Q.   He has a list of acronyms?
17 A.   Yes.
18 Q.   I couldn't find it, but it may be kind of a
19      theme for this card?
20                MR. OSBURN:  Objection, Your Honor,
21      speculation.
22                THE COURT:  That is sustained.
23 Q.   Okay.
24                THE COURT:  For the record, we don't
25      know also what that card is, there might be more

 65

1      than one mark.
2 Q.   Yeah.  But what is -- what does he say at the
3      top of that card?  You hold it up and just read
4      off the back, and what does it say on the top?
5 A.   TN:  Let's play sticky finger.
6 Q.   And then underneath that is the next section,
7      what is the next section?
8 A.   It says AN:  It has blank on this one.
9 Q.   All right.
10 A.   And then ER.
11 Q.   The next section?
12 A.   I believe it's ER -- excuse me, ER or EA, 5-14
13      of '03:  SWM-star.  Right below that is 5-15 of
14      '03: NMD.
15 Q.   All right.  So here's the date, a date?
16 A.   What's that?
17 Q.   A date.
18 A.   Right, a date.  Most likely of where -- it might
19      have came from a magazine, swimwear or something
20      like that.
21 Q.   Now, I know the next one because I looked on his
22      code list, and you know what it is too?
23 A.   Yes.
24 Q.   SFX.  That would be sexual fantasy?
25 A.   That's correct.

 66

1 Q.   Okay.  What's the sexual fantasy say on that
2      one?
3 A.   In the outdoor, a blanket, in shade or warm sun,
4      sticky finger at work.
5 Q.   All right.  So he's taken that swimsuit model,
6      of a little child, and made that into a sexual
7      fantasy card?
8 A.   Yes.
9 Q.   All right.  And then here's an adult one we'll
10      give you, and this is a bra advertisement.  And
11      hold that one up.  And what does it say on that
12      one?
13 A.   Bowie's on red --
14 Q.   Boobies?
15 A.   Boobies on red.  I can't read anymore.  And RN
16      again is left blank.  ED or whatever is 5-12 of
17      '03, 5-13-03, same ones again.
18 Q.   Okay.
19 A.   And sexual fantasy on this one, on a red sheet,
20      hands bound, legs spread.
21 Q.   Then at the bottom?
22 A.   It says on the bottom, CN, bra woman, BRN,
23      probably for brown, K-Mart 4-17 of '03.
24 Q.   So that indicates where he cut it from, his
25      sexual fantasy and her arms are behind her

 67

1      back --
2 A.   Yes.
3 Q.   -- is that correct?
4 A.   Correct.
5 Q.   And so he's clipped it and then he's designed a
6      sexual fantasy to go with that?
7 A.   Yes, ma'am.
8 Q.   And these are what he calls his slick ads?
9 A.   Those are a few of his slick ads.
10 Q.   Oh.  There are more of these?
11 A.   He had hundreds, if not thousands of those, I
12      believe.
13 Q.   All right.  And these are on kind of like
14      playing cards almost, aren't they?
15 A.   They're five-by-three index cards, something
16      you'd put a recipe on or something like that.
17 Q.   Okay.  So you can -- they're portable?
18 A.   Yes.
19 Q.   Carry them with you?
20 A.   Yes.
21 Q.   Okay.  And they have -- are there any males in
22      these?
23 A.   I know that there are a few cutouts that he did
24      on his communications that he sent to us of
25      young boys, but no adult males.

 68

1 Q.   Now, what do you call -- what do you call a
2      person who has a sexual interest in little
3      girls?
4 A.   Pedophile.
5 Q.   Thank you.  Looking back into this exhibit, what
6      else do you find in this box?
7 A.   You will have magazine cutouts in some of these
8      that are going to be the whole ads themselves,
9      the whole magazines themselves, that he hasn't
10      been able to reduce to his clip cards.  He will
11      have a notebook at this location here of ones
12      that -- of females.  Again, these are now put
13      behind page protectors, they're not on the index
14      cards, of different women.  These are models
15      that are, just again, taken out, where he'll put
16      little bathroom mate, that sort of thing.
17 Q.   Now, I have a question.  Does he like them
18      because of the hairstyles?
19 A.   It doesn't appear to be any one hairstyle.  It
20      appears to be young attractive women.  These are
21      now getting into the more famous ones of
22      Ms. Berry, Meg Ryan, more famous people that he
23      would possibly have fantasies about.
24 Q.   Did he tell you what -- why he had these?
25 A.   It was just, again, one of his sexual fantasies

 69

1      of what he would be able to do if he would get
2      to California, or possibly if he would have a
3      chance.  But these were all sexual fantasies.
4      He was never to the point where he was going to
5      make an attempt at any one of these people's
6      lives, I don't believe, just a sexual fantasy,
7      that he would drive a sexual fantasy --
8 Q.   Okay.
9 A.   -- without bondage.
10                THE COURT:  All right.  Ms. Foulston,
11      I think we'll take a recess at this time.  We'll
12      be in recess until 20 minutes before the hour.
13                (Thereupon the morning recess was
14                 taken, after which the second part of
15                 the morning proceedings were taken by
16                 Sandra Berger, CSR.)
17
18
19
20
21
22
23
24
25

 70

1  STATE OF KANSAS     )
)   ss:
2  COUNTY OF SEDGWICK  )
3                 C E R T I F I C A T E
4      I, Cindy A. Tozier, a Certified Shorthand
5 Reporter, under and by virtue of the laws of the
6 State of Kansas, and a regularly appointed, qualified
7 and acting official reporter of the Eighteenth
8 Judicial District of the State of Kansas, do hereby
9 certify that as such official reporter, I was present
10 at and reported in machine shorthand the above and
11 foregoing proceedings in Case No. 05 CR 498, heard on
12 August 18, 2005.
13      That thereafter, upon the request of Mr. Tim
14 Rogers on behalf of The Wichita Eagle, I personally
15 prepared the foregoing transcript, by means of
16 computer-aided transcription, and that said
17 transcript is a true and correct copy of my shorthand
18 notes, all to the best of my knowledge and ability.
19      SIGNED, OFFICIALLY SEALED, and DELIVERED, this
20 18th day of August, 2005.
21
22                       _______________________________
Cindy A. Tozier, CSR, RPR