Nite Nite Jackie O

- 1 -

She wouldn't know that while she slept, he was coming back into her life. It had be nearly fifteen years since she had seen him last. Then she was just a child in his eyes, only fourteen, whom he called "the Brat". God, how she adored him back then, but he treated her as the kid sister he never had.

She could still feel the ache in her heart whenever she thought of the missed opportunities. Falling asleep on his shoulder on the bus home from away games. He would always buy her a soft drink and a snack to go with her meager sack lunch, doing it in such a way as to never embarrass her. On those long rides, he would save her a seat in the Varsity section. Me, Jacqueline O'Donnell, a freshman from the poor side of town, riding with David Heath, whose family was well off and lived in a fine home with a live-in maid.

But as she slumbers into her unconsciousness, she could still hear him saying to her as he would drop her off at the rented house amongst the junk bikes scattered around the grass barren yard, "Nite, Nite, Jackie O". He only called her that when they were alone. Otherwise it was Brat, or Kid, or if the occasion required formality, Miss O'Donnell.

- 2 -

"Nite, Nite, Jackie O". The words in her dreams woke her with a start. Suddenly remembering the horrors of that late May day that that phrase represented. That was the last thing she remembered before groggily waking, skirt torn off, her panties down past her knees, blouse ripped open and bra askew. She felt a dried stickiness between her legs. What had happened?

"Mama", she cried out. "Mama, help me" she sobbed running from side yard into the house. The next hours were a blur. To the doctor's office, the police shouting several questions it seemed all at once. "What happened?" "Who did this?" But the question that kept coming back over and over was "What is the last thing you remember?"

"Nite, Nite, Jackie O", the words kept coming back to her, but it couldn't be. He would never do this. Not to her. Or any anyone else. He was always so caring and gentle to her. But all she remembered was "Nite, Nite, Jackie O". With the police matron by her side, the detective patiently got her story. Yes, she sat with David on the bus ride coming home. Did she eat or drink anything? No, wait, He gave her a soda, tasted funny, stale, or? Yes, she fell asleep on his shoulder, like always. Yes, he drove her home to the house at the dead end of the street. "And then?" the detective asked. "I, I went down the walk and then I, ..I ...woke up in the yard."

- 3 -

The assault on Jacqueline O'Donnell was the biggest news story the small western Oregon town of Williston had seen in several years. Although her name was not mentioned in the story, word quickly spread that the "Unnamed local teen assaulted" in the headline was Jacqueline. It was, after all, a small town. Speculation raged as to who the perpetrator had been. Was it someone local or a stranger passing through town?

Police weren't saying but it was later leaked to the press that there were 2 main suspects. David Heath, who had been the last known person with Miss O'Donnell, and Russell Willis, Jr., scion of the towns founding and most prominent family, whose car had been seen in the area. Willis, 24, had a reputation about town, of being a spoilt, rich, bad boy. In contrast, David, a high school Senior Honor student. Both were sought for questioning. David was interviewed upon his return from what he said was a planned trip in the woods. Russell couldn't be located. Two days later came the twin bombshells. David Heath was arrested in connection with the attempted rape of Jacqueline O'Donnell and Russell Willis's car had been found, an abandoned wreck at the bottom of Martha's Creek Road, near Willis Lumber Company's main logging pond.

-4-

In her heart, she just couldn't believe that David had done this. He was always laughing, joking around and would tease her, but...never this. Day after day, an assistant district attorney would come to the house to ask the same questions over and over. Did he ever try to fondle you or hold you in an inappropriate way? Did he give you alcohol or any drugs? No, no, no, she would say. But when it came to "What is the last thing you remember?"' "Nite, Nite, Jackie O" was the only thing she could remember. There wasn't much other evidence to be found. Tire tracks from the unpaved street matched David's car, but he was always there. A few drops of fresh blood, A+, had been found a few feet from where she woke that terrible day. David had A+ blood the police had said.

The neighbors had been interviewed; with little information other than some saying they thought they had heard a car backfire or something. As far as the Police and the District Attorney's Office were concerned, David was a rapist of young women. They stopped coming to Jacqueline's house, saying that they would see her when the case came up for trial.

- 5 -

The other mystery that summer was what had happened to Russell Willis, Jr. His car was found with no trace of him. The County Sheriff's Department led volunteer search and rescue teams for nearly a week. Russell's dad, "Ole Bull Willis", shut down his entire logging and mill operations, instead paying all his workers to participate in the search, one way or the other, even if only manning the phones to handle any tips that might come in. With a $50,000 reward for Russell's safe return, and lesser amounts for information, the small community of Williston thought of nothing else that last week of May and all of June before all efforts ground to a halt in early July.

- 6 -

In October, as the trial of David Heath was nearing; Jacqueline was again interviewed by Marla Colbert, the Assistant District Attorney in charge of the prosecution. She explained how the court procedure would work, taking special care guiding her through the testimony process. She also cautioned Jacqueline that the Defense Team would try to confuse and browbeat her into tripping her up. She especially warned her that noted Defense Attorney, John Morgan, had a reputation for crucifying witnesses on cross-examination. Her testimony was crucial to the case, without it, there was no case. She had told Ms. Colbert, "Please don't expect much and don't blame me if... if I break down. I'm not that strong on my own."

Jacqueline was torn between her suppressed feelings for David and her duty to her family and community. She was waiting in the witness waiting room, nervous, but prepared. It would soon be over. She could hear the Bailiff's muffled call of her name; she stood, took a deep breath and started through the door.

- 7 -

"No-o-o", a strangled scream rang out ahead in the courtroom. The door hastily slammed in Jacqueline's face, preventing her from entering. She heard more shouts, some gasps and finally cheering. She was puzzled, what had happened. She tried to enter once more, but the door was locked. After what seemed an eternity, Marla Colbert stepped into the room, a solemn grin on her face, and quietly said, "It's over, he plead guilty."

End of Part One

Interlude

David M. Heath plead guilty to Sexual Assault and Attempted Rape of a minor. Under sentencing guidelines in place at that time in the State of Oregon, he was ordered to serve terms of 25 and 15 years to be served concurrently at the Oregon State Penitentiary.

Part Two

- 8 -

He could still see her in his mind's eye, long raven black hair, blue eyes with always a glint of mischief in them and those tight perky lips. That is how he remembered the 'Brat' as he called her. But it was a spoken façade. What he wanted to call her but couldn't, had been Darling Jacqueline.

He recalled the first time he had really noticed her. She was dripping wet from the sudden rain storm, like a waif in a Chaplin film. He had known of her for years, of course, everyone knew everybody in a small town. But other than an occasional word here and there, she was not in his sphere of acquaintances.

It was on the bus ride coming home from an away football game his senior year. He wasn't a player; a previous knee injury prevented that. He was in the Pep Band, popular with his peers and was respected by the people that mattered.

"Can I sit here?" she asked in a trembling voice. As a senior, he was entitled to sit alone if he wished. Most seniors did, keeping the aisle seats open to facilitate row hopping chats with others. Looking up, he glanced around the dark rear area of the bus, shifted his backpack and said "Sure, take a load off." As she sat down, she splattered him with droplets of water seeping from her hair. "Sorry", she squeaked. "Here, take this" he replied as he grabbed a small towel from his bag.

As she dried her hair, she snuck glances at him, suddenly startled to see him staring in a way she couldn't determine was good or bad. After a few minutes, he quietly asked, "You're Billy O'Donnell's kid sister, right?" "One of them, I'm Jacqueline" "Hi, I'm David Heath" "I know, we're in the band together" He replied with a laugh, "I knew that, but you play woodwind, I'm brass and never the twain shall meet."

- 9 -

They talked more that ride, an occasional conversation between his chats with others on the bus. It seemed that every upperclassman stopped by at some point. Gradually, as things settled down, she took a sandwich from its baggie and started chewing. "Would you like a soda?" he asked, thrusting a slightly cool can into her hand before she could refuse. "I always carry extras, along with all my other crap; you never know what you need."

That first ride, like all the rides that followed, ended with her falling asleep on his shoulder. As some point, probably when the bus went over some train tracks, she woke up, horrified to discover her gaff. "It's OK, Kid" He whispered in a voice only she could hear, "Lay your head back down and rest"

The following week, another away game, was just leaving the school's parking lot. She was sitting with the other underclassmen in front, when a voice rang out, "Hey Brat, get yer butt back here." She turn to look along with her seatmate and saw David standing up and pointing, "Come on Kid" With her cheeks reddening, she rose, and made her way to the seat without daring to glance at the other students.

- 10 -

From that time on, they sat together on all the bus, gradually becoming 'a couple'. He always brought extra sodas, later on snacks to supplement her sandwich. Now at the games, home or away, during halftime he would come back with her favorite soda and popcorn or pretzels.

At school, he walked her to class, shared his locker, and continued to provide her with soda and a snack. Soon, after asking her mother, he started driving her home, at first after the bus trips, later every day from school. But though she would not have minded, in fact she would have welcomed his attention, his never did anything more than a goodnight kiss on her forehead when he dropped her off at home, always saying, "Nite, Nite, Jackie O".

- 11 -

His last happy memory was the night before the assault on Jacqueline O'Donnell. That evening, dropping her off, he had planned on more than his usual "Nite, Nite, Jackie O". He was going to tell her his true feelings and hoped to conclude with a tender embrace and a goodnight kiss, not a peck on the forehead.

But as he pulled up to her house, he noticed she seemed off, sluggish or sick. His feelings dampened and left instead of going through with thought of passion.

The next day, after rising early, going to the woods to sight in his favorite hunting rifle, a .30-06 Remington, he arrived home to a police car in the drive way. Apprehensively, he parked, put the rifle in the shed out back and went in the house to see two officers waiting. Agreeing to accompany them to the small town's Police Department, he sat pensively in the patrol car's back seat. Arriving a scant few minutes later, he was ushered into the interview room, where stood a Detective from the County Sheriff's Office. The questions relentless, the photos graphic, he maintained his innocence, his story consistent, if evasive. Four hours later he was allowed to go home. The next day came more questioning, the day after, something he could have never imagined; he was arrested for the attempted rape of Jacqueline O'Donnell. From that day forward, until his trial, he never spoke another word on the subject, not even to his attorney, John Morgan, other to say "I would never hurt Jacqueline, I didn't do it." He wouldn't explain his whereabouts or offer any alibi.

At his trial, he showed indifference to the proceedings around him until the moment when the prosecutor rose to call the States first witness and his lawyer leaned to him and said, "Don't worry, when I get the O'Donnell girl on Cross, I'll destroy her." He numbly heard himself choke out as he heard the bailiff call out "Miss Jacqueline O'Donnell, Miss O'Donnell to the stand.", "No-o-o", "No-o-o", he moaned, quickly telling Mr. Morgan, "Stop this NOW, I plead guilty."

End of Part Two

Interlude

Almost fifteen years to the day of the assault of Jacqueline O'Donnell, the skeletal remains of a body was found in the tailings of the now defunct Willis Lumber Company's old mill pond near Martha's Creek Road. They were later confirmed to be that of the long-missing Russell Willis, Jr., tentatively from fragments of an old Letterman's Jacket and class ring, later through DNA testing. From those results, which were placed in the State of Oregon's DNA Crime Database, it was determined to be a match to evidence collected from the attempted rape of Jacqueline O'Donnell. David M. Heath was exonerated of all crimes, pardoned and released from prison.

Part Three

- 12 -

On the December day eight years ago when she had finally turned 21, she made the two hour drive to the State Penitentiary, to see David on a visitor's pass. He refused to see her, but she never gave up, going there fruitlessly every month since. She had faired no better than the letters she had sent since turning 18, always returned unopened bearing the cancel "Refused by Inmate".

Upon learning of the discovery of the long missing Russell Willis' body, and subsequent DNA findings, Jacqueline had organized a campaign to have David exonerated and released from prison. But now she was determined that nothing would stand in the way. Enlisting the help of friends, she wrote letters to officials, newspapers, and innocence advocates statewide. Her petitions labeled "Free David Heath" garnered over 40,000 signatures.

Finally, a small dedicated team of recent law students, newly admitted the Oregon State Bar, took up the cause. The process took some time to complete the requisite legal hurdles; soon David's release date was set.

She was anxious the evening before his release. This time she would take the initiative, so more missed opportunities. It was like she was a teenager again, getting ready for the prom that she had never attended. Loud knocking on her motel room door disturbed her thoughts. One of the team of young lawyers brought the news. "Mr. Heath still refuses to see you. He was just released from prison and whisked away by another of our team. I'm sorry Miss O'Donnell; I am bound by privilege not to reveal the destination."

- 13 -

Jacqueline was devastated. All of her hard work and now she wasn't allowed her victory. Suddenly she felt the realization of her selfishness. Why would he want to see her? He had spent nearly fifteen years in prison because of her. What had she been thinking? He owed her nothing but bitterness. Sadly, she packed her bag, check out, and drove silently back to Williston. Upon arriving home, she ignored everything around here, going straight to bed. As sleep overtook her, in her mind she wished to hear, one last time, the phrase that had brought her both so much joy and sadness, "Nite, Nite, Jackie O".

End of Part Three

Interlude

The investigation into the death of Russell Willis, Jr. moved slowly. Although identification and cause of death had been fairly straightforward, the actual means to the death was more problematic. The location of where the remains had been found was ruled out as the actual crime scene, meaning that the true site would probably never be discovered.

Of physical evidence, there was an abundance, that being the problem. Martha's Creek mill pond had been a favorite site for almost 40 years for target shooting. It was a convenient place for hunters to sight in their rifles, a flat range located back of the pond, by the bank of tailings. While it was highly suspected that the spent .30-06 slug found nearest the skull, there had been several slugs of various calibers and age in the vicinity. Test had proven inconclusive, the active investigation ended with a coroner's ruling of "Death by Persons Unknown, Probable Homicide."

Part Four

- 14 -

Fifteen years weighed heavily in his thoughts and showed in his sallow face. It was the prison pallor of a long time inmate of solitary. At times he regretted his decision in court, but knew it was correct. He would have never forgiven himself of putting young Jacqueline O'Donnell through the ordeal of the testimony and subsequent cross examination.

In the hard years that followed, his heart ached when he had thoughts of her, but eventually they diminished. When the letters came, it took all of his resolve not to open and devour them, but he knew it was for the best, to let her get on with a life she could enjoy. He had done what he could to help her achieve that, arranging a job though his widowed mother and anonymous scholarship money after graduation. Later, when requests for a visit came to him, he nearly broke, but remained firm. He resolved no contact until the circumstances of his actions had changed.

News of the discovery of Russell Willis' remains shocked him, but after reflection, didn't surprise him. He had heard of the old mills closing years ago, but was mortified to hear of new development and construction which led to the bodies unearthing.

In the weeks that followed, he was curious, but indifferent to any news of the case. Then one morning he was ordered into the attorney visiting room not really understanding what it could mean to him. "Mr. Heath," the fresh faced man said, "I'm Bill Johnrue, one of a team of lawyers belonging to a group called the Innocence & Justice in Oregon Project." "Your case has been brought to our attention, and with you permission, we would like to represent you" Stunned, he listened as the process was explained to him, signed a multitude of forms and was returned to his cell with what seemed like a mountain of legalese papers to study.

- 15 -

The time it took to gain his pardon and release was relatively short, occurring within three weeks. But, with the final day rapidly approaching, he was apprehensive. What would happen next? After his mother had died, two years earlier, as her sole heir, he had the estate keep their family home. He asked one of Mr. Johnrue's associates to arrange for the opening of the house, utilities turned back on, and his old car serviced and ready to go.

Luckily, thanks to the funds left by his mother, money wasn't a pressing issue. His family had been reasonably well off and the income from investments would give him a modest living, with no outstanding debts. He had inquired as to the legal team's expenses, but had been assured that they were not his worry.

Finally, the day before his scheduled release, he met with Mr. Johnrue, explaining he wanted to just simply leave, no press, no party, just quietly leaving with no fuss. He still would not agree to see Miss. O'Donnell, giving no reason, but was adamant. Later, in early evening, he was released and quietly journeyed back to his home, free, but for how long.