oor 13. SUPERIOR COURT OtERI(
BY DAVID J. ROBeRTS
DEPI.tJY
INTHB SUl'ERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR TEE COUNTY OF KING
State ofWasbington Plaintiff/l'etitioner, VS.
NO. 06·1·0323()..2SEA
Mark W. Rathbun DefendantIRespondent.
Transcript of Defendant with Orange County l'oUce 11111/2002 is attaclled.
htlp:lldjalforms/ccforms/gr14coversheet.doc
My name is Detective Katherine Krisl
Mark?
Rathbun:
(Pause)
Collette:
Are you thinking Mark?
Kriskovic:
You were transported down here by OffICers Turley and Pat Bums from Omard, were you not?
Rathbun:
(Pause)
Kriskovic:
Mark?
Rathbun:
(Pause)
Kriskovic:
Were you transported down here by them? It's alii need is an indication.
Pause Collette:
Are you. choosing not to cooperate now?
Pause Collette:
Tell us Mark 'cause you've been very cooperative up until now.
Pause Rathbun:
I didn't hear you.
Kriskovic:
O.K. Were you .. :When you were arrested yesterday, you were transported down here by, Detectives Walt Turley and Pat Burns? Do you remember?
Rathbun:
Yes.
Kriskovic:
O.K., and during that ride from Oxnard, they advised you of your Rights. Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K. Once they brought you here, I also advised you of your Rights. Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K., and in front of me I have here our Long Beach Police Form 1000.029 which is a written advisal of your legal rIghts and you did sign your name as to understanding those rights. Did you not?
Rathbun:
Yes.
"Ktiskovic:
OK, and then we talked and like I said we talked for a few hours into this morning and then we brought you back here and talked to you for a few more hours. And what I'd like to do Mark, is just summarize a little bit of what we talked about. And that is, in fact, that you are aware that we have, what we belleve, to be a total of 31 Incidents that we believe you are responsible for. Is that correct?
Rathbun:
(pause) Yes.
Collette:
Can you speak a little louder?
Rathbun:
Yes.
Collette:
This, this tape recorder won't pick it up if you don't..
Rathbun;
Yes.
Collette:
OK, and we explained to you that there's 13 cases you've been matched on DNA positively, right?
Collette:
Is that a yes?
Rathbun: Collette:
Yes. O.K., we've been very honest and open wit'N'0u. We, told, YOU
yrn,(re '1a.qin~ r~,of'priSiJI'I,ttme(Fighp0 ~6lt€J(;!:
(Pause) Golleite:
Answer me yes, I can't. '"
Rathbun:
Yes.
Gollette:
O.K., and even though you knew all that, you still talked to us? You've been a gentleman, right?
Rathbun:
Yes .
. Gollette:
Kriskovic;
O.K. So we gotthe 13 cases. We wentthrough a lot of 'em and you told us a lot of information and that's what Katherine is gonna talk to you about, or we're goona talk to you about. Yeah, and let me jusLWe talked a little 'bit about Seattle. You, in fact, were up in Seattle in 1996. Is that not correct?
Pause Kliskovlc:
O.K. that was a shake of the head in an up and down manner. Is that light?
Pause Krlskovic:
OK and you remember breaking into two.homes and attacking two women up in the Seattle Washington area. Is that correct?
Kriskovic:
OK Then you say that you moved back down here into Long Beach probably that first or that same week of January 17. 1997. Correct?
Pause: Kriskovic:
Is that a yes? OK
Gollette:
It would be better if you said yes because...
Krisf
That way I don't have to describe your head nod each and every time. O.K. I'll just try to make this as simple as I can. And ..
@)
Collette:
You said there was only two assault in Seattle, there were no more and that he was living on Capitol Hill at the time in Seattle. Is that right?
Rathbun:
Yes.
Collette:
That's kind of like Signal is to Signal Hill here in Long Beach.
Rathbun:
Yes.
Collette:
OX and you were up there because you were fishing?
Pause Collette:
Say yes, don't nod your head.
Rathbun:
Yes.
Collette:
O.K. Very, very soft yes. You remember breaking into the two houses. You remember the two girls but you can't remember specifics?
Rathbun:
Yes.
Collette:
Yes,
Kriskovic:
And in January of 1997, obviously that particular case that we've gone over is a DNA case. So you're away that, in fact, it is you based on your DNA profile?
Rathbun:
Yes.
Kriskovic:
But you do not remember specifics from that?
Rathbun:
Yes.
Kriskovic:
Nor do you remember specifics on the following four? Leading up to the next DNA hit Which was May 13, 1998. Is that correct?
Rathbun:
Yes.
Kriskovic:
OX And "lgain, that's, you were identifled in May of 1998 by DNA,
OK
but you do not remember specifics to that case either? OK Again, there are four more incidents leading up -to the next DNA case, which. was July 31,1998. And you don't rernemberthose speciflcally either? Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K. and on July 31, 1998, that is a DNA case, which DNA says that it was, in fact, you. And, you do not remember specifics with that victim either? Is that correct?
Rathbun:
Yes.
Kriskovic:
Now, the following case, September 18,1998, is also a DNA case and now on this particular case, you do remember and you were able to tell us that you remembered a German Shephard or a largetype dog being on the tqp of the porch, just outside of the door that you were exiting from inside her residence. Is that correct?
Pause Kriskovic:
And that dog scared you, to where you altered your route and you went out in the same manner that you entered the house. Is that correct?
Rathbun:
Yes.
Kriskovic:
And you entered her house through an open window. Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K., but you don't remember any other specifics. Is that correct?
Rathbun:
No.
Kriskovic:
O.K. The following case is November 22, 1998, and that also is a DNA case, which matches obviously your DNA profile. Now, in this particular case, you also explained to us that you do not remember specifics and would that be correct?
Rathbun:
Yes.
Kriskovic:
O.K. Now, there were a couple more, two, and then there was another DNA hit on August 21, 1999. Now this August 21, 1999, is one that you told us that you do remember some specifics in regards to that case. Now that's the case that involves an elderly woman that had a colostomy bag. Do you. remember her?
Rathbun:
(Pause)
5
Kriskovlc:
You said that you remembered the woman with the colostomy bag. (Pause) No?
Collette:
Do you remember•.•
Rathbun:
You, you were the one that said that to me, the whole time. You brought that to my attention, the whole time.
Kriskovic:
O.K. Do you remember her having a colostomy bag?
Rathbun:
(Unintelligible) No.
Kriskovlc:
No? Do you know what f:1 colostomy bag is?
'Rathbun:
I have no Idea.
Kriskovic:
OK (PAUSE) Well, Mayor April 2, 2000, is a DNA case and I believe you couldn't give us any specifics on that one either? But you understand that you're DNA profile Is an exact match. Do you not?
Kriskovic:
And Huntington Beach in June 11, 2000, that was also a DNA niL Do you remember telling us aboutthat?
Collette;
You know, going back to this one here, n~mber eighteen. 8/21/99, he did remember taking the louvers out of her windows. You told us you did. Remember?
PAUSE Collette:
Remember that?
PAUSE Collette:
Are you playing games with us?
Rathbun:
Maybe.
Collette:
You don't want to tell us again what you told us before?
PAUSE Collette:
'Cause you did say, you remembered the girl with the colostomy bag.
Rathbun:
I.. :That's what she said earlier.
Collette:
She aSKed you about that and you said you remembered.
Rathbun:
No, I, 'I don't remember.
Collette:
1wrote it down.
Rathbun:
Then why, why don't you guys read your !lotss. You guys already read, you guys asked me the questions.
Collette:
Inaudible
Rathbun:
Read your notes then. You'l! see the answer.
Krisl
O.K. well back to Huntington Beach. Do you r.emembertelling us that you were dropped off by your friend, at the Hilton?
Rathbun:
Yes.
Kriskovic:
O.K. and that you left the Hilton on foot?
Rathbun:
Yes.
Kriskovic:
And you went into the trailer park?
Rathbun:
Yes.
Kriskovic:
O.K. you went toward ..
Collette:
That's number 20 on our sheet.
Krisl
Yes, number 20 on the flow chart. And you walked on foot through the trailer park toward the rear of the trailer park.
Rathbun:
Yes.
Kriskovlc:
And you entered into a trailer.
Rathbun:
Yes.
Kriskovic:
And you attacked a woman?
Rathbun:
Yes.
Kriskovic:
O.K. (PAUSE)
Collette:
You unscrewed her lights outside. You remember telling us thaW
PAUSE Collette:
Is that yes?
Rathbun:
Yes.
Collette:
O.K. number 18 'on this list. 268 Prospect. That's where you removed the louvers. You remember telling us that? You think you left 'em on the property. We told you we never.. ,
Rathbun:
That was lust the same questions you had asked me earlier prior to ...
Collette:
But you never answered it.
Rathbun:
(Sigh)
Kriskovic:
I asked you, 1 asked you if it was possible
Rathbun:
It was
Ktiskovic:
that you took the louvers and ..
Rathbun:
Oh, yes, yes.
Krtskovic:
And uh,
Rathbun:
Yes, yes.
Kriskovic:
And if you actljally took 'em with you and you said, you said that you actually left 'em on the property.
Rathbun:
Yes.
Kriskovic:
Do you remember that?
Rathbun:
Yes.
Kriskovic:
OK But then you also said that it was a possibility 'cause we couldn't find 'em, that you might have taken them with you and dumped them somewhere. Was that correct?
Rathbun:
Maybe.
Kriskovic:
OK A possibility is there?
Rathbun:
May, maybe.
Krlskovlc:
O.K. maybe. OK Also, I'm sorry. I'll go back to April 2, 2000, you said that you do remember wearing a cocl(..ring. Is that true?
Rathbun:
Yes.
Kriskovlc:
O.K. and that was the only incident that you wore a ccick-ring on? Is that correct?
Rathbun:
Yes.
Kriskovlc:
O.K.
Collette:
Is that (inaudible) by number.
Kriskovic:
That is number 19. April 2, 2000 on the flow chart. And then we, just, we just talked about Huntington Beach. Then, now we go 21 furu 25. is uh. an" cases that we do not have physical evfdence that currently links you to them, but in number 25, you said that you do remember that woman who was the Victim. Uh, you do remember taking $300.00 that she offered you, but you didn't, in fact, take it? Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K.
Collette:
What. what did you do with the $300.00?
Rathbun:
I didn't take. I left it there.
Collette:
Where?
Rathbun:
In her house.
Collette:
Do you rememoerwi!ere in flerho(fse?
Rathbun:
It uh. I can't recall.
Collette:
She offered you the money though. Did she want. hoW, how, did inat come about?
Rathbun:
Yeah, she offered me the money.
Collette:
To, to just take the money and leave maybe? Something like that?
Rathbun:
Yes.
Collette:
I don't want to put words in your mouth, but when we mentioned the $300.00 you jumped on it, you said yeah I remember that I remember a girl offered me $300.00 and then we asked you more, you said yeah there was another house right before that that you had broken into the same night Do you remember?
Rathbun:
Yes.
Collette:
That would be number 24 on our list
Krlskovic:
Yes, on the flow chart. Now on the 300, did you in fact know that It was $300.oo?
Rathbun:
No.
Kriskovic:
She just said, take the money?
Rathbun:
Uhuh.
Kriskovic:
OK and you didn't. You left It behind?
Rathbun:
Yes.
Kriskovic;;
And do you remember What..when we asked you why you didn't take It, what you told us?
Rathbun:
I didn't deserve or I did not earn that money.
Kriskovic:
O.K. NOW the next DNA hit that we have is number 26 and we talked about this a little bit. It's one of the victims from Los Alamitos. Now. you told us that you were dropped off in los Alamitos by a friend. Is that correct? And that was sometime in the evening, nine, ten O'clock P.M., and that you Initially had intentions of going to the school football fleld for some type of activity or function. Is that correct?
Rathbun:
Yes.
Kriskovic:
OK and instead of going to that football field, you got sidetracked?
Rathbun:
Yes.
Kriskovic:
Would that be safe to say?
Rathbun:
Yes.
Kriskovic:
OK
Collette:
We're talking about number 26 and 27 now.
Kriskovic:
Number 26 and 27 on the flow chart. And you got sidetracked and you found yourself inside of the trailer park in Los Alamitos? Is that correct?
Rathbun:
Yes.
Kriskovic:
OK and that you entered into the first trailer through an unlocked door? Is that correct?
Rathbun:
Yes.
Kriskovic:
OK and you attacked an elderly woman. Would that correct?
Rathbun:
Yes.
Kriskovic:
O,K. You left her trailer and you told us that within five minutes, that you had already made your way uh, into another trailer. Would that be correct?
Rathbun:
Yes.
Kriskovic:
O.K. and that also was, Of belonged to an elderly woman. Is that correct?
Rathbun:
Yes.
Kriskovic:
OK, and you attempted to assault that woman? Would that be correct?
Rathbun:
Yes.
Krlskovic:
O.K. and you were not successful and when you left her trailer, you ended up taking her vehicle. Is that correct?
Rathbun:
Yes.
@
Kriskovic:
O.K., and you drove that vehicle from the trailer park directly to the 48, I believe it was the rear of 4801 E. Arraheim Street in the City of Long Beach. Is ttiatcorrect?
Rathbun:
Yes.
Kriskovic:
O.K., yet that area is not an area that you claim to frequent or know anybody at. Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K. And you parked the vehicle and you left the vehicle.
Rathbun:
Yes.
Kriskovic:
Did you ever retum to the vehicle?
Rathbun:,
No.
Kriskovic:
O.K.
Collette:
What kind of Gar was It?
Rathbun:
I have no idea. It's been awhile.
Collette:
Just a, a small car, big car?
Rathbun:
(Pause) Small car, I guess.
Collette:
Did she give you the keys to it?
Rathbun:
Um, not that I could recall. I can't uh,
Collette:
Or you just found the keys?
Rathbun:
Not that I can recall at this time.
Kriskovic:
Was it, was it just one key or was it a ring of keys. Do you remember?
Rathbun:
I, (Pause) I, 1,1 don't remember.
Krlskovic:
O.K.
Collette:
You said you do remember passing pollee cars as you drove out of the park, though?
Rathbun:
Yes.
Collette:
Black and white police cars?
(PAUSE) Collette:
Inaudible.•pollce cars.
Rathbun:
So. you're saying to say yes?
Kriskovic:
But they didn't, no attention was paid to you?
Rathbun:
No.
Krlskovic:
O.K. And you literally drove directly to that area we just said on Anaheim.
Rathbun:
Yes.
Kriskovic:
You didn't make any stops, or anything and you drove uh, in a safe manner, not bringing any attention to yourself obviously?
Rathbun:
Yes.
Kriskovic;
O.K.
PAUSE Collette:
Old he walk through the golf course on the green, all the way dpwn to Colorado (unintelligible)
Kriskovic:
Which you showed us on the map. Is that correct that when you left the car, you walked through the (aroe Long Beach Recreation Golf Course area, you crossed over 1" Street into the smaller little nine hole, little rec is what we call it. Is that correct? And you kind of bunkered down, down near the lagoon. Would that be safe to say?
Rathbun:
Yes.
Kriskovic:
And that you didn't go to anybody's house?
Rathbun:
Yes.
Kriskovic:
O.K.
Collette:
Speak up a little louder.
Collette:
I can't hear you. He's nodding his head, "Yes."
Kriskovic:
The next one that we have is June of this year and that was number 28 on the flow chart and urn, that is where I believe you told us that you, in fact, wore the gloves on your hand. Is that correct? Or, I'm sorry gloves, urn, the white socks? Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K. And the next one would be nutnbj3t 29 which is also a DNA case and that is in Huntington Beach. We talked a little bit about that and again you were dropped off by a friend, I believe, uh, tel! me If I'm wrong, it was "Scott" that dropped you off and dropped you off on PCH .. <-
Rathbun:
Yes.
Kriskovic:
Toward Maine Street. You met up with some friends and those friends got you over to the area of Bolsa Chica and McFadden.
Rathbun:
Yes.
Kriskovic:
Would that be safe to say?
Rathbun:
Yes.
Kriskovic:
OK And once you were in that area, you found a home and you entered into that home through a window. Is that safe to say?
Rathbun:
Yes.
Kriskovic:
And you attacked a woman there in that home.
Rathbun:
Yes.
Krlskovlc:
And r believe you said that you remembered her with a phone and that when you attacked her, the phone and her glasses fell or flew from her grasp and the glasses fell off of her face. Would that be safe to say?
Rathbun:
Yes.
Kriskovic:
O.K., and I believe in that one you also said that once you were inside the home that you disrobed because you initially had blue jeans and a white t-shirt on. Is that safe to say?
Rathbun:
Yes.
Kriskovic:
The following, number 30 on our flow chart is also. a DNA case and now this one here, I believe. if my memory serves me correctly without looking at my notes, urn. this young lady that you attacked uh. you remember breaking a pot as you were walking into the yard. Is that correct? Once you made it to the rear of her little guesthouse,
Collette:
(Unintelligible) a name for
Kriskovic:
I'm sorry. Did you say yes? You do remember breaking a pot?
Collette:
You need to speak up.
Rathbun:
Yes.
Kriskovic:
OK
Collette:
Did you kick it with you r foot?
Rathbun:
No.
Collette:
No? How'd you do it?
Rathbun:
It just happened to be there. I just...
Gellette:
Knocked it over?
Rathbun:
Yeah.
Krlskovic:
Or stepped on it?
Rathbun:
Possibly.
Kriskovic:
Once you got to the rear of her little guesthouse. which was thl'lt little shanty area. urn. there was a kitchen window there. Is that the entry? Is that the window that you made entry into?
Rathbun:
Yes.
Kriskovlc:
OK And at that point and time when you were at that litHe shanty area where the kitchen window was, uh, do you remember hearing uh, the people from the front house come out?
Rathbun:
Yes.
Kriskovic:
After you had broken the pot?
Rathbun:
Yes.
Kriskovic:
OK. so you actually heard them come out prior to making entry into uh, this victim's home?
Rathbun:
(PAUSE) Yes.
Kriskovlc:
OK, and you attacked this young woman? Is that correct?
Rathbun:
Yes.
Kriskovic;
And I believe you, you said that.. .•
Collette:
She was tenacious? She attacked you. Correct?
Rathbun:
Yes.
CoII@tte:
O.K. She came right after you.
Kriskovlc:
J believe you said that, uh, as much as I attacked her, she attacked me. Is that correct?
Rathbun:
Yes.
Kriskovic:
OK And you did describe her as being tenacious? Um, and she scratched and bit you. Is that correct?
Rathbun:
No.
Kriskovic:
No? O.K but she put up a fight?
Collette:
It was the next one that said anything.
Kriskovic:
She obviously fought you though?
Collette:
Unintelligible
Kriskovic:
O.K.
Collette:
That one scratched you.
Rathbun:
Supposedly.
Collette:
Yeah, maybe.
Kriskovic:
But you are saying that, that you in fact did not have scratch marks? O.K. Could that be because of the fact that you had the tshirt up over your head?
PAUSE Rathbun:
No.
Kriskovic:
She just didn't scratch you? PAUSE OX
Rathbun:
No.
Kriskovic:
Um, the last one that, that we're talking abo.ut then is number 31 and this is the one that was Thursday moming. Uin, just priof"to you being stopped on the bicycle by Officer DeLorto. Do you remember that?
Rathbun:
Yes.
Kriskovic:
OX and Officer Delorto arrested you for the drug paraphemalia and riding a bicycle without a headlight Is that correct?
Rathbun:
Yes.
Krlskovic:
O.K., and yet y.ou told Bill and I that, in fact, you had been in the home of this victim. Is that correct?
Rathbun:
Yes.
Krlskovic:
And you, in fact, had worn some latex gloves while inside the house and during the attack with her, that you had initially found up toward the VonslPavillion uh, area where Milikan High School is. Is that correct?
Rathbun:
Yes.
Kriskovic:
And you found them in a trash bin?
Rathbun:
Yes.
Kriskovic:
OK. and you wore those with the struggle and fight with this particular victim from Thursday morning. Is that correct?
Rathbun:
Yes.
Kriskovic:
OK, and during the struggle you, or actually you, you did enter through a window. Is that correct?
Rathbun:
Yes.
Kriskovic:
OK And I think you also said that she uh, or you admitted that she did in fact lock herself into the bathroom. Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K. And you went outside, outside of that bathroom window and attempted to reach her through the window. Is that correct?
Rathbun:
Mmhhmm.
Kriskovic:
O.K. And then you made your way back inside the home as she was exiting the bathroom and you attacked her. Is that correct?
Rathbun:
PAUSE
Kriskovic:
You had a struggle?
Rathbun:
Yes.
Kriskovic:
O.K. And during that struggle, you did not sexually assault her. Is that correct?
Rathbun:
No.
Kriskovic:
But she bit your hand or a finger?
RathbUn:
Yes.
Collette:
Can you show this, an injury on your finger.
Kriskovic:
OK He is holding out his uh, right arm, showing us his right hand and it is his right index finger uh. on the top uh, between the middle knuckle and the
Collette:
Unintelligible. A quarter of an inch from the mid, from the knuckle.
Kriskovic:
A quarter of an inch, a quarter of an inch up from the middle knuckle is a uh, about a quarter inch Urn, horizontal to his knuckle, slight cut and on the other side of his hand is a, just a uh, poke, it's justa
Collette:
Little puncture.
Kri!>kovic:
Little puncture. Actually, it looks like a little bit of a blood bruise urn, and your, you actually say that this was from her biting you. Is that correct?
Rathbun:
Yes.
Kriskovic:
O.K. And we had photographs "taken of that Thursday morning. Did we not?
Rathbun:
Yes.
Kriskovic:
O.K. urn, and then after that, after the attack and after she bit you and she left, you, you fled the scene. Is that correct?
Rathbun:
Yes.
Kriskovic:
And did you "take those latex gloves off and throw them in a trashcan in the alley a few houses away from her loaateon?
Rathbun:
Yes.
Kriskovic:
O.K. (PAUSE) And
Collette:
Then you bumped into the officer
Kriskovic:
On your bike?
Rathbun:
Yes.
Collette:
And you told us, uh, you read and you signed a waiver-form and you let him take your saliva for DNA. Right?
Rathbun:
Yes.
IVlskovic:
Was that
Collette:
Unintelligible
Kriskovic:
do you remember Detective Burns doing that?
Rathbun:
Yes.
Kriskovic:
While out at the scene?
Rathbun:
Yes.
KrlSKOvic:
OK And you signed the Consent Form?
Rathbun:
Yes.
Kriskovic:
O.K. And you're aware that that swab is what has identified you as the perpetrator of these crimes that we've been talking about?
Rathbun:
Yes.
Collette:
When we talked to you about this flow chart tIlat has 31 cases on it, you've totally looked at it, you're familiar with It, ifs been open on the table for you to see so you know what all the cases We think you did, consist of and we asked you are you aware you're labeled as the Belmont Shore Rapist and you answered yes to that. Is that correct?
Rathbun:
(PAUSE)
Collette:
Say yes if that's true. You're nodding?
Rathbun:
Yes.
Collette:
S"w.. .1 can't hear you?
Rathbun:
Yes.
Collette:
Yes. O.K. And you realize how serious this is and you know you're gaing to prison for a long time. You still cooperated anyway. Right?
Rathbun:
Yes.
Collette:
Why is that?
Rathbun:
Ifs the truth.
Collette:
Cause it's the truth and I think you said you were very sorry for, the community. the victims. Remember that?
to
Rathbun:
Yes.
Collette:
1 mean you are a very remorsefuL ..And you've apologized to us for aU these victims. Have you not?
Rathbun:
Yes sir.
Collette:
You're on the verge of crying right now. Right? 'Cause you feel bad. Right?
Rathbun:
Yes sir.
Collette:
O.K. You've good intelligehce. You sayyou've neVer had any mental health problems. You got good grades in school. Right?
Rathbun:
Yes sir.
Krlskovlc:
You're not on any kind of medications at this point in time? Is that correct?
Rath bun:
Yes sir.
Kriskovic:
Have you ..
Rathbun:
Yes ma'am.
Kriskovic:
Oh, Hello. Have you ever been on any kind of medications?
Rathbun:
No.
Krlskovic:
O.K.
Collette:
I think you even said. you've just been making bad decisions and doing hideous things to art these women. Isn't that about what you said?
Rathbun:
Yes sir.
Kriskovic:
00 you also tell us that you, you owe a "Great debf'.
Rathbun:
Yes ma'am.
Kriskovic:
O.K. It, was it also true (unintelligible) or yester..or earlier this morning when we were talking we also advised you of a search warrant that we had served. Is that correct?
Rathbun:
Yes ma'am.
Kriskoyic:
And we told you that we were at the Ximeno address and didn't you tell me to please not to bother Chris and Jan Wilson and that you would tell us where the items were or Where your belongings were.
Rathbun:
'Yes ma'am.
Kriskovlc:
O.K. And you did tell us that you had a brown cardboard box uh, that contained your possessions and items that you had possibly used in the attacks and that they Were in the garage at 238 Xlmeno. Is that correct?
Rathbun:
Yes ma'am.
Krlskovic:
OK
PAUSE Kriskoyic:
You also are telling us that.. .I'm sorry Bill..
Collette:
No, I was just gonna tell ..
Kriskovic:
That that, the Victims, you; you are locating these victims by chance. Is that correct?
Rathbun:
Yes ma'am.
Collette:
We asked you if you could've committed all of these crimes or are we off base or are we wrong and you said we're not off base. Is that true.
Rathbun:
Yes sir.
Collette:
You probably did all these even though you can't remember specific facts to each of 'em because there are so many of 'em. Right?
Rathbun:
Yes sir.
Collette:
O.K. 'cause! don't want to put words in your mouth. And you normally wore gloves just to protect your hands from cuts and scratches or bites?
Rathbun:
Yes sIr.
Collette:
Not to hide fingerprints?
Rathbun:
No sir.
Collette:
OX
Kriskovic:
You're protecting yourself from the victim.
Rathbun:
Yes.
Kriskovic;
O.K.
Coliette:
Feel free to say anything you feel like saying. I know you like, every one and a while yesterday you'd say, how bad you feel for all these people. If you want to say that, say it in your words, you know. You know the tape is going and if you want to say that feel . free to say that. To say whatever you want. PAUSE 'Cause you do feel bad. You look down a lot you know. We can tell. You're about ready to cry right now. Right? 'Cause it bothers you. You Just said, you explained by saying, "I've just been making a lot of bad decisions.' You said it was just about sex and that was it.
Kriskovic;
You know, I, I asked you earlier this morning Mark about a statement that if you, if you had to make a statement to a victim, what was it that, that you would say and you gave us a statement did you not?
Rathbun:
Yes ma'am.
Kriskovic:
Yeah. Well, l!'lt me ask you again. What would you say to tho~e Victims right now?
PAUSE Kriskovic;
I don't want to read what I have in my notes. I want you to speak from the heart.
Rathbun:
r said I can't undo what I have done and I sincerely regret and I wish that it never happened.
Kriskovic: .
OX
Collette:
Do you remember when we asked you if you wore masks and you said no. You just would cut eye holes in you beanie and pull it down over your face?
Rathbun:
Yes sir.
Collette:
That's true?
Collette:
OK PAUSE And you've been stopped by the police several times over the last five years but never after one of these cases?
Rathbun:
No sir.
Oollette:
But you have been close enough, you've seen the police come to these places after the crimes have occurred. You've seen the helicopter and all of the police activity and we still never caught you. Correct?
Rathbun:
(PAUSE)
Collette:
Don't want to answer that?
Rathbun:
Well, I'm here now.
Collette:
You're here now that's true.
Krlskovic:
J think you also made a comment about your, you urn, dru!il use urn, and the fact that, that you said that you hadn't used drugs throughout the series except for this last one on Thursday morning. Is that correct?
Rathbun:
Yes ma'am.
Kriskovic:
O.K., and you, just prior to that attack, you had a, what you said was just a small hit
Rathbun:
Yes ma'am.
Kriskovic:
From your coke pipe
Rathbun:
Not...
Kriskovic:
Or, r'm sorry. From, from the pipe that you had in your pocket?
Rathbun:
Yes ma'am.
Kriskovic:
That, that was actually "Speed"?
Rathbun:
Yes ma'am.
KdskoviC:
O.K., but you in fact, in the past have done some other things as far as Ecstacy and mushrooms acid ••. .!s that correct?
Rathbun:
Yes ma'am.
Kriskovic:
But never prior to an attack?
Rathbun:
No ma'am.
Kriskovic:
O.K., and marijuana atld beer? I think you said too. Is that correct?
Rathbun:
Yes ma'am.
Kriskovic:
O.K.
Collette:
O.K. you were asked a question of when these girls who attacked you, you never struck any of 'em back. You never hit them and you had an answer for that. Do you remem, recall what it was?
Rathbun:
(PAUSE) 1,1....
Collette:
Do you want me to refresh your memory?
Rathbun:
Please do.
Collette:
You said. 'Welll've hurt them enough. I was already doing a bad thing. It was needless to hit them back."
Rathbun:
Yes sir.
Collette:
To that effect. And you never did. None of them say you ever hit them with your fist or anything like that. Did you ever hit any of them?
Rathbun:
PAUSE No sir.
Collette:
The answer is no. Right? OK
PAUSE Collette:
And we've explained to you clearly that you're facing several hundred years to fife in prison didn't we?
Rathbun:
Yes sir.
Collette:
And you still talked to us even though that's out there and it's on you?
Rathbun:
Yes sir.
Collette:
Correct?
Rathbun:
Yes sir.
Collette:
OK Old we ever threaten you with anything?
PAUSE Rathbun:
No to my knowledge. no.
Collette:
We'Ve never said anything to you harshly?
Rathbun:
No.
Collette:
We just told you the facts. Is there anything you want to say? You know. speak up berore we tum it off?
Rathbun:
Does my mother know?
Kriskovic:
Does your mother know? No. Again. we have, we have not talked to her.
Rathbun:
Well"will you give me ,the Chance to tell her personally that I might be gone for a very, very'long time?
Collette:
We can arrange that.
PAUSE Collette:
I would say she's a victim Of this too then. huh?
Rathbun:
'Cause, 'cause of my wrongdoing, yes.
Collette:
She's losing her son.
Rathbun:
Yes.
Collette:
Isn't that true?
Rathbun:
Yes sir.
Collette:
And she's sick, she's got cancer and she's old. Elderly, pardon me. Did you lOVe your mom? You get along with her alright?
Rathbun:
Yes sir.
Collette:
O.K.
Kriskovlc:
Do you have any questions for us? Can we answer anything for you?
Rathbun:
When do ! go to court?
Kriskovic:
You will make your first appearance in court on Wednesday. Today is Monday and if II be Wednesday morning.
PAUSE
Rathbun;
Would I be defended?
Collette:
You'll be appointed.an attorney Sure.
Rathbun:
And the purpose of the recording and the you know, jotting is for?
CoIlette:
Accuracy. To say, I'm in the recording. What you said it on there. Nobody can say you said something you didn't say. You know. If somebody misunderstands what maybe you said, it's on here to be listened to. You can hear it, it speaks for itself.
KrisJIDvic:
Your attorney'll get a copy of this. He'll have it: He'l! end up gettin~ a copy of everything that we have.
Rathbun:
WUl all the people that I offendea will be there?
Corrette:
Yes, if this goes to trail, each and every girl will be called to court to take, take the witness stand to testify, yes. thats the normal court process.
PAUSE
Rathbun:
Mr. Collette. No BS aside personalty,
Collette:
I beg your pardon?
Rathbun:
What do you think of me personally? As yourself, not your job, not your...
Collette:
I give you a lot of credit for never injuring these girls other than raping them. Thafs a very, very bad act in itself and you've agreed to that, but you know "ve seen other people in your position that strangled gins, they've beaten them to death. You didn't do any of those things. What you did is bad enough. Ifs terrible but even with all that on you, you asked me so I'm felling you, you sat down and you've told us to the best of your ability what you remember and you've been honest as far as I can tell and I appreciate that. You know.
Rathbun:
Ms. Christine, in all the cases you've seen, BS aside. what do you think of me personally? Meaning honest
Ktiskovic:
You personally?
Rathbun:
Yes.
Ktiskoviq:
You are what I would consider a predator. PAUSE You, you preyed on these women. You may come across as a great guy. You've been very cooperative with us and I appreciate that but this is my Job and I actually appreciate when people like you talk to me because you answer a lot of the questions that,', that I have and for as long as you have been committing these acts, you've been able to help us understand a Ifttle bit about this series but you are a predator. Do you disagree with me?
Rathbun:
PAUSE
Krlskovic:
Besides that you're a predator? PAUSE I can honestly say I don't know you well (?/lough to tell you, but what I do know of you, and what you've done, I don't hold you in ~Igh regards and I'm being honest with you, very hard for me, very, very hard for me to understand how you did some of these things that you did to these Women. These women that I, that rYe expmined t{) you are 17 years old, 72 years 0\0, 74-, 33(when I see that and I sit with these victims and I talk to them, I see my mom, [ see my sister, I see my grandmother, hard for me to understand somebody like you who could do that to these people.
Collette:
Do you have anything else to say to that?
Rathbun:
PAUSE
Collette:
Even though my partner Katherine says she has not a whole lot of regard for you, she has treated you professional. has she not?
What do you think of me personally besides that?
'Rathbun:
Y,*,-slr
Collette:
OK We've had no problems between the three of us whatsoever? Is that true?
Rathbun:
Yes sir.
Collette:
OK
Rathbun:
OK
Collette:
You ready to finish?
Rathbun:
Yes sir.
Collette:
OK
Kriskovic:
It is 12:25 on Monday, November 11, 2002, and the interview is complete and we are terminating and we are again in the 9111 floor interview room at the Long 8each Police Department, 100 the Boulevard. He will be taken back into custody by Detectives Bolt and .
Collette:
I don't remember his name. We're gonna take 'em back to the jail.
Kriskovic:
Back to the sixth floor men's jail at 400 W. Broadway.
Rathbun:
Is it possible to see my friends .....•.