STATE CAPITOL P.O.

BOX 942849 SACRAMENTO, CA 94249-0017 (916) 319-2017 FAX (916) 319-2117

CATHLEEN GALGIANI
ASSEMBLYMEMBER, SEVENTEENTH DISTRICT

March 2, 2012 Director Robert S. Mueller, III, Office of the Director Federal Bureau of Investigations Headquarters 935 Pennsylvania Avenue NW Washington, DC 20535-0001 RE: Wesley Shermantine & Loren Herzog, serial killer victim recovery assistance Dear Director Mueller, Your office has confirmed receipt of the fax of my February 22nd letter requesting the Federal Bureau of Investigations (FBI) reopen your 1999 serial murder case involving Wesley Shermantine and Loren Herzog of San Joaquin County, California. I am writing you once again to draw your attention to the fact that recent events associated with this case, warrant the FBIs collaboration with local law enforcement agencies according to federal statutes. First of all, upon researching Federal Statutes, I am aware that Congress has granted the FBI with the authority to investigate serial killings upon the request of a law enforcement agency with investigative or prosecutorial jurisdiction. Federal Statutes - Investigation of Serial Killings According to Federal Statutes, Title 28, Judiciary and Judicial Procedure, Part II Department of Justice, Chapter 33 Federal Bureau Of Investigation, Section 540B. Investigation of serial killings: a) In General. - The Attorney General and the Director of the Federal Bureau of Investigation may investigate serial killings in violation of the laws of a State or political subdivision, if such investigation is requested by the head of a law enforcement agency with investigative or prosecutorial jurisdiction over the offense. (2) The term "serial killings" means a series of three or more killings....having common characteristics such as to suggest the reasonable possibility that the crimes were committed by the same actor or actors. While Herzog and Shermantine were accused of 6 unsolved murders, and convicted of 3 and 4 respectively, prosecutors stated that Herzog and Shermantine may have been responsible for murdering up to 22 more people, and disposing of their bodies in mine shafts, remote hill sides and underneath a trailer park.

Director Robert S. Mueller, III Federal Bureau of Investigations Headquarters Page 2 As a result of Wesley Shermantine leading investigators to 2 burial sites in San Andreas, authorities have discovered the remains of Chevy Wheeler, and Cyndi Vanderheiden. On Friday, February 10th, San Joaquin County Sheriff's officials began using a backhoe to dig a 45-foot-deep pit in an abandoned, capped well near Linden. They unearthed more than 1,000 bone fragments, including skull fragments, belonging to an unknown number of victims. In addition, more than 100 personal items belonging to victims were unearthed, including coats, shoes, purses and jewelry. According to Shermantine, there are 2 additional wells containing the remains of between 20 and 30 victims, and no one knows how many additional sites will be revealed as Shermantine continues to communicate with outside sources. Request for Involvement by a Law Enforcement Agency The case had significant involvement by the Stockton Office of the FBI, of your Sacramento, California Division, 13 years ago. San Joaquin County Sheriff Steve Moore recently issued a press release stating that he met with FBI officials on Friday February 24th, as well as representatives from the California Department of Justice, and the San Joaquin County District Attorney's Office. Spokesman Les Garcia stated, "The realistic possibility of multiple locations further highlights the need for additional resources." According to those who are communicating with Shermantine, this case may lead to reopening missing persons cases in perhaps as many as 21 Northern California Counties. Investigators within multiple law enforcement jurisdictions are now challenged to respond to families of possible victims as the search and recovery effort is in early stages. Given the scope and magnitude of this case, no single law enforcement agency could realistically be expected to be able to continue the search of other sites, process the volume of remains and evidence being recovered and communicate information between multiple jurisdictions. These agencies are in need of additional resources in order to provide neighboring law enforcement agencies with the most accurate information in real time that may pertain to their missing persons cold case files. The extensive media coverage of this recovery effort has caused family members of missing persons to question whether their loved ones could be victims. There is a growing need to respond to the inquiries of these anxious families who are watching and waiting for answers while this effort moves slowly and Shermantine continues to send letters to the media suggesting many more victims. Last week I listened to the a distraught Mother, Patricia Chupco, whose 14 year old daughter Susan Bender went missing from Modesto California, April 25, 1985. Ms. Chupco only recently learned through the media that some of Loren Herzogs victims were abducted from Modesto in Stanislaus County. Patricia Chupco informed the news media that she plans to collect signatures on a petition calling for the FBI to intervene and assist with this case. No parent should have to resort to an effort of this scale. Her was

Director Robert S. Mueller, III Federal Bureau of Investigations Headquarters Page 3 only 14. It sickens me to think about how this horrible tragedy has awakened so many painful memories for so many families. To prolong this search effort only tortures them more. Many believe a collaborative effort between the FBI, CA Dept. of Corrections and Rehabilitation, the CA Dept. of Justice and the Sheriffs would result in a more expeditious recovery with the least damage to the crime scene, greatest respect for the victims remains, best hope of victim and evidence recovery and .the least waiting time for families. I appreciate your most serious consideration of this request. Please do not hesitate to contact me with any questions or concerns that your office may have in this matter.

Sincerely,

Cathleen Galgiani Assemblymember, District 17

Cc: Congressman Dennis Cardoza, California 18th District Congressman Jerry McNerney, California 11th District