The Smiley Face Cases, The Mystery That Haunted America for Years

Chapter 2

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Pavlinac cried.

She repeated the story to her daughter.

For the investigators, that emotion seemed important.

Why would someone confess to murder, in tears, to police and then repeat it to her own child if the story were completely invented?

There was another powerful piece of apparent corroboration.

Detectives drove Pavlinac into the Columbia River Gorge.

They wanted to know whether she could identify where Taunja's body had been left.

She pointed to the location with remarkable accuracy.

To police, that seemed like knowledge only someone involved in the crime should possess.

The case hardened around Pavlinac and Sosnovske.

But there were problems.

Serious ones.

No physical evidence connected Taunja to Pavlinac's vehicle.

Witnesses placed Taunja and Sosnovske in different places.

Neither possessed an obvious transportation route that made Pavlinac's story work easily.

Pavlinac had already been caught manufacturing evidence.

Her account kept changing.

Sosnovske denied killing Taunja.

Yet investigators increasingly interpreted inconsistencies not as evidence the story might be false, but as the normal evolution of a confession.

They believed Pavlinac was gradually revealing more of the truth.

That interpretation would prove disastrous.

How Pavlinac Knew So Much

At trial, Pavlinac would eventually explain how she had done it.

She had read newspapers.

She had watched television.

She had learned details from documents.

She had listened carefully to investigators' questions.

She had seen information listed in a search warrant.

And when detectives drove her through the gorge, she watched them.

The body location was not as secret as police believed.

News reports had described it.

Official paperwork had narrowed it down.

When the vehicle approached the correct location, Pavlinac saw signs that police had already worked there.

Markers.

Cleared vegetation.

The officers' own behavior.

A person trying desperately to tell investigators the story they wanted could infer more than anyone realized.

Years later, the case would become a textbook example of a frightening principle:

Someone can know details that appear secret without having committed the crime.

Information leaks through questions.

Through news coverage.

Through body language.

Through documents.

Through repeated interviews.

A false confession does not necessarily sound obviously false.

A good false confession can sound terrifyingly specific.

Pavlinac herself would later explain that once she began lying, the story became larger than she expected.

She had wanted John Sosnovske out of her life.

Instead she had constructed a murder case against both of them.

John Sosnovske

Sosnovske was thirty-nine.

He drank heavily and had previous legal problems, including drunk-driving offenses.

None of that made him a murderer.

But once Pavlinac accused him, police began viewing ordinary flaws through the lens of homicide.

He took polygraph examinations.

Examiners interpreted the results as deceptive.

Polygraphs are not reliable proof of guilt, but at the time the results reinforced police suspicion.

Then Sosnovske made another mistake.

Instead of simply denying any connection, he gave investigators a bizarre written account suggesting that he had encountered Taunja's body in someone else's vehicle.

The story did not hold together.

The other person he implicated was investigated and effectively cleared.

Yet to prosecutors, Sosnovske's willingness to place himself near a dead body looked incriminating.

Why would an innocent person invent such a story?

That question became more powerful than another equally important question:

Why did the physical evidence not support Pavlinac's narrative?

The investigation was being pulled toward confession evidence.

Pavlinac's confession.

Sosnovske's strange statement.

Polygraph results.

Emotion.

Psychology.

The absence of forensic corroboration became less important because investigators believed they already understood what had happened.

This is how tunnel vision develops.

Not necessarily through corruption.

Often through certainty.

Once every new fact is interpreted inside one theory, contradictions become things to explain away rather than reasons to reconsider the theory itself.

Pavlinac Goes on Trial

By early 1991, Laverne Pavlinac faced a murder trial.

Before trial, she recanted.

She said the confession was false.

She said she had fabricated the entire story because she wanted to escape her abusive relationship with Sosnovske.

She admitted planting evidence.

She explained how the lie had grown.

Her defense argued that investigators had taken a desperate woman's fiction and helped transform it into a detailed narrative.

But prosecutors had the recording.

A crying woman confessing.

A woman describing herself as morally responsible.

A woman who had led police to the body location.

Jurors heard that recording.

The emotional force was enormous.

The prosecutor told them to listen to her words and emotion.

In January 1991, the jury convicted Laverne Pavlinac of felony murder.

She received life imprisonment with a minimum term before parole eligibility.

John Sosnovske now faced his own decision.

Oregon had the death penalty.

He had watched what happened to Pavlinac.

Most of her jurors had reportedly favored an even more serious aggravated-murder conviction.

Sosnovske and his attorney understood the risk.

Rather than face a trial that could expose him to a death sentence, he pleaded no contest to murder and kidnapping charges in March 1991.

He too received life imprisonment.

The case appeared solved.

Two people were in prison.

A confession had been played in court.

A jury had returned a guilty verdict.

For police and prosecutors, Taunja Bennett's murder was finished.

But during Pavlinac's trial, hundreds of miles away, someone had written something on a restroom wall.

The Message in Montana

Livingston, Montana.

A bus-station restroom.

Someone noticed writing on the wall.

The message claimed responsibility for killing Taunja Bennett in Portland.

The writer gave the date.

He claimed he had attacked and sexually assaulted her.

And then he wrote something that should have disturbed investigators:

Other people were taking the blame.

He was free.

At the end was a smiling face.

A crude little drawing.

Two eyes.

A curved mouth.

Nothing sophisticated.

Nothing that looked like the signature of a serial killer.

At first, authorities had good reasons to be skeptical.

High-profile crimes attract false confessors.

People write strange things in public bathrooms.

Some seek attention.

Some want to interfere with trials.

Some are mentally ill.

Some are friends of defendants trying to create doubt.

Defense attorneys wanted the message considered.

The judge ruled it unreliable hearsay.

The case against Pavlinac proceeded.

A week later, another message appeared.

This time in Umatilla, Oregon.

Again, the writer claimed responsibility for Taunja Bennett.

Again, the message said two other people were receiving the blame.

Again, the implication was that the real killer remained free.

Police still did not consider the graffiti enough to undo a conviction.

From their perspective, that decision made sense.

You do not release murder defendants because an unknown person scribbles a confession on a restroom wall.

The problem was that the unknown writer was telling the truth.

He was Keith Hunter Jesperson.

And he was furious that no one seemed interested.

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The Smiley Face Cases, The Mystery That Haunted America for Years

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