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An interview with Michelle Theer
By Edward T. Pound
U.S. News & World Report interviewed Theer
for six hours in the summer of 2005 at the North Carolina Correctional
Institution for Women in Raleigh, N.C. She did not testify at her trial
in 2004, and this is the only interview she has ever given. This
transcript is a highly excerpted version of that interview, as provided
by the magazine.
"I feel like I have been silenced for too
long," she explains, "and there is just some part of me that needs to
speak out in my own defense." In summary, she says she had no
involvement in her husband's murder. She claims that it is clear now
that Diamond, an Army trained sniper, killed Theer, believing that would
permit them to be together. The interview was conducted in a small
conference room. She was dressed in prison blues a short-sleeved shirt
and blue jeans. She had her hair, brown with slight gray on the sides,
pulled back. She did not shy from the toughest questions and
occasionally seemed near tears when a sensitive subject was broached. Theer was very calm, sometimes fidgeting slightly with her hands. She
was articulate, speaking in clear and precise sentences. Following are
excerpts from that interview.
Part 1: Her early life
Q. The early days?
A. Well, my dad was in the military,
the Air Force, and we moved around a lot. I was born in Abilene, Texas,
but we moved, I think about a year after I was born, to Little Rock,
Ark., and we were there for just a couple of years, and we moved
somewhere in England, about three years. . . When we came back, we lived
in Charleston, S.C., and that is where my brother [Tommy] was born. And
I went to school. . . first, second, and third grade, in Charleston. I
have a lot of good memories from Charleston. . . we lived on the base,
and they had woods back behind our house. I remember having a tree
house, and there was a little stream that ran back through the trees. .
. That is the part of my childhood where I can remember riding bikes
with my friends, and playing in the tree house.
Q. You were 7 or 8 years old at the time.
A. Yeah. That's kind of that time in my
life when I can remember those wild tomboy years, playing outside until
the very last moment possible when it was getting dark and my dad having
to come out and whistle for me to come in. . . Then we moved to Colorado
Springs, Colo. . . . We were in Colorado Springs, I think, fourth,
fifth, sixth grades, for three years, and my sister [Angela] was born
there. . . . The tone of those years was darker. . . I thought at first
it was OK, my sister was born, and my parents were happy then, but my
dad went overseas for a year to Korea, and my mom put me in this private
Christian school that was very. . .
Q. Strict?
A. Yeah. I don't like the use word
fanatical, but really that's what it was. And when my dad got back from
Korea, my parents were starting - they did start having problems . . .
Q. What was your dad in the military, a
mechanic?
A. Yeah, he was a heavy-equipment
mechanic.
Q. You moved from Colorado Springs to Denver?
A. Yeah. When he came back [from
Korea], he got transferred to Lowry Air Force Base, and my parents were
having problems, and he was moving in and out, back and forth, and that
went on for about a year. . . .
Q. When you talk about the darker days, it was
the trouble between your parents?
A. It was the trouble between my
parents, and it was the school and the church we were going to. It was a
very oppressive religion, very. . . It was Southern Baptist. . . . We
had always gone to church. But when I think about that church, and that
particular school, I think about the image of a very angry, unforgiving
God, a very punishing God who is standing over you and just watching
every mistake that you make. And you are going to make mistakes, and you
are going to burn in hell for them, you know what I am saying. . . . At
the time, it made me very fearful. And I think that their goal was to
make you, to scare you into obedience, to scare you into memorizing
Bible verses, and at that particular time, that is what it did, and it
did for several years. It scared me into obedience. . .
Q. Do you practice any particular religion
now?
A. I am studying now, yes. . . . Since
December of 2003, I have been studying the Jehovah's Witnesses. . . .
Q. What drew you to the Jehovah's?
A. Love . . . Their expressions of love
and the God that they have shown me is a very loving God. He is very
forgiving, very loving, very warm, very nurturing, very fatherly.
Q. How long did you stay in Denver?
A. We ended up staying there
permanently.
Q. That was 1986, is that right? I think
that's what your mom told me.
A. She would know the exact year
better. They ended up getting separated for a period of time and finally
ended up getting a divorce.
Q. You described a period of your life, from
first to third, from fourth to sixth grades. What was going on in
seventh, eighth, ninth?
A. I would describe that as more of a
chaotic time. High school was kind of chaotic because, you know, when we
first moved to Denver, my dad was in and out, back and forth, I really
didn't know if my parents were going to stay together or get divorced.
There were a lot of times when I wished that they would just get it over
with and get divorced. . . .
Q. Was his being away and his fights with your
mom–how big an impact did that have on you?
A. I am sure it had a huge impact on
me. . . I think my relationship with my dad fuels a lot of my
relationships even now. I still even now struggle with my relationship
with my dad.
Q. Does he come and see you?
A. He has not come and seen me here
yet. He has written and sends me money, and he takes my phone calls. . .
. He is completely 100 percent supportive of me. . . . My mom came out
here; she's been out here twice. . .
Q. When you say your high school days were
chaotic, how were they chaotic? Drugs?
A. Actually, I didn't go through any of
that teenage stuff. I didn't experiment with drugs at all. . . . The
first time I had ever gotten drunk [was] the week that I graduated from
high school. When I say chaotic, I mean with my dad moving in and out of
the house. My mom had to go to work full time. . . I had to stay home
and take care of my brother and sister. . . . My freshman year in high
school, I was a cheerleader, and I was on the volleyball team, and I was
in the choir. But then my sophomore year, I had to drop out of all of
that because I had to come home after school to watch my brother and
sister. I had to cook dinner and fold the laundry. It was like I was a
housewife, which I just hated. . . . They [her parents] were just
separated. Actually, he went back to Korea for a year my sophomore year
of high school. I think when he got back was when their divorce was
final. . .
Q. What was your mom doing then?
A. She was working in sales for the
Wall Street Journal [in Denver]. . . .
Part 2: Meeting Marty
Q. Where did you meet Marty?
A. I met Marty on New Year's Day, Jan.
1, 1987. . . . I had just turned 16. . . and this friend of mine that I
went to school with my freshman year. . . was for whatever reason out
driving around with a couple of his friends, and they were over on our
side of town, and he used to always just pop in to my house. . . [and]
hang out for a little while and visit. So, I guess he had said to the
guys, [and] Marty was one of them, there is this really cool girl I
know, let's stop in at her house, she is really nice. . . I look a mess,
I have no makeup on, my hair's not fixed, I am wearing raggy old sweat
pants. And I am laying on the couch watching TV in the family room. . .
my mom says, "Michelle, Bob's here, and he has a bunch of guys with him.
. . " So I go out into the front room, the family room, and sure enough
there's Bob, and he's got, like, two or three guys with him, and I can't
see any of them because I have really bad eyesight, my vision is like
20/500. . . And about two weeks later, Bob's telling me, "Yeah, this one
guy, Marty, he wants your phone number, he wants to call you. . . " I
said, "Well, what does he look like?" and Bob's like, "Well, he was
there on New Year's," and I was, like, "Yeah, but I didn't get a good
look at him." And, anyway, Bob gave him my phone number, and we ended up
talking on the phone for a couple weeks, and then we finally went out.
Q. What attracted you to him?
A. Well, once I finally got a good look
at him.
Q. A handsome boy?
A. Yeah, you know, he was really a nice
guy. He wasn't a jerk. A lot of guys in high school are really jerks;
they think they gotta be tough, macho guys. You know, he was just a
genuinely nice guy. He didn't act like he had to be something special. .
. . We just always had something to talk about.
Q. Did you click right away?
A. Yeah. . . .We did click right away,
and I mean right away, I knew that I wanted to see him again. . . . We
dated that whole semester, and he graduated, and then he went to the Air
Force Academy, so we started a long-distance relationship pretty
quickly.
Q. He was in Colorado Springs?
A. Yeah.
Q. So, in your senior year, he is at the Air
Force Academy?
A. Yeah.
Q. How do you get back together? Do you go
down to Colorado Springs in your senior year sometimes?
A. Yeah . . . We wrote letters every
day for the whole four years. . . there was only really a couple
weekends that he was able to leave or that I got to really spend time
with him. . . .
Q. I assume the fact that he went to the Air
Force Academy influenced you to join the Air Force Reserves?
A. No. Actually, me joining the Air
Force Reserves was really almost a whim. . . . I really didn't have any
way to pay for college. You know, my parents really had never made
enough money to have a college fund. You know, I didn't come from a
family that had trust funds and college funds. . . there [was] no such
thing as retirement funds, everything is – you make money and you pay your
bills. . .
Q. Did you go to college?
A. I ended up going to the University
of Northern Colorado, which is in Greeley, Colo. I went there because I
wanted to major in special education. . . I went there for two years,
and then in January 1991, my Reserve unit was activated for Desert
Storm, so I had to drop out. . . . We went down to [a]. . . base in
Texas. . . . I actually worked in the command post. I was a command and
control technician. . . .
Q. Did you go back to Greeley?
A. No, by then, Marty and I had gotten
married. When Desert Storm ended, Marty and I got married, he graduated,
and we moved to Enid, Okla., the armpit of Oklahoma. Of course, Oklahoma
is sort of the armpit of the United States. We were in the armpit of the
armpit. And we lived there for a year. I did the whole housewife thing,
which, let me tell you, was very boring. . . . He was in flight school.
. . . I didn't go to school that year. I was basically Mrs. Homemaker,
at home making cakes.
Q. What was the date of your marriage?
A. June 1, 1991.
Q. Where were you married?
A. At the Air Force Academy chapel.
Q. Where did you go from Enid?
A. We went back to Denver, and Marty
went to school there at Lowry Air Force Base to train for space
operations. . . . He was training to be an orbital analyst. When he went
back to flying, he left that job. . . .
Q. When you left Denver, where do you go from
there?
A. Colorado Springs. . . Falcon Air
Force Station.
Q. Did you go back to school then?
A. That's when I went back to school. I
went to the University of Colorado at Colorado Springs.
Q. You finished your degree there?
A. That is when I decided to change my
major to psychology. . . . I graduated in December 1994. . . . We ended
up leaving Colorado Springs in May 1995, and we spent the summer in
Texas. Marty went through a refresher flight course, and then we moved
to Florida, to Patrick Air Force Base, right next to Melbourne, Fla.,
just south of Cocoa Beach.
Q. How long were you down there?
A. Two years, and then they moved the
unit that he was assigned to–Moody Air Force Base, Georgia, Valdosta.
Q. How long were you there?
A. Well, I wasn't. Actually, I never
went there because I still had one more year of graduate school. So, I
stayed in Florida [for] my third year of graduate school while Marty
lived in Valdosta, and then I went and did my residency in Auburn, Ala.,
while Marty did his second year in Valdosta.
Q. You did the residency where?
A. Auburn, Ala., at the VA, the
Tuskeegee VA.
Q. When did you get your master's?
A. I want to say 1997, from Florida
Tech.
Q. You got your doctorate at Florida Tech?
A. Yeah, in 1999.
Q. You never actually moved to Georgia?
A. No. . . He would have moved there
[Valdosta] in 1997.
Q. So when do you end up together again?
A. In Fayetteville.
Q. For that twoyear period, 1997, 1998, are
you apart?
A. He was in Kuwait a lot of that time.
So, when he was in the country, we would spend weekends together. . . .
Q. So, 1999, in Fayetteville, what month did
you move there?
A. He must have come here like in June,
and I came at the end of August.
Q. Had you lined up your job with Tom Harbin,
a psychologist in Fayetteville?
A. Yes.
Q. Was Fayetteville a tough experience for
you?
A. Yes. . . working at the VA. . .
before I even knew we were moving here, I had heard nightmare stories
about this place from all the Vietnam vets who had been through here on
their way to Vietnam. . . I heard about Fayette-Hell, Fayette-Nam,
Fatal-Ville. . . .
Q. Did you have a specialty as a psychologist?
A. No, I don't think so. . . I was just
still a generalist. I did a little of everything. . . . I think I was
very good in relating to my clients. I think I was very good in building
empathy with them, very good in connecting with them. A lot of people
told me I was very good with adolescents. . . .
Part 3: John Diamond
Q. You met John Diamond through the Internet?
A. I know that I chatted with him
online. I do remember. . . him coming across as very funny, very
amusing. . . he would send me these little funny messages, and they made
me laugh. I finally agreed to meet him in person. And that was main
thing about him that attracted me to him.
Q. In all candor, you had done this before,
and you maybe weren't as nervous in meeting someone you were meeting
online?
A. I wasn't concerned about going to a
public place and meeting someone, no. . . when I met him. . . we
clicked. He was very interesting, very funny, very charming.
Q. Handsome?
A. Uhhuh. But there's a lot of
good-looking guys out there.
Q. But you liked his personality.
A. Yeah. . . He made me laugh. And to
me, personally, that's the most important quality.
Q. Marty wasn't making you laugh. You were in
a place you didn't want to be–Fayetteville. Marty was gone all the time.
Is there a sense of desperation here on your part?
A. I don't know. . . Believe me, there
are times when I am still trying to understand myself. . . people have
asked me, and I have wondered myself, was I trying to get caught [in
affairs]? And I do think – I honestly do believe – that I wanted to get
caught, that I wanted Marty to catch me. And there are times when I
think that Marty did know what was going on, and he purposely turned a
blind eye.
Q. You mean about Diamond?
A. Yeah. Because I don't know how he
could have not known. . . . There were things I did that were very
blatant, very obvious, very right out there.
Q. Having Diamond over when he was gone?
A. Yeah. . .
Q. You were living together as man and wife,
but the reality was, you were doing your own thing?
A. Well, I think we were. I think we
got used to living our own lives when we lived apart. You know, Marty
was putting pressure on me about having a family. . . I really felt like
he was doing that because he wanted – he felt like that would be a ball
and chain that would keep me.
Q. You think he loved you more than you loved
him.
A. Yeah.
Q. Were you ever in love with Diamond?
A. I guess I was, yeah.
Q. Were you trying to break it off with
Diamond?
A. I did try. . . I was very
conflicted. . . I knew that Marty and I were going to have some problems
to work through when I first came to North Carolina. . . . I didn't
realize how big the problems were going to be. I didn't realize that
Marty was going to be leaving Fayetteville in January [2000] to go to a
school for five months. That made the problems even worse. . . He went
to Little Rock, Ark.. . . aircraft commanders' school. I was really
upset about that because he volunteered to go to that. Here we were,
just getting back to living together again, after all this time apart. .
. and then he goes and volunteers to go there, and leave me stuck in
Fayetteville alone. And, then I got involved with Diamond, and that made
things worse.
Q. So, you tried to break it off with Diamond?
A. Yeah, it was back in August [2000],
it was when I found out that he was married. . . at the trial, they
portrayed this as if I knew that he was married and had a kid, and I was
trying to break up his marriage. I was so shocked when I found out he
was married [she says she knew about Diamond's first marriage, not the
second]. . . I was married, and I didn't try to hide it. . . .
Q. You tried to break up with Diamond in
August 2000?
A. Yeah, that was when Marty and I had
separated. . . . That was when I decided I wanted to work things out
with Marty. . . . John was very charming and interesting and fun to be
around. But even at the time, there were things that made me feel like I
couldn't trust him. . . he would say he loved me or whatever, I kind of
felt like he was conning me sometimes. . . . Even now I wonder if he was
just using me. But, anyway, I really did want to make things work out
with Marty. . . . I told John I didn't want to see him anymore, that I
wanted to make my marriage work. . . he got really angry. . . Then he
kind of turned to the pleading – well, can't we at least be friends, we
had all these good times, and stupid me, I was, like, OK, I guess we can
be friends and get together and have coffee now and then. And I thought
that I could handle that. I thought that would be OK. Of course, it
didn't work out like that.
Q. Was there a second time you tried to break
up with Diamond?
A. Yes. The second time. . . was right
before Thanksgiving [2000]. This time, he got very angry, and there was
a lot of phone calls. . . him repeatedly calling me. . . He did that on
occasion–he did threaten suicide on the phone. . . .
Q. Was there a third time when you tried to
break up?
A. Yeah. . . right before Thanksgiving.
Q. Why do you think he borrowed the gun at
that time? Did he tell you he borrowed the gun?
A. No, as a matter of fact, I did not
know that he had borrowed the gun, and I did not make the connection
until, actually, when we were – it was actually when I was doing an
interview. This was when I was in jail, and I was doing an interview. .
. with my lawyer. And he had a typed out timeline, and it. . . had their
note of the first time that he borrowed the gun. That was the first
time.
Q. And the third time you tried to break up
would have been?
A. That was the Sunday after my
birthday. . . December 10.
Q. Did you meet him somewhere and say you
wanted to break up?
A. No, I told him, I told him on the
drive back from Raleigh.
Q. This is when you went to Raleigh to
celebrate your birthday?
A. Yeah.
Q. What did you tell him?
A. That I couldn't keep living like
this. . . [that] if I was going to make my marriage work, I had to put
100 percent into it, that I couldn't lie, couldn't live a double life.
That I just needed to not see him anymore. And he was very cocky about
it. . . he acted like he didn't believe me, or like he would just be
able to talk me into it again, or something, I don't know. And, later
that night, I think he called me, and I told him again on the phone,
don't call me anymore. . . And that is when he started calling – either
that night or the next morning, I don't remember, he started calling me
at, like, 3 o'clock in the morning, every 10 minutes, on the cell-phone,
and later started calling my home phone. . . I wasn't answering. . . I
tried ignoring his phone calls for as long as I could. And then he
started calling my office. . . when he couldn't get a hold of me, I
think Tuesday afternoon [Dec. 12, 2000], he called Tom Harbin [her
employer]. . . I remember Tom telling me that John called and left a
message that he wanted to talk to him. . . I just couldn't take it
anymore–he kept calling and kept calling and kept calling. . . I finally
talked to him, I said, please stop calling. He was threatening me, I am
going to call the APA [American Psychological Association], I'm going to
call the state licensing board, and have you – I'm going to say I was a
patient, you had sex with me, I am going to make you lose your license.
. . He was saying that. . . I'm going to tell your husband and tell him
we've been having an affair. . . he was just completely out of control.
So, finally, I told him. . . I don't have any time to meet you until
Thursday or Friday, whenever it was – I said, just give me until then,
don't call, and then I will talk to you. And he said, OK, and he stopped
calling.
Q. So, then you meet with him on Saturday at
Zorba's restaurant?
A. It was Friday [December 15]. . . I
just felt so trapped. . . I couldn't do anything to save myself. If I
tried to break it off with him, he was gonna go crazy, he was gonna kill
himself, he was gonna report everything to everybody. . . I didn't want
to get back together with him, especially now I'm finding that the guy's
crazy. But, you know, he gives me the whole spiel. . . if you don't want
to be together, we can be friends, we can talk every now and then, so I
said OK. You know, anything to appease the guy at this point. . . I just
kept thinking to myself, this time, you know, obviously, I can't cut it
off, I can't do cold turkey. What I am going to have to do is just, I am
going to have to just slowly, slowly cut it off. . . .
Part 4: December 17th, 2000
Q. So, then you talked to Diamond on Saturday,
December 16?
A. I did. I talked to him several
times. The next morning, I go outside, and my car is dead.
Q. The Corvette?
A. Yeah.
Q. Was that a 1977?
A. 1976. My mechanic that I normally
went to is closed on weekends. I can't remember what – I think it was the
starter. . .
Q. Did you call Diamond, rather than Marty,
why not just have Marty do that?
A. Marty could barely be trusted to put
the gas in the right part of the car. No, I didn't call Marty. Marty was
there at the house. Marty helped me push the car out of the driveway. .
. I called [Diamond] to ask his opinion. This is what the car sounds
like when I put the key in and I turn it. Basically, what do you think
it could be?. . . If it is just a starter, can I trust Pep Boys to
replace the starter, or are they going to destroy my car? I am thinking
if I have to wait until Monday morning to get it towed in to my
mechanic, my car is going to be out of commission for two days, and here
I've got back-to-back appointments from 8 o'clock Monday morning until 9
o'clock Monday night. . . I just couldn't afford to be without a car.
So, I ended up calling him back several times asking his opinion about
something, between Saturday and Sunday, I don't really remember. I ended
up having it towed in on Saturday, but it was to Pep Boys... It was
supposed to be fixed Sunday afternoon, and Marty and I were going to
pick it up. . . but then [Pep Boys] actually called while we were on our
way up to Raleigh [for Christmas dinner] and said that it wasn't done,
after all, and wouldn't be ready to be picked up Monday. . .
Q. In terms of the events on Sunday, December
17, Tom Harbin testified that you had convinced him to invite Marty and
Dominique Peterson, the boyfriend of Heidi Mougey, the office manager
for the Harbin practice, to the office party?
A. He perceived it differently than I
did. The year before, we had gone out for lunch, just the three of us
[Michelle, Harbin, and Heidi Mougey]. . . And when Harbin brought it up,
he said I thought we would go out for a nice dinner this year, and I
said, OK. . . I assumed. . . that we are all going. . . but I realized.
. . that he was suggesting that Marty was not invited. . . I was shocked
to even realize that he thought I was going to drive, alone, on a Sunday
night, an hour and a half [to Raleigh] to have dinner with him and his
wife and our secretary. And I said to him, I don't want to go. . . I
thought Marty and Dominique were coming. . .
Q. Harbin said he would invite the men.
A. Yeah. . .
Q. Is it true, as the police have alleged,
that you told Diamond about this Sundaynight dinner at your lunch at Zorba's?
A. No. Well, if I did, it was
inadvertent. I never, as a rule, I never talked to John about anything
that Marty and I did together. It was, like, a taboo subject. . . John
[said] that he knew I was going. Whether he saw that in my calendar
because in my calendar it says, my DayTimer, it says, something like,
Christmas party, whatever time, I don't know. Whether he overheard,
whether I got a phone call and he overheard me say something–
Q. Well, the cops say you schemed with him?
A. Well, of course they are going to
say that.
Q. You are saying you didn't tell him you were
going out on Sunday night.
A. I don't recall telling him that. . .
John did tell the police that he knew I was going to Raleigh for a
Christmas party that night. . . .
Q. You had a good time at the Fox and Hound.
You went into the bathroom and called Diamond's cellphone as the party
was leaving the restaurant that Sunday night to go back to Fayetteville?
A. Here's what really happened. They
[the police] asked me if I had talked to John on Sunday. And I said,
yes, that I had talked to him a couple of times. They asked me what
time. I said I don't really know what time I talked to him. I talked to
him a couple times from the house. And I wasn't sure what time it was,
but that I knew it was before – I think I said 4 o'clock – because I knew
that we had left the house at, like, 4 o'clock. . . . They said, let's
go over everything that happened on Sunday. What time did you wake up?
What did you do then? So, we are going through Sunday... I tell them
that Pep Boys called [her] in the car, and we got to the restaurant. . .
[Marty, Michelle, Heidi, and Dominique Peterson arrived at the
restaurant before Harbin and his wife and were seated]. . . I got up,
and I went into the bathroom, and as I'm going into the bathroom, I'm
thinking about this phone call I got from Pep Boys maybe 15 minutes
earlier, and about, God, you know, my car's not going to be ready, I
can't go pick up my car tonight. Tomorrow morning, Marty's got to get up
in the morning and leave at 4 a.m. because he's got a flight, first
thing. And now he is going to be gone at 4 a.m., it's not going to be
done until noon, I'm not going to have a car, how am I going to get to
work? I am thinking about this. . . as I get up, and I am walking to the
bathroom, and as I am standing in front of the mirror putting on my
lipstick, and even as I'm doing this, I'm thinking I could call John and
he could pick me up and take me to work. And even as I'm saying, God,
no, I don't want to ask him for anything. . . I'm wondering if I should
call. No, I'm not going to call. Yeah, OK, I'm going to call. So I pull
up my [phone], and I dial his number and I call. Now, I don't know what
time this is, but it's gotta be. . . like 6, 6:15. But that's when I
made the phone call, or I should say I tried to make the phone call
because I dialed his number and I think, you know, normally his phone
rings like four times and then it goes to voice. So, I dial his phone
number, and it rings three solid rings. Even as it is ringing, I'm still
debating – oh, I shouldn't be asking him for a favor. So, it rings three
times, and I hang up because I am not going to leave a voice mail
because if I leave a voice mail, he's going to call me back. Do I want
John calling me back when I'm sitting at the table in a restaurant with
Marty? No, I don't want to do that. . . . So, anyway, that's what I told
[Detective Ralph] Clinkscales that, oh, yeah, that's when I tried to
call John, but I didn't talk to him.
Q. But the cops say you made this call as you
are leaving the restaurant a couple hours later, as a signal to Diamond
that your party was heading back to Fayetteville?
A. They say that. They say that later
because that's when they want it, because that's what fits their theory.
Q. This is a big discrepancy between you
calling at 6:30 or [three hours later]?
A. Yes.
Q. Diamond claimed that you were the shooter.
A. Right.
Q. How do you feel hearing something like
that?
A. I was shocked.
Q. Do you know how to fire a gun? Have you
ever fired a gun?
A. Uhhuh. I fired an M16 two times.
Q. In the Air Force?
A. Yeah. . . Once in basic training,
and once out at the Air Force Academy, I guess to prove that I was
current.
Q. Have you ever fired a handgun?
A. Never, uhuh.
Q. Do you think John Diamond killed your
husband?
A. I do now. . . .
Q. Why do you think he did it?
A. Why do I think he did it? I don't
know. . . I don't think there is a pat answer.
Q. John Diamond's proffer [his military
attorney's offer of testimony to civilian prosecutors] puts it right on
you. He said you had told him at Zorba's to meet you at your office at
11 p.m., and he got there, and that, as he approached, he saw this man
on the ground, and he said that you had shot him, you were wearing latex
gloves. Is this all fantasy?
A. Uhhuh.
Q. You are telling me he was obsessed with
you–that you were trying to break it off, you weren't very successful.
Why did he do it?
A. I think he just thought it was an
easy solution to the problem, to what he saw as being in the way of our
relationship. I told him that there [were] other obstacles. As a matter
of fact, I remember, in one of the Emails I listed numerous things,
numerous reasons why we could not be together, and I very purposely did
not include my husband as being one of those reasons because I knew that
he wouldn't buy [that] as an argument, anyway, and I knew he would just
say, though, you love me more than him, anyway, or, you know, I am
better than he is, anyway. I knew that he would discount that. . . I
gave him other, solid concrete reasons.
Q. Which were?
A. I don't even know that I can
remember now. That Email was included in the evidence. . . . I was
hoping that the jury would notice that I didn't say, my husband, the
reason I can't be with you, because that would be something that you
would think would be manipulative, saying I can't be with you because I
have a husband. I can't be with you because I love him more than you. If
he weren't around, then we could be together. But, no, I never said
anything remotely like that. I gave him all the other reasons.
Q. That's what the cops laid on
you – manipulating Diamond into this viewpoint that he thought the only
way he could have you. As I read this proffer from Diamond, he is
describing you as a cold blooded killer.
A. He's describing himself. I mean, I
think even the police and the prosecutors know that there's no way I
could have done what he says; otherwise, I'm sure they would have argued
it.
Q. Did you manipulate Diamond into killing
your husband? Were you the so-called Black Widow that Tom Harbin made
reference to in his testimony?
A. No.
Q. Did you ever describe yourself as a Black
Widow?
A. Not that I recall.
Q. Even in joking.
A. I don't recall that. . . .
Q. You're not capable of doing what Diamond
says you did?
A. No, and I would have no reason. . .
.
Q. You're telling me you are innocent.
A. Yes, you know this is one of the
things that has just blown me away from the beginning is that people who
have known me for years, all my life, who have seen that I am not a cold
person. I don't hurt people. My whole life has been about helping
people. . . I have been a volunteer since I was 15 years old. . . I can
remember getting on the bus and riding the bus to go volunteer at
Children's Hospital in Denver, and I did that for several years. . . .
Q. But some people suggest that you are a
psychopath, that you showed no remorse.
A. Show remorse for what? I'm not
guilty of – I mean how can I show remorse for a crime that I didn't
commit? I loved Marty, and even if I, even if our marriage had ended,
even if we had decided to get a divorce, even the times when we were
having problems, there was never hatred there. And even the times when
Marty and I disagreed. . . there was never any knockdown, drag-out
fights. And, you know, that was part of the problem we had.
Q. You didn't communicate.
A. Even when we communicated, there was
no passion. Even our arguments, there was no passion. . . We didn't hate
each other. There was no hatred there. . . . It is so hard for me to
understand people who knew us, who basically saw us grow up together,
you know, how they could think that I would want to harm Marty. I mean.
. . I don't understand it, I really don't. . . .
Q. What happened after the party and you drove
back?
A. OK. . . Dominique [Peterson] and
Heidi [Mougey] had driven up with us. . . . We got back to Fayetteville
pretty quick–Marty drives fast – there's not a lot of traffic on the road.
And, we pulled into the parking lot, dropped Heidi and Dominque, and we
left, and as we were pulling out, I brought up to Marty, I said, we need
to talk about what we are going to do tomorrow about the cars. Because
the Corvette's not ready, they said not to plan on it being ready until
lunchtime. . . . So, we are kind of talking back and forth, hashing out
some different ideas, and Marty looks at the gas gauge and pulls over to
get some gas. . . . I just said I will call a cab in the morning, since
Marty had to get up so early. . . because he had a flight. I was going
to get a cab to take me to work. I had two reports that I had worked on
over the weekend – psychological evaluations, they are like 10 to 12 pages
long. And one of them I had to have ready the next morning for, like,
8:30 was my first appointment. And I had almost finished it, there was
just a little part that I hadn't done because there was a book that I
had needed at the office. And, so I said, Marty, well, I'm worried, if I
call a cab, what if they don't show up on time, what if I don't get to
work on time, I gotta have this report done. . . . So, we decided to go
back to the office and get this book that I needed. And, actually, I
thought. . . there is another [report]. . . . I will get both of these
reports, and I will stay up tonight and finish this. It was 10:30, which
for me is pretty early. I'm a night owl. I'd rather stay up to 3 in the
morning to get something done and only get five hours of sleep than to
go to bed early and get up at, you know, 4 o'clock in the morning. It
was only 10:30. We decided to go back to the office, I am going to get
my books, and then we'll go home. He's, of course, going to go to bed,
and I'll stay up late. So, we turn around – it's only, it's not very far,
I thought it was only about a mile, but I guess it's actually 2 miles.
And, of course, this time of night, there's absolutely no traffic, all
the lights are on green, so it takes no time at all to get back there
[to the office]. Marty pulls up behind the building, parks the car, I
get out, I go upstairs, and, I don't think there's a light back there,
there's a light off to the side.
Q. Was it dark?
A. It was dark, but there's a
streetlight. . . . I go up there [up the outside stairway to the
second floor back entrance], I open the door, I go in. The office doors
are locked. I turn on the hall light. I open the door to my office, I go
in, turn on the lights. One of the little booklet things that I need
[is] in my file folder. They are there in the office – I get those. And
then I go over to the other side of the suites – sort of like U-shaped,
with the stairs in the middle – go around to the other side, open that
door, and one of the books – the book that I was getting was actually one
of Tom's [Harbin's] books – so I have to look for it a minute, it's in his
bookshelves. I get that book. . . go into my office, and I'm sort of
standing there for a minute. . . [and] thinking to myself, is there
anything else that I need to finish these two reports while I'm here?
And I'm pausing just for a few seconds. I have been in there, I don't
know, maybe two minutes. You know, it's hard to judge time when it's a
brief period of time like that. And I heard a noise. And the way I
remembered hearing it was hearing one noise and then a pause, and then a
series of noises, that's the way I remembered hearing it. And in the
police notes, that's the way one of the witnesses says that he heard it
was one, and then a series.
Q. That's how Ramsey Lewis describes it,
deliberate shots. What did you think it was, a gun, or a car backfiring?
A. It didn't sound like to me what I
thought a gun sounds like. . . . To me, it sounded more like a popping
sound. And the first thing, really, that I thought of was those little
popper things, those little snappers that you throw on the ground.
That's actually what it sounded like to me, which I really felt more at
a subconscious level than a conscious level, but I heard a noise, you
know you have these thoughts, a hundred things in one second, and I
remember kind of thinking, what was that? That wasn't a car backfiring,
that doesn't sound right, sort of this thought process that happened in
an instant. And I walked to the back door, and I pushed the door open,
and I looked out, and I didn't see anything that way, and I looked
downstairs and I saw Marty laying at the bottom of the stairs, and I ran
down. . . the stairs, and really I remember seeing at first. . . the
blood on his forehead. And I thought, Marty fell down the stairs and hit
[his] head. And, he was breathing, and his breathing was very ragged
sounding. He had a lot of phlegm or something in his throat. And I
remember wiping the blood off the front of his forehead and saying,
"Marty, Marty, Marty, are you OK?" His eyes were open, but he wasn't
looking at me. He was just looking straight ahead. . . . He was
breathing, but it sounded very ragged. . . it sounded like he had a lot
of phlegm in his throat.
Q. Did you realize he had been shot then, or
what did you think?
A. I just remember thinking, I kept
looking at the blood on the front of his forehead and wiping it away and
thinking that he had fallen and cut his head. But when he wouldn't
answer me, I kept thinking something's wrong. And, of course, this is
all happening in about three seconds. And for some reason, which I still
don't understand, because it seems illogical if somebody's breathing,
but I put my head down on his chest to check his heartbeat or something,
I guess, I don't know, but of course I couldn't hear anything because my
own heart was pounding in my ear. And I remember telling him, telling
him, it's going to be OK, it's going to be OK, I'm going to go get help.
I got up and I saw – I was at the bottom of the stairs, and I was facing
the building next to us, and the lights were on inside [that] building,
and there was a light on at the back of the building and then there was
a car parked there–actually there were several cars parked.
Q. On the same parking lot?
A. In the building next to ours. . . .
There were several cars parked. . .
Q. Was there anybody in these cars?
A. No, but I will say that it looked
like somebody was there because there were lights and the cars, I guess.
And all I could think was, somebody help me, somebody help me, somebody
help me. And that's what I told Marty, I am going to get somebody to
help. . . [she says she ran across the back of the parking lot and
banged on the doors of commercial buildings]. . . There were doors all
along the back. . . and nobody answered. [She says she then ran through
an alley out onto Raeford Road, the thoroughfare that runs in front of
her office building. She says she tried to flag down passing cars, but
none stopped. Then, she ran several blocks along Raeford Road, losing a
shoe, and reached the Video Hut.].
Q. Were you pretty hysterical?
A. Yeah. . . . I started screaming, I
don't know what I was screaming: "Is anybody here [at the Video Hut],
somebody help me please, somebody, is anybody here?" And this woman
walked out. . . and when I said the words, it was like somebody else was
saying them. It was like it was the first time I realized this – that
somebody shot my husband. . . . I don't think I really realized until
that moment that I knew what happened. And she called 911. I know that
at some point she gave me the phone, I could hardly hear what the
operator was saying, it felt like they were – I remember I had to keep
saying the address over and over again. It seemed like they couldn't
understand the address. . . .
Q. At the time you got there, it dawned on you
that Marty had been shot?
A. I don't even remember even putting
together [the words]. It was like the words came out of my mouth on
their own. . . .
Part 5: Confronting John Diamond
Q. What prevailed upon you to stay with
Diamond after Marty was killed?
A. I really didn't stay with him.
That's another thing that the prosecutors really twisted. When I saw Tom
[Harbin] the next morning, one of the first things he said to me was
something to the effect that, you know, the cops are going to ask about
John [Diamond] or are going to find out about John, I don't know,
something like that, and I said, I know. And he asked me, do you think
John did it? And, of course, my first reaction was to say, no, of course
not. I mean, how or why would I think that someone that I cared [about].
. . would do something that hideous? But after he had left, and after
some time had passed, I started thinking about it – I mean, of course, I
started thinking about anybody who could have done that. Who would do
that? Why would they do that? And, you know, I came up with dozens of
horrible possibilities. . . I think it was Wednesday morning [after the
murder]. . . I was driving to work, and I started thinking. . . if John
had done this. And I saw a gas station and I pulled over and I called
him. . . and asked if he could meet me at the coffee shop in 10 minutes,
and he said, yes. . . .
Q. In Fayetteville?
A. Uhhuh. . . It was in like a
mini-mall, so it had like glass along the front. I pulled up outside. .
. He was sitting inside on the couch, and I rolled down the window and
tapped the horn and waved at him to come out to the car. And he came out
to the car, got in, and, of course, he looked very concerned, very
sympathetic, and he's like, how are you doing, I am so sorry. And I just
looked at him square in the face, and I said, I want you to be honest
with me. Do you know anything about this? I didn't say, you know, did
you kill Marty? I just said, do you know anything about this? Do you
know anything about what's happened? And he just said, no, no,
absolutely not. . . .
Q. Were you convinced when he said that?
A. I was. I was. And maybe part of it
was, you know, obviously I wanted to believe him, so maybe I was stupid.
Maybe he's a really good liar. Well, he is a good liar. Of course,
everybody would say I'm a good liar, so whatever. But the point is, I
believed him, whether it was because I wanted to believe him, or because
he's a good liar, I don't know. It doesn't matter. I believed him. And,
that was when, you know, I talked to him for just a few minutes after
that. He got out of the car, and I left.
Q. You buried Marty at the Air Force Academy?
A. Yes.
Q. After you come back, is it true that you
went to Myrtle Beach with John?
A. I went by myself. . . He was never
in Myrtle Beach. . . I was in Denver, and after spending two weeks,
about two weeks, just under two weeks, I don't remember the exact date I
left, like the 29th [of December]. . . I was just exhausted. I had been
with both of my grandparents, both of my parents, my extended family for
this whole time. . . I was just feeling completely suffocated and
smothered, and I felt like I was just ready to die. I just needed to be
alone, that's all I could say. . . I felt like I couldn't breathe. The
sight of other people, the constant, you know, petting, coddling, and
talking, it was, like, over stimulus. And, so my dad made my plane
reservations. . . he made the hotel reservations for me for, I think,
two weeks. . . I was in a hotel that was right on the beach. Of course,
it was freezing cold. Even though it was the beach, it was freezing
cold. I pretty much just stayed in my room; I sat on the balcony wrapped
up in my coat and a blanket. . . .
Q. John Diamond was not there?
A. No. . . .
Q. Is this true, from Diamond's
proffer – Michelle wrote Diamond that she missed him and loved him, her
life was empty without him?
A. Uhuh. I never wrote him. I never
wrote him a single letter. I did send him books twice, once when he was
at Camp LeJeune.
Q. The proffer says you sneaked a set of
silver rings to him prior to his court-martial, wanted him to be
patient.
A. Uhuh
Q. This is all bullshit?
A. Yes. . .
Q. Is he making all this up?
A. (She nods yes)
[John Diamond's appellate lawyer, Donald
Rehkopf, argues that Michelle Theer continued to manipulate Diamond even
after he was charged with Marty Theer's murder. Rehkopf, in an appeal
with the U.S. Army Court of Criminal Appeals, says that Michelle Theer
arranged to find a defense lawyer for Diamond and even provided the
$1,500 used to retain two laywers, Coy Brewer and Ronnie Mitchell of
Fayetteville. Brewer says that he has no knowledge that Michelle
provided any of the retainer fee.]
Q. One of the things that Diamond's people
made a big deal of is that you paid the retainer to Coy Brewer and
Ronnie Mitchell. Why did you do that?
A. I didn't. . . .and I'll have to
admit my memory about some of this stuff is very bad. There is something
about, where I did send his sister a money order for $500 for something.
. . .
Q. The Diamond family would have no way of
knowing who Brewer was. It seems pretty clear that you must have told
them that Brewer and Mitchell were the people to hire?
A. Well, I guess if you were anybody,
and you just call and say, who's a really good attorney, anybody could
find out.
Q. Did you recommend Brewer and Mitchell to
the Diamonds?
A. No, uhuh, now I might have told him
you should get an attorney, but actually I might not have because, I
don't know.
Q. I think you paid something like $1,500.
A. Well. . . I did save. . . a money
order receipt for $500 to the sister [Deborah Dvorak, younger sister of
Diamond]. . . I am not sure I remember why I sent that to her, except I
did start calling her on the phone after John was arrested. We did start
communicating fairly frequently.
Q. Why were you sending her money, to help
him?
A. No, no, and I don't remember the
specific reason, but I did start communicating with her on a regular
basis, and I would say we became friends. . . The best I can remember
what I sent it to her for was a loan. . .
I think that is why I sent her the money. . .
.
Q. Did you ever practice black magic?
A. No, or white magic.
Q. Both Deborah Dvorak and Diamond's proffer
said that you did practice black magic. Deborah told me you put a spell
on the military prosecutor in the Diamond case. Where does that come
from?
A. I don't know where the two of them
cooked that up.
Q. Was your grandmother ever a high priestess,
did you ever tell anybody that?
A. No, my family is from New Orleans.
There is voodoo stuff in New Orleans. . . .
Q. You never practiced any kind of black magic
or put spells on people? You are not going to put a spell on me?
A. No. Uhuh. I used to have a little
jar that said, Love Potion Number 9.
Q. On your license plate down in Florida, you
had a license plate, Godd5ss?
A. Right.
Q. Isn't Goddess part of witchcraft?
A. No, that was actually part of
my – remember I said I went through several religious phases. That was at
the point where after I turned 16, I refused to go to church anymore
because I was tired of the whole–we had gotten past the dark ages, and
we were still going to church, like a Presbyterian, but we were at the
hypocrite phase because we went to two different churches where the
churches ended up splitting because of divisions in the church. . . . At
that point, I decided that all Christians were hypocrites – say one thing,
do another, that they were all backbiters and back stabbers. So, when I
turned 16 and I got my driver's license, I told my mom I'm not going to
church ever again. So then – I don't feel I was an atheist – but I was
anti-religious until I went to college and then I sort of opened my mind
a little bit, and I went to, like, Christian Student Fellowship and
tried to open my mind to that a little bit. And Marty and I were
actually married by the pastor of Christian Student Fellowship at
Greeley. . . . The first years when we were married, every now and then
we would go to church. . . . This is when I got to college, and during
the time that Marty and I were married. I was looking for a spiritual
home. I felt something missing. But we'd go to a church, [and] if I felt
even the tiniest whiff of cultism, or dark ages, or hypocrites, that was
it – we were gone, and I wouldn't go back. So, when Marty died, I got
angry with God. I mean that I had made mistakes, but, still, I was going
to blame God. . . my mom and I spent a lot of time talking, and this is
sort of when I entered my Goddess phase. Because I told my mom, I said,
you know, why does God have to be a man? Who says the spirit has a
penis? Why does he have to be a man? I'm tired of the angry father God.
I want to know, what about, what about the father, what about the God
Mother? I am looking for the mother. I am looking for the God that is
going to be nurturing and is going to mother me. I am looking for the
creative God, the nourishing God, that's what I want. So that's what I
call – you could call my Goddess phase.
Q. When you are referring to the dark ages,
what do you mean?
A. When I say dark ages, I am referring
to the time in my childhood when we were going to the Southern
Baptist – that's the dark ages of my religious childhood. Yeah, and my mom
and I spent a lot of time talking about that, because, you know, my mom
is a very strong Christian. . . .
Q. Is Deborah Dvorak capable of making up
stuff that you put a spell on a prosecutor?
A. I feel like she would say or do
anything probably to protect her brother. And she told me a lot about
their family growing up. Her and John had a very rough childhood. . . .
Part 6: Going Underground
Q. What caused you to go on the lam?
A. It wasn't sudden at all. After Marty
died, my life was shattered – God, you have to remember, I met Marty right
when I turned 16, and so basically, my whole adult life, everything had
been planned with Marty, I mean, all the way up to retirement, the plans
that we had made, everything we had talked about, even if we wouldn't
have done half of it, or if we would have changed our minds about half
of it, which I am sure we would have. Still, what we had talked about,
and what we had planned, was together. And when Marty was gone, that all
went down the hole. It was shattered; it was gone. I was living in a
town where I had no one, where eventually I became a pariah. I was
practicing in a career where my own state of mind was making it more
difficult for me to continue in that career. You know, you have to be
able to concentrate, to focus, to set aside your own life; you have to
be fairly stable; I felt like I had no roots anywhere. I had nowhere
that I could go. I didn't want to go back to Colorado because. . . I was
afraid that there was too much there to remind me of Marty. Same with
Florida, but at the same time, I didn't want to go somewhere where I
didn't have anybody. Eventually, I did start off by going to Florida. I
thought, you know, I know some people there, that's where I went to
school, I have some connections, let me go down to Florida and practice.
So, I left Fayetteville.
Q. When was that?
A. That would have been the end of
April.
Q. 2001?
A. Yeah. By then, John was arrested,
and charged in March. . . I moved down to [Vero Beach] Florida; I
applied for my license to practice [psychology] down there. Actually,
most of my stuff I put into storage, but I took a few things with me,
moved down to Florida, was going to start looking for a job. . . . I was
in a holding pattern waiting to see what would happen with John's trial,
and at this point really not sure if he was guilty or not, but wanting
to know and waiting to see what I could find out. . . . I didn't testify
at his trial, based on the advice of my attorneys.
Q. They called you, and you took the fifth a
lot?
A. Right, because I was named as a
coconspirator. Had I not been specifically named, I might have
[testified].
Q. Were you worried when you left Fayetteville
in April that you would look guilty by leaving?
A. Well, you know I really wasn't
worried about what the general public would think, but I really didn't
see how people could expect me to stay there. . . . Why would I stay in
Fayetteville when I had no family, no friends, no life, potentially no
work. I am living in a four bedroom house all by myself, alone, why
wouldn't I leave? . . . After John was convicted, I was in just in a lot
of emotional turmoil. . . I just felt so upset. I didn't know what to
do. I decided I didn't want to stay in Florida anymore. . . . I felt a
need at that point to be around family, so I decided to go to New
Orleans, where my extended family is, so it would be kind of a fresh
start, a new place, but I would have the comfort and the security of a
very large extended family. So I went and stayed with my grandma and
lived with her a couple months.
Q. In New Orleans?
A. Yeah, and actually, to be perfectly
honest, I was waiting for them to come and arrest me. . . . I wasn't
looking for a job. I was just hanging out waiting for them to come and
arrest me. . . . I was waiting, waiting, waiting, waiting, waiting, I
was waiting for months. And that's very emotionally draining.
Q. How long did you stay down there with your
grandma?
A. I lived with my grandma for three
months.
. . .
Q. That was on your dad's side, right?
A. Yeah, and then I moved into a condo
[in New Orleans]. . . .
Q. How long did you stay there?
A. Until May [of 2002]. . . .
Q. And that's when you moved to
LauderdalebytheSea, Fla.?
A. Yes. . . .
Q. Why were you using different names?
A. Well, something had happened in
[Vero Beach] Florida. I had met this guy in Florida in July, and had
this little fling, I guess you could call it.
Q. July 2001?
A. Yeah, and this friend of his had looked up
my name on the Internet and contacted the Fayetteville Police
Department. . . This is Nelson King. This is a small town, he goes
around telling everybody, that's the chick that killed her husband. . .
he didn't want me with his friend. . . Darren Danielson, and he
succeeded. It didn't last very long at all. Anyway, after that little
fiasco, I decided I was gonna go back to my maiden name. So, when I
moved to New Orleans, I legally changed my name back to my maiden name [Forcier].
. . It's so easy, it's so common for people to Google a name. I just
didn't want to have to deal with that again.
Q. So when you, when you went back to Florida
[in May 2002], is that when you started using the names like Liza
Pendragon?
A. When I left New Orleans, that is
when I went underground.
Q. What names did you use?
A. Well, I had this fake ID. . . under
the name Elizabeth Pendragon. And, actually, a friend of mine who got
another fake ID with the same last name is the one who had picked out
the names.
Q. It has no signficance, Pendragon?
A. Pendragon, actually, he chose those
names because those are the names from the King Arthur novels, and the
prosecutor put somebody on the stand during the trial that said
Pendragon was the name of some magician that makes people disappear. . .
.
Q. What name did you get the Florida driver's
license under?
A. Alexandra Solomon.
[She says she also prepared fake birth and
baptismal certificates, using a software program.]
Q. Did you get a fake Social Security number,
too?
A. I hadn't done that yet.
Q. Just a Florida driver's license?
A. Yeah.
Q. That would have been in 2002?
A. Yeah. . . June.
Q. You were living down there near the water,
LauderdalebytheSea?
A. Yeah.
Q. Did you live in a cottage down there?
A. Yeah.
Q. Where did you get your money?
A. Marty and I, we had always invested,
we had always invested a regular part of our income, and that is what I
lived on after he died.
Q. How much do you think you had in terms of
savings?
A. It would be really hard to say. I
can tell you that the stock market crash ate up a lot of it because I
had left it all where it was.. . . We had IRAs, too. I cashed out the
IRAs. . . .
Q. So, you think you had as much as 100 grand?
A. Yeah. . . it was probably around
that, with our IRAs. Of course, I was never planning on touching the
IRAs, but I did.
Q. That would keep you going?
A. I don't really remember all the
details because I really didn't know what I was doing when I decided to
leave. It was something that I had been thinking about for months
because just the tension of having this over my head. . . I was under an
incredible amount of stress. I had become pretty much agoraphobic. I
never went out, certainly couldn't go out at night. I went out and got
myself a gigantic dog to protect myself, I was paranoid. . . . I had
gotten threatening letters from John [Diamond]. . . There were a lot of
reasons why I eventually decided that I had to just disappear, that I
just had to leave, because my life was no longer a life. . . .
Q. What did he say in these letters?
A. That I was going to be sorry, that
he had insurance, quote unquote, he always had a backup plan, and he had
insurance to take care of me, that I better watch my back. . . .
Q. So, when you got to Lauderdale by the Sea,
is that when you took up with this young fellow, Dana Horton?
A. It was, yeah, not too long after I
was there. . . .
Q. He thought you were Liza Pendragon?
A. Liza, yeah, yeah. I lived about two
blocks away from the beach. There is a little kind of restaurant on the
corner. . . two sides of it were open, open air. And in the corner. . .
there was like a little bar area. And they had decent food. . . . Every
now and then, I would walk up there and get something to eat. . . . They
had a couple of regulars there, always sitting at the bar. . . . They
had gotten to where they recognized me, and they would say, hello, and
one day when I was walking up there, he [Dana Horton] was there with
several of his friends, and I guess it was his birthday, or something,
and they convinced me to stay and have a drink, and then you stay for a
little while longer, and that's how that happened. . . . I had lived
there a couple weeks before I met him.
Q. How big was your cottage there?
A. Well, it had one bedroom, and it
had. . . a living room area, and then an office area, and then a little
dinette and a kitchen. . . . It was completely furnished. It had dishes
and silverware, towels and sheets, and everything – I think it [rented
for] about $900 a month.
Q. One of the things that has come up in this
case is that you had a way with men. Is that true?
A. I don't treat them like [expletive].
That's the problem. I'm too nice. I even remember Dana [Horton] making a
comment. . . to me, he says, you know, I can tell you are not from
Florida. I said, what do you mean? He says, most women in Florida, the
only thing they are interested in is how much money you make.
Q. What did he do for a living?
A. He was some kind of customer service
representative for a cruise line. . . .
Q. How did the U.S. marshals trace you?
A. I think what happened is, I gave him
[Horton] my dad's phone number. The police and everybody think that my
parents helped me, which they didn't. My dad definitely did not because
my dad and I had a falling out before I left [New Orleans]. . . so he
didn't even know that I had left. . . . And he certainly had not done
anything – hadn't given me any money, hadn't, you know, driven me
anywhere.
Q. This is when you were in New Orleans?
A. Yeah, and I can't remember
something, my mom [in Colorado] had gotten a letter from a storage unit
company [in New Orleans], the storage unit that was by my condo, where I
had all my scrapbooks and my photo albums. See, originally when I left I
had just said, forget it, I am cutting ties with all my past, and
leaving behind all these letters. I must have had 100 photo albums and
scrapbooks. I mean, every minute of my life with Marty was documented,
and I had just left it all behind, and of course stopped paying the
rent. Well, I had eventually gotten in touch with my mom on the
telephone while I was down there [Lauderdale-by-the-Sea], and I had
given her a mailing address at one of these Mail Boxes Plus. . . .
Q. This is one of those mail box outfits?
A. Right, so she could get in touch
with me if it was an emergency. And she had written me that [the storage
unit in New Orleans had contacted her]. . . about either coming to get
these things, paying the rent, whatever. . . . When I started thinking
about it, I was like, I don't want these photos to be thrown away. . . I
didn't want to lose them. So, I wanted Dana to call my dad. . . to see
if my dad would talk to me. I know this sounds complicated. I don't know
why I didn't just call my dad to see if he would talk to me. Whatever, I
think it was because Dana was in Nebraska at the time, and, stupid me, I
somehow thought if Dana would call my dad from a pay phone, and just
find out if my dad would talk to me, they would never be able to track me
from the pay phone, right? But, stupid Dana, even though I told him,
call from the pay phone, he called from his mother's house. And, so,
they tracked. . . from [her] dad's cell-phone; they said, hmmm, what's
this call from Nebraska?
Q. Were the marshals watching calls to your
dad's phone?
A. I guess so.
Q. So, Dana called from his mother's house to
your dad's, and the marshals realized that?
A. They checked out the mother's house
and the people associated with his mother's house and then tracked him
down to Florida. That's what they said at my trial.
Q. That makes sense, I think. I guess you were
pretty shocked when Horton pointed you out to the marshals.
A. He pulled up in front of the complex
of cottages and told them which one I was in. . . .
Q. Had you had some kind of plastic surgery?
A. Yeah. . . .
Q. Were you changing your nose?
A. I used to have a little bump here
[pointing to her nose]. I had that little bump taken out.
Q. What were the skin peels for? Laser peels?
A. Well, laser, if you actually, if you
look at my skin you can see a little bit where I have really uneven
coloration here [she points to her right temple area] and along my jaw
line here, and actually I wear sunscreen out so it doesn't get bad. But
this gets really bad, and I have really bad acne scarring. So, they take
the top layers off, and all it really does is smooth out your skin and
it smooths out the color pigmentation. I had it done for the first time,
actually, about 10 years ago, when Marty and I were living in Colorado
Springs because I had really bad acne as a teenager, and it did help a
lot. My skin is much smoother now. That is what I had done on the day
that I was arrested. The marshal was very nasty about it.
Q. The laser deal?
A. Yeah. I guess part of it is a
cultural thing. You know, in Florida, plastic surgery is a very common
thing. You know they advertise on TV, finance your boob job, monthly
payments, $29.99. . . .
Part 7: Perceptions about Michelle
Q. People have described you as arrogant,
superior, manipulative, self-possessed. How do you see yourself?
A. I don't feel like that at all. . . I used
to tell my patients, a lot of times they'd say, what should I call you,
should I call you Dr. Theer, should I call you Michelle. . . ? And I
would tell them, you should call me whatever you feel comfortable with.
. . my role is to make them feel comfortable with me, not for me to lord
it over them. . . .
Q. Why do you think there is this widespread
perception that you manipulate men?
A. It's hard once you get labeled as something
like that; it's hard to work that label off. You know, it seems like
society loves to tear down a successful woman, you know, and really not
even just a successful woman. People are like piranhas. They see
something – they see a chance, they see something bad, or dirty, and they
just love to tear it up. . . any kind of gossip, oh, look at this, look
at this, and, believe me, I see it every day in here. You cannot show a
moment of weakness. You show a moment of weakness, they'll eat you
alive. . . .
[Michelle begins to explain the trip that she
and Diamond took to Florida on Feb. 8, 2001, returning February 12. She
dropped him off at her sister Deborah Dvorak's home in Florida, and she
visited her friends. She and Diamond returned to her home in
Fayetteville on February 12. That same day, Army Sgt. Peyton Donald, who
had loaned his 9mm Smith & Wesson handgun to Diamond, called Diamond,
in the presence of authorities, and asked him to return it.]
Q. Did you hear Diamond's conversation with
Sergeant Donald?
A. No.
Q. Do you know anything about it?
A. No, when we got to the house, he [Diamond]
actually said, I need to take a shower, can I go take a shower? I said,
yes – use the guest bathroom. He went back and took a shower. . . I
wasn't aware that he received any phone calls. I don't remember any
conversations, but he came back out and said . . .
Q. After his shower?
A. Yeah, he came back [and said]. . . Let's go
get something to eat. . . I remember telling him I really didn't want to
go out because it was getting dark, [but]. . . I said, OK, I figured I
could stop and get gas and get milk. So, as we are leaving, we get in
the car, er, he gets in his car, I get in my car, as we are leaving. . .
that's when he told me. . . I forgot, I need to sign into the barracks
[at Fort Bragg] before 5 o'clock; otherwise. I would be considered AWOL,
whatever. All this time that I've known him, I thought he lived in the
barracks. He told me he lived in the barracks. I didn't find out until
after he was convicted. . . that he was supposedly living with his wife
all this time. But, so he said meet me at the Kentucky Fried Chicken,
and I said, OK, so he leaves, I stop, I get gas, because he's got to go
to the barracks, that will take a few minutes. I didn't go to the
grocery store – I just figured that wouldn't be enough time. I go to the
Kentucky Fried Chicken, I go inside, I am sitting there waiting for him,
I'm waiting, I'm waiting. I don't have my cell phone. . . It's been like
15 minutes by now that I have been sitting there waiting. . . . I don't
know where he is. . . . So, I go and drive by the barracks. . . he comes
out of the barracks and he flags me down, and I asked him, where's your
car? And he says, I parked it across the street [in the Gavin Hall
parking lot]. . . let's go get something to eat. So we go back to
Kentucky Fried Chicken, we get something to eat. I bring him back to his
car. We pull up to his car, and the window is broken. And he says, oh,
no, my window's broken. I didn't say anything. So, he gets out, he walks
around, he looks, he says, drive me back to the barracks. I take him
back to the barracks, he goes inside, and. . . he calls the military
police. I take him back over there [to his car], we wait for the police.
. . . At some point, he tells me that, I think it's after the military
police arrived, that his military weapon has been stolen out of the car.
And I'm thinking of his bayonet because. . . several times I've seen the
bayonet that goes on the end of the, I don't know if it's the M16 or
whatever, has been in the trunk of the car. And several times when I've
seen it, he said, 'Oh, I can get in trouble for having this in my car. I
really need to take this out.' And, so the police end up arresting him
and taking him away [for having had an unregistered handgun in his car].
. . .
Q. In terms of the way you are portrayed,
these various flings on the Internet, what's that all about?
A. Well, tell me who you are referring to?
Q. When you are on the Internet, in a chat
room, a guy named Nate, various people. You signed off as sexy brunette.
In the stuff that I've looked at, there are references to you dating men
off the Internet, meeting men off the Internet, going back a few years,
prior to Fayetteville.
A. I did have an affair with someone in
Alabama that I met on the Internet, but that was the only person.
Q. You mean prior to North Carolina?
A. Yeah.
Q. Charley McLendon [a North Carolina man who
met Michelle on the Internet] testified there was a relationship?
A. Yeah, he really blew our relationship way
up. I only saw him maybe three or four times.
Q. What were you looking for?
A. I guess I was looking for what I had lost
with Marty, companionship, affection, fun, laughter, someone I could
relax with, someone I could enjoy time with.
Q. Why did you lose that with Marty?
A. Well, we all change over time. And Marty
had changed. I had changed, too. But Marty had become very rigid, very
serious. . . .
Q. You weren't enjoying his company?
A. No. . . .
Q. There is stuff about you going to "swing
clubs" and having sex with other people – is that stuff all true?
A. Not the way it was portrayed, no.
Q. How would you portray it?
A. I wasn't meeting people on the Internet and
going to swing clubs, no.
Q. How would you end up in swing clubs? What
is a swing club?
A. It is a place where couples go to meet
other couples to have fun, drink, dance, flirt.
Q. It involves sex, too, doesn't it?
A. Possibly, yes. . . .
Q. Did you go to swing clubs with Diamond?
A. Once.
Q. And did it involve having sex with other
people? That's what the record showsat least that's what other people
say. Did you have sex with other people?
A. No, actually, we went and we were dancing,
and there was a really popular song that summer called "The Thong Song,"
and one of the couples we had been talking to that was sitting at our
table, the guy made some fairly innocuous comment about thongs to me,
and I don't even remember what it was. . . and John became violently
jealous, grabbed me by the arm, and dragged me out. And that was sort of
it for the night. . . .
Q. You have been with other men to other swing
clubs?
A. I went one other time with one other
person. . . a male friend.
Q. This is the kind of stuff implied – that you
used sex to get men, manipulated them. You are sitting here telling me
that's not the case. Do you think you did, and you don't realize it?
A. What defense [do] I have against that other
than people say I manipulated John Diamond to kill my husband? OK, what
is my defense to that other than to say I didn't? But I can say, give me
an example of what other man have I manipulated into doing other
things?. . .
Q. So, you don't think you manipulated Dana
Horton or some of these other people you had relationships with?
A. No, and I don't think Dana Horton would say
I manipulated him. . . .
Q. Did you have Marty killed for the life
insurance?
A. They are going to say that about anybody
[who]. . . has any life insurance. . . . I mean, all I can do is say,
no, that's not true.
Q. What got you into this corner. . .
maintaining a relationship with Diamond after it was clear he was a
suspect?
A. I wasn't in a relationship with him. . . .
Q. No, he was just staying there, at your
home?
A. I had several people staying the night. . .
I didn't like being alone at night.
Q. You had cut off all sexual relationship
with John Diamond by this time?
A. After the weekend of December 9, I never
was intimate with him again.
Q. It sure doesn't come across that way when
you read the trial transcript. There was testimony from neighbors that
he was always over there. How do you get around that?
A. They say he was over there the end of
December when I wasn't even there. I was in Colorado.
Q. Was he coming, though, more often than you
are telling me?
A. No, I think that time – I think that their
perception of when he was there – is just distorted. . . .
Q. Your point is that after Marty had died,
your affair with Diamond had ended, even though he drove you to Florida,
but that was to see your friend and get a little down time.
A. Yes. . . .
Q. Diamond says on that trip he disposed of
the gun.
A. He might have.
Q. His proffer says that Diamond and Michelle
drove to Florida and stopped at exits along the way, and they disposed
of pieces of the gun in dumpsters at each exit.
A. I don't know anything about that.
Q. Was this guy pathological?
A. Yeah.
Q. You are a psychologist, how come you didn't
notice that before?
A. I thought about that many times, believe
me. The only thing that I can really think of is that I didn't see him
in the real world. I never saw him interacting with his friends. I never
saw him at his job. I never saw him with his family. If you meet
somebody and you are dating them, or, if you live next door to somebody,
you kind of get to see how they act in the real world. But when I was
with John, it was always sort of a secret thing, and it was always sort
of a lie because – well, for one thing, he was lying to me about being
married, and lying to me about, he was always lying to me about
something, anyway, just our meeting together was always sort of a lie
because, you know, I was lying to everybody about where I was and what I
was doing. So, it was just like another lie within a lie. . . .
Q. Let's say you were writing this story, what
do you want people to convey about you–that you are not this monster?
A. I don't think people will ever believe that
I am not a monster. I think I would write a book and say everything
there is to be said, and counter every lie that's been said or been
written with what I see as the truth, and people wouldn't believe it,
because people want to believe the worst because it makes a better
story.
Q. In psychology, what is the term for it?
A. Catastrophizing. . . and believe me, I'm a
catastrophe.
Q. In your business, what does catastrophizing
mean?
A. The worst it could possibly be.
Q. Is that how you see your life? Or how you
see what's happened to you? Or is the way people see you?
A. Both.
Q. You mean you are innocent you are telling
me?
A. I made a lot of mistakes, and, ultimately,
I may be responsible for Marty's death because, if it wasn't for me,
John Diamond would never have come into our lives. But I never wanted
Marty dead, I never wanted him harmed, and if I could do anything to
bring him back, I would.
Q. You say that because you feel that, in some
ways, you allowed Diamond to become obsessed with you and because of
that he felt cornerred and had no other way out but to kill Marty.
A. I never thought that John would be capable
of doing what he did. I never saw him behave in any violent way. I never
saw him threaten violence to anyone or anything but himself when he said
that he would kill himself.
Part 8: Life since conviction
Q. What's life like here?
A. Pure hell.
Q. Have you adjusted at all?
A. What is adjustment?. . . I don't believe in
our justice system, I don't believe there's justice in our legal system,
not after what I saw at my trial.
Q. Do they keep you in a cell, or do you have
you in a barracks type of setup?
A. It's like a barracks. . . two people to a
room.
Q. You have rooms within a barracks?
A. Yes. . . bathroom down the hall, shower
down the hall, day room, a TV.
Q. Now, why did they put you in isolation?
A. They [prison officials] claim here that
they were misquoted. And, let me tell you, they won't give me a straight
answer about why I was kept in isolation for so long. So, don't ask me,
ask them.
Q. How long were you kept in isolation?
A. Eleven weeks.
Q. And what is isolation like here?
A. Hell.
Q. What do you do?
A. The inner circle of hell. You don't do
anything. You sit in a hot, un-air-conditioned room that's infested with
ants. You get your meal three times a day slid through a slot in the
door. And, that's about it. . . .
Q. Is it a cell with a toilet, bunk?
A. [She nods, Yes.]
Q. How long were you in here before they put
you in isolation?
A. When I got here. . . December 3 [2004]. . .
.
Q. How did you end up in isolation?
A. Well, everybody that has a sentence over 15
years has to do 45 days of a longterm adjustment. . . but I get treated
differently than everybody here so, of course, I did 11 weeks.
Q. Why do you get treated differently?
A. I don't know, they seem to get special
enjoyment out of punishing me, extra hard.
Q. Who is responsible for that?
A. I don't know, but you know what they say –
[expletive] rolls down hill, so, whoever started it, I don't know how
high up it started. . . but . . .
Q. Michelle, what is your hope, what are you
banking on?
A. I don't think about it. . . .
Q. So, you don't think about it, I am going to
win on appeal?
A. I don't think about it.
Q. Not at all?
A. No. . . I don't want to have my hopes
dashed. . . . I was so hopeful before, I was just so sure that the truth
was going to come out. I was just so sure that the jury was going to see
that this was all BS. Yes, I had an affair, yes, I thought about leaving
my husband, yes, I moved out, yes, we had problems, but none of that
makes me a violent killer. How can you make the leap from one to the
other? Forty percent of the marriages in this country have problems
similar to mine, but they don't end in violent death. Nobody came
forward to say they heard us screaming and throwing plates, nobody came
forward and said that they heard me say I'm going to kill you for this,
nobody. . . . See the complicated thing is that, you can't prove a
null. There's no facts to show you didn't do something. . . .You can have
facts that show you did do something, but there's no facts to show you
didn't do something. . . .
Q. You can't prove a negative is what you're
saying?
A.Yeah. I mean, the DA's [District Attorney]
did a great job in showing that I had an affair, that I talked to John
on the phone all the time. In fact, you know, I talked to John on the
phone all the time even up to the day Marty died. If I was planning his
murder, wouldn't I stop talking to John for at least a day or two?. . .
Q. Have you thought about writing a book?
A. I've thought about writing a book about my
case, and I have thought, even more, really, I have thought that if I
was going to write a book, I'd like to write a book, short stories
about some of the other women here. . . There are women who are here for
murder under very unique circumstances, and I think that society looks
at women who have killed and I just say women because I'm not, I don't
have any personal experience with these men, so I can't say, but I think
that society just looks at these women and just sees monsters. And I
don't think they understand. And I'm not saying an excuse, I'm saying
that I don't [believe] they understand these women or how they got that
way or how they are now. . . .
Q. Do you think you gave me this interview
because you feel defeated, that you want to get your story out?
A. I don't know if I feel defeated, but
I can tell you that, what I can say is that I feel like I have been
silenced for too long, and there is just some part of me that needs to
speak out in my own defense, you know. I can understand Kirk's [her
trial attorney Kirk Osborn] reasoning for not wanting to put me on the
stand, but now at this point, I feel like my silence has just basically
become a burden. . . . I guess, in some ways, I do feel defeated. In
jail, one girl who has been in several times, she said, I just want to
ask you one question. She said, you know, obviously you didn't love him
[Marty]. Why did she say that? Because I was having an affair, and she
thought I killed him [Marty]. I guess everyone thinks that, that I
didn't love him, and obviously I killed him, that's what they think.
Q. If you got off on appeal, would people
think you were innocent?
A. I would go around the rest of my life, and
people would say, that is the woman who killed her husband. . . . People
will always say, yeah, she killed her husband, and her boyfriend took
the fall. . . .'
Q. Was there any one thing that convicted you?
A. No. They brought in troops and troops and
troops of people, piling these grains of sand up until eventually you
have a mountain. It was circumstantial. All it proves is that I had an
affair. It did not prove that I planned and perpetrated a murder.
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