As a staff writer at the Patriot Ledger, I covered the federal murder trial of a serial killer and wrote an award-winning series on Massachusetts' drunken driving laws.
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Investigative Reporting
1. Jurors hear bone-chilling confession
Sampson
No emotion in Abington drifter’s taped voice as he admits killing 3 people
of Kingston and Philip McCloskey, 69, of Taunton, who
confession By DAN DeLEO
The Patriot Ledger In another trial had both offered him a ride. He killed his third victim,
s State trooper: “You killed s Gunmen pumped 14 bullets into Gregory Cormier’s Robert “Eli” Whitney, in New Hampshire.
BOSTON – In a calm, casual tone, Gary Sampson told Sampson, 44, was arrested in Vermont after breaking
somebody in Massachusetts, too?” a Vermont state trooper how he slit the throats of his two car on night of slaying, prosecutor says Page 13 into a vacation home and calling 911.
s Sampson: “I killed two people in South Shore victims and “cried for two hours” when he Without a hint of emotion in his voice, he casually
Massachusetts.” read about one of the murders in the newspaper. his federal death penalty case. They will decide whether mentioned to Vermont State Trooper Ray Keefe how he
s State trooper: “For what?”
“Yeah, I can be human,” Sampson told the trooper, who
recorded the Abington drifter’s confession after arresting to send the Abington native, who has admitted killing had committed murders in New Hampshire and Massa-
s Sampson: “For vehicles. Sick, him in Vermont two years ago. “But then I lost that.” three men in July 2001, to prison for life or to his death chusetts.
huh? Yeah, it is.” Jurors listened to Sampson’s confession yesterday dur- by lethal injection.
ing the sixth day of testimony in the sentencing phase of His murder spree took the lives of Jonathan Rizzo, 19, Please see SAMPSON — Page 2
DRIVING TO ENDANGER
A SPECIAL REPORT
Cour t
rules ban
MASS. FAILURE
BY DAN DELEO
THE PATRIOT LEDGER
on gay
D
rink and drive in Mass-
achusetts and lose your license
for a few months. Do it in
Maine and lose your car.
State rated among worst in nation marriage
illegal
Unlike Massachusetts,
which is still struggling to find
ways to address the problem of chronic
drunken drivers, Maine has been
enacting unflinching laws for 20 years.
Maine boasts some of the toughest Legislature given
laws in the nation.
The state also ranks among the top 180 days to come
five in the nation for the lowest
percentage (22) of alcohol-related up with a solution
fatalities. Massachusetts is among the
top five, at 42 percent. Patriot Ledger staff and news service
Habitual drunken drivers in Maine
face the following: BOSTON (AP) – Massachusetts’
s Vehicle impoundment and in some highest court ruled today that same-
cases forfeiture. sex couples are entitled to marry un-
s A zero tolerance blood alcohol der the state constitution, but stopped
policy for convicted repeat offenders, short of allowing marriage licenses to
meaning they can be arrested for be issued to the couples who chal-
driving with any alcohol in their blood. lenged the law.
s Enhanced penalties for drunken The Supreme Judicial Court’s 4-3
drivers whose blood alcohol level is at orders the Legislature to come up
or higher than .15, because repeat with a solution within 180 days.
offenders frequently test higher than The ruling closely matches the
.08, which is the legal level at which a 1999 Vermont Supreme Court deci-
person is considered too drunk to drive. sion that led there to the Legislature’s
Maine drivers have a harder time approval in 2000 of civil unions that
beating a drunken driving charge in give couples many of the same bene-
court because prosecutors can use fits of marriage.
refusal to take a blood alcohol breath The decision is the latest in a series
test as evidence. Drunken drivers in of victories for gay rights advocates,
Massachusetts have the right to refuse a but fell short of what the seven cou-
breath test with no legal repercussions ples who sued the state had hoped to
other than an automatic 180-day loss of receive: the right to marry their long-
license. Experts say that is a loophole time companions.
that many drunken drivers exploit. The Legislature already is consid-
Maine did not become a model ering a constitutional amendment
overnight. that would legally define a marriage
as a union between one man and one
Please see DRUNKEN DRIVER — Page 12 woman. House Speaker Thomas
Finneran has endorsed the proposal.
A similar initiative, launched by
INSIDE: Judge says hitting citizens, was defeated by the Legisla-
ture last year on a procedural vote.
drunken drivers hard s
Photo illustration by GREG DERR/The Patriot Ledger
Daniel Avila of the Massachusetts
With Massachusetts’ driving laws among the weakest in the nation and drinking being a
the first time is the best answer WHAT WORKS? large part of the culture, there isn’t much of a deterrent to keeping drunks off the road. Catholic Conference ripped the
court’s ruling. “Today’s radical deci-
sion to redefine marriage must be re-
Please see GAY — Page 2
2. No emotion as killer confesses
s SAMPSON soon as I could.”
Continued from Page 1 After Gregory dived out of the car,
As the tape played, Rizzo’s tearful Sampson got behind the wheel, put Sampson head far
XXX Thistrial soin
the car in reverse and tried to run him
parents sat in the courtroom and
hung on to one another, listening as over, Gregory testified. black only now Sampson’s
Timeline of Gary
death penalty trial
XXX on in
going
Sampson calmly talked about how he But he had already scrambled up U.S. District Court in Boston.
s Factoid here and here and
had killed someone who was “ . . . an embankment and into the woods. here and here and here – Trial
s Wednesday, Nov. 5 please
just a kid.” Sampson then sped off.
“I’ve been lucky . . . ,” Gregory s Factoid here and here and of
begins following several weeks
“It was disturbing to hear his voice hereselection. Jurors listen to two
jury and here and here please
and how matter-of-fact he was about said. “I got away from a serial taped confessions Sampson
the whole thing,” Michael Rizzo, killer.” s Factoid herefollowing his arrest
made to police and here and
Jonathan’s father, said afterward. After ditching the car nearby, here and here three murders.
in Vermont for and here please
“He knew what he was doing. He Sampson broke into a ski chalet,
s Thursday, Nov. 6 – Patrick
– XXX CREDIT LINE HERE
where he called 911. When police ar-
wasn’t impaired.” Shea of Plymouth testifies about
rived at the home, Sampson came out
Sampson’s attorneys are arguing finding the body of 69-year-old
of the house without a fight.
that their client is a “mentally dis- Philip McCloskey in a wooded
Sampson alluded to his murder
eased man” who suffers from bipolar spree just a few minutes into his ini- area in Marshfield on July 26,
disorder. tial interview with the Vermont 2001. Shea, who is now married to
At one point during his taped con- one of McCloskey’s daughters,
trooper. had joined police and family
versation with police, Sampson asked After admitting to being wanted in
them if they would “ . . . do me a fa- members in a search of the area
New Hampshire for burglary and after a Marshfield police officer
vor and shoot me? . . . Who’s going to drunken driving, Sampson said,
know? I tried to escape. Do me a fa- found McCloskey’s abandoned
“Um, I’m wanted in North Carolina Mazda minivan.
vor. Just don’t hit me in the head.” for five bank robberies. I’m also
In addition to hearing a portion of wanted in New Hampshire for mur- s Monday, Nov. 10 – Witnesses
Sampson’s confession, jurors also der. . . . And I’ll be wanted in Mass- testify about casual encounters
heard testimony that outlined his achusetts.” with Sampson in Marshfield,
capture after carjacking a North Sampson said he cried when he Bourne and Plymouth after he
Clarendon, Vt., man who had picked read about McCloskey, his first vic- killed McCloskey, and before he
him up on the side of the road. killed Jonathan Rizzo, 19, of
tim, in a local newspaper.
William Gregory, a 41-year-old Kingston, and Robert Whitney, 58,
When he saw Gregory at the police
computer-copy machine technician, of Concord, N.H.
station, he said, “That guy’s probably
narrowly escaped becoming Samp- pretty happy. . . . He could’ve ended s Wednesday, Nov. 12 – Former
son’s fourth murder victim. up in a bad situation. I am so glad I Myles Standish State Forest
Gregory pulled over on Route 4 am in custody.” worker Joseph Barrett of Abington
near West Bridgewater, Vt., and Sampson also mentioned in the con- tells jurors that Sampson praised
picked up what he thought was a fession that he had called the FBI’s him for not trusting strangers.
stranded businessman. Sampson was Boston office from a 7-Eleven in s Thursday, Nov. 13 – For the
well-dressed and was pulling a suit- Abington weeks before the murder first time, jurors see images of the
case with wheels. spree to surrender to federal authori- grisly crime scenes left in the wake
Within moments of letting Samp- ties. But the call was disconnected. of Sampson’s killing spree. The
son into his Chrysler LeBaron, Gre- “I wanted to turn myself in,” he defendant slumps in his chair and
gory had a knife to his throat. said, “and since that time, I’ve killed stares into his lap as a photo of
Sampson ordered him to turn onto three people and I’ve kidnapped one Rizzo’s body flashes on a
a dirt road, saying he intended to only in this state.” computer screen.
tie him up and steal his car. Gregory “I knew what was going to hap- s Monday, Nov. 17 – Jurors hear
slammed on the brakes, skidding the pen,” he said. a tape of Sampson’s confession to
car onto the shoulder. He jumped Asked why he committed the mur- a Vermont state trooper. A witness
from the car while it was still in drive ders, Sampson said: “I guess now describes how he managed to
and ran into nearby woods. that this is all over, I have to sit down escape from Sampson on a rural
“He would have killed me,” he said and figure out why.” Vermont highway.
after testifying, adding that he knew Dan DeLeo may be reached at
he had to get away from Sampson “as ddeleo@ledger.com.
Excerpts from Sampson’s confession
About surrendering to police: 139. I called them, it cost me a dollar and 10 cents for three
“I was going to buy a BB pistol and try to get one of you minutes. I talked to them, I told them . . . don’t call the local
guys to shoot me. But then again how would your con- authorities, you people come, I don’t want to get killed. I
science be? Actually, probably pretty clean because that was want the FBI to meet me at the Island Grove Bridge, I’ll be in
my fault.” the middle of the bridge, at 3 o’clock in the afternoon, un-
armed. Never showed up. I was there, I swear, I was there.
About his attempt to surrender to the FBI before he began Right out in the middle of the bridge, just waiting . . . I said
his killing spree: the heck with them. I guess they don’t give a damn about me
“ . . . It was about a week ago. Um, 1 o’clock in the after- or anybody else. I wanted to turn myself in and since that
noon, Abington, Massachusetts. I was at 7-Eleven on Route time I’ve killed three people. . . . ”
3. 12 Tuesday, November 18, 2003
A SPECIAL REPORT
DRIVING TO ENDANGER
Mass. fails to keep drunken drivers off the roads
GREG DERR/The Patriot Ledger
s Marshfield police officer Leo Egan, left, Detective Jeff Brennan, center, and officer Mike Dimeo arrest Arthur Payne of Marshfield on a drunken driving charge. It is at least
the second arrest for Payne, 59. He struggled with police when they tried to take him into custody after he allegedly failed a field sobriety test on Ocean Street.
are pending before the Legislature, including beginning to drink is declining.”
s DRUNKEN DRIVER
Continued from Page 1 one filed in September by Gov. Mitt Romney
that targets repeat offenders. It would increase
Harrington said the public has to want tough
laws.
MASS. RANKS AT BOTTOM WITH AN F
“It has been a slow progression,” said Except for Massachusetts, these states were given top grades for legislative initiative by
the license suspension period for second “There is a perception that alcoholism is not Mothers Against Drunk Driving.
Robert O’Connell of the Maine Bureau of offenders. a serious problem, or a serious crime, and that
Motor Vehicles. “But Maine has taken an Romney also directed the Registry of Motor makes it difficult to build support for stronger KEY: N = NO Y = YES Lower Enhanced
innovative approach to what had become a Vehicles to require interlocking breath alcohol laws. People will get what they demand,” she blood-alcohol penalties
serious problem.” test devices in the cars of convicted drunken said. License plate Vehicle Vehicle level for repeat based on .15
So have more than a dozen other states. drivers who have been given hardship license STATE confiscation impoundment forfeiture offenders or highter BAC Grade
State Rep. James Vallee, D-Franklin, a
Arizona, California, New York, Ohio, Georgia exemptions. Interlock devices prevent drivers former prosecutor in Quincy District Court Arizona N Y Y N Y B-
and others have adopted laws targeting repeat from starting their cars if their blood alcohol who spearheaded recent state acceptance of
offenders, earning them high grades from content is .08 or higher. California N Y Y N N A-
the so-called “per se” law, which defines a
Mothers Against Drunk Driving. Forty-three other states already have blood alcohol level of .08 as irrefutable proof Florida N Y N N N B+
In Maine, statistics show the new laws have interlocking device requirements on the books. in court that a person is legally drunk, said that Georgia Y N Y N Y A-
been effective. “We’re far behind in terms of drunken measure alone reduced drunken driving
The percentage of alcohol-related fatalities driving legislation and in what Massachusetts Illinois N Y Y N Y B+
in Maine has declined 32 points since 1982. fatalities by 9 percent in California the first
is ready for,” said Barbara Harrington, year it was in place. Kansas Y N N N Y B-
For the same time period, the percentage in executive director of the Massachusetts
Massachusetts declined 13 points. Still, he said, more must be done. Louisiana N N Y N Y B-
chapter of Mothers Against Drunk Driving.
“We have been progressive,” said Lynn “You can file a piece of legislation, but trying “It’s an epidemic,” said Vallee, House
chairman of the Legislature’s Judicial Maine Y Y Y Y Y B-
Mansfield, executive director of Maine to get it passed is another story.”
Mothers Against Drunk Driving. “The State and federal statistics show drinking is Committee. “Behavior needs to be changed. Massachusetts N N N N N F
message is hitting home with people, and they a large part of the culture in Massachusetts. In We need to continue to be vigilant and put Michigan Y Y Y N N B
are making smarter decisions about not 2000, only five states had a higher per-capita punishment in place to tell people you can’t do
that.” New York Y Y Y N N B
drinking and driving.” alcohol consumption rate than Massachusetts:
Lawmakers and advocates of tougher laws Alaska, Colorado, Delaware, New Hampshire Canton police Sgt. James Wolfe agrees. He North Carolina N Y Y Y Y A-
point to Maine’s statistics when they say and Nevada. said license suspension alone is not enough of
a deterrent for repeat offenders. Ohio Y Y Y N N B+
Massachusetts has far to go to get habitual Nationwide, 29 percent of young people
drunken drivers off the roads. start drinking before age 13; in Massachusetts, “The only way to solve the problem is to Oregon Y Y Y N N A-
So why has Massachusetts been so slow? the figure is 51 percent, according to the state incarcerate people for longer periods. If Utah N Y N N N B
Some say the problem lies in the Department of Public Health. they’re in jail, they’re not going to drive, and
Legislature, where there has been an ingrained “People who start drinking earlier in life are hopefully they’ll learn their lesson,” he said. Washington N Y Y N Y B+
reluctance to pass strict laws because the more likely to be in alcohol-related crashes,” Staff reporter Dennis Tatz contributed to Wisconsin N Y Y Y N B
state’s constitution would leave them open to said Ralph Hingson, a sociology professor at this story. Source: MADD: Mothers Against Drunk Driving The Patriot Ledger
legal challenge. Boston University. “That’s a concern, because Dan DeLeo may be reached at
At least a half dozen drunken driving bills nationwide, the average age of people ddeleo@ledger.com.
DEATH TOLL FROM ABOUT
DRUNKEN DRIVING Quincy judge By DENNIS TATZ
The Patriot Ledger
THE SERIES:
wenty years ago, Quincy District Court Judge
T
The arrests of more than two
Top states for percentage of fatalities
involving alcohol content of .08 or
was among first Albert Kramer thought he had the answer to
keeping repeat drunken drivers off the roads: Hit
them hard with punishment and alcohol
dozen repeat drunken drivers on
the South Shore since May
higher in 2002 treatment the first time they get caught. raised questions about the
Fatalities Percent
to take hard line Kramer’s strategy was to sentence first-time drunken
drivers to a few days in jail as a form of shock therapy,
then assign them to a 30-week alcohol treatment program.
state’s system for dealing with
multiple offenders.
alcohol- The jail sentences were his response to 1980s research How can a person with six or
related showing drunken drivers with as many as five or six seven drunken driving
1. Washington, D.C. 47 47% convictions were getting back in their cars without having convictions still be driving?
served a day behind bars.
2. South Carolina 1,053 46% Critics of Kramer’s strategy argued that there weren’t To find out, The Patriot Ledger
3. Rhode Island 84 45% enough jails to hold first-time drunken drivers, even for a reviewed months of court reports,
4. South Dakota 180 44% few days. And defendants sentenced to jail often appealed, and interviewed judges, police
5. Mass.* 459 42% clogging the courts. officers, lawyers and anti-
When Kramer’s model was adopted statewide in 1987, it
U.S. total 42,815 41% drunken driving experts.
was a watered-down version. Instead of sentencing first-
and second-time drunken drivers to jail and alcohol What we learned is that, in
*Tied with New Mexico and Texas
treatment, it permitted them to avoid jail sentences by Massachusetts, drunken driving
Source: National Center for Statistics and Analy- agreeing to get help. is still considered a petty crime.
sis/National Highway Traffic Safety Administration
The result? Drunken drivers with more than one
conviction are still getting back in their cars without having
served jail time.
Massachusetts fatalities involving
alcohol content of .01 or higher
Kramer, who retired in 1993, said, “My thinking was, Weekend
and it was clear from the studies, that 65 to 70 percent of Of the 7,306 drunken drivers
for the past 10 years first-time offenders were addicted to alcohol. If you
convicted in district courts
Fatalities Alcohol- Pct. continue to treat them as social drinkers, you are missing
the boat.” last year, only 15 percent spent
related
Kramer’s recommendations for dealing with the highly even a day in jail.
2002 459 221 48% charged issue were included in a chapter of the 1986 book
2001 477 234 49% “Drunk Driving in America – Strategies and Approaches
2000 433 216 50% to Treatment.” Yesterday
1999 414 195 47% Kramer said he continues to believe that the key to Who pays for drunken
1998 406 184 45% stopping repeat offenders is tough sentencing combined
1997 441 198 45% with forced long-term treatment programs and close driving? Often, it is everyone
1996 417 184 44% supervision by probation officers. but the driver.
1995 444 193 43% “You can’t put them in a program once a week and keep
1994 440 212 48% them sober,” he said.
1993 475 208 44% “You need to put them in an intensive program for 26 Today
TANIT SAKAKINI/for The Patriot Ledger weeks and go to AA (Alcoholics Anonymous) three to four Other states are working
* Source: National Center for Statistics and Analy- s Retired Quincy District Court Judge Albert times a week,” Kramer said. “There is no doubt that if you
sis/National Highway Traffic Safety Administration to solve the problem. Is
Kramer says the key to stopping repeat offenders is get people sober, you will have less deaths and accidents.”
tough sentencing and forced treatment. Dennis Tatz may be reached at dtatz@ledger.com. Massachuset ts?