|
Return to Magazine Features
GIVE THEM ENOUGH ROPE
By
Shawn Blore

|
"
Do I know what I've done?... Yes, I know
quite well what I've done. I have committed
murder. I have committed passionless,
motiveless,
faultless and clueless murder. I have
killed
for the sake of danger and for the
sake of
killing."
. . . . . . . . . . . . .From the play
Rope, by Patrick Hamilton.
"The privilege of committing murder
should be reserved to those few who
truly
are superior individuals."
. . . . . . . . . . . . . . . From
the movie
Rope, by Alfred Hitchcock.
.
GLEN SEBASTIAN BURNS WAS A SUPERIOR individual.
Superior intelligence, demonstrated
by a
straight-A average. With his superior
looks
and confidence, he starred in the school
production of the play Rope. Superior
friends.
If anything, Atif Rafay was possessed
of
an intelligence even keener than Burns's.
Among the top 10 high-school students
in
all of Canada, Rafay graduated with
marks
in the high 90s and was awarded a full
scholarship
to ivy-league Cornell. A superior mind.
The two shared their friendship with
one
other student at West Vancouver Secondary:
Jimmy Miyoshi. Miyoshi's brilliance
was perhaps
less in himself than in the company
he kept.
He was the mirror from which the dazzling
light of his companions could reflect:
Crito
to Rafay's Socrates, Patroclus to Burns's
Achilles. The joe-boy, police later
called
him.
By their intellect and their achievements,
Burns and Rafay ranked among the elite.
Loneliness
is ever the burden of the few. Miyoshi
appears
to have been their only other friend.
Not
even women came between them. Girls,
said
Burns, interfered with their unique
relationship.
Arrogance is another prerogative of
the superior
few. Burns and Rafay certainly had
more than
their share of contempt for the mediocre
rich kids who were their peers and
the middle-aged
time-servers who were their teachers.
In
his high-school yearbook, Rafay described
his feelings in flowery prose: "Hearing
the cries of the plebes below, Atif
descended
through the clouds driven by a compassionate
impulse, realising all too late that
their
pleas are a cunning trap. The pawns
of WV
defeated Atif Rafay for the last time.
Casting
aside the hollow illusions of his peers,
he gazed bemusedly at the petty struggles
of those around him, and began to laugh-and
would continue to laugh for three years.
When will his laughter cease?'."
Burns's yearbook epistle is equally
instructive:
less flowery, more brutal. "Having
no
tolerance for the labyrinth facades
of the
weak," wrote Burns, "Sebastian
seized every weeping opportunity with
a clenched
fist, and without regard for potential
victims
exploited them in any way that would
yield
laughter."
Laughter; of course, is harmless. The
mediocre
get a great deal of practice brushing
off
sniggers from the elite. But in this
case
the laughter may have grown hysterical,
maniacal.
It may not have stopped, not even short
of
murder.
On the evening of July 12, 1994, two
superior
teenagers went out to a restaurant
in Bellevue,
Washington. Rafay's father, a civil
engineer,
had worked in Seattle since 1992. When
Rafay
graduated from high school, the family
had
sold their North Vancouver home and
reunited
with Rafay's father in a two-storey
house
on a quiet cul-de-sac in the suburban
city
of Bellevue, across Lake Washington
from
Seattle.
Burns was 19, Rafay 18. Rafay was back
visiting
after completing his first year at
Cornell.
Burns had not yet begun university.
He was
considering taking film at UBC. Burns,
in
fact, was a bit of a film critic. Few
films
met with his approval, though he liked
The
Godfather and Scarface.
It was to a film that the pair went
after
supper: The Lion King. Then, the two
say,
they went directly to a nightclub.
Around
2 a.m., they came home.
To a charnel house.
Rafay's father and sister lay in their
beds-he
dead, she dying. Rafay's mother lay
on the
floor of the downstairs rec room. Also
dead.
All three had been bludgeoned to death.
The
VCR was missing, drawers were open,
papers
strewn about the floor. A botched B
&
E, perhaps.
The Bellevue police arrived and set
to work,
dusting for prints, collecting hair
and fibre
samples, looking for DNA in places
it didn't
belong, even removing doorknobs and
putting
them in little plastic bags. Among
the samples
they collected were human hairs from
the
drainpipe of the downstairs shower.
No charges were laid. Burns and Rafay's
alibi
checked out. They had been seen and
remembered
at the restaurant, cinema and club.
They
knew how the movie ended. The police
put
them up in a hotel for a few days,
after
which the pair left for Burns's North
Vancouver
home. Bellevue police did not try to
hold
them. They were not suspects, merely
"persons
of importance."
On July 20, 1994, a small notice appeared
in the Seattle Times. Bellevue police,
it
read, would like to talk to anyone
who saw
the late show of The Lion King at the
Factoria
cinema on July 12. Purely routine.
Except that Bellevue police had decided
there
was something fishy about the break-in
scenario.
No money or jewellery had been taken.
There
were no signs of forced entry. The
police
decided they had a few more questions
for
Messrs. Burns and Rafay. In fact, they
wanted
a DNA sample from them both. If either
set
foot over the border, they could expect
to
be taken into custody.
So Burns and Rafay chose to avoid the
U.S.
of A. They also declined to provide
DNA samples.
At any time, of course, American authorities
could have charged the pair and sought
their
extradition. But before a Canadian
citizen
can be extradited, a Canadian judge
has to
see enough evidence to convince him
that
there is a pretty solid case. All the
Bellevue
cops really had were three corpses,
some
strands of hair and their suspicions.
Burns
and Rafay had Canadian passports and
their
freedom.
Stalemate.
April 11, 1995.5:45 p.m. Nine months
after
the murders. Sebastian Burns steps
out of
Crimpers Hair Fashions on West Georgia.
At
$35 for a shampoo and style, Crimpers
is
not the place for a cut-rate blow-dry,
but
Burns likes to keep himself looking
good.
He's dressed casually: jeans, long
blue shirt
unbuttoned over top of a T-shirt. Low-cut
cowboy boots. He's slim, dark, about
5-11,
good-looking. He heads to the parking
lot
where he has left his car.
As he goes to pay, Burns is approached
by
a man in a bright-yellow dress shirt,
with
a goatee and hair past his shoulders.
Hey
buddy, the man says, you know anything
about
breakin' into cars? He has locked his
keys
inside his car, he explains. Burns
and the
man walk over to the car, a black 1995
Trans-Am.
Sure enough, a set of keys dangles
from the
ignition. Burns agrees to drive him
over
to his hotel, where the man has another
set.
They get into Burns's Honda Accord
and drive
toward the Westin Bayshore. The man
introduces
himself as Gary. He doesn't mention
that
he's a cop, RCMP corporal Gary Shinkaruk.
The RCMP have had wiretaps in Burns's
house
for weeks. Knowing he'd be at the hairstylists',
they sent Shinkaruk over. His job is
to make
friends.
At the Bayshore, Shinkaruk offers Burns
a
beer for his trouble. They talk cars
for
a bit; then Burns tells Shinkaruk about
the
film he and his friends plan to make,
a kind
of cultural critique of today's society.
They just need money. Burns reckons
it'll
cost about $200,000 to make. r have
a friend
with money to invest, says Shinkaruk.
Want
to meet him? Sure, says Burns.
Two days later, the evening of April
13,
Sebastian Burns is standing at the
corner
of Capilano Road and Marine Drive looking
out for Shinkaruk's black Trans-Am.
At 7
p.m. Shinkaruk swings by, and they
head off.
Where're we going? asks Burns. Whistler,
says Shinkaruk. Al's waiting.
Al is RCMP corporal Allen Haslert,
a 20-year
veteran of undercover work. Shinkaruk
introduced
the two at a strip bar the night he
and Burns
first met. Film funding wasn't much
discussed,
but Haslett, a middle-aged man with
long
hair, dressed in a bright-green shirt,
black
sports coat and snakeskin cowboy boots,
did
ask Burns if he was interested in making
some money. I'm interested, said Burns.
On the drive up they talk film some
more.
Burns likes Woody Allen. Shinkaruk
asks if
the allegations have been cleared,
refer-ring
to Allen's confused love life. Burns
flinches
and admits to Shinkaruk that U.S. cops
want
his DNA. If he crosses the border he'll
be
roughed up and his DNA will be taken.
 |
Up in Whistler, Burns, Shinkaruk and Haslett
meet round a table at Dusty's pub. Here's
the plan, says Haslett. In the parking garage
under the bank by the Boston Pizza there's
a car, a Crown Victoria. Gary'll break in
and start it. You, Sebastian, will drive
it back to Vancouver. Burns pales. What if
the cops stop me? he asks. Do I run? No,
says Haslett, just follow Gary's car down,
and nothing will happen.
Nothing does. Burns drops the car at the
Bayshore, and the three meet at Fogg 'n'
Suds for the payoff. Haslett gives Burns
$200. Burns is pissed off. Still nervous,
still a little afraid, but very pissed off.
$200, he says, the car is worth at least
$40,000, and you give me $200? I can get
that shoplifting videos.
And another thing, Burns says.
I don't like
finding out what's going down
three minutes
before it happens. It doesn't
matter what
the crime is, I'll do anything
if the price
is right, but I like it to be
well thought
out. Me and my friends, we trust
each other
with our lives. And when we do
something,
all the details are planned out.
Haslett
is unimpressed. When I know you
better, he
says, when I trust you better,
that's when
the payoff will come.
May 6, 1995.7:40 p.m. Burns,
Shinkaruk and
Haslett are in a wired room in
the Four Seasons.
They are counting out money from
a duffel
bag another undercover cop has
dropped off.
They finish tallying up the stacks
of bills:
$250,000. Then they talk. Burns
is comfortable.
On the couch, feet up, he describes
his film
in more detail. It's going to
be a kind of
semi-biographical work, he says,
about criminals
who admit to being criminals.
I have enough
money, Burns explains, so I won't
be needing
your services for the time being.
Though,
he adds, maybe you could blow
up something
for me in the States, or kill
some detectives
there.
I once killed someone, says Shinkaruk.
Haslett
paid $80,000 to set things right.
It's what
I do for guys I trust, Haslett
interjects.
Besides, says Haslett, if anyone
ever jerks
me around, I know how to deal
with it. I've
killed, too. Speaking of which,
he says,
you, Sebastian, haven't been
straight with
me about those murders in Bellevue.
I know
you did it, he says.
Burns simply stares.
|
June 15, 1995.1 p.m. Haslett and Shinkaruk
meet Burns and his friend Jimmy Miyoshi
in
the Royal Scott Hotel in Victoria.
Their
room is wired, but Haslett doesn't
ask about
the murders. Today is a day for building
trust. He has a job for the two. Will
they
help Shinkaruk launder some money?
Sure,
they say. In the phony crime scenario
the
two cops have set up, laundering money
involves
no more than driving around and depositing
eight or nine thousand dollars in cash
into
various banks. Burns is into this.
He brags
a little and jokes around. Hey Gary,
maybe
next time Jimmy and I can do this on
roller
blades? Next day, they deposit cash
in another
five banks. Haslett meets them back
at the
Royal Scott and gives Burns $2,000
for his
trouble.
June 20, 1995.9:21 p.m. Haslett and
Shinkaruk
arrive unannounced at Burns's Philip
Ave.
house in North Vancouver. Burns is
not at
all happy to see them, but Haslett
forces
his way in. He wants to shake Burns
up a
little. He has news, he says. His contact
inside the Bellevue police department
called
saying he had information about the
evidence
being put together down there. Haslett
says
he doesn't actually know what his guy
has.
He refused to say over the phone. But
it
looks bad. They have you in a pretty
big
fucking way down there, Haslett says.
June 28, 1995. 6:50p.m. The Royal Scott
again.
Burns and Haslett are alone. Haslett
wants
to talk. My contact, says Haslett,
tells
me that the Bellevue police have hair
from
the downstairs shower, hair with blood
on
it. They have your DNA. They got it
from
a snot-rag you left behind in a restaurant.
They're growing it right now. They're
going
to get a match. Tell me how you killed
these
guys, Haslett says.
Well, the medical report says a baseball
bat and a two-by-four, replies Burns.
That's
not a big variety of possibilities.
Answer the fucking question, Sebastian!
Haslett
says.
I can't answer the question, says Burns.
Anything I tell you may end my life.
You're fucking giving me the song and
dance,
says Haslett. The report I read, fucking
basically spells out in black and white
that
the police fucking know you killed
these
people.
July 18, 1995. The Ocean Point Hotel
in Victoria.
Shinkaruk takes Burns up to room 238
and
leaves him with Haslett. Haslett shows
him
a report that he says his friend lifted
from
the Bellevue police. The report says
the
police found a pair of underwear in
the dryer
with a bloodstain on it, and red fibres
mixed
in with Burns's hair were in the shower.
Earlier in the week, Bellevue police
held
a press conference, saying they expected
to lay charges any day. They're fucking
coming
to lock your ass up, says Haslett.
Yours
and your friend's.
Burns is scared. Haslett says his friend
in the evidence room can fix things,
but
he won't do a fucking thing without
Haslett
knowing exactly what happened. If you
go
down, I go down, Haslett implies. And
I'm
not fucking goin' down. Do as I say
or just
fucking deny knowing me, he says.
Burns confesses. He killed them, he
says.
Clubbed them to death with a baseball
bat.
Rafay watched. The sister was hardest,
she
was up walking around. They left the
movie
early, returned home and did the number,
then went to the nightclub. He did
it in
his underwear. Then he took the bat
with
him into the shower and washed it and
himself
clean. They ditched the clothes and
the bat
in dumpsters throughout Seattle.
Haslett burns the faked crime report
and
tells Burns he will have the Bellevue
evidence
room burned down. An East Indian will
be
found to confess to the murders. Great,
says
Burns. Maybe I'll make you an extra
in my
movie someday.
July 19, 1995. Burns calls Rafay and,
on
Haslett's instructions, asks him to
come
to Victoria. Haslett says he wants
to make
sure that Rafay isn't going to "fuck
him around." Burns says Haslett
shouldn't
worry. He says his friends know that
if they
fucked Haslett around, "they'd
be dead
fucking two days after they did."
Burns introduces Rafay to Haslett.
Then he
and Shinkaruk leave. Let's be honest,
says
Haslett. Trust and honesty are the
biggest
things in my life. I want to trust
you, he
tells Rafay. I want you to work for
me. But
I need to know about the murders.
Rafay says he didn't do anything. He's
smaller.
But he saw Burns kill his mother. And
he
heard him kill his father and sister.
It
was tough to kill them, he says, but
it was
necessary in order to accomplish the
things
he wanted in life. With the money from
the
house and the insurance, Rafay says,
he expects
to get about $400,000.
Burns and Shinkaruk return. Haslett
repeats
his promise to burn down the crime
lab. He
tells the two not to talk to their
lawyers
about him and not to act excited when
the
crime lab burns down. You don't go
running
around thinking you're fucking Mr.
Cockiness
because this is happening, he says.
No indeed, no Mr. Cockiness, because
on July
31, 1995 Sebastian Burns, Atif Rafay,
and
Jimmy Miyoshi are all arrested. (Taped
confessions
in hand, Bellevue police had filed
charges
of aggravated murder in the first degree
against both Burns and Rafay, and now
sought
their extradition.) In detention, Burns
and
Rafay are introduced to RCMP officers
Haslett
and Shinkaruk, no longer in mufti.
If the
shock of being outwitted by a pair
of ageing
cops with a shaky command of English
grammar
did any violence to their notions of
superiority,
the extradition proceedings must have
shattered
their ideas about friendship. Their
trusted
companion, Jimmy Miyoshi, they learned,
had
made a deal to testify against them.
The extradition hearing in B.C. Supreme
Court
concluded on January 31, 1996. Defense
lawyer
Patrick Beirne argued that Burns and
Rafay
had feared Haslett, so much so that
they
made up phony confessions to please
him.
Beirne pointed out that there were
no facts
in the confessions that had not already
been
made public by the media. Justice Howard
Callaghan rejected this argument and
ruled
that U.S. officials could seek extradition.
First-degree murder carries a penalty
of
death in Washington state. Indeed,
the current
debate in Olympia revolves around whether
hanging or lethal injection should
be the
method of choice.
Burns and Rafay's lawyers plan to appeal
the extradition order to the Minister
of
Justice, to the Court of Appeal and,
if those
appeals fail, to the Supreme Court.
Win or
lose, they expect a final decision
within
a year or so. Meanwhile, Burns and
Rafay
pass their days in custody.
Burns's film script is also being held.
It
lies in a police evidence room gathering
dust. Likely, it will never get made.
A pity.
Had these two superior young men put
their
brilliance solely into film, they might
have
produced a masterpiece, a searing condemnation
of the muddled hypocrisy that is society.
We, the muddled hypocrites, would have
applauded,
or at least laughed it off. Names have
never
hurt us. But sticks and stones do break
our
bones.
Shawn Blore is a writer living in Vancouver
|