The Murder of Jordan Neely

Any true New Yorker knew who he was: a lean and beatific dancer who you would see around Times Square mimicking Michael Jackson’s moonwalk. He built up a graceful and resplendent performance from a well-known repertoire that Neely owned with his supple and silent dignity. Even if you were in a rush to get somewhere, you’d still need a minute to quietly collect your jaw from the ground after catching the blurs of his flying feet in your peripheral vision. If you were really lucky, you’d be able to see Neely bust out his steps on a subway car barreling between stations, watching him somehow sustain his center of gravity as the train swayed and careened and buckled. All this made him much more than a casual showtime busker hustling for a few bucks. He epitomized the true spirit of this city. And he deserved to live.

Tourists adored him. Gothamites respected him. There is no known method of quantifying the smiles he put on so many faces, but the tally surely must reach into six figures.

What few people knew about Neely — and the sad and enraging thing about this goddamned barbaric business is that it took a murderous Marine with a sick smirk and a passion for chokeholding for us to really know — was that the man was significantly troubled. He was betrayed by a heartless and broken system that left him for dead and that looked the other way as he lived with his pain. It was a pain that broke him. The emotional burden of living with hard and cruel knocks that all New Yorkers know, but that, without resources, becomes an abyss that is almost impossible to climb out from. A pain that had him screaming at the top of his lungs in a subway car on the first night of May, telling anyone who would listen that he was hungry and that he didn’t care and that he wanted to die. The trauma involving his mother being taken from him by a killer who was so cold that he packed her corpse into a suitcase. A pain that involved forty arrests for disorderly conduct, fare evasion, and assault.

But on Monday night on the subway, Neely was loud but not violent. He was a soul screaming for help. Help that he would never receive. Because the American experiment had rendered him invisible. And that’s when Daniel Penny, an unremarkable blond-haired thug from West Islip on his way to a date, decided to stub out this promising yet troubled light. Penny put Nelly into a chokehold for fifteen minutes. I called a friend trained in hand-to-hand combat, who informed me that you never put someone in a chokehold unless you plan to do serious business to a man. And with this disturbing intelligence, I can only conclude that Penny really wanted to kill a spirit that he savagely and sociopathically considered to be a nuisance. Penny was white. Neely was Black. So he also had that to his advantage.

But Penny also had the American climate in his favor. When a homeless man begs for help in a major metropolitan area, most Americans look the other way. When it comes to mass shootings, we offer “thoughts and prayers” instead of making legislative solutions happen. Lacking a pistol, Penny had his homicidal hands as well as two unidentified aides-de-camp holding Penny’s body down. He also had a scumbag “freelance journalist” by the name of Juan Alberto Vazquez, who never put his camera down even as Neely’s legs stopped twitching. “I witnessed a murder on the Manhattan subway today (there’s video!),” wrote Vazquez on Facebook while caught in the immediate afterglow that a used car salesman feels just after selling a lemon to some gullible mark.

In a just world, the murder of Jordan Neely would stain our city and our culture as much as the Kitty Genovese incident in 1964. It would shame us into actually doing something about it. But we don’t. Instead, we tell people to fend for themselves, accuse the indigent of being lazy and not looking for work, and we reduce SNAP benefits and cut homeless programs instead of putting everything we have into helping the most marginalized members of our society. We endure a colossally stupid and wildly arrogant mayor — the most insipid motherfucker we’ve ever had sitting adjacent to Park Row, a crooked former cop who has deluded himself into believing that he’s “the Biden of Brooklyn” — who has placed a substantive amount of the city’s money into cops — including a projected $740 million in NYPD overtime last year — rather than libraries and parks and affordable housing and mental health services and pretty much any program that would arguably reduce crime more effectively than broken windows bullshit. What was this putzbrained dunce’s remarks after the murder? “Any loss of life is tragic.” “There were serious mental health issues at play.” Followed by self-aggrandizing lies about his administration’s “large investments” in mental health. Which includes, for those not paying attention, authorizing his boys in blue, who aren’t trained to deal with those enduring a mental health crisis, to arrest anyone they deem to be fitting the profile.

Daniel Penny killed Jordan Neely. And he was not arrested. And his name was kept out of the newspapers for three days. Neely didn’t have that privilege.

What makes the Jordan Neely murder so unsettling is how it is the perfect amalgam of problems that our politicians refuse to tackle: racism, white privilege, the mental health epidemic, casual vigilantism, and, of course, the American bloodlust for violence. Republicans and Democrats have badly fumbled the football on these systemic ills and they choose to perceive this tableau of endless suffering as a game rather than a series of events that destroy and even end human lives. In these trying times, anyone with a moral conscience should be seriously considering hitting the reset switch and starting over, letting all these incompetent bastards pay the price in every election across the land. Because if this is who we are and this is what we now casually accept until the next tragedy happens, it’s clear that the status quo isn’t working. We are capable of building something better than this hideous funhouse of endless anguish, but we refuse to learn from France and revolt against these cruel and vainglorious aristocrats until they feel the palpable reality of losing political power.

In Cold Blood (Modern Library Nonfiction #96)

(This is the fifth entry in The Modern Library Nonfiction Challenge, an ambitious project to read and write about the Modern Library Nonfiction books from #100 to #1. There is also The Modern Library Reading Challenge, a fiction-based counterpart to this list. Previous entry: The Journalist and the Murderer.)

halmacapoteTruman Capote was a feverish liar and a frenzied opportunist from the first moment his high voice pierced the walls of a literary elite eager to filth up its antimacassars with gossip. He used his looks to present himself as a child prodigy, famously photographed in languorous repose by Harold Halma to incite intrigue and controversy. He claimed to win national awards for his high school writing that no scholar has ever been able to turn up. He escorted the nearly blind James Thurber to his dalliances with secretaries and deliberately put on Thurber’s socks inside out so that his wife would notice, later boasting that one secretary was “the ugliest thing you’ve ever seen.” Biographer Gerald Clarke chronicled how Capote befriended New Yorker office manager Daise Terry, who was feared and disliked by many at the magazine, because he knew she could help him. (Capote’s tactics paid off. Terry gave him the easiest job on staff: copyboy on the art department.) If Capote wanted to know you, he wanted to use you. But the beginnings of a man willing to do just about anything to get ahead can be found in his early childhood.

Capote’s cousin Jennings Faulk Carter once described young Truman coming up with the idea of charging admission for a circus. Capote had heard a story in the local paper about a two-headed chicken. Lacking the creative talent to build a chicken himself, he enlisted Carter and Harper Lee for this faux poultry con. The two accomplices never saw any of the money. Decades later, Capote would escalate this tactic on a grander scale, earning millions of dollars and great renown for hoisting a literary big top over a small Kansas town after reading a 300 word item about a family murder in The New York Times. Harper Lee would be dragged into this carnival as well.

mlnf96The tale of how two frightening men murdered four members of the Clutter family for a pittance and created a climate of fear in the surrounding rural area (and later the nation) is very familiar to nearly anyone who reads, buttressed by the gritty 1967 film (featuring a pre-The Walking Dead Scott Wilson as Dick Hickock and a pre-Bonnie Lee Bakley murder Robert Blake as Perry Smith) and a deservedly acclaimed 2005 film featuring the late great Philip Seymour Hoffman as Capote. But what is not so discussed is the rather flimsy foundation on which this “masterpiece” has been built.

Years before “based on a true story” became a risible cliche, Capote and his publicists framed In Cold Blood‘s authenticity around Capote’s purported accuracy. Yet the book itself contains many gaping holes in which we have only Smith and Hickock’s words, twisted further by Capote. What are we to make of Bill and Johnny — a boy and his grandfather who Smith and Hickock pick up for a roadside soda bottle-collecting adventure to make a few bucks? In our modern age, we would demand the competent journalist to track these two side characters down, to compare their accounts with those of Smith and Hickock. Capote claims that these two had once lived with the boy’s aunt on a farm near Shreveport, Louisiana, yet no independent party appears to have corroborated their identities. Did Capote (or Hickock and Smith) make them up? Does the episode really contribute to our understanding of the killers’ pathology? One doesn’t need to be aware of a recent DNA test that disproved Hickock and Smith’s involvement with the quadruple murder of the Walker family in Sarasota County, Florida, taking place one month after the Clutter murders, to see that Capote is more interested in holding up the funhouse mirror to impart specious complicity:

Hickock consented to take the [polygraph] test and so did Smith, who told Kansas authorities, “I remarked at the time, I said to Dick, I’ll bet whoever did this must be somebody that read about what happened out here in Kansas. A nut.” The results of the test, to the dismay of Osprey’s sheriff as well as Alvin Dewey, who does not believe in exceptional circumstances, were decisively negative.

Never mind that polygraph tests are inaccurate. It isn’t so much Hickock and Smith’s motivations that Capote was interested in. He was more concerned with stretching out a sense of amorphous terror on a wide canvas. As Hickock and Smith await to be hanged, they encounter Lowell Lee Andrews in the adjacent cell. He is a fiercely intelligent, corpulent eighteen-year-old boy who fulfilled his dormant dreams of murdering his family, but Capote’s portrait leaves little room for subtlety:

For the secret Lowell Lee, the one concealed inside the shy church going biology student, fancied himself an ice-hearted master criminal: he wanted to wear gangsterish silk shirts and drive scarlet sports cars; he wanted to be recognized as no mere bespectacled, bookish, overweight, virginal schoolboy; and while he did not dislike any member of his family, at least not consciously, murdering them seemed the swiftest, most sensible way of implementing the fantasies that possessed him.

We have modifiers (“shy,” “ice-hearted,” “gangsterish,” “silk,” “scarlet,” “bespectacled,” “bookish,” “virginal,” “swiftest,” and “sensible”) that conjure up a fantasy atop the fantasy, that suggest relativism to the two main heavies, but there is little room for subtlety or for any doubt in the reader’s mind. Capote does bring up the fact that Andrews suffered from schizophrenia, but diminishes this mental illness by calling it “simple” before dredging up the M’Naghten Rule, which was devised in 1843 (still on the books well before psychiatry existed and predicated upon a 19th century standard) to exclude any insanity defense whereby the accused recognizes right from wrong. But he has already tarnished Andrews with testimony from Dr. Joseph Satten: “He considered himself the only important, only significant person in the world. And in his own seclusive world it seemed to him just as right to kill his mother as to kill an animal or a fly.” I certainly don’t want to defend Andrews’s crime (much less the Clutter family murders), but this conveniently pat assessment does ignore more difficult and far more interesting questions that Capote lacks the coherence, the empathy, or the candor to confess his own contradictions to pursue. Many pages before, in relation to Hickock, Capote calls M’Naghten “a formula quite color-blind to any gradations between black and white.” In other words, Capote is the worst kind of journalist: a cherry-picking sensationalist who applies standards as he sees fit, heavily steering the reader’s opinion even as he feigns objectivity. The ethical reader reads In Cold Blood in the 21st century, wanting Katherine Boo to emerge from the future through a wormhole, if only to open up a can of whoopass on Capote for these egregious and often thoughtless indiscretions.

Capote’s decision to remove himself from the crisp, lurid story was commended by many during In Cold Blood‘s immediate reception as a feat of unparalleled objectivity, with the “nonfiction novel” label sticking to the book like a trendy hashtag that hipsters refuse to surrender, but I think Cynthia Ozick described the thorny predicament best in her infamous driveby on Capote (collected in Art & Ardor): “Essence without existence; to achieve the alp of truth without the risk of the footing.” If we accept any novel — whether “nonfiction” or fully imaginative — as some sinister or benign cousin to the essay, as a reasonably honest attempt to reckon with the human experience through invention, then In Cold Blood is a failure: the work of a man who sat idly in his tony Manhattan spread with cadged notebooks and totaled recall of aggressively acquired conversations even as his murderous subjects begged their “friend” to help them escape the hangman’s noose.

In 2013, Slate‘s Ben Yagoda described numerous factual indiscretions, revealing that editor William Shawn had penciled in “How know?” on the New Yorker galley proofs of Capote’s four part opus (In Cold Blood first appeared in magazine form). That same year, the Wall Street Journal uncovered new evidence from the Kansas Bureau of Investigation, which revealed that the KBI did not, upon receiving intelligence from informant Floyd Wells, swiftly dispatch agent Harold Nye to the farmhouse where Richard Hickock had lodged. (“It was as though some visitor were expected,” writes Capote. Expected by Hickock’s father or an author conveniently tampering his narrative like a subway commuter feverishly filling in a sudoku puzzle?) As Jack de Bellis has observed, Capote’s revisions from New Yorker articles to book form revealed Capote’s feeble command of time, directions, and even specific places. But de Bellis’s examination revealed more descriptive imprudence, such as Capote shifting a line on how Perry “couldn’t stand” another prisoner to “could have boiled him in oil” (“How know?” we can ask today), along with many efforts to coarsen the language and tweak punctuation for a sensationalist audience.

And then there is the propped up hero Alvin Dewey, presented by Capote as a tireless investigator who consumes almost nothing but coffee and who loses twenty pounds: a police procedural stereotype if ever there was one. Dewey disputes closing his eyes during the execution and the closing scene of Dewey meeting Nancy Clutter’s best friend, Susan Kidwell, in a cemetery is not only invented, but heavily mimics the belabored ending of Capote’s 1951 novel, The Grass Harp. But then “Foxy” Dewey and Capote were tighter than a pair of frisky lovers holed up for a week in a seedy motel.

Capote was not only granted unprecedented access to internal documents, but Capote’s papers reveal that Dewey provided Capote with stage directions in the police interview transcripts. (One such annotation reads “Perry turns white. Looked at the ceiling. Swallows.”) There is also the highly suspect payola of Columbia Pictures offering Dewey’s wife a job as a consultant on the 1965 film for a fairly substantial fee. Harold Nye, another investigator whose contributions have been smudged out of the history told Charles J. Shields in a December 30, 2002 interview (quoted in Mockingbird), “I really got upset when I know that Al [Dewey] gave them a full set of the reports. That was like committing the largest sin there was, because the bureau absolutely would not stand for that at all. If it would have been found out, he would have been discharged immediately from the bureau.”

haroldnyeIn fact, Harold Nye and other KBI agents did much of the footwork that Capote attributes to Dewey. Nye was so incensed by Capote’s prevarications that he read 115 pages of In Cold Blood before hurling the book across the living room. And in the last few years, the Nye family has been fighting to reveal the details inside two tattered notebooks that contain revelations about the Clutter killings that may drastically challenge Capote’s narrative.

Yet even before this, Capote’s magnum opus was up for debate. In June 1966, Esquire published an article by Phillip K. Tompkins challenging Capote’s alleged objectivity. He journeyed to Kansas and discovered that Nancy Clutter’s boyfriend was hardly the ace athlete (“And now, after helping clear the dining table of all its holiday dishes, that was what he decided to do that — put on a sweatshirt and go for a run.”) that Capote presented him as, that Nancy’s horse was sold for a higher sum to the father of the local postmaster rather than “a Mennonite farmer who said he might use her for plowing,” and that the undersheriff’s wife disputed Capote’s account:

During our telephone conversation, Mrs. Meier repeatedly told me that she never heard Perry cry; that on the day in question she was in her bedroom, not the kitchen; that she did not turn on the radio to drown out the sound of crying; that she did not hold Perry’s hand; that she did not hear Perry say, ‘I’m embraced by shame.’ And finally – that she had never told such things to Capote. Ms. Meier told me repeatedly and firmly, in her gentle way, that these things were not true.

(For more on Capote’s libertine liberties, see Chapter 4 of Ralph F. Voss’s Truman Capote and the Legacy of In Cold Blood.)

Confronted by these many disgraceful distortions, we are left to ignore the “journalist” and assess the execution. On a strictly showboating criteria, In Cold Blood succeeds and captures our imagination, even if one feels compelled to take a cold shower knowing that Capote’s factual indiscretions were committed with a blatant disregard for the truth, not unlike two psychopaths murdering a family because they believed the Clutters possessed a safe bountiful with riches. One admires the way that Capote describes newsmen “[slapping] frozen ears with ungloved, freezing hands,” even as one winces at the way Capote plays into patriarchal shorthand when Nye “visits” Barbara Johnson (Perry Smith’s only surviving sister: the other two committed suicide), describing her father as a “real man” who had once “survived a winter alone in the Alaskan wilderness.” The strained metaphor of two gray tomcats — “thin, dirty strays with strange and clever habits” – wandering around Garden City during the Smith-Hickcock trial allows Capote to pad out his narrative after he has exhausted his supply of “flat,” “dull,” “dusty,” “austere,” and “stark” to describe Kansas in the manner of some sheltered socialite referencing the “flyover states.” Yet for all these cliches, In Cold Blood contains an inexplicably hypnotic allure, a hold upon our attention even as the book remains aggressively committed to the facile conclusion that the world is populated by people capable of murdering a family over an amount somewhere “between forty and fifty dollars.” As Jimmy Breslin put it (quoted in M. Thomas Inge’s Conversations with Truman Capote), “This Capote steps in with flat, objective, terrible realism. And suddenly there is nothing else you want to read.”

That the book endures — and is even being adapted into a forthcoming “miniseries event’ by playwright Kevin Hood — speaks to an incurable gossipy strain in Western culture, one reinforced by the recent success of the podcast Serial and the television series The Jinx. It isn’t so much the facts that concern our preoccupation with true crime, but the sense that we are vicariously aligned with the fallible journalist pursuing the story, who we can entrust to dig up scandalous dirt as we crack open our peanuts waiting for the next act. If the investigator is honest about her inadequacies, as Serial‘s Sarah Koenig most certainly was, the results can provide breathtaking insight into the manner in which we incriminate other people with our emotional assumptions and our fallible memories and superficially examined evidence. But if the “journalist” removes himself from culpability, presenting himself as some demigod beyond question or reproach (Capote’s varying percentages of total recall memory certainly feel like some newly wrangled whiz kid bragging about his chops before the knowledge bowl), then the author is not so much a sensitive artist seeking new ways inside the darkest realm of humanity, but a crude huckster occupying an outsize stage, waiting to grab his lucrative check and attentive accolades while the real victims of devastation weep over concerns that are far more human and far more deserving of our attention. We can remove the elephants from the lineup, but the circus train still rolls on.

Next Up: The Promise of American Life by Herbert Croly!

The Cop Shootings Were Awful, But This Doesn’t Let the NYPD Off the Hook

Two cops were gunned down near Myrtle and Tompkins Avenue on Saturday afternoon. It happened near my old neighborhood. There was a palpable panic that hit the latte drinkers like an epidemic, as if one shooting had the power to halt the eastward wave of gentrification. The more troubling question, of course, beyond the immediate concern for the victims’s families, was whether this incident would serve as a smoking gun for an altogether different war against peaceful activists, Mayor Bill de Blasio, and any person standing in the NYPD’s way.

Ismaaiyl Brinsley, the gunman who killed Officers Wenjian Liu and Rafael Ramos, was neither a protester nor a political agitator, unless one counts Instagram photos as a manifesto. He was a mentally disturbed man, admitting to an unspecified illness in court, and he shot his ex-girlfriend on Saturday, only to continue his spree at Bed-Stuy. Thus, Brinsley’s “motive,” which has been widely associated with Eric Garner, could just as easily have been hearing one too many treacly Christmas carols at the supermarket.

In all the finger wagging and op-ed quarterbacking, there has been little ink devoted to how a man like Brinsley obtained his silver pistol. Much like Elliot Rodger back in May, Brinsley was eager to communicate his plan (“I’m Putting Wings On Pigs Today”), motivated by hate, and carried out his violent rampage on people who were doing nothing: in this case, two cops who were merely eating their lunch. Whether Brinsley felt oppressed in an altogether different way, and didn’t feel he could express himself through peaceful means, is a matter that will likely have to be settled when further evidence pours in. But in light of 2014’s repugnant buffet of brutal violence, sexual assault allegations, #gamergate and other misogynist outings, and relentless racism, one must legitimately ask why it all seems to be spilling out now.

The loss of two cops deserves our sorrow and our respect. This was a violent and ineffable act, and the NYPD certainly deserves to mourn these losses.

Yet this incident must not be used by the NYPD to elude culpability for the murders of Eric Garner and Akai Gurley, who were both killed while unarmed and who both did not need to die. The NYPD must not stifle the necessary protests that will help bring about reform, much less any investigation into deeply inhumane and flagrantly over-the-top practices. The NYPD can complain about “NYPD KKK” epithets in chalk until it is as blue in the face as it is in uniform, but is not the written word better than the loaded gun? Surely, the NYPD must understand that there is a lot of rage over Garner, Gurley, and Michael Brown. The protests have attracted tens of thousands of people and, despite one questionable incident involving a bag of hammers, these efforts have been relatively peaceful.

Moreover, the NYPD is contributing to divisiveness. There were the I CAN BREATHE shirts brought by a Colorado man on Friday night, actively mocking Eric Garner’s dying words and heating up tensions with protesters on the other side. Then there was the NYPD’s astonishing disrespect for Mayor de Blasio on Saturday night, in which cops turned their backs when the Mayor entered a presser with Police Commissioner Bill Bratton at Woodhull Hospital.

The NYPD has been accustomed to getting what it wants and, as 1,000 more cops will be hired next year, there is little doubt that its militarized presence will escalate. And maybe that’s the problem with America right now. If everyone insists on being greedy and eating what little they have left of the pie, how will we learn to get through hard times?

The Journalist and the Murderer (Modern Library Nonfiction #97)

(This is the fourth entry in The Modern Library Nonfiction Challenge, an ambitious project to read and write about the Modern Library Nonfiction books from #100 to #1. There is also The Modern Library Reading Challenge, a fiction-based counterpart to this list. Previous entry: The Taming of Chance.)

mlnf97One of the mistakes often made by those who immerse themselves in Janet Malcolm’s The Journalist and the Murderer is believing that MacDonald’s guilt or innocence is what matters most. But Malcolm is really exploring how journalistic opportunity and impetuous judgment can lead any figure to be roundly condemned in the court of public opinion. Malcolm’s book was written before the Internet blew apart much of the edifice separating advertising and editorial with native advertising and sponsored articles, but this ongoing ethical dilemma matters ever more in our age of social media and citizen journalism, especially when Spike Lee impulsively tweets the wrong address of George Zimmerman (and gets sued because of the resultant harassment) and The New York Post publishes a front page cover of two innocent men (also resulting in a lawsuit) because Reddit happened to believe they were responsible for the 2013 Boston Marathon bombing.

Yet it is important to approach anything concerning the Jeffrey MacDonald murder case with caution. It has caused at least one documentary filmmaker to go slightly mad. It is an evidential involution that can ensnare even the most disciplined mind, a permanently gravid geyser gushing out books and arguments and arguments about books, with more holes within the relentlessly regenerating mass than the finest mound of Jarlsberg. But here are the underlying facts:

On February 17, 1970, Jeffrey MacDonald reported a stabbing to the military police. Four officers found MacDonald’s wife Colette, and their two children, Kimberley and Kristen, all dead in their respective bedrooms. MacDonald went to trial and was found guilty of one count of first-degree murder and two counts of second-degree murder. He was sentenced to three life sentences. Only two months before this conviction, MacDonald hired the journalist Joe McGinniss — the author of The Selling of a President 1968, then looking for a comeback — to write a book about the case, under the theory that any money generated by MacDonald’s percentage could be used to sprout a defense fund. MacDonald placed total trust in McGinniss, opening the locks to all his papers and letting him stay in his condominium. McGinniss’s book, Fatal Vision, was published in the spring of 1983. It was a bestseller and spawned a popular television miniseries, largely because MacDonald was portrayed as a narcissist and a sociopath, fitting the entertainment needs of a bloodthirsty public. MacDonald didn’t know the full extent of this depiction. Indeed, as he was sitting in jail, McGinniss refused to send him a galley or an advance copy. (“At no time was there ever any understanding that you would be given an advance look at the book six months prior to publication,” wrote McGinniss to MacDonald on February 16, 1983. “As Joe Wambuagh told you in 1975, with him you would not even see a copy before it was published. Same with me. Same with any principled and responsible author.” Malcolm copiously chronicles the “principled and responsible” conduct of McGinniss quite well, which includes speaking with MacDonald in misleading and ingratiating tones, often pretending to be a friend — anything to get MacDonald to talk.)

wallacemacdonald

On 60 Minutes, roughly around the book’s publication, Mike Wallace revealed to MacDonald what McGinniss was up to:

Mike Wallace (narrating): Even government prosecutors couldn’t come up with a motive or an explanation of how a man like MacDonald could have committed so brutal a crime. But Joe McGinniss thinks he’s found the key. New evidence he discovered after the trial. Evidence he has never discussed with MacDonald. A hitherto unrevealed account by the doctor himself of his activities in the period just before the murders.

Joe McGinniss: In his own handwriting, in notes prepared for his own attorneys, he goes into great detail about his consumption of a drug called Eskatrol, which is no longer on the market. It was voluntarily withdrawn in 1980 because of dangerous side effects. Among the side effects of this drug are, when taken to excess by susceptible individuals, temporary psychosis, often manifested as a rage reaction. Here we have somebody under enormous pressure and he’s taking enough of this Eskatrol, enough amphetamines, so that by his own account, he’s lost 15 pounds in the three weeks leading up to the murders.

eskatrolnoteWallace: Now wait. According to the note which I’ve seen, three to five Eskatrol he has taken. We don’t know if he’s taken it over a period of several weeks or if he’s taken three to five Eskatrol a day or a week or a month.

McGinniss: We do know that if you take three to five Eskatrol over a month, you’re not going to lose 15 pounds in doing so.

Jeffrey MacDonald: I never stated that to anyone and I did not in fact lose fifteen pounds. I also wasn’t taking Eskatrol.

Wallace (reading MacDonald’s note): “We ate dinner together at 5:45 PM. It is possible I had one diet pill at this time. I do not remember and do not think I had one. But it is possible. I had lost 12 to 15 pounds in the prior three to four weeks in the process, using three to five capsules of Eskatrol Spansule. I was also…”

MacDonald: Three to five capsules for the three weeks.

Wallace: According to this.

MacDonald: Right.

Wallace: According to this.

MacDonald: And that’s a possibility.

Wallace: Then why would you put down here that…that there was even a possibility?

MacDonald: These are notes given to an attorney, who has told me to bare my soul as to any possibility so we could always be prepared. So I…

Wallace: Mhm. But you’ve already told me that you didn’t lose 15 pounds in the three weeks prior…

MacDonald: I don’t think that I did.

Wallace: It’s in your notes. “I had lost 12-15 lbs. in the prior 3-4 weeks, in the process using 3-5 capsules of Eskatrol Spansules.” That’s speed. And compazine. To counteract the excitability of speed. “I was losing weight because I was working out with a boxing team and the coach told me to lose weight.” — 60 Minutes

One of McGinniss’s exclusive contentions was that MacDonald had murdered his family because he was high on Eskatrol. Or, as he wrote in Fatal Vision:

It is also fact that if Jeffrey MacDonald were taking three to five Eskatrol Spansules daily, he would have been consuming 75 mg. of dextroamphetamine — more than enough to precipitate an amphetamine psychosis.

Note the phrasing. Even though McGinniss does not know for a fact whether or not MacDonald took three to five Eskatrol (and MacDonald himself is also uncertain: both MacDonald and McGinniss prevaricate enough to summon the justifiably hot and bothered mesh of Mike Wallace’s grilling), he establishes the possibility as factual — even though it is pure speculation. The prognostication becomes a varnished truth, one that wishes to prop up McGinniss’s melodramatic thesis.

* * *

Malcolm was sued for libel by Jeffrey Masson over her depiction of him in her book, In the Freud Archives. In The Journalist and the Murderer, she has called upon all journalists to feel “some compunction about the exploitative character of the journalist-subject relationship,” yet claims that her own separate lawsuit was not the driving force in the book’s afterword. Yet even Malcolm, a patient and painstaking practitioner, could not get every detail of MacDonald’s appearance on 60 Minutes right:

As Mike Wallace — who had received an advance copy of Fatal Vision without difficulty or a lecture — read out loud to MacDonald passages in which he was portrayed as a psychopathic killer, the camera recorded his look of shock and utter discomposure.

Wallace was reading MacDonald’s own notes to his attorney back to him, not McGinniss’s book. These were not McGinniss’s passages in which MacDonald was “portrayed as a psychopathic killer,” but passages from MacDonald’s own words that attempted to establish his Eskatrol use. Did Malcolm have a transcript of the 60 Minutes segment now readily available online in 1990? Or is it possible that MacDonald’s notes to his attorney had fused so perfectly with McGinnis’s book that the two became indistinguishable?

This raises important questions over whether any journalist can ever get the facts entirely right, no matter how fair-minded the intentions. It is one thing to be the hero of one’s own story, but it is quite another to know that, even if she believes herself to be morally or factually in the clear, the journalist is doomed to twist the truth to serve her purposes.

It obviously helps to be transparent about one’s bias. At one point in The Journalist and the Murderer, Malcolm is forthright enough to confess that she is struck by MacDonald’s physical grace as he breaks off pieces of tiny powdered sugar doughnuts. This is the kind of observational detail often inserted in lengthy celebrity profiles to “humanize” a Hollywood actor uttering the same calcified boilerplate rattled off to every roundtable junketeer. But if such a flourish is fluid enough to apply to MacDonald, we are left to wonder how Malcolm’s personal connection interferes with her purported journalistic objectivity. In the same paragraph, Malcolm neatly notes the casual abuse MacDonald received in his mailbox after McGinniss’s book was published — in particular a married couple who read Fatal Vision while on vacation who took the time to write a hateful letter while sunbathing at the Sheraton Waikiki Hotel. This casual cruelty illustrates how the reader can be just as complicit as the opportunistic journo in perpetuating an incomplete or slanted portrait.

The important conundrum that Malcolm imparts in her short and magnificently complicated volume is why we bother to read or write journalism at all if we know the game is rigged. The thorny morality can extend to biography (Malcolm’s The Silent Woman is another excellent book which sets forth the inherent and surprisingly cyclical bias in writing about Sylvia Plath). And even when the seasoned journalist is aware of ethical discrepancies, the judgmental pangs will still crop up. In “A Girl of the Zeitgeist” (contained in the marvelous collection, Forty-One False Starts), Malcolm confessed her own disappointment in how Ingrid Sischy failed to live up to her preconceptions as a bold and modern woman. Malcolm’s tendentiousness may very well be as incorrigible as McGinnis’s, but is it more forgivable because she’s open about it?

* * *

It can be difficult for Janet Malcolm’s most arduous advocates to detect the fine grains of empathy carefully lining the crisp and meticulous forms of her svelte and careful arguments, which are almost always sanded against venal opportunists. Malcolm’s responsive opponents, which have recently included Esquire‘s Tom Junod, Errol Morris, and other middling men who are inexplicably intimidated by women who are smarter, have attempted to paint Malcolm as a hypocrite, an opportunist, and a self-loathing harpy of the first order. Junod wrote that “it’s clear to anyone who reads her work that very few journalists are animated by malice than Janet Malcolm” and described her work as “a self-hater whose work has managed to speak for the self-hatred” of journalism. Yet Junod cannot cite any examples of this self-hate and malice, save for the purported Henry Youngman-like sting of her one liners (Malcolm is not James Wolcott; she is considerably more thoughtful and interesting) and for pointing out, in Iphigenia in Forest Hills, how trials “offer unique opportunities for journalistic heartlessness,” failing to observe how Malcolm pointed out how words or evidence lifted out of context could be used to condemn or besmirch the innocent until proven guilty (and owning up to her own biases and her desire to interfere).

Malcolm is not as relentless as her generational peer Renata Adler, but she is just as refreshingly formidable. She is as thorough with her positions and almost as misunderstood. She has made many prominent enemies for her controversial positions — even fighting a ten year trial against Jeffrey Masson over the authenticity of his quotations (dismissed initially by a federal judge in California on the grounds that there was an absence of malice). Adler was ousted from The New Yorker, but Malcolm was not. In the last few years, both have rightfully found renewed attention for their years among a new generation.

One origin for the anti-Malcolm assault is John Taylor’s 1989 New York Magazine article, “Holier than Thou,” which is perhaps singularly responsible for making it mandatory for any mention of The Journalist and the Murderer to include its infamous opening line: “Every journalist who is not too stupid or too full of himself to notice what is going on knows that what he does is morally indefensible.” Taylor excoriated Malcolm for betraying McGinniss as a subject, dredged up the Masson claims, and claimed that Malcolm used Masson much as McGinniss had used MacDonald. It does not occur to Taylor that Malcolm herself may be thoroughly familiar with what went down and that the two lengthy articles which became The Journalist and the Murderer might indeed be an attempt to reckon with the events that caused the fracas:

Madame Bovary, c’est moi,” Flaubert said of his famous character. The characters of nonfiction, no less than those of fiction, derive from the writer’s most idiosyncratic desires and deepest anxieties; they are what the writer wishes he was and worries that he is. Masson, c’est moi.

Similarly, Evan Hughes had difficulty grappling with this idea, caviling over the “bizarre stance” of Malcolm not wanting to be “oppressed by the mountain of documents that formed in my office.” He falsely infers that Malcolm has claimed that “it is pointless to learn the facts to try to get to the bottom of a crime,” not parsing Malcolm’s clear distinction between evidence and the journalist’s ineluctable need to realize characters on the page. No matter how faithfully the journalist sticks with the facts, a journalistic subject becomes a character because the narrative exigencies demand it. Errol Morris can find Malcolm’s stance “disturbing and problematic” as much as he likes, but he is the one who violated the journalistic taboo of paying subjects for his 2008 film, Standard Operating Procedure, without full disclosure. One of Morris’s documentary subjects, Joyce McKinney, claimed that she was tricked into giving an interview for what became Tabloid, alleging that one of Morris’s co-producers broke into her home with a release form. Years before Morris proved triumphant in an appellate court, he tweeted:

The notion of something “unvarnished” attached to a personal account may have originated with Shakespeare:

And therefore little shall I grace my cause
In speaking for myself. Yet, by your gracious patience,
I will a round unvarnished tale deliver
Of my whole course of love. What drugs, what charms,
What conjuration and what mighty magic—
For such proceeding I am charged withal—
I won his daughter.
Othello, Act 1, Scene 3

Othello hoped that in telling “a round unvarnished tale,” he would be able to come clean with Brabantio over why he had eloped with the senator’s daughter Desdemona. He wishes to be straightforward. It’s an extremely honorable and heartfelt gesture that has us very much believing in Othello’s eloquence. Othello was very lucky not to be speaking with a journalist, who surely would have used his words against him.

Next Up: Truman Capote’s In Cold Blood!

Too Illegit to Quit?

marty.jpgPopMatters reviews Martin Amis’s Yellow Dog and berates Tibor Fischer for jumping the embargo. Meanwhile, Edward Guthmann interviews Amis in the San Francisco Chronicle, scoring a silly Keith Richards photographic homage and utterly strange description: “His voice is deep and rich, seasoned by a lifetime of smoking — imagine Ronald Colman or Jeremy Irons, only rougher. His mouth, often compared to Mick Jagger’s, is full and voluptuous and, even in repose, suggests an incipient snarl.”

The New York Times offers their Notable Books of 2003 list. (user: dr_mabuse, pw: mabuse)

Record label Murder, Inc. shall henceforth be known as “the Inc.” I haven’t seen anything this silly and squeaky-clean hit the hip-hop world since M.C. Hammer shortened his name to “Hammer” — an eleventh-hour career move to appear edgier.

Dark Shadows AOL IM Icons: Granted, this 1960s soap opera, now available on DVD, is an inexplicable form of crack cocaine, despite pillaging every known story in the classical horor canon. But who knew that people would get this obsessive?

And it appears that those sharp minds at the National Institute of Standards and Technology have decided to ask the dead for help in their September 11 investigations. What next? Enlisting an Ouija board for first-hand testimony? (via MeFi)

[3/16/14 UPDATE: As I fix the linkrot, there are a few surprises. The Dark Shadows buddy icons page isn’t a dead link! When this blog post appeared, people communicated through instant messaging. Twitter, Facebook, and smartphones didn’t yet exist. Back in San Francisco, I was acquainted with quite a number of tech innovators who have since become millionaires (and have forgotten me). But I remember encouraging many of them by IM. Today, any avatar you upload will be automatically resized. But in 2004, you had to resize it yourself using Photoshop or Paint Shop Pro. Deirdre Day-MacLeod’s Yellow Dog review has been removed from PopMatters. But I’ve found it and added a link to Fischer’s review. I’m also pleased to report that Ms. Day-MacLeod lives online here. The LiveJournal entry that I linked to is password protected through Web Archive, and I cannot find the original Metafilter thread. The Martin Amis photo is by Katy Raddatz.]