ZODIAC CIPHERS
Richard Grinell, Coventry, England
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THE UPDATE AT ARGUELLO

4/4/2020

 
PictureOfficer Donald Fouke
"The individual I saw that night was a white male adult approximately 35 to 45 years of age, 5'10" tall, 180 to 210 pounds. Since we were looking for a negro male adult, we proceeded on Jackson Street towards Arguello continuing our search. As we arrived at Arguello Street the description of the suspect was changed to a white male adult, and believing this suspect was possibly the one involved in the shooting we entered the Presidio of San Francisco and conducted a search on West Pacific Avenue, the opposite side of the wall and the last direction we observed the suspect going, we did not find the suspect". This is the account of Officer Donald Fouke in the 1989 Crimes of the Century documentary that most people choose to ignore in favor of the account of Officer Donald Fouke in the 2007 documentary, some 18 years later. Notice that Officer Donald Fouke got the updated white male description as he arrived at Arguello. But who initiated the update to a white male? Officer Armond Pelissetti did.

In the 2007 This is the Zodiac Speaking documentary, Officer Armond Pelissetti stated "I was the first officer that responded on the scene. We responded to a radio call which told us that a cab driver was being robbed and/or possibly assaulted at the corner of Cherry and Washington. We fortunately were very close and responded to that corner, and were able to do so red light and siren at 9:55 at night and got there very quickly. I parked the car in the middle of the intersection facing the Yellow Cab, that was sitting a little bit back from the corner. There were three children that were heading over to that car about 15 or 16 feet away. I made the assumption they were coming from the home on the corner and I herded them immediately back to that alcove. The description that came out over the air was a negro male adult at the time. Went over to the cab, I could see Mr. Paul Stine, who was slumped over the front seat with his head into the well on the passenger side. There was blood all over the cab, on him, and I was 99.9% certain he was dead - and it was at that point I retook the description of the suspect and it was then I was told it was a white male - I couldn't get to the radio fast enough at that point to let everybody else know. The kids had told me whoever had done this crime had left the cab, went out the door and seemed to be wiping the cab down and reaching into the cab and ambling or walking down Cherry Street in a northerly direction, kind of towards the Presidio. I walked that way myself, I did not run because there are innumerable alcoves and parked cars, so I went down following every technique I knew so I didn't get my head blown off".  

Officer Armond Pelissetti got on the police radio at the crime scene and updated the new description of a white male to all other units. This is when Officer Donald Fouke would have been updated to the new description of a white male adult. At this point Officer Donald Fouke was at Arguello. In other words, Officer Donald Fouke was at Arguello Boulevard while Officer Armond Pelissetti was at the crime scene. They didn't meet directly from the first radio broadcast (APB) that night. Officer Donald Fouke's journey to the intersection of Jackson and Cherry from his position when receiving the first APB, can take no longer than 90 seconds (allowing for intersections). Officer Armond Pelissetti can't possibly reach the top of Cherry in 90 seconds from the first APB. That should be plainly evident. You can see from the map below, that had Officer Donald Fouke turned into Cherry Street instead of carrying on to Arguello Boulevard, he would have received the updated description of a white male at the crime scene, alongside Officer Armond Pelissetti.   

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The overarching question has always been, was the Zodiac Killer stopped and spoken to by Officers Fouke & Zelms that night? If the officers didn't stop the Zodiac Killer, then why didn't they just simply turn south into Cherry and head to the crime scene alongside Officers Pelissetti & Peda? Why did they continue west towards Arguello Boulevard. Consider this possibility.

Officer Donald Fouke is just passing Washington Street on Presidio Avenue when he gets the first APB, informing him of an assault and robbery on a taxicab driver at the intersection of Washington & Cherry. He is given the additional information to be on the lookout for a negro male adult, along with the suspect last seen heading north on Cherry towards Jackson Steet. Therefore, when Officer Donald Fouke is heading towards the crime scene on Jackson Street, he is obviously scanning the sidewalks for a black male. He spots a white man approaching the intersection of Jackson & Maple, so uses his common sense and pulls over to ask the white man "has he seen a black man in the vicinity acting suspiciously". The Zodiac Killer, not wanting the police to head to the crime scene, where he knew he had been spotted by some teenagers, who would obviously inform Officer Fouke that the suspect was a white male, said "yes officer, I have just seen a black man heading round the corner by Arguello. I think he may have a gun". Officer Donald Fouke (knowing other officers would have been dispatched to the crime scene also), had to make a split decision of heading to the assault and robbery - or continuing west on Jackson Street to intercept the black man identified by Zodiac - who is likely the perpetrator in his mind and somebody who presents an imminent danger to public safety, carrying a gun.

Officer Donald Fouke made the correct choice. The one he was clearly describing in the 1989 documentary. Officer Donald Fouke when arriving at Arguello Boulevard, gets the second APB from Officer Armond Pelissetti (who is at the crime scene updating everyone else to the revised white male description). It is at this point the alarm bells go off in Donald Fouke's head - that the white male he just passed 30 seconds earlier, last seen heading north on Maple - has just duped him big time. Knowing he had last seen the white male heading north on Maple, he assumed the man had likely traveled over the retaining wall towards Presidio Park, so he swings his patrol car into West Pacific Avenue and heads east towards Julius Kahn playground. He does a cursory search of the area before heading back to the crime scene via Cherry Street. This diversion into West Pacific Avenue and back likely taking 2 to 2 1/2 minutes. It is then he bumps into Officer Armond Pelissetti, who has now been afforded the necessary time to reach the top of Cherry, which would have been impossible directly from the initial APB. 
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Officer Donald Fouke made it appear in the 2007 documentary that he got the update to a white male off Armond Pelissetti at the top of Cherry Street. He stated "He (Armond Pelissetti) stopped us and said he was looking for a white male that had just gone down the street. There was a little conversation about what the initial description was, and he said "no he was a white male". I then used a slang term and said "oh, that was the suspect". The suggestion being, that Donald Fouke had cursed after being informed the suspect was white not black. However, in the 1989 documentary he stated "as we arrived at Arguello Street the description of the suspect was changed to a white male adult". This was before he had bumped into Armond Pelissetti that night at Cherry. Two completely different stories.

Let us use the statement of Armond Pelissetti of "we fortunately were very close and responded to that corner, and were able to do so red light and siren at 9:55 at night and got there very quickly". If he responded to the first APB at 9:55 pm, then so did Donald Fouke. It was shown that Donald Fouke could not have taken longer than 90 seconds to arrive at Jackson & Cherry from the first APB (likely less). That would be 9:56:30, where according to the 2007 documentary, he bumped into Officer Pelissetti. That means Officer Pelissetti is at the top of Cherry at 9:56:30 pm. How does Officer Pelissetti possibly arrive at the corner of Jackson & Cherry in 90 seconds, if you have read his complete statement above? This is why the version of events presented in the 2007 documentary is fiction. Officer Donald Fouke did not turn into Cherry on his approach to the crime scene - he headed to Arguello Boulevard, reacted to the updated APB, swung into West Pacific Avenue and traveled to Julius Kahn playground, before heading back to Cherry Street. He then bumped into Officer Armond Pelissetti, already knowing of the updated white male description. Because he had received it via Armond Pelissetti on the radio, approximately 2 to 2 1/2 minutes earlier at Arguello Boulevard.
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Michael Butterfield has extensively covered the Zodiac case in a series of excellent podcasts, but it is his coverage of Presidio Heights I would like to delve into.

Michael Butterfield stated "Officer Pelissetti stated he was nearby when he heard the radio call and responded at 9:58 pm. In several interviews with many individuals, including myself, Pelissetti stated he arrived on the scene, saw the body in the cab, then proceeded north on Jackson Street. Officer Fouke said he and Officer Zelms were also nearby when they heard the radio broadcast. Fouke claimed he saw the suspect as he was driving west on Jackson Street. The narrow margin of time leaves little room for the encounter described by the Zodiac. In the Zodiac's version of the story, the patrol car pulled up and one of the officers called him over to ask him if he had seen anyone acting suspicious or strange. The Zodiac responded that he saw a man running and waving a gun. The police officers then sped off around the corner as the killer directed. This exchange must have lasted at least 10 seconds, if not longer. This exchange would be much longer in any scenario where the officers actually climbed out of the patrol car, walked to the killer, talked, ran back to the car, then sped off. The Zodiac himself claimed this exchange took place approximately 3 minutes after he had left the crime scene. A video of the Zodiac's possible escape route, shows that an individual can walk at a slow and casual pace from the intersection of Washington & Cherry Streets to the intersection of Jackson & Maple in less than 3 minutes. One of the witnesses saw Zodiac walk to the intersection of Jackson & Cherry Streets. The witness told Pelissetti that the Zodiac was walking north on Cherry Street, so Pelissetti followed. Pelissetti claimed he encountered Fouke and Zelms by the time he reached Jackson Street. The witness account and Pelissetti's statements leave virtually no time for any significant encounter between Fouke, Zelms and the Zodiac. The timing indicated that the story of the Zodiac stop was not compatible with the known facts, common sense, or logic".

Michael Butterfield provided a less than complete version in this passage, namely that [1] Pelissetti stated he arrived on the scene, saw the body in the cab, then proceeded north on Jackson Street, and [2] The witness told Pelissetti that the Zodiac was walking north on Cherry Street, so Pelissetti followed. Neither of these versions happened, because Pelissetti stated in his own words that he saw the kids about 15 or 16 feet from the taxicab and herded them back to the alcove of their residence. He then stated he went over to the taxicab to check on Paul Stine and was 99.9 % certain he was dead. He then retook the description off the teenagers, before updating everybody else to the updated white male description. He then went back to the intersection to begin his journey up Cherry,
"following every technique he knew so he didn't get his head blown off". This now leaves plenty of time for Donald Fouke's encounter with Zodiac, and his excursion to Arguello Boulevard and West Pacific Avenue, before heading back to Cherry to meet with Officer Pelissetti. In Michael Butterfield's version, even if Pelissetti arrived quickly to the crime scene (say 30 seconds), then immediately traveled cautiously up Cherry to meet Donald Fouke, 2 minutes would already have elapsed. How on earth does Donald Fouke require 2 minutes to travel from Washington St/Presidio Avenue to the intersection of Jackson & Cherry. And this is omitting everything Pelissetti claimed he did at the crime scene.

From first APB, Armond Pelissetti requires at least 4 minutes to reach the top of Cherry Street. Donald Fouke requires 4 minutes to head west on Jackson Street, have a brief 10 or 20 second exchange with Zodiac, travel to Arguello Boulevard, West Pacific Avenue and Julius Kahn playground, before returning back to Cherry. From the initial APB to the intersection of Jackson & Cherry for Donald Fouke is no longer than 90 seconds (even with a brief exchange with Zodiac). Donald Fouke then has at least 2 1/2 minutes for a rudimentary search alongside Presidio Park, before his meeting at the top of Cherry with Officer Pelissetti. Michael Butterfield's timeline gives the impression of Officer Pelissetti getting the initial APB, and arriving at the top of Cherry in 90 seconds or less, which is impossible. The claim of
"virtually no time for any significant encounter between Fouke, Zelms and the Zodiac" is therefore a false one.              

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In the podcast Shadows & Fog, Michael stated "The crime scene was well preserved and police checked the fingerprints of various individuals who were there that night. Armond Pelissetti, the first responding officer at the scene, stated that he saw the traces of blood on the cab, where the fingerprints were found. More importantly, according to the available timeline of events, the witnesses watched as the killer walked away from the cab, and then watched as Pelissetti and his partner arrived at the scene. Nobody made contact with the cab between the killer's time of departure and Pelissetti's arrival". The podcast then switches to Pelissetti stating he was the "first one to be close to that cab, the kids were walking over to it - nobody else has been there. I saw the bloody prints as I approached the cab".  

This is another thing Officer Pelissetti did at the crime scene that night, again negating the version of him parking his patrol car at the intersection of Washington & Cherry and immediately heading north on Cherry. The notion of a narrow margin of time required for Donald Fouke and Eric Zelms to encounter Zodiac is way wide of the mark. The two officers had 4 minutes available to them, before arriving at the top of Cherry to meet Officer Pelissetti. They had plenty of time, to not only talk with Zodiac, but be directed away from the crime scene by him, towards Arguello Boulevard.  


Michael
4/4/2020 08:52:10 am

The strongest evidence supporting the claim that Fouke spoke with Zodiac are Fouke' s behaviour and explainations itself. If he had just past the Zodiac without stopping and speaking with him he of course would have mentioned this in his report, more likely telling it the detectives at the crime scene. There is only one reason for his behavior that is embarrassment. He and his partner decided firstly not to mention the incident but came up with only half the truth when it was clear that it was a big thing and not only an ordinary cap driver killing. Fouke's behaviour is quite human.

Richard
4/4/2020 09:25:25 am

There is lot more Michael besides, not withstanding his contradicting statements throughout the 2007 documentary. If Donald Fouke just drove past Zodiac as he claimed, one could almost believe that if it wasn't for his extensive description of a subject he wasn't actually looking for. Tan engineering boots, rust- coloured pleated pants, elasticated waistband and cuffs, graying in the rear, welsh ancestry and saw his eyes, but not eye colour. Wonderful detail of the clothes, along with 35 to 45 of age, 5'10" tall, 180 to 210 pounds, crew-cut, and light colored hair. Extremely good description, when a cursory glance at the colour of his face would have sufficed. After all, he is looking for a black man. Despite this excellent description of a subject he wasn't looking for, apparently Eric Zelms saw absolutely nothing. Fouke's statement about Zelms in the memorandum "I do not know if he observed this subject or not". Amazing that Donald gave a very comprehensive description of the subject, while not even bothering to ssk his partner if he saw the subject at all. None of it stacks up, despite the timeline.

Michael
4/4/2020 11:03:58 am

Richard, was Fouke driving the police car this night? If yes and the Zodiac was walking on the northern pavement in eastern direction wouldn't it be Zelm's job to crank down his door window and ask the Zodiac if he has seen a suspect person?

Richard
4/4/2020 11:24:56 am

Donald Fouke was driving, putting Zelms closest to the sidewalk on the north side of Jackson. He should have been Fouke's eyes.

Richard
4/4/2020 11:32:40 am

https://www.crimeandpower.com/2019/07/22/statement-analysis-exposes-the-zodiac-and-san-francisco-police-department/

BB
4/4/2020 11:28:01 am

The welsh ancestry was a description. It was a general term for a white person in those days.

I hear cops in many documentaries and interviews saying that when a subject is too detailed they are
trying too hard to convince you. Fouke seems to be over-doing-it. Lying?

Also, this description given for a black man - looks like a lie rather than a mistake.

These mistakes were otherwise the perfect storm - all in favor of the Zodiac killer?

Then 80 days later Fouke's partner is murdered. The two killers got the sweetheart deal - they did only 8 years in prison.

https://www.odmp.org/officer/14665-officer-eric-a-zelms

Richard
4/4/2020 11:39:46 am

I have always believed what Søren Korsgaard has said here, that

"Although many police officers fill out their reports in passive language for objectivity, much like scientists and scholars, Fouke switches between first and third person throughout the statement, an indication of deception".

The November 12th 1969 memorandum appears like it was written for Donald Fouke, switching between first and third person. And yes, questions remain on the validity of the NMA description - on whether it was ever issued that night or used as cover. Didn't a reddish-blond crew cut description + NMA, ever raise any eyebrows.

Memorandum:
http://www.zodiacciphers.com/uploads/4/9/7/1/4971630/7927478_orig.jpg

https://www.crimeandpower.com/2019/07/22/statement-analysis-exposes-the-zodiac-and-san-francisco-police-department/

Richard
4/4/2020 11:46:37 am

This is an excellent read on language used by Zodiac and SFPD.

https://www.crimeandpower.com/2019/07/22/statement-analysis-exposes-the-zodiac-and-san-francisco-police-department/

Richard
4/4/2020 11:56:13 am

Memorandum:

“I respectfully wish to report the following, that while responding to the area of Cherry and Washington Streets a suspect fitting the description of the Zodiac killer was observed by officer Fouke walking in an easterly direction on Jackson street and then turn north on Maple street. This subject was not stopped as the description received from communications was that of a [N]egro male. When the right description was broadcast reporting officer informed communications that a possible suspect had been seen going north on Maple Street into the Presidio, The area of Julius Kahn playground and a search was started which had negative results. The suspect that was observed by officer Fouke was a WMA 35-45 Yrs about 5’10”, 180-200 lbs. Medium heavy build – Barrel chested – Medium complexion – Light-colored hair possibly greying in rear (May have been lighting that caused this effect.) Crew cut – Wearing glasses – Dressed in dark blue waist length zipper type jacket (Navy or royal blue) Elastic cuffs and waist band zipped part way up. Brown wool pants pleeted type baggy in rear (Rust brown) May have been wearing low cut shoes. Subject at no time appeared to be in a hurry walking with a shuffling lope, Slightly bent forward head down. The subjects general appearance to classifiy him as a group would be that he might be of Welsh ancestry. My partner that night was officer E. Zelms # 1348 of Richmond station. I do not know if he observed this subject or not.”

BB
4/4/2020 01:01:57 pm

The statement analysis of Don Fouke is persuasive.

Fouke can truthfully say that “we” did not stop the Zodiac, but his statement that “we never” stopped and talked to “the man” is unreliable. Fouke continues by using the general term “anyone.” His repetitions indicate a need to persuade the listener.

He is lying?

Richard
4/4/2020 01:49:18 pm

Absolutely BB. He also stated in 2007 he saw the subject climb the stairs of 3712 Jackson St, but never saw him reach the top of the stairs. He followed up by saying he never put it in the report or told anyone. When asked why, he stated "I didn't think about it in the report, cos I assumed he didn't live in the neighbourhood, a upper middle class neighbourhood..........I don't know if he lived there or not....let the inspectors follow through".

He sees a subject entering the stairwell of a house but tells nobody. So how do the inspectors follow through something you haven't told them about. He said he didn't believe the subject lived in the neighbourhood, shortly followed by I don't know whether he lived there or not. How does he see the subject last climbing the stairs of a residence and last see the subject heading north on Maple, separated by about 100 feet. If you had seen someone enter the 3712 Jackson St stairwell, surely your first move after receiving the updated WMA description, is to head back to 3712, not travel to Presidio Park. Unless of course, you last saw the subject heading north on Maple and the 3712 Jackson St story is bogus, invented for pure theatre.

BB
4/4/2020 01:52:33 pm

These inconsistencies are what investigators look for to determine whether they are being lied to.

Donald Fouke has screwed-up bigger with this lie - than his original mistake of letting the Zodiac get away.

Yes, he is lying. And that's a bigger mistake than letting him get away. Unless, he let him go on purpose?

Two_Buck_Chuck
4/6/2020 06:00:09 am

Gentlemen,

No one wants to go down in History as the "dumb ass" who let the Zodiac get away but the description of the black male lets him off the hook. There is no shame in whatever actions he took so why the need to lie? And Zelms also gets off the hook for being a non-entity..

I often wonder how the black male description happened. Was it blatant racism or was something lost in translation? Do we know the source of this description?

Richard
4/6/2020 06:49:09 am

It could be construed as misinterpretation or racism, but the Oct. 12 San Francisco Chronicle described witnesses seeing a man that matched the teenagers running into Julius Khan playground, having last being seen by the teenagers approaching Jackson. Zodiac fills in the blank between these two sightings, stating on November 9th "p.s. 2 cops pulled a goof abot 3 min after I left the cab. I was walking down the hill to the park when this cop car pulled up + one of them called me over + asked if I saw anyone acting suspicious or strange in the last 5 to 10 min + I said yes there was this man who was runnig by waveing a gun & the cops peeled rubber + went around the corner as I directed them + I disappeared into the park a block + a half away never to be seen again". This obviously carried an air of truth, bearing the relative positions of both sets of eyewitnesses. The SFPD could have outright rejected these claims and relied on Fouke, Zelms and Pelissetti (who Fouke told) staying quiet on the sighting of a white man, or could have locked them into a lie by getting Donald Fouke to write the NMA radio broadcast description in his memorandum. This would then explain the reason why the officers claimed they didn't stop the Zodiac. The timing of the memorandum 3 days after Zodiac's ridiculing them is rather telling. If the SFPD had nothing to hide, how come we never had any statement from Eric Zelms in 1969, and the radio dispatcher has remained anonymous for 50 years. Couple this with the Fouke memorandum written in first & third person perspective, no report from Donald Fouke on the 12th October (despite one being given by Pelissetti) and a measly 2-page police report that recounts nothing after the suspect was last seen heading north on Cherry - particularly after the Zodiac wrote the October 13th letter. Didn't anything happen subsequent to the man walking up Cherry, or have these reports been "archived".

Richard
4/6/2020 06:57:02 am

Also, don't radio dispatchers ask callers to confirm details they are giving. Didn't the description of a NMA with a crew cut of reddish-blond hair raise any red flags with the dispatcher - or were there lots of black males in 1969 with reddish-blond crew cuts.

Two_Buck_Chuck
4/6/2020 07:24:45 am

That last one made me laugh Richard. I imagine there are more black males today with red crew cuts than there were in 1969. It seems like the first dispatch was of black male only and then later, perhaps the Pellisetti call, filled in the white man details. How many called the police? If there was a pay phone there I would expect Zodiac himself did it..........

As you've suggested, it would be nice to see the records of those dispatches.

Also, if they pulled over the Zodiac, Zelms would have been talking to him, so how could Fouke say he doesn't know if Zelms saw him?

I chalk up a lot of the confusion to well documented poor memory recall by humans and rather lax record keeping by the SFPD....

Richard
4/6/2020 07:49:58 am

How many called the police? Only the teenagers from what we have been told. I think Fouke was protecting Zelms, who was a rookie officer.
There was documentation provided regarding Zodiac's call at BRS and LB, but absolutely zilch regarding the exchange between the teenagers and Presidio dispatcher. It would have been nice to know the exchange.

BooBoo
4/6/2020 09:15:54 am

"There is no shame in whatever actions he took so why the need to lie?"

That is what we are exploring - Why the need to lie - if the report was flawed you did nothing wrong?

Did he lie because there never was a broadcast report of a negro male adult?

Was there some rushed comments specific to one situation then later blown up to the most common general excuse/blame of the day? A black man did it.

Two_Buck_Chuck
4/6/2020 10:08:17 am

Yeah BooBoo, my understanding is that several squad cars would have received the negro male identification. So I can't see how Fouke could fabricate that.

It almost seems a supernatural stroke of luck for Z that such a mistake was made. One wonders how? Even if black males had been robbing cab drivers at a disproportionate rate, that should have nothing to do with this particular description.

My guess is that it was an innocent booboo that changed the course of history. What a difference a word makes......!

Richard
4/6/2020 11:15:49 am

Unless all squad cars were given a white male adult description, switched to a NMA at a later date.

BB
4/6/2020 01:55:26 pm

That is it!
That is the most plausible answer.
Sure the others are possible but anything is possible.
We must go by the most plausible.
That fits the statement analysis.
Don lied. It's the only thing that makes sense.

Michael
4/6/2020 02:51:51 pm

Maybe the radio dispatcher never got a description of the offender during the telephone call with the Robbins kids. The dispatcher asked what where happened and ordered the kids to stay in the house. The situation was too exited to ask for or give a detailed description. What the dispatcher then did was what is nowadays called racial profiling. A cab driver was robbed and killed in a purely white wealthy neighborhood. So he radioed " Watch out and check if you see a NMA in that area"
The SFPD of course could not admit that they did such a racial profiling for several reasons.
Just one theory for the NMA.


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    The Zodiac Killer may have given us the answer almost word-for-word when he wrote PS. The Mt. Diablo Code concerns Radians & # inches along the radians. The code solution identified was Estimate: Four Radians and Five Inches To read more, click the image.
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Photos used under Creative Commons from Marcin Wichary, zAppledot, vyusseem, Alex Barth, Alan Cleaver, jocelynsart, Richard Perry, taberandrew, eschipul, MrJamesAckerley