The Body in the Baggage

Francis Ballem

There is a curious subset of homicide called “trunk murder” that never fails to fascinate some of us who follow this sort of thing: The murderer commits the crime and for some reason thinks the best way to dispose of a body is to put it into a suitcase or traveller’s trunk and leave the proof of the corpus delicti in the left luggage room.
Sometimes the body is left intact, but frequently investigators are presented only with portions of the body and are left to wonder where the rest of their victim may be stored. The method has fallen upon disfavor among killers these days as unattended luggage often attracts the unwanted interest of police quite quickly. Back when people traveled by train, however, trunk murders were relatively common.
In April 1954 Philadelphia joined Paris, Los Angeles, Brighton, England, and who knows how many other cities where bodies in the baggage have been discovered when the decomposing body parts of a man were found in boxes wrapped in several rain coats and stuffed into a green-and-black, brass-trimmed footlocker. The trunk was found at the Sharon Hill trolley station on Chester Pike and Brainerd Boulevard outside of Philadelphia.

n.b.Philly residents, ghouls and tourists: the trolley stop is now a light rail station and it looks as if the original building is still there.

The footlocker was first noticed at the stop around 7 a.m. on April 27, 1954, by trolley operator Benjamin Bowers. About 90 minutes later another operator called his dispatcher to report the unusual abandoned luggage and police were summoned.
Unfortunately, according to the Chester (PA) Times, “the message became garbled in transmission and the police looked for a truck instead of a trunk.”
At 3:45 p.m., a patrolman who was just wrapping up school traffic duty was dispatched to pick up the trunk, which was brought back to police HQ. At first the police were willing to let some civilians lead the investigation, the Times reports:

At police headquarters, Sharon Avenue and Spring Street, two youths helped carry the foot locker inside…The youths tried to open the trunk with hairpins, but this and other attempts failed. A locksmith, Lewis Santa, was called and he opened the foot locker after trying three skeleton keys.

Once it was opened, Sgt. William Malloy took charge of the trunk and and made the gruesome discovery.
“I felt a bundle and it seemed soft and fleshy,” he said, adding that once investigators detected the odor of decaying flesh, the trunk was moved to a cell where body parts of a 160- 165-pound white man who had been dead for some time were revealed.
The murderer had been prepared for the job. The two packages — the first contained the torso, and the other held the head, arms and hands — were wrapped in 5 plastic raincoats from which the killer had removed any tags. They were sealed shut with transparent tape and were held inside a cardboard box. The killer treated the inside of the raincoats with camphor flakes and powdered lime, investigators said, which would promote decomposition while reducing the stench somewhat.
The body, from slightly above the hips downward, was missing.
The autopsy revealed that the corpse, which at the time was believed to be that of a 60-year-old man, had been burned before it was dismembered; the right arm was particularly damaged, the report shows. The victim’s internal organs had been removed, “the lower jaw was destroyed and most hair had been eaten away by the lime,” the unusually graphic, above-the-flag article in the Times states.
“A few gray and black hairs were left on the head and several red hairs on the chest,” the anonymous reporter continues. “The dismemberment was described by (Delaware County Coroner Joseph) Tercha as “not that of an amateur.”
The article quotes Earle H. Allen, chief of detectives, as saying murder was “a definite possibility.” Allen was speaking tongue-in-cheek, but a quick survey of funeral parlors and the area hospitals to ensure that all other corpses could be accounted for was still necessary.
At first it looked like Allen would have his work cut out for him as the initial autopsy disclosed no bullet or stab wounds in the upper torso or skull and nothing indicating blunt force trauma.
“At this stage of our investigation we cannot determine how he met his death,” Allen told the press.
Not surprising, the autopsy was a particularly gruesome affair.
Medical examiner Dr. John Turner III said the victim was about 60 years old, 5-feet-7, between 160 and 170 pounds.
“All parts of the body had been burned,” he said. “The head and fingertips were so badly charred that they were almost unidentifiable.”
Turner eventually located a bullet wound caused by a .38-caliber pistol and assigned that as the cause of death. His autopsy made it clear that the victim was dead before the dismemberment began.
While some detectives were trying to identify the victim, others were tracking down the source of the brown carton which contained the body parts and the trunk, which appeared to be new. Other flatfoots canvassed the trolley line talking to anyone who rode that route, hoping for a break.
That break came the next day when an unidentified commuter told police he had seen a “studious-looking man with an alpine hat accompanied by a uniformed man” carrying a trunk at the trolley station. Cops posted the description in every taxi garage in the city and environs and soon veteran Yellow Cab driver Nanis Gaither came forward and said he picked up a fare in Philadelphia who matched the description. Gaither said the fare stopped at the man’s house in Sharon Hill where they loaded up the trunk. Gaither said he dropped the man at the trolley stop.
Gaither remembered the man quite clearly, not only because of the hat, but because his cab was third in line at the stand when the man walked up. The man passed over the first two cabs and asked Gaither to drive him to his home. When Gaither asked why the man did not pick one of the first cabs, he replied that he was “allergic to radios” and did not want to ride in a cab that was equipped with a two-way radio.
Meanwhile, evidence from the crime scene confirmed Gaither’s story: Police had discovered that a name and address matching the one where Gaither picked up the trunk were written on the cardboard box containing the victim’s head.
The house was identified as belonging to Francis X. Ballem, 28, a mechanic in an industrial plant. Ballem, while not known to police, was notorious in his neighborhood for his odd behavior. He had a fondness for alpine hats (the one you see on Germanic stereotype characters) and for quoting Shakespeare. He was not known to be violent, and was considered quite intelligent.
Police rushed to Ballem’s house and assuming they were dealing with a deranged killer, kicked in a window and entered that way. Although the house was described as cluttered and flithy, it was clear Ballem was trying to clean up signs of the crime. Trash was burning in the fireplace, and someone had tried to wash the blood from the living room floor. Ballem, however, was nowhere to be found.
When he heard the police bust in the window, Ballem had grabbed the suitcase containing the victim’s legs and abdomen and fled to the attic. When the searchers got to the attic, Ballem stood up with his hands raised, dressed only in his undershorts.
“Don’t shoot,” he said.
Sadly, no one today will be shocked in the same way the folks in the 1950s were when they found out about Ballem’s arsenal: “In the house were found five revolvers, a shotgun, a rifle, hundreds of rounds of ammunition, two black Halloween masks, a bullet-proof vest that comes in sections, and two modern-type gas masks. A safe deposit box yielded another two pistols and other articles,” wrote CTimes reporter Mitch Rosenfeld.
Now that they had their suspect in custody, the police were free to focus on learning the identity of the dead man. Ballem was little help in that regard except that he was able to describe him as “a man between 35 and 40 years old, with ruddy complexion, brown hair and employing good English.”
Again luck was on the side of the police when a missing persons report was filed by the restaurant where World War II veteran John Dopirak was working as a dishwasher.
Dopirak was a strange (his family said he was “addicted to dying his hair”) but harmless man who had flown bombing missions over Germany during the war and returned to Philadelphia where he was born and raised bearing a Purple Heart. His family said John, 35, was a “happy-go-lucky wanderer” who just never settled down. Following the war he worked occasionally as a merchant seaman, but it appeared from his police record that Dopirak had trouble with alcohol. He had a pair of convictions for disorderly conduct and public drunkeness.
Once police showed him a photograph of Dopirak, Ballem responded, “Oh, yes, that’s the man; I’ll never forget that smile.”
Dopirak’s brothers identified him from a scar on his forearm.
Ballem confessed to the crime almost immediately upon his arrest.
He had been living alone in the house for the past several years after his parents died and his wife left him, he said. According to his wife, who would later testify at Ballem’s trial, he became enraged when she informed him she was pregnant and told her he never wanted children. This, combined with his eccentric behavior, ended the marriage, but the divorce had not been finalized.
After Ballem’s wife left him he lived with his elderly parents until they died, leaving him the house, some other property in Philadelphia and $20,000 in liquid assets (in current dollars that’s almost $200k). The fact that Ballem’s parents died within months of each other piqued investigators’ interest at first, but their deaths were not suspicious.
Ballem told police he met John Dopirak at a bar and that they shared several drinks together.
After a long drinking bout where they bar-hopped around the city, the men decided to take a trip to New York City. Ballem said they went to his home so he could get clothes for the trip.
Ballem said he never intended to go to New York, but that going back to his home was a ruse for him to get Dopirak alone so he could rob him.
“I started going through his brown coat which was on the chair in the living room, for the purpose of finding his wallet which he had given me the impression was full of money,” Ballem told police. “I was very drunk but I knew what I was doing with reference to robbing this man of his money.”
Just at that time Dopirak walked into the room, and said: “I am going to kill you, you thieving…”
Ballem said he saw Dopirak going through his late mother’s jewelry and then pick up a gun from an open drawer, so he also picked up a gun and confronted Dopirak.
“Well, you asked for it,” Ballem said, pointing the pistol at Dopirak and pulling the trigger. He went over to check on the condition of his victim.
“I listened for a heartbeat and didn’t hear it,” Ballem said. “I didn’t want to hear it.”
He fixed himself another drink and then dragged Dopirak’s body to the basement where he removed all of the clothes, burning them in the incinerator.
Still drinking, Ballem, who was described by doctors as having a high IQ, did research in how to get rid of a murder victim.
He purchased lye and placed it on the hands and over the face, but it did not destroy the features. He then applied a blow torch, attempting to cut the body apart that way. After several hours he decided the torch was not working successfully and he went upstairs and got drunk all over again. After he sobered up, he cut up the body with a saw. He tried unsuccessfully to burn the cut up portions of the body, piece by piece, in the furnace. Then he flushed the ashes down the drain in his basement.
He then bought plastic raincoats and wrapped therein other portions of the body, some of which he placed in the trunk. Other parts he placed in a suitcase which he hid on the third floor of his home. He took other parts of the body, with the raincoats wrapped around them, and rolled them into a creek known as Naylor’s Run, Upper Darby, which was four or five blocks from his home.
Ballem then cleaned and re-loaded his gun so if it was found no one would know it had been recently fired.
Naturally, following his confession, Ballem was packed off to a psychiatric hospital for a plethora of tests. It took almost a year — during which Ballem had a tumor removed from his breast — for the shrinks to concur that Ballem was ready and able to assist in his defense.
Not surprisingly, Ballem’s defense was one of insanity, while the Commonwealth was going for the death penalty. Over the course of a one-month trial, witnesses testified to his mental state, and although there was obvious mental illness present, Ballem was not criminally insane. The jury convicted him of murder and he was sentenced to death.
The sentence was later commuted to imprisonment for life, which for Ballem ended in 1971.

Mind over Murder

carlcoppolino

The story of Dr. Carl A. Coppolino, a wealthy physician and convicted murderer, has it all: multiple suspicious deaths occurring years and a thousand miles apart, money, sex, undetectable poison, hypnotic influences, betrayals and groundbreaking science involving rabbits and frogs.
In fact when the story that a doctor had been indicted for a pair of murders in two states broke in 1966, The New York Times described it this way:

No motives were disclosed in either case, but it was indicated that robbery or revenge was not a factor in either murder. One source here today described the slayings as “right out of an Alfred Hitchcock thriller.”

In the early 1960s Carl Coppolino and his wife, Carmela, were a well-off, upwardly mobile 30-something couple living in the seaside community of Middletown Township, Monmouth County, New Jersey. Carl practiced as an anesthesiologist while Carmela was a medical doctor herself working in pharmaceutical research for a New Jersey drug company.
In 1962, however, Carl developed a heart condition that apparently kept him from actively practicing his craft. He shifted his interest to research, writing, and hypnotherapy for people interested in quitting smoking or losing weight. His books, The Practice of Hypnosis in Anesthesiology and The Billion Dollar Hangover both garnered attention at the time of their publication.
Whether or not Carl actually had a heart condition — and there was evidence introduced at his Florida trial that he did not — it was his disturbing behavior at Riverview Hospital in Red Bank that no doubt contributed to his separation. It turns out that same year Carl came to the attention of the FBI after threatening letters were sent to a nurse-anesthetist. It was after this investigation that he left Riverview. The environment was so hostile to the victim that she moved out of state.
However, $22,000 in annual disability payments from an insurance policy (about $170k in current dollars) and royalties from his books, along with Carmela’s salary as a research physician, ensured that they were able to maintain a luxurious lifestyle.
Living across the street from the Coppolinos were Lieut. Col. William E. Farber, a career Army officer, and his wife, Marjorie. Although the Farbers were both nearly 20 years older than the doctors, the families became quite close. The relationship began in 1962 when Carl began hypnotizing Marjorie to help her quit smoking. It eventually blossomed into an affair between Carl and Marjorie.
According to her testimony at one of Carl’s trials, Marjorie said after a few sessions she felt a “strong feeling to be close to him.”
Soon the doctor’s sessions became more passionate, she said.
“We were in each other’s arms, kissing. The next day we became intimate,” she told the court under questioning by Monmouth County Prosecutor Vincent P. Keuper.

The Death of William Farber

Lieut. Col. Bill Farber died on July 30, 1963.
According to Carl, the doctor was asleep at home with his wife when they were awakened by Marjorie on the phone. Bill was ill, she said.
After dressing and heading across the street, “I saw the colonel right away,” Carl said. “He was pale, he was perspiring profusely, he was gasping for breath, and he was holding his heart. He said he felt weak and that he could hardly move.”
The doctor was describing textbook symptoms of a heart attack.
Carl said he insisted that the colonel go to the hospital, but that both Marjorie and Bill rejected the idea.
“I asked Mrs. Farber to call for an ambulance, but she refused to,” he said. “When I left, he seemed to be better, improved, but he certainly wasn’t well.”
Four hours later, at 10 a.m., the doctor returned to the neighbors to repeat his advice that Bill go to the hospital. He said that when he came into the Farber house, the couple was arguing.
When his patient refused to follow his advice, Carl indicated that he was “withdrawing from the case, and I asked Mrs. Farber to sign a release.”
Marjorie signed the paper. Later she would identify the signature as hers, but claimed she had no recollection of signing it.
On the evening of the 30th, Carmela Coppolino received a call summoning her to the Farbers. Carl followed soon after, he said.
“When I got there, I found Bill in bed on his back,” Carl testified in his defense. “He was dead. He had been dead from three to five hours.”
Carmela signed Bill’s death certificate, listing the cause of death as coronary thrombosis — essentially a blood clot in the arteries surrounding the heart.
“Where did she get the information from?” Carl was asked.
“From me,” he replied.
Carmela wrote:

I hearby certify that I attended the deceased from 3:30 a.m. to 6: a.m. and that I last saw the deceased alive at 1:30 p.m. on July 30, 1963 and that death occurred at approximately 4 p.m. from…coronary thrombosis.

When Carmela’s father, Dr. Carmello Musetto, learned that his daughter filed — let’s call it what it is — a fraudulent death certificate, he said he was livid.
“My God,” he said he told her. “I didn’t bring you up that way. That kind of treatment went out with high-button shoes.”
Eventually, Carmela’s actions helped bring her husband to justice. During the investigation into Bill Farber’s death, attention on Carl was quickly brought to bear when police discovered that his death had not been reported to the county coroner as required when someone dies outside a hospital and the death certificate had been signed by an ineligible physician. New Jersey law required that any physician who signs a death certificate must be a “practicing” doctor. Apparently, Carmela’s status as a researcher did not qualify her to sign certificates.
The Lieut. Colonel was interred in Arlington National Cemetery.
According to Marjorie, Bill’s death was a long-term project.
As their affair progressed, Marjorie said, Carl began telling her repeatedly that her husband needed to be out of the picture.
“‘He has got to go, he’s got to go,’ over and over,” she testified, implying that the doctor was trying to exert some kind of hypnotic control over her.
If her story is to be believed he probably did have some kind of Svengali-like influence, although it is a well-known fact that a person under hypnosis cannot be forced against their will to do something. On the stand, under oath, Marjorie made a series of statements against her own interests describing how Carl was able to manipulate her.
At the doctor’s trial in New Jersey, Marjorie acted as if Carl still had some control over her. The Times described it this way:

In her description of how Dr. Coppolino had hypnotized her, Mrs. Farber seemed to go into a trance herself on the stand. Her head slouched to one side and her eyes closed.
Mr. (F. Lee) Bailey, meanwhile, leaned forward from his seat in front of her and snapped his fingers again and again in an apparent attempt to arouse her.

Eventually Carl apparently wore down Marjorie’s resolve.
Three days before Farber died, Marjorie testified, Carl gave her a syringe and vial filled with an anesthetic that he said was a relaxant.
Despite being under the doctor’s hypnotic command, Marjorie said she was unable to bring herself to kill her husband.
“I got rid of it,” she testified at Carl’s trial for her husband’s murder. “I just…this was very objectionable. I just couldn’t do this thing, so I threw it out.”
Marjorie said on the stand that soon she was ready to try again. Without the anesthetic, she was forced to concoct her own poison. While Bill slumbered Marjorie took the syringe and injected it into his thigh.
“He jumped up, complained of a ‘charley horse’ and groped his way to the bathroom” where he became sick, she said.
Marjorie called Carl over and recalled on the stand that his “eyes were popping out of his head.”
“The bastard’s got to go,” she said Carl was saying. “He’s got to die.”
The doctor grabbed a pillow and smothered her husband, Marjorie said.
“He told me that if I ever did anything about my husband’s death that, first, nobody would believe me and, secondly, and more important to me, was that he would have me declared insane and institutionalized,” Marjorie testified later.
Then he called Carmela, described by prosecutors in New Jersey as “an innocent dupe,” who filled out the death certificate.

The Death of Dr. Carmela Coppolino

Following the burial of Lieut. Col. Farber, the Coppolinos sold their property in New Jersey and moved south to Longboat Key, near Sarasota. The relationship between Marjorie and the Coppolinos was still strong enough that Marjorie also sold her home and moved to Longboat Key. While there, she asked the couple to stand as godparents for her children when the family converted to Catholicism.
By 1965, however, the 35-year-old Carl had moved on and began dating Mary Gibson, 52, a wealthy widow. Not surprisingly, this did not sit well with Marjorie, by then 54 years old. There were allegations of stalking. At one point Carl complained of Marjorie’s “Gestapo methods of spying on him.”
Meanwhile, this time without Marjorie’s help, Carl was getting ready to end his marriage to Carmela, one way or another. Apparently not a romantic guy, Carl waited until August 18, 1965, the couple’s anniversary, to tell Carmela he no longer loved her, according to Marjorie’s testimony. Just how Carmela responded we will never know, but ten days later, she was dead.
Carl called Carmela’s family back in New Jersey and broke the news that she had died of a “massive coronary occlusion.” Later, Carl lied to Carmela’s father, Dr. Musetto, saying that the Sarasota County medical examiner had performed an autopsy and found a “severe heart condition.”
Carmela’s death certificate was signed by Dr. Juliet Karow, who told authorities that she was summoned to the palatial Coppolino home in Longboat Key, but that the doctor was dead before she arrived. Again, the physician of record assigned the cause of death to be coronary occlusion. Like Carmela, Dr. Karow received her information from Carl. If she saw the injection site on her patient’s left buttock, she never said.
From the get-go Dr. Carmello Musetto refused to believe that his healthy 34-year-old daughter had simply keeled over from a heart attack and he was telling this to anyone who would listen. He told authorities in Florida that his daughter had never had any signs of heart ailments.
Indeed, as neighbors watched the ambulance and police arrive at the home, they were sure that Carl’s heart condition had finally caught up with him.
“When Dr. Karow told me that it was Mrs. Coppolino who was dead, I blurted out ‘you mean Mr. Coppolino,” said neighbor George Thompson at Coppolino’s Florida trial.
Dr. Carmela Coppolino was buried in New Jersey.
Six weeks later, much to the shock and surprise of everyone — particularly Marjorie Farber — Carl married Mary Gibson. With her fortune and the $65,000 insurance Carl collected for his wife’s death (approximately $450k in current dollars), the couple was quite comfortable.

Two Murder Investigations

A pair of murders notwithstanding, rejecting Marjorie’s affections was the biggest mistake that Carl Coppolino committed.
After Carl was married to his rich widow, he approached Marjorie and offered her the position of housekeeper in his home. Just what his motivation was we will probably never know, but Marjorie was not going to take that kind of insult lying down. Instead of accepting the housekeeping position, Marjorie returned to New Jersey and went straight to the cops.
She did it, she said, because she feared Carl would kill again.
“I thought this man might possibly want to kill his present wife,” she said on the stand in New Jersey.
“So you’re here now to protect the present Mrs. Coppolino?” asked defense attorney Bailey.
“Yes, and maybe even myself,” she replied.
Marjorie had no idea that investigators in two states were already looking at Dr. Carl Coppolino as a possible killer, but they were stumped as to the method he used to kill Carmela. The jilted lover provided the final piece of the puzzle when she told them about the drug Carl had given her to use on her husband.
Investigators quickly settled on succinylcholine, a drug used by anesthesiologists in patients undergoing surgery. Succinylcholine is a muscle relaxant which causes apnea, or the inability to breath. Breathing is maintained artificially during surgery. In 1966, however, even a lethal dose of the anesthetic was nearly untraceable because it breaks down in the body so quickly.
In Florida, Carmello Musetto’s five months of insistence that his daughter was much too healthy to die at 35 from a heart attack, along with the lies Carl told him about the autopsy that never happened, prompted authorities in Sarasota to exhume her body and perform the belated autopsy.
Because Carmela was interred in Jersey, the Monmouth authorities were tasked with the examination.
New Jersey officials requested the assistance of New York City Chief Medical Examiner Milton Helpern who by that time in his three decades as a forensic pathologist had performed nearly 20,000 autopsies and participated in an additional 48,000. Reading the file, Helpern was convinced that Carmela had been murdered.
“I found no evidence of disease of the body,” Helpern testified. “I found no explanation of death from the condition of her organs. I would say with reasonable medical certainty she did not die of coronary occlusion or any type of heart disease.”
Beyond that, however, Helpern could not say how Carmela died.
Circumstantial evidence that proved Carl had possession of succinylcholine chloride, plus Marjorie’s insistence that the deadly doctor had given her a syringe full of the stuff to kill Bill and the injection wound led the ME to suspect that the anesthetic was the means of death.
The problem was proving it. For that, Helpern turned to toxicologist Dr. Charles Joseph Umberger.
Umberger believed that succinylcholine in a massive amount could not be broken down by the body fast enough before death occurs, so traces of the drug’s components should still be traceable in the corpse.
Umberger began by performing a general presumptive test for trace evidence of certain drugs or poisons. The tests were negative.
In addition to Umberger, several other scientists were looking at the problem. One, Dr. Malcolm B. Gilman, ME of Monmouth County, injected succinylcholine into rabbits and bullfrogs at his home in Colts Neck, before subjecting their tissues to chemical and spectroscopic analysis.
Dr. Bert La Du, Jr., at the time chairman of the pharmacology department at New York University medical college, tested samples of tissue near the injection site and the needle’s track through subcutaneous fat.
After months of trying established tests and developing new ones, the physicians had identified two chemicals in Marjorie’s body that could be linked back to the anesthetic: succinylmonocholine and succinic acid. The first was found mostly in the fatty tissue adjacent to the needle track with a much smaller amount in the injection-site tissue. The second was found in Carmela’s brain.
Based on the findings in Carmela’s autopsy, New Jersey officials exhumed the colonel’s body, expecting to find the same chemicals. Unfortunately for investigators, Bill had been in the ground for years and the tests were at best inconclusive. Helpern, however, discovered the colonel had a fractured windpipe, which he ruled was caused by homicidal violence.

The Trials of Dr. Carl Coppolino

New Jersey and Florida each raced to be first to indict and try Carl Coppolino for murder and eventually New Jersey came out on top.
Although the trials featured the same players, the two trials were quite different affairs. In the Jersey trial, Helpern went mano a mano with defense attorney F. Lee Bailey, who tried to establish that there was no murder at all.
“Death resulted from compression of the nexk, as indicated by the double fracture of the cricoid cartilage,” Helpern said on the stand. “It had a particular feel. It was broken in two places. It had the feeling of a dented ping pong ball.”
On cross examination, Bailey was unable to get Helpern to admit a cricoid cartilage could be broken during an autopsy, when the sides of a coffin cave in, or when “a spade was driven into the victim’s neck.”
“I would have seen that,” Helpern replied drily.
Helpern told jurors he had seen injuries like Bill’s caused by the heel of a hand pressing on a pillow covering a face.
With a star witness who seemed to lapse into trances on the stand and only the speculation of Helpern about how the cricoid cartilage was broken, the prosecution’s case was weak and few observers were surprised when Carl was acquitted of killing Lieut. Col Farber.
One of the jurors told The New York Times that on the first ballot eight members of the jury believed no murder had occurred, one was undecided and the three others believed the doctor guilty. Five successive ballots resulted in a unanimous verdict of not guilty.
Carl did not go free. Asked by reporters if Mary Gibson Coppolino would be able to spend any time with her husband that night, Prosecutor Keuper, smarting from his loss, said “Not unless she breaks into the jail.”
Although he was out on a $15,000 bond in Florida so he could attend his Jersey trial, he was taken to the airport the next day and accompanied by detectives to Sarasota where he was turned over to the Florida cops.
It was the tests of Umberger, La Du and Gilman that were the center of attention in the Florida trial. Bailey tried to argue that the tests had not been sufficiently vetted and did not deserve the confidence of the jury.
“Why make the defendant a guinea pig for experiments that are not even publishable?” Bailey asked the jury, referring to a statement he elicited on cross-examination from Umberger who said he did not consider his tests “complete enough for publication in a scientific journal.”
Jurors believed the scientists and after three hours of deliberating, announced that they found the doctor guilty of killing his wife.
Coppolino appeared stunned by the verdict.
“I just don’t understand,” he muttered as he was taken away in cuffs.
Bailey was equally surprised by the verdict of second degree murder.
“It’s absolutely impossible to have a second-degree poisoning,” he told the press. “This verdict is a flat compromise. This jury has just acquitted the defendant of first-degree murder and when the appellate court throws out the second-degree murder verdict it will be the end of the case.”
The Florida Court of Appeals disagreed with Bailey: “If the evidence is sufficient to support a verdict of guilty of the offense charged, the jury has the power, (under Florida law) to find the accused guilty of a lesser degree of the offense regardless of the lack of evidence as to such degree.”
Carl Coppolino was sentenced to life in prison, but ended up serving just 12 years. Upon his release he was greeted by his wife, Mary, who stood by him while he served his sentence.
In a 1980 interview with NBC, Carl, continuing to claim innocence, blamed his conviction on a poor performance by F. Lee Bailey. The interview was part of his publicity tour for his book, The Crime That Never Was, described by the New York Daily News as “a narcissistic spin on his villainy that blamed everyone but himself for his ignominious life.”