STATE CAPITOL

P.O. BOX 942849 SACRAMENTO, CA 94249-0017 Phone:(916)319-2017 FAX: (916)319-2117

CATHLEEN GALGIANI
ASSEMBLYMEMBER, SEVENTEENTH DISTRICT

February 22, 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, aka: The Speedfreak Killers Dear Director Mueller, I am writing to personally appeal to you and to the Federal Bureau of Investigations (FBI) to reopen your 1999 serial murder case involving Wesley Shermantine and Loren Herzog of San Joaquin County, California, and to request that you provide support from your Evidence Recovery Team (ERT) to find the remains of their victims. Several of their known victims have not been recovered, and prosecutors have stated they may have been responsible for murdering up to 22 more people. Wesley Shermantine has now requested that he be transported by California Department of Corrections officials so he may lead them to burial sites of homicide victims in Calaveras and San Joaquin Counties. The case had significant involvement by the Stockton Office of the FBI, of your Sacramento, California Division, 13 years ago. While the prosecution and sentencing of these serial murderers is complete, this case continues to haunt the families of missing loved ones in perhaps as many as 21 Northern California Counties, including those which I represent. Wesley Shermantine is currently sentenced to death for four murders, and Loren Herzog recently committed suicide as a result of new information surfacing in the case. Retired FBI Special Agent Jeffrey L. Rinek, at the request of the Sacramento Office of the FBI, had initiated efforts to determine the viability of whether Wesley Shermantine, could and would return missing victims. Wesley Shermantine had specifically requested to see Mr. Rinek, which caused me to become involved. On Saturday January 14th, at my request, retired Special Agent Jeffrey L. Rinek visited Wesley Shermantine on death row in San Quentin Prison, CA. Mr. Rinek joined with a California Department of Corrections and Rehabilitation (CDCR) Parole Agent Supervisor, and CDCR Office of Correctional Services Special Services Unit Special Agent to visit Wesley Shermantine under their guidance, rules, and regulations of CDCR. While the CDCR sworn officers attended the meeting, Mr. Shermantine was asked no questions concerning his crimes, or the commission of crimes. Mr. Shermantine is represented by an attorney, and as such, Mr. Rinek informed him

Director Robert S. Mueller, III Federal Bureau of Investigations Headquarters Page 2 that his purpose and goal, and the extent of his participation, was to provide the credibility of Mr. Shermantine's statements about victim locations, conditions of the locations and victims in them. Following the meeting between Mr. Shermantine and Mr. Rinek, I was notified that Mr. Shermantine gave detailed information about burial sites. Furthermore, I was informed that he asked to be taken by CDCR officials to the properties in question, so he could lead them to burial sites of homicide victims, and return the missing victims to their families. Mr. Rinek, and the two CDCR employees were in contact with the local office of the FBI, the CDCR, the Calaveras County Sheriffs Department, as well as myself. Calaveras County Sheriff Gary Kuntz stated that if there were any decedents located in Calaveras County, they would need the assistance of the FBI Evidence Recovery Team, as they did not have the necessary resources to handle such a task. In a January 30, 2012 press release, San Joaquin County Sheriff Steve Moore stated that Supervising Special Agent Mr. Herb Brown said the FBI was not conducting any investigation, but had told Calaveras County Sheriffs Office that they would be able to provide support from their Evidence Recovery Team should they desire. Mr. Rinek had assisted in arranging for the CDCR to bring Mr. Shermantine to the burial sites, and for those sites to be addressed by the Sacramento Evidence Response Team to forensically attempt to recover victims. At the completion of the arrangements, Mr. Rinek removed himself from the process because of his retired status. At this point, I asked Corrections Administration to initiate contact between federal and local law enforcement as necessary. Our local District Attorney (DA) and Sheriffs were prohibited from having any involvement with Shermantine without first going through his attorney. There were conflicting opinions over whether the DA and Sheriff could know specific details about any planned recovery effort in advance without jeopardizing any potential for future prosecution against Loren Herzog that might have resulted. At this point in time, Loren Herzog was still alive. Nonetheless, the San Joaquin County Sheriff learned of a plan to have Mr. Shermantine brought to Calaveras County, became concerned over security issues, and requested that attempts to bring Shermantine to alleged burial sites be halted. On Friday January 20th, at the request of the San Joaquin County Sheriff, representatives from CDCR, the San Joaquin District Attorneys Office, the FBI, the Calaveras and San Joaquin County Sheriffs Offices met to discuss the situation and possible alternatives. The Sheriffs and District Attorney agreed to forward a letter to CDCR requesting that they complete the planning process for such transportation in the future. I, along with those who interviewed Mr. Shermantine, believe his statements about these locations are credible, as best as he can recall from memory. However, given the acreage of

Director Robert S. Mueller, III Federal Bureau of Investigations Headquarters Page 3 the property involved, it would be impossible for Mr. Shermantine, or anyone else, to know with such detailed precision, where victims are buried without being on the property, and having the ability to familiarize ones self with the terrain that has been ever changing over the last 13 years. Two unsuccessful attempts were made by the San Joaquin and Calaveras County Sheriffs, without the assistance of Mr. Shermantine, before the remains of Chevy Wheeler and Cyndi Vanderheiden were found on February 9th at the first two burial sites he described located in San Andreas. 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, coats, shoes, purses and jewelry. Recently, Shermantine sent a letter to CBS Channel 13 stating that the location where 1,000 bone fragments have been found isnt even the correct well containing multiple victims. According to Shermantine, there are 2 additional wells containing the remains of between 20 and 30 victims, and no one knows to what extent the scope of this search will grow. Dozens of families are waiting to learn whether remains that have been discovered belong to their missing loved ones. Adding further torment to the situation is the fact that family members are learning details regarding victims and their possible locations through the media. Earlier this month it was revealed that 9 year old Michaela Garecht of Hayward, California, missing since 1988, may have been a victim of Loren Herzog. The family of Tracy Diane Melton, who went missing in 1998, was notified that a bone fragment found in 2003 had been identified as being from their loved one. Her family has long believed that she was a victim of Loren Herzog. As I write this letter, I am reminded of a January 27th online video of John Vanderheiden, leading an effort to dig for the remains of his daughter Cyndi on a property in San Andreas, which Shermantine described. Clearly, Mr. Vanderheiden, and countless others have become so frustrated, that they began taking matters into their own hands. It is unconscionable that Mr. Vanderheiden, after learning the location of his daughters remains through the media, would be forced to dig for the remains of his own daughter because others were not in a position to act. Once again, our local District Attorney (DA) and Sheriffs were prohibited from having any involvement with Shermantine without first going through his attorney. There were conflicting opinions over whether the DA and Sheriff could know about any planned recovery effort in advance. Following my conversation with the prosecuting attorney, I am now aware that he was, and is, prohibited from knowing about any planned recovery effort that might be underway involving Mr. Shermantine. To date, I remain unclear about the level of direct involvement either Sheriff may have with Shermantine. I have requested that Corrections Administration initiate the effort to work with your FBI Evidence Response Team and others, to bring Wesley Shermantine to the alleged burial sites, and provide closure to families for once and for all. Corrections Secretary Matthew Cate, and

Director Robert S. Mueller, III Federal Bureau of Investigations Headquarters Page 4 Undersecretary Terry McDonald are willing to transport Shermantine to the sites, and stand ready to assist. CDCR already has the statutory authority to authorize Mr. Shermantines removal from prison under Penal Code Section 2690-2692. I have asked them to exercise this authority. It is in this interest that I request you cause the Sacramento Office to reopen its case concerning this matter, and cause it to again move forward. The initial search and recovery effort likely would have led to additional charges, and eventual additional convictions against Loren Herzog prior to his suicide. This case has been a tremendous undertaking for the Sheriffs of San Joaquin and Calaveras Counties, and the scope and magnitude of this effort has extended far beyond what anyone might have ever imagined. Clearly these agencies have reached a point where it is critical to bring in additional resources. The FBI, in my opinion, is singularly poised, by virtue of its experts, experience, resources, and collaborative relationships with experts to conduct the victim recoveries with the least damage to the crime scene, highest respect for the victims, and best hope of victim, and evidence recovery. I request that the FBI, as evidenced by its history, exercise its leadership and expertise in these cases to address the continuing suffering of the victim families in Northern California. I believe it is the domain of the FBI to step in and assist, and work collaboratively with local law enforcement agencies, particularly given the complexities of this case, so that families may finally bring their loved ones home. I look forward to hearing from you so we may put an end to the decades of torment these families have had to endure. Sincerely,

Cathleen Galgiani Assemblymember, District 17