“Your guess is as good as mine as to why they did it,” said Harold Lynn, the deputy district attorney who will prosecute Comtois and Erickson. “We don’t believe they marked these particular victims for this. They just happened to be the ones that were there.”
Wendy and her friend had just finished an evening of watching television at her family’s home on Lurline when Wendy decided to walk her friend to her home about a block away. But, parked in their path, police said, they found Roland Comtois’ motor home. Police said the girls were lured inside it when Erickson asked them for help.
Comtois, who police say shot the girls, was shot by officers and captured four days after the abduction. He is recovering but was arraigned last week on several charges in connection with the Chatsworth abduction and slaying, including murder, attempted murder, kidnapping, forcing sex acts on the surviving girl and injecting her with cocaine. He pleaded not guilty. Erickson is still at large.
The suspects could receive life imprisonment or the death penalty if convicted. But, prosecutors say, the fact that Comtois was even in a position to block the path of Wendy and her friend raised questions that some in the criminal justice system find disturbing.
Lynn, the prosecutor, said the reality of the criminal justice system is that it is not rehabilitative.
“The theory of rehabilitation is a pie-in-the-sky dream,” he said. “You take a guy like Comtois, and he is evil from day one, and he is going to be evil until he dies. His record speaks for itself.”
Prof. Ernest Kamm, chairman of the Department of Criminal Justice at California State University, Los Angeles, said a flaw in the way society tries to deal with someone like Comtois is in the presumption “that at one time the person was habilitated.”
In fact, he said, “we find a great number of people have never adopted the mores of society in the first place. And they can’t or don’t want to once they return from prison.”
Kamm said that, although the answer to that might be the warehousing of career criminals to keep them from society, California laws aimed at enhancing sentences for repeat offenders and putting habitual criminals permanently in prison are often circumvented.
“The reality is that there are too many holes in those laws,” he said. “People can get through them.”
Lynn said Comtois had to commit an aggravated crime such as he is now accused of before he could be considered under the habitual crime law. He said Comtois’ previous convictions for robbery, burglary and drugs would not have applied.
“Under our system, you don’t do life until you do something it considers serious,” Lynn said. “As long as he stayed below that line, he was one of the guys who kept coming in and going out.”
Although guidelines allow longer sentences for criminals with previous convictions, it appears Comtois reduced his time in prison by pleading guilty in almost all of his convictions. When he faced the drug and weapon charges in 1974, records show that, in exchange for his guilty plea, his previous convictions were not considered at sentencing.
Finally, authorities suggest, the system is too crowded and has too few resources to give individuals the attention required for true rehabilitation or for the protection of society.
“The system cannot accommodate the intense flow of individuals,” Kamm said. “Too frequently, individuals never get out of the cycle. They may wind up doing intense damage to somebody.”
Roland Comtois’ Criminal Record
April 1941: At age 11, he is charged with petty theft and diagnosed as an incorrigible delinquent. He is committed to reform school in Attleboro, Mass.
March 1947: Charged with breaking and entering in West Concord, Mass. He is given an indeterminate sentence limited to two years.
May 1952: Charged with assault with intent to commit rape in New Bedford, Mass. He is sentenced to three to five years in prison.
August 1955: Charged in Massachusetts in Peeping Tom incident. His parole is revoked.
February 1960: Charged with attempted bank robbery in Los Angeles. He is sentenced to one year in federal prison.
May 1960: Charged with burglary in La Mirada. His sentence is set to run concurrently with federal imprisonment.
July 1961: Charged with robbery in Los Angeles. He is sentenced to five years to life in state prison.
July 1974: Charged with possession of heroin with intent to sell and possession of a firearm by a convicted felon. He is sentenced to five years in state prison.
March 18, 1987: Charged with grand theft and forgery in Los Angeles. The case is pending.
June 1, 1987: Charged with burglary in Los Angeles.
The case is pending.
July 27, 1987: Charged with car theft in Los Angeles.
Case dismissed.
Sept. 24, 1987: Charged with murder, attempted murder, kidnapping and several other felonies in Los Angeles. Case is pending.
Source: Court records and probation reports
note: Roland Comtois was convicted of murder and sentenced to death. In poor health because of drug abuse as well as being shot during his capture, he died in prison in 1994while awaiting the carrying out of the sentence. Marsha Lynn Erickson was convicted of being his accomplice in the murder and was sentenced to life in prison.
PART THREE. THE CASES
NAMELESS GRAVE
IDENTITY OF MURDER VICTIM STILL SHROUDED IN MYSTERY
SOUTH FLORIDA SUN-SENTINEL
April 14, 1986
The grave at Hollywood Memorial Gardens has no name on it. There simply isn’t one to put there. The identity of the man who is buried there is a mystery.
He was murdered March 11, 1985, in a Fort Lauderdale motel room. He was strangled. Authorities have since solved the mystery of who killed him; one man was convicted and sentenced to life in prison last week, and another suspect is being sought.
What remains to be learned is the identity of the victim.
“We don’t have anything, not a clue to who he was,” said Edwina Johnson, an investigator for the Broward County Medical Examiner’s Office. “We have gone to great lengths to find out. We’ve done everything we could think of and gotten no luck whatsoever. It would seem that somebody has to know who he was.”
Fort Lauderdale Police Detective Phil Mundy said that in his 10 years in the homicide bureau there have been unidentified murder victims before, but not a case where a killer is caught and convicted while the name of the victim remains unknown.
“It’s unusual,” he said. “In a whodunit type of murder, you first try to identify the dead man and go from there. But we never got anywhere with the identification. All we have is a dead man who has nothing extraordinary about his appearance. He could fit the description of thousands of men.”
On police and medical examiner’s records, the murder victim is simply known as “unidentified white male, case no. 85- 43959.” On court documents, photographs of the man slumped in the motel room and laid out on a medical examiner’s table are attached to that identification.
The man is described as having been 5-foot-8, weighing 180 pounds, with brown hair, eyes and mustache. He was approximately 35years old.
He was found sprawled on the floor of a room at the Interlude Motel, 1215 S. Federal Highway. Police think he accompanied two male prostitutes to the room and then was robbed and killed. His body was nude. There were no clothes or other belongings in the room. No wallet. No I.D. Just the signs of a struggle and a bloody handprint on the wall – a print that would later lead to the identification of one of his killers.