Latest / True Crime: Killer Confessions / The Notebook That Proved a Hanging Was Murder, Not Suicide
Transcript
- 0:03Speaker 1: The boots were placed in a line, toes pointing toward
- 0:06Speaker 1: the tree, laces tucked in, 14 feet above them, on
- 0:10Speaker 1: a branch of a box elder, along a dry creek bed.
- 0:14Speaker 1: The body of Melvin Rafferty hung in the August heat.
- 0:18Speaker 1: The boots were a size 10, they were his, and
- 0:21Speaker 1: nobody asked how they got there. Kevin Mahler found Melvin
- 0:25Speaker 1: on the morning of August 11, 1992. The investigation that
- 0:28Speaker 1: followed lasted 11 days. A deputy named Frank Stead closed
- 0:35Speaker 1: the case as suicide and wrote in his summary that
- 0:39Speaker 1: the manner of death was consistent with the demographic profile.
- 0:43Speaker 1: Melvin was 22 years old. He was crematees. He had
- 0:47Speaker 1: been measuring fence lines the week before he died. For
- 0:50Speaker 1: nearly 30 years, a woman named Agnes Rafferty wrote letters.
- 0:55Speaker 1: She wrote to the county. She wrote to the state.
- 0:58Speaker 1: She wrote with her right hand until a stroke took
- 1:01Speaker 1: most of its use. After that, her daughter Dorothea wrote instead.
- 1:05Speaker 1: The letters asked one question. How does a man climb
- 1:09Speaker 1: 14 feet into a tree and leave his boots on
- 1:12Speaker 1: the ground below, neatly arranged, laces tucked in? This is
- 1:18Speaker 1: the story of Melvin Rafferty and the notebook that answered
- 1:21Speaker 1: that question. There is something about this case that holds
- 1:25Speaker 1: still and waits. It does not rush. The evidence sat
- 1:30Speaker 1: in evidence bags for 30 years. Witnesses sat on their memories.
- 1:35Speaker 1: A single storage unit in Bain Falls held the piece
- 1:38Speaker 1: of paper that would unravel everything, and the man who
- 1:41Speaker 1: put it there collected his grazing lease payments every season
- 1:45Speaker 1: year after year while Agnes wrote her letters. What follows
- 1:49Speaker 1: is not a story about a system that failed and
- 1:51Speaker 1: then corrected itself. It is a story about one family
- 1:55Speaker 1: that refused to let a fiction stand as fact and
- 1:59Speaker 1: about what happened when the right person finally read a
- 2:01Speaker 1: letter and drove to Whitpine, Montana in November of 21.
- 2:06Speaker 1: Before any of that, you need to know who Melvin was.
- 2:11Speaker 1: Whitpine sits in the valley basin of Tillman County, where
- 2:14Speaker 1: the land goes flat between two long ridgelines and the
- 2:18Speaker 1: sky takes up more of the view than anything else.
- 2:21Speaker 1: In 1992, it was a town of under 900 people,
- 2:25Speaker 1: most of them ranching families or tribal members whose land
- 2:28Speaker 1: holdings traced back through treaty lines that the county had
- 2:31Speaker 1: spent decades quietly contesting. Melvin Rafferty had grown up on
- 2:35Speaker 1: the family parcel. He knew its corners the way other
- 2:38Speaker 1: people know the rooms of their house. His mother Agnes
- 2:42Speaker 1: had raised him and his sister Dorothea there after their
- 2:45Speaker 1: father left. and the land was not property to them
- 2:48Speaker 1: in any abstract sense. It was the thing that held
- 2:51Speaker 1: the family in place. By the summer of 1992, Melvin
- 2:55Speaker 1: was 22. He had not gone far, a few years
- 2:59Speaker 1: in Missoula, some seasonal work, a small apartment in Whitpine proper,
- 3:04Speaker 1: but he came back to the parcel on weekends and
- 3:07Speaker 1: helped his mother with fencing and maintenance. He was quiet
- 3:11Speaker 1: in the way that people who think carefully tend to
- 3:13Speaker 1: be quiet. He kept a notebook, Agnes would later describe
- 3:17Speaker 1: him as someone who noticed things others walked past. He noticed,
- 3:22Speaker 1: that summer, that the eastern fence line of the Rafferty
- 3:25Speaker 1: parcel had moved. Not by much. Enough. The neighbor to
- 3:30Speaker 1: the east was Earl Lawson. Lawson was 51 years old
- 3:34Speaker 1: that summer, the owner of the Lawson Grazing Company, and
- 3:37Speaker 1: had held the grazing lease on land adjacent to the
- 3:40Speaker 1: Rafferty parcel for three decades. He was known in Tillman
- 3:44Speaker 1: County as a man who knew how things worked, and
- 3:47Speaker 1: expected them to work in his favor. Melvin had begun
- 3:50Speaker 1: documenting the fence discrepancies in May of that year. He
- 3:54Speaker 1: drew maps by hand. He recorded GPS coordinates. He logged
- 3:59Speaker 1: each intrusion with a date. By August the notebook held
- 4:02Speaker 1: 47 pages of evidence that the eastern fence line had
- 4:05Speaker 1: been shifted incrementally onto Rafferty Land, and Melvin had not
- 4:09Speaker 1: stopped walking that line. His great-uncle Clarence Twobirds lived in
- 4:14Speaker 1: Bain Falls, about 40 minutes north. Melvin visited him most Tuesdays.
- 4:19Speaker 1: He was there on August 5th, a week before he died.
- 4:22Speaker 1: He did not come the following Tuesday, the 12th. He
- 4:26Speaker 1: came the Tuesday before that August 10th, and when he arrived,
- 4:29Speaker 1: Clarence noticed a bruise along his left jaw. Melvin said
- 4:33Speaker 1: it was a fence post. Clarence was 78 when he
- 4:36Speaker 1: gave his 2022 account online. which made him about 48
- 4:40Speaker 1: in 1992. He had early stage macular degeneration back in 1992,
- 4:46Speaker 1: but he saw the bruise clearly enough. He did not
- 4:49Speaker 1: believe the fence post explanation then. He said Melvin sat
- 4:54Speaker 1: at his kitchen table and told him that Earl Lawson
- 4:58Speaker 1: had confronted him on the access road and told him
- 5:01Speaker 1: to stop measuring, stop writing, and stop walking near the
- 5:05Speaker 1: eastern boundary. Melvin told Clarence he was not going to stop.
- 5:08Speaker 1: That was the last conversation they had. A woman named
- 5:12Speaker 1: Iris Morin worked at Hollis' diner in Whitpine. On the
- 5:16Speaker 1: morning of August 10th, Melvin came in for coffee. She
- 5:20Speaker 1: described him as calm. He mentioned he had a meeting
- 5:23Speaker 1: coming up. Something about the boundary lines. About an hour
- 5:27Speaker 1: after Melvin left, Earl Lawson walked in, asked if Melvin
- 5:31Speaker 1: had been there. and left without ordering anything. Neither Iris
- 5:35Speaker 1: Morin nor Clarence Twilbirds was ever contacted by Deputy Frank
- 5:40Speaker 1: Stead during the 11-day investigation. Their accounts sat with Dorothy Swiftwind,
- 5:46Speaker 1: a tribal liaison officer at the Coldwater Agency who had
- 5:49Speaker 1: conducted her own informal inquiry. The county sheriff told Swiftwind
- 5:54Speaker 1: to stop. Her interviews, Kettler, Morin, Twilbirds, were never submitted
- 5:59Speaker 1: to the county file. They disappeared into a drawer and
- 6:02Speaker 1: stayed there until a letter from Dorothea Rafferty reached the
- 6:06Speaker 1: right desk. Nearly three decades later, what Melvin had written
- 6:10Speaker 1: in that notebook and what Lawson did to keep it
- 6:13Speaker 1: from being read. That is where this story turns. The
- 6:16Speaker 1: notebook was 47 pages long. Melvin had filled it between
- 6:21Speaker 1: May and August of 1992. Hand-drawn maps of the Rafferty
- 6:26Speaker 1: boundary lines, GPS coordinates logged by hand, A running record
- 6:30Speaker 1: of every fence intrusion he had documented since spring. The
- 6:35Speaker 1: last entries track the eastern edge of the parcel, the
- 6:38Speaker 1: section that ran closest to the Lawson Grazing Company's leased pasture.
- 6:43Speaker 1: On the back cover he had written a single instruction.
- 6:45Speaker 1: If something happens, give this to Clarence. He wrote that
- 6:49Speaker 1: before August 10th. The notebook was not found at the scene.
- 6:53Speaker 1: It was not found in his apartment. Deputy Frank Stead
- 6:56Speaker 1: noted in the file that it was, quote, not relevant
- 6:59Speaker 1: to the manner of death. A young man had documented
- 7:03Speaker 1: a land dispute for months, written an explicit contingency note
- 7:06Speaker 1: on the back cover and the investigator decided the document
- 7:09Speaker 1: was irrelevant before he had ever seen it. The boots
- 7:13Speaker 1: told a different story, or would have, if anyone had
- 7:16Speaker 1: thought to ask them. Kevin Muller had described the boots
- 7:19Speaker 1: clearly when he reported finding the body on the morning
- 7:22Speaker 1: of August 11. size 10 work boots placed directly below
- 7:26Speaker 1: the branch, toes pointed toward the trunk, laces tucked in.
- 7:30Speaker 1: Mueller's statement is in the record. The boots are in
- 7:33Speaker 1: the record. What is not in the record is any
- 7:36Speaker 1: mention of the boots instead summary report. He interviewed Mueller.
- 7:40Speaker 1: He lulled the boots into evidence, and then he wrote
- 7:43Speaker 1: a summary that did not mention them at all They
- 7:46Speaker 1: sat in a property bag for nearly 30 years. When
- 7:50Speaker 1: investigators reopened the case in February of 22 and requested
- 7:54Speaker 1: the original physical evidence, the boots were still there, bagged, tagged,
- 8:00Speaker 1: never examined for trace material or soil transfer. A forensic
- 8:04Speaker 1: soil analyst conducted the comparison in March of 22. The
- 8:08Speaker 1: result was specific. Soil embedded in the seam of the
- 8:12Speaker 1: right heel did not match the profile of the ground
- 8:14Speaker 1: directly beneath the box elder tree. It matched the profile
- 8:18Speaker 1: of the access road, the dirt track 200 meters to
- 8:22Speaker 1: the northeast, where Roy Kettler had seen both trucks parked
- 8:26Speaker 1: together at around 4 in the afternoon. On August 10th,
- 8:30Speaker 1: Melvin's boots had been on that road, and then they
- 8:33Speaker 1: were under that tree. The dry stream bed connected the
- 8:37Speaker 1: two points. In August, the clay surface of that bed
- 8:41Speaker 1: hardens enough to hold a boot impression for days. No
- 8:44Speaker 1: one walked that route in 1992 looking for marks. The
- 8:48Speaker 1: medical examiner's report contained one more detail that had been
- 8:51Speaker 1: noted and then quietly set aside. Dr. Philip Odom recorded
- 8:56Speaker 1: minor abrasions on the posterior wrists. He described the origin
- 9:00Speaker 1: as indeterminate, noted no clear pattern, and did not request
- 9:04Speaker 1: a second opinion. He did not flag it as an alert.
- 9:07Speaker 1: The case was closed 11 days after the body was found.
- 9:11Speaker 1: Minor abrasions on both wrists, posterior surface, no clear pattern,
- 9:16Speaker 1: origin indeterminate. That phrase had been sitting in a manila
- 9:20Speaker 1: folder in the Tillman County Records room since August of 1992.
- 9:24Speaker 1: Connie Bennett drove to Whitpine in November of 21, after
- 9:30Speaker 1: reading the letter Dorothea Rafferty had written on her mother's behalf.
- 9:34Speaker 1: Bennett was a land rights attorney with the Northern Plains
- 9:37Speaker 1: Indigenous Justice Coalition in Bain Falls. She had spent the
- 9:42Speaker 1: previous decade in federal treaty litigation. She had read a
- 9:45Speaker 1: great many case files. She read this one in a
- 9:48Speaker 1: single sitting. There is something clarifying about the moment when
- 9:52Speaker 1: a collection of individual failures stops looking like coincidence and
- 9:56Speaker 1: starts looking like a pattern. Bennett filed the Swiftwind interview.
- 10:00Speaker 1: with the Montana Department of Justice in December of 21.
- 10:03Speaker 1: The department opened a formal reinvestigation in February of 22.
- 10:08Speaker 1: The boots went to the lab in March. Investigators submitted
- 10:13Speaker 1: a search warrant for Earl Lawson's property and business records
- 10:16Speaker 1: in April of 22. The first warrant covered the Lawson
- 10:20Speaker 1: Grazing Company's current operations. It produced financial records and lease agreements.
- 10:26Speaker 1: Nothing that closed a loop. The second warrant was more specific.
- 10:30Speaker 1: A storage facility in Bain Falls, the kind of low
- 10:32Speaker 1: cinder block building at the edge of a commercial strip
- 10:35Speaker 1: padlocked roll doors. A ledger of rented units going back decades,
- 10:40Speaker 1: Lawson had leased a unit there since 1990. Investigators opened
- 10:45Speaker 1: it in June of 22. Inside, cardboard boxes, a green
- 10:50Speaker 1: metal lock box, and inside that lock box, a composition notebook,
- 10:55Speaker 1: 47 pages, boundary maps, GPS coordinates, a record of fence
- 11:01Speaker 1: intrusions from May through August of 1992, back cover. If
- 11:06Speaker 1: something happens, give this to Clarence. Three days after the
- 11:10Speaker 1: notebook was found, Earl Lawson confessed. Picture the access road
- 11:15Speaker 1: in the late afternoon of August 10th, 1992. The ground
- 11:19Speaker 1: is baked clay. Two trucks are parked together at the
- 11:22Speaker 1: southeastern corner of the Rafferty parcel. No one else is nearby.
- 11:27Speaker 1: Roy Kettler is moving past on the county road and
- 11:30Speaker 1: notes both vehicles, Melvin's truck and Lawson's white Chevrolet, before
- 11:35Speaker 1: driving on. What happened on that road is now part
- 11:38Speaker 1: of the court record. Because Lawson described it, he said
- 11:41Speaker 1: the encounter began as a warning. He said it turned
- 11:44Speaker 1: into something else. He said it was not planned. Those
- 11:47Speaker 1: are his words, not a finding of premeditation. The court
- 11:51Speaker 1: weighed them against the totality of what followed. The body
- 11:54Speaker 1: moved under cover of night, carried from the road to
- 11:57Speaker 1: the tree along the dry stream bed. The rope, Melvin's
- 12:01Speaker 1: own rope, from his truck, used and then left. The boots,
- 12:05Speaker 1: which had come off during the struggle in the truck bed,
- 12:08Speaker 1: arranged beneath the branch because according to Lawson, he did
- 12:12Speaker 1: not know what else to do with them. He kept
- 12:15Speaker 1: the notebook. One version of this story The version Frankstead's
- 12:19Speaker 1: file implied asked the listener to accept that a 22-year-old
- 12:23Speaker 1: man walked 200 meters from his truck in the dark,
- 12:27Speaker 1: climbed 14 feet into a box elder tree, and hanged himself,
- 12:32Speaker 1: then took his boots off, arranged them neatly below the branch,
- 12:36Speaker 1: tucked the laces in, and left a notebook nowhere anyone
- 12:39Speaker 1: could find it. The soil in the boot heel does
- 12:41Speaker 1: not support that version. The wrist abrasions do not support
- 12:45Speaker 1: that version. Kettler's sighting does not support it. Morin's account
- 12:50Speaker 1: does not support it. Clarence's account of the bruise and
- 12:53Speaker 1: the confrontation does not support it. Melvin's own handwriting on
- 12:57Speaker 1: the back of the notebook does not support it. What
- 13:00Speaker 1: the evidence supports and what the conviction reflects, and is
- 13:04Speaker 1: that the encounter on the access road ended with Melvin
- 13:08Speaker 1: Rafferty's death, that his body was staged. that his body
- 13:12Speaker 1: was staged and that a notebook documenting 30 years of
- 13:16Speaker 1: boundary encroachment was locked in a metal box for 30
- 13:20Speaker 1: years in a storage unit in Bain Falls. There is
- 13:23Speaker 1: one more image that belongs to this record. In 1989,
- 13:28Speaker 1: three years before Melvin died, a 24-year-old man named Victor
- 13:32Speaker 1: Maniclouds was found dead on a grazing boundary road in
- 13:36Speaker 1: Chouteau County. The manner of death was ruled a suicide.
- 13:41Speaker 1: The Lawson Grazing Company held the adjacent lease. Six weeks
- 13:45Speaker 1: after Earl Lawson's arrest, the Manicloud's case was referred to
- 13:49Speaker 1: a federal grand jury. Earl Lawson confessed three days after
- 13:53Speaker 1: the notebook was found. He was 81 years old. He
- 13:57Speaker 1: had lived with the weight of it for 30 years,
- 14:00Speaker 1: and when investigators laid that green metal box on the
- 14:03Speaker 1: table in front of him, he sat for a long
- 14:05Speaker 1: moment and then began to talk. He said the meeting
- 14:08Speaker 1: on the access road on the 10th of August, 1992
- 14:13Speaker 1: started as a warning. He told Melvin to stop measuring,
- 14:16Speaker 1: stop writing, stay away from the Eastern boundary. Melvin refused.
- 14:21Speaker 1: Lawson said it was not planned. He said the words
- 14:24Speaker 1: began as a warning and ended as something else. Then
- 14:27Speaker 1: he described moving the body to the tree in the dark,
- 14:30Speaker 1: carrying it along the dry stream bed. He had used
- 14:33Speaker 1: Melvin's own rope. He had taken the notebook. The boots
- 14:37Speaker 1: had come off during the struggle in the truck bed,
- 14:39Speaker 1: and he had placed them beneath the branch because, in
- 14:42Speaker 1: his words, he did not know what else to do
- 14:45Speaker 1: with them. He had arranged them neatly, tucked the laces in,
- 14:49Speaker 1: then driven away. In July of 22, Earl Lawson was
- 14:53Speaker 1: charged with deliberate homicide in the first degree, Tillman County, Montana.
- 14:58Speaker 1: The jury did not deliberate long. The sentencing hearing produced
- 15:02Speaker 1: one notable exchange. Lawson's defense argued that his age and
- 15:06Speaker 1: reported cognitive decline made a long prison term disproportionate. The
- 15:10Speaker 1: judge rejected that argument without hesitation. The sentence was 40 years.
- 15:15Speaker 1: Parole eligibility would not be considered until 15 years were served.
- 15:20Speaker 1: Lawson was 81 years old at sentencing. Legal analysts described
- 15:25Speaker 1: the sentence as a functional life term. The record reflects
- 15:29Speaker 1: the court understood that Frank Stead, The deputy who closed
- 15:32Speaker 1: the case in 11 days in 1992, who never interviewed
- 15:36Speaker 1: Roy Kettler, never sent Dorothy Swiftwind's statements to the county file,
- 15:41Speaker 1: who wrote the words consistent with the demographic profile. In
- 15:44Speaker 1: the official summary Stead died in 2014. He cannot be charged.
- 15:50Speaker 1: That fact sits in the record without resolution. Dorothy Swiftwind's statements,
- 15:54Speaker 1: the ones she gathered informally in the weeks after Melvin's death,
- 15:58Speaker 1: before the sheriff ordered her to stop, were never made
- 16:01Speaker 1: part of the original case file. They survived because she
- 16:06Speaker 1: kept copies. 30 years later, those pages formed a significant
- 16:10Speaker 1: portion of the reinvestigation file that Connie Bennett submitted to
- 16:13Speaker 1: the Montana Department of Justice in December of 21. The
- 16:17Speaker 1: boots were reexamined in March of 22. The soil in
- 16:21Speaker 1: the seam of the right heel matched the access road
- 16:25Speaker 1: 200 meters from the tree. It did not match the
- 16:28Speaker 1: soil at the base of the box elder. That result
- 16:32Speaker 1: took six hours of forensic analysis. It had been available
- 16:36Speaker 1: in evidence bags since 1992. The notebook was returned to
- 16:42Speaker 1: Agnes Rafferty in the spring of 23. She keeps it
- 16:46Speaker 1: on the table beside her chair, next to the lamp.
- 16:49Speaker 1: Six weeks after Lawson's arrest, the case of Victor Maniclods
- 16:53Speaker 1: was referred to a federal grand jury. Maniclouds was 24
- 16:58Speaker 1: years old when he was found dead on a grazing
- 17:00Speaker 1: boundary road in Chanteau County in 1989. His death was
- 17:05Speaker 1: ruled a suicide. The Lawson Grazing Company held the adjacent lease.
- 17:11Speaker 1: Investigators described the circumstances as consistent with the Rafferty case.
- 17:16Speaker 1: The grand jury proceedings are ongoing and not public. Agnes
- 17:20Speaker 1: Rafferty wrote letters for 29 years. After the stroke in 2017,
- 17:27Speaker 1: when she lost partial use of her right hand, her
- 17:30Speaker 1: daughter Dorothea took over. Agnes would dictate and Dorothea would write.
- 17:34Speaker 1: They sent letters to the sheriff's office, to the state,
- 17:38Speaker 1: to federal offices, to anyone who might read them. Most
- 17:41Speaker 1: letters received no substantive reply. There is something in that
- 17:45Speaker 1: image that resists easy framing. A woman dictating to her
- 17:49Speaker 1: daughter in a kitchen in Whitpie, Montana, describing her son
- 17:54Speaker 1: over and over to people who never wrote back, keeping
- 17:57Speaker 1: the record alive with whatever she had left. She was
- 18:00Speaker 1: not wrong about what happened. She was not confused. She
- 18:04Speaker 1: was not. As the original file's language implied, someone whose
- 18:08Speaker 1: grief made her unreliable. She knew. She had always known.
- 18:13Speaker 1: The system that was supposed to investigate her son's death
- 18:16Speaker 1: had decided in 11 days that she was wrong. And
- 18:19Speaker 1: it had taken 30 years to prove otherwise. Melvin Rafferty
- 18:23Speaker 1: was 22 years old. He had measured a boundary line
- 18:27Speaker 1: because it mattered to his family's land. He had written
- 18:30Speaker 1: it all down. He had written it all down. He
- 18:34Speaker 1: had written on the back cover, if something happens, give
- 18:37Speaker 1: this to Clarence. He understood the risk with a clarity
- 18:40Speaker 1: that the investigators who came after him chose not to
- 18:43Speaker 1: extend to him. 47 pages of maps and coordinates and
- 18:48Speaker 1: dated entries. 30 years in a green metal box. In
- 18:52Speaker 1: a storage unit, the land is still there. County Road 9,
- 18:57Speaker 1: Tillman County. The box elder tree at the southeast corner
- 19:01Speaker 1: of the Rafferty parcel, the dry stream bed that runs
- 19:04Speaker 1: from the access road to the base of that tree.
- 19:07Speaker 1: These are the coordinates Melvin wrote down. His family still
- 19:11Speaker 1: holds the parcel. What this record cannot restore is the
- 19:15Speaker 1: 30 years between the 11th of August, 1992 and and
- 19:19Speaker 1: the morning investigators carried that notebook out of the storage
- 19:22Speaker 1: unit in Bain Falls. It cannot restore what Agnes Rafferty
- 19:27Speaker 1: carried during those decades, or what Clarence carried, or what
- 19:31Speaker 1: Dorothea carried, when she took the letters from her mother's hand.
- 19:35Speaker 1: What it can do what it did do, is close
- 19:37Speaker 1: the distance between what Melvin wrote and what the record
- 19:40Speaker 1: finally says. The notebook is on the table now, next
- 19:44Speaker 1: to the lamp where Agnes can reach it. This show
- 19:47Speaker 1: is made by Oboe Media.