He and Curt Whitmore, lived in a part of the old barn on the property in Maine. I remained a safe distance. Richmond and I share one of the most unusual and out of the ordinary phenomenal medical oddities in the world. We are so identical even our parents can’t tell us apart. The odds of having identical twins with this characteristic is 5 in a million.
Shortly after birth, my mother struggled to devise some method of telling us apart. The family physician suggested she place a small tattoo in a not easily seen part of our bodies. After much thought she decided to mark only one of us. My father would have nothing to do with her idea of a tattoo - then again, it was innovative and she decided Richmond would be the one to bear the mark of identification.
“My mom was blessed with foresight and wanted to sort us out while at the same time protecting us as we matured. The decision was made to place two small micro-dots in a place where no one - not even Richmond would know he was a “marked man.” Richmond is forever identified by two dark brown dots just behind his left ear no larger than the diameter of pencil lead. The color (dark brown) was chosen to make the distinguishing mark appear to be a birth mark.”
I always wondered why mom was constantly checking behind our ears. In an attempt to also make me feel as though I had not washed behind my ears - she included me in her inspection, thus knowing she already identified Richmond. It was in private time that mother shared the only method she could successfully use was to have one of us tattooed.
I entered Gordon College in Wenham, Massachusetts outside Boston majoring in theology. I wanted to follow in my dad’s footsteps but felt the calling to serve The Lord. I was always an assistant teacher of some type in the churches I worked for. A youth pastor for several seasons, a bible study coordinator, then the money ran out and I was forced to abandon my dream of secular life and to leave college.
With the salary hovering at the poverty level (as determined by the U.S. Department of Commerce) I couldn’t take a position in secular life. Most churches pay a meager amount around $17,000 per year - not enough to actually live on. At last, I found work painting houses and cleaning out garages and basements. People think being from Maine is this wonderful lifestyle where the ocean abounds and with its coves and bays is an ideal place to open a business. They only see it from the position of a tourist. If you travel inland 2 miles, you’ll find a world of hard working underpaid lumberjacks who barely earn a living those who harvest potatoes. In winter it’s worse! The bulk of Christmas trees in the northeast come from tree farming in Maine - and no one makes above minimum wage. The hours are long with straight pay. There is no overtime. The unemployment rate in Maine is at an all time high. I worked with my dad for several years.
Contrary to what others may think about the delicious crustacean, there has been a glut for the past three years and after a full day of emptying pots - even if one has a full boat, the market is barely $1.75 per pound - and in places like Florida Maine lobster is retailing for $20.00 a pound. The middleman makes all the money!
Curt Whitmore’s brother Tavis tagged along. I was suspicious the three were up to “no good”, but I didn’t want to get involved. I was wrestling with my own demons - unemployment, loss of a relationship and pressure from my father to come into the family lobster business.
I received a mysterious call from Richmond. He said we needed to talk in person immediately. This is when he informed me of the jackpot.
Prior to entering the Marines he and I were quite close, and we told each other everything. He confided in me that since his release from the military he and Curt Whitmore were agitated by the high salaries and retirement packages CEO’s were being paid. He and Philip were bunking together in our back barn, and devised a plan to destroy as many of these CEO’s as they could.
The trio lingered in Ogunquit trying to make some easy money on the slots. Richmond was up $2500.00 on the Black Jack but table got greedy and went for broke. He placed all of his winnings on the table - and lost. While Curt and his brother were off in another hotel on the strip, Richmond dropped his last dollar into a slot machine and won a record $17,765,500 (million dollars).
After the huge win Richmond’s wish was to disappear without a trace. His plan was to leave for Argentina and offered to hand over to me the bulk of his winnings. He gave the IRS my social security number and because we are unique our DNA is the same but most compelling is that we are identical twins with special qualities with only one set of three known throughout world. It was easy to make a switch in identity.
The point at which he made the identity switch was just after walking into the car dealership.
“Ryan! I swear, I did not kill those men! Richmond told me he got up early, around 3:00 AM decided to leave town, said that as much as he wanted to whack the two brothers - he decided against it. When Weencer the motel clerk told him Tavis mentioned the $100,000 pay off for each of the brothers and that it was hidden in the room safe, Richmond thought about killing the two and be free of them for ever.
After he left the motel he began his drive out of town but changed his mind and after visiting Gambler his plan was to return to the motel and kill the two in an effort to prevent them from revealing their past. When he and Gambler arrived back at the motel is when they noticed the crime scene tape and observed the two bodies being taken from the room and placed into the medical examiners van.
This is when he and Gambler followed the medical examiners van and a plan to steal the bodies - transporting them in the trunk of Gambler’s car back to the marina and waited until dark to dispose of the remains in Marginal Lake.
“Ryan! DNA with identical twins is completely impossible to differentiate from one twin to another. We have the same DNA and even our fingerprints are so identical they can’t be used.”
“Richard, if what you are telling me is the truth then we have to hire one of the most outstanding DNA specialists in the country. Ryan maintained.
Richmond called to mind the fact Weencer was a heavy gambler when he had the money and when he didn’t have the cash to support his addiction it was likely he was in debt to the mob.
“You and Gambler are being charged with the disappearance of the brothers and I would not put it past the cops to fabricate a story and put pressure on Gambler to cut a deal. Unfortunately for you Richard in all likelihood this will turn into a murder rap. Your testimony is key to keeping you out of prison or worse!” Ryan explained.
“The last thing Richmond did was place $300,000 in the room safe after returning from the bank. $100,000 for each of the brothers and $100,000 for himself. To complicate matters, Richmond continued to use Richard’s identity via his driver’s license and social security number. In effect, Richmond made the decision wherever he traveled he would always use the identity of Richard.
Hauling $100,000 around was bulky, but he had unrestricted access to the money by using Richard’s identity to create a second account from which he could legally withdraw money. As far as Richmond was concerned he did not did not exist and the burden of proof would always be on Richard.
With one account at the First National Bank of Ogunquit and an additional account at a bank in Pacific Grove, Richmond was able to spend money in Richard’s name. Richard was receiving statements from two banks - but no one made a connection. They were one in the same! Anyone can have as many accounts as they want, and this appeared to be a fail-safe way for Richmond to gain access to several million dollars.
* * *
“We’ve got to beat this murder rap!” Ryan said.
“This is why I’ve been providing so much of my money to those in need. My plan is to spend down all of my wealth and not lose any of it as a convicted felon by way of mistaken identity. Ryan I need a high priced lawyer! Someone like in the O.J. trial. I’m innocent and I’ve got to prove it.” Richard urged.
“Richard, you know I believe you, and you’re right, you need the best defense la
wyer there is. Thanks to your integrity you have a lot of people who believe you. There are also going to be those who think you are a cold blooded killer as well. Now all we have to do is convince a law firm to handle your case. There is very little evidence to go on. As of now, no one is aware you are involved in these horrific crimes. I have a lawyer friend who is one of the best defense attorneys in the state of California.
With the news just hours away, Ryan Wagner was taking into account the theory that with the arrest and apprehension of Richard Rand media would have a circus. If the Pacific Grove police department could manage the physical custody of Rand, or if he were released on personal recognizance, it would be difficult for any other law enforcement agency to demand jurisdiction.
Extradition to Maine where they do not have the death penalty and where California does, would be a critical key factor in the outcome of the trial, but because the accused exercised his option to have the trial heard in California - none of that was an issue. In all liklihood, this would be a trial ultimately decided by the jury in California.
In an effort to have liquidity and access to his money, To avoid any conflict of interest Ryan made a decision to resign from the Pacific Grove Police Department allowing him the ability to conduct the financial affairs of Richard Rand. The judge may allow bail due to the fact were no bodies were discovered. Ogunquit police never found evidence on Gambler’s boat.
* * *
The trip at the mountain cabin was about to come to an end. It should have finished in better fashion. There was no doubt Richard would even consider anything irresponsible. Richard Rand was exhausted of excuses for his brother. He was about to discover being an identical twin was twisted with problems.
The truck was packed and the they began their drive back to town. Richard would make certain the house was locked and a set of keys given to Ryan. He was concerned about his two horses but comforted that Ryan would take care of them and the farm. At this point Ryan was unaware Richard paid off his mortgage and placed nearly $2,500,000 (million dollars) into an account for he and Megan.
The sheriff’s department in Pacific Grove was the most logical place for Richard to be taken. There was not a large percentage of criminal activity in the small town. There was an occasional housebreak or vandalism, but for the most part the town was reasonably secure. The police station was equipped with two cells and 24 hour supervision. Richard would be provided the best care until he was handled through the legal system. With the assumption Richard would be charged with the disappearance and the fact there were no bodies, no one was certain just how long a trial would continue.
As the pickup truck approached Pacific Grove, Ryan drove to what become known as the Rand Ranch headed for the modest farmhouse. They walked the edge of the barn and Richard drew a long deep breath with the optimism it would not be his last as a free man - for a period. The autumn leaves were beginning to turn to a golden hue, common to northern California in mid-October. The crunch of the leaves was reminiscent of the colorful brilliant fall of the year back in Maine. The horses impulsively came to the fence in the paddock and whinnied for attention. Richmond reached into a bucket next to the fence and pulled out two apples - a treat usually provided when he was away for most of the day. This time, the reality of the anticipated separation became evident as Richard reached out to embrace both horses.
Next, it was into the house where he packed a bag with his personal hygiene items: Hair brush, tooth paste, deodorant, prescription medication. He walked into his closet and grabbed several pairs of clean underwear, socks, shirts, slacks, and a suit with dress shirt and tie. He would like to make the best impression possible when paraded before the camera crews on the local and national news channels. He was prepared! His last act before walking out of the house was to call his attorney who was unacquainted with the charges, but was asked to retain the law firm of Butterfield, Lowenthal and Martone. His attorney was not capable of criminal law but an expert in real estate.
* * *
Daniel Butterfield was the top defense attorney in California responsible for overturning 5 death row cases. He was world renown for his achievement in DNA evidence and in 5 death row cases was victorious for exonerating 4 of the 5. The accused in case number 5 died in prison before Butterfield could challenge, and in a post investigation, produced evidence clearing the man and the state of California paid his widow and children $20,000,000 (million dollars) in a wrongful arrest and detainment case!
Lowenthal was clever in cross examination and in most cases where the prosecution gave a convincing impression to the jury, Lowenthal shredded the opposition and turned the case into a victory for the defense. Bonni Martone an attorney for more than 30 years was an accomplished jury selection specialist, and possessed an incredible line of approach.
She could read a person like a book and developed a no stone unturned method when selecting jurors. She wasted little time in demanding the judge disqualify a questionable juror. There was a skill to her process of jury selection and there was no room for error. Her approach to personality, sympathy, risk takers, sensitive or insensitive, recluse, pessimist, cynic, homeowner vs renter, management vs employee, union affiliation, professional or non professional and married vs single.
All of these sorting criteria were without question necessary in order to select a jury that would have a positive effect on their client and eventually the outcome of the case. Billable hours was not an issue with the Butterfield, Lowenthal and Martone. They were high priced players and when the three of them accepted a case, it was not by the hour - but by litigation. It was not unusual for the firm’s fee in a murder trial to be in excess of $10,000,000 (million dollars). They were in the business to win cases worthy of their mega million dollar fees. Among their clients were high profile persons in entertainment.
* * *
In the police station parking lot Ryan and Richard were greeted by Sheriff Crocket Hastings. A year from retirement he witnessed so much in his 32 years of service with the sheriff’s department beginning his career as a young rookie in 1978. He served in the Marine corps and showed a fondness for Richard.
The sheriff was aware of what he to do, and also aware Richard Rand grasped the issue at hand. Arrest and charged in the crimes of the disappearance of the Whitmore Brothers.
The sheriff informed Richard of the charges, dispensed with the frisking on the endorsement of his deputy. With no threat to Sheriff Hastings, Richard was placed in a cell where everyone awaited the arrival of Attorney Daniel Butterfield.
* * *
Daniel Butterfield is undeniably an extraordinarily successful attorney. His arrival was unassuming as he stepped from an ordinary pick-up truck. He was a distinguished man of 55 plus years, wore a cowboy hat, western cut sport coat and hand tooled leather boots. His white hair, white mustache gave the impression he could influence any jury. Soft spoken, his handshake indicative of victory and his steel blue eyes pierced like a laser.
He was introduced to Richard Rand and demanded he look him in the eyes. Butterfield possessed a well developed insight when his client or future client was telling the truth. He sensed Richard was truthful. Within five minutes of the introduction he advised Sheriff Hastings Richmond Rand was now his client and he, Butterfield would request bail or ask the judge to release his client on personal recognizance in the morning. He did expect nevertheless to be provided with a check in the amount of $13,000,000 (million dollars) prior to arraignment.
Deputy Wagner would remain at the station to guard his friend. Once news organizations were aware of the allegations with which the wealthy benefactor was to be charged, they would make a spectacle of it. The general public loves a thrilling trial.
By 2:00 A.M. the news media was buzzing with details of Richard Rand. Radio communication monitored by anyone with a police scanner traveled like wildfire stunning the community to learn about the kind, charitable person taken into
custody was their neighbor. They were further astounded to learn there was some rumor about an alias. Television, cable, satellite and major media outlets from around the country were represented in the parking lot of the Pacific Grove Sheriff’s Department. If Richard Rand was an unknown to the citizens of California or the rest of the country, all that changed with the scandalous news about to be made public.
* * *
Daniel Butterfield was a master at a stratagem of a jury. His greatest pleasure was in the hunt. The law firm of Butterfield, Lowenthal and Martone earned the reputation of a Pit Bull. They assembled an impressive company of legal experts. With a staff of 100 attorneys 35 paralegals, and several dozen medical and forensic experts, they were the finest law firm in the state and possibly the country. One in which the partners welcomed the ill equipped state’s attorneys, unprepared prosecutors and the reality that most states don’t have the proceeds to mount a case, time and again overwhelmed by the lack of resources.
The DA immediately made an unsuccessful attempt to have the accused removed from the jail in Pacific Grove and relocated to a prison 50 miles away. Butterfield would not allow the transfer and accused the state of indiscriminate, unsystematic politics. A phone call to Judge Stone at 2:30 AM resulted in a decision concluding that the balance of justice in the case of Richard Rand would be a change for the better if he were to remain in Pacific Grove. The local jail was equipped to deal with the accused and that was Butterfield’s reasoning. The judge issued an order to keep Rand in Pacific Grove.