When Helen finished telling Detective Costa her version of the Polk saga, she fell silent. She had provided a myriad of details that clarified some of the history behind Susan and Felix’s marriage, but her role in the case was only beginning. After hanging up the phone, she headed for her beat-up blue sedan as she prepared to make the drive to Orinda.
Chapter Fifteen
INCITING EVENTS
On Thursday, October 17, a day after Helen spoke to Detective Costa, Susan sat quietly in the holding cell of the Martinez jail, waiting for officers to escort her to the Walnut Creek Courthouse where she would be formally charged with Felix’s murder. She barely looked up when a uniformed guard unlocked the cell door and admitted a conservatively dressed man.
“I am Dr. Paul Berg,” the man smiled, extending a hand to Susan.
Dr. Berg had been sent to the jail by Contra Costa County prosecutors to form an opinion of Susan’s mental state before the scheduled 2 PM arraignment. At first Susan was compliant, listening intently as the Oakland psychologist explained the psychological evaluation. Even when he informed her that their conversation would not be confidential and his findings would be used in court, Susan agreed to cooperate. “However, she very quickly changed her mind, asking a number of relevant questions, before declining to speak further,” Dr. Berg reported without revealing her concerns.
Obviously, Susan had a firm grasp on the magnitude of her situation. Emerging from the room, the psychologist advised Detective Costa that Susan halted the interview. Still, Dr. Berg said he was able to form an opinion on the suspect. He believed Susan was “sane” and asked “appropriate questions” for a “person in her position”—a person under arrest for murder.
In a confidential letter to Assistant District Attorney (ADA) Tom O’Connor four days later, Dr. Berg reiterated his findings, writing “my observations…were that she was calm, composed, mildly withdrawn, and quite serious-minded. She did not show any obvious signs of mental disturbance, particularly none of any loss of contact with reality or other signs of a Thought Disorder.”
That afternoon, Susan was brought before a judge as scheduled. Handcuffs encircled her thin wrists as she was led to the defendant’s table flanked by armed court officers. She possessed an air of elegance, even when wearing the prison-issue gray sweatshirt and baggy blue slacks. Her short hair was neatly combed and a touch of lipstick defined her lips.
Susan’s voice was barely audible as she stood before Contra Costa County Superior Court Judge Bruce Mills and announced her need for a public defender. There was a sudden interruption from a well-dressed man standing in the gallery.
“Your honor,” the man addressed the judge.
Recognizing the voice immediately, Susan broke into sobs. It was her father, Theodore Bolling. He had come to court to request an adjournment. He had retained a prominent San Francisco attorney, William Osterhoudt, to defend his daughter and wanted the case postponed until the new lawyer could be present in court. Susan stood speechless, tears rolling down her cheeks, as her father addressed the court. Judge Mills agreed to adjourn the case until 1:30 the following afternoon.
Rising to his feet, the prosecutor in the case, ADA Tom O’Connor asked the judge to raise Susan’s bail from the standard $1,050,000 for murder defendants to upwards of $5 million.
“This was an extremely violent murder,” O’Connor said. “The defendant owns substantial property in Orinda as well as in Berkeley. We also know that prior to the homicide, Mrs. Polk had been living out of state.”
O’Connor argued that Susan had substantial financial assets at her disposal and was a flight risk, as well as a danger to the community—especially to her son, Gabriel, who discovered his father’s body in the guesthouse.
Turning to Theodore Bolling, Judge Mills inquired as to whether his daughter would be able to post bail in the next twenty-four hours.
“There is no chance, your honor,” Susan’s tall, dark-haired father replied.
Mills ordered that a bail hearing be scheduled along with the Friday afternoon arraignment.
The following afternoon, Susan was back in court with defense attorney William Osterhoudt by her side. Helen and David Bolling listened from the gallery as another judge, Merle Eaton, explained his decision to hold Susan without bail. He cited the letter Susan had written to juvenile judge, William Kolin, on behalf of her son Eli, noting that it contained threats to “sell her home” and “leave the state.”
Osterhoudt tried to argue that Felix’s death would make it difficult for his client to borrow money against their real estate holdings, but Judge Eaton was unmoved. He maintained that the letter introduced to the court by ADA O’Connor was convincing and set a hearing for 1:30 PM the following Wednesday to revisit the bail issue.
Ultimately, Susan chose not to keep Osterhoudt as her attorney, reportedly because of his association with her father. Though a public defender, Elizabeth Grossman, was later assigned to Susan’s case, she too would be dismissed by Susan. While Susan claimed that Grossman was not doing enough on her behalf, those close to the case suggested her dismissal occurred after Grossman pushed Susan to present an insanity defense at trial.
Regardless of who represented her, Susan faced twenty-five years to life in prison if convicted of Felix’s murder. Prosecutors would not seek the death penalty, but that decision did not make the defense any easier.
That afternoon, as Susan was being led from court in handcuffs, Detective Costa and his team were in Berkeley executing a search warrant at 3001 Dana Street, Felix Polk’s office. The building’s owner, Justin Simon, used a passkey to gain entry to the tastefully furnished space, complete with a working fireplace on one wall.
Mindful to avoid any patient mental health records, the investigators began their examination. They believed a review of Felix’s private records, documents, writings, and files pertaining to his treatment of his wife might reveal evidence of their marital problems, past abuse by either party, and any prior threats that might offer a motive in the case. Investigators noted a computer connection and computer mouse on the desk indicating that Dr. Polk used a laptop, but there was no machine in the office.
Leafing through a pile of papers on the desk, investigators came upon a fax copy of the court order granting Felix sole occupancy of the Miner Road residence and custody of Gabriel. There was also a copy of the minutes of the telephone conference that occurred on September 27, 2002, that resulted in the court order. Susan mentioned that call to Detective Costa at headquarters, claiming that during the conversation Felix informed her that he intended to hold a custody hearing in her absence.
Costa collected the documents, as well as other legal papers scattered on the desk. Among them was an unsigned contract granting a lien on the Miner Road residence in the sum of thirty thousand dollars from Felix’s portion of the proceeds to Felix’s divorce attorney, Steve Landes. There was also a letter from Landes asking that Felix bring his legal account current. Felix had not made a payment to his attorney in over eighteen months, and Landes was getting anxious. Costa, who had spoken to Landes on the phone earlier in the day, was familiar with the payment problems. According to Landes, Felix first retained him in April of 2001, but payments were always late for one reason or another. The Polks had just sold an apartment building in Piedmont and each had received $226,000 from the sale. While Dr. Polk had immediately invested his share in another property, the lawyer believed Susan still had her portion. Landes wasn’t aware of any physical violence between Felix and Susan. As far as he knew, Felix and Susan had been staying away from each other; although Felix had mentioned one incident that occurred before Landes came on board as counsel in which Susan kicked Felix in the back.
Landes last spoke to Felix by phone on October 11, the Friday before he was murdered. At the time, Felix was upset that Susan was refusing to vacate the Miner Road house. He claimed that police were unwilling to enforce the court order granting him sole occupancy of the residence and full custody of his teenage son. As with the other calls that Felix made in the days before his death, he expressed to Landes his fear that Susan might harm him. Landes advised Felix to “simply get away from there” because he was “so afraid of his wife,” Costa learned.
During the phone call with Costa, Landes made no mention of Felix’s grossly overdue legal bill or the lien he
