Sunday, December 27, 2020

The Greenbrier Ghost

 




The Greenbrier Ghost is the name popularly given to the alleged ghost of a young woman in Greenbrier County, West Virginia, United States, who was murdered in 1897. Initially judged a death by natural causes, the court later declared that the woman had been murdered by her husband, following testimony by the victim's mother, in which the latter claimed that her daughter's spirit


Background


Elva Zona Heaster, the murder victim, was born in Greenbrier County sometime around 1873. Almost nothing is known of her early life, other than that she was brought up near Richlands and that she gave birth to a child out of wedlock in 1895. In October 1896, Zona met a drifter named Erasmus Stribbling Trout Shue; he had moved to Greenbrier County in search of a new life, and to work as a blacksmith. Shue found work in the shop of one James Crookshanks; Zona met him not long after his arrival in town. The two fell in love and soon married, despite objection to the match by Zona's mother, Mary Jane Heaster, who had taken an instant dislike to Shue.


Murder


The couple lived peacefully for a short time, but on January 23, 1897, Zona's body was discovered at her home by a young boy who had been dispatched to the house by Shue on an errand. The boy found Zona lying at the foot of the stairs, stretched out with her feet together and one hand on her stomach. The boy ran to tell his mother, who summoned the local doctor and coroner, George W. Knapp. Knapp did not arrive for close to an hour.


By the time the doctor arrived, Shue had carried his wife's body upstairs to the bedroom, and laid her out on the bed. He dressed the corpse himself; this was unusual, as traditionally the job of washing and preparing the body for burial would be undertaken by the women of the community. Nevertheless, Shue dressed her in a high-necked dress with a stiff collar, and placed a veil over her face. Shue remained by the corpse while Dr. Knapp examined it, cradling his wife's head and sobbing. Knapp, noting the husband's grief, gave the body only a brief examination, noting some bruising on the neck. When he tried to look closer, Shue reacted so violently that Knapp ended the examination and left the house.


House where the murder took place


Initially, Zona's cause of death was listed as "everlasting faint"; later, this was changed to "childbirth". Knapp had been treating her for "female trouble" for two weeks before her death, but whether she was pregnant or not is unknown.


Zona's parents were soon informed of her death. Mary Jane Heaster is reported to have said that "the devil has killed her" upon hearing the news.


Burial


Zona was buried on January 24, 1897 in the local cemetery now known as the Soule Chapel Methodist Cemetery. Shue showed great devotion toward the body, keeping a vigil at the head of the open coffin during the move. The body was 'laid out' in the Heaster's house. Soon his behavior began to arouse suspicion. During the wake, his grief changed repeatedly from overwhelming sadness to incredible energy. He allowed no one to come close to the coffin, especially while he was placing a pillow on one side of her head and a rolled-up sheet on the other.


He explained these additions by saying that they would help his wife 'rest easier'. Shue also tied a large scarf at the corpse's neck, explaining tearfully that it 'had been Zona's favorite'. When it came time to move the corpse to the cemetery though, several people noticed that there seemed to be a strange looseness to Zona's head.


For her part, Mary Jane Heaster was convinced that her son-in-law had murdered his wife. After the wake, she removed the sheet from inside the coffin and tried to return it to him, but he refused it. She noticed an odd odor about it, so she washed it; the water in the basin turned red when she dropped the sheet in. The sheet then turned pink and the water cleared. The stain could not be removed, which Mrs. Heaster interpreted as a sign that Zona had been murdered. She began to pray, and every night for four weeks kept up her prayers, hoping that Zona would return to her to explain what had happened.


Haunting


According to local legend, Zona appeared to her mother in a dream four weeks after the funeral. She said that Shue was a cruel man who abused her, and who had attacked her in a fit of rage when he believed that she had cooked no meat for dinner. He broke her neck; to prove this, the ghost turned her head around until it was facing backwards.


Supposedly, the ghost appeared first as bright light, gradually taking form and filling the room with a chill. She is said to have visited Mrs. Heaster over the course of four nights.


Exhumation and autopsy


Armed with the story allegedly told to her by the ghost, Mary Jane Heaster visited the local prosecutor, John Alfred Preston, and spent several hours in his office convincing him to reopen the matter of her daughter's death. Whether he believed her story of the ghost is unknown, but he did have enough doubt to dispatch deputies to re-interview several people of interest in the case, including Dr. Knapp. He was likely responding to public sentiment, as numerous locals had begun suggesting that Zona had been murdered.


Preston himself went to speak to Dr. Knapp, who stated that he had not made a complete examination of the body. This was viewed as sufficient justification for an autopsy, and an exhumation was ordered and an inquest jury formed.


Zona's body was examined on February 22, 1897 in the local one-room schoolhouse. Shue had "vigorously complained" about this turn of events, but was required by law to be present at the autopsy. He responded that he knew he would be arrested, but that no one would be able to prove his guilt.


The autopsy lasted three days, and found that Zona's neck had indeed been broken. According to the report, published on March 9, 1897, "the discovery was made that the neck was broken and the windpipe mashed. On the throat were the marks of fingers indicating that she had been choked. The neck was dislocated between the first and second vertebrae. The ligaments were torn and ruptured. The windpipe had been crushed at a point in front of the neck." On the strength of this evidence, and his behavior at the inquest, Shue was arrested and charged with the murder of his wife.


Trial


Shue was held in the jail in Lewisburg while waiting for the trial to begin. During this time, more information about his past was coming to light. He had been married twice before: his first marriage had ended in divorce, with his wife accusing him of great cruelty; his second wife had died under mysterious circumstances less than a year after they were married. Zona was his third wife, and Shue began to talk of wishing to wed seven women; he freely spoke of this ambition while in jail, and told reporters that he was sure he would be let free because there was so little evidence against him.


The trial began on June 22, 1897, and Mary Jane Heaster was Preston's star witness. He confined his questioning to the known facts of the case, skirting the issue of her ghostly sightings. Perhaps hoping to prove her unreliable, Shue's lawyer questioned Mrs. Heaster extensively about her daughter's visits on cross-examination. The tactic backfired when Mrs. Heaster would not waver in her account despite intense badgering. As the defense had introduced the issue, the judge found it difficult to instruct the jury to disregard the story of the ghost, and many people in the community seemed to believe it.


Consequently, Shue was found guilty of murder on July 11 and sentenced to life in prison. However, according to reports accessed, the Greenbrier ghost was never mentioned by the prosecution and played no part in the case against Shue.


A lynch mob was formed to take him from the jail and hang him, but the mob was disbanded by the deputy sheriff before any damage was done. Four of the mob's organizers later faced charges for their actions.


Aftermath


Shue was moved to the West Virginia State Penitentiary in Moundsville, where he lived for three more years. He died on March 13, 1900, the victim of an unknown epidemic, and was buried in an unmarked grave in the local cemetery. Mrs. Heaster never recanted her story of her daughter's ghost, and died in September 1916. As for Zona, her ghost was never seen in the area again.


State historical marker


The state of West Virginia has erected a state historical marker near the cemetery in which Zona Shue is buried. It reads:


Interred in nearby cemetery is Zona Heaster Shue. Her death in 1897 was presumed natural until her spirit appeared to her mother to describe how she was killed by her husband Edward. Autopsy on the exhumed body verified the apparition's account. Edward, found guilty of murder, was sentenced to the state prison. Only known case in which testimony from a ghost helped convict a murderer.


In popular culture


Katie Letcher Lyle, a writer and an amateur historian, in her book The Man Who Wanted Seven Wives: The Greenbrier Ghost and the Famous Murder Mystery of 1897, gave a dramatized account of the Greenbrier Ghost. Lyle explained her conclusion in a 1999 issue of Wonderful West Virginia Magazine in which she said that Mary had probably made up the story of the ghost in order to make a compelling argument to open up her daughter's case. She said, "Mary knew [Shue] to be clever, unprincipled, and persuasive. If he'd murdered once, he could murder again. Perhaps she feared that if no one validated her accusations, Shue would prove extremely dangerous. So pretending to receive the news directly from Zona, she could appeal to the superstitions of her mountaineer neighbors and get a lot of public attention. As it turned out, she didn't need the ghost story, for Shue was convicted, according to every account, strictly on earthly considerations, without any unearthly ghosts."


The story of the Greenbrier Ghost is the subject of three stage adaptations. Jan Buttram's play Zona was produced in 1998 by Greenbrier Valley Theatre, the Year-Round State Professional Theatre of West Virginia. The Greenbrier Ghost, a full-length musical adaptation, was written by Cathey Sawyer (book and lyrics) and Joe Buttram (music). The show premiered in 2003 at Greenbrier Valley Theatre, with subsequent productions in 2004, 2009 and 2013. Another full-length musical adaptation of this story is "Greenbrier, 1897," written and performed by Lovewell Institute for the Creative Arts. The musical debuted on June 28, 2018, and had performances on June 28-June 30 of 2018. A full video of the production can be found on Youtube.


The Unquiet Grave by Sharyn McCrumb was published on September 12, 2017 by Atria Books (an imprint of Simon & Schuster) and is "based on the true story of one of the strangest murder trials in American history—the case of the Greenbrier Ghost."


The Comedy Central show Drunk History profiled the Greenbrier Ghost and subsequent trial in the episode "Believe It Or Not" (season 6 episode 9).

Murder of Charles Walton

 



Charles Walton (12 May 1870 – 14 February 1945) was an English man who was found murdered on the evening of 14 February 1945 (St. Valentine's Day), at The Firs farm on the slopes of Meon Hill, Lower Quinton in Warwickshire, England. The case is notable as the foremost police detective of the era, Chief Inspector Robert Fabian, led the investigation into Walton's death. The chief suspect for the murder was the manager of The Firs, Alfred John Potter, for whom Walton was working on the day he died. However, there was insufficient evidence to convict Potter and the case is currently the oldest unsolved murder in the Warwickshire Constabulary records. The case has earned some notoriety in popular culture due to its supposed connection with the local belief in witchcraft.


Background


Charles Walton was born 12 May 1870 to Charles and Emma Walton. An agricultural worker, he had lived in Lower Quinton all his life. He was a widower who shared a small cottage, 15 Lower Quinton, with his 33-year-old niece, Edith Isabel Walton, whom he had adopted thirty years previously upon the death of her mother. Walton was described as something of a loner who had earned a reputation as a trainer of horses in his youth. It is said that he did not socialize with his neighbors but that he was not disliked.


Walton walked with a stick because of his rheumatic joints. However, he sought casual farm work wherever he could find it and, for the previous nine months, had been working for a local farmer, Alfred Potter, whose farm was known as The Firs.


Edith Walton had lived with Charles Walton since she was three years old, although her father was still alive and lived at 30 Henley Street, Stratford. Walton had occupied his cottage since World War I and his wife had died on 9 December 1927. Walton had given Edith £1 per week housekeeping, but also paid the 3s. per week rent on the cottage, as well as buying their coal and meat. In addition to his casual earnings, Walton received 10s. a week old age pension.


Day of the murder


On 14 February 1945 Walton left home with a pitchfork and a slash hook – a double-edged pruning implement with a sharpened straight edge on one side and concave cutting edge on the other. Edith stated that Walton had left his purse at home on 14 February. He was witnessed to have passed through the churchyard between 9 am and 9.30 am. On this particular day, he was slashing hedges in a field known as Hillground on the slopes of Meon Hill.


That day Edith Walton was working as a Printer's Assembler at the Royal Society of Arts which had relocated to Lower Quinton for the duration of the War. Walton was expected to be home by 4 pm. Edith returned home around 6 pm and found that Walton was not there. His solitary nature and regular habits gave her no solace that he might be in the local pub or visiting a friend.


Edith went to see her neighbour, an agricultural worker by the name of Harry Beasley who lived at 16 Lower Quinton. Together they made their way to The Firs to alert Alfred Potter. Potter claimed to have last seen Charles earlier in the day, slashing hedges in Hillground. The three of them set out in the direction of the spot where Charles had last been seen and eventually found his body near a hedgerow.


The murderer had beaten Walton over the head with his own stick, had cut his neck open with the slash hook, and driven the prongs of the pitchfork into either side of his neck, pinning him to the ground. The handle of the pitchfork had then been wedged under a cross member of the hedge and the slash hook had been buried in his neck.


Edith was overcome with grief and began to scream loudly: Beasley tried to pacify her and to make sure that she did not venture too close to the scene. At that moment Harry Peachey was walking along the other side of the hedge. Potter called to him, directed his attention to the body and told Peachey to go and alert the police.


Potter stood guard over the murder scene until the police arrived, while Beasley took Edith back down the hill. The first policeman on the scene was PC Michael James Lomasney who arrived at 7.05 pm. Members of Stratford-upon-Avon CID arrived later in the evening, while Professor James M. Webster, of the West Midlands Forensic Laboratory, arrived at 11.30 pm. The body was removed at 1.30 am.

Initial investigation


At 11 pm on 14 February, Detective Inspector Tombs took a statement from Alfred Potter. Potter stated that he had been at the farm for about five years and had known Walton for all that time. He had employed Walton casually for the last nine months and that Walton had worked when the weather permitted. Walton had been engaged on hedging for the previous few months and Hillground was the last field needing attention.


Potter stated that he had been in the College Arms with Joseph Stanley, a farmer of White Cross Farm, until noon that day. He had gone straight across to a small field adjoining Hillground and saw Walton working about 500–600 yards away. He said he noticed that Walton had about 6–10 yards of hedge left to cut and that, when he found his body later that day, about four additional yards of hedge had been cut, which would be about half-an-hour's work.


Potter stated that he knew that it was Walton's habit to stop for lunch at around 11 am and that he would then work continuously until about 4 pm. He described Walton as an "inoffensive type of man but one who would speak his mind if necessary".


The decision to request assistance from the Metropolitan Police (colloquially, "Scotland Yard") was made at an early stage. The Deputy Chief Constable of Warwickshire sent a message on 15 February which stated:


The Chief Constable has asked me to get the assistance of Scotland Yard to assist in a brutal case of murder that took place yesterday. The deceased is a man named CHARLES WALTON, age 75, and he was killed with an instrument known as a slash hook. The murder was either committed by a madman or one of the Italian prisoners who are in a camp nearby. The assistance of an Italian interpreter would be necessary, I think. Dr Webster states deceased was killed between 1 and 2 pm yesterday. A metal watch is missing from the body. It is being circulated.


The details of the watch that were passed to pawnbrokers and jewelers described it as:


Gents plain white metal pocket watch, snap case at back, white enamel face, with "Edgar Jones, Stratford on Avon" thereon. Second hand. English numerals. Valued at 25/- about ten years ago.


On 16 February Chief Inspector Robert Fabian and his partner, Detective Sergeant Albert Webb arrived to assist the investigation. Later that day, Detective Sergeant Saunders of Special Branch, who was a fluent Italian speaker, also arrived.


Alfred Potter quickly came under suspicion. PC Lomasney, the local policeman who knew Alfred and his wife, Lillian Elizabeth Potter, was asked to stay close to them to see what they might unwittingly reveal.


Detective Sergeant Saunders began interviewing the Italian World War II prisoners of war held at Long Marston. Prisoners were apparently able to roam the area at will and although there was a schedule for work days and free days no record was kept of these movements.  On the afternoon of the day of the murder some prisoners had gone into Stratford to see a play, while others had visited the cinema. However, it does not appear that any of the Italians was ever seriously considered to have killed Walton.


Post-mortem


Professor Webster's post-mortem on Walton found that Walton's trachea had been cut and that he had bruising to his chest and several broken ribs. Walton also had defensive wounds: a cut on his left hand and bruises on the back of his right hand and forearm. Webster concluded that Walton's wounds had been caused by two weapons; a stabbing weapon and a cutting weapon, presumably the pitchfork and the slash hook. Walton had also been hit over the head with his own walking stick which was found three-and-a-half yards from his body with blood and hair adhering to it. It was determined that Walton died between 1 and 2 pm. Walton's shirt had been opened, his trousers had been unfastened at the top and his fly was unbuttoned. Webster's report makes no specific mention of the cross supposedly carved on Walton's chest mentioned in some later accounts.


Alfred Potter's account of events


On 17 February, Potter was interviewed for a second time, on this occasion by Detective Sergeant Webb. Potter stated that Walton had usually worked about four days each week, but never in wet weather. Potter stated that he paid him eighteen pence per hour and usually at the end of each fortnight, although sometimes by the week. He said that he left it to Walton to say how many hours he had completed and implied that Walton was sometimes paid for hours he had not actually worked. He had last paid Walton for the fortnight ending 10 February when he had given him £2.15s.0.


Potter stated that on the day of the murder he had left the College Arms and gone across to a field known as Cacks Leys to see to some sheep and to feed some calves. When he reached the field it was 12.20 pm and he then saw Walton, working in his shirtsleeves. He was sure of this because it was the first time he had seen him so dressed and had said to himself, 'He's getting on with it today'. Potter added that he would have gone over to see Walton were it not for the fact that he had a heifer in a ditch nearby that needed attention. He went straight home and arrived there at about 12.40 pm. He then went to attend to the heifer.


On 20 February, PC Lomasney was at The Firs and mentioned the fact that the police were still hoping to take fingerprints from the murder weapons. At this, Alfred Potter said that he had touched the handle of the slash hook, and possibly the pitchfork, when he first came across the body, although he claimed he had already mentioned this to the police. He said he had handled the weapons in response to a comment from Harry Beasley that "You'd better have a look to make sure he is gone". Mrs Potter had displayed considerable annoyance at this revelation, stating that the police were bound to suspect him if his prints were on the murder weapon. Potter, meanwhile, told Lomasney that the murder was "the work of a fascist from the camp". A short time later, a serviceman came to the door and asked for Potter who was in the yard. Lomasney recorded that, when Potter came in he said, "That soldier has just told me that the Military Police at the Camp have caught an Italian coming out with a suit of clothes and detained him and sent for the Civil Police who came dashing out. They have taken him away with them." At this, "Potter affected great glee and his wife became almost hysterical with delight".


According to Fabian's initial report Potter stated on 23 February that after his visit to Cacks Ley he had come home, read the paper for five minutes, and had then gone to help one of his workers, Charles Henry "Happy" Bachelor, to pulp some mangolds for a few minutes. Subsequently, both men had gone to look at the church clock and saw that it was 1 pm. This account was confirmed by Mrs Potter who stated that Alfred Potter had arrived home soon after 12.30 pm and had read the paper for a few minutes. He had then asked how long dinner would be and she had replied "Not long". On hearing this, Potter had gone to help Bachelor at about 12.40 pm and returned at 1.05 pm. Bachelor also confirmed that Potter had come to help him at around 12.40 pm.


On 27 February, Fabian asked that enquiries be made of Stubbs & Bradstreet about any debts recorded against Alfred Potter or L. L. Potter & Co., Farmers of Campden, Gloucestershire. (Alfred Potter's father, Levi Potter, was the licensee of the Lygon Arms in Chipping Campden.) Subsequently, it was confirmed that there were no such debts. Fabian also asked for enquiries to be made at the Ministry of Agriculture and Fisheries about the result of a "test wages investigation made on 12 January 1945 at Firs Farm by Inspector R. G. Elliott" who was apparently reluctant to reveal the information to Fabian without authority from his Headquarters.


Again, in his initial crime report, Fabian recorded that, at the inquest on Charles Walton on 20 March, Potter had told the Coroner that he had seen someone in shirtsleeves in his field at 12.30 pm and that they were stationary.


Other enquiries


Edith claimed that Potter stated the following as they made their way to Hillground with Harry Beasley on the day of the murder; 'I have to do the milking on a Wednesday. I came to the field to cut some hay at 12 o'clock and saw your uncle at his work'. Edith stated that she had never heard Walton say he had ever lent anyone any money and she had not seen any IOUs. Subsequent enquiries of the Midland Bank revealed that Walton had deposited £227.10s.0 in June 1930 but that by 1939 this had dwindled to £11.11s.9d. Walton had made numerous withdrawals during the intervening years, but never more than £10 or so at a time.


Fabian's investigations also revealed that Walton's best friend was seventy-two-year-old George Higgins of Fairview, Lower Quinton, although the pair had not seen each other since the previous Christmas. Higgins was employed by Mr. Valender of Upper Quinton and at the time of the murder had been working in a barn just 300 yards from Walton. Fabian speculated that Higgins could have made his way across the fields unseen and killed Walton. However, he doubted that the old man would have had the strength to mount such an attack or sufficient motive.


When Harry Beasley was interviewed he told the police that he was employed by Harry Ball of Henney's Farm in the village. He said that "Potter had a reputation as a decent man to work for". On the night of 14 February he recalled Potter saying of Walton, "I saw him at work at 12.15". Beasley also confirmed that Edith Walton had been going out with one Edgar Goode for some years, although Goode was later eliminated from the police enquiries. Beasley said he was confident that Potter realized Walton was dead from the moment he saw Walton's body.


The police took statements from two former employees of Potter's – William George Dyde and George Purnell. Both confirmed that, from time to time, Potter had experienced difficulties in paying their wages.


Joseph Stanley confirmed that Potter had assisted him with the castration of two calves on the morning of 14 February and that they had subsequently visited the College Arms where Potter had drunk two glasses of Guinness between 11.45 am and noon.


Statements were taken from over 500 residents of Lower Quinton, some as young as eleven years old, as well as other individuals who were in and around the area on 14 February. A detailed search of the entire area surrounding the murder scene was undertaken, with the help of the Royal Engineers using mine detectors, in an attempt to find Walton's pocket watch or some other clue, but to no avail.


Eventually Fabian and Webb returned to London while Detective Superintendent Alec Spooner continued to search for the murderer. The murder so fascinated Spooner that it is claimed he continued to return to the village long after the rest of the world had concluded that the perpetrator would never be found. There were reports that Walton's pocket watch was found in the outhouse of his cottage in 1960, despite an extensive search by the police at the time of the murder.


Alfred Potter


Alfred Potter was forty years old at the time of the murder and managed The Firs for L. L. Potter & Co. which was a company owned by his father. Robert Fabian concluded that Alfred Potter was the likely killer of Charles Walton.


Potter's behavior on the night of the murder did not appear to be that of an innocent man. When Constable Lomasney arrived at 7.05 pm he noted that "Potter seemed very upset. He was shivering and complained of being cold. Looking back I think that Potter appeared more worried than one would have expected him to be." After all, Lomasney reasoned, Potter was used to slaughtering animals and might have been less moved by the murder scene than other men. Lomasney was also surprised when Potter said he was going home before the Stratford police turned up. He said, "His complaint of feeling cold I considered a strange excuse from one who was used to attending to animals at all hours and in all kinds of weather, especially as the murdered man was his own employee and had been murdered on his own land." In fact, the Stratford police turned up just as Potter was leaving.


On 17 February, Potter said he would have gone over to see Walton at Hillground on 14 February were it not for the fact that he had a heifer in a ditch nearby that he needed to attend to. He claimed he had gone straight home, arriving there at about 12.40 pm, and then went to attend to the heifer. However, the heifer was found to have drowned in Doomsday Ditch on 13 February and was not removed from The Firs until 3.30 pm on 14 February – almost three hours after Potter claimed to have gone to attend to it.


Potter's statement about the heifer was contradicted by his statement on 23 February that he had gone home, read the paper and then helped Charles Bachelor to pulp mangolds. Fabian's comment was that "Potter is undoubtedly lying about his actions at this critical time but the reason for these lies can, for the present, only be a matter for conjecture".


Fabian's cynicism about Potter's activities between noon and 12.40 pm was increased by the fact that he variously stated he had seen Walton working in the distance at 12.10 pm, 12.15 pm and 12.20 pm, ultimately telling the inquest that he had seen 'someone' stationary at 12.30 pm. Fabian commented that "Thus we have Potter's story gradually changing from seeing Charles Walton working at hedgecutting at 12.10 pm to seeing a man standing stationary in the field at 12.30 pm".


Potter's statements about seeing Walton at work invariably said that he was in his shirtsleeves. However, when his body was found, he was wearing a jacket. Underneath this jacket he was wearing a shirt, but the sleeves were cut off above the elbow. Thus Potter could not have seen Walton in his shirtsleeves. In Fabian's view, even if Potter had merely seen Walton with his jacket off, "it seems improbable he would have worked in shirt sleeves at 12.20 and then put his jacket on, unless he had decided to go home".


On 20 February, Potter said he had previously mentioned to the police that he had touched the murder weapons and that this had been at Harry Beasley's instigation. However, this was the first time he had made such a claim to the police, and Beasley strongly refuted any question that he had asked Potter to make sure Walton was dead: Beasley said it was patently obvious that he was dead and that Potter did not touch the weapons in his presence. Fabian's comment was that Potter produced this explanation only when Lomasney broached the question of fingerprints on 20 February; he considered that Potter had "gone to great pains to explain away any of his fingerprints which might be found upon the weapons ...". In the event, no prints were found.


Potter's suggestion that he might occasionally pay Walton for hours he had not worked was disproved by an examination of the sums he had indented for wages from L. L. Potter & Co. and those he had paid to Walton. What Potter was in reality doing was claiming more than he needed to pay his employee, and pocketing the difference. Fabian's comment was that "Potter, by his own admission, is guilty of claiming more wages than were due and there is no doubt that he was making a good thing out of Walton's employment by him".


After Fabian and Webb had returned to London, the police constable who had relieved Lomasney and stood guard over the murder scene reported that Potter had returned to Hillground soon after first light on 15 February. The policeman had warned Potter away from the actual site of the murder. Potter had exchanged a few pleasantries about the coldness of the weather, given the constable a Player's cigarette and then left. This revelation brought Fabian and Webb back for another interview with Potter and some searching questions about why he had not told them earlier about visiting the scene. However, this interview does not seem to have advanced the case any further, although it was noted that "Happy" Bachelor and another employee of Potter's had both resigned since the murder. Fabian believed both had possibly realized the nature of the man for whom they were working. He also wondered if Bachelor had compromised himself by stating that he had seen Potter at 12.40 pm.


The trousers that Potter had worn on 14 February were described as being made from Bedford cord. There were two marks on the front that Professor Webster believed were blood stains; however, he reported that they had been cleaned too thoroughly for a positive analysis.


The key for the police was establishing Potter's movements between 12 noon, when he parted company from Joseph Stanley at the College Arms, and 12.40 pm when Charles Bachelor said he saw him at The Firs. Despite Potter changing his story in various ways, Fabian concluded that there was "no real evidence to connect him with the murder itself, and no reasonable motive can be found for his committing it". Fabian found that there was no evidence that Potter was violent or that he and Walton had ever quarreled. He described Potter as morose and sullen at his interviews although, even when "closely interrogated", he "never lost his temper" and was civil. He wrote that Potter was "unkempt" and "on the surface dull witted" although "I am convinced he is far from that". Indeed, Fabian believed Potter to be a "man of considerable strength" and an "extremely cunning individual".


Although a number of writers have suggested that Walton had lent Potter money and its repayment was overdue, there is no proof that this was the case.


Ann Tennant


Ann Tennant was a resident of Long Compton, fifteen miles from Lower Quinton, and was murdered at the age of eighty. On 15 September 1875, at about 8 o'clock in the evening, Ann Tennant left her house to buy a loaf of bread. On her way back, she met some farm workers returning home from harvesting in the fields. One of the group was a local man, James Heywood, who had known Ann's family for many years. Heywood was simple-minded and was seen as something akin to a village idiot. It is known that he had also been drinking cider. Without warning he attacked Ann Tennant with a pitchfork, stabbing her in the legs and head.


A local farmer named Taylor heard the commotion and ran to Ann's aid. He restrained Heywood until a constable arrived. Ann was taken to her daughter's house but died of her injuries at around 11.15 that night. Heywood claimed that Ann was a witch and that there were other witches in the village whom he intended to deal with in the same way. Although committed to trial for murder, he was found not guilty on the grounds of insanity and spent the rest of his life in Broadmoor Criminal Lunatic Asylum. He is recorded as dying there, at the age of 59, in the first half of 1890.


On 13 February 1954, the eve of the ninth anniversary of Walton's murder, the Daily Mirror revisited the killing of Ann Tennant and alleged similarity between that event and Walton's murder. The report stated: "The police have found one other link between the killings, but I am pledged not to reveal it." One possible explanation was that the police had discovered that Charles Walton and Ann Tennant were related.


Charles Walton had a first cousin, twice removed, named John Haynes. In December 1867, John Haynes married Sarah Cook whose first cousin, once removed, was Elizabeth Clifton, the wife of Joseph Tennant, Ann Tennant's eldest son.


Alternatively, the police may have believed there was a closer connection: Charles Walton's great-grandparents were Thomas Walton and Ann Smith. Ann Smith was Ann Tennant's maiden name and she was born in 1794. It is feasible that it was she who married Thomas Walton on 2 January 1812 in Ebrington, Gloucestershire, when she would have been 17 or 18. She could then have given birth to William Walton, the victim's grandfather, in 1814 and, assuming that her husband subsequently died, could have married John Tennant in April 1819 in Long Compton. If this tenuous possibility were to be proved true, Ann Tennant was Charles Walton's great-grandmother.


Claims of witchcraft


The two reports that Fabian wrote on the case in 1945 and which are preserved on the police file make no mention of witchcraft, ritualistic killing, black dogs, natterjack toads or blood sacrifices. However, twenty-five years later he wrote the following:


I advise anybody who is tempted at any time to venture into Black Magic, witchcraft, Shamanism – call it what you will – to remember Charles Walton and to think of his death, which was clearly the ghastly climax of a pagan rite. There is no stronger argument for keeping as far away as possible from the villains with their swords, incense and mumbo-jumbo. It is prudence on which your future peace of mind and even your life could depend.


It has been claimed that Fabian was acquainted with two pieces of local history. The first related to the murder of Ann Tennant by James Heywood, on the grounds that she was a witch. In many accounts it has been erroneously claimed that Ann was pinned to the ground with a pitchfork and slashed with a bill-hook. Additionally, Detective Superintendent Alec Spooner, Head of Warwickshire C.I.D., is said to have drawn Fabian's attention to a 1929 book entitled Folklore, Old Customs and Superstitions in Shakespeare Land, written by the Rev. James Harvey Bloom, Rector of Whitchurch, and father of author Ursula Bloom. This included the story of how, in 1885, a young plough boy named Charles Walton had met a phantom black dog on his way home from work on several nights in succession. On the last occasion the dog had been accompanied by a headless woman. That night Walton heard that his sister had died.


Amongst the theories and rumors that surrounded this case in subsequent years are the following:


It was claimed that locals believed that Walton was a witch whose powers were feared by some villagers. It was claimed he could cast the evil eye and kept natterjack toads as pets and used them to "blast"(blight) the crops and livestock of local farmers.[citation needed] Two examples cited were the failure of the 1944 harvest and the death of Potter's heifer on 13 February. It was claimed that this alleged witchcraft led him to be murdered in a ritualistic manner which involved his blood soaking into the ground to ‘replenish the soil's fertility’.


Local folklore held that phantom black dogs roamed the area and were a harbinger of death. It was claimed that, soon after Walton's murder, a black dog was found hanging from a tree close to the murder scene. Fabian wrote that he encountered a black dog while walking at dusk on Meon Hill. The story he related was that dog ran past him and shortly afterwards he met a local boy walking in the same direction. He asked the boy if he was looking for his dog, but when Fabian mentioned the animal's colour, the boy turned a deathly pale and fled in the opposite direction.


Myths


The claims that Ann was pinned to the ground with a pitchfork or slashed with a bill-hook are pure invention. She was attacked in the view of several witnesses and the only similarity with Walton's murder was the fact that a pitchfork was used in both instances.


There is no evidence that the Charles Walton mentioned in Bloom's book was one and the same as the murdered Charles Walton. The latter had three older sisters and two younger brothers. If the Charles Walton in the story was subsequently the murder victim, he would need to have had a sister who died during 1885. However, his sisters Mary Ann and Martha Walton both married in 1891 and lived for some years thereafter, while Harriett – in reality Charles's half-sister – was still alive in 1901. Consequently, the story must have related to another Charles Walton unless Emma, his mother, gave birth to a fourth daughter between the April 1881 Census and the end of 1885.


The 1841 Census, taken on 7 June 1841, conveniently records Charles's mother as being just 9 months old, implying that she was born around August or September 1840. In April 1881 she would have been almost 41 years old, without having given birth – at least to a living child – for some five or six years. It is highly unlikely that she did so during the next five years, especially since a detailed study of the birth, marriage and death records held by the Office for National Statistics has failed to produce any likely Walton births or deaths being registered in the Shipston or Stratford-upon-Avon areas during that period.


Walton was murdered close to a Druid stone circle in a Druidical ceremony.


Fabian stated in Fabian of the Yard that:


One of my most memorable murder cases was at the village of Lower Quinton, near the stone Druid circle of the Whispering Knights. There a man had been killed by a reproduction of a Druidical ceremony on St Valentine's Eve.


Gerald B. Gardner stated in his book, The Meaning of Witchcraft:


... the Whispering Knights are not a circle; they are not Druidical, and they are about twelve miles away, as the crow flies, from Lower Quinton. Nor was Charles Walton killed on St Valentine's Eve; and as no one knows for certain just what the Druid's ceremonies were, it is impossible to say that his death was a reproduction of one. Apart from these details, the description is accurate.


Fabian met a wall of silence over the crime


The police took numerous statements from individuals and while Fabian was happy in later years to suggest that he had met 'a wall of silence', the most he would say in 1945 was that "The natives of Upper and Lower Quinton and the surrounding district are of a secretive disposition and they do not take easily to strangers". However, the truth may be that no one had seen anything and therefore had nothing to tell.

The Straw Hat Riot of 1922 on TPKs Stories

 https://anchor.fm/valerie-harvey/episodes/The-Straw-Hat-Riot-of-1922-eo90u3

Saturday, December 26, 2020

The Disappearance and Death of Janelle Matthews

 


Janelle Matthews was a 12-year-old American girl who disappeared near Greeley, Colorado, on December 20, 1984. She remained missing for 34 years, until her remains were discovered on July 24, 2019, by construction workers putting in a new pipeline 15 mi (24 km) away from her home.


Disappearance


On the evening of December 20, 1984, Janelle was performing in a holiday concert at IntraWest Bank of Denver as a member of Greeley's Franklin Middle School Choir. Her family was not present at the concert as Janelle's father was at his other daughter's basketball game and her mother had flown east to be with Janelle's ill grandfather.[ At 8:15 PM that evening, Janelle arrived at her home in Greeley, Colorado, after getting a ride from her friend DeeAnn Ross and DeeAnn's father. Shortly after 8:30 PM, Janelle answered a phone call and took a message for her father. The phone call was the last time anyone was known to have spoken with Janelle.


Her father arrived home at 9:30 PM and found the garage door open, but no one was in the house, although Janelle's shoes and shawl were near a heater in the family room, a place she often sat. Janelle's older sister, Jennifer, got home at 10:00 PM, but had not seen her. Their father began to worry, and called police. The police arrived at 10:15 PM and found footprints in the snow, indicating that someone had been looking in the windows. There were no signs of a struggle or of forced entry. With snow on the ground, Janelle's father thought it unlikely that she would go far without shoes.


Family


The Matthews family lived at 320 43rd Avenue Court in Greeley, Colorado. The family consisted of Janelle, her adoptive parents Jim and Gloria Matthews, and her older sister, Jennifer. At the time of her disappearance, Janelle's father was the principal of Platte Valley Elementary School in Kersey, Colorado.


For several weeks after the disappearance, police placed Janelle's birth mother Terri Vierra-Martinez under surveillance, without telling her that her daughter had gone missing. Ten years later and after Janelle was declared legally dead, Gloria received a letter from the birth mother, requesting permission to visit the child she gave up for adoption, something Janelle always wanted. The birth mother had used a search consultant to help locate the child. The adoptive parents notified the birth mother about what happened, and the families became friends.


Years after Janelle's disappearance, Jim and Gloria Matthews retired and moved to Costa Rica. Janelle's sister married and moved out of Colorado.


Public interest


The disappearance attracted public interest, including the President of the United States and members of Congress. President Ronald Reagan mentioned Janelle Matthews in a speech on March 7, 1985 from Room 450 of the Old Executive Office Building. She was mentioned in the Congressional Record for the United States House of Representatives on April 2, 1985, page 7224. In 2010, the Greeley Tribune published another summary of the missing child—still not found. As recently as 2018, Greeley Police had been re-contacting witnesses and applying the latest forensic advances to learn what happened to Janelle. She appears in the International Center for Unidentified and Missing Persons' database.


A chokecherry tree was planted nearly 30 years ago in front of Franklin Middle School, in memory of Janelle. The tree is now gone, along with a plaque inscribed with Janelle's name.


Discovery of remains


After almost 35 years, excavators installing a pipeline discovered human remains at 4:50 PM on Tuesday, July 23, 2019, near the intersection of County Roads 34.5 and 49, at coordinates 40.239848°N 104.602514°W, about 15 mi (24 km) southeast of Janelle's home. Based on DNA evidence, the Weld County Coroner's Office positively identified the remains as being those of Janelle Matthews. As of July 29, 2019, the Colorado Bureau of Investigation (CBI) had not released any information about Matthews' cause of death, but had stated that the case is being treated as a homicide. Authorities are searching historical records to determine who owned or lived on the land where the remains were found.


News reports stated Janelle "died from a gunshot wound to her forehead". After examination of the remains, the forensic report listed Janelle's cause of death as "a gunshot wound to the head".

 



Investigation


On September 13, 2019, Greeley Police Department announced a "person of interest" in Janelle Matthews' abduction and death: Steve Pankey, a former Greeley resident who ran for governor in Idaho in 2014 and 2018, and for lieutenant governor in 2010. His home in Colorado was searched under a warrant that stated investigators had probable cause to believe that Pankey abducted and murdered the girl that night. Pankey and his former wife lived about 2 mi (3.2 km) away from the Matthews home, where Janelle was last seen. Pankey had been a youth pastor at the church the Matthews family attended. Greeley Police Commander Roy Smith stated that Pankey "had made repeated efforts to speak with detectives" about the Matthews case. But after detectives traveled to Twin Falls, Idaho, on August 15, 2019, Pankey refused to answer questions. Commander Smith stated Pankey has not been charged with Janelle's murder, but he is being investigated in relation to her death.


On October 13, 2020, authorities announced that Steven D. Pankey had been indicted on charges of first-degree murder and kidnapping in Janelle's death. He is currently being held without bail at the Ada County Jail in Idaho, while awaiting extradition to Colorado. Steven Pankey was 69 years old at the time of his indictment.


Pankey already knew that he was a "person of interest" to the police in September 2019, when he was interviewed by the newspaper Idaho Statesman. Pankey claimed that he did not know Janelle or the Matthews family, and only heard about them following the disappearance. He also claimed that on the night of Janelle's disappearance, he and his wife were at their home. He said that they were planning to leave town the next day for a Christmas visit their family in California, and had already loaded their car. The trip's destination was Big Bear Lake, California. Decades later, Pankey provided investigators with documents concerning this trip. Police reported that these documents contained "false statements and superfluous details".


Pankey's ex-wife Angela Hicks contradicted this narrative. She reported that they started their trip not on December 21, but December 22, two days following Janelle's disappearance. She also said that this trip was unexpected. Hicks said that they returned to Greeley on December 26, and that Pankey took an unusual interest in the disappearance case. She said that already on their return trip, Pankey "uncharacteristically listened to the radio, searching for news of the girl's disappearance". She also said that after their return, Pankey forced her to read to him newspaper articles concerning the case. According to the 2020 indictment statement, shortly following their return to Greeley, Pankey started digging in their yard. At about that time, a car stored on their property caught fire and the burned car "was disposed of at a salvage yard".


A few months following Janelle's disappearance, Pankey attended a church service. There, a minister claimed that Janelle would be found safe. Hicks claimed to have heard Pankey muttering in response, accusing the minister of being a false prophet. In 2008, Pankey's son was murdered. At his son's funeral, Hicks reportedly heard Pankey state: "I hope God didn't allow this to happen because of Janelle Matthews"


Jennifer Mogensen, Janelle's older sister, said that while the family experienced "some closure" when they learned that Janelle was murdered, she considers Pankey's arrest to be "another gift to our family". Mogensen's father was reportedly "especially excited to see justice". Mogensen said that there was sibling rivalry between her and Janelle in 1984, and that Janelle's killing eliminated the possibility for the two siblings to grow closer.


The police announced that Pankey had long been a person of interest in the case. Pankey repeatedly claimed to have knowledge of the crime, and had asked "for immunity in exchange for information". The criminal indictment said that he "intentionally inserted himself in the investigation many times over the years claiming to have knowledge of the crime which grew inconsistent and incriminating over time". Pankey had claimed that at the evening of Janelle's abduction, a rake was used to cover up the tracks left in the snow. Pankey also claimed to have watched middle school students walking home, returning from the middle school which Janelle attended.


Pankey gave an interview to the newspaper Times-News, where he said that he was being framed by the police. He said that he was targeted for his sexuality, identifying himself as a "celibate homosexual". In 2018, Pankey had campaigned for the Idaho Republican Party's nomination for the position of governor of Idaho. His campaign website said that Pankey has studied criminal justice.



Thursday, December 17, 2020

Andres Behring Breivik: The 2011 Norway Attacks

 



Fjotolf Hansen (born Anders Behring Breivik (Norwegian pronunciation: [ˈɑ̀nːəʂ ˈbèːrɪŋ ˈbræ̀ɪviːk] 13 February 1979), also known by his pseudonym Andrew Berwick, is a Norwegian far-right terrorist who committed the 2011 Norway attacks. On 22 July 2011, he killed eight people by detonating a van bomb amid Regjeringskvartalet in Oslo, then killed 69 participants of a Workers' Youth League (AUF) summer camp in a mass shooting on the island of Utøya. In July 2012, he was convicted of mass murder, causing a fatal explosion, and terrorism.


While still a juvenile, he was arrested, and was consequently rejected from the Norwegian Armed Forces. At the age of 20 he joined the anti-immigration/right-wing Progress Party, and chaired the local Vest Oslo branch of the party's youth organization during 2002. He left the Progress Party in 2006 and went on to join a gun club, while also founding a company which he used to finance his planned terrorist attacks.


On the day of the attacks, Breivik electronically distributed a compendium of texts entitled 2083: A European Declaration of Independence, describing his militant ideology. In them, he stated his opposition to Islam and blamed feminism for a European "cultural suicide." The text called for the deportation of all Muslims from Europe and Breivik wrote that his main motive for the attacks was to publicize his manifesto.


Two teams of court-appointed forensic psychiatrists examined Breivik before his trial. The first team diagnosed Breivik with paranoid schizophrenia but after this initial finding was criticized, a second evaluation concluded that he was not psychotic during the attacks but did have narcissistic personality disorder and antisocial personality disorder.


His trial began on 16 April 2012, with closing arguments made on 22 June 2012. On 24 August 2012, Oslo District Court delivered its verdict, finding Breivik sane and guilty of murdering 77 people. He was sentenced to 21 years in prison, in a form of preventive detention that required a minimum of 10 years incarceration and the possibility of one or more extensions for as long as he is deemed a danger to society. This is the maximum penalty in Norway. Breivik announced that he did not recognize the legitimacy of the court and therefore did not accept its decision—he decided not to appeal because this would legitimize the authority of the Oslo District Court. In 2016, Breivik sued the Norwegian Correctional Service, claiming that his solitary confinement violated his human rights. A subsequent court ruling found that his rights had not been violated, despite an earlier ruling, and in June 2017, Breivik filed a complaint with the European Court of Human Rights, which dismissed his case in June 2018.


As of September 2020, his lawyer (Øystein Storrvik) has made an application for parole, on behalf of Breivik; Breivik has the right to have the courts make a decision regarding [his application for] parole; Breivik has to serve at least ten years before [possibly] being paroled.


Since his imprisonment, Breivik has identified himself as a fascist and a Nazi, who practices Odinism and uses counter-jihadist rhetoric to support ethno-nationalists.


After he had carried out his attacks, it became known that psychiatrists had recommended him be removed from his mother and placed into foster care when he was 4 years old, as she was heavily emotionally and psychologically abusive towards him. However, the recommendation made by the psychiatrists was not followed, and Breivik remained in her care.


Names and early life


His family name is Breivik, while Behring, his mother's maiden name, is his middle name and not part of the family name. His family name comes from Breivika in Hadsel, and literally means "broad vik" or "broad bay." On 9 June 2017, Norwegian newspaper Verdens Gang reported Breivik had changed his legal name to Fjotolf Hansen.


Breivik was born in Oslo on 13 February 1979, the son of Wenche Behring (1946–2013), a nurse, and Jens David Breivik (born 1935), a civil economist, who worked as a diplomat for the Norwegian Embassy in London and later in Paris. He spent the first year of his life in London until his parents divorced when he was a year old. His father (who later married a diplomat) fought for custody of him, but failed. When Breivik was four, living in Fritzners gate in Oslo, two reports were filed expressing concern about his mental health, concluding that he ought to be removed from parental care. A psychologist in one of the reports made a note of the boy's peculiar smile, suggesting it was not anchored in his emotions but was rather a deliberate response to his environment. In another report by psychologists from Norway's center for child and youth psychiatry (SSBU) concerns were raised about how his mother treated him: "She 'sexualized' the young Breivik, hit him, and frequently told him that she wished that he were dead." In the report Wenche Behring is described as "a woman with an extremely difficult upbringing, borderline personality disorder and an all-encompassing if only partially visible depression" who "projects her primitive aggressive and sexual fantasies onto him [Breivik]". The psychologist who wrote the report was later forbidden to give evidence in court by Behring, who herself was excused from testifying on health grounds.


Breivik attended Smestad Grammar School, Ris Junior High, Hartvig Nissens Upper Secondary School and Oslo Commerce School (1995–98). A former classmate has recalled that he was an intelligent student, physically stronger than others of the same age, who often took care of people who were bullied.


Breivik lived with his mother and his half sister in the West End of Oslo and regularly visited his father and stepmother in France, until they divorced when he was 12. His mother also remarried, to an officer in the Norwegian Army.


Breivik chose to be confirmed into the Lutheran Church of Norway at the age of 15.


In his adolescence, Breivik's behavior was described as having become rebellious. In his early teen years he was a prolific graffiti artist, part of the hip hop community in Oslo West. He took his graffiti much more seriously than his comrades did and was caught by the police on several occasions; child welfare services were notified once and he was fined on two occasions. According to Breivik's mother, after he was caught spraying graffiti on walls in 1995, at the age of 16, and fined, his father stopped contact with him. They have not been in contact since then. The opposite view is claimed by Breivik's father, that it was his son who broke off contact with him and that he would have always welcomed Anders despite his destructive activities. At this age he also broke off contact with the hip hop community after he fell out with his best friend.


Since adolescence, Breivik had spent much time on weight training, and started using anabolic steroids. He cared a lot about his own looks and about appearing big and strong. Breivik has criticized his parents for supporting the policies of the Norwegian Labour Party and his mother for being, in his opinion, a moderate feminist.

Failure of social services to remove Breivik from his abusive mother


In 1983 and 1984 some of Norway's top psychologists wanted to have Breivik forcibly removed from his mother, Wenche Behring. These psychologists worked at National Center for Child and Adolescent Psychiatry, Statens Senter for Barne- og Ungdomspsykiatri (the SSBU). They had placed a care order for the boy but this was not carried out by Barnevernet, Norway's state Child Welfare Service. After the attacks on 22 July 2011 one of the psychologists who had observed Breivik as a child stated that "If Anders had been removed from his abusive home he would have developed altogether differently. His actions are essentially an extreme expression of the price society has to pay for the inadequacy of the Child Welfare Services."


During that time the three-generation hypothesis was applied to explain why some children develop severe mental issues. This hypothesis states that if the parents had a difficult childhood and a bad relationship with the grandparents and because of that failure to develop a healthy bond with their children, the third generation develops severe issues. Breivik's mother had had to take care of her disabled mother starting from age eight. The grandmother had contracted polio and became paralyzed and wheelchair-bound. Wenche also lost her father as he died when she was eight years old. The people surrounding the family and social services failed to provide help to the family so that Wenche was constantly over-strained with having to watch her disabled mother while still being a child herself. On top of her handicap, the grandmother developed psychosis and constantly blamed her daughter for her illness. She made Wenche completely sacrifice her life for her so that she wasn't allowed to develop as a normal child at all and didn't attend school regularly or build a stable group of friends. She fled her abusive home at age 17 and soon after that became a teenage mother. Some time later she met Jens Breivik, who later became Anders' father.


During her pregnancy Breivik’s mother already developed a disdain for him. She claimed that he was a "nasty child" and that he was "kicking her on purpose". She had wanted to abort him but at the time that she returned to Norway from the UK, she had already passed the three months threshold for an abortion. Psychologists reports stated that she thought that Breivik was a "fundamentally nasty and evil child and determined to destroy her." She stopped breastfeeding her son pretty early on because he was "sucking the life out of her."


Breivik's mother moved back to Oslo in no. 18, Fritznersgate, where Jens Breivik had an apartment. The neighbors claimed that there were noises of fights and that the mother left her children completely alone for extended periods of time, while she was working as a nurse. In 1981 Breivik's mother applied for economic help and in 1982 she applied for respite care for her son. She says that she was overwhelmed with the boy and unable to care for him. She described him to be "clingy and demanding." Breivik was then placed with a young couple. This couple later told police that the mother, when bringing two-year-old Breivik to the house, had asked that he be allowed to touch the man's penis because he had no one to compare himself to in terms of appearance. 'All he ever saw were girls' parts. This suggests that Breivik had been sexually abused by the age of two already.


In February 1983, on the advice of her neighbors, Breivik's mother sought help from the National Center for Child and Adolescent Psychiatry (SSBU) in Oslo. There the mother then stayed during the day with Breivik and was observed by psychiatrists for about one month. The conclusion of the stay from the psychiatrists was that Breivik should be placed in the foster care system and had to be removed from his mother for him to develop normally. The justification for this was several observations. Breivik was almost completely void of any emotional engagement. He didn't show joy. He didn't cry when he was hurt. He made no attempts to play with other children. He was also extremely clean and became anxious when his toys weren't in order. Psychologists believed that he had become this way because of the negative reactions his mother displayed to any emotion he showed. They thought that she had punished him and reacted extremely negatively to him displaying emotions that had led him to become devoid of any visible emotions. His mother had also claimed that he was unclean and that she constantly had to care for him and run after him. Psychologists believed that Breivik had become this clean because of fear of punishment from his mother. He didn't show the normal level of uncleanliness of a four-year-old. Breivik seemed extremely careful and controlled. He had no repertoire on how to express emotions normally. During long phases of emotional voidness he would rarely erupt and display extreme uncontrolled emotions.


Reports of the staff said that his mother had told Breivik while she knew that she was being observed by health personnel that she "wished that he was dead". At the same time, she tied him to her and switched from being very affectionate to being extremely cruel from one minute to the other. This was an unacceptable situation for a four-year-old to be in, according to the psychiatrists. The report from 1983 stated "Anders is a victim of his mother's projections of paranoid-aggressive and sexual fears toward men in general", and "she projects onto him her own primitive, aggressive and sexual fantasies; all the qualities in men that she regards as dangerous and aggressive." Breivik reacted very negatively to his mother. He alternated between clinginess, petty aggression and extreme childishness. The final conclusion of the observation was that "The family is in dire need of help. Anders should be removed from the family and given a better standard of care; the mother is provoked by him and remains in an ambivalent position which prevents him from developing on his own terms. Anders has become an anxious, passive child that averts making contact. He displays a manic defense mechanism of restless activity and a feigned, deflecting smile. Considering the profoundly pathological relationship between Anders and his mother it is crucial to make an early effort to ward off a severely skewed development in the boy." However, Child Welfare Services did not follow this recommendation. They did not understand how harmful the treatment of his mother was for Breivik. Instead, he was placed in respite care only during the weekends. SSBU hoped that eventually he would be fully placed into foster care.


However when Breivik's father, Jens Breivik, learned of the situation he filed for custody. Although Breivik's mother had agreed to have him put in respite care, after Jens had filed for custody she demanded that Breivik be put back into full custody with her. Both the mother and father got lawyers involved. Eventually, the case was dropped because the Welfare Services thought that they wouldn't be able to provide enough evidence in court to warrant the placement of Breivik in foster care. One of the main reasons for this was the testimony of staff from the Vigelandsparken nursery, which Breivik had been attending since 1981. They described him as a happy child and claimed that nothing was wrong or had been wrong with him all along. During all of this the SSBU maintained their stances and said "urgent action is crucially needed to prevent a severely skewed development in the boy". The SSBU wrote Child Welfare Services a letter claiming that an order should be placed to have Breivik be removed by force. In 1984 a hearing in front of Barnevernsnemnda (the municipal child welfare committee) took place on whether Breivik's mother should lose custody of him. During the hearing, a young social worker who had never represented a case in court before was up against the experienced lawyer hired by Breivik's mother. She naturally won the case. It was ruled that the family should be supervised. However after only three visits the supervision was discontinued. Breivik was never again put into respite care or foster care.


SSBU heavily criticized the decision stating "The family's situation was deeply troubling. The boy was at risk of developing serious issues, and had the Child Welfare Service deliberately chosen to do nothing, they would have failed him. If however, they rejected to act on the SSBU's suggestions, the SSBU cannot be faulted. They did not have authority to make formal decisions. Only the Child Welfare Service could do that."


Adulthood


Breivik was exempt from conscription to military service in the Norwegian Army and had no military training. The Norwegian Defence Security Department, which conducts the vetting process, say he was deemed "unfit for service" at the mandatory conscript assessment.


After the age of 21, Breivik was in the customer service department of an unnamed company, working with "people from all countries" and being "kind to everyone". A former co-worker described him as an "exceptional colleague", while a close friend of his said he usually had a big ego and would be easily irritated by those of Arab or South Asian origin.


Breivik visited Belarus only once, as a tourist in 2005. Norwegian prosecuting authorities claim that Breivik went to Belarus to meet a woman he had met on a dating website. This woman later visited him in Oslo.


According to friends, Breivik had cosmetic surgery on his chin, nose and forehead while in his early twenties, and was pleased with the result.


2011 terror attacks


Planning


Breivik claims that in 2002 (at the age of 23) he started a nine-year-plan to finance the 2011 attacks, founding his own computer programming business while working at the customer service company. He claims that his company grew to six employees and "several offshore bank accounts", and that he made his first million kroner at the age of 24. He writes in his manifesto that he lost 2 million kroner on stock speculation, but still had about 2 million kroner to finance the attack. The company was later declared bankrupt and Breivik was reported for several breaches of the law. He then moved back to his mother's home to, according to him, save money. The first set of psychiatrists who evaluated him said in their report his mental health deteriorated at this stage and he went into a state of withdrawal and isolation. His declared assets in 2007 were about kr 630,000. (US$76,244), according to Norwegian tax authority figures. He claims that by 2008 he had about kr 2,000,000 (US$243,332) and nine credit cards giving him access to €26,000 in credit.


In May 2009, he founded a farming company under the name "Breivik Geofarm", described as a farming sole proprietorship set up to cultivate vegetables, melons, roots, and tubers.


In 2010, he visited Prague in an attempt to buy illegal weapons. He was unable to obtain a weapon there and decided to get weapons through legal channels in Norway instead. He bought one semi-automatic 9 mm Glock 34 pistol legally by demonstrating his membership in a pistol club in the police application for a gun license, and the semi-automatic Ruger Mini-14 rifle by possessing a hunting license. Breivik's manifesto included writings detailing how he played video games such as World of Warcraft to relax, and Call of Duty: Modern Warfare 2 for "training-simulation". He told a court in April 2012 that he trained for shooting using a holographic device while playing Call of Duty. He claimed it helped him gain target acquisition.


Breivik had no declared income in 2009 and his assets amounted to 390,000 kroner ($72,063), according to Norwegian tax authority figures. He states that in January 2010 his funds were "depleting gradually". On 23 June 2011, a month before the attacks, he paid the outstanding amount on his nine credit cards so he could have access to funds during his preparations.


In late June or early July 2011, he moved to a rural area south of Åsta in Åmot, Hedmark county, about 140 km (87 mi) north-east of Oslo, the site of his farm. As he admits in his manifesto he used the company as a cover to legally obtain large amounts of artificial fertilizer and other chemicals for the manufacturing of explosives. A farming supplier sold Breivik's company six tonnes of fertilizer in May. The newspaper Verdens Gang reported that after Breivik bought a small quantity of an explosive primer from an online shop in Poland, his name was among 60 passed to the Police Security Service (PST) by the Norwegian Customs Service as having used the store to buy products. Speaking to the newspaper, Jon Fitje of PST said the information they found gave no indication of anything suspicious. He sets the cost of the preparations for the attacks at €317,000 – "130,000 out of pocket and 187,500 euros in lost revenue over three years."


Breivik's farmer neighbor described him as looking like a "city dweller, who wore expensive shirts and who knew nothing about rural ways". Breivik had also covered up the windows of his house. The owner of a local bar, who once worked as a profiler of passengers' body language at Oslo Airport, said there was nothing unusual about Breivik, who was an occasional customer at the bar.


The attacks


On 22 July 2011, Breivik detonated a fertilizer bomb outside the tower block housing the office of Prime Minister Jens Stoltenberg in Oslo, resulting in eight deaths.


Within a few hours of the explosion he traveled to Utøya island, the site of a camp for Worker's Youth League, imposing as a police officer in order to take the ferry to the island, and then fired intermittently for more than one hour, killing 69 with one murder victim as young as 14 years old.


Arrest


When the police tactical unit Delta (based in Oslo) arrived on the island and confronted him, he surrendered without resistance. After his arrest, he was held by armed police on the island, and interrogated throughout the night, before being moved to a holding cell in Oslo.


Breivik admitted to the crimes and said the purpose of the attack was to save Norway and Western Europe from a Muslim takeover, and that the Labour Party had to "pay the price" for "letting down Norway and the Norwegian people."


After his arrest, Breivik referred to himself as "the greatest monster since Quisling."


Booking and preparations for trial


On the way to his first jail meeting, Breivik's police escort was met with an angry crowd, some of whom shouted "burn in hell" or "traitor", while others used stronger words.


On 25 July 2011, Breivik was charged with violating paragraph 147a of the Norwegian criminal code, "destabilizing or destroying basic functions of society" and "creating serious fear in the population", both of which are acts of terrorism under Norwegian law. He was ordered held for eight weeks, the first four in solitary confinement, pending further court proceedings. The custody was extended in subsequent hearings. The indictment was ready in early March 2012. The Director of Public Prosecutions had initially decided to censor the document to the public, leaving out the names of the victims as well as details about their deaths. Due to the public's reaction, this decision was reversed prior to its release. On 30 March, the Borgarting Court of Appeal announced that it had scheduled the expected appeal case for 15 January 2013. It would be heard in the same specially-constructed courtroom where the initial criminal case was tried.


Breivik was kept at Ila Prison after arrest. There, he had at his disposal three prison cells: one where he could rest, sleep, and watch DVD movies or television, a second that was set up for him to use a PC without Internet connection, and a third with gym equipment. Only selected prison staff with special qualifications were allowed to work around him, and the prison management aimed to not let his presence as a high-security prisoner affect any of the other inmates. Subsequent to the January 2012 lifting of letters and visitors censorship for Breivik, he received several inquiries from private individuals, and he devoted his time to writing back to like-minded people. According to one of his attorneys, Breivik was curious to learn whether his manifesto has begun to take root in society. Breivik's attorneys, in consultation with Breivik, considered whether to have some of his interlocutors called as witnesses during the trial. Several media, both Norwegian and international, have requested interviews with Breivik. The first such was canceled by the prison administration following a background check of the journalist in question. A second interview was agreed to by Breivik, and the prison requested a background check to be done by the police in the country where the journalist is from. No information has been given about the media organizations in question.


Psychiatric evaluation


Breivik underwent his first examination by court-appointed forensic psychiatrists in 2011. The psychiatrists diagnosed him with paranoid schizophrenia, concluding that he had developed the disorder over time and was psychotic both when he carried out the attacks and during the observation. He was also diagnosed with abuse of non-dependence-producing substances antecedent of 22 July. The psychiatrists consequently found Breivik to be criminally insane.


According to the report, Breivik displayed inappropriate and blunted affect and a severe lack of empathy. He spoke incoherently in neologisms and had acted compulsively based on a universe of bizarre, grandiose and delusional thoughts. Breivik alluded to himself as the future regent of Norway, master of life and death, while calling himself "inordinately loving" and "Europe's most perfect knight since WWII". He was convinced that he was a warrior in a "low intensity civil war" and had been chosen to save his people. Breivik described plans to carry out further "executions of categories A, B and C traitors" by the thousands, the psychiatrists included, and to organize Norwegians in reservations for the purpose of selective breeding. Breivik believed himself to be the "knight Justiciar grand master" of a Templar organization. He was deemed to be suicidal and homicidal by the psychiatrists. According to his defense attorney, Breivik initially expressed surprise and felt insulted by the conclusions in the report. He later said "this provides new opportunities".


The outcome of Breivik's first competency evaluation was fiercely debated in Norway by mental health experts, over the court-appointed psychiatrists' opinion and the country's definition of criminal insanity. An extended panel of experts from the Norwegian Board of Forensic Medicine reviewed the submitted report and approved it "with no significant remarks". News in the meantime emerged that the psychiatric medical staff in charge of treating prisoners at Ila Detention and Security Prison did not make any observations that suggested he suffered from either psychosis, depression or was suicidal. According to senior psychiatrist Randi Rosenqvist, who was commissioned by the prison to examine Breivik, he rather appeared to have personality disorders. Counsels representing families and victims filed requests that the court order a second opinion, while the prosecuting authority and Breivik's lawyer initially did not want new experts to be appointed. On 13 January 2012, after much public pressure, the Oslo District Court ordered a second expert panel to evaluate Breivik's mental state. He initially refused to cooperate with new psychiatrists. He later changed his mind and in late February a new period of psychiatric observation, this time using different methods than the first period, was begun.


If the original diagnosis had been upheld by the court, it would have meant that Breivik could not be sentenced to a prison term. The prosecution could instead have requested that he be detained in a psychiatric hospital. Medical advice would then have determined whether or not the courts decided to release him at some later point. If considered a perpetual danger to society, Breivik could have been kept in confinement for life. Shortly after the second period of pre-trial psychiatric observation was begun, the prosecution said it expected Breivik would be declared legally insane. On 10 April 2012, the second psychiatric evaluation was published with the conclusion that Breivik was not psychotic during the attacks and he was not psychotic during their evaluation. Instead, they diagnosed antisocial personality disorder and narcissistic personality disorder. Breivik expressed hope at being declared sane in a letter sent to several Norwegian newspapers shortly before his trial, he wrote about the prospect of being sent to a psychiatric ward: "I must admit this is the worst thing that could have happened to me as it is the ultimate humiliation. To send a political activist to a mental hospital is more sadistic and evil than to kill him! It is a fate worse than death."


On 8 June 2012, Professor of Psychiatry Ulrik Fredrik Malt testified in court as an expert witness, saying he found it unlikely that Breivik had schizophrenia. According to Malt, Breivik primarily suffered from Asperger syndrome, Tourette syndrome, narcissistic personality disorder and possibly paranoid psychosis. Malt cited a number of factors in support of his diagnoses, including deviant behavior as a child, extreme specialization in Breivik's study of weapons and bomb technology, strange facial expression, a remarkable way of talking, and an obsession with numbers. Eirik Johannesen disagreed, concluding that Breivik was lying and was not delusional or psychotic. Johannesen had observed and spoken to Breivik for more than 20 hours.


Pre-trial hearing


In the pre-trial hearing, February 2012, Breivik read a prepared statement demanding to be released and treated as a hero for his "pre-emptive attack against traitors" accused of planning cultural genocide. He said, "They are committing, or planning to commit, cultural destruction, including deconstruction of the Norwegian ethnic group and deconstruction of Norwegian culture. This is the same as ethnic cleansing."


Criminal trial and conviction


The criminal trial of Breivik began on 16 April 2012 in Oslo Courthouse under the jurisdiction of Oslo District Court. The appointed prosecutors were Inga Bejer Engh and Svein Holden with Geir Lippestad serving as Breivik's lead counsel for the defense. Closing arguments were held on 22 June.


On 24 August 2012, Breivik was adjudged sane and sentenced to containment—a special form of a prison sentence that can be extended indefinitely; with an approximate period of 21 years and a minimum time of 10 years, the maximum penalty in Norway. Breivik did not appeal and on 8 September media announced that the verdict was final.


The court said "many people share Breivik's conspiracy theory, including the Eurabia theory. The court finds that very few people, however, share Breivik's idea that the alleged 'Islamization' should be fought with terror."


Prison life


Since August 2011, Breivik has been imprisoned in an SHS section (a prison section with "particularly high security"—særlig høy sikkerhet). Between the inception of SHS, in 2002, and 2016 Norway had only imprisoned ten or eleven prisoners under these conditions, of which Breivik's term has been the longest.


He is imprisoned at Skien Prison, formally known as Telemark fengsel, Skien avdeling, in Skien, county Vestfold og Telemark. On 23 July 2012 he transferred from Ila Detention and Security Prison in Bærum to Skien; on 28 September 2012 he transferred back to "Ila"; since September 2013 he has been back in Skien.


Since 2015 or March 2014 Breivik has received visits from a prison visitor — a military chaplain (ranked major) — every two weeks; this visitor has been paid 164,000 Norwegian kroner, by the government as of 1 January 2016, in regard to [visiting] Breivik. His mother visited him five times before her death in 2013 and researcher Mattias Gardell interviewed Breivik in 2014, but no other visitors requested by Breivik have been granted access.


He is isolated from the other inmates, and only has contact with health care workers and guards. The type of isolation that Breivik has experienced in prison is what the European Court of Human Rights (ECtHR) calls relative social isolation, according to a verdict of 2016 in Oslo District Court. In Europe it is not uncommon to grant compensatory measures to prisoners that are being held in isolation for several years. As of 2016, he has an electric typewriter and an Xbox (without internet connection) in his cell. Previously, when the original verdict was upheld in September 2012, his permission for access to a computer (without internet) in his prison cell ended.


He has been enrolled since 2015 in the bachelor's degree program in political science at the University of Oslo; he passed two courses that year; he does not have internet access. In 2015 he claimed in a letter that harsh prison conditions had forced him to drop out of the course. According to a March 2016 statement by his lawyer, Øystein Storrvik [no], Breivik had become a Nazi in prison.


Political activity and attempts at correspondence


In 2012, Breivik planned to set up an organization he called the Conservative Revolutionary Movement which he envisioned consisting of around 50 right-wing activists in Europe, as well as an organization for imprisoned right-wing activists; Breivik has written to, among others, Peter Mangs and Beate Zschäpe. In 2012 he spent 8–10 hours per day writing. He has said that he wants to write three books: the first being his own account of the events on the day of the attacks, the second discussing the ideology underlying his actions, and a third on his visions for the future.


Since 2013 Breivik has been held at Skien Prison. As with all convicts his letters are vetted before sending to prevent further crimes or hate attacks. After he came to Skien Prison, 5 out of 300 letters that he had sent had not been confiscated, he testified in court in 2016. He added, "Of the 200 forms regarding prison visits that I have mailed, all have been confiscated." By 2016 around 4,000 postal items had been sent to or from Breivik, and about 15 percent of these (600 items) had been confiscated. On 11 March 2016 political scientist Ingeborg Kjos was copied in on a letter from Breivik to the Ministry of Justice that had taken over a year and a half to reach her; the letter did not advocate violence.


Politicians from several Norwegian parties have protested Breivik's activities in prison, which they see as him continuing to expose his ideology and possibly encouraging further criminal acts.


Complaints about prison conditions


In November 2012, Breivik wrote a 27-page letter of complaint to the prison authorities about the security restrictions he was being held under, claiming that the prison director personally wanted to punish him. Among his complaints were that his cell is not adequately heated and he has to wear three layers of clothing to stay warm, guards interfere with his strictly-planned daily schedule, his cell is poorly decorated and has no view, his reading lamp is inadequate, guards supervise him while he is brushing his teeth and shaving and put indirect mental pressure on him to finish quickly by tapping their feet while waiting, he is "not having candy" and is served cold coffee, and he is strip-searched daily, sometimes by female guards. Authorities only lifted one minor restriction against Breivik; his rubber safety pen, which he described as an "almost indescribable manifestation of sadism," was replaced with an ordinary pen.


In letters to foreign media outlets he told about his demands (in 2013) to prison authorities "including easier communication with the outside world and a PlayStation 3 to replace the current PlayStation 2, because it offers more suitable games"; media reported in 2014 about demands that he would starve himself to death if refused "access to a sofa and a bigger gym"; furthermore he said that "Other inmates have access to adult games while I only have the right to play less interesting kids' games. One example is "Rayman Revolution", a game aimed at three year-olds," Breivik complained to prison officials."


In September 2015, Breivik again threatened a hunger strike, because of deteriorating prison conditions, but delayed in order to sue the Norwegian Government over prison conditions.


Civil trial against Norway's government


During 15—18 March 2016, Breivik was the plaintiff in a civil trial against the government. The verdict was appealed; the appellate court rendered its verdict, and the supreme court decided not to hear the case.


Breivik sued the government over his solitary confinement, and his general conditions of imprisonment, including a claim of an excessive use of handcuffs. Breivik claimed that his solitary confinement violated his human rights and asserted that he had been subjected to "degrading treatment, including hundreds of strip searches and frequent searches of his cell, including at night."


The Parliamentary Ombudsman had previously reported that the regimen for serving a prison sentence at the level of particularly high security" constitutes a heightened risk of inhumane treatment.


On 14 March, members of the court performed a walk-thru of prison cells used by Breivik at Ila Prison; later the same week the members of the court inspected the prison facilities used by Breivik at Skien Prison. No members of the press were permitted to join the walk-thru, as per decisions by Oslo District Court.


On 15 March, Oslo District Court convened inside Skien Prison. Upon arrival, after police removed his handcuffs, Breivik shook hands with his lawyers, and thereafter faced the gallery and performed a Nazi-style salute; one judge said that Breivik's salute seems disruptive, "therefore I wish that you don't do it again". A lawyer from the Office of the Attorney General said that of Breivik's incoming and outgoing mail, through the postal system, around 15 percent (or 600 pieces of mail out of around 4,000) had been confiscated. Øystein Storrvik, the head of Breivik's legal team, told the court about Breivik's letter of complaint to the government in 2012 which detailed being awakened by flashlight as often as every half-hour.


Parts of the trial proceedings were to be closed to the general public; Oslo District Court ruled twice on the matter, according to news media.


Breivik's testimony


On 16 March, Breivik started his testimony, "to give his view on the strict prison regimen [that he is exposed to] and any damage done to his health while in prison as a cause of isolation". He reported having been handcuffed 3,500 times.


The main points of his testimony were:


He had been subjected to a "grip manoeuvre" 2,300 times—where he put his hands through the slot of the door to his prison cell, and his hands had been held in place by a prison officer while the door has been swung open. Breivik described these two forms of "extra punishment", saying: "it is quite demeaning to be exposed to this every day, so I countered by not leaving my prison cell. I did not want to exercise in the fresh air, [I did not want to] train, or use my study [prison-] cell."


On paper he had three prison cells, but because of the government's actions he hardly used the training cell and the study cell.


Prison officers at Ila Prison were not to speak to him during his [first] stay there, and this was the case for parts of his stay at Skien [prison]; only the chief of the section was supposed to speak to Breivik. Furthermore, Breivik had not said "no" to the prison offering him activities such as playing floorball or chess, but asked to be offered other activities. He said that starting in March 2014 he finally received the one hour of fellowship with prison officers; he said that claims had been made that he was allowed to prepare food, but that he was permitted only to press an egg cooker, and was not permitted to put frozen pizza in the oven—that he had only done once.


He still received a prison visitor twice a month—an officer of the Norwegian Armed Forces.


Regarding recreation in fresh air, Breivik said: "Until December 2015 all outdoors recreation was in a concrete box. In December 2015, probably because of the upcoming trial, I was permitted to walk 20 minutes in the outdoors recreation area. A couple of times later I was permitted [again]. Thereafter I was permitted to recreate there every other week."


Regarding being awoken at night, Breivik said: "There are inspections through the slot [of the door to the prison cell] every 40 minutes. Every time the slot was opened they demanded a sign of life. They wanted me to shake a leg every time the slot opened". He felt humiliated that the prison officers made such a demand and said "They shined a flashlight into the bed, depending on the prison officer. Called into the cell Are you alive, are you alive, until I woke up. Then they had the sign of life that they needed. Countless times I was awoken at night."


After he came to Skien Prison, only 5 out of 300 letters that Breivik sent, had not been confiscated. He added, "Of the 200 forms regarding prison visits that I have mailed, all have been confiscated."


In 2015 he was told that he would be locked into an isolation cell for 23 hours a day; the decision was reversed in December 2015, weeks after the visit by the Parliamentary Ombudsman.


Breivik said that "Dark film on all the windows has prevented natural light, and it is not possible to see anything outside during large parts of the winter months of the year."


Breivik testified about how the authorities prevent him from buying postage stamps, and how Skien Prison has confiscated envelopes [where the stamps are] worth several thousand Norwegian kroner.


Breivik told about having to wait a long time after having asked for [the prison officers to present his] toothbrush, or asked [the prison officers] about turning off the TV switch; "This low-level terrorizing continued for two years until" his transfer to Skien [prison].


Breivik testified that he had to drink cold coffee because he was not permitted to have a thermos; Breivik has also complained about announcements over the PA system at Ila, including that each message was repeated such as Now it's time for outdoors recreation, it's time for outdoors recreation; the PA system was eventually switched off in Breivik's section [at the prison].


Breivik says that he had not been permitted to publish his correct mailing address.


Breivik said that "It is important that Oslo District Court says what types of addressees [pertaining to the postal system] are permissible." He added that media [outlets] that he has access to are Aftenposten, Dagen, TA and Varden, and broadcast Teletext on several channels; he would read other newspapers if he had such access, "Klassekampen is perhaps even more interesting than Aftenposten."


Breivik testified that after two years in isolation he has started to love Paradise Hotel, which he says is evidence that he has become seriously brain damaged.


Breivik said that "Isolation is the most effective way to radicalize people because one never gets corrected by others."


Breivik talked about the parties NFP and NL; he said that those later changed name to ["Nordic State" or] Nordiske stat.


Cross-examination of witnesses


The first witness, Randi Rosenqvist, a psychiatrist at Ila Prison, was cross-examined by Storrvik. Storrvik asked if she had suggested visits without a glass wall; Rosenqvist replied: "Yes I have discussed this. I have been thinking that visits without a glass wall could be something [to consider]. I don't think that with his image, he would be violent to someone he has [some sort of] a [working-] relationship to." Storrvik read out loud, recommendations by Rosenqvist, including "Retired police officers could, for example, come [to socialize with Breivik], drink coffee, play games".


At the start of the third day of the trial, Storrvik introduced a report from the "prevention section" at [the office of] the Parliamentary Ombudsman, dated 11 November 2015, regarding a series of visits that year by the ombudsman; the report said that Breivik was being held at a section where sometimes there was only one prisoner. Storrvik read from the report that "The limitations on visits at the time of the inspection [by the Parliamentary Ombudsman] seemed quite strict". He said that in that section of the prison, it should expand the planned [fellowship or] community between prisoners and employees and consider other measures to minimize the risk of isolation damage. At that section the prison should evaluate alternative possibilities for recreation in fresh air, in addition to the concrete exercise yard. The report recommended that the prison should discontinue the visual surveillance of health-related conversations that occur with a glass wall between prisoner and health personnel. (Despite The Parliamentary Ombudsman being called as a witness, no one from the office was forced to testify in court, and no one from that office testified.)


The second witness was Knut Bjarkeid, Chief Warden at Ila Prison. Storrvik confronted Bjarkeid with a document regarding [prison] Section G being turned [in part] into a "particularly high security department". He read: "There are obvious limits to how long he can be in Section G"; the document was written by Bjarkeid. Storrvik said that "The words are here, obviously there are limits to how long he shall be isolated. This was in 2012. He is still in total isolation". After Bjarkeid left the witness stand, Emberland read out loud from a letter that Breivik had written, dated 29 September 2013; in the letter Breivik reported several persons to the police; the Asker and Bærum Police District investigated and later dropped the investigation; Breivik's letter detailed the number of strip searches, "grip manoeuvres", and handcuffings he had undergone.


The third witness was Bjørn Draugedalen, a general practitioner working one day per week at Skien Prison. His first consultation with Breivik was held in a recreation room in avdeling for særlig høy sikkerhet, a high-security unit. Draugedalen shook hands with Breivik, with five prison officers present; all the later consultations (until the trial) were held with a glass wall separating them. Storrvik asked "This change, when another prisoner arrived [and started to live in the same prison section], which resulted in Breivik's movement being restricted—did you consider to go up there to view [his living conditions or] how things were"?; Draugedalen answered "We have to deal with changes done by the Corrections Services". The judge interjected, and she said that the Correction Services likely would listen to health care workers; Draugedalen replied that "We did not see any extra value then, regarding visiting him in the [prison] section". At 12:36 Draugedalen said that he has not been notified that Breivik has discontinued his [college/university] studies.


The fourth witness was Haukeland, an MD for prisoners at Ila Prison. At 13:46 Storrvik read from [Breivik's medical] record dated 5 February 2013 that Breivik intends to recreate less in fresh air because of the strip searches that follow; Storrvik asked Haukeland: "The fact that he goes outside less, to avoid being strip searched, was that discussed as a problem?; Haukeland answered "No, that was not discussed [among the health care workers or] in the health section". At 13:51 the judge referred to nightly inspections every half hour, and Haukeland answers that he cannot remember; the judge asked "Were you the ones who recommended that"?; Haukeland replied "No (...)".


The next witness was Margit Kise, a section leader at Skien Prison. The sixth witness was Tore Stenshagen, also a section leader at Skien, who served during the third quarter of 2015. Stenshagen testified that sometimes he sits down [in Breivik's cell] and talks with Breivik, and sometimes they are accompanied by only one prison officer.


The last witness was Jørgen Spangen Iversen, an advisor at the Correctional Agency. Iversen was asked why Breivik was transferred to Skien rather than to Ringerike Prison; Iversen answered that he became a case-worker in 2014, and he was not involved in the transfer.


Closing arguments


Summing up the case for Breivik, Storrvik said: "For some reason, in Norway it has been established that in a female prison, a male prison officer cannot strip search a prisoner, but in a male prison it is ok that females are present. This is offensive—I do not see any alternatives". He then talked about the case of strip searches of prisoner Piechowicz in Poland. In that case the court was not convinced by the Polish government's arguments that the systematic, humiliating, daily searches were necessary to secure the prison. He continued: "He was also awoken at night, but he had 147 visits that compensated", and Piechowicz's isolation lasted for a shorter period; Storrvik said: "Note that one calls it isolation, even though he had one cellmate". Storrvik said that "the verdict [of] Piechowicz vs. Poland point to a breach of EMK in our case".


Storrvik said: "In my opinion there is not a complete concurrence between risk analyses and measures in our case. Risk analyses have at an early stage come with suggestions for measures [and these have not been followed up] (...) For example, removing the glass wall during visits and the possibility of introducing fellow prisoner, has been discussed at such an early stage that there should be a good reason for why Rosenqvist's advice has not been followed". Storrvik said that "The main problem for the government in this case is that the discrepancies between well-founded—in the context of security—suggestions from one of those who knows this case the best has not been followed".


Storrvik compared Breivik's position as a Catch-22 situation: if Breivik says that he has psychiatric problems, then he has picked them out of a book; if he says that he doesn't have psychiatric problems, then he doesn't have psychiatric problems.


Storrvik said that there had been no inspections by agencies tasked with oversight, as far as he knew, until the Parliamentary Ombudsman came. Breivik's lawyer referred to anal inspections [—visual or manual body cavity searches]; he disagreed with Emberland's view that there was a difference regarding anal inspection as referred to in ECHR verdicts in other cases, and the squats that Breivik must perform while naked; Storrvik's opinion is that Ila lacks concrete reasons for all the inspections.


Mestad said that "The government's primary task is to protect its citizens. To let a convicted terrorist establish a network, is dangerous".


Storrvik said Breivik's [previous] verdict "indicates a mental vulnerability. If that is not enough, Breivik appears—by my standards—confused in court".


Storrvik added that [in his usage] "mental vulnerability is a very, very weak expression".


Emberland said that "Storrvik is quoting from the dissenting opinions from verdicts of the ECHR"—at least as much as he is quoting the majority opinions of the verdicts.


On 18 March 2016 after the court was adjourned, the room where the trial had been held was turned back into the prison gymnasium.


Reactions (out of court) to Breivik's testimony


Breivik's testimony about his ideology was described as incoherent.


In Dagbladet, Aina Sundt Gullhaugen (research advisor and psychologist) said about prison superintendent Bjarkeid's opinion that Breivik is not one of the prisoners at Ila suffering [from isolation]: "And surely it is an ugly sight when humans in the basement at Ila smear feces on the walls and no longer are oriented about themselves, time or place. But those who think that Breivik is not suffering have made themselves unavailable for the documented pain that Anders partook in [during childhood] ... The problem is that Breivik ... expresses his affliction in a manner that does not get captured particularly well by diagnostics manuals. The type of fundamental relational and emotional deficiencies that Breivik was allowed to develop, usually results in that person ending up speaking a language that others don't recognize".


In Aftenposten, Ulrik Fredrik Malt [expert witness at the 2012 trial] said that "the mass murderer is mentally quite ill, and that's being under-communicated".


Verdict in lower court


On 20 April 2016 District Court Judge Helen Andenæs Sekulic gave her verdict. The verdict said that the conditions of his imprisonment breached Article 3 of the European Convention on Human Rights, but that Article 8 of the Convention had not been violated—confiscation of letters had been justified. The government was also ordered to pay Norwegian kroner 330,937.5 ($40,373) for the plaintiff's legal expenses incurred by the court case. (Breivik could not receive the money, but his lawyer could upon the verdict being upheld.) Breivik was not in any courtroom when he received the verdict; media said that his copy would be faxed [to the prison].


Reactions to verdict


On 21 April 2016 news media said that Ole Kristoffer Borhaug, chief warden at Skien Prison, said that the prison regimen for Breivik would not be lightened, in part because the verdict has not been officially upheld, and there are regulations preventing high security prisoners from interacting with prisoners of other categories.


Other reactions to the verdict include those of former convicts: Kjell Alrich Schumann said that the verdict is most importantly about the principles regarding the application of isolation in Norwegian prisons; he added that "The decisions are evaluated by an entity at Correctional Service every six months, and they can use any kinds of arguments. There is no oversight"; Sven-Eirik Utsi said that "isolation [is something that the prison system of] Norway has been criticized about for several decades [by the ECtHR]".


The government's chief lawyer in the trial, Marius Emberland, had voiced his opinion about the verdict before the appeal; his opinion was criticized by the leader of the Norwegian Judges' Association, Ingjerd Thune: "I clearly understand that many react. I have never heard a lawyer speak in that manner—ever. That was surprising"; lawyer Frode Sulland said that one gets the impression that Office of the Attorney General "does not respect the justice system, and they still think that they are right, even when the court thinks they are wrong"; Emberland eventually recognized that some of his verbal comments can be interpreted as arrogant, adding that "They really weren't meant that way".


Legal scholar Mads Andenæs, said that "The appeal has no bearing on the responsibility of the government to evaluate and make the changes that the verdict of Oslo District Court imposes the government to do. This results directly from Norwegian Law and practices of EctHR".


Loss on appeal


On 5 August, media said that Storrvik claims that the judge [scheduled to rule in the trial] is partial; the judge was recused.


The appeal was heard in Borgarting Court of Appeal (convening within the prison), starting 10 January 2017; Breivik came to court without handcuffs.


Storrvik made comparisons with verdicts at European Court of Human Rights, including the case of the leader of PKK (Abdullah Öcalan); that court found that Öcalan's human rights had been violated from the 6th year of his sentence - until the 10th year [... when his isolation ended, and fellowship with other prisoners was permitted].


The verdict, handed down on 1 March 2017, stated that solitary confinement did not violate Breivik's rights, and all recommendations were voided.


On 8 June 2017, Norway's Supreme Court decided not to hear the case.


Financing of legal aid; family situation


As of 2016, Breivik is still receiving pro bono legal aid from the law firm of Øystein Storrvik; previously the firm of Geir Lippestad did pro bono representation of Breivik (after the 2012 trial). Legal aid during criminal trials has been paid by the government, as is the norm in the country.


On 23 March 2013, Breivik's mother died from complications from cancer. On the same day media said that mother and son "took farewell during a meeting at Ila last week. Breivik was permitted to move himself out from behind the glass wall of the visit room—to give his mother a farewell hug". Breivik had asked for permission from the prison officials to attend his mother's funeral service; the request was rejected.


Writings and video


Forums and Youtube


Janne Kristiansen, then Chief of the Norwegian Police Security Service (PST), said Breivik "deliberately desisted from violent exhortations on the net [and] has more or less been a moderate, and has neither been part of any extremist network." He is reported to have written many posts on the Islam-critical website document.no. He also attended a meeting of "Documents venner" (Friends of Document), affiliated with the website, in late 2009. Due to the media attention on his Internet activity following the 2011 attacks, document.no compiled a complete list of comments made by Breivik on its website between September 2009 and June 2010.


A Dagens Næringsliv article said that Breivik sought to start a Norwegian version of the Tea Party movement in cooperation with the owners of document.no, but that they, after expressing initial interest, turned down his proposal because he did not have the contacts he promised.


Six hours before the attacks, Breivik posted a picture of himself as a Knight Templar officer in a uniform festooned with a gold aiguillette and multiple medals he had not been awarded. In the video he put an animation depicting Islam as a trojan horse in Europe. The video, which promotes fighting against Islam, shows Breivik wearing a wetsuit and holding an automatic weapon.


Manifesto: 2083: A European Declaration of Independence


Content


Breivik prepared a document titled 2083: A European Declaration of Independence. It has 1,518 pages, credited to "Andrew Berwick" (an Anglicization of Breivik's name). Breivik admitted in court that it was mostly other people's writings he had copied and pasted from different websites. The file was e-mailed to 1,003 addresses about 90 minutes before the bomb blast in Oslo. The document describes two years of preparation of unspecified attacks, supposedly planned for late 2011, involving a rented Volkswagen Crafter van (small enough not to require a truck driving license) loaded with 1,160 kilograms (2,560 lb) of ammonium nitrate/fuel oil explosive (ANFO), a Ruger Mini-14 semi-automatic rifle, a Glock 34 pistol, personal armour including a shield, caltrops, and police insignias. It also reports that Breivik spent thousands of hours gathering email addresses from Facebook for distribution of the document, and that he rented a farm as a cover for a fake farming company buying fertilizer (3 tons for producing explosives and 3 tons of a harmless kind to avoid suspicion) and as a lab. It describes burying a crate with the armour in the woods in July 2010, collecting it on 4 July 2011, and abandoning his plan to replace it with survival gear because he did not have a second pistol. It also expresses support for far-right groups such as the English Defence League and paramilitaries such as the Scorpions.


In the introductory chapter of the manifesto defining "cultural Marxism" in the Frankfurt School conspiracy theory sense is a copy of Political Correctness: A Short History of an Ideology by Paul Weyrich's Free Congress Foundation. Major parts of the compendium are attributed to the pseudonymous Norwegian blogger Fjordman. The text also copies sections of the Unabomber manifesto, without giving credit, while replacing the words "leftists" with "cultural Marxists" and "black people" with "muslims". The New York Times described American influences in the writings, noting that the compendium mentions the anti-Islamist American Robert Spencer 64 times and cites Spencer's works at great length. The work of Bat Ye'or is frequently cited. Conservative blogger Pamela Geller is also mentioned as a source of inspiration. Breivik blames feminism for allowing the erosion of the fabric of European society and advocates a restoration of patriarchy which he claims would save European culture.


India, and in particular Hindu nationalism, figures repeatedly in the manifesto where he expresses praise and admiration for Hindu nationalist groups. He claimed to have attempted to reach out to Indians through email & Facebook. In his writings Breivik also states that he wants to see European policies on multiculturalism and immigration more similar to those of Japan, South Korea and Taiwan which he said are "not far from cultural conservatism and nationalism at its best". He expressed his admiration for the "monoculturalism" of Japan and for Japan and South Korea's refusal to accept refugees. The Jerusalem Post describes his support for Israel as a "far-right Zionism". He calls all "nationalists" to join in the struggle against "cultural Marxists/multiculturalists".


He also expressed his admiration of the Russian Prime Minister Vladimir Putin, finding him "a fair and resolute leader worthy of respect", though he was "unsure at this point whether he has the potential to be our best friend or our worst enemy." Putin's spokesman Dmitri Peskov has denounced Breivik's actions as the "delirium of a madman".


Analysis


Benjamin R. Teitelbaum, former professor of Nordic Studies (current professor of musicology) at University of Colorado, argues that several parts of the manifesto suggest that Breivik was concerned about race, not only about Western culture or Christianity, labeling him as a white nationalist.


Thomas Hegghammer of the Norwegian Defence Research Establishment has described the ideologies of Breivik as "not fitting the established categories of right-wing ideology, like white supremacism, ultra-nationalism or Christian fundamentalism", but more akin to macro-nationalism and a "new doctrine of civilizational war". Norwegian social scientist Lars Gule characterized Breivik as a "national conservative, not a Nazi". Pepe Egger of the think-tank Exclusive Analysis says "the bizarre thing is that his ideas, as Islamophobic as they are, are almost mainstream in many European countries".


In one section of the manifesto titled "Battlefield Wikipedia", Breivik explains the importance of using Wikipedia as a venue for disseminating views and information to the general public, although the Norwegian professor Arnulf Hagen claims that this was a document that he had copied from another author and that Breivik was unlikely to be a contributor to Wikipedia. According to the leader of the Norwegian chapter of the Wikimedia Foundation an account has been identified which they believe Breivik used. On the second day of his trial Breivik cited Wikipedia as the main source for his worldview.


Influence


Breivik's manifesto 2083: A European Declaration of Independence circulated in online fascist forums where strategies were set and tactics debated. In an essay called "Right-wing terrorism as folk activism," neoreactionary blogger Curtis Yarvin wrote about Breivik, "No one who condones Che, Stalin, Mao, or any other leftist murderer, has any right to ask anyone else to dissociate himself from a rightist who didn't even make triple digits" (did not murder more than a hundred people). Australian terrorist Brenton Harrison Tarrant who killed 51 people (all Muslims) and injured 50 more during the Christchurch mosque shootings at Al Noor Mosque and Linwood Islamic Center in Christchurch, New Zealand, mentioned Breivik in his manifesto The Great Replacement as one of the far-right mass murderers and killers he supports and said "But only really took true inspiration from Knight Justiciar Breivik" even going as far as to claim "brief contact" with him and his organization Knights' Templar.


Beliefs


Breivik had been active on several anti-Islamic and nationalist blogs, including document.no, and was a regular reader of Gates of Vienna, the Brussels Journal and Jihad Watch. Breivik has frequently praised the writings of blogger Fjordman. He used Fjordman's thinking to justify his actions, citing him 111 times in the manifesto.


After studying several militant groups, including the IRA, ETA and others, Breivik suggests far-right militants should adopt al-Qaeda's methods, learn from their success, and avoid their mistakes. Breivik described al-Qaeda as the "most successful revolutionary force in the world" and praised their "cult of martyrdom".


In a letter sent by Breivik to international media in January 2014, Breivik states that he exploited "counter-jihadist" rhetoric in order to protect "ethno-nationalists" and start a media hunt against "anti-nationalist counter-jihadist"-supporters, in a strategy he calls "double psychology". Breivik further states that he strives for a "pure Nordic ideal", advocating the establishment of a similar party in Norway to the (now-defunct) neo-Nazi Party of the Swedes, and identifying himself as a part of "Western Europe's fascist movement". Moreover, he states that his "support" for Israel is limited for it to function as a place to deport "disloyal Jews". During the trial in 2012, Breivik listed as his influences a number of neo-Nazi activists, as well as perpetrators of attacks against immigrants and leftists, considering them "heroes".


Religious views


Following his apprehension, Breivik was characterized by analysts as being a right-wing extremist with anti-Muslim views and a deep-seated hatred of Islam, who considered himself a knight dedicated to stemming the tide of Muslim immigration into Europe. At the same time, Breivik said both during his trial and in his manifesto to have been inspired by jihadist groups such as al-Qaeda, and stated his willingness to work with groups like al-Qaeda, al-Shabaab and Iran in order to conduct attacks with weapons of mass destruction against Western targets.


He was at first described by many in the media as a Christian fundamentalist, Christian terrorist, and nationalist. He states that the European Union is a project to create "Eurabia" and describes the 1999 NATO bombing of Yugoslavia as being authorized by "criminal western European and American leaders". In his writings Breivik states that "the Battle of Vienna in 1683 should be celebrated as the Independence Day for all Western Europeans as it was the beginning of the end for the second Islamic wave of Jihads". The manifesto urges the Hindu nationalists to drive Muslims out of India. It demands the forced deportation of all Muslims from Europe, based on the model of the Beneš decrees.


His religious faith is Odinism. While Breivik was frequently described as a "Christian fundamentalist", such assertion was disputed in a number of sources, and Breivik denied it, saying in letters to Norwegian newspaper Dagen that he "is not, and has never been a Christian", and that he thinks there are few things in the world more "pathetic" than "the Jesus-figure and his message". He said he prays and sacrifices to Odin, and identifies his religion as Odinism.


Links to organizations


Shooting club


Breivik was an active member of an Oslo shooting club between 2005 and 2007, and since 2010. According to the club, which banned him for life after the attacks, Breivik took part in 13 organized training sessions and one competition since June 2010. The club states that it does not evaluate the members' suitability regarding possession of weapons.


Freemasons


At the time of the attacks, Breivik was a member of the Lodge of St. Olaf at the Three Columns in Oslo and had displayed photographs of himself in partial Masonic regalia on his Facebook profile. In interviews after the attacks, his lodge said it had only minimal contact with him, and that when made aware of Breivik's membership, Grand Master of the Norwegian Order of Freemasons, Ivar A. Skaar, issued an edict immediately excluding him from the fraternity based upon the acts he carried out and the values that appear to have motivated them. According to the Lodge records, Breivik took part in a total of four meetings between his initiation in February 2007 and his exclusion from the order (one each to receive the first, second, and third degrees, and one other meeting) and held no offices or functions within the Lodge. Skaar said that although Breivik was a member of the Order, his actions showed that he was in no way a Mason.


Progress Party


Breivik became a member of the Progress Party (FrP) in 1999. He paid his membership dues for the last time in 2004, and was removed from the membership lists in 2006.


During his time in the Progress Party, he held two positions in the Progress Party's youth organization FpU: he was the chair of the local Vest Oslo branch from January to October 2002, and a member of the board of the same branch from October 2002 till November 2004.


After the attack, the Progress Party immediately distanced itself from Breivik's actions and ideas. At a 2013 press conference Ketil Solvik-Olsen said that Breivik "left us [the party] because we were too liberal".


English Defence League (EDL)


Breivik claimed he had contact with the far-right English Defence League (EDL), a movement in the United Kingdom that has been accused of Islamophobia. He allegedly had extensive links with senior EDL members and wrote that he attended an EDL demonstration in Bradford. On 26 July 2011, EDL leader Tommy Robinson denounced Breivik and his attacks and has denied any official links with him.


On 31 July 2011, Interpol asked Maltese police to investigate Paul Ray, a former EDL member who blogs under the name "Lionheart." Ray conceded that he may have been an inspiration for Breivik, but deplored his actions.


In an online discussion on the Norwegian website Document.no on 6 December 2009, Breivik proposed to establish a Norwegian version of the EDL. Breivik saw this as the only way to stop left-wing radical groups like Blitz and SOS Rasisme from "harassing" Norwegian cultural conservatives.[291] Following the establishment of the European Defence League, the Norwegian Defence League (NDL) launched in 2010. Breivik indeed became a member of this organization under the pseudonym "Sigurd Jorsalfar". Former head of the NDL, Lena Andreassen, claims that Breivik was ejected from the organization when she took over as leader in March 2011 because he was too extreme.


Knights Templar


In his manifesto and during interrogation, Breivik claimed membership in an "international Christian military order", which he calls the new Pauperes commilitones Christi Templique Solomonici (PCCTS, Knights Templar). According to Breivik, the order was established as an "anti-Jihad crusader-organization" that "fights" against "Islamic suppression" in London in April 2002 by nine men: two Englishmen, a Frenchman, a German, a Dutchman, a Greek, a Russian, a Norwegian (apparently Breivik), and a Serb (supposedly the initiator, not present, but represented by Breivik). The compendium gives a "2008 estimate" that there are between 15 and 80 "Justiciar Knights" in Western Europe, and an unknown number of civilian members, and Breivik expects the order to take political and military control of Western Europe.


Breivik gives his own code name in the organization as Sigurd and that of his assigned "mentor" as Richard, after the twelfth-century crusaders and kings Sigurd Jorsalfar of Norway and Richard the Lionheart of England. He calls himself a one-man cell of this organization, and claims that the group has several other cells in Western countries, including two more in Norway. On 2 August 2011 Breivik offered to provide information about these cells, but on unrealistic preconditions.


After an intense investigation assisted internationally by several security agencies, the Norwegian police have not found any evidence that a PCCTS network existed, or that the alleged 2002 London meeting ever took place. The police now view Breivik's claim as a figment of imagination in light of his schizophrenia diagnosis, and are increasingly confident that he had no accessories. The perpetrator still insists he belongs to an order and that his one-man cell was "activated" by another clandestine cell.


On 14 August 2012, several Norwegian politicians and media outlets received an email from someone claiming to be Breivik's "deputy", demanding that Breivik be released, and making more threats against Norwegian society.


Notable related books


On 17 August 2013, journalist Marit Christensen informed the Norwegian press that for the last year of Wenche Behring Breivik's life, she had been her confidant, and that a book based on Christensen's interviews with her would be published as a book in late 2013 under the title The Mother. On 14 September 2013 Verdens Gang said that before Wenche Behring Breivik died, she hired a lawyer to prevent Christensen from publishing the book. The book was nevertheless published in October 2013, and was widely criticized; on the basis of Wenche Behring Breivik's opposition to the book, for inclusion of material not relevant to understanding what motivated her son, and for character assassinations of still living people.


Norwegian author Unni Turrettini's bestselling book The Mystery of the Lone Wolf Killer: Anders Behring Breivik and the Threat of Terror in Plain Sight examines the mind of Breivik and the phenomenon of the lone wolf killer and how they manifest themselves, delving into criminal psychology. Turrettini discusses in her book how these "lone wolves" can be identified only by observation by the communities within which they attempt to form personal connections. The book was winner of the 2016 Killer Nashville Silver Falchion Winner for Best Nonfiction book.