According to FBI records, agents decided not to further investigate because Small’s memory of Dallas streets and landmarks wasn’t accurate.
“That’s quite a witness,” a federal agent said. “Maybe he knows where Elvis is living now.”
So who killed the Durham family? a VSM asked.
Walter grimaced. “I have a theory. We’ll see if the state police are savvy enough to go forward with it.”
O’Kane was agitated. “It was a gruesome case,” he recalled, hardly appropriate for a social club. He and the other investigators were fundamentally men of action, not words; if you put an unsolved triple murder, a grave injustice, in front of them they naturally wanted to solve it. O’Kane was convinced Walter knew who the killer was, but there was nothing the vaunted members of the Vidocq Society could do about it unless they conducted their own private investigation.
As they left, Walter was disappointed that there had been so few questions from such an esteemed group of investigators. He attributed it to “natural caution. This is the first time we’ve done this, and they don’t know much about it. The guys were pretty much just following along with what I told them.”
William Gill, the decorated special agent in charge of Treasury agents in three states, sat silently through the presentation, stunned by Walter’s knowledge. After a lifetime in the military and law enforcement, he realized with a start that “homicide investigation is a very specialized field”-one he knew nothing about. “In Treasury, I’m a white-collar guy-mostly bribery, extortion, white-collar crimes. We follow the money, just like the IRS special agents. I don’t do homicides. I don’t do blood splatter.”
Gill dourly reflected on the irony that “Fleisher had gathered together these extremely talented people to examine murders and the majority of them are not homicide investigators.” An irrepressible optimist, the Treasury ASAC was confident that he and the other federal agents would make significant contributions, drawing on their own expertise. He decided the league of extraordinarily diverse talents was, like most things new and unusual, hard to grasp because it was a product of pure inspiration, “the simple genius of Bill Fleisher.”
Gill decided to test that genius at the very next meeting. At his request, the Vidocq Society examined the brutal execution of IRS agent Heidi A. Berg, shot to death six years earlier in suburban Virginia while jogging. Berg was a bright, athletic thirty-year-old woman from the Midwest who was slain in broad daylight. Her murder had never been solved. Virginia-based IRS special agent James Rice, whom Gill had assigned to the case in 1984, came to Philadelphia to present it with his former boss.
“Everyone has a case they can’t let go,” Fleisher said to Gill. “This is yours.”
Gill took the case personally. “A sadder thing I’ve never seen,” he said. Gill was head of the IRS Internal Security Division for the Mid-Atlantic region of Pennsylvania, Delaware, Maryland, and Virginia. He was responsible for protecting IRS employees and investigating threats and assaults against them. When Berg’s murder landed on his desk in Philadelphia, he felt his blood pressure spike.
Early on the morning of August 12, 1984, Berg was jogging through a park near her home in suburban Merrifield, Virginia, about ten miles west of Arlington. Berg, a dark-haired young woman wearing athletic shorts and a T-shirt, was a highly disciplined IRS agent and a habitual runner. She was a reserved woman from Wisconsin, a devout Christian, gave anonymously to charity, and dreamed of writing children’s books. She hadn’t an enemy in the world, police thought.
But at 6:30 that morning, just a few minutes into her jog, she was shot six times in the back with a handgun. She ran a few steps before collapsing and died where she fell, on the grass in front of an American Automobile Association building, where her body was discovered by a passing motorist. A single assassin apparently ambushed her, for reasons unknown. “She was executed by an excellent shot who emptied the gun on her,” Gill told the VSMs. “Someone really wanted Heidi Berg dead.”
He assigned Agent Rice and eight other veteran IRS agents in Virginia to the case. Rice became obsessed, spending parts of vacations working on the murder.
The crucial question hadn’t changed in six years: Who wanted to kill Heidi Berg? Police had no idea. The murder made no sense. As Fairfax County prosecutor Robert F. Horan Jr. put it, “Of all the people who jog in Fairfax County, you wouldn’t find many less likely to be the target of a homicide.” They even suspected a professional assassin may have killed the wrong woman.
Gill didn’t see it that way. “There were thousands of reasons someone would want to kill Heidi Berg,” he said, “each one printed with George Washington’s portrait.”
Heidi Berg was an IRS revenue officer, a difficult, dangerous job, Gill said. She was essentially an unarmed, civilian bill collector for the IRS. “When people really don’t pay their taxes and have had a lot of opportunities, letters, the revenue officers have to go out and knock on doors and do seizures,” Gill said. “Everybody hates the IRS, and if you say ‘bill collector for IRS’ you’re doubly hated. We had a high incidence of threats against revenue officers, and a few assaults.
“Naturally,” Gill said, “we assumed the killing was tied to her work.” In fact, Berg had recently been threatened in her job as a revenue officer based in Bailey’s Crossroads, Virginia. The threats had seemed serious enough that she received a transfer to the Washington, D.C., office and a less contentious job as program analyst.
But it was a dead end. “We pretty much exhausted the idea that it was job-related. We were reasonably sure it wasn’t anybody in her case files.” Then they found entries in Berg’s diary about a secret boyfriend, unknown to her friends or family. Her secret boyfriend was an FBI supervisor, a married man. Agents got excited when they learned the bullets that killed Berg were of “the same caliber issued by the FBI at the time,” Gill said. “It looked very promising. We went down that alley aggressively.”
FBI internal security gave the potential suspect a polygraph test, but it was inconclusive. Agents also gave polygraph tests to the man’s wife and his son, who was off at college. “It ruined the guy’s life for a while,” Gill said. “Bad luck for him that she maintained a diary.” The FBI supervisor was eliminated as a suspect. Another dead end.
“It’s a very frustrating case,” Gill said. “We had ten good agents in that office and a lot of money to spend. But we couldn’t get anywhere.”
So who killed Heidi Berg?
Richard Walter cleared his throat to speak, and Gill leaned forward. “Everyone seems to think if she’s pretty and young it was sexually driven,” Walter said. “I don’t see evidence for that. The killing is consistent with the angry taxpayer theory-Heidi is just disposed of, thrown away like trash, a killing all about power, which is what money represents. The gun is all power. But if everyone in her case files has been ruled out, the probability is she is a stranger to the killer. She was there and he had the needs and weapon and did her, a variant form of a drive-by shooting.”
The group fell silent. But why kill her? Bender asked. Walter frowned. “He may have tried to put the make on her and she said no, and he didn’t have the ability or testicles to take her down, so he satisfies himself with the gun. It’s also possible that he’s impotent or whatever else and that’s the most he can do, he feels isolated and he wants to take somebody out, and she’s a good-looking girl.”