Innocents
Jonathan Rose
Steve Panter
Trevor Wilkinson
Lesley Molseed was eleven when she was killed in 1975. For sixteen years Stefan Kiszko served a prison sentence having been wrongly convicted of her murder by police anxious to find a culprit.English justice catastrophically failed little Lesley Molseed and her family even though, at the trial of the man wrongly suspected of killing her, the finest barristers of the day were in court. One would go on to become Home Secretary, the other Lord Chief Justice at a time when Stefan Kiszko was serving a sixteen-year sentence and suffering unimaginable torment in prison as his mother and aunt and a small team of loyal supporters sought to overturn the miscarriage of justice. Their eventual success was followed by tragedy as first Stefan, then his mother died premature deaths, exhausted by their fight to have him proclaimed innocent. Further tragedy affected the families of other children, criminally abused by Lesley’s unpunished killer. Justice repeatedly failed the Innocents – and this is the story of that failure.
Copyright (#ulink_4e4ec1dc-eb4b-5fe1-9d47-56a6c7ed6e48)
Fourth Estate
An imprint of HarperCollinsPublisher Ltd
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London SE1 9GF
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First published in Great Britain in 1997 by Fourth Estate
This edition published in 1998
Copyright © 1997 Jonathan Rose, Steve Panter and Trevor Wilkinson
The right of Jonathan Rose, Steve Panter and Trevor Wilkinson to be identified as the authors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988.
A catalogue record for this book is available from the British Library.
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Source ISBN: 9781857028454
Ebook Edition © JUNE 2016 ISBN: 9780008193270
Version: 2016-05-26
Contents
Cover (#ufb4fbcb8-b988-5002-897a-cf7fa296bed6)
Title Page (#u6fd6cec2-d6aa-554a-a7c9-348ca5087cff)
Copyright (#ulink_61f6cbd0-af93-54a4-ba87-a639fb2229e2)
Prologue (#ulink_4775a885-51ec-5b9b-817a-743119c1b4ad)
1 The Ghost of Christmas Past (#ulink_5a16e7e2-d033-5193-b5bf-4dd35a8eff92)
2 Give Us this Day Our Daily Bread (#ulink_20b6bd61-53ac-52d6-9c3e-48600fca47ce)
3 Of Science and Pounding Feet (#ulink_e3a54755-9255-507d-96bd-1612a88311a7)
4 Needles in Haystacks (#ulink_5c18a3e5-5925-53dd-8375-923aa1b0b926)
5 Bye Bye, Baby
6 Of Sugar and Spice
7 Stefan Ivan Kiszko
8 … And All Things Nice
9 Of Suits and Fear
10 Three Days
11 The Prosecution of Stefan Kiszko
12 Oliver Laurel
13 The Trial of Stefan Kiszko
14 Riding Two Horses
15 Innocence?
16 Prisoner 688837
17 The First Appeal
18 Prisoner 688837, Continued
19 A New Legal Team
20 Some of My Best Friends are Policemen
21 The Freeing of Stefan Kiszko
22 Who Killed Lesley Molseed?
23 Jesus in Heaven
Epilogue
About the Authors
About the Publisher
Prologue (#ulink_8ac5c877-5e4e-5b52-85eb-7e3f41ebed1a)
The punishment of a criminal is an example to the rabble;
But every decent man is concerned if an innocent man is condemned.
JEAN DE LA BRUYÈRE LES CARACTÈRES, DE QUELQUES USAGES
On 10 November 1949, 1-year-old Geraldine Evans was strangled to death, but it was not her father, Timothy, who tightened the ligature around the baby’s neck. Timothy Evans was executed for a crime he did not commit.
On 23 August 1961 Michael Gregsten was killed by a shot to the head, but is was not petty thief James Hanratty who pulled the gun’s trigger. James Hanratty was executed for a crime he did not commit.
On 5 October 1975, Lesley Molseed was abducted and stabbed to death. Stefan Kiszko was innocent of her murder. Stefan Kiszko was imprisoned for sixteen years, for a crime he did not commit.
The terrible price of innocence.
The twentieth century has produced a significant number of cases in which innocent men have been convicted of murderous crimes of great repugnance. At least two men, Evans and Hanratty, paid with their lives for miscarriages of justice.
Consideration of such miscarriages tends to focus, almost exclusively and with much justification, on the innocent man. But to follow this path is to ignore those other people, equally innocent of any wrongdoing, who pay a high price for the failings of others. The families of those guiltless men whose lives are decimated by the imprisonment (or execution) of their loved ones, who then give years to clear the innocent’s name. Iris Bentley, Anne Whelan, lives devoted to a single struggle. The victims are buried and forgotten to all but their relatives but how can they rest in peace whilst their killers live on unpunished? What rest is there today for the family of Michael Gregsten and the parents of Carl Bridgewater? And of Lesley Molseed?
Each time the scales of justice are unbalanced, by police misdemeanour, by inadequacies in the legal system or by the dishonesty of others, the implications extend far beyond the man or woman who has been wrongly convicted of the crime. Publicly there is criticism of ‘the System’, ‘the Police’ or ‘the Law’ but, as is evident from the case with which this book is concerned, such criticism has not resulted in positive change. Changes to systems have not eradicated miscarriages of justice, and there is little will to punish those who contribute to such miscarriages. The fact that innocent individuals, who have been convicted and punished for crimes they did not commit, have received compensation payments or pardons should bring little comfort to society, for each one of us remains at risk of wrongful accusation until the will for change and the momentum for change grow strong.
There lives today a man who took the life of Lesley Molseed. That he enjoys his liberty, his freedom and his life is cause enough to abhor the repercussions of the wrongful conviction of Stefan Kiszko. That he remains unpunished is reason enough for the family of Lesley Molseed to feel that justice has not been done. That he may kill again is quite sufficient for all to look at the case of Stefan Kiszko with anxiety and unease.
The Kiszko/Molseed case revealed painful truths about the inadequacies of the English legal system, and few of those truths have been adequately addressed more than twenty years after Kiszko was convicted. Many questions still remain unanswered:
Why is there still no independent authority responsible for objective assessment of evidence prior to criminal charges being brought? Why has the procedure of ‘Old Style Committals’, whereby evidence may be assessed prior to Crown Court trial, been abolished, so that there are fewer, not more safeguards in place?
The Police and Criminal Evidence Act 1984 made failure to permit a suspect detained by the police access to a solicitor a ‘breach of the Codes of Practice’ which might render a confession inadmissible. Why, instead, did it not make it a mandatory requirement that such a suspect have legal representation, whereby any failure to provide such representation would render any confession obtained inadmissible?
Why is the Court of Appeal still reluctant to make incompetence of counsel a valid ground of appeal?
Why is there still no truly independent body to examine and take action on alleged miscarriages of justice?
This book is not about the innocence of Stefan Kiszko, nor the innocence of Lesley Molseed. It is not about the innocence of the families of that man and that child. It is about a series of events in 1975 and 1976 which destroyed the innocence of so many people.
And it should serve as a reminder that innocence remains a precious commodity, which can still be stolen.
As the twentieth century draws to a close, the innocents still suffer, the guilty still walk free.
CHAPTER ONE (#ulink_b8849997-587e-57e0-989e-d3ed86145569)
The Ghost of Christmas Past (#ulink_b8849997-587e-57e0-989e-d3ed86145569)
It was a snapshot of traditional Britain, Christmas Eve 1975. A small, neatly furnished room, its lighting dim, as if to enhance the atmosphere of peace. The green fir tree pointed symbolically heavenwards. Bedecked with tinsel and baubles, its myriad of fairy lights twinkled so much brighter in the half-gloom. Surrounded by gifts, brightly wrapped, unopened – as they would surely now remain. A solitary, poignant angel stood aloft, wings spread, embracing the scene below, gazing down, beatifically, upon the chair.
The chair. Where the man-child had sat until a few hours ago, staring at the presents with the same excitement he had shown as a young boy. His mother looked, without comprehension, at the vacant seat, as if staring upon some ancient royal throne. The king had gone, for surely he had been a king to her. Her only son, her only child. Her boy-child.
They had come for him earlier. Three wise men. Not kings, but surely men of power. He had risen from the chair, his massive frame dwarfing her, dwarfing them, but bent and stooped as if already shamed. Posing no threat, he had stood and listened, barely responsive to the words spoken.
‘Stefan Ivan Kiszko. I must caution you that you do not have to say anything unless you wish to do so, but that anything you say will be taken down and may be given in evidence against you.’
He had said nothing.
‘I would like you to accompany us to the police station at Rochdale.’
He had demurred, but for a moment only. Then he had nodded his bowed head. More of a shrug than a nod. He may have understood or he may not, but the nod was acquiescence and compliance, it was not agreement.
She had watched him leave with them. Leave the sanctuary of her home; leave the protection which she had always given him; leave the safety which their family had always afforded him. Now, for the first time, he was alone.
CHAPTER TWO (#ulink_f718cf4f-f0b6-54dc-8c3e-8dbf910bd928)
Give Us this Day Our Daily Bread (#ulink_f718cf4f-f0b6-54dc-8c3e-8dbf910bd928)
On the spindly legs of a frail 11-year-old girl, Lesley Molseed skipped down to the corner shop on a simple enough errand for her mother. She would return home from that errand one month later, in an oak coffin.
She was a tiny girl, barely four feet tall, and so small that, as her mother would later say, you could push her over with your finger. Perhaps it was her heart defect which had contributed to the child’s small stature. That Lesley had suffered ill health since birth was a fact of life with which she had already learned to cope. On days when she felt able to run a simple errand, like other children in the street, she was joyous, but Lesley also knew the torment of having to sit still by a window of her home, short of breath, watching other children playing tag or squabbling in the street. She had endured surgery for a faulty heart valve when only three years old, yet Lesley Susan Molseed was a cheerful, smiling, ordinary, happy child.
Her home, too, was not extraordinary. Her stepfather, Danny, was a working man, employed at an engineering factory where the vagaries of shift work meant that he had to work on Sundays. At seven forty-five he had put his head round the bedroom door, to see his sleeping stepdaughters Laura, aged 14, and Lesley, aged 11, before he left the house in Delamere Road, Rochdale, to catch the bus to work. It was not unusual for her mother to be washing in the kitchen of the family’s council-owned home – not unusual on any day, not unusual on Sunday, 5 October 1975.
An ordinary Rochdale family, with the man working and the mother attending to the household chores. But in the middle of her work, with one eye on the laundry and one on the cleaning and somehow still finding a free hand to cook the Sunday lunch, April remembered that they had run out of bread.
With six mouths to feed you cannot wait until the next trip to the supermarket, nor do you need to. Just ask one of the kids to nip round the corner to Ryders grocers’ shop, pick up a large loaf ‘and don’t dawdle coming back’. She shouted up to her daughter, ensconced in the bedroom she shared with sister Laura. They were doubtless listening to a Bay City Rollers record, whilst staring at a poster of the pop group both girls idolised. ‘Lel!’ came April’s cry, using the family’s name for Lesley. ‘Lel,’ shouted April for the second time, and then Lesley appeared, with her wide, tooth-filled grin, always eager to help, grasping the pound note in her tiny hand, Bay City Rollers tartan socks around those skinny legs, and shouting ‘Back soon mam’, the door slamming behind her. Clutching the money given to her as her reward for running the errand. Three pennies. Lel had wanted six, but her mother had haggled her down. It was really Freddie’s turn to go, according to the family’s errand rota, but he was at football practice. Lesley did not mind. She welcomed the chance to be outside when she was feeling well enough to take a walk. Perhaps the shopping expedition would give her an opportunity to spot Jinxy, her missing cat. She had accepted the lesser sum with her usual impish grin. And then she was gone.
It was 1 p.m.
This was an era, after John Kilbride, after Lesley-Ann Downey, after Pauline Read, after Keith Bennett, when parents sent their children out to play alone, without fear.
Dinner-time passed, with no bread on the table and no Lesley at the table. Sister Laura is sent out to look for her: traces her likely routes along Delamere Road and Birkdale Road, crossing Turf Hill Road and into Ansdell Road. Lesley is not at Ryders corner shop, nor at the Spar shop, nor is she at Margaret’s, the sweet shop on Broad Lane. Laura returns home. Brother Freddie joins the search, and when the two children can still find no trace of their sister, nor even anyone who has seen her, Freddie is sent to get Danny.
This was an era, before Susan Maxwell, before Caroline Hogg, before Sarah Harper, when mothers sent their children to corner shops, without concern.
Freddie finds Danny, his day’s work as a maintenance electrician at an end, in the Plough public house, playing darts. The game is abandoned. Lesley is still not home, she has been gone for one and a half hours.
It had taken a far shorter time for Lesley to disappear. She had found Ryders closed, and had cut along a narrow dirt-path between Buersil Avenue and Ansdell Road, her navy-blue canvas shopping bag with the yellow Tweety Pie motif hanging from her bone-thin arm. She wore a blue coat with a white synthetic fur-lined hood, which she pulled over her head. Underneath, a blue woollen jumper, a red and white T-shirt, a pink skirt and brown shoes, and those blue and white hooped and tartan socks, emblazoned with the name of her heroes, the Bay City Rollers. She was heading for the Spar shop on Ansdell Road, but she never arrived there.
It must have taken only seconds for Lesley to cross the short pathway, but in the few strides between Ryders and the Spar she was intercepted. Lesley Molseed was a quiet, shy and home-loving girl, well-disciplined by her parents not to talk to strangers. It was also true that Lesley was both vulnerable and suggestible. Robert Whittaker, Lesley’s teacher at High Birch School was later to give his assessment of her mental age as being ‘about 6’, and he was to add his ominous opinion that ‘She would have gone off with someone if they had approached her in the manner that suited her.’ So what alluring bait was used by the man who took her? Did he tempt the child with sweets, or with the promise that he could help her find the missing Jinxy?
Of this Danny Molseed was then, of course, unaware. Alerted to Lesley’s out-of-character disappearance he is swiftly out of the house again, searching. April Molseed had at first been vexed that her youngest child had ignored her directive to return quickly from the simple errand. Then, as the minutes passed, she grew ever more fretful for the girl’s safety. By the time an hour had passed, her anxiety had become feverish, so that Danny’s eventual return was to a woman verging on panic.
Danny Molseed was determined to bring Lesley home. In his own mind, indignation dominated. Unable to conceive that harm would come to her, he walked the route she had earlier taken. Surely she had become distracted, seen a friend, stopped to play, seen a cat and thought that it was Jinxy, and followed it away. He passed Ryders and turned on to the dirt path. Walking firmly, but unhurriedly, he paced towards Ansdell Road, calling her name, ever more strongly. As the ideas in his mind revolved to thoughts more sinister, to fears more real, the steps became shorter and the voice became a shout, until he was running running running, shouting Lesley Lesley LESLEY. In to every house along the lane, he demanded ‘Have you seen her?’ ‘Is she here?’ ‘Did she go past?’ ‘A little girl in a raincoat?’ but there was no reply to help him. At the end of the path he was greeted by an empty Ansdell Road: there was no sign of her.
Phone calls to the police brought an immediate response but no results. Julie Molseed, Lesley’s older sister, came to the family home which she herself had left some eight months earlier, to live with her natural father after friction had developed between her, April and Danny. Now she was pregnant by her boyfriend James Hind, and they were planning to return to the Turf Hill Estate. The family gathered round in a show of collective security, collective strength, collective fear.
Danny ventured out again, believing that he and only he would find this child and bring her safely home. By daylight and by night he searched, alone or with others. No anxious father could have done more, still thinking first ‘I’ll tan her hide when I get her home’ and then, ‘Dear God let her be safe.’
The police search extended across the estate and the surrounding area. Photographs of the missing child were shown, and residents and passers-by were questioned. At the same time, news of the little girl’s disappearance spread, along with tales of suspicious men in vans and cars loitering where local children met and played, trying to entice them into their vehicles.
As the police searched and Danny searched, small armies of neighbours and friends formed to play their own part, a spontaneous gathering of volunteers taking to the streets, with fear for the child and empathy for the family their only motivations. The armies became swollen, until scores of people were engaged in the chaotic and frantic covering of the streets and snickets.
A cluster of sightings was reported. Once those obviously not of Lesley were discounted, attention turned to the more likely reports. Julie Molseed ignored her heavily pregnant state to join her boyfriend and their friends in scouring the streets. Two of those friends, Steven Scowcroft and Brian Statham used their motorbikes to add speed and efficiency to the search.
At 8.30 p.m. Julie returned to her mother’s home to telephone her father, Frederick Anderson, to break the news of Lesley’s disappearance, and to assure him that she would keep him informed. Then Julie stepped back, whilst police officers spoke to April with delicacy and tact, prying into the family’s background, squeezing out details of the missing child’s character, habits and behaviour. Who were her friends? Where might she go? Was there any reason they could think of why Lesley might not return.
The police instituted a discreet search of the house, to ensure that the child was not, somehow, hidden there. It would not be the first time that a report had been made of a missing child, when in truth the child was trapped, hidden or even killed within the home, and the body secreted there. April confirmed that Lesley had not taken a change of clothing with her, and thus provided a complete answer to any suggestion that the little girl’s failure to return was voluntary.
By 10 p.m. there was widespread and serious concern. The police officers’ street searches had now condensed into house-to-house enquiries, looking for the child, looking for clues, looking for answers. At 11 p.m. the police called on John Conroy, Danny Molseed’s best friend, at his home on Neston Road. Alerted of Lesley’s disappearance, Conroy and his wife went immediately to their friends, where they joined a further search party of friends and neighbours which remained out on the streets until 4 a.m. the following day.
The night slowly passes. The younger children are put to bed, unaware of high drama and mounting fear. But there is no sleep for the parents, their minds filled with thoughts of Lesley, and of how she could never cope with being away from her family all night. She would certainly be unable to spend a night outdoors. Each tries to comfort the other, but true optimism is in short supply. Sunday runs into Monday.
At dawn, the police resume their searches, governed by routines honed by experience, experience which usually brings results. They are joined by community members who do not have to work that day, and even some who have elected not to go to work so that they can assist. The search is extended beyond the strict limits of the estate, to wasteland and farmland which border it, and to abandoned freezers and fridges where a body might be hidden. That evening, the expertise of the local youth was brought to bear, when club leader Dennis Wilkinson asked the youths to search those – mainly secluded – areas where they might sometimes go, including Kays Field, derelict houses and garages of the Deeplish and Ashfield Valley areas, and numerous hidden spots where young people wanting privacy would sometimes disappear. This fruitless search continued until 2 a.m. the following day.
The estate rumour machine continued to grind out its seemingly endless ribbon of tales, of men in vehicles on the estate trying to entice young children into their cars, of indecent exposure and of attacks on lone women. These tales, inevitable consequences of a crisis in such a close-knit community, served only to heighten the fears of the Molseed family. And as the tales spread, so did the fear, so that other families watched their children with more than usual care, and an orchestrated curfew was imposed on local children. The searchers, whilst concentrating on their primary task of finding the child, now looked equally for the suspicious or out-of-the-ordinary. Find Lesley; protect the children. These were the priorities under which the Turf Hill Estate was now operating.
Day three: no sign, no word, and it is hard, even for optimists, to believe. All but the occupants of Delamere Road have given up hope. ‘Any news?’ the neighbours ask, or turn their heads to avoid having to frame that question, hear the reply, see the shaking head, notice the tired face and ragged looks that speak the words that no one dares to say.
Fred Anderson had arrived at the Delamere Road house on Monday morning, and he and April were to remain there throughout, neither wanting to take the chance of missing some news. Each member of the household is eager to reassure the others, but the ticking of the clock accompanies the growing fear that, unbelievably, this tiny child may not be seen again. That thought remains unspoken, but by Tuesday night such optimism as had once existed is strained to its limits.
Inevitably, the police operation was starting to wind down, although a police officer remained with the family throughout. The search was being downscaled, as all possible locations had been covered, every street searched, every house visited. The mobile loudspeakers stopped blaring Lesley’s description, and the enquiry incident room was moved to Rochdale Police Station, away from the immediate vicinity of the estate. The incident room’s role as the centre of a missing person enquiry was gradually being changed in anticipation of it being needed for an enquiry of a different kind.
Incredibly, Danny Molseed still walks and searches and asks. But as Tuesday reaches midnight, he and the neighbours and friends who have walked, unstintingly, since Sunday, looking for new areas to search, new stones to turn, come together and agree to meet the following morning to regroup and resume. With the thanks of the Molseed family in their ears and their hearts, they head off for much needed sleep.
That sleep remained in short supply for Lesley’s family. The strain at last told on Julie, and problems developed with her pregnancy which required immediate hospital attention, but by Wednesday morning she was ignoring medical advice, and returned to be with her family once more. She telephoned Fred Anderson to come and collect her, and for a brief moment, the family rejoiced that the baby was well. It was Wednesday, 8 October 1975.
As dawn broke over Rishworth Moor, David Greenwell stirred from sleep and threw open the rear doors of his yellow 1965 BMC Mini van, which was parked in a lay-by off the A672 Oldham to Halifax Road at Ripponden, West Yorkshire. A night’s sleep behind him and the early morning urge to relieve himself caused him to scramble upwards until the land became flat, changing from craggy hillside to moor.
Who was this man, who had spent the night sleeping in a lay-by? Why did he look up into the bleakness? What was it that first caught his eye, to draw it to the terrace twenty-five feet above his head, to see the folds of a blue raincoat, flapping in the air currents and swirling winds which never seem to abate across this grassy embankment.
David Arthur Greenwell, a joiner by trade, was at this time working for a firm of Birmingham shopfitters who were engaged in a jewellery shop refit in Rochdale. It was simply too far for him to travel daily from his Nottingham home, and, although he was paid an allowance to cover overnight expenses, Greenwell’s tiny van sometimes became his home-away-from-home, with sleeping bag and mattress, kettle and primus stove, cup and plate. But no toilet.
And so at around six forty-five, rising to wash and cook breakfast, he first scurried upwards to find a secluded spot, where he could not be seen. After his task was completed, he turned and made his way back down the moorside. The wisp of cloth that had caught his eye on the ascent could be seen again as he headed back to his van, but this time he looked a little closer. The wisp then seemed part of a bundle of clothes. He took another pace towards it, then reeled backwards at the sight of what was clearly human flesh. The body of a child, of a little girl, face down on the grass. Still fully clothed, the Bay City Rollers socks visible, the blue canvas bag revealing the incomplete errand that had set her on the route which brought her here. But the trappings of childhood innocence were obscured by the obvious and appalling injuries, the bruising and the stab-wounds, and by the terrible stillness of the child, from whom all life had now departed.
For a moment only, he stood, transfixed, somehow unable to absorb the enormity of this sight. Then, slowly, he began to recall news reports over the previous weekend of a young girl missing from the Rochdale area, and that recollection sent him running to his van. The wash could wait, the breakfast was abandoned as shock turned to panic. He hurriedly drove to his work site and told his foreman, Michael McClean, and fellow employees of his grim discovery, and they in turn advised him that he must report the finding to the police.
Within the hour the grisly find had been reported at Rochdale Central Police Station to the desk officer, Constable Michael Roberts. The duty detective from Rochdale criminal investigations department required Greenwell to repeat his story, as he would be asked to repeat the story many times over the next few days.
Then DC Roberts asked Greenwell to accompany him back to the scene, to retrace his steps. Once more the Nottinghamshire shopfitter embarked on the climb up the moorside, this time with far more trepidation, followed by the officer. Did Greenwell hope that the body would have gone? That he had imagined it? That the nightmare would then be over? Had he yet realised that he would not be allowed simply to carry on with the day’s work, before returning to the lay-by to sleep again that night? Could he comprehend that he was already being ear-marked, not merely as a witness, but as a suspect, a position he would have to hold until he could be, in the jargon, eliminated from police enquiries?
It was a matter of moments before he and the detective stood within sight of the child. Neither approached the body, it was obvious that the child was dead, and it was equally obvious to Roberts, who by this time had engraved on his mind the description of the frail 11-year-old child who had been missing since Sunday, 5 October, that he had found the body of Lesley Susan Molseed. The ‘child missing from home’ investigation had become a murder enquiry.
In April 1974 a major restructuring of the British police service had reduced the 115 county, city and borough forces to fifty-one larger forces covering England, Scotland and Wales. The series of amalgamations which took place created Greater Manchester police and West Yorkshire Metropolitan police as two of the largest police forces in the country. Rishworth Moor, remote and desolate, was situated between the Halifax and Huddersfield divisions of the West Yorkshire force, although it also bordered the Rochdale division of the Greater Manchester police area.
A radio message from Roberts’ police car to senior officers at Rochdale was quickly relayed on to West Yorkshire police, on whose ground Lesley had been found. West Yorkshire officers were immediately dispatched to the location, and by 9 a.m. Detective Chief Inspector Richard (Dick) Holland of Halifax division, and Detective Chief Inspector John Stainthorpe of Huddersfield division were at the scene, trying to determine on whose ‘patch’ the body lay.
The murder enquiry fell within the jurisdiction of Detective Chief Superintendent Jack Dibb, head of West Yorkshire number one crime area, and his junior officer from the Halifax division, Dick Holland. And because all major murder enquiries in West Yorkshire were at that time handled by the Home Office Forensic Science Laboratory at Harrogate, near Leeds, the principal forensic scientist in the case would be one Ronald Outteridge.
Holland’s immediate task was to establish an ‘exclusion zone’, the borders of which would preserve any evidence deposited at the scene by the offender or the victim. Within those borders fingertip searches would be made for clues. Within those borders the story of Lesley Molseed’s death would begin to be told.
The extent of the crime scene, including any possible routes taken by the killer to or from the place where the body had been found, was also marked out. This would be a larger area than the exclusion zone and would include the lay-by and any vantage points from where witnesses might have overlooked the scene of Lesley’s death. This, too, was taped off and guarded by local officers. It would be into these areas that there would come, first, the forensic scientists and the pathologist.
While waiting for the scientists and medical men, Holland began the task of structuring the major investigation, the early stages of which comprise time-honoured routines and procedures which remain common practice today. One key procedure is to attempt to establish the sequence of events at the immediate scene, including the identification of all movements of people (and, essentially, vehicles) and occurrences prior to, during and after the commission of the crime, up to the moment of the discovery of the body so that the exclusion zone can be established. In this way no evidence is lost or contaminated, the value of potential clues is identified and any unconnected material is correctly eliminated.
The experienced police officer, who had attended many, many murder scenes, was able to speculate, quite reasonably, on the circumstances which had brought Lesley to this moor. She had clearly been driven from the back-streets of Rochdale to the moors overlooking the M62 motorway, only twenty yards from the A672 Oldham to Ripponden Road. The frail child had been dragged or carried up forty feet of moorside, to a bracken and heather terrace where she was ultimately found. Had her journey to this final place been non-stop, or had the man taken her elsewhere first? That question would have to wait for an answer. Lesley had undoubtedly been alive when her killer laid her down on the damp ground, but for how long had she been kept there, terrified, before her so-short life was brought to such an unmerciful end?
The forensic scientists and pathologist would soon confirm that, mercifully, she had not been sexually abused, but that, although she had not been interfered with, her last companion had undoubtedly obtained some sexual pleasure from her final hours on earth. Upon her underwear forensic scientists were to find semen, but whether the man had ejaculated in some private, quiet place, or up in the winds and mists of the moors, whether he had done so when she was alive or dead, would also remain unknown. It is known only that the killer had masturbated on to Lesley, and that he had killed her, brutally, stabbing her twelve times in the chest and neck with a small knife, before wiping the blade on her thigh and leaving her, uncovered, to the elements.
The Rochdale police would soon receive many accounts of sightings of Lesley as she walked from her home to the shops, and then at various locations in Rochdale and the surrounding areas. In the initial stages Dick Holland only worked on those sightings of the child which clearly could be relied on, in the hope of piecing together Lesley’s last movements and identifying the moment when her abduction took place. The first witness to confirm that Lesley had left Delamere Road at the time her mother claimed was a young girl called Dianne Reeves, who knew Lesley well. Dianne had seen Lesley turn from Delamere Road into Stiups Lane, passing right by her as Dianne swung on the garden gate at her own home. Mark Conroy, a schoolboy friend of Lesley, saw her further along Stiups Lane as he walked from Kingsway playing-fields across Stiups Lane into a snicket or walkway towards Ansdell Road. Four girlfriends of Lesley’s were heading towards Kingsway playing-fields at this time, and noticed her as she walked along. They and Mark also saw a young ginger-haired girl with a scruffy grey dog, who was so close to Lesley that Mark had thought the two girls were together.
Bernadette Hegarty also saw Lesley walk towards Ansdell Road. She was swinging the blue shopping bag and Bernadette, a 10-year-old neighbour of Lesley’s, thought that she was ‘dilly-dallying’. Bernadette was also heading for the Spar, but took an alternative route which ran parallel with Stiups Lane. She visited the Spar shop, but she did not see Lesley there.
Fifteen-year-old Stephen Tatters, who knew Lesley well, also visited the Spar shop at the same time as Bernadette, but he did not see Lesley there.
John Cooper, a newcomer to the area but one who recognised Lesley, remembered seeing her at twelve fifteen walking towards him on her way to Ansdell Road. He was sure of the time, because he had just asked it of an elderly lady who had been walking in the road ahead of him.
At that time, Anita Owen, aged 13, visited the Spar shop and, having bought some sweets, headed back to her home on Turf Hill Road. She walked along Ansdell Road and was just about to turn right into the snicket leading to Buxton Crescent when Lesley came out of the snicket opposite and to her left from Stiups Lane. The two girls were seen by Jane Jeffreys, a school friend of Anita, who described Lesley’s clothing – especially her socks – with great accuracy. Anita and Lesley said hello. Anita walked on towards Buxton Crescent and last saw Lesley approaching the Spar shop.
Robert and Marion Ellidge, the proprietors of the Spar, were interviewed at 3 p.m. on the Sunday of Lesley’s disappearance. They had closed the shop at 2.10 p.m., and had not seen Lesley all day. Steven Ellidge had worked in the shop with his parents until 12.30 p.m. that day, and had then gone to work on his blue Ford Escort car in a garage on Buxton Crescent. He had seen Danny Molseed searching for his stepdaughter at 2 p.m., and had shortly afterwards gone into the shop and asked his parents if they had seen her. Like them, he was unable to help the police, although he had been backwards and forwards across Ansdell Road several times between 12.30 and 3 p.m.
Frank and Edith Jones owned the tobacconist/confectioner’s shop at 65 Broad Lane, known locally as Margaret’s. Lesley was a regular visitor to that shop, particularly on a Sunday when most other shops were closed. Initially the Joneses said they believed Lesley had not been in the shop that afternoon, but after seeing a photograph of the child they changed their minds, saying that she might have been in around 2 p.m., but that they were not certain whether it had been on the Saturday or the Sunday.
Thus, almost all the sightings of Lesley which were to come to the attention of Dick Holland were for around twelve fifteen on the Sunday, and between Lesley’s home address and the Spar shop. There was one further sighting, by Jacqueline Reilly, who saw Lesley from her kitchen window as she walked along Stiups Lane. Jacqueline Reilly had also seen a small yellow van which appeared to be following behind Lesley, and this fact was noted with some interest since there had already been a number of reports of a yellow van on the Turf Hill Estate acting suspiciously near to young children, in particular at the Kingsway Youth Club on the Friday night prior to Lesley’s disappearance.
DC Roberts was debriefed to ascertain what, exactly, David Greenwell had told him, how both men had approached the scene, and whether either of them had touched or moved the body. But Greenwell could not, yet, be considered only as a witness, since it is not uncommon for the person ‘finding’ the body of a murder victim to be the perpetrator of the crime he claims to have discovered.
With this common occurrence in mind, and the knowledge of the description of Greenwell’s van, Dick Holland ordered that the man be interviewed at length, and his movements between Friday, 3 October and Wednesday, 8 October checked and corroborated. Greenwell explained how he had been working in Rochdale for three weeks on the shopfitting job, saving money by sleeping in his van Monday to Thursday, before returning to his home in the Clifton area of Nottingham for the weekend. He had a perfect alibi, confirmed by his parents, Arthur and Siegrid, with whom he lived, who told the police that Greenwell had spent the relevant weekend at home with them, mostly working on the repair of his mobile home. Neighbours of the Greenwells, Iris Dennis, who lived next door, and George McClean, who lived opposite, also supported the man’s account. The police also checked with the tyre company and scrap yard where Greenwell claimed to have gone that weekend to buy spare parts for his van.
Anthony Stych, a workmate, confirmed that Greenwell had given him a lift to his home in Sheffield on the Friday, and had picked him up again at 10.10 a.m. on the Monday. Together with the foreman, Michael McClean, he was able to vouch for Greenwell’s whereabouts from the time he began work in the early morning through to the early hours of the next morning, for it was common practice for the six employees to work late, and then go out for a meal and a drink together, usually until about 1 a.m., since each of them was working away from home. The only exception to this routine had been the Tuesday night, when Greenwell had gone straight from work to his ‘home’ in the lay-by.
McClean described how Greenwell had arrived on site at about eight twenty on the Wednesday morning, looking shaken, pale and worried. He had immediately spilled out his terrible experience, and both Stych and McClean had urged him to report his find to the police.
The above accounts, coupled with reported sightings by passing motorists of the van in the lay-by between Monday night and Wednesday morning and with the information from his home town and his workmates – not least of which were descriptions of him as a good worker, though quiet and nervous – were sufficient to satisfy the police as to Mr Greenwell’s movements. The alibi was accepted, and Mr Greenwell was no longer regarded as a suspect.
That said, there remained the question mark over the sightings of the yellow van; and, of course, Greenwell himself, although absolved of any part in the death of Lesley Molseed, remained a crucial witness in the case. This was not merely because of his discovery of the body, but because he had spent many hours at and around the area in which the police were interested, including hours when the child’s body could have been dumped. He was interrogated further, in the hope of gleaning from him any strand of evidence which could later be woven into the rope with which the killer would be caught. The clothes he was wearing at the time of the discovery of the body and his small yellow van were also taken for forensic examination to eliminate any particles or traces which he might have left at the scene or, of equal importance, to obtain anything which he might inadvertently have removed from that terrible place.
Then, and only then, could the habitually nervous shopfitter go from the police station, free to resume his normal everyday life the best he could after what he had seen.
On the Turf Hill Estate enquiries were being made by officers anxious to achieve a result, but their questioning also revealed the effect which Lesley’s disappearance had had on the local community and, in particular, the anguish being suffered by the parents. The community’s desire to have the killer apprehended was based only in part on feelings of sympathy towards the Molseed family. It was also founded on the fear that an outsider had intruded into the communal safety of the estate, putting each of their own children at risk.
Turf Hill was once a rural farming area adjoining the mill town of Rochdale, but as the town became swollen with the increasing population which accompanied industrial expansion, the growing need for accommodation sent tentacles of urbanisation into the readily available and easily accessible land which lay, untouched, nearby.
It was a typical council housing estate, with brothers in every town and city of substance in Great Britain. Rows of (then) modern three-bedroomed terraced houses with small front and rear gardens were joined by a series of connecting roads and the intersecting walkways known as snickets. Two main roads, Broad Lane and Turf Hill Road, serviced the estate, giving access to a major arterial road in and out of Rochdale. The remaining farmland that surrounded the estate stretched towards the neighbouring town of Oldham, running along the edge of the M62, between junctions 20 and 21 of that great cross-country motorway, which served as the boundary line between the two towns.
The community of Turf Hill, not atypically, was self-contained and close-knit. Most of the children knew each other, as did their parents. The local availability of schools, shops and a youth club brought parents and children into regular contact with each other. Many socialised together, making use of the various pubs, clubs and sporting facilities available in the area.
A feature of such a community was that news, whether bad or good, travelled with great speed. Rumour and gossip mingle with fact and hard news, and exaggeration and distortion are inevitable features in the retelling. In the Molseed enquiry this feature was repeatedly to cause problems for the police, who were constantly required to sort fact from fiction, evidence from rumour, credible witnesses from gossip mongers. Conversely, out of the community spirit came the positive feature of the residents’ willingness to help each other and the police (who were not the natural friends of many in that community) to find Lesley and, later, to find and catch the child’s murderer.
Within hours of the discovery of the child, the grim mechanism of murder was grinding into action, starting with the knock on the door of 11 Delamere Road that the occupants had hoped would never come. As gently as possible, the parents were notified of the finding of a body, and before that shock had penetrated minds and hearts, they were taken on a journey, by police car, to a mortuary at Halifax Royal Infirmary, to identify the child, hoping against hope that it would not be Lesley, that a mistake had been made.
It was a duty for a mother to perform alone. Although she had steeled herself for the task ahead, April’s nerves were strained by a delay in proceedings, and she and Danny waited together in a small room. But she became claustrophobic and left the room to pace up and down the corridor, leaving Danny alone with his thoughts.
At last, a policeman’s footsteps on the hard, Victorian hospital floor, followed by ‘They’re ready for you now, Mrs Moleseed,’ and she is escorted, one officer beside her and two behind. Inside the room are more policemen, in plain clothes. But while the uniformed officers had seemed considerate and caring, these men seemed to be avoiding her, or certainly avoiding her eyes. And then it became clear for her. There was no need to look. They had found Lesley, and these men knew it.
The mother has to be the one to speak: it is her duty. Words are hard to find and April struggles to make a sound, until she whispers, ‘I’d like to hold her,’ But as April steps forward to embrace the tiny frame, she is stopped from doing so. ‘Don’t touch her!’ The command is barked, breaking the solemnity of the room, but instilling immediately the importance of not disturbing the child.
Lesley was no longer April’s daughter, but police evidence, which must not be touched.
‘Is this your daughter, Mrs Molseed?’ speaks an unknown voice, and she does not look to find the speaker, but replies ‘It is, but she doesn’t belong to me any more.’ And then and only then the resolve of the woman is gone, the strength she had shown or tried to show throughout the three-day ordeal, disappears. At last she weeps, and her eyes blur with tears. She turns away.
April rejoined Danny. He did not have to ask her and she did not have to tell. He had ‘inherited’ Lesley as a 1-year-old, and she was the favourite of his four foster children. He had lost his own daughter, he felt, and his tears flowed down his face, its expression as desolate as that of his wife.
CHAPTER THREE (#ulink_74501b48-c16e-539b-9c8b-f630775c90dc)
Of Science and Pounding Feet (#ulink_74501b48-c16e-539b-9c8b-f630775c90dc)
In terms of the investigation of homicides, there are only two primary types. The first is where the killer is immediately identified or identifiable, and apprehended at or shortly after the event, and where the legal issues at any subsequent trial narrow down to those concerning state of mind at the time of the killing. The second is where the killer is completely unknown. In such a case, of course, the first task on the lengthy path to securing a conviction is ascertaining who is responsible for the killing. Obviously the investigation of the latter type is far more onerous than that of the first, because the police start, in effect, with a completely blank sheet of paper.
In any homicide it is necessary to establish a number of facts:
identity of the victim;
manner and cause of death (for example, asphyxiation by strangulation);
time and place of death;
weapon used, if any;
identity of killer;
motive;
state of mind of killer.
These facts must be determined in order that the investigation of the case be complete. Even if some of the facts (such as motive) do not, as a matter of law, require proof for a successful prosecution, it is obvious that they are each of great importance in the quest to establish how the victim died and at whose hand.
Once it is established that the police are concerned with a suspicious death and, more particularly, once the suspicion becomes that of an unlawful killing, the investigative process begins. Of the seven factors listed above, the identity of the killer becomes the most pressing. All other matters will be investigated as the enquiry proceeds, but the search for the killer must begin immediately, and before the trail begins to cool.
Whilst the public face of a murder investigation is the television news reports, showing police officers searching fields on hands and knees, scouring for the most minute of clues, and the further reports of house to house enquiries, there is, from the moment the body is discovered, a far more private aspect of the investigation. It takes place in the clinical sterility of the laboratory and in the case of Lesley Molseed, it was a side of the investigation which was to have substantial and profound implications.
High on the moors, away from the anguish of the Turf Hill Estate and the homeliness of 11 Delamere Road, Dick Holland presided over the murder scene, one eye on his watch as he awaited the arrival of the forensic and pathological support services. He was only too aware that the further away from the moment of killing he got, the more difficult it would be to find his man. Moreover, the passage of time accompanied intrusions into the evidence: a wind blowing across the moors could blow away a fragment or fibre, a rainstorm could destroy footprints, a less-than-careful bobby might obliterate some tyre tracks, or the killer himself could dispose of clothing, or a vehicle, or a weapon.
Anxious to preserve the murder scene in at least one respect, Holland had directed PC Stuart Akerman to take a series of photographs, of the features of the moorland and the area in which the child was found, and of Lesley’s body itself, in situ, before there could be any further disturbance of the area. He was confident that the body had not been moved by Greenwell or DC Roberts, and therefore had no reason to suspect that the child was not in the same position as she had been left by the murderer. One further photograph. A seemingly innocuous print of a blue-grey coloured fibre-tipped pen, with a white cap and base, found on a rock about fifteen yards from the body, in a direct line between the body and the lay-by. If every picture does in fact tell a story, what tale would be told by the print of this harmless writing instrument?
Senior colleagues of Holland began to arrive at the lay-by. Awaiting the arrival of the pathologist, there were a number of officers of the West Yorkshire police force, among them Assistant Chief Constable Donald Craig, DCS Jack Dibb and Detective Chief Superintendent George Oldfield (whose name would later become inextricably linked with the investigation into the crimes of the Yorkshire Ripper). Officers from the adjoining Greater Manchester force who covered the area from which Lesley had disappeared were also present.
At 10.30 a.m., the assembled officers witnessed the arrival of Home Office pathologist Professor David John Gee. Holland briefed Professor Gee with a thumbnail sketch: the identity and age of the victim, when and where she went missing, when and how she was found and that the body had not been moved since its discovery. The professor prepared to view the body. He was accompanied by trainee pathologists Dr Boateing and Dr Swaloganathan, and by Home Office forensic scientists Ronald Outteridge from the Harrogate laboratory, and a Mr Firth from the laboratory at Chorley. The forensic scientists would examine the scene, removing samples of grass and vegetation from around the body, and soil and stone samples both from the site where the body was found, and from the lay-by. Clear plans would indicate the exact location from which each sample was obtained, and the bags containing the samples would be marked accordingly. Later, they would examine the clothing of the deceased and any samples obtained by the pathologist.
Police officers continued to work, first with a finger-tip search of the immediate area, then with a wider, less-detailed rake over a more extensive area, hoping to find anything relevant but, in particular, the weapon used to end this tiny child’s life.
The pathologist’s work would primarily take place in the mortuary, after the body had been moved from the scene, but it was important for him to view the body in situ as it would help him to determine whether that was the place where the murder had taken place, or whether the child had died elsewhere and then been moved there. He would go on to consider the injuries, how they were inflicted and in what order, and which one or ones had been responsible for the death.
Times were vital factors for all the investigators, since they would attempt to provide a band of times within which death had occurred. These parameters would be crucial in eliminating suspects who were able (as Greenwell already had done) to account for their movements within those times.
An access route to the body had been created, so that the scientists could make their way to the corpse without fear of intruding upon any potential evidence. Ascending the steep grassy bank from the lay-by, the men reached a broad, grassed terrace from where they could see, beyond, a rock-strewn slope, steeply rising to the moorland proper far above. At the back of the terrace, some fifty yards from the roadside, they saw, as Greenwell had seen, mere cloth blowing in the stiffening breeze, which, only on closer inspection, became their ultimate objective: the body of a child lying face down in the coarse grass. It was still clad in the dark-blue gabardine raincoat, the hood raised over the back of the head so as to obscure the hair and other features. The left arm was bent up at the side of the body towards the face, the right arm was beneath the child. The thin legs were flexed at the hips, somehow twisted to the left, and the trunk was tilted slightly to its right. The skirt of the raincoat was somewhat displaced upwards, exposing an area of white padded lining, and beneath that could be seen a pink skirt and a pair of red knickers. The blue shopping bag lay across the feet, not quite obscuring the brown shoes, and the Bay City Rollers socks of which Lesley had been so proud.
A closer examination revealed a number of slit-like cuts in the material of the raincoat, running across the back of the body and between the shoulders, and one, similar cut, to the back of the head. Dark stains around the cuts of the material gave an overall appearance of stab wounds with slight blood-staining of the coat’s material. The exposed parts of the body – the left hand and thighs – were not blood-stained, save for a single smear of blood approximately two inches (five centimetres) in diameter on the upper surface of the left thigh. There was blood soiling of the grassed area some three inches (seven centimetres) in diameter below the body, approximately one foot (thirty centimetres) beyond the lower end of the trunk. Behind the right side of the child’s back lay an unzipped purple purse, and for a moment the thought entered many minds, ‘Has this child been murdered for the sake of the meagre contents of her purse?’ The body and clothing appeared not to have been disturbed since the child’s death, but that did not prevent there being a collective theory that the motive for this crime had been sexual, not financial.
Then, for the first time since hands had taken her life from her, Lesley Molseed is touched again, but this time it is by people who care about her, at least in the sense of being anxious to help bring her killer to justice. They are gentle, not violent, deliberate, not frenzied, and they are painfully experienced in the performance of their various tasks. With minimum conversation they go about their macabre but necessary business. Detective Sergeant Kenneth Godfrey has been appointed exhibits officer, responsible for the collection, collation and identification of every single item of physical evidence, whether seized by a scientist or police officer, whether taken from a witness or, in due course, a suspect. He receives the Tweety Pie-crested handbag and the purple purse, and places each into a separate polythene bag which is then sealed and labelled: a description of the item, the time, date and place of recovery and a unique reference number which relates to the person who recovered it. The items will remain protected in their polythene sheath until the time comes for forensic examination in the sterile atmosphere of the laboratory.
Sellotape lifts are taken from the child’s left hand and legs, the simplest of tools to search for the tiniest fragment of evidence. A fragment of blue material is found stuck to the back of the left thigh.
Then, and only then, does Professor Gee begin to intrude on the body itself. He first removed the child’s knickers. They did not appear to have been tampered with, giving at least an indication that there had been no sexual interference. Then the professor took anal and vaginal swabs, which were placed in exhibit tubes and handed to the exhibits officer.
To assist in determining the time of death, Professor Gee took the rectal temperature of the body. At 12.30 p.m. it was 46 degrees fahrenheit. The examination had by now taken over two hours, and though the weather was dry, there was a cold westerly wind blowing. The air temperature on the ground varied between 52 and 48 degrees fahrenheit, whilst the temperature three feet above the body varied between 47 and 48 degrees fahrenheit. Although the ground appeared to be dry, the upper clothing of the deceased was slightly damp, and a few beads of moisture had been visible on the upper surface of the raincoat when the men had first arrived at the body, but these had quickly disappeared due to the effects of the wind. The sky, which had been clear at the beginning of the examination, was now starting to cloud over.
Now, finally, the child could be removed from the exposed grass bank. With reverence and respect – and doubtless with thoughts of their own children and grandchildren never far away – the assembly of men watched Lesley Molseed as she was lifted on to a black polythene sheet. As her body was lifted, it was evident that rigor mortis was well developed in the limbs, although hypostasis
was only faint. As Lesley was turned, they saw that she had bled from the nose and her facial features were distorted and flattened from their prolonged contact with the ground. There was no blood soiling at the back of the head, nor of the fleecy white lining of the interior of the hood of her raincoat. A small cut was visible to the left of the front of the raincoat, and there was a stab wound beneath. The front of the child’s clothing was heavily blood-stained, as was that which covered the back of her shoulders, where blood had seeped into the right-hand side of the clothing due to the position in which the body had lain. These early indications lead to a hypothesis that Lesley had been repeatedly stabbed where she lay, and left to bleed to death. She had been alive when brought to this desolate place, and her life had ebbed away in lonely isolation, her screams only partially drowned by the high-pitched whistling of the winds which swirled through the peaks and vales of the moors.
Then she had been left. The skin over the left hand was macerated, being sodden, white and wrinkled. The skin of the lower limbs was slightly grey, and a few fly eggs were found in the hair close to the left ear. These features, and the rectal temperature, indicated that the body had been exposed to the elements for some time, although a more precise time of death would only become clear after the post-mortem, and a more careful analysis of the temperature readings already taken.
After Lesley’s hands and feet were encased in plastic bags to preserve any evidence which might cling to them, the black sheet was wrapped around the body, which was then placed into a coffin-shell and carried off the bleak moors with solemnity and dignity. Whatever vehicle had carried her on her last journey in life, she was now to be moved by a hearse which was waiting in the lay-by below. Her next journey led to the Halifax Royal Infirmary.
Removed from the wind and rain of the moor to the hospital mortuary, the child is received by Mr Seward, the mortuary attendant. He is experienced, and treats each corpse given to his charge with equal care and reverence. But his experience extends to victims of crime and, knowing that this child was said to be such a victim, he is instantly aware that his care of the body must extend beyond the norm. He knows from previous post-mortems in murder cases that the body is itself a source of evidence, and that whilst he must prepare the body for viewing by the relatives, so as to cause as little distress as possible, he has a second, but equally important, role in ensuring that any movement of the body will not contaminate or cause the loss of any evidence. These dual roles clashed at this point: whilst he had previously prepared bodies with extensive head or facial injuries so as to minimise the trauma to the relatives carrying out the identification, he was unable to do so with Lesley, whose face, although uninjured, was heavily stained with blood. That blood-staining would doubtless be of concern to the scientists, and so the best Mr Seward was able to do was to lay her body out in the black plastic sheet, now covered with a purple velvet cloth.
Mr Seward was assisted by Sergeant Appleyard, the coroner’s officer, who performs a number of functions for the coroner. One such function is to ensure that an accurate identification of the deceased has taken place at an early stage. And so, the child is identified. April Molseed is brought by police officers to Halifax, the journey littered with her questions which those officers were unable to answer: were they sure it was Lesley? How had she died? Had she been sexually assaulted? These officers do not have the answers. Indeed, at this point, no one does.
Now Lesley is left to the scientists. Now is the white, sterile phase. The tiny child reduced to ‘the deceased’ whilst the cause of her death is sought. A grim and gruesome task in any case, made the more pitiful by the victim’s age. A necessity, both for the detection of the criminal and for his prosecution, to know that she did not die from natural causes, to know the nature of the attack, the number of wounds and of blows, to know (if possible) the time and place of death, to know whether there has been indecent interference. Mercifully not. To draw from the child any clue which may yet help justice to be done.
Professor Gee and the forensic scientists work, methodically and in accordance with regulated and established procedures, under the watchful eyes of ACC Craig and DCS Oldfield. The participants agree an order in which to proceed, a necessity when some type of examination might secure one form of evidence whilst destroying others.
The first step is an examination of the body’s external surfaces by Detective Chief Inspector Swann, a fingerprint expert, but he finds nothing upon the child and soon leaves, taking with him a set of the child’s own fingerprints for use in comparison against any found in a culprit’s home or car (although Lesley’s prints were never found on any exhibit in the eventual case).
Then the child is undressed, and each item of clothing is handed to Sergeant Godfrey who, assisted by Detective Constable Robert Shore, bags and labels each garment separately. Lesley is wearing precisely the same clothing that she was wearing when she left home.
The forensic scientists are provided with samples of Lesley’s hair, both plucked and cut, and with finger-nail scrapings, and they then leave, to continue their work back on the moors, while they wait to receive all exhibits at the laboratory, where their own tests would be conducted. Samples would be taken from the body by Professor Gee in the course of the post-mortem, for later use by the professor and by the forensic scientists.
Finally Professor Gee is alone with the body. He will carry out his extensive examination whilst ensuring that he makes detailed notes, for in the information which the post-mortem will yield it is hoped to find, not merely the time of Lesley’s death, but also the motive behind her death and the cause and, perhaps, some clue which might assist in the bringing to justice of the person responsible.
The external examination revealed the body of a thin, small, brown-haired girl, some four feet in length and weighing forty pounds. There was slight blood soiling of the skin at the front and back of the trunk and over the face. When this was removed post-mortem staining was found to be faint, pinkish in colour and mainly present at the front of the body, with some areas of pressure pallor in the skin over the knees. Rigor mortis, though confirmed had by this time begun to pass off. The effect of exposure to the elements, visible in the exposed parts of the body, by reason of a dark-grey coloration, particularly to the left hand and the thighs, was also confirmed.
The eyes appeared normal although the pupils were unequal, the right being larger than the left. The absence of petechial haemorrhages
in the lids or on the eyeballs enabled the professor to exclude strangulation or asphyxiation as the cause of death. The ears and nose were normal, whereas the mouth was slightly soiled by blood with the tip of the tongue protruding between the teeth, and although the teeth themselves showed several caries, none was loose or displaced, indicating that the face had not been subjected to violence.
The chest carried an old, healed, oblique surgical scar on the right side of the chest, some seven inches in length, with a second and similar scar on the left side, both reminders of the surgical treatment for Lesley’s heart complaint.
The external genitalia were normal, with no blood soiling and no evidence of injury. The hymen was intact and the anus normal. The child had not been raped nor subjected to any penetrative sexual attack.
Professor Gee found twelve stab wounds: one to the left front chest, one to the right front of the neck, one to the back of the left ear and nine to the upper part of the chest, at the back, principally on the left-hand side, all within an area measuring six inches by three inches.
As Professor Gee measured the dimensions, the angles, the tracks of entry of each stab wound, was he already constructing a scenario of blows driving the child to the ground, then the killer’s orgy of violence as he stabbed her in the back. He might say it was violent, for several wounds had faint areas of bruising of a half-inch diameter. Were these bruises caused by the impact of the hilt of the knife against the child’s body? It is not a scientific term, but the expression ‘frenzied attack’ hangs unspoken, like an uninvited guest at a wedding.
Her hands were unmarked. There were no defence wounds.
She had not had time, or had not been able to defend herself. Or she had been attacked from behind.
When the professor examined the child internally, the twelve stab wounds could be traced on their path into the body. Each had penetrated to different depths, and some had caused damage to bones and to internal organs, most notably the heart and lungs.
The hair was cut from Lesley’s head to enable examination of the scalp, but there was no evidence of injury or blood-staining. It was then passed to PS Godfrey, along with a vaginal swab, a mouth swab, a blood sample and the stomach contents (which would show that Lesley had not eaten since leaving her home). The internal organs each yield further samples to be taken for further examination. They are taken to exclude any suggestion of death by natural causes.
From 2.30 p.m. until 6 p.m. Professor Gee went about his work, slowly, cautiously, meticulously and without regard to the silent staring of the police officers – including ACC Craig – who lined the walls of the mortuary, observing proceedings anxiously.
The result of the post-mortem revealed that Lesley had died of bleeding from the twelve stab wounds, the heart, aorta and left lung having been penetrated. The wounds were caused by a knife, with a thin blade no more than half an inch broad and not less than two and a half inches long, with one edge sharp and the other rounded. Bruising adjacent to two of the wounds at the back of the left shoulder suggested that those blows had involved the knife being driven in with substantial force, the hilt or the attacker’s hand having made forceful contact with the body. The wounds to the back of the body had been inflicted as the child lay in the position in which she had been found.
Whilst it was impossible to be certain as to the time of death, Professor Gee was of the opinion that Lesley had been dead more than twenty-four hours before she was found, and that she had possibly died up to three days earlier, namely on Sunday, 5 October 1975. There was a silent hope that his longest estimate was most accurate, so that the child had not had to endure days of captivity (and what else?) before her final, brutal death.
The inquest into the child’s death which opened on 14 October 1975 would disclose only that Lesley had died from multiple stab wounds. There was no need to say more.
Her body has been mutilated, and the post-mortem necessarily adds to that defilement, but Mr Seward again applies his skills, and the body may now be prepared for burial.
But her clothes are neither discarded nor returned to her parents. In murder cases the victim’s silence is compensated for: for her body speaks for her, and her clothes speak for her, and for Lesley Molseed her clothes shout loud.
DS Godfrey amasses his collection from the search team which has, throughout the day, continued to scour the moors and lay-by. He receives twenty-six items, including seven bottles, a Polaroid camera cartridge wrapped in silver foil, part of a plastic bag, a small tablet still in its foil (would that be the killer’s medication?) and four photograph negatives. Had one of these items been discarded by the murderer and, if so, would even one yield up his fingerprint?
A pair of socks, a handkerchief, a packet of cigarettes and a high heel from a lady’s shoe.
And, from the lay-by, a broken knife …
For nearly thirty-six hours PS Godfrey has collected exhibits, numerous and diverse. The collected materials are brought together, and then they are removed from Halifax to the laboratory at Harrogate, where they are handed to Ronald Outteridge, the principal scientific officer in the case and a highly respected member of the Home Office Forensic Science Service.
For now, the scientific material is mute, or, if not mute, it speaks in half-sentences only. It directs the scientists to look carefully, and note what they might find, but it can say no more until the time comes for comparisons. Until fibres from two sources lie alongside each other under a microscope, or two semen samples are observed together, the scientific material can tell only a fragment of the story. It will say that Lesley had been in contact with a cloth which shed fibres, but it cannot yet say from where that cloth came. It will certainly tell the investigators that, whilst the child had not been interfered with, the killer appeared to have derived some sexual pleasure from being with her. But it cannot, now, say who the murderer was. Or was not.
Each single item is removed from its shielding plastic bag and is examined closely. It is a critical and crucial examination, and it yields results. Peter Guise, a forensic scientist and Batchelor of Technology examines the clothing: each garment, as ever, on its own to prevent any contamination, lying on a sheet of brown paper to collect any matter which may fall away in the course of the examination. He looks for blood or fluid staining, and he notes the dimensions and directions of the cuts. He runs Sellotape over the garments to collect loose fabrics which might adhere.
Of the blood-stains, he finds no evidence of ‘run down’, supporting the already-held theory that the child had not been standing up when the principal injuries were inflicted. From the jumper, the vest, the skirt and a sock, tiny fibres of a certain hue, a certain type, a certain constituency. And a single blue fibre from the back of Lesley’s neck. From the underwear, what appear to be semen stains. He makes up microscopic slides from these stains and looks further: his initial belief is confirmed. He can see sperm heads. He applies the test then in use to record the amount of heads: +H is the lowest, ++++H the highest. He writes ‘+H’ in his notes. There is a low sperm count given the large area of seminal staining.
Outteridge was soon to provide an initial report, confirming Professor Gee’s findings that Lesley had been murdered where she was found, and indicating Outteridge’s belief that the murder had a sexual motive, based on the finding of semen on the lower garments. He has identified Lesley’s blood as being group B,
but he wishes to continue to examine blood-staining on the clothing in the hope of finding blood of a different group, perhaps belonging to the murderer. Outteridge would therefore advise Dibb and Holland that any suspects should have blood specimens taken from them, and that their clothing should be seized for forensic examination. Any suspect vehicles should also be examined, for matching fibres, but also because Lesley’s purse bore a sequined pattern, and the sequins appeared to be falling away. The appearance of any such sequins in a suspect’s vehicle would be a matter of great interest.
Finally, Outteridge informs Dibb and Holland that the knife found in the lay-by is not, in his opinion, the murder weapon.
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