FEDERAL AUTHORITIES CONFIRM REMAINS OF MURDERED O'HAIR FAMILY

March 15, 2001

At a press conference this morning in Austin, Texas, investigators announced that they have positively identified remains unearthed at a ranch 120 miles west of San Antonio as those of American Atheists founder Madalyn Murray O'Hair, her son Jon Garth Murray and adopted daughter and granddaughter Robin Murray O'Hair.

Roderick Beverley, special agent in charge of the FBI's San Antonio office said that forensic scientists used various medical and dental records to identify the three family members. "This certainly gives us some closure," he told reporters.

The remains were found in late January, 2001 after David Roland Waters, 53, reached a plea agreement with authorities and took investigators to the site near Camp Wood. Waters was slated for trial over his involvement in a scheme to kidnap, defraud and murder the O'Hairs. A close associate, Gary Karr was convicted last June on four counts in connection with the case, and received a life sentence. Another man, "Chico" Osborne, was found guilty of using a fraudulent social security number in order to rent a storage locker where, say investigators, the O'Hair's bodies were dismembered and placed in plastic drums, and then transported to the burial site.

Two years ago, authorities had searched portions of the 5,000 acre Cooksey ranch using sophisticated ground imaging equipment, earth movers and specially trained dogs, but no remains were found. Waters identified the 15' x 15' area, though, where the bodies were buried, stacked on top of each other.

The head and hands of a fourth person were also discovered. Investigators say that these are likely remains of Danny Fry, whose headless and handless corpse was found in 1995 on a Dallas County river bank. It is believed that Fry, a small-time con man from Florida who came to Texas at the behest of Waters, was killed for fear that he might talk about the plot.

The remains from the grave site were turned over to two experts from University of Texas Health Science Center at the San Antonio Dental School.

The official cause of death for the O'Hairs was listed as "indeterminate," but important forensic clues suggest possible circumstances for how the family members may have died. Mrs. O'Hair's remains were identified in part from a metal artificial hip replacement from 1988 and various dental records. Age, stature, ancestry and other information was used to confirm the identities of the bodies as well.

In the case of Jon Garth Murray, forensics investigators listed the possible cause of death as "Suffocation/Blunt Trauma." An entry on the autopsy report added: "During excavation of individual #3 (identified as Jon Murray) it was noted that a plastic bag had been placed over the victim's head prior to burial, suggesting the possibility of suffocation as cause of death. In addition, a fragment of a plastic ligature was found in association with the hands of this individual."

"Small fractures" were also identified on head bones, and were "consistent with blunt force trauma and may possibly be related to the cause of death."

AANEWS has learned that sources close to both the investigation and autopsy were unable to confirm or deny whether members of the family were tortured. During the trial of Gary Karr, a former girlfriend of David Waters reported that he fantasized about torturing O'Hair and cutting off her toes. Dr. David Glassman of the Center for Education and Research in Forensics in San Antonio reported that the toes had not been severed or crushed. Prior to the trial of Gary Karr, sources close to the probe spoke of torture and rape following the initial abduction of the family. Investigators added that they were unable to identify what sort of instrument had been used to dismember the bodies.

The autopsies also revealed that the condition of the remains was "relatively good," and that "Several hand and foot bones, and fragments of other bones were recovered during the grave excavation but due to co-mingling or recovering during the screening process, they were not assigned to a particular individual."

The bodies had been dismembered at the mid-thigh level.

Full details of the plea agreement involving Waters, and what other information he may have provided to federal investigators, remains sealed by court order. It is known, though, that part of the deal is that Waters will serve any prison sentence in a federal facility. He faces sentencing as part of the agreement at the end of this month.

Ellen Johnson, President of American Atheists, issued a statement to reporters saying that today's confirmation "brings closure to a painful and unfortunate tragedy."

"Madalyn O'Hair played a pivotal role in the history of state-church separation in America, thanks in part to the historic MURRAY v. CURLETT (1963) Supreme court case which helped to end coercive prayer and Bible verse recitation in the public schools.

"Jon Murray and Robin Murray both continued this legacy by fighting for civil rights for Atheists, and First Amendment freedoms."

Johnson added that today's revelations "refute and discredit the irresponsible charges that the O'Hairs had absconded with funds from this organization, and had fled the country." She noted that the investigation into their fate began as a money laundering inquiry, but quickly turned into a murder investigation.

"For us as an organization, this is final closure," Johnson said.

[text only]