This year marks the five-year anniversary of the disappearance of Madalyn Murray O’Hair, her son Jon Garth Murray and granddaughter Robin Murray-O’Hair, witnessed the trial of Gary Paul Karr, and brought some closure as to the facts in the case.

The primary people involved were as follows:

• Madalyn Murray O’Hair Founder of American Atheists, she wrote many books and pamphlets and lectured extensively at major colleges across the country. Ms. O’Hair was a plaintiff in the historic 1963 case Murray v Curlett that helped to end coercive prayers and the age of 76. Evidence points to her being dismembered and her body being disposed of in barrels.

• Jon Garth Murray Son of Madalyn Murray O’Hair and president of American Atheists, he was coerced into converting $600,000 from an American Atheist organization fund into gold coins in an attempt to rescue his family from the perpetrators who held them captive in a San Antonio motel. He was 40 when he disappeared.

• Robin Murray-O’Hair Granddaughter to Madalyn O’Hair, and editor of American Atheist Press, was the last of the trio believed to be kidnaped and murdered. She was 30.

• David Roland Waters had worked for the O’Hairs, but ran into trouble when he was accused of stealing an office computer. He was angry at Madalyn O’Hair for a July 1995 American Atheist Newsletter article that reprised his criminal past, including a conviction for stealing $54,400 from the Atheist organization. His girlfriend testified in the Karr trial that he rented a storage locker to store the ill-gotten gold and fantasized about torturing O’Hair before her disappearance. The Federal investigators believe Waters was the mastermind of a plot to kidnap, rob and kill the O’Hair family; although, he has not yet been charged in the case. Waters is in prison for 60 years on an unrelated weapons charge.

• Danny Fry A con-artist from Florida and co-conspirator of Waters and Karr, he never got to enjoy his ill-gotten gains: his body was found in the Trinity river, southeast of Dallas with his head and hands missing. He was a victim of his partners in crime who were afraid that he would lose his resolve and talk to the authorities.

• Gary Paul Karr Mr. Karr, 52, an ex-convict from Michigan, coerced Jon Murray into helping steal a sum of the American Atheists’ money, and Karr is suspected by some of killing the Atheist family and disposing of their bodies.

• Austin Police Department and the Travis County District Attorney’s office For a variety of reasons, though David Waters had motive and opportunity and also a violent criminal history, the Police and the D.A.’s office ignored the facts, allowing Waters to remain free after he admitted to stealing $54,000 from the American Atheists. For nearly four years, they continued to ignore those facts, even as more clues began pointing the finger of suspicion at Waters. Despite several briefings from federal agents and solid leads developed by members of the press, the Austin Police Department sat on the sidelines of the O’Hair investigation for nearly three years. It also seems that the police discounted the Murray-O’Hairs’ fear of Waters, even though O’Hair had asked a judge in her case to issue a restraining order but was refused one.

• The Press Ubiquitous but never interested in covering our or the Murray-O’Hair family’s cause on critical issues or the disappearance, was suddenly hot on the case when the Karr trial began. It is not unusual to find a quotation that illustrates the way the Press would deride the O’Hairs:

From the Washington Post, Thursday, June 1, 2000:

O’Hair, a plaintiff in the landmark 1963 Supreme Court case that banned public school prayer, was a contentious, foul-mouthed iconoclast — the nation’s most famous public blasphemer. As founder and financial czar of American Atheists Inc., she riled Cold War America with her sneering contempt for religion. In late August 1995, at age 76, long after she had faded into obscurity, she and son Jon Garth Murray, 40, and adopted daughter Robin Murray-O’Hair, 30, vanished from their Austin home. [emphasis added]

And this slanted view from the jurors as reported by the Associated Press, June 7, 2000:

While some jurors thought the O’Hairs were kidnaped from their home and later murdered, a few others believed the O’Hairs left Austin after being forced from power by another faction led by Ellen Johnson, the current president of American Atheists. [emphasis added]

John MacCormack makes this sexist comment in the Dallas Observer, June 15, 2000:

...police received a critical tip, and three months later genetic testing confirmed the headless corpse of Fry. The finding triggered an explosion of police activity in a disappearance case with a far higher profile, that of O’Hair, the atheist battle-ax credited or blamed with taking prayer out of public schools, [emphasis added]

Keep these participants in mind as I turn over the discussion of the Karr case and the disappearance of the O’Hair family to Conrad Goeringer as he brings this story together.

Memorial Recognition Program American Atheists depends exclusively on the generosity of members and supporters to underwrite its daily expenses and future out-reaches. One of the most effective ways that you can help the organization is to include American Atheists as a beneficiary in your will. We have always attempted to give special recognition to those Atheists who have aided us in an extraordinary way. We also realize that the work of this organization is continual and must span generations to accomplish our goals. In keeping with this, we are pleased to announce our new Memorial Recognition Program at the American Atheist Center. In appreciation of all bequests over $5, 000 that actually are received by American Atheists, we will display at the Center an individual and personalized memorial plaque. This plaque may include a photograph and statement from you, or a simple recognition of your support for American Atheists. The Memorial Recognition Program will include the display of individual plaques on a dedicated wall for viewing at the American Atheist Center, for the operational life of the Center. Throughout this Program, it is our goal to recognize the dedicated support of those members who have distinguished themselves in underwriting the work of American Atheists. For farther information on this Memorial Recognition program, write to Ms. Ellen Johnson at the American Atheist Center.

by Conrad F. Goeringer

On Friday, June 2, 2000, a jury in Austin, Texas convicted 52-year old Gary Paul Karr on four of five counts of involvement with others in extorting money from Madalyn O’Hair - the founder of American Atheists - her son Jon Garth Murray, and her daughter Robin Murray-O’Hair. The verdict followed a two-week long trial that included testimony from 68 witnesses and presentation of a substantial volume of evidence, including telephone records, correspondence, rental receipts and other documents.

The eight-man, four-woman jury had to grapple with all of this, as it deliberated five separate charges filed against Karr in connection with the abduction and robbery of the O’Hairs. They included conspiracy to kidnap the O’Hairs, conspiracy to commit robbery and extortion of the family’s and organization’s property, traveling interstate to commit violent acts resulting in the death of a person, conspiracy to profit financially from criminal acts, and transportation of stolen property across state lines.

The jury reached unanimous verdicts on four of the five charges but was deadlocked on the first - conspiracy to kidnap involving Karr’s alleged role in an original abduction plot.

With this trial over, we are hopefully closer to understanding the strange sequence of events that began in the fall of 1995 when the O’Hairs first disappeared. The Karr verdict may be the beginning of a process that puts to rest many unsubstantiated - and often mean-spirited - claims that were made, accusing the Murray-O’Hairs of many unsavory, illegal and unethical acts. This verdict may also lead to subsequent legal actions that may resolve the identity of others involved in this mystery.

Officers and Board Members of American Atheists testified as witnesses during the proceedings. Ellen Johnson, the President of American Atheists Inc., had worked closely for over a year with the lead investigators in this case, including agents from the Criminal Investigations Division of the Internal Revenue Service, the Federal Bureau of Investigation, and prosecutors from the U.S. Federal Attorneys Office based in Austin, Texas, giving them all the information she had concerning the disappearance. Ms. Johnson and others provided verbal testimony and documents pertinent to the case.

Those of you who have been members or newsletter subscribers as far back as 1995 and 1996 may recall that American Atheists decided to make the facts of the case known - as they were understood at the time - through the American Atheist Newsletter. Nearly five years later, with the Karr trial behind us, we are now in a better position to both understand and discuss the events concerning the disappearance of the Murray-O’Hair family. We think that the decision in the Karr case should put to rest the more outlandish claims made about the disappearance and the behavior of the O’Hairs. The trial record was thorough and exhaustive. The lead investigator, Ed Martin, worked full time for well over a year exclusively on this case. Authorities assembled an enormous volume of detailed evidence, including documents that filled over a dozen file boxes and a 27-foot-long time exhibit representing events in the case, including the transfer of gold and other monies from the O’Hairs to other principals involved.

A brief outline, from the beginning ...

In mid-August, 1995, Madalyn O’Hair, Jon Garth Murray and Robin Murray-O’Hair return to their home in Austin, Texas following a vacation that took them to the eastern United States. They had toured civil war battlefields, museums and other sites, and visited with members of American Atheists. Upon their return, they went back to work at the American Atheists headquarters. We know that they had ordered a new, state-of-the-art typesetting system for the production of books and other printed materials, and expected to take delivery shortly. Robin Murray-O’Hair worked on a new issue of the American Atheist magazine, dated August 1995. Ms. O’Hair was also maintaining an electronic bulletin board system (BBS) which allowed people with a computer and phone modem to dial in and leave messages and access files. She resumed publication of an E-mail newsletter that became known as AANEWS. During this period, there were regular “business as usual” telephone conversations involving the O’Hairs, and members and officers of the organization. There was also planning in anticipation of the October 1995 protest in New York City to coincide with the visit of Pope John Paul II to the United States.

On or about August 27, 1995, all three members of the family abruptly left Austin for San Antonio. Calls to their private residence or the American Atheist offices were not answered. Ellen Johnson finally reached the Murray-O’Hairs on their cell phone after Conrad Goeringer gave her the number, suggesting she call it. Madalyn O’Hair answered the phone. In a subsequent call, a male who later identified himself as “Mark Anderson,” answered Jon Murray’s cell phone.

Ellen Johnson and Conrad Goeringer talked with the Murray-O’Hairs. Ms. Johnson had a number of conversations, and Mr. Goeringer talked twice with Jon Murray and Robin Murray-O’Hair. During these conversations, when queried about what was happening, Mr. Murray insisted that all was well. “Everything’s all right, it’s too complicated to talk about right now, but we’ll give everyone on the Board (of Directors) a full report when we get back...”

The situation was unusual. The O’Hairs had just returned from vacation, and it was odd for all three of them to again leave their home and offices on this undisclosed business. An employee at the headquarters was contacted by Jon Murray, and ordered to enter the office and “start things up” in anticipation of the family’s return.

The Karr trial established that - unknown to us during this time - a series of other, more ominous events were taking place. On September 5, a man other than Jon Murray but identifying himself with the name sold Mr. Murray’s 1988 Mercedes automobile for a bargain price of $15, 000. Investigators later learned that around this time, the O’Hairs were taking cash advances on credit cards and withdrawing money from their personal accounts. During September 21-22, Jon Murray traveled to New Jersey in the company of an individual later identified as Gary Paul Karr, to arrange for the transfer of $600,000 from a bank account in New Zealand to a jeweler in San Antonio, Texas. A week later, Jon Murray walked into the Jewelry store and took delivery of approximately $500,000 in gold coins that he had ordered. All contact with the O’Hairs was lost after that.

Also during this period, we had been assured by Mr. Murray that “everything’s all right,” and that the family was engaged in some kind of important but unspecified business. They still had room reservations at a New York hotel during the pope picket. In phone conversations, Murray even discussed plans for the upcoming demonstration with Ellen Johnson.

The demonstration came and went, with still no appearance by the O’Hairs. Around this period, even calls to the cellular phone began to go unanswered. There were no letters or other communiques, and the only word we had was Jon Murray’s earlier assurance that all was well, and that the family was working on some kind of important business. After the pope picket, Ellen Johnson tried unsuccessfully to ascertain what that might be. She called anyone she knew who might have had contact with the O’Hairs, and later even called all phone numbers that appeared on telephone bills.

Numerous theories were proposed at this time. There was some discussion that one of the O’Hairs might be ill. There was nothing concrete to suggest foul play; however, there was no evidence in the offices that a violent crime had taken place. We were puzzled and torn between the unusual fact that the O’Hairs had left Austin with no word to any of us, and were in San Antonio apparently doing something, and Jon Murray’s continued statements that all was well and that the family was engaged in some kind of business, presumably related to the organization.

Ellen Johnson and Conrad Goeringer later told investigators of their final conversations with members of the O’Hair family and told of an unidentified man who answered Jon Murray’s cell phone and, later when Ellen Johnson asked, said that his name was “Mark Anderson.” In Mr. Goeringer’s final telephone conversation with members of the family, Robin Murray-O’Hair was extremely distraught, sounded on the verge of tears - as if something had gone wrong - and then said “I can’t talk about this anymore...” Whereon she handed the phone over to Jon Murray. Mr. Murray calmly informed Goeringer again that everything was “O.K.,” and that he did not understand “why Robin is acting this way ...”

Ellen Johnson reported a similar experience during her final conversation with the O’Hairs.

We had no idea what any of this meant. In retrospect, we can only surmise that any concerns we had were somewhat tempered by Mr. Murray’s statements.

Ellen Johnson later learned of the transfer of money from the New Zealand account when she received a bank statement for United Secularists of America. The existence of the account, and even its approximate amount was no secret. The account held a “Trust Fund” for which the O’Hairs had solicited contributions over the years; in addition, we had discussed its contents extensively during meetings of the Board of Directors and at the members’ business meeting held at the National Conventions. Mr. Murray had placed the money in New Zealand because of its favorable return - at the time, approximately a 10% annual yield - and its safety as a financial instrument in New Zealand government bonds.

The Trust Fund was even mentioned in a brochure titled Why Is an Atheist Organization Needed in the U.S. Today?, which had been authored by Jon Murray. The pamphlet was copyrighted in 1992, and a reissued printing was done in June 1993. The relevant section, point nine of the brochure, states as an accomplishment:

The establishment of an American Atheist trust Fund. Now Atheists can invest in a permanent future for their organization. This fund for the future was transferred to a separate corporation as part of a general, legal reorganization of affiliated Atheist corporations under the umbrella of the American Atheist General Headquarters in May 1997. . . The Trust Fund is designed to accumulate working capital from the rank and file supporters - without dependence on large single sustainers, thus affording the group a wider latitude of operational options.

From subsequent events, including the Karr trial, we were later to learn how central - and inadvertently unfortunate - a role the existence of this fund was to prove.

By now, the Board of Directors of American Atheists, working with counsel and as provided in the Articles and By-laws of Incorporation, had named Ellen Johnson president, and filled vacancies on the various Boards.

Word of the missing funds - approximately $600, 000 - was disclosed to the Internal Revenue Service in November 1996 on the annual IRS tax returns known as 990s.

This fueled a storm of speculation. The few facts available, namely the disappearance of the O’Hairs and the missing funds, led to claims and even news stories that the family had absconded with money solicited over the years from Atheist supporters. Some people who had a personal dislike of the O’Hairs or disagreements with them over organizational politics suggested the worst. Our official position was that the facts in the case were sparse, and we urged everyone - both supporters of the O’Hairs and critics - to avoid the temptation of making a rush to judgment.

All during this time, the Board, Officers and employees of American Atheists did what we could to resurrect the organization. Frank and Ann Zindler took over the considerable task of producing the American Atheist magazine and the American Atheist Newsletter. Ron Barrier worked closely with Ellen Johnson on getting a new television program, The Atheist Viewpoint, back on as many cable systems as possible. Books and pamphlets were printed. Ellen Johnson began the considerable task of organizing the annual National Conventions that had been discontinued after the 1993 gathering in Sacramento, as well as conferences and the Regional Atheist Meets. American Atheists soon launched two Web-sites, and Ed Gauci later stepped in as Webmaster. Others wrote articles, helped to publish an E-mail news service, fill orders for books and other products, and accomplish the many other tasks facing the organization.

In the following two years, the case of the missing O’Hairs took a series of bizarre twists. This included the name of a former employee, and several new individuals we were not familiar with.

• David Waters A former office manager for the organization, Waters had been the subject of the special “members only” section of the July 1995 American Atheist Newsletter - three months before the disappearance of the O’Hairs. It discussed the theft of bearer bonds and cash from the O’Hairs’ offices, and delved extensively into Waters’ background which included arrests for curfew violations, drunk and disorderly charges, burglary and murder. None of this was known to the O’Hairs when Waters was hired in February 1993, although his background had been checked before his hiring by Robin Murray-O’Hair. In addition to the missing funds and bonds, a computer containing the inventory of the Charles E. Stevens American Atheist Library and Archives was missing. The O’Hairs expressed their consternation at the seeming disinterest of authorities in Austin, Texas to prosecute Waters in connection with these charges.

At least two former employees of American Atheists - including one working there during Waters’ tenure - made a habit of inspecting private files, and copying or stealing their contents. One of these individuals could have inadvertently played a fateful role, when he shared with Waters a document pertaining to money in the New Zealand trust fund account. Neither person was aware that this account was the Trust Fund that had been publicized over the years in fund raising appeals and newsletters, nor discussed at Board Meetings and during the National Convention. The documents also reflected corporate funds in New Zealand dollars, at an exchange rate higher than U.S. dollars - leading some to think that we had more money than we actually did. The one employee became convinced that he has found evidence of “hidden” and possibly illegally sequestered funds, and he shared this misinformation with Waters.

Another employee had a falling out with the Murray-O’Hairs, and approached the Internal Revenue Service with unsubstantiated charged that “millions” of dollars had been raised and transferred by Madalyn O’Hair to secret bank accounts. It took years for those allegations to be resolved. By the time of the Karr trial, authorities found no evidence - despite a thorough government investigation - for these or related charges.

• Danny Fry Described as a smalltime con man, Fry had known David Waters, and the two men had worked together a few years earlier in Florida. In 1995, Fry came to Austin at the request of David Waters and stayed at Waters’ apartment (San Antonio Express-News, 1/31/99). Telephone records show that Fry made his last known phone call from Waters’ Austin residence on September 30, 1995; two days later, his corpse - missing head and hands - was found on the bank of the Trinity River near Dallas.

• Gary P. Karr is also identified as an associate of Waters. He was arrested in March 1999 after a search of his Novi, Michigan apartment uncovered illegal firearms. The warrant for searching Karr’s residence was executed the same day a similar raid was conducted on Waters’ apartment in Austin. News reports (Including the Express-News, 3/27/99) noted that both men “are suspected by federal authorities of having a role in the O’Hair disappearance as well as the slaying of a Florida man,” although neither had been charged in connection with either event. Karr’s extensive criminal history dated to the early 1960s, and included convictions for rape and armed robbery. He served 20 years in Illinois prisons prior to his release in 1995.

Karr later provided investigators with important corroborative evidence in the disappearance of the Murray-O’Hair family. A statement from one FBI agent said that Karr’s involvement included “concealing property (taken) from the victims after their death... acquiring equipment (cargo vans without back seats) to help the victims be moved,” and helping to conceal their remains.

This led to the search in April 1999 of portions of a 5,000-acre ranch near the small town of Camp Wood, about 120 miles west of San Antonio, Texas. Despite the use of trained dogs and special equipment, no bodies were found at that site.

The Investigation and Gary Karr Trial

As of press time for this newsletter, no one has been charged in the murder of the Murray-O’Hairs, and no bodies have been recovered. As strange as the disappearance of the O’Hairs turned out to be, though, the history of the government investigation into the circumstances is equally unusual. What began as an inquiry conducted by the Internal Revenue Service-CID into alleged money laundering by Jon Murray turned out to become a high-profile multiple murder investigation. (San Antonio Express-News, 6/2/00). Ed Martin, lead agent for the IRS told the Express-News, “Initially, I was looking at Jon Murray for money laundering and I ended up with four dead people...”

Authorities amassed a treasure trove of information for use in the Karr trial. This, combined with testimony from various witnesses, revealed new facts in the case and undermined many earlier claims that had appeared in some news media, or been advanced by previous associates of the Murray-O’Hair family.

• A legal and tax consultant for the O’Hairs refuted charges that the family had fled the country to avoid legal problems with the Internal Revenue Service, or a possible judgment in connection with civil trial dubbed the Truth Seeker case. Craig Etter told jurors that the O’Hair case with the IRS “was at the point where there would not be a reason for them to leave the country, or run away from the IRS.” He added that any such action “would be completely out of character. They did not run from their adversaries.”

Documents, including correspondence with the IRS, showed that a favorable settlement had been reached between the O’Hairs and the Agency.

The Truth Seeker case involved a challenge launched by Madalyn O’Hair and other stockholders in a publication known as Truth Seeker. They had requested an accounting concerning charges that the publication’s former editor had co-mingled corporate and private funds, and willed the Truth Seeker to a religious individual. The Truth Seeker Company in turn sued the O’Hairs, and dragged American Atheists and other Atheist entities into the fray. At the time of the disappearance, the O’Hairs had prevailed in the case in two separate trials involving a judge and a jury and were reasonably optimistic about a successful resolution in the case. Indeed, they were to prove right in that expectation; even in their absence, on January 13, 1997 the US Ninth Circuit Court of Appeals ruled in favor of the O’Hairs. In our April, 1997 issue of this newsletter, we informed readers that an appeal made by the Truth Seeker attorney for a full en banc hearing in front of the Circuit Court was denied. Later, the U.S. Supreme Court refused to hear the case as well, and the matter was declared legally dead and resolved.

• Were the O’Hairs ever planning to move to New Zealand? Answering this question requires, in part, examining the fate of the holdings in the Charles E. Stevens American Atheist Library and Archives (CESAALA).

The O’Hairs had indeed discussed the possibility of someday having to relocate the organization, including CESAALA, to New Zealand or possibly Australia. Madalyn O’Hair was particularly concerned about the political climate of America during the early 1980s in respect to civil liberties and political dissent. She and Jon Murray made no secret of this, occasionally musing about it. During the Karr trial, Conrad Goeringer testified that Robin O’Hair considered much of this talk “absurd,” and felt that nothing would come of it. She also expressed optimism about the resolution of the Truth Seeker case, and the settlement with the IRS.

There is considerable evidence which suggests that when the disappearance occurred, the O’Hairs were engaged in “business as usual,” and were operating with every intention of expanding their activities - not planning on fleeing for New Zealand. Robin Murray had successfully produced another issue of the American Atheist magazine, and intended to get the publication back on a regular production schedule. Thousands of copies of this issue were found, nearly fully printed and awaiting the bindery process. Before leaving on their annual vacation, the O’Hairs had ordered an Epic typesetting system at the cost of nearly $80,000. Other pieces of evidence - such as the fact that their passports that they had used for international travel over the years were left behind - suggested that they were not leaving the country.

Other facts known at the time did not support the claim that the family had absconded with money in order to flee to a foreign land. Why didn’t they sell their house (later auctioned off for about $225,000)? Why did they appear to leave so many personal possessions behind, including their beloved dogs? Most nagging of all, though - why didn’t they take the library that had been patiently acquired over the period of nearly a quarter-century?

Testimony revealed that in the years and months leading up to the disappearance, the O’Hairs had put the American Atheist building on Hancock Road up for sale in hopes of relocating outside of Austin. During the summer of 1995, they asked several close associates to begin a hunt for a suitable facility that met a number of requirements. The new building had to include professional, relatively new office space (in order to keep remodeling requirements to a minimum), be located near a bulk mailing facility to help with shipment of publications, preferably have a shipping dock for supplies, and be sufficiently commodious and designed to house the Charles E. Stevens American Atheist Library and Archives. The O’Hairs anticipated this possible move well in advance, and in the summer of 1993 they began the substantial task of boxing up the library holdings (later put into climate-controlled storage), files, records of the organization and other equipment. Jon Murray spoke of the fact that if and when the Hancock Road building sold, they would at least not have to worry about the sudden burden of hurriedly packing up an enormous library and other items.

The O’Hairs also spoke of their desire to relocate the organization’s offices to a more hospitable climate. They considered the Pacific Northwest, but seemed more disposed toward an area in the eastern United States where they would be closer to Washington, D.C. and New York. Ellen Johnson and Conrad Goeringer were among those who actively participated in this search for a new location; this included finding real estate brokers, doing a preliminary examination of possible sites, and lining up appointments for Jon Murray to inspect the potential locations.

All of this - and much more - suggests the “pro-active” mode the O’Hairs were in before the September 1995 disappearance. They had nearly resolved their situation vis-a-vis the IRS, had prevailed twice in the Truth Seeker matter and were confident of a successful resolution to that case, and appeared to be looking forward to eventually relocating from Austin to another state - possibly New Jersey, Pennsylvania, Ohio or the Washington, D.C. area. New projects were being started. New equipment was being ordered. Indeed, in the August 1993 issue of the American Atheist Newsletter - and we know that this was printed and mailed before their vacation, since it refers to the family “Taking a breather...” - there are discussions of several upcoming projects. Jon Murray wrote, “The new typesetting and printing equipment has been ordered and will be delivered in late August. We plan to have several books out before the end of the first quarter of 1996.”

It was also announced that Robin Murray-O’Hair had “signed half a dozen contracts for new Atheist books that will delight you - and every other Atheist in the U.S., whether in or out of the closet,” and added that she was “determined to renew publication of the American Atheist (magazine).”

So, for those of us who worked with the O’Hairs on a regular, even daily basis - whether in person or by phone - there was no sensible, evident explanation for why the family would go on vacation, return to Austin, resume work, then suddenly and without notice vanish, breaking nearly all contact. Even after weeks and months passed, there was still no clear indication that foul play was involved, or what precisely was taking place.

• The reality, though, was tragically much different. The Karr trial and investigation revealed a paper and money trail leading from the O’Hairs to Gary Karr, David Waters and others involved in the case. The gold coins ended up in a storage locker tied to David Waters. Witnesses also linked Karr and others to the O’Hair family. Perhaps the most compelling testimony in the trial came from two women, Charlene Karr - ex-wife of Gary Karr, and Patti Jo Steffens, a former girlfriend of David Waters.

“He wanted to kill me because of what I knew,” Charlene Karr told the jury on May 17. Prosecutors produced a tape of a telephone conversation where Gary Karr informed his ex-wife, “I highly believe... (Waters) did it. I didn’t see him do it. I don’t know if he did it...” (Dallas Morning News, 5/18/00).

The woman added that during the period Karr was in Texas, he wired her about $4,000 with instructions to send the money to his two daughters in California.

“He later returned from Texas with very expensive clothes and tried to give her three Rolex watches,” noted the paper, “which she refused to take,” she said. These watches, it was revealed during the trial, had belonged to the O’Hairs.

“‘Later on, he... (said the watches) were won in a card game and came off the bodies of the O’Hairs,’ she said.”

During her appearance on the stand, Patti Jo Steffens stated that she had been asked to rent a storage unit to hold the $500, 000 in gold coins that had been purchased by Jon Murray, and ended up in the control of David Waters. She also testified to knowledge of bearer bonds taken from the American Atheists offices, and Waters’ role in the theft of $54, 000 from the organization. The May 17, 2000 Austin American-Statesman noted:

‘When Waters was promoted to office manager, the family gave him their office keys, house keys and burglar alarm code. He repaid their trust by stealing documents, bearer bonds, books and the office computer,’ Steffens said.

When they couldn’t cash the bearer bonds, Steffens and Waters tore them up while sitting in their car at the Filling Station on Barton Springs Road. When they couldn’t get the computer to work, they dumped it in Town Lake...

‘When O’Hair blasted him (Waters) in her newsletter, Waters promised revenge,’ Steffens said.

‘He talked about how he would like to hurt her,’ she said. ‘He wanted to take some pliers and pull her toes off....’

Testimony from other witnesses seemed to add to the verbal record and the mountain of documented evidence. A cell-mate of Gary Karr’s testified, for instance, that Karr had claimed responsibility in the murder of Danny Fry.

Jason Cross, who had served time with Karr in Michigan in 1999, testified: He told me that they, David Waters and Danny Fry had kidnaped the O’Hairs from their home, killed the O’Hairs and extorted them for $500, 000.

He said they took the bodies from the apartment to the storage unit where they were to be cut up and put into barrels. (San Antonio Express News, 6/2/00)

• The defense strategy appeared mostly to be an effort to argue that the O’Hairs were, somehow, still alive and presumably living elsewhere off ill-gained funds. Of the four witnesses produced on behalf of Karr (who did not testify), one was a minister with the Southern Baptist Convention who declared he had spotted Madalyn O’Hair in a restaurant in Romania:

‘I believe the person I saw was Madalyn Murray O’Hair,’ declared Rev. William Gordon. He said he recognized her because of the notoriety of the case, and the fact that he was presumably an “expert” on Atheism. The San Antonio Express-News of May 24, 2000 noted that Gordon ‘said he returned (to the restaurant) the next night with his camera to document his find, but the woman was not at the restaurant.’ Under cross examination, Gordon told jurors, ‘I can’t say beyond a shadow of a doubt it was her.’

“Does it make sense that a 76-year-old woman, sickly and weak, is going to take refuge in Romania?” countered Federal Attorney Gerald Carruth. “We presented evidence that shows Mr. Karr winds up with three Rolex watches that belonged to the O’Hairs. Don’t they tell time in Romania?”

“The defense can’t have it both ways,” added Carruth. “They want to say the O’Hairs fled the country, but if they didn’t, that Mr. Karr had nothing to do with their demise ... If you folks follow the money, you can figure out what happened, and the O’Hairs didn’t get any money to flee the country.”

Denouement

The jury got the case Tuesday, May 30 after closing arguments. Jurors were not sequestered. Three days later, on Friday afternoon, Gary Karr was found guilty of extortion, money laundering and other charges relating to the disappearance of the Murray-O’Hairs. He was acquitted on perhaps the most difficult charge to prove, that he had conspired with others to kidnap the family.

Due to his criminal record of violent crimes, the conviction carries a mandatory life term. Gary Karr will be sentenced on August 4, 2000 by Judge Sam Sparks, who presided over the trial.

Closure - A First Step?

For those who knew the O’Hairs and worked closely with them over the years, the Karr verdict is, hopefully, the beginning of some kind of closure in this puzzling and tragic case. As of this writing, no one has been charged - let alone convicted - of the murder of the Murray-O’Hair family. Government investigators believe, though, that the family was killed, dismembered, and their bodies placed in plastic drums and later buried. One source close to the probe informed us that the bodies may have been relocated from the ranch where federal authorities had unsuccessfully searched last year.

The “why” of this case is perhaps best summed up by Gerald Carruth, who in his final statement to the jury declared, “Karr did it for the money, he was greedy; and Mr. Waters did it for revenge.”

The jury did not believe the defense argument, which suggested that Karr and Fry had been hired by David Waters - incredibly -to serve as body guards while the O’Hairs prepared to leave the country, presumably fleeing the IRS. Karr admitted to investigators that in conversation, Waters had even told him about the fate of the family. Karr revealed to investigators:

‘In October 1995, over the telephone, David (Waters) told me that the O’Hairs were no longer alive. He told me that he killed them.’ (San Antonio Express-News, 6/2/00).

As for Danny Fry, he was presumably executed to prevent him from discussing the O’Hair abduction.

The sheer volume of evidence gathered by investigators, as well as testimony and other revelations from the Karr trial, appear to be a compelling refutation of many ill-tempered and reckless charges that emerged in the early days of the O’Hair disappearance. The family did not “take the money and run,” as some have suggested, nor is there any reason to believe the Elvis-style accounts that place Madalyn O’Hair or other family members in any number of countries. Personal animus against the O’Hairs from people who disliked them for any number of reasons seems to have created a rush to judgment in pronouncing the family guilty of serious crimes, including flight and embezzlement. The fact that the O’Hairs may have offended certain people, or struck some as having a brusque style, was never reasonable grounds for uncritically accepting more serious accusations, and pronouncing the family as perpetrators - rather than waiting for more information to emerge in the case, as we had urged from the beginning and were stridently criticized for.

The Future...

In a statement released to news media in the hours following the Karr verdict, American Atheists President Ellen Johnson expressed the hope that the conviction would eventually lead to a more concrete resolution in the case of the missing O’Hair family. We can only speculate whether the prosecution will continue its efforts and investigation. So far, no one has been charged in connection with any murders.

Immediately after the disappearance of the Murray-O’Hair family, American Atheists announced that any pertinent news or relevant comments on the case would be carried first in the American Atheist Newsletter. We will continue that policy. For many of us, the O’Hair tragedy has been a learning experience of dramatic proportions. We can appreciate, in trying to step into their shoes and keep American Atheists moving forward as a cause organization, the sheer magnitude of the work they did for so many years - decades, really. It has been a challenge for all of us.

We have also learned an object lesson in human behavior as well. We experienced first hand the media dynamics of a high-profile “celebrity” case, one that has been covered in virtually every major newspaper, in magazines, and on television. We are now more sensitive than ever to the very human penchant to jump to conclusions, make accusations without proper foundation, to believe uncritically in whatever appears in print. On top of this, we know better than ever how many of us - including Atheists, freethinkers and others who explicitly espouse an agenda based on reason and critical thinking - can “rush to judgment” based on personal biases and prejudices. We all need, perhaps, to admit that there are times when we don’t have all of the facts, when judgment needs to be suspended as we search honestly for answers.

What about the victims in this tragic and unfortunate affair? Like all of us, the Murray-O’Hairs had hopes, dreams and aspirations. They were not just the two-dimensional subjects of headlines and media speculation which people are often reduced to when notoriety - especially of this kind - strikes. Madalyn O’Hair was quite emphatic when discussing her death, and said that it was important to build an institution, an organization, which would thrive long after the demise of its founder. She remarked that the “work” as she called it must go on, that mourning did little to affect positively the real world around us. We should honor that thought.

Finally, we hope that even if there are not subsequent indictments, even if all of the questions in the O’Hair disappearance are not resolved, we can at least begin moving toward a more thoughtful, considered and reasonable look, at the strengths and shortcomings of three very remarkable people. Many of us miss them deeply; and of Madalyn O’Hair, friends and critics must ultimately admit that during her lifetime, she managed to leave behind a legacy that few can or will ever match.

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