Final Analysis - Catherine Crier [65]
Chapter Fifteen
INCITING EVENTS
On Thursday, October 17, a day after Helen spoke to Detective Costa, Susan sat quietly in the holding cell of the Martinez jail, waiting for officers to escort her to the Walnut Creek Courthouse where she would be formally charged with Felix’s murder. She barely looked up when a uniformed guard unlocked the cell door and admitted a conservatively dressed man.
“I am Dr. Paul Berg,” the man smiled, extending a hand to Susan.
Dr. Berg had been sent to the jail by Contra Costa County prosecutors to form an opinion of Susan’s mental state before the scheduled 2 PM arraignment. At first Susan was compliant, listening intently as the Oakland psychologist explained the psychological evaluation. Even when he informed her that their conversation would not be confidential and his findings would be used in court, Susan agreed to cooperate. “However, she very quickly changed her mind, asking a number of relevant questions, before declining to speak further,” Dr. Berg reported without revealing her concerns.
Obviously, Susan had a firm grasp on the magnitude of her situation. Emerging from the room, the psychologist advised Detective Costa that Susan halted the interview. Still, Dr. Berg said he was able to form an opinion on the suspect. He believed Susan was “sane” and asked “appropriate questions” for a “person in her position”—a person under arrest for murder.
In a confidential letter to Assistant District Attorney (ADA) Tom O’Connor four days later, Dr. Berg reiterated his findings, writing “my observations…were that she was calm, composed, mildly withdrawn, and quite serious-minded. She did not show any obvious signs of mental disturbance, particularly none of any loss of contact with reality or other signs of a Thought Disorder.”
That afternoon, Susan was brought before a judge as scheduled. Handcuffs encircled her thin wrists as she was led to the defendant’s table flanked by armed court officers. She possessed an air of elegance, even when wearing the prison-issue gray sweatshirt and baggy blue slacks. Her short hair was neatly combed and a touch of lipstick defined her lips.
Susan’s voice was barely audible as she stood before Contra Costa County Superior Court Judge Bruce Mills and announced her need for a public defender. There was a sudden interruption from a well-dressed man standing in the gallery.
“Your honor,” the man addressed the judge.
Recognizing the voice immediately, Susan broke into sobs. It was her father, Theodore Bolling. He had come to court to request an adjournment. He had retained a prominent San Francisco attorney, William Osterhoudt, to defend his daughter and wanted the case postponed until the new lawyer could be present in court. Susan stood speechless, tears rolling down her cheeks, as her father addressed the court. Judge Mills agreed to adjourn the case until 1:30 the following afternoon.
Rising to his feet, the prosecutor in the case, ADA Tom O’Connor asked the judge to raise Susan’s bail from the standard $1,050,000 for murder defendants to upwards of $5 million.
“This was an extremely violent murder,” O’Connor said. “The defendant owns substantial property in Orinda as well as in Berkeley. We also know that prior to the homicide, Mrs. Polk had been living out of state.”
O’Connor argued that Susan had substantial financial assets at her disposal and was a flight risk, as well as a danger to the community—especially to her son, Gabriel, who discovered his father’s body in the guesthouse.
Turning to Theodore Bolling, Judge Mills inquired as to whether his daughter would be able to post bail in the next twenty-four hours.
“There is no chance, your honor,” Susan’s tall, dark-haired father replied.
Mills ordered that a bail hearing be scheduled along with the Friday afternoon arraignment.
The following afternoon, Susan was back in court with defense attorney William Osterhoudt by her side.