CLOSE
Background: iStock
Background: iStock

Strong Words: The Book That Went on Trial for Murder

Background: iStock
Background: iStock

On the evening of March 3, 1993, James Perry drove from his home in Detroit toward Silver Spring, Maryland, a suburb of Washington, D.C. Paying in cash, he checked into a hotel in nearby Rockville. After settling in, he took his rental car back out on the road before coming to a stop near a two-story Colonial home. Armed with a rifle, he forced his way in and shot the owner, Mildred Horn, while she stood near the foot of the stairs. Heading to the second floor, he stormed into a bedroom occupied by a nurse, Janice Saunders, who was sitting in a rocking chair. She didn’t have time to register Perry’s arrival before being shot three times in the head.

With both women dead, Perry approached a bed occupied by Mildred’s son, 8-year-old Trevor Horn. When he was 13 months old, a hospital error had left Trevor a quadriplegic with brain damage and the need for around-the-clock care. Perry removed the tube from his neck that was connected to a respirator, killing him.

Perry drove back to the hotel. It would be a year before investigators could prove he was a hired killer, and that Mildred’s estranged spouse, Lawrence Horn, had hired him.

Horn, however, was not Perry’s only accused accomplice. In a case that would test the limits of the First Amendment, the families of the victims claimed Perry received his morbid education in contract killing courtesy of a book from Boulder, Colorado-based publisher Paladin Press: Hit Man: A Technical Manual for Independent Contractors. All 130 pages, lawyers argued, aided and abetted Perry in his crimes.

Paladin was a boutique publisher founded in 1970 by Vietnam veteran Peder Lund. Originally known as Panther Publications, the company changed names to avoid confusion with the Black Panthers activist group. Lund’s imprint specialized in the kind of weekend-warrior reading bookmarked by Soldier of Fortune subscribers: Titles on how to obtain fake identification, make bombs, or mount guerrilla warfare were popular sellers. They were in business less than two years before the FBI began keeping a file on them.

Handling most of their transactions via mail order gave Lund few opportunities to see his customers face-to-face. While most would be what his legal team would later describe as “Walter Mitty types,” fetishizing the clichés of action heroes, some may have absorbed the material—like instructionals on how to make a firearm silencer—without irony.

Paladin originally published Hit Man in 1983. Written by an unknown author under the pseudonym “Rex Feral,” the book purported to be a guide to entering the business of contract killings, covering one’s tracks, and resisting the “ego” that comes with being a gun for hire. Over the next ten years, Paladin sold roughly 13,000 copies. At least one of them was delivered to James Perry.

Perry was known in Detroit as a hustler and ambitious street-level entrepreneur. He had done time in the 1970s for armed robbery. While in prison, he met up with a man named Thomas Turner. It was Turner who referred his cousin, Lawrence Horn, to Perry.

Horn was also from Detroit and had spent several years working as a sound engineer for Berry Gordy Jr.’s Motown recording studios. While in the booth, he had supervised tracks for the Supremes, Smokey Robinson, and other highly influential artists. But by the 1990s, the work had dried up.

His personal life also faltered. Horn had been married to Mildred, a flight attendant he met in 1972. In 1985 they had a son, Trevor, who suffered medical problems due to his underdeveloped lungs. Shortly after his birth, the Horns had drifted apart. Their last joint effort was winning a malpractice settlement worth $2 million—including upfront payments to Horn and Mildred of $120,000 and $250,000, respectively.

By 1992, Horn’s share was spent. He was in Hollywood, broke, with his ex-wife demanding past due child support. Horn, prosecutors later alleged, knew the nearly $2 million trust fund was being held for Trevor’s care. He also knew that if anything happened to both Mildred and his son, he would be in line to receive the full amount.

Through Turner, Horn connected with Perry. The two spoke to each other dozens of times over the course of a year, with Horn wiring between $3500 and $5000 to the budding hit man. In March 1993, with Horn in his California apartment, Perry drove to Silver Spring and murdered all three occupants. Within a few weeks, Horn was filing paperwork to claim the trust fund.

Authorities thought this was suspicious. They were also intrigued by several phone calls made by Perry to Horn where Perry insisted on getting more money. Records showed Horn had also received calls from pay phones near a hotel and a Denny’s the night of the murders. Further inquiry showed traces of a criminal who didn't think too quickly on his feet: While Perry paid cash, he willingly handed over his driver’s license when the hotel clerk asked for identification.

Perry and Horn were tried and convicted separately—Horn in 1995 and Perry in 2001 after an earlier mistrial due to an inadmissible phone recording. Prosecutors related that a search of Perry’s residence had uncovered a Paladin catalog as well as evidence of a check sent to the company for two books: Hit Man and a title on how to make an effective silencer. 

Before Horn had made his way through criminal court, the relatives of Mildred and Trevor Horn and Janice Saunders pursued civil action against Paladin. Their reasoning was that the publisher had incriminated itself by providing a manual that Perry hadn’t merely skimmed—he mimicked more than 20 specific instructions for getting away with murder.

The author's advice included soliciting business via a mutual friend and using an AR-7 rifle after drilling out the serial numbers. Victims, the book cautioned, should be attacked no closer than a distance of three feet to avoid stains on clothing and to be shot through their eyes to ensure success. After the act, the killer should disassemble the weapon and scatter the pieces in hopes that the authorities would consider the whole operation a bungled burglary. Perry followed each piece of advice to the letter.

In July 1996, U.S. District Judge Alex Williams heard arguments from the families’ lawyer, Howard Siegel, who attacked Paladin. “These manuals were published with the express intention to encourage and facilitate the commission of murder,” Siegel told the Baltimore Sun.

Though Hit Man was labeled “loathsome” by the judge, he declared that the publisher and the book were insulated from charges of aiding and abetting due to the First Amendment.

The resulting publicity was good for sales. Lund told The New York Times orders for the book and others in his catalog were growing. “I know of hundreds and hundreds of books and films that are just as explicit in their instructions,” he said. “I see this dead on as a free-speech issue."  (Lund refused to reveal the author's name, though court records obtained by media eventually disclosed the writer was a mother of two who had no apparent history as an assassin.)

In November 1997, a Federal appeals court remanded Williams' decision. In their written declaration, the court found that Hit Man was offered no such protection because any speech aiding and abetting murder was exempt from First Amendment discussion:

Paladin has stipulated that it provided its assistance to Perry with both the knowledge and the intent that the book would immediately be used by criminals and would-be criminals in the solicitation, planning, and commission of murder and murder for hire, and even absent the stipulations, a jury could reasonably find such specific intent… Were the First Amendment to offer protection even in these circumstances, one could publish, by traditional means or even on the internet, the necessary plans and instructions for assassinating the President, for poisoning a city's water supply, for blowing up a skyscraper or public building, or for similar acts of terror and mass destruction, with the specific, indeed even the admitted, purpose of assisting such crimes--all with impunity.

The ruling took free speech advocates by surprise. Several entities, including Disney, The New York Times, and The Washington Post, had signed a letter of support—not precisely backing Paladin, but cautioning that the First Amendment might undergo “serious and substantial” harm.

Lawyers for Paladin appealed to the Supreme Court, but the court refused to hear any further discussion. With the decision set in stone, the publisher was facing the possibility of a jury trial in 1999. Fearing a decision in the plaintiff’s favor would be costly, Paladin’s insurance company elected to settle for an undisclosed sum in the seven-figure range, along with a promise the book would go out of print. The entire case is believed to be the first time in history a publisher has ever been held liable in America—at least financially—for murder.

Paladin still operates out of Boulder, Colorado, selling a variety of titles on lock-picking, spying, and sniping. Lawrence Horn is, at last account, still alive and serving a life sentence. James Perry died in prison in 2009 at the age of 61.

Additional Sources:
Rice v. Paladin Enterprises”; “FBI Files on Paladin Press, 1972-1998” [PDF].

arrow
crime
4 Suspect Historical Theories for Predicting Criminality

When was the last time you looked a stranger in the face and made a snap judgment about how they behave? If you've graduated kindergarten, you know you're not supposed to. But for centuries, scientists and philosophers believed that physical traits corresponded to personality. Even Aristotle thought there was a connection between the book and its cover.

Today, physiognomy—as the study of facial features linked to personality became known—is considered a pseudoscience, but it was the first application of any science at all to criminology. Some argue that it helped pave the way for the development of forensics and tools like psychological profiling; others point out that attempts to link biology to criminal behavior are often deeply problematic, and have been used to justify discrimination against various ethnic and religious groups.

Controversial though they may be, theories linking biology to criminal behavior have not gone away. From skull shape to body types, here are some of the ways we've tried to use what's on the surface to unearth the monsters underneath.

1. PHRENOLOGY

As a young man in late 18th-century Vienna, physician Franz Josef Gall wondered why his classmates were so good at memorization while he struggled. And why did he surpass them in other areas? After noticing that those who were particularly skilled at memorization had prominent eyes, he spent years searching for a biological explanation for differences in mental characteristics. Eventually, he landed on a theory that aimed to explain all human behavior.

Gall based his theory, soon to be known as phrenology, on the notion that the brain was composed of 27 separate “faculties,” or organs, each responsible for a behavioral trait—benevolence, covetousness, arrogance, and wit, just to name a few. He believed that the size of an organ was correlated to its power and that the skull took its shape from the brain. As such, by examining the shape of the skull one could determine personality. Eventually, Gall's followers introduced the idea that people were born with their faculties in balance and were essentially good, but under- or over- development, diseases of, or damage to any of these faculties could cause an imbalance that would lead to a particular behavior.

Phrenology soon took off in Europe and then in North America. It wasn't long until Gall's acolytes were applying his principles to the study of criminality, examining the skulls of criminals for clues about their personality and publishing books and treatises that showed others how to do the same. For phrenologists, crime was a result of an overgrowth or other anomaly in a particular faculty—say, destructiveness.

By attributing behavior to a brain defect, phrenology broke with existing notions of deviant behavior. Pre-Enlightenment theory had held that such behavior was the result of “evil” or supernatural forces. During the Enlightenment, free will reigned supreme, and criminality was seen as an exercise of that will, the only deterrent for which was severe punishment. Phrenology removed free will from the equation. While those with “normal” faculties could commit crimes based on free will and should be punished accordingly, the habitually criminal were not necessarily responsible for their actions—they behaved the way they did because of mental disorder, one which could be addressed and treated. It's no coincidence that phrenologists were among the most vocal opponents of capital and corporal punishment and major proponents of rehabilitation in the middle of the 19th century.

Phrenology declined in popularity in the second half of the 19th century, although it persisted into the 20th century in some areas. For a brief moment, it was the first and most comprehensive scientific approach we had to criminology.

2. DEGENERATION

A page from Cesare Lombroso's book l'Uomo Delinquente, 1889
A page from Cesare Lombroso's book l'Uomo Delinquente, 1889

Sometimes called the “father of criminology,” Italian physician Cesare Lombroso spent much of his career examining the bodies (both dead and alive) of convicted criminals and the mentally ill. The army doctor and professor of psychiatry was struck by both Darwin's theories and the work of Italian evolutionists during the 1860s, and evolution greatly influenced his later work.

Like Gall, Lombroso experienced a “eureka” moment while making a minute examination of a human head—only in his case, it was the skull of the recently deceased thief and arsonist Giuseppe Villella. Villella had a small indentation at the back of his skull; unusual for a human, but common in some primates. Lombroso noticed the trait in a few other crooks, and theorized that criminals were in fact some evolutionary throwback to primitive humans. He began to argue that deviance was inherited in many of these “born delinquents,” and they could be differentiated from the masses by physical characteristics that he claimed resembled our primate ancestors: large jaws, jug ears, high cheekbones, bloodshot eyes, to name a few attributes. Behavioral traits like idleness and non-biological features like tattoos could also be a sign.

Lombroso ran experiments on prisoners, the insane, and even low-lifes he wrangled from Italian alleyways. He took measurements of their bodies and features and tested their blood pressure, pain resistance, and reaction to other stimuli. Over the years, he established a set of features associated with different types of crime. His theory, known as degeneration, laid the foundation for a systematic approach to crime and even punishment. Like the phrenologists, Lombroso and his acolytes argued against capital punishment for those whose degeneration was not particularly advanced but triggered by an environmental factor—they were to be treated rather than locked up.

While wildly popular during his lifetime (he even argued the merits of his theory with Russian novelist Leo Tolstoy while visiting the writer's home), Lombroso's ideas faded from prominence as sociological theories of crime became more popular at the turn of the 20th century. Besides his emphasis on a scientific approach to criminology, his legacy consists of a museum in Turin stocked with the skulls and other ephemera he collected throughout his career ... along with the good doctor's own head, preserved in a jar.

3. SOMATOTYPES

Body type is blamed for a lot these days—a propensity for obesity, jeans that don't fit quite right. But in the early 20th century, an American psychologist named William Sheldon looked a little deeper.

Sheldon examined some 4000 photographs of college students and distilled their bodies into three categories, or somatotypes: endomorphs, mesomorphs, and ectomorphs. Endomorphs were soft, round, and put on fat easily; they were also amiable, relaxed, and extroverted. Mesomorphs were hard, muscular, and broad-chested; they were also assertive, aggressive, and insensitive. Finally, ectomorphs were long, narrow, and fragile-looking; they were also more introverted and anxious. Bodies fell into a spectrum defined by the degree to which they exhibited each of these three traits.

In a study of 200 delinquent youths, Sheldon concluded that mesomorphs had the greatest predisposition for impulsive (and thus perhaps criminal) behavior. While his work was criticized for its methodology, Sheldon did attract more than a few students, some of whom modified his theory to include social pressures; for example, it was possible that society treated people with certain physical characteristics a certain way, thereby encouraging delinquency.

4. XYY SYNDROME

XYY syndrome karyotype
An XYY syndrome karyotype

In 1961, a 44-year-old man underwent genetic testing after discovering his child had Down syndrome. The test results surprised his doctor—the man had an extra Y chromosome. Over the following decades, further testing revealed that XYY syndrome, as it became known, was rather common, appearing in men at a rate of 1 in 1000.

In 1965, when a study from a Scottish institution for people with dangerous, violent, or criminal propensities reported a high frequency of XYY syndrome among its population, scientists and the media alike began to wonder if that extra chromosome somehow caused violence and aggression in men. XYY was used as a defense in the trial of a French murderer, and has been brought up in regard to the case of Richard Speck, the student nurse killer of Chicago, though he turned out not to have the extra Y. Books and TV shows featured XYY killers even into the 1990s.

But what does the science say? While men with XYY syndrome tend to be taller, more active, and have a greater chance of having learning or behavioral problems, there's been no evidence showing a decrease in intelligence or a higher propensity for violence or aggression. In fact, most XYY men are unaware of their genetic quirk and blend perfectly well into the rest of the population. While two Dutch studies did show an increase in criminal convictions among XYY men, researchers have posited that this could be explained away based on socioeconomic variables that have also been linked to the chromosome aberrations.

For now, the XYY theory remains just a theory—as well as a convenient plot device.

nextArticle.image_alt|e
NBC
arrow
entertainment
15 Surprising Facts About Hill Street Blues
NBC
NBC

Until the impressive record was surpassed by The West Wing in 2000, Hill Street Blues held the title of most Emmy-awarded freshman series, with eight trophies for its debut season alone (despite its basement-level ratings). The drama that chronicled the lives of the men and women working the Hill Street police station beat has been credited with changing television ever since its debut in 1981.

Among Hill Street Blues's innovations are the use of handheld cameras, a large ensemble cast, multi-episode story arcs, and a mix of high drama and comedy—elements which still permeate the small screen today. Here are 15 facts about the groundbreaking series.

1. STEVEN BOCHCO AND MICHAEL KOZOLL CREATED IT, DESPITE NOT WANTING TO DO ANOTHER COP SHOW.

MTM Enterprises was specifically hired by NBC to create a cop show, so Steven Bochco (who later co-created L.A. Law and NYPD Blue) and Michael Kozoll (co-writer of First Blood) agreed to do it—as long as the network left them “completely alone to do whatever we want,” according to Bochco. NBC agreed, and the two wrote the pilot script in 10 days.

2. IT WAS INFLUENCED BY A 1977 DOCUMENTARY.

The show's creators looked to The Police Tapes, a 1977 documentary that chronicled a South Bronx police precinct during a particularly hostile time in New York City's history, for inspiration. NBC's then-president Fred Silverman was inspired to create a cop show in the first place after seeing Fort Apache, the Bronx (1981), which stars Paul Newman as a veteran cop in a South Bronx police district.

3. BRUCE WEITZ HAD AN AGGRESSIVE AUDITION.

Bruce Weitz landed the role of undercover officer Mick Belker by playing the part. "I went to the audition dressed as how I thought the character should dress—and loud and pushy," Weitz recalled. "When I got into the room, I jumped up on [MTM co-founder] Grant Tinker's desk and went after his nose. I heard he said afterwards, 'There's no way I can't offer him the job.'"

4. JOE SPANO THOUGHT HE WAS MISCAST.

Joe Spano in 'Hill Street Blues'
NBC

Joe Spano auditioned for the role of Officer Andrew Renko, but ended up playing Lieutenant Henry Goldblume. “I was always disappointed that I didn’t end up playing Renko,” Spano told Playboy in 1983. Spano also wasn't a fan of his character's penchant for bow ties, which he claimed was Michael Kozoll's idea. "I fought it all the way," he said. "I thought it was a stereotypical thing to do. But it actually turned out to be right. You don’t play into the bow tie—you fight against it."

5. BARBARA BOSSON WAS BOCHCO’S WIFE, BUT WASN’T PLANNING ON BEING A SERIES REGULAR.

Barbara Bosson played Fay, Captain Frank Furillo’s ex-wife, who was only supposed to appear in the first episode in order to “contextualize” the captain, according to Bochco. But when Silverman watched the episode, he asked, “She’s going to be a regular, right?”

6. IT TOOK MIKE POST TWO HOURS TO WRITE THE ICONIC THEME SONG.

The composer—who also wrote the themes for The Greatest American Hero, Magnum, P.I., The A-Team, NYPD Blue, and Law & Order—was instructed by Bochco to write something “antithetical” to the visuals. Post wanted to add more orchestration to the piano piece; Bochco disagreed.

Post also spent four to five hours writing five minutes of new music for each episode of Hill Street Blues.

7. THE PILOT TESTED POORLY.

According to a network memo, among the many problems test audiences noted were that "the main characters were perceived as being not capable and having flawed personalities ... Audiences found the ending unsatisfying. There are too many loose ends ... 'Hill Street' did not come off as a real police station ... There was too much chaos in the station house, again reflecting that the police were incapable of maintaining control even on their home ground." NBC picked it up anyway.

8. RENKO WAS SUPPOSED TO DIE IN THE FIRST EPISODE, AND COFFEY WAS SUPPOSED TO DIE AT THE END OF THE FIRST SEASON.

Charles Haid had other projects lined up, so he agreed to take the part of Renko, a man destined to die almost immediately. But another series Haid was relying on didn’t get picked up, and NBC claimed Renko tested too well for him to meet an early end. Ed Marinaro's Coffey was meant to be shot and killed in “Jungle Madness,” the final episode of the first season. The ending was changed to make it a cliffhanger, and Marinaro’s character survived.

9. THEY HAD HISTORICALLY BAD SEASON ONE RATINGS.

A 'Hill Street Blues' cast photo
NBC Television/Getty Images

In its first season, Hill Street Blues show finished 87th out of 96 shows, making it the lowest-rated drama in television history to get a second season. Bochco credited the show’s renewal to two things: NBC being a last place network at the time, and the NBC sales department noticing that high-end advertisers were buying commercial time during the show.

10. THEY NEVER SPECIFIED WHERE THE SHOW WAS LOCATED, BUT IT’S PROBABLY CHICAGO.

The exterior of the Maxwell Street police station in Chicago filled in for the fictitious Hill Street precinct for the opening credits and background footage. It was added to the National Register of Historical Places in 1996 and is currently the University of Illinois at Chicago police department headquarters.

11. PLENTY OF FUTURE STARS MADE EARLY APPEARANCES.

Don Cheadle, James Cromwell, Laurence Fishburne, Tim Robbins, Andy Garcia, Cuba Gooding Jr., Danny Glover, Frances McDormand, and Michael Richards all found early work on the series.

12. SAMMY DAVIS JR. WANTED ON THE SHOW.

Sammy Davis Jr.
Michael Fresco, Evening Standard, Getty Images

Unfortunately, it never happened. Sometime after Bochco wrote in a reference to the singer, Davis and Bochco ran into each other. Davis said he loved it and started jumping up and down.

13. BOCHCO HAD A WAR WITH THE CENSORS.

Loving to use puns for titles, Bochco wanted to title an episode “Moon Over Uranus,” after Cape Canaveral was just in the news. Standards and Practices said no. Bochco eventually got his way, and proceeded to name the next two season three episodes “Moon Over Uranus: The Sequel” and “Moon Over Uranus: The Final Legacy.”

14. DAVID MILCH AND DICK WOLF’S CAREERS WERE LAUNCHED FROM IT.

David Milch (co-creator of NYPD Blue and creator of Deadwood) went from Yale writing teacher to a TV script writer through his former Yale roommate, Jeff Lewis. His first script for the show was season three's “Trial by Fury” episode, which won an Emmy, a WGA Award, and a Humanitas Prize. He later became an executive producer on the show. The first TV script credited to Dick Wolf (creator of the Law & Order franchise) was the season six episode, "Somewhere Over the Rambow." His first sole credit, for “What Are Friends For?,” earned Wolf an Emmy nomination in 1986.

It’s also worth noting that journalist and author Bob Woodward received a writing credit for season seven's “Der Roachenkavalier” and David Mamet penned the same season's “A Wasted Weekend” for his first television credit.

15. DENNIS FRANZ’S CHARACTER HAD A BRIEF, COMEDIC SPIN-OFF.

Dennis Franz (later Andy Sipowicz on NYPD Blue) first played corrupt cop Sal Benedetto in five episodes, before reappearing for the final two seasons as Lt. Norman Buntz. After Hill Street Blues ended its seven-season run, Franz reprised the latter character in Beverly Hills Buntz, which ran for one season beginning in 1987. In the 30-minute dramedy, Buntz was a private investigator after quitting the police force. Only nine episodes were broadcast by NBC.

SECTIONS

arrow
LIVE SMARTER
More from mental floss studios