The Ultimate Cold Case (Murder of Colonel Sabow from 1991: Still Unsolved)

United States Marine Colonel James E. Sabow was murdered sometime between 0835 and 0900 on January 22, 1991. The murder occurred in the backyard of his home on the El Toro MCAS during the height of Desert Storm. Security on the base was much tighter than usual, yet, somehow the assailant or assailants managed to carry out the homicide. The Department of Defense (DoD), despite overwhelming evidence to the contrary, has maintained that Colonel Sabow committed suicide. Colonel Sabow flew more than 200 missions in Vietnam. He had a reputation of being a no-nonsense, by the book officer. One would think if there was the slightest possibility he was murdered that the DoD would take every means possible to find the truth. It has been doing quite the opposite for more than sixteen years. In 2003 Congressman Duncan Hunter then Chairman of the Armed Services Committee, was apprised of the suspicious nature of Colonel Sabow’s death by congressional consultant Dr. Anthony Battista, also a close friend of the Congressman. The Congressman amended the Defense Authorization Bill for 2004 to include instruction to the DoD for a reinvestigation of the Sabow death.

A meeting occurred on the matter March 12, 2004 at Hunter’s office in the Rayburn Building in Washington. This meeting was attended by Congressman Hunter, Vicki Middleton (Hunter’s office manager), Charles Abell (Chief Deputy Assistant to the Secretary of Defense), three assistants to Mr. Abell, Dr. J. David Sabow (brother of the Colonel) and several of Dr. Sabow’s associates. It was decided:

1) The analysis of the evidence, both physical and photographic would be performed by forensic scientists at Iowa State University. These scientists would be retained by the Department of Defense. Mr. Abell assured both Congressman Hunter and Dr. Sabow that this would be done within days of the meeting. 2) Mr. Hunter would expect clear proof of the nature of the Colonel’s death, homicide or suicide. 3) All consultants that Dr. Sabow had retained during the years since the Colonel’s death would participate in the new investigation. 4) Dr. Sabow, a forensic neurologist, would be an active participant in the investigation.

For reasons that are not clear the scientists at Iowa State University backed out after originally agreeing to take the case. The DoD then selected Dr. Jon Nordby of Seattle, Washington to do the analysis without permission from either Congressman Hunter or Dr. Sabow. Dr. Nordby, whose Ph.D. is in Philosophy (he has had no formal scientific training), produced a massive (80+ pages) report (meixatech.com/ SABOWREPORT-NORDBY.pdf) in December of 2004. The document was made up almost entirely of pseudo-scientific gibberish. It is apparent that Dr. Nordby also ignored items 3 and 4 of the agreement in that he did not consult with other experts in a meaningful way (if at all) nor did he utilize Dr. Sabow’s expertise. In fact, he devoted a portion of his report severely criticizing Dr. Sabow. The Nordby report could never pass formal scientific peer review nor has there been any effort made to subject it to peer review.

I was retained on this case by Dr. Sabow to analyze the gunshot residue evidence. I submitted a report (meixatech.com/ SABOWREPORT-BURNETT.pdf) to Congressman Duncan Hunter in early March, 2005. My findings based on the gunshot residue and other evidence indicated that Colonel Sabow’s death was by homicide.

My report introduced enough uncertainty (if that was possible) into the Nordby report that it caused a reissue of the contract to Dr. Nordby by the DoD. I strongly disagreed with that decision. Dr. Nordby had his say and forensic scientists new to the case were needed. However, in that reissued contract, Dr. Nordby was to allow myself and another forensic scientist to view his analysis of the physical evidence in Seattle. A phone call to me from Dr. Nordby in November, 2005 indicated that he would not be open to such on-site peer review. He stated, in apparent violation of the new contract, which was never released, that our conversation would be the extent of my services. It was at this point that I realized it was now imperative that new forensic scientists be found to provide unbiased input, not only for the review of the reports from myself and Dr. Nordby, but also do their own observations and tests.

With the help of James Abourezk (past US Senator from South Dakota) we were able to retain the services of the South Dakota Department of Criminal Investigation (DCI) Pierre, South Dakota. Mike Braley, Chief Criminal Investigator, assigned four investigators to the case. These investigators verbally concluded during their investigation that Colonel Sabow died by homicide. In fact, I was told by Dr. Sabow that there would be presentations by these investigators of their work at a forensic conference. A week later, I received a call from Dr. Sabow to report that Mike Braley stated to him that “there just was not enough evidence available to make a determination in the manner of death” and their investigation was to be terminated except for the release of the report on gunshot residue.

This action of DCI‘s Mike Braley indicated that outside interference had come into play. It became obvious to me that Dr. Sabow and I have an adversary with power, resolve and enormous resources.

Additional work was needed for a complete understanding of the evidence in this case. The extensive photographic documentation both of the crime scene and the autopsy needed careful analysis. We embarked on that analysis without informing either Congressman Hunter or the DoD. In addition to the previously examined gunshot residue evidence, I evaluated the bloodstain/blood spatter evidence and performed a crime scene reconstruction. Drs. Sabow and Robert MacLachlan reviewed the pathology evidence. Our report (meixatech.com/COLSABOWHOMICIDE.pdf), which concludes homicide, was delivered to Congressman Hunter in March, 2007.

There is no doubt that Colonel Sabow was murdered. Our interaction with Hunter’s office manager, Vicki Middleton, indicated that the Congressman also believed this to be the case. Indeed, Congressman Hunter sent a letter to Attorney General Gonzales on April 19, 2007 (meixatech.com/HuntertoGonzales2007.pdf) which requested that the Department of Justice (DoJ) start an investigation. A support letter for the homicidal death of Colonel Sabow was included from attorney Michael Jacobs, recently retired from the Homicide Trials Division, Orange County District Attorney’s Office (meixatech.com/JacobstoHunter2006.pdf). Mr. Hunter received an answer from the DoJ (meixatech.com/DoJtoHunter2007B.pdf) which stated that the death of Colonel Sabow “appears to be a state matter and not within the jurisdiction of the Department of Justice.” The murder occurred on a military base likely by an assailant or assailants from within the military and this is a state matter? (Brad Gates, Orange County Sheriff/Coroner during the 1990s and his successor, Mike Corona, both stated that they had no jurisdiction in the case and it was a federal matter.) To add insult to this outrageous letter, it was not even signed by Attorney General Gonzales.

Congressman Hunter started his involvement in this case as a proponent for implementing a proper, unbiased investigation of the Sabow death. He ended his involvement by apparently avoiding all communication concerning the murder. The past Chairman and ranking member of the House Armed Services Committee is defied not only by the DoD, but also the DoJ. What is mystifying and quite disturbing is Congressman Duncan Hunter’s abrupt departure from the case and his allowing the DoD and the DoJ to get away with clear defiance of his wishes and instructions.

More than sixteen years have passed since the murder of Colonel Sabow. It appears likely the homicide was perpetrated by one or more other military persons. Evidence obtained by Dr. Sabow indicates treason by persons other than Colonel Sabow occurred prior to his death. The Colonel’s expressed intention to report these acts was the motive for his murder. The Department of Defense has made every effort to hide, obfuscate and otherwise circumvent this case from legitimate, unbiased scientific review. Who or what the Department of Defense is hiding must be extraordinary in its potential impact. Additional information concerning the murder of Colonel James Sabow can be found at meixatech.com/SabowReports.html and a search of the internet with the key words, “Colonel Sabow.”

There was a similar case at Fort Knox during the spring of 1998. Here are some details.

In March 1998, Gordon Hess, a firefighter and Captain in the National Guard, and commander of the Armory in Jamestown New York, went off for military training in Fort Knox Kentucky. Ten days into the military exercises, his body was found in a culvert not far from his barracks. He had been stabbed 26 times. Four of the wounds punctured his lung, one penetrated his liver and two penetrated his heart.

The Army investigated Hess's death and concluded the stab wounds were self-inflicted. "Gordon Hess," they claimed, "had taken his own life."

John Burris was Captain Hess's Executive Officer in the National Guard and one of Hess's best friends. In real life, Burris is a police officer. They shared a bunk at Fort Knox and Burris was one of the last people to see Hess alive.

Hess woke Burris up at 4:45 AM as he "jumped out of bed." Hess opened his locker, got out his shower kit, combed his hair, and told Burris, "You've got 15 more minutes to sleep Johnny. Go back to sleep."

When asked if Burris thought Hess would be coming right back, Burris is quoted as saying, "I was sure he was coming back, [I thought] that he ran out somewhere and would be back, take a shower and it would just be like a regular day. He had his pressed uniform hung out at the bottom of the bed.

Hess didn't come back. It took 24 hours before they found his body. He was dressed in a sweat suit and running shoes, lying face down in a drainage ditch in a wooded area a few hundred yards from his barracks.

Nearby was a leatherman tool that Hess had purchased the night before. It had his blood on it but no identifiable finger prints. The Army claimed he used it to take his own life.

"There's no way Gordon Hess would take his own life," Burris says.

Captain Hess's widow, Doreen doesn't believe her husband committed suicide either. "It doesn't fit, it won't fit and they can't make it fit," she says. Doreen says her husband was a dedicated family man and had an excellent record with the military. His last evaluation called him an officer with unquestionable integrity and an outstanding example to his men.

When she asked the Army investigators how her husband could have stabbed himself 26 times, they simply replied, "It's possible." Doreen Hess remains convinced it was not possible.

Doreen Hess had a medical examiner in Buffalo conduct another autopsy. This medical examiner concluded Captain Hess's death was a homicide.

Colonel Dan Quinn oversaw the Army investigation. Quinn says, "I am convinced of the quality of our investigation, the agents that conducted it and the medical examiner personnel and that this was a suicide."

Colonel Quinn also said there was no physical evidence that anyone else was present at the scene when Captain Hess died. There were no defensive wounds on his body indicating he put up a struggle, he hadn't been robbed, and there was no apparent motive for murder. Colonel Quinn also could not come up with a motive for suicide. After interviewing 130 people close to Hess, Quinn was asked if any of them thought Hess had committed suicide. Quinn replied, "I believe there was one."

Vernon Geberth, a former commander of the Bronx homicide task force, asked Doreen Hess's attorney to send him the reports. Geberth says, "I took a look, I read the reports and I immediately knew that this was a problem."

Geberth then called his mentor, Dr. Dominic Dimayo. Dimayo is a former New York City medical examiner and is considered to be one of America's top forensic pathologists. Dimayo said that in his 50 year career, he'd never seen a "suicide" case with so many deep stab wounds."

Six potentially fatal wounds, to be exact. Any one of which could have killed or incapacitated Captain Hess. Four penetrated the lungs with hemorrhage and two perforated the left ventricle of the heart.

"Normally, if you put a knife into the left ventricle of the heart, you're not going to be able to do another one, right?" Dr. Dimayo was asked?

"Yeah," he replied, "You'd be incapacitated at that point. . . You would be incapacitated."

Dimayo displayed a diagram of Hess's wounds and said the pattern of stab wounds was much more typical of murder than suicide. He pointed out four L shaped wounds and said these usually occur when a victim moves while being stabbed or when an attacker twists the knife.

When asked if was possible that you could see four of these L shaped wounds in a suicide, Dr. Dimayo replied, "I would say, 'Never. I haven't seen it. Never.' "

Homicide expert Vernon Geberth says, "It just defies common sense. The bottom line is, in the military, they have a suicide. In the world of public opinion they look pretty dopey." When asked if he thinks Hess's death was a homicide, Geberth replied, "I think it's more consistent with homicide than suicide. . . absolutely!"

"Is it possible that he just snapped?" the interviewer asked. "That there was some cumulative factor. That he'd been well adjusted his entire life and then for some unknown reason he just snapped?"

Geberth replied, "Anything is possible. Now let's get to probable. In how many cases can you stab yourself twice in the heart; and where do you find these cases? So possibility, yes. But probability, no! It was a rush to judgment. Somebody early on in that investigation decided it was gonna be a suicide and that's the way it's been going since."

One of the guys I work with was stationed at Fort Knox at the time of this incident and actually worked with Captain Hess. Curtis said that Hess was a likable guy and that he had not displayed any signs he was contemplating suicide. There were, however, some very unsavory enlisted guys under Hess's command that Curtis felt were quite capable of committing the deed.

The Congressman amended the Defense Authorization Bill for 2004 to include instruction to the DoD for a reinvestigation of the Sabow death.

That doesn't seem like a man that is backing down to me.

I think you are referring to this statement in the article? Hunter is told it is not a State matter, it's not a Federal matter. He is defied by the DoD and the DoJ. Hunter is no longer the Chairman and I am not really sure where he goes from here with this case. There may very good reason he is not "communicating" about the case. Hunter has a lot on his plate and as much as I wish there were 1000 Duncan Hunters, there aren't. There is only one. The writer of the article "assumes" Hunter has allowed them to get away with a clear defiance of his wishes. I am not sure that is the case. If he is sitting on evidence and there are suspects; He could blow the whole deal by "communicating" by tipping off the suspects. This is nearly a 20 year case and if not for Hunter and his efforts; It would be a forgotten suicide. The article could have been less confusing, and I am not so sure Hunter has forgotten the case. I don't think Hunter can Waltz down and start making arrests so, like I said, he is likely confused by this and is evaluating his options. I couldn't begin to know what they are and am just not sure where he can go with this now.

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