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AFIDAVIT
STATE OF TEXAS
COUNTY OF TRAVIS
I, EDMOND I. MARTIN, Special Agent of the Internal Revenue Service, Criminal
Investigation Division, being duly sworn, deposes and says:
A. Your affiant alleges that probable cause exists to believe that concealed within the premises, described as those parts of the residence, out-buildings and, motor vehicles located on the curtilage of the following location:
The residence of DAVID ROLAND WATERS (Date of Birth March 24, 1947) (hereinafter referred to as WATERS) located at Central Park 1 Apartments, 6008 N. Lamar, Apartment #219 Austin, Travis County, Texas. The dwelling is in a two story beige brick and wood building painted gray with green trim and the name "Central Park 1, 6008" in green letters on the building. Apartment #219 is located on the second floor and has the room number located above the green entry door.
are the following items:
(a) Evidence of the intestate transportation in aid to racketeering, interstate transportation of stolen goods, money laundering and conspiracy to launder money and other records of the disposition of the laundered funds involving, MADALYN MURRAY O'HAIR; JON GARTH MURRAY; ROBIN MURRAY-O'HAIR; WATERS; GARY PAUL KARR (date of Birth April 21, 1948)(hereinafter referred to as KARR); and DANNY RAYMOND FRY (date of Birth September 9, 1953)(hereinafter referred to as FRY); and others for the period 1993 to the present.
(1,) Evidence of documents and information removed from the American Atheist General Headquarters, including but not limited to originals or copies of documents relating to the American Atheist, United Secularist, and other Atheist organizations, including letters, bank account information, wire transfers to New Zealand, and other documents.
(c) Evidence of expenditures will include receipt books, bank statements and canceled checks, deposit slips, check stubs or check registers, and financial statements, safe deposit box records and keys, money order purchases, credit card statements, receipts for the purchase of a 1990 Cadillac, long distance telephone bills, and other receipts, statements, invoices, photographs of assets acquired and records and/or any and all other papers showing expenditures relating to the funds stolen in interstate commerce and other documentary evidence of expenditures.
(d) Evidence used in the abduction, kidnapping, and murder of MADALYN O'HAIR, JON GARTH MURRAY, ROBIN MURRAY O'HAIR and of the murder of DANNY FRY, a coconspirator, which includes but is not limited to duct tape, bow saw, shovel, shoes - white leather tennis, shoes - dress with heel emblem - Florshiem shoes, weapon
- Browning 9 mm semi-automatic handgun, ammunition, fanny packs (black, navy, and silver), shoulder holster, 2 small black boxes containing wires believed to a transmitter and receiver, gold coins - American Eagles, Krugerands, and Canadian Maple Leafs, gold coin containers, handcuffs (1) linked and (1) hinged, padlock with long shank, blue barrels, Mexican knife with serrated blade and turquoise handle or similar knife, T-shirt cut into pieces, Souvenir mug, large sum of money, map, black luggage (Jaguar brand), pressure spray bottle (1 or more gallons), Raymond Weil watches, Gateway Computer - contents, diskettes and other items expressed herein, invoices for purchases of personal items, assets including Cadillac, and other vehicle, warehouse receipts, Western Union Money Order receipts, Federal Express receipts, calling cards, telephone bills, and other records of expenditures, letters to or from Gary Karr, Gerald Osborne, or Danny Fry, and personal effects of Jon Garth Murray, Robin Murray-O'Hair, and Madalyn Murray O'Hair, including but not limited to driver's licenses, jewelry, the Cellular phone of Jon Murray- #512-461-4473, and other personal items.
(e.) Evidence consisting of letters, document, e-mails, notes, drafts, manuscripts, and correspondence relating to the O'HAIRS, the American Atheist and DANNY FRY retained in a Gateway Computer maintained by DAVID WATERS. This evidence will include a draft manuscript named "Code Name: Satan" and a revised manuscript named "Good Gawd Madalyn! The Not-So-Sudden Disappearance of Madalyn Murray O'Hair, The Most Hated Woman in America." These manuscripts, notes, and drafts are relevant evidence, as, they relate to statements of WATERS in relation to the crimes he committed involving the disappearance of the O'HAIRs. These materials are Sought as evidence of a crime and there is reason to believe (based on the facts to follow) that WATERS possess these materials and has committed the crime to which the materials relate.
(1.) Evidence consisting of letters, documents, e-mails, notes, drafts, manuscripts, and correspondence may be stored as data in the form of magnetic or electronic coding on computer media or on media capable of being read by computer or with the aid of computer related equipment, including floppy diskettes, fixed hard disks, removable hard disk cartridges, or floppy cartridges, tapes, laser disks, video cassettes, and other media which are capable of storing magnetic coding and any electronic data stored in the computer that can be printed out.
(2.) The evidence consisting of letters, documents, e-mails, notes, drafts, manuscripts, and correspondence, as described above, is to be seized whether: contained on paper (in handwritten, typed, photocopied, or printed form), magnetic tape, cassettes, magnetic or optical disks (including hard disk drives contained in the computer), diskettes, photo optical devices, or any other medium, along with manuals, passwords, encryption keys, and documentation which will permit access to or facilitate the analysis of the seized materials.
(3.) Based upon your affiant's knowledge, training and experience, and that of Lory Furr, IRS CID Computer Investigative Specialist, your affiant knows that searching computerized information for evidence of a crime commonly requires agents to seize most or all of a computer system's input/output peripheral devices, related software, documentation, and data security devices (including passwords) so that a qualified computer expert can accurately retrieve the system's data (evidence of a crime) in a laboratory or other controlled environment. This is true because of the following:
a. Technical Considerations: The peripheral devices, which allow users to enter or retrieve data from the storage devices, vary widely in their compatibility with other hardware and software. Many system storage devices require particular input/output (or "I/O") devices in order to read the data on the system. It is important that the analyst be able to properly re-configure the system as it now operates in order to accurately retrieve the evidence listed above. In addition, the analyst needs the relevant system software (operating systems, interfaces, and hardware drivers) and any applications software which may have been used to create the data (whether stored on hard drives or on external media), as well as all related instruction manuals or other documentation and data security devices.
b. Safety Considerations: Imaging the drive will be too time consuming and dangerous in the midst of a physical search of the residence of a convicted murderer, who is believed to have committed other violent crime which are the subject of this warrant. According, your affiant needs to secure the computer and allow the computer specialist to complete the search later.
b. If, after inspecting the I/O devices, software, documentation, and data security devices, the analyst determines that these items are no longer necessary to retrieve and preserve the data evidence, the government will return them within a reasonable time.
(f.) Any writing, electronic data, or recording evidencing meetings or communications involving WATERS, KARR, FRY, GERALD LEE OSBORNE (hereinafter referred to as OSBORNE), and others, by telephone, facsimile, or computer communications involving WATERS, KARR, FRY, OSBORNE, and others, including, but not limited to telephone memos, rolodexes, daily planners, calendars, telephone logs, appointment books, facsimile logs and telephone bills.
(g) Safe deposit box keys and records relating to safe deposit boxes.
(h) Photographs of assets acquired from the proceeds of the theft of money through interstate means.
(i) Currency in the sum exceeding $5,000, representing the proceeds of the stolen money.
The items listed in paragraph A (a) through A (i) above constitute evidence of the participation by WATERS, KARR, FRY, and others in a scheme in which WATERS, KARR and FRY, caused Jon Garth Murray to travel interstate to cause the transfer of $600,000 from the bank account of The United Secularist of America Inc. in violation of Title 18, United States Code, Section 2341, Interstate Transportation of Stolen Money, Title 18, United States Code, Section 1952, Interstate Transportation in Aid to Racketeering, Title 18, United States Code, Section 1956, Money Laundering, and Title 18, United States Code, Section 1957, Engaging in a monetary transaction, by, through, or to a financial institution in an amount greater than $10,000, which was criminally derived, Title 18 United States Code, Section 922 (g)(1), Unlawful Possession of Firearms by a Felon, and Title 18 United States Code, Section 371, Conspiracy to commit the above offenses.
B. Your affiant has been employed as a Special Agent with the Criminal Investigation Division of the Internal Revenue Service for approximately 23 years. The duties and responsibilities of a Special Agent of the Criminal Investigation Division are to investigate violations of the Internal Revenue Code, Title 26 United States Code and related offenses involving Title 18 and Title 31 of the United States Code. In 1984, your affiant left the Internal Revenue Service and was employed as a Supervising Examiner for the Securities Board for the State of Texas for approximately 2 1/2 years, where he investigated securities frauds, Ponzi schemes, and oil and gas frauds. For the next four years, your affiant maintained a private accounting and private investigative practice. Your affiant conducted investigations into embezzlement schemes and misappropriation of fiduciary funds by executors of estates. The investigations required an extensive knowledge of systems of accounting and the tracing of funds to determine their ultimate disposition. Upon reinstatement with the Internal Revenue Service, Criminal Investigation Division in June 1991, your affiant continued to develop investigative expertise by receiving training in the area of Money Laundering and financial investigations of legal and illegal enterprises. In the process, your affiant has been the affiant on more than twenty financial search warrants and have assisted in the execution of numerous other narcotics and financial search warrants. Your affiant has received continuing professional education training through the Criminal Investigation Division. Your affiant has instructed other law enforcement agencies, local banks, and the Austin Chapter of CPA on money laundering and financial investigations
C. The grounds for issuance of this warrant are derived from personal experience and observations, a review of physical evidence, review of files of other federal agencies, discussions with investigators of the Austin Police Department, Dallas County Sheriffs Office (hereinafter referred to as, Dallas CSO), Special Agents of the Federal Bureau of Investigation, the Texas Rangers, and other law enforcement agencies. The grounds also include information received from third party witnesses and in conversation with individuals further identified below, who have personal knowledge of the events described herein. Two of the individuals are confidential sources (hereinafter referred to as CS-2 and CS-3). Based on this training and experience I know the following:
1. Individuals who engage in fraudulent activities often maintain in their residence, on their person or in their vehicles evidence of expenditures receipts and invoices, bank records, evidence of deductions, and dependents, books, records, receipts, notes, ledgers, bank records, money orders, computer files, and other papers relating to the illegal activity. The aforementioned items are maintained where these individuals have ready access to them such as their residence, in their bedroom/office, in their motor vehicles, on their person or other place of operation;
2. It is common for individuals who are involved in fraudulent activities and who negotiate stolen checks often conceal in their residence, on their person or in their vehicles large sums of currency, records of financial instruments, precious metals, jewelry, and other items of value. They maintain records of proceeds from illegal transactions relating to obtaining, transferring, secreting or spending of large sums of money derived from engaging in fraudulent activities;
3. Individuals who engage in the theft of funds develop a plan to secure and negotiate the monetary instrument to gain access to the proceeds from their illegal activity. They keep records of their plans are often kept in their residence, on their person or in their vehicles. To accomplish this plan, these individuals utilize false and fictitious identities, and assume identities;
4. Individuals who engage in fraudulent activities often maintain in their residence, on their person or in their vehicles addresses or telephone numbers in records, which reflect names, addresses, and/or telephone numbers for their associates involved in their illegal activities. In addition, these individuals utilize the telephone systems to maintain contact with their associates in their illegal activities;
5. Individuals who engage in fraudulent activities take or cause to be taken photographs of themselves, their associates, and their property. They often maintain the pictures in their residence, on their person or in their vehicles. These individuals usually maintain these photographs in their possession or at their residence or office;
6. Individuals who own a computer often maintain evidence of correspondence, emails, and other documentation which may be important to a criminal investigation in two distinct and important respects: (1) the objects themselves may be instrumentalities, fruits, or evidence of crime, and/or (2) the objects may have been used to collect and store information about crimes (in the form of electronic data);
7. Individuals who own a weapon are likely to retain the weapon. A weapon is a durable good, useful to it's owner for a long time and is not discarded like fungible good;
8. Your affiant has been told by Charles E. Meyer, Special Agent for the Bureau of Alcohol, Tobacco and Firearms, and an interstate nexus specialist, trained in the identification of firearms, that Browning firearms are not manufactured in the State of Texas and therefore travel in interstate commerce if received or possessed in the State of Texas. Meyer advised your affiant that it is unlawful for a person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to receive or possess a Firearm, which has moved in interstate commerce. Meyer also advised that persons who purchase and/or possess firearms store them in their residence, vehicle or on their person and maintain owner's manuals, receipts, and other documents of ownership of such firearms;
9. Your affiant knows that individuals and law enforcement officers often wear fanny packs to conceal weapons while in the public; and
10. Your affiant has been told by Detective Larry Oliver of the Dallas County Sheriff's Office, Homicide section, that often individuals who commit multiple homicides sometime retain something of their victims to remind them of their victims
D. Your affiant states that the facts, which establish probable cause necessary for the issuance of a search warrant for the above premises, are as follows:
WATERS, KARR, and FRY planned and executed the scheme to abduct, kidnap, and murder MADALYN MURRAY O'HAIR, JON GARTH MURRAY, and ROBIN MURRAY-O'HALR (hereafter referred to as the O'HAIRS) for the purpose of stealing at least $600,000 from the United Secularist of America, Inc. Your affiant has been investigating the matter since February 1997. It has been his experience as a Special Agent with IRS CID that the fraudulent conversion of money from a for profit or nonprofit organization to personal use requires planning, cooperation, and coordination.:
The concealment of these activities sometimes takes coercion and threats of violence against friends, and loved ones, which could lead to murder. Your affiant has reason to believe that WATERS, KARR, FRY, and others executed such a scheme in Austin, Dallas, and San Antonio, Texas. Your afflant also has reason to believe that after the fraudulent activities, laundering of money, theft of $500,000 of gold coins, and murder of the O'HAIRs, that WATERS and KARR turned on FRY and killed him. They then dumped the beheaded and handless body of FRY in Dallas County, Texas.
Background Information on Subjects of Investigation
According to testimony and documents provided by individuals set forth in this affidavit, WATERS has lived at Central Park 1 Apartments at 6008 N. Lamar, Apartment #219, Austin, Travis County, Texas since September 1992 and lives there till today.
Your affiant has determined that WATERS has a criminal history of violence, which includes convictions for one homicide, one assault, two forgeries, and one theft by check, and was charged with four weapons offenses, and one larceny charge. The murder conviction occurred in Peoria, Illinois in 1965 and WATERS was sentenced to 30 to 60 years. He was released and was arrested for assault on his mother and returned to prison. He was later released and was charged with unlawful use of a weapon and later with forgery and felony theft. All these offenses occurred all in Illinois. He returned to prison in 1985. He was released and moved to Naples, Florida where he was arrested for driving under the influence. In 1992, WATERS moved to Austin, Texas and shortly after was hired by the American Atheist General Head Quarters Inc. (hereinafter referred to as AAGHQ). In April 1994, WATERS was arrested on felony theft charges for stealing in excess of $50,000 from the AAGHQ located in Austin, Texas. He plead guilty to the charges and was later sentenced to 10 years probation with deferred adjudication. WATERS is currently on probation for the theft of $15,000 from the AAGHQ and is paying restitution. The records of the Austin Police Department reflect that WATERS was the office manager for the American Atheist when he stole in excess of $50,000. A currency transaction report filed by the Liberty National Bank with the U.S. Treasury Department reflects that on April 8, 1994, WATERS cashed three checks totaling $16,000 and received cash. He identified himself as office manager for the American Atheist.
Your affiant has determined that KARR has a criminal history of violence, which includes convictions for indecency with a child, armed robbery, and unlawful possession of a weapon. KARR was also charged with contributing to the delinquency of a child, rape, possession of burglary tools, attempted burglary, armed robbery a number of times. He was sentenced to 20 years of the aggravated kidnapping of the daughter of a Judge in Illinois in the l970s. The conviction and charges occurred mainly in Illinois and Wisconsin. In 1995, KARR was released from prison and moved to New Port Richey, Florida, located north of Naples, Florida. KARR is currently living at 1282 E. Lake Drive, Novi, Michigan 48377-1439.
Your affiant has determined that FRY had a criminal history, which mainly includes operating a motor vehicle under the influence. In addition, his brother Clarence Robert Fry (hereinafter referred to as Bob Fry) confirmed to your affiant that DANNY FRY was an alcoholic and a "con artist" in Florida. DANNY FRY previously lived at 126 Harrison Apartment 4 in Naples, Florida.
Your afflant has determined that OSBORNE has an extensive criminal record in Illinois. He has been charged with burglary, aggravated assault, and was imprisoned for burglary. He served prison time in Illinois. He currently resides in near Fort Worth, Texas. Your affiant does not know if the activities OSBORNE that follow were done with knowledge of the ultimate outcome, yet OSBORNE has known WATERS for a number of years and served in the Illinois prison system at the same time as WATERS and KARR.
Information for Confidential Sources (CS--2 and CS-3)
Special Agent Donna Cowling of the FBI introduced your affiant to CS-2 on February 8, 1999. CS-2 provided your affiant with information based on his/her personal knowledge, observations, and conversations with WATERS, KARR, FRY, and other individuals associated in the conspiracy. The information provided included the period from 1993 to the present. Agent Cowling has had subsequent contacts with CS-2 and has provided your affiant with the content of the information.
Your affiant through Agent Cowling has reviewed the substance of information provided by CS-3 who has personal knowledge of the actions and statements of WATERS and KARR, which include the period from 1995 to the present.
Your affiant has independently verified information provided by CS-2 and CS-3. The corroboration consists of the analysis of telephone records of WATERS, Lisa Jones, DANNY FRY, and Jon Garth Murray, third-party records of van rentals, hotel receipts, warehouse receipts, other receipts and documents, bank records, and interviews, observation, and through coordinated investigation between the IRS CD, the FBI, and the Dallas CSO. Neither CS-2 nor CS-3 are currently facing any state or federal charges relating to this investigation or other known investigation.
CS-2 advised that in approximately September 1991, WATERS moved to Austin, Texas.
Shortly thereafter, WATERS applied for a job at the American Atheist General
Headquarters (AAGHQ). He was hired. WATERS determined that the O'HAIRs were
difficult to deal with and they were extremely secretive about their activities.
Corroboration: Records of the Utility Department for the City of Austin reflect that utilities service for CS-2 at Central Park 1, 6008 N. Lamar, apartment #308 in Austin, Texas began on in September 1992. New utility services for CS-2 at apartrnent #219 in the Central Park 1 at 6008 N. Lamar, apartment #219, Austin, Texas began on September 9, 1993 and ended September 12, 1998. WATERS reestablished service on September 12, 1998 and currently has utility service at the location. Your affiant was told by Dallas CSO, Detective Larry Oliver that he personally observed WATERS in the courtyard of the Central Park 1 Apartments at 6008 N. Lamar in February 1999. Records from law enforcement databases reveal that WATERS had an address in Naples, Florida for a period during 1993.
CS-2 advised that the office manager for AAGHQ quit and WATERS filled the position. WATERS talked about the O'HAIRs being able to gain all of their money from scamming individuals, as did tel-evangelists. Because of his office manager position, WATERS learned that the AAGHQ had money located in accounts in New Zealand and about other assets of the AAGHQ. He believed the O'HAIRs had obtained the money by fraudulent means. WATERS made copies of records relating to transfer of money to New Zealand and other correspondence.
Corroboration: Records of the Austin Police Department indicated that on October 21, 1996, WATERS was interviewed by R. Adams #158 and Dana Davis, Assistant District Attorney for Travis County in the presence of Pat Ganne, his attorney. WATERS confirmed that he was working in printing and publication at the AAGHQ and became office manager in 1993. WATERS also explained his version of the theft by check, his knowledge of the Atheist organization, and of the whereabouts of the O'HAIRs. WATERS stated he believed that the O'HAIRs were in New Zealand and that there was close to $1 million dollars in a New Zealand bank. WATERS released through Ganne copies of documents he had removed from AAGHQ involving, the Guardian Trust account in New Zealand, and other correspondence. He also released a few chapters from a book he was writing at the time named "Code Name Satan."
Your affiant has reviewed the manuscript "Code Name Satan" and knows that it includes information about the movement of the atheist library of the AAGHQ with the assistance of Dan Sanders, an atheist from Houston, Texas. Sanders is now deceased. The manuscript contained verbatim conversations that took place in 1993 and related to the movement of the Atheist library to a safe place.
CS-2 advised that WATERS was open about his dislike of the O'HAIRs and made comments about harming Madalyn. WATERS began obsessing about his ability to take Madalyn's money without her knowledge.
CS-2 advised that in approximately March or April 1994, WATERS stole a computer and numerous bearer bonds from the safe at the office of the AAGHQ. WATERS attempted to access the computer and to negotiate the bonds but failed and he ultimately destroyed the computer and the bonds. CS-2 stated that during this time WATERS purchased rope and duct tape from Builders Square. Thereafter, he purchased a set of police handcuffs from McBride's Gun Store.
Corroboration: Records of the Austin Police Department revealed a report from the AAGHQ involving the stolen computer and the bonds. The police concluded that the theft was an inside job. Neither the computer nor the bonds were recovered.
CS-2 stated that in April 1994, while the O'HAIRs were in California involved in a Civil RICO lawsuit, WATERS had access to their bank accounts, as Murray left numerous signed blank checks for WATERS to use to pay organizational bills WATERS asked CS-2 to rent a safe deposit box at Nations Bank on North Loop and Burnet Road in Austin, Texas. After the theft, WATERS became concerned so he packed his bags, one of which contained a sock with approximately $25,OOO.OO and traveled to California. After the theft by check charges were filed against WATERS, he returned to Austin, Texas and pled guilty to the charges. WATERS was sentenced to performance of community service and ordered to pay restitution. He began his community restitution by working for the Austin Resource Center for Independent Living (ARCIL).
Corroboration. Records of the Austin Police Department and the Travis County District Attorney reflect the theft of in excess of $50,000 from the AAGHQ and that WATERS plead guilty to the charges in June 1994
CS-2 stated that after WATERS pled guilty, Madalyn printed an article about WATERS in the AA newsletter, which related WATERS' past criminal history. Madalyn characterized WATERS as a scumbag. At this point and time, WATERS had serious change of attitude regarding the O'HAIRS. WATERS mentioned that he would like to get revenge for what had been written and expressed fantasies of killing Madalyn. He spoke about seeing Madalyn suffer and snipping off her toes.
CS-2 met various friends of WATERS, including GARY KARR, DANNY FRY, and GERALD OSBORNE, a.k.a. Chico. CS-2 was first introduced to KARR on the telephone. WATERS met KARR while incarcerated. KARR was not a frequent caller, but on occasion, he would call. After KARR was released from jail, he relocated to Florida. KARR began visiting WATERS in Austin. CS-2 first met Chico, when he came to visit WATERS and CS-2 while they were living in San Antonio. CS-2 and WATERS went to visit Chico at his residence in the Dallas area. CS-2 advised that in the beginning of August 1995, DANNY FRY traveled to Austin, Texas to live with WATERS at 6008 N. Lamar, Apartment 219 in Austin, Texas and was seeking employment. Approximately two to three weeks after FRY's arrival, GARY KARR traveled to Austin in his Jeep to visit and "hang out" at WATERS' apartment.
Corroboration: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
Records of the Southwestern Bell Telephone, AT∓T and MCI reflect that starting July 17, 1995 through August 27, 1995, telephone calls were made from Austin, Texas to the telephone of Lisa Jones in Naples, Florida. On August 23, 1995, two calls were made from Buda, Texas and from August 29, 1995, to September 28, 1995, the calls were made from San Antonio, Texas. The calls were generally collect to number (313) currently (941) 263-8774. The majority of the calls were made from the residence of WATERS, number (512)4594640 which was subscribed to by CS-2. Other calls were made from pay phones in the general vicinity of 6008 N. Lamar, in Austin, Texas or from pay phones in Buda and San Antonio, Texas.
Donna Cowling, FBI, interviewed Lisa Jones who confirmed that in 1995 she had a relationship with FRY and that during the summer of 1995, FRY was talking long distance on the telephone a great deal. During July 1995, FRY decided to go to Texas concerning a big construction company. FRY seemed to be excited. FRY traveled to Austin, Texas possibly on July 5th or 15th, 1995. Jones purchased a one way airline ticket. FRY was to stay with DAVID WATERS, an old friend of FRY's whom he knew prior to dating Jones. On the day of his departure, Jones helped FRY pack his clothing in two black Jaguar suitcases, one being a small suitcase and the other a carry on. Later that day, FRY telephoned Jones to tell her that, he was in Austin. (The telephone bill for WATERS reflects an outgoing call at 8:28 p.m. on July 18, 1995, lasting 7 minutes from the residence of WATERS (512)4594640 to the phone at Jones residence.) During the beginning of his time in Texas, FRY called Jones everyday, often collect, (The telephone records from WATERS and to Jones reflect a number of calls of varying lengths from Austin, Texas to Naples, Florida until August 27, 1995. On August 28, 1995, Jones was called from the Interstate Inn and the Dorsett 221 Restaurant in Buda, Texas. On August 29, 1995, Jones was called from the swimming pool area of the Warren Inn in San Antonio, Texas.)
During August 1995, Jones telephoned FRY to inform him that she was having financial difficulties and asked him to send money. Later she received, via Western Union, approximately $1,000.00 to $1,500.00. Later, she received an APCO check in the mail worth 53,000.00 from FRY and her parents received 52,000 from FRY to repay a loan.
Jones said over the next few weeks, (during September 1995) the calls from FRY began to slow, they were not speaking everyday, and FRY's tone changed. He seemed to be in a hurry and would not talk on the phone as long. (The telephone records of collect calls to Jones's residence reflect a smaller number and the length of the calls decrease and they were from San Antonio.) On September 30, 1995, Jones was called from the phone at WATERS' residence. After that 14-minute phone call to Naples, Florida, DANNY FRY was no longer heard from. On October 2, 1995, at approximately 2:30 p.m. the headless, handless body of DANNY FRY was found in Dallas County. The body was not identified until January 27, 1999 by using DNA tests.
Records of Southwestern Bell Telephone, reflect that starting June 25, 1995, through December 10, 1995, telephone calls were made from the residence of WATERS number (512)4594640 in Austin to the telephone number of CS-3 at 813-848-3285 in New Port Richey, Florida. The calls were generally outgoing from (512)4594640. The last call to New Port Richey was made from the residence of WATERS on August 28, 1995, until October 2, 1995 when the calls resumed from the residence of WATERS. CS-3 advised that 813-848-3285 is his/her telephone number.
Donna Cowling, FBI, interviewed CS-3 who stated KARR was released from prison in early 1995. KARR relocated to New Port Richey, Florida and for the first time, CS-3 heard the name DAVID WATERS. Approximately one week before August 30, 1995, KARR told CS-3 that he was going to Texas for a big card game with WATERS. Thereafter, he flew to Austin, Texas.
While in Texas, KARR telephoned CS-3 and told him/her that he could not talk long as he was in the middle of the card game in which several others were involved. Furthermore, the stakes were high, being approximately $50,000.00 at a time.
On August 28, 1995, CS-2 left the apartment #219 of Central Park 1 and upon returning, WATERS, KARR, and FRY were gone. Just prior to the three men leaving, CS-2 saw all three men wearing fanny packs. The packs were black, navy, and silver. Before this, CS-2 had never seen WATERS in the possession of or wearing a fanny pack at any time.
CHRONOLOGICAL EVENT
On August 28, 1995, Orin Tyson found a letter to all employees, dated August 27, 1995, and signed in the name of Jon Murray, affixed to the door of the AAGHQ. The letter advised that the O'HAIRs were called out of town on an emergency basis. From that point in time, AAGHQ received telephone calls from the O'HAIRs but no face to face, contact and no one in the Atheist organization had any face to face contact with the O'HAIRs.
On August 26, 1995, records of Capps Van and Car Rental in Austin, Texas reflect that KARR rented a 1995 Ford Windstar Van, which was returned August 28, 1995, at 3:00 p.m.. The rental agreement had the phone number of WATERS, 5124594640 and the vehicle was driven 247 miles. Your affiant has driven to the Warren Inn in San Antonio and determined that it is nearly 79 miles from Austin.
On August 27th and 28th, 1995, records of the Interstate Inn, in Buda Texas reflect that WATERS reserved a room #219 at the Interstate Inn, in Buda, Texas. Telephone records reveal that FRY called Lisa Jones on August 28, 1995, from this location and the restaurant, Dorsett 221, next door.
In November 1998, your affiant searched the records of the Warren Inn. The search revealed that on August 28, 1995, WATERS and KARR registered at the Warren Inn in San Antonio for room #11 of the Village section. They completed the required documents and their driver's license were copied and attached. They prepaid the rent for one month, to September 27, 1995, and later paid for an additional three days till September 30, 1995. WATERS registered his 1989 Camaro, Texas license "NCR 86M" and KARR registered a 1995 Van as his vehicle and showed no Texas license number. No record of the O'HAIRs was found at the Warren Inn.
On March 7, 1999, Dallas CSO Detective Larry Oliver contacted James Williams, maintenance man for the Warren Inn during September 1995. Williams recalled seeing an elderly woman with white hair who had problems moving up and down the exterior staircase. He recalled seeing the woman on at least three occasions and that the woman used a walker because she had problems walking. He also saw two men assist her with the stairs. When shown a picture of Madalyn Murray O'Hair, Williams identified the person as the elderly woman with the walker and escorted by two men. Williams could not identify the two men.
On February 18,1999, your affiant interviewed Bob Fry who stated that FRY told him in September 1995, that he had purchased a pistol and was going to the pistol range to learn how to shoot. Bob Fry thought this was strange because FRY never owned a gun while in Florida. When he questioned FRY, FRY stated "This is Texas man!" Fry advised that during his conversations with FRY, FRY said the following things - I've got to go because I'm setting on these people; they were staying at the Warren Inn and the room is registered in the name of DAVID WATERS; he was sleeping weird hours and sleeping when he could; and he was using a van to get around.
In early September 1995, WATERS telephoned CS-2 and told him/her that he would be mailing some money to him/her. On two occasions, WATERS sent an envelope, which contained $5,000.00 through the mail and later, left $11,000 in currency in a bedside dresser drawer. In addition, WATERS purchased a white 1990 Cadillac Eldorado.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third-parties.
From August 28, 1995, through August 31, 1995, Jon Murray cashed checks on various Atheist and personal accounts and received advances on various credit cards totaling $20,900. From September 1,1993 to September 29,1995, Jon Murray cashed checks on various Atheist and personal accounts and received advances on various credit cards totaling $66,000. Included in this total is the sales proceeds from the sale of Murray's 1988 Mercedes Benz 300 SEL for $15,000. On September 5, 1995, the gray 1988 3005EL Mercedes Benz of Jon Murray was sold to Mark Sparrow for a $15,000 Cashier Check, USAA 01-3838-20088 by someone impersonating Jon Murray. The sale took place in the parking lot next to the Warren Inn in San Antonio, Texas. On March 1, 1999, the Sparrows picked a picture of DANNY FRY out of the photo lineup presented by Dallas CSO, Detective Larry Oliver. They identified FRY as being the person who sold them the Mercedes.
Prior to the Pecan Street Festival in Austin, Texas (September 23rd and 24th, 1995), WATERS returned to the apartment in a white Eldorado Cadillac. WATERS told CS-2 that the Cadillac was a good deal and he had to jump on it before KARR purchased the vehicle. During the month, WATERS would show up in the Cadillac. On one occasion, WATERS left the Cadillac and drove off in his Camaro. On one occasion, KARR showed up and borrowed CS-2's pickup truck for approximately one day. WATERS asked CS-2 for the keys.and instructed CS-2 to stay inside the apartment. CS-2 was unaware of who drove the truck, as WATERS was unable to drive a standard transmission.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third-parties..
On September 16, 1995, WATERS purchased a white 1990 Cadillac Eldorado from Rothery McKeegan for $13,000 cash. An analysis of the bank account and credit card withdrawals made by Murray on September l4th and 15th, 1995, reveals the accumulation of $13,000 in cash.
The records of the Texas Department of Motor Vehicles reveal that WATERS owns a 1989 Camaro RS, 2 door sedan bearing Texas license "NCR86M".
The records of the Drug Emporium at 221 N. W. Military Highway in San Antonio, Texas reflect that on September 1, 1995, September 12, 1995, and September 23,1995, prescriptions for Madalyn Murray Q'Hair were filled.
On one occasion, near the end of September 1995, around the time of the Pecan Street Festival, WATERS dropped off the Camaro and told CS-2 to take the Camaro to the car wash. CS-2 was instructed to have it washed inside, outside and underneath. CS-2 did not notice any stains or odors in the vehicle but there was some amount of mud in the wheel wells.
During the Pecan Street Festival in Austin, Texas (September 23th and 24th, 1995), CS-2 used WATERS' white Cadillac. CS-2 opened the trunk and saw a shovel and orange bow saw inside. The bow saw appeared to be new, though the shovel did not.
At some point during the month of September 1995, WATERS returned to the apartment with a round cut solitaire diamond. CS-2 saw the diamond.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
On September 16, 1995, Jon Murray's American Express Card #3728-341577-71009 was used to purchase a diamond worth $6,665.42 at Americus Diamond in San Antonio, Texas.
During late September 1995, WATERS asked CS-2 to rent a small storage unit, put a lock on the unit, and give him the key. Either the same afternoon or following day, CS-2 rented a unit at Burnet Road Self-Storage for one month. CS-2 purchased a padlock with a long shank and gave both of the keys to WATERS.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
On September 23, 1995, CS-2 rented storage unit #1640 at the Burnet Road Self-Storage.
During the month of September 1995, the telephone analysis shows a number of long-distance calls were made via a 1-800 from MCI, and at the time that would allow Murray to speak with the bank in New Zealand.
On September 15, 1995 - $608,136.25 was wire transferred from the New Zealand Guardian Trust to account no.4220007079 of the United Secularist of America at the National Westminster Bank of New Jersey. Prior to the deposit, the account balance was $9,420.57. Also at that time $12,457.90 was also transferred from the New Zealand Guardian Trust to account no.4220211547 of the United Secularist of America II at the National Westminster Bank of New Jersey. The account had opened on September 5,1995. Prior to the deposit, the account balance was $3,291.57. There was also an account at the Guardian Trust in the name of Jon Murray totaling $130,000, which remains unclaimed.
On September 21, 1995, the itinerary of Jon Murray and Conrad Johnson from Petry Travel Agency, Inc. San Antonio, Texas indicated that Murray and Conrad Johnson flew via Continental Airlines to New Jersey. They returned to San Antonio on September 22, 1995. While in New Jersey they stayed at the Sheraton Hotel where it was requested that they have one room with two beds. Airline tickets also verify the flight. The investigation revealed that Conrad Johnson was a fictitious name used by the person accompanying Jon Murray.
On Friday, September 22, 1995, $600,000 was wire transferred from account no. 4220007079 of the United Secularist of America at the National Westminster Bank to account no.200090190 of Cory Tichnor at the Frost National Bank of San Antonio, Texas. Also, Murray cashed a check in the amount of $12,000 at the National Westminster and the bank prepared a Currency Transaction Report.
On Monday, September 25,1995, Cory Tichnor of Cory's Fine Jewelry and Rare Coins in San Antonio, Texas placed the order for $600,000 in gold coins with Dillion Gage Metals. During the week that followed, the gold coins were drop shipped to Tichnor and stored in a safe deposit at the Frost National Bank in San Antonio.
During this same period in September 1995, WATERS telephoned CS-2 and told him/her that Chico (OSBORNE) would be coming by the apartment. CS-2 was to provide Chico with some money. Within a few days, Chico came by to pick up the money and CS-2 gave Chico approximately $700.00.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
On September 26, 1995, at 9:55 a.m. GERALD OSBORNE rented storage unit #F052, at the Public Storage at 8128 N. Lamar in Austin, Texas and paid advance rent of $282.00 cash. The records of Public Storage records the date and time of entry and exit on a by unit basis. Therefore the times and dates for each entry and exit are recorded and the corresponding rental unit number is recorded simultaneously.
During this investigation, CS-2 positively identified a photograph of GERALD OSBORNE, as the individual known to him/her as Chico out of a six-person photo identification lineup.
On September 27, 1995, KARR rented a 1995 Ford Cargo Van from Capps Van, and Car Rental in Austin, Texas at 5:00 p.m. and returned the van on September 30, 1995, at 11:41 am. The vehicle had traveled 381 miles.
At some point later, WATERS, while in the presence of KARR, told CS-2 that he was going to put a briefcase with half a million dollars in gold coins inside the storage unit, #1640 at the Burnet Road Self-Storage. KARR appeared to motion to WATERS to try and stop him from telling CS-2 about the gold coins. Later, WATERS gave CS-2 an American Eagle gold coin, which CS-2 later pawned.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties
On September 28, 1995, WATERS paid the Warren Inn for and additional three days, till September 30, 1995.
On Friday, September 29, 1995, a number of cellular phone calls from the phone of Jon Murray were made to Cory Tichnor. (Analysis of telephone calls). Jon Murray met Tichnor and identified himself at the Frost National Bank in San Antonio. At this time, Tichnor gave Murray the following gold coins worth $500,000: 550 American Eagle coins, 206 Canadian Maple leaf coins, and 408 Krugerand coins. Murray signed Tichnor's paper work, took the coins in two brief cases, and departed in a Lincoln Town Car.
On September 29, 1995, the last call on Murray's cellular phone 512-461-4473, was at 12:24 p.m. and it was to the AAGHQ office in Austin. From that point forward no calls were made on the cellular phone and the O'HAIRs were not heard from thereafter.
The investigation recovered records for Doc Holiday's Pawn Shop on Burnet Road in Austin, Texas reflecting that CS-2 pawned a gold coin on May 28, 1996.
CS-2 stated that during the month of September 1995, both pairs of police handcuffs, one hinged and one linked, owned by WATERS were not in the apartment. WATERS had previously kept them in his sock drawer. CS-2 stated that during this period, WATERS had a Browning 9mm semi-automatic pistol in his possession. WATERS also owned a Mexican knife which had a 7"-8" straight edge blade with serrations. This knife had a turquoise handle.
CS-2 stated that on the day the three men (WATERS, KARR, and FRY) returned to the apartment, WATERS had thousands of dollars in his possession as well as a lot of new clothing that were in bags from Saks 5th Avenue. He also had a new Raymond Weil watch.
CS-2 stated that when FRY returned to the apartment with WATERS and KARR, FRY looked sick. All three men appeared to be somewhat "out of it." WATERS was in a bad mood, was acting very business like, and said something hateful to FRY. It was obvious that WATERS and KARR were getting along, but FRY was not part of the group. CS-2 stated it was quite uncommon for FRY to be so quiet, as his usual demeanor was extremely talkative and animated. CS-2 found it strange that FRY was not drinking or even drunk as he usually drank whiskey and beer everyday.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
On Saturday, September 30, 1995, records of Public Storage reflect that for the first time, the gate code for storage unit F052 was entered and exited three times. First at 8:54 a.m. and exited at 9:02 a.m. (eight minutes), then opened at 10:51 am. and exited at 11:13 am. (twenty-two minutes) and then opened at 12:21 p.m. and exited at 1:32 p. m. (one hour and eleven minutes).
On February 12, 1999, Detectives Robert Bjorklund and Larry Oliver of the Dallas CSO, interviewed Dale Coryell former manager of the Public Storage warehouse at 8128 N. Lamar, Austin, Texas. He managed the warehouse from December 1992 to May 1998. He recalled taking the application for unit F052 from a lone man who was moving to Austin and needed the unit for his furniture. The unit was between units FO5O and F054. Two or three days later while making his daily inspection rounds Coryell noticed two pickup trucks blocking the front of the unit rented by the lone man. There were three white males inside the unit, as well as, at least two blue plastic barrels next to the left wall. The barrels had metal straps, which sealed the top. The barrels alerted Coryell's attention because he was concerned that they contained hazardous material and it was not what the tenant said would be stored in the unit. The three men appeared to be in their 5Os, approximately 5 foot 9 inches to 5 foot 10 inches. One man was of stocky build and another had dark black windblown hair. Your affiant knows that the stocky build individual matches the description of FRY and the dark brown windblown hair matches the description of KARR.
On September 30, 1995, the record of Capps Van and Car Rental in Austin, Texas revealed that the Van rented on September 27, 1995, was returned at 11:41 a.m. with 381 miles driven. The trip to San Antonio is approximately 100 miles.
Telephone records indicated that a call was placed from the phone of WATERS on September 30, 1995, to Lisa Jones in Naples, Florida at 2:30 p.m.
Lisa Jones advised Agent Cowling that September 30, 1995, was Lisa Fry's birthday and FRY telephoned his daughter at her residence in Naples, Florida. FRY complained he did not have any money. No one heard from FRY after this phone call.
CS-2 stated that soon after WATERS, KARR and FRY returned to the apartment FRY took a nap. After FRY awoke from the nap, CS-2 packed his belongings, which included basic clothes and t-shirts, and a couple of black suitcases. He also had some shopping bags containing shoes WATERS had given him. It was CS-2's impression that FRY was returning to Florida. CS-2 left the apartment to run an errand. When CS-2 returned, WATERS, KARR, and FRY were gone. FRY's belongings were still in the apartment. WATERS and KARR were gone from the apartment at least one night, possibly more. At one point in time, CS-2 returned to the apartment from an errand and noticed that most of FRY's personal belongings were gone, except for a souvenir mug and a black suitcase, which was now empty. CS-2 then saw WATERS and KARR walking towards the apartment from the dumpster in the parking lot. Both men were in a good mood and laughing. CS-2 asked WATERS where FRY was, at which time, he replied, "He took off with some guy." CS-2 stated that during this time, KARR began teasing WATERS about WATERS' inability to read a map. CS-2 never saw FRY again.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the Investigation from the relevant third parties.
On Sunday, October 1, 1995, the gate at the Public Storage at 8128 N. Lamar opened for storage unit F052 at 9:54 am. and exited at 10:15 am. (twenty-one minutes).
On Monday, October 2, 1995, Cory Tichnor received the remaining $100,000 in gold coins but Jon Murray did not return. The 342 gold coins (Canadian Maple Leafs) were later surrendered to your affiant on December 10, 1997.
On October 2, 1995, the gate at the Public Storage at 8128 N. Lamar opened for storage unit F052 at 9:24 a.m and exited at 9:47 a.m. (twenty-three minutes).
On October 2, 1995, at 10:15 am KARR rented a 1995 Ford Cargo Van from Capps Van and Car Rental.
On October 2, 1995, the gate at the Public Storage at 8128 N. Lamar opened for storage unit F052 at 10:33 a.m. and the exit was not recorded.
On October 2, 1995, at approximately 2:30 p.m. the naked body of DANNY FRY was found in Dallas County on the Trinity River, southeast of Dallas, Texas. The body was beheaded and handless. It was ultimately determined to be FRY's body on January 27, 1999, as a result of DNA tests. At the crime scene was a heel print that appeared to be the emblem of a Florshiem dress shoe.
During the weekend of September 30, 1995, CS-2 looked in a shopping bag in apartment #219, which contained three pairs of tennis shoes. CS-2 picked up one pair of low top white leather shoes and CS-2 noticed that this particular pair had blood on the sides and underneath. The other two pair had blood on the tops. CS-2 believed that one of the pairs of shoes belonged to WATERS. Also at the apartment, CS-2 saw two small black boxes that appeared to be a transmitter and receiver.
On or about Tuesday, October 3, 1995, WATERS telephoned CS-2. WATERS seemed to be out of breath and told CS-2 that he/she needed to get to the storage unit right away as someone had broken in and stolen the briefcase. CS-2 immediately drove to the storage company. CS-2 immediately went to the unit and noticed that the unit door was ajar and the lock was missing. CS-2 returned to the apartment while WATERS seemed to have disappeared for a few hours. CS-2 then determined that WATERS had called from the Poodle Dog Lounge, located across the street from the Burnet Road Self-Storage. When CS-2 finally spoke to WATERS, he seemed nonchalant and unconcerned about the theft.
He stated something to the effect of "Oh well! It's gone." CS-2 asked WATERS what was KARR's reaction to the coins being gone and did just accept what happened. WATERS said everything was fine. WATERS, said that FRY stole the coins. Later, WATERS stated that FRY's son stole the gold and still later, WATERS stated that the coin dealer stole the coins.
That evening, CS-2, WATERS, KARR, and KARR's girlfriend stayed at the Four Seasons Hotel on Town Lake in Austin, Texas. KARR had flown his girlfriend from New Port Richey, Florida. While at the Four Seasons, CS-2 saw a lock in the overnight bag of WATERS. The lock matched the description of the one he/she purchased and originally placed on the Burnet Road storage unit The following day, KARR and his girlfriend drove back to Florida in KARR's Jeep.
CORROBORATION. Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
CS-3 confirmed coming to Austin, Texas, staying at a luxury hotel with KARR and WATERS and that KARR returned to Florida the following day. At the hotel KARR was in possession of approximately $8,000.00 cash, and had room service with champagne which ran over $200.00. During the evening, KARR stated himself, WATERS, and a third man, won a lot of money during the card game, but only had thousands of dollars left because someone stole the rest. KARR explained that the winnings were put in a storage unit and someone broke into the unit and stole the money. KARR stated that he thought WATERS actually stole the money, but he was not mad at WATERS. KARR returned to Florida with a lot of new clothes that he bought while he and WATERS were on a shopping spree. KARR bought a leather jacket, three tailored Armani suits, $300.00 pairs of Johnson and Murphy shoes, $200.00 ties, and $90.00 socks. He told CS-3 that he bought the clothing with the winnings from the card game. CS-3 estimated KARR had approximately $30,000.00 in clothing. CS-3 stated that since this time KARR has spent money on personal items including a Harley Davidson motorcycle and a computer.
Records of the Four Seasons Hotel reflect that on October 3, 1995, WATERS checked in at 1:22 p.m. and KARR at 1:26 p.m. WATERS and KARR checked out of the hotel on October 4, 1995. Immediately upon returning to Florida, on October 3rd or 4th, 1995, KARR showed CS-3 three Rolex watches and two gold rings. The Rolexes consisted of two gold and silver ladies watches and one men's Presidential Rolex with a blue face KARR stated he won the jewelry in the card game.
On October 3, 1995, at 6:12 p.m. KARR returned the 1995 Ford Cargo Van to Capps Van and Car Rental. The records of Capps reveal the beginning mileage when KARR rented the van and the mileage at the start of the subsequent rental indicated that the van was driven 419 miles. The mileage to Dallas, Texas from Austin on IH-35 is approximately 192 miles.
On February 23, 1999, a consent search was secured from the current owner of the 1995 Ford Cargo Van. The Dallas CSO crime unit tested the van for the presence of blood. The presumptive field test revealed what appeared to be blood under the floor mat and in a number of places in the van. As of March 22, 1999, the chemical analysis of the blood to determine if it was human blood is pending.
On October 4, 1995, the storage unit at Burnet Road Storage was surrendered by CS-2.
A few days after WATERS and KARR returned without FRY, CS-2 saw WATERS cutting up a shirt, which he/she believed to be the one FRY was wearing the last time, he/she saw him. WATERS used the shirt scraps to clean his glasses.
During this same period, FRY's daughter called and asked CS-2 if he/she knew where FRY was as he had not returned to Florida. Thereafter, WATERS began taking the calls from FRY's family members.
During October 1995, CS-2 saw WATERS take his 9-mm Browning semi-automatic pistol apart and clean it. The only other times CS-2 saw WATERS clean his pistol, was on the two to three prior occasions when WATERS went to the shooting ranges. WATERS did not clean his gun again until after the next time he shot. WATERS normally kept a few boxes of ammunition with his weapon in his closet. WATERS had a black nylon/velcro shoulder holster.
On approximately October 7,1995, CS-2 and WATERS drove to New Port Richey, Florida and WATERS took the 9-mm Browning semi-automatic pistol with him. In Florida, they stayed with KARR for one to two days. One of the evenings, WATERS and KARR left for a while and later met CS-2 and CS-3 a bar in New Port Richey. When in route back to Austin, WATERS and CS-2 spent the night at the Royal Sonesta in New Orleans, Louisiana. CS-2 rented the room because WATERS was on probation for the Atheist theft and was not authorized to leave Texas. WATERS was also a felon and it is against the law for him to possess a weapon.
CORROBORATION. Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
CS-3 confirms that WATERS was in New Port Richey, Florida with KARR on approximately October 7, 1995.
On February 18, 1999, Bob Fry confirmed that WATERS came to his residence in Naples, Florida to retrieve a letter that DANNY FRY sent to him via Lisa Jones. Bob Fry spoke to WATERS the previous week and just appeared at his door step on the evening of October 8, 1995. WATERS was accompanied by another white male. The conversation was very threatening. WATERS advised that DANNY FRY and them were involved in a "heavy score" in Texas and the people they were involved with were worse than the Mafia. WATERS wanted the letter but Bob Fry convinced him that he did not read the letter and had destroyed it. WATERS later departed.
Bob Fry advised your affiant, that he had opened the letter and DANNY FRY stated in the letter, that "if you are reading this letter I am probably dead. Go to the FBI and tell them to look at DAVID WATERS and (a name he could not remember). We were involved in a big crime in Texas." Bob Fry advised your affiant that he burned the letter and flushed the ashes.
CS-3 advised that on approximately October 8, 1995, after WATERS and his girlfriend left and while in New Port Richey, Florida, CS-3 confronted KARR about what he did in Texas with WATERS. KARR confessed to him/her that he and WATERS while in Texas stayed at a place where they were playing cards and he was not able to get any sleep. After the card game, WATERS drove four (4) people involved in the card game back home. WATERS killed them, took the jewelry (rings and Rolexes) off the bodies and buried them in a field in Texas near a subdivision. WATERS used the van rented by KARR to transport the bodies. KARR told CS-3 that one of the persons killed was a woman named O'HAIR, her daughter, son, and another guy. Later KARR told CS-3, that WATERS had previously worked for the O'HAIRs and planned everything while KARR was still in jail; WATERS mailed letters to KARR while in jail telling KARR to come to Texas because of the big plan.
Later in 1995, WATERS called KARR and told him to come to Texas. WATERS wanted to rebury the bodies of the O'HAIRs because their hands were sticking out of the ground. KARR returned to Texas but refused to help WATERS so they left the bodies as they were. KARR continued to make trips to Texas between then and Christmas 1995.
On March 5, 1999, FBI agent Cowling retrieved one of the rings, a lady's ring with pink precious stones and small diamonds from CS-2. Cowling has also determined from records of Don Wilson's Jewelers in Austin, Texas that the O'HAIRs owned one men's Presidential Rolex and two gold and silver watches. When servicing a Rolex the jewelers for Don Wilson mark the inside of the case of the watch. Your affiant believes these Rolex watches are the same as those shown CS-3 by KARR and that they were stolen from the O'HAIRs and taken to Florida by KARR. CS-3 advised that he/she knows that KARR's sister, Sidney Karr is in possession of one of the women's Rolex watches and that she is in Chicago, Illinois.
Records of the Southwestern Bell Telephone, reflect that telephone calls were made from the residence of WATERS number (512)-459-4640 in Austin to the telephone number of CS-3 at 8l3-848-3285 in New Port Richey, Florida from October 1995 to December 1995. The calls were generally outgoing from (512)-459-4640. (Telephone Toll Analysis)
Records of the Royal Sonesta indicated WATERS stayed in New Orleans on October 10, 1995.
In October 1995, WATERS directed CS-2 to a particular unit at the Public Storage, located at 8128 North Lamar, in Austin, Texas. WATERS told CS-2 to pull past the unit so CS-2 could not see inside. WATERS got out of the pickup truck and retrieved a two to three (2-3) gallon pump spray bottle from the back. WATERS entered the unit and was gone for 10-15 minutes. When he returned, the bottle was depleted of liquid and he smelled of Clorox. At the time, CS-2 remembered WATERS previously speaking of chopping people up and putting them in barrels. CS-2 was afraid to look in the unit for fear of what he/she might see. CS-2 continued to think that WATERS killed FRY and this is what had happened to him.
CORROBOROATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
On October 28, 1995, the gate at the Public Storage at 8128 N. Lamar opened for storage unit F052 at 3:05 a.m. and exited at 3:12 a.m. (seven minutes) Later a check of the premises by the manager found the warehouse was empty and unlocked.
Later, during the Fall of 1996, while out socializing, CS-2 came to apartment #219 intoxicated. WATERS became irate because CS-2 left his/her pickup truck at a bar. When the argument began KARR left the room. WATERS picked up a weight and threatened to beat him/her with it. CS-2 attempted to get away from WATERS. He retrieved a gun from a bedside drawer. WATERS struck CS-2 in the face with the butt splitting his/her lip and cracking his/her teeth. CS-2 spit tooth matter and blood at WATERS at which time he sat down against the wall becoming quiet. CS-2 immediately asked WATERS, "Is this what happened to the O's (referring to the O'HAIRs)?"
WATERS stood up and told CS-2 that he did not want to hear him/her ever say that again. The following morning, WATERS left the apartment for work. KARR asked CS-2 if he/she remembered what he/she said the night before KARR cautioned CS-2 about ever bringing that subject up again. KARR went on to state, "Sometimes you're around people who do things and you don't agree with it." CS-2 perceived that KARR was attempting to tell him/her that WATERS had done something to the O'HAIRS and was just there.
In August 1998, WATERS left Austin, Texas and went to Illinois or Michigan. While WATERS was gone CS-2 called him and told WATERS he/she wanted him to move out of the apartment. When WATERS returned to Austin, Texas and apartment #219 in August 1998, he had in his possession some jewelry including a tennis bracelet, a couple of rings, and a watch with rhinestones. In addition, CS-2 saw WATERS clean his 9mm Browning semi-automatic pistol for the first time since 1995.
During February 1999, CS-2 received a phone call from WATERS who told him/her that Pat Ganne, his attorney, was preparing a statement for the media and wanted CS-2 to confirm that he/she remembered FRY leaving with some guy on the day, FRY, disappeared. CS-2 agreed with WATERS so that he would not call him/her anymore.
CS-2 stated that WATERS is writing a book with a ghostwriter about the O'HAIRs. He purchased a Gateway computer and a color printer with which to write his book. He also had documents that he removed from the Atheist headquarters. The last time they were seen was in August 1998. WATERS keeps up on the news articles about the O'HAIRs.
CORROBORATION: Third-party testimony and documentation about the following were obtained during the investigation from the relevant third parties.
John MacCormack of the San Antonio Express News included the following quotes of WATERS in numerous articles about the disappearance of the O'HAIRs and of FRY.
1. In a January 1999 article, WATERS was quoted as saying, "I am in no way connected with the disappearance, demise, relocation to a sunny clime or anything else that had to do with them (the O'HAIRs) The last time I saw them was about a year before they decided to make this little move."
2. Of the disappearance of the O'HAIRs, "Everyone seems to think it was sudden." "In fact, it was an ongoing process, and I know that it can be verified with well-documented evidence, this unannounced relocation to parts unknown."
3. WATERS stated he has internal atheist documents that prove the family absconded.
4. WATERS admitted that he stayed at the Warren Inn in San Antonio, just a couple of years earlier before moving to Austin and going to work for the O'HAIRs.
5. WATERS said the white 1990 Cadillac Eldorado was purchased with personal savings.
6. WATERS denied any knowledge of the disappearance and murder of FRY and recalled only a passing encounter with him in 1995. WATERS admitted meeting FRY in Florida a few years earlier, and became reacquainted when FRY called that summer asking about work in Austin. WATERS stated, "Dan contacted me. I did tell him if he was interested in getting ahead, Austin was hot. I said the unemployment rate is 3.2 percent. If you want to get something going, this is the place to be." WATERS stated he put FRY up briefly in his apartment on North Lamar in Austin sometime in 1995. WATERS stated, "He stayed here a couple of weeks." "I know he was having some personal problems." "I got the impression he was trying to get away from things for a while." FRY stayed in Austin a little while, drinking and gambling, and after no job materialized, he moved on, never to surface again. WATERS stated, "He was ripping and running. He had his own group of friends. The last time I saw him was with a guy he was running around with. It was in Austin."
Robert Bryce, reporter for the Austin Chronicle, was contacted by WATERS on October 7, 1998, to seek publicity for the documents he took from the AAGHQ.
WATERS has cooperated with the news media and has been openly acknowledged by the news media as a likely suspect in the disappearance of the O'HAIRs and FRY.
1. WATERS told Bryce that "they didn't rush out of here leaving breakfast on the table. It was carefully planned." WATER further stated, "This wasn't an overnight thing." "It appears to me that this was contemplated well before I ever went to work at the GHQ. There was strong suspicion that these people were going to take flight. It suddenly happened, then all of a sudden we have all this speculation that they were abducted by little green men, they were abducted by the religious right, they were abducted by me, they were abducted by God only knows who."
Rick Klein, reporter for the Dallas Morning News, interviewed WATERS in and the article "Proclaiming his innocence" dated March 11, 1999.
WATERS admitted writing a book named "Good Gawd, Madalyn! The Not-So-Sudden Disappearance of Madalyn Murray O'Hair, The Most Hated Women in America." The manuscript has not been published, but Klein wrote that, "Mr. WATERS writes about a manipulative and repulsive family; with a leader - Madalyn Murray O'Hair - who cares for little other than her public image and soliciting donations. She and her family appear far less concerned with atheism than with making money. The book includes long passages quoting faxes and letter the author says were sent between Jon Murray and Don Sanders, a Houston atheist leader." The manuscript also included information about the "multimillion-dollar atheist library and liquidating the family's assets.
Your affiant has reviewed a portion of a copy of the manuscript "Code Name Satan" received by Darla Davis on October 21, 1996. The manuscript includes the same information as Klein disclosed that was in the new manuscript, "Good Gawd, Madalyn!"
Based upon the foregoing, your affiant believes that WATERS is seeking to publish his manuscript "Good Gawd, Madalyn" in an attempt to establish an alibi for his crimes and to mislead investigators and the public regarding the disappearance of the O'HAIRs and their missing $500,000 in gold coins.
On January 23, 1999, the Internal Revenue Service Collection Division auctioned the belongings of the O'HAIRs to pay income taxes owed. Your affiant was present at the auction in Pflugerville, Texas. Your affiant observed WATERS and reporter John MacCormack talking in public at the auction and overheard WATERS say, "Where there's blood, there's a lead."
Your affiant had the records of the Internal Revenue Service searched, which revealed that WATERS has not filed income tax returns since 1993. CS-2 advised that WATERS had been employed by AAGHQ in 1993 and 1994 and later by the Austin Resource Center for independent Living. Neither job could have maintained his personal living standards from 1993 to 1999.
Conclusions.
Based on all the foregoing facts, your affiant believes that there exist probable cause to believe that WATERS conspired with KARR and FRY to launder funds of the United Secularist, Inc. by causing Jon Garth Murray to convert money belonging to the United Secularist of America to gold coins in violation of 18 USC Sections 371, 2314, 1956, and 1957. That WATERS, KARR, FRY and others conspired to abduct, kidnap, and murder the O'HAIRs and that in doing so they traveled or caused persons to travel in violation of USC Sections 1952 and 371. That WATERS is also in violation of 18 USC 922 (g)(1), for possessing a 9-mm Browning semi-automatic pistol, which he transported in interstate commerce. Your affiant believes that probable cause exist to believe that the property to be seized described above, is being concealed within the premises described above, and that the property to be seized constitutes evidence of criminal violations alleged herein.
F. Based on the evidence and information contained herein, your affiant has probable cause to believe and does believe that within the residential premises described in the attachment (Attachment A) to this affidavit, are now located evidence of these conspiratorial activities of interstate transportation in aid to racketeering, interstate transportation of stolen money, money laundering, unlawful possession of a firearm by a felon, and murder. And that within the residential premises described in the attachment (Attachment A) to this affidavit, are now located records and items described in the "Property to be Seized" attachment (Attachment B) to this affidavit for search warrant.
G. Based on the evidence and information contained herein, your affiant believes that the evidence to be seized including the manuscripts "Code Name Satan" and "Good Gawd, Madalyn! The Not-So-Sudden Disappearance of Madalyn Murray O'Hair, The Most Hated Women in America," are exempt from the Privacy Protection Act, Title 42 United States Code, Section 2000aa. Your affiant contacted John Lynch, attorney of the Department of Justice Computer Crimes and Intellectual Property Section of the Criminal Division, who after reading this affidavit, concluded along with his Section Chief that the Privacy Protection Act applies to the manuscripts and materials, but that the crime exemption section of the act would apply to the manuscripts and materials. The manuscripts and materials are evidence of the crime and there is reason to believe that the person (WATERS) possessing these manuscripts and materials has committed the crime to which the manuscript and materials relate
Your affiant asks that this search warrant affidavit sealed because public disclosure could jeopardize the ongoing investigation and the confidential sources. Also the suspects are extremely violent, and have not been arrested.
Edmond I. Martin, Special Agent
Subscribed and sworn to before me on this 23rd day of March, 1999.
United States Magistrate Judge
Attachment "B"
PROPERTY TO BE SEIZED
Originals or copies of documents removed from the headquarters of the American Atheist, relating to the American Atheist, United Secularist, and other Atheist Organizations, including letters, bank account information, wire transfers to New Zealand, checks, deposits, long distance telephone bills and other documents.
Invoices for purchases of personal items, assets, warehouse receipts, and other records of expenditures of David Waters or Gary Karr.
Cadillac purchase documents
Western Union Money Order receipts and Federal Express
Calling cards, telephone bills, and telephone address book
Letters to or from Gary Karr, Gerald Osborne or Danny Fry
Safe Deposit box keys or records
Physical Evidence:
Rope
Duct Tape
Bow saw
Shovel
Shoes - white leather tennis
Shoes - dress with heel emblem - Florsheim shoes
Gun - Browning 9 mm handgun
Ammunition for weapons
Fanny packs (black, navy, and silver)
Shoulder holster
Gold Coins - American Eagles, Krugerands, and Canadian Maple Leafs
Gold Coin - containers
Handcuffs (linked and hinged)
Pad Lock with long shank
Blue barrels
Mexican knife with serrated blade and turquoise handle or similar knife
T-shirt cut into pieces
Souvenir Mug
Large sum of money
Map
Black Luggage (Jaguar brand)
2 black boxes believed to be a transmitter and receiver.
Pressure bottle
Raymond Weil Watch
Photographs
Calling Cards
Cellular phone of Jon Murray- #512-461-4473
Personal Effects of Jon Garth Murray, Robin Murray-O'Hair, and Madalyn Murray O'Hair, including but not limited to driver's license, jewelry, and other personal items.
Computer and files consisting of Computer hardware devices, applications software, related instruction manuals or other documentation, and data security devices, as needed to ensure the recovery or retrieval of the foregoing records.
Computer files including the manuscripts "Code Name Satan" and "Good Gawd, Madalyn! The Not-So Sudden Disappearance of Madalyn Murray O'Hair, The Most Hated Woman in America" and related notes, drafts, e-mails, letters, documents, and correspondence.
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