freely and conduct abortions without fear of arrest.
Stoker became aware of the activities of the abortion ring when he was approached by a retired LAPD lieutenant, now an inspector for the California State Medical Board, who informed him he had heard about Stoker's good work and ability, admired his courage, and needed to talk to him. In checking out the inspector's reputation, Stoker learned that he had a solid reputation for honesty and would not connive, play ball, or cut corners.
The investigator told Stoker that he and others in his unit believed that members of LAPD's Gangster Squad, the unit responsible for making the arrests on the referrals from the medical board investigators, were protecting the abortionists, either by informing the medical doctors that they were under investigation, or if an arrest was actually made, smothering it before any charges could be formally filed with the DA. This occurred only in the cases of those doctors suspected of being within the ring of protection of the Gangster Squad detectives. All others — non-M.D.s, midwives, and chiropractors — were arrested and successfully prosecuted.
The inspector told Stoker that the suspected leader of the abortion ring was a Dr. Audrain, whose office was located in downtown Los Angeles at 6th and St. Paul. The investigators had an informant who had received an abortion from Dr. Audrain, and they wanted Stoker to conduct an undercover operation, using a policewoman as an operative. Stoker was informed that the medical board investigators' supervisor, who was also on the take, was on vacation; with him away, it was unlikely the LAPD Gangster Squad would receive word about the planned investigation and forewarn Dr. Audrain. The medical board inspectors asked Stoker to investigate the doctor in secret, which would circumvent the standard operating procedure of notifying the Gangster Squad detectives.
Stoker went to Lieutenant Ed Blair, his vice-supervisor, told him what he wanted to do, and explained that he had learned that the state investigators had requested his assistance because they suspected the Gangster Squad detectives of taking payoffs and protecting doctors performing illegal abortions. Lieutenant Blair, recognizing that the operation was far afield of Stoker's normal assignment as a vice squad officer, still approved Stoker's request, but ordered him to 'take it easy and keep me out of it.'
A policewoman posing as a 'girl in trouble' made an appointment at Dr. Audrain's office, located at 1052 West 6th Street. She was examined and told by the nurse the 'test came back positive for pregnancy.1An appointment was scheduled late the following week. The policewoman was advised to bring $250 in cash and return to the office at 7:30 in the morning the day of the operation. Normal abortionist working hours were from midnight until 9:00 A.M.
The day before the scheduled appointment, Stoker was contacted by the medical board investigators, who were, in Stoker's words, 'down in the mouth.' They advised him that their supervisor had returned from his scheduled vacation early, and they were left with no choice but to inform him of Stoker's pending investigation. Although their supervisor had told them to go forward with the plan, they were sure he would warn the Gangster Squad, who would in turn warn the doctor.
Ever confident and optimistic, Stoker decided to go ahead with the plan anyway, and the following morning the policewoman, backed up by Stoker and his partner, Officer Ruggles, went to Audrain's office. The state investigators had surmised correctly. The doctor had indeed been tipped off; the office was locked tight and remained closed for a full week following the anticipated arrest. The investigation having ended in failure, Stoker returned to his normal duties, putting the abortion ring concerns out of his mind.
In the spring of 1949, the subject of this protected abortion ring resurfaced. This time, the same medical board inspector approached Stoker with a new case, involving a female M.D. (her name was never revealed by Stoker) believed to be connected with the abortion ring, who was performing abortions to well-recommended customers out of her expensive office in the movie colony district on Ventura Boulevard in Sherman Oaks.
The state investigators had obtained the name of one of the doctor's former clients, which they could use as an entree and reference. This time they asked Stoker to operate on his own, without involving their office, which would obviate the necessity of their having to inform their supervisor, thus effectively bypassing LAPD Homicide and its Gangster Squad.
Stoker agreed, and the same undercover policewoman who had attempted to obtain the abortion at Dr. Audrain's office again posed as a pregnant woman seeking help. She met the woman doctor at her office, who informed her that 'she was not doing abortions as she could not find a dependable assistant.' The doctor said she would personally contact another doctor who would perform the abortion. The policewoman was advised to call back the following morning and the doctor would provide the other doctor's name. The following morning, the woman doctor told the undercover policewoman that she had spoken with another doctor, Eric Kirk, who had agreed to perform the abortion. She gave her Kirk's phone number.
Sergeant Stoker immediately contacted the state medical investigator, who told him that while Eric Kirk was a suspected abortionist, he was a chiropractor, therefore not a member of the ring. A decision was made to proceed anyway, to see if an arrest could be made on Kirk.
The policewoman made an appointment, was examined at Kirk's office on Riverside Drive in the North Hollywood area, was again, per standard operating procedure, found to be pregnant, and was given an appointment for an abortion for the following Saturday. She was again advised to bring $250 in cash. I checked the 1949 Los Angeles telephone directory for a listing of chiropractors and found Eric Kirk's office listed at that time at 2157 Riverside Drive. In the same directory, Kirk advertised his specialty as 'Obstetrics and Gynecology.'
On the day of the scheduled appointment, the cash was marked and the policewoman was driven to Kirk's office by Stoker and Officer Ruggles, where they maintained surveillance a block away. The policewoman entered the office and within five minutes exited the front door and was observed to enter a large sedan that had pulled up in front of the office. Stoker and Ruggles, on foot and out of their unmarked police car, ran back to it and quickly searched the area for the sedan, but could not locate it. Now fearful for the policewoman's safety, they entered the office and found a receptionist inside. Initially, the woman denied any knowledge of the appointment with a pregnant woman seeking an abortion, but when confronted with arrest as an accessory, she identified herself as Eric Kirk's wife, breaking into tears. 'I knew it, ' she said. 'He's done it again. I hope you catch the son-of-a-bitch and send him to jail for life!'
Stoker contacted his vice unit, reported the police officer missing, and put out a broadcast for all units to be on the lookout for the vehicle and the missing policewoman. At that point, the policewoman walked into the medical office accompanied by Dr. Eric Kirk, who, upon learning that his patient was an undercover police officer, related the following story to Sergeant Stoker, Officer Ruggles, and the policewoman.
Two days after he had scheduled the appointment with the policewoman, Kirk said, two officers from LAPD Gangster Squad came to his office and arrested him for soliciting abortions. Stoker asked Kirk to identify the detectives and he complied. In his book, Stoker referred to them as 'Detectives Joe Small and Bill Ball' — not their real names.
Since Dr. Kirk had not completed a solicitation for abortion with Stoker and the policewoman, Stoker lacked enough reasonable cause to make an arrest and was therefore forced to call the Gangster Squad detectives and inform them of the circumstances. Stoker contacted the two detectives and advised them of his own investigation and what had transpired that morning. He was told by them to 'keep his nose out of their business and stop conducting unauthorized abortion investigations.'
