Von Cleef Court transcript
Opening Statement by The Prosecution.
Mr. Noonan: May it please Your Honor, my colleague, Mr. Durkin, Mr. Foreman and ladies and gentlemen of the jury:
The State contends that from October 1, 1965 until December 21, 1965, when something happened, that Miss Von Cleef and Mr. Beard conspired in the following manner: They came over here to Newark, New Jersey, and Miss Von Cleef purchased a piece of property, specifically a one-family house at 850 Lake Street in the City of Newark and that she and Mr. Beard then went to this house, stayed there, furnished it, equipped it, and among the equipment they had whips, chains and other devices that I believe you are going to see and I hope to offer into evidence. It will be described that an office was maintained there with mailing lists, file cards, records, and that this office was in furtherance of a magazine known as FLAIR, which, I believe, you are going to find was operated by Mr. Beard and Miss Von Cleef for the reception of advertisements by persons all over the country, and I believe that you are going to find that the nature of these ads and the nature of this magazine was designed to appeal to persons who had an interest in the deviant matters of sex. I think you are going to find from the testimony that such matters as transvestism, voyeurism, homosexuality, sadism and masochism are rampant in this magazine, which was operated, we contend, by Miss Von Cleef and Mr. Beard, that there was a checking account maintained and fiscal records, and letters were addressed here from people. I believe some of these letters are going to be offered, and they may be received by you in evidence. This is the belief of the State. You can read the contents of the letters...
The Court: A little louder.
Mr. Noonan: I'm sorry, Judge. You may read the contents of the letters should they come into evidence and of correspondence from Miss Von Cleef. One of these letters at least. I believe you are going to find, is postmarked right here in Newark, December 10, 1965, and was addressed to a person here in New Jersey, and it came into the possession of Inspector John Kallies of the United States Post Office Department, assigned to a section known as the Pornographic, Indecency and Obscenity Section, and he undertook to investigate this letter, and he contacted Lieutenant Arthur Magnusson of the Essex County Sheriff's Department some days later.
In the letter was a telephone number, and Sheriff's Lieutenant Magnusson on December 20, I believe you are going to find from his testimony, telephoned this telephone number and asked tor the person who signed that letter as 'Monique'. There was a return address on the letter. 'Monique Von Cleef' with a box number. I believe you are going to have before you the records of the Post Office Department with respect to the maintenance of this post office box, who maintained it, as you will with the financial records of FLAIR.
Detective Magnusson had a conversation with the defendant Von Cleef and - this is what the State contends - as a result of said conversation he received an invitation from her to come to the premises at 850 Lake Street on December 21 at about one o'clock for a one hour period in discipline for a fee of $50. Detective Magnusson on December 21, accompanied by Detective Mueller, Policewoman Mason, Inspector Kallies and Detective Gearty did, in fact, go to the premises known as 850 Lake Street. They of course, did not accompany him. They stayed in the nearby area.
By prearrangement, Detective Magnusson went to the premises, and I believe you are going to find that the door was opened and that there were workmen there, and he asked for 'Monique', whereupon the defendant James Beard came downstairs. Detective Magnusson had a conversation with him. Mr. Beard, who is the defendant here in the courtroom, the State contends, escorted Detective Magnusson up to the second floor and then to a third-floor apartment where Monique Von Cleef was waiting for Detective Magnusson and then, up on that third floor there was another conversation, and as a result of this conversation between Detective Magnusson and the defendant Marianna or Monique Von Cleef, the State contends, ladies and gentlemen, that the only purpose that she allowed Detective Magnusson on the premises for that day was specifically to have him take off his clothes, according to the gist of their conversation back and forth... and then she said she was going to give Detective Magnusson the discipline which he sought; specifically, she was going to flog his buttocks. And Detective Magnusson asked her if she were going to do that until he achieved a sexual climax as a result of whipping or flogging. She said that, yes, she would, and I think you are going to find there was talk of sexual gratification on his part and on her part.
Testimony will be produced to help enlighten you with respect to these acts which we claim were going to take place on that day and on those premises, acts that are defined as sadistic on the part of the person doing them and masochistic on the part of the person receiving them. We hope to bring testimony before you in the person of Dr. Chernus...
I think that you are going to find that Monique Von Cleef placed advertisements, and the tenor of those ads, I think you are going to find, is directly appealing to persons of this deviant sexual group: masochists, flagellants, persons who like to have physical pain inflicted on them, as in this case, while in the nude until an orgasm, a sexual climax, takes place. That is what this house of theirs was there for. That is why all of those things were done such as getting the house and putting in a telephone, doing the things that have, of courses to be done to live in a house in the wintertime, putting in gas and electric, things of that nature, mailing letters and receiving letters, thousands of them, putting all of this equipment in such as chains, leather garments, rubber garments, high heels, exotic, bizarre costumes, whips, the physical objects which I think you are going to hear referred to as dildoes which are, frankly, artificial penises...
ESSEX COUNTY COURT
CRIMINAL DIVISION - Newark, New Jersey
INDICTMENT NO. 1952 - 65
Transcript of Proceedings
Wednesday, June 14, 1967
Examination of Lieutenant-Detective Magnusson by the Prosecutor, Mr. Noonan.
Mr. Noonan: Selecting the first ad, for example, Lieutenant, Z-262 and reading the ad.
Magnusson: Z-262 in the FLAIR publication reads:
- NEW YORK CITY. FEMALE, BEAUTIFUL, BLONDE AND DANGEROUS. DEMANDS RESPECT AND OBEDIENCE.
Q: From your experience does this ad, Z-262, connote anything to you?
A: Yes, it would.
Q: What is that?
A: This connotes an appeal to people who are masochistic.
Q: Lieutenant Magnusson, I show you a letter which has been marked S-1 for identification, and I ask you when you first saw that letter. Excuse me. I ask you if you recognize that letter.
A: Yes, I do.
Q: Where did you see it?
A: It was given me by Postal Inspector John Kallies.
Q: After seeing the letter, what if anything did you do?
A: As the result of having this letter and other objects in my possession, I decided, after a conference with Postal Inspector Kallies, I made a phone call. I must say we first ascertained the telephone number from the New Jersey-Bell Telephone Company as to where the phone number was located, corresponding with the geographic location.
Q: I show you S-1 now received in Evidence, Lieutenant Magnusson, and I ask you to excerpt therefrom the letter... would you read it to us?
A: It starts with an initial. It says: My new telephone number is 201 484-0840.
The Court: Give that to me again.
Magnusson: This is the area code, 201.484-0840. 'The charge for a consultation is $50.' It is signed, 'Superior, Monique.'
Q: Did you make an investigation with the New Jersey Bell Telephone Company of that telephone number on the 20th of December, 1965?
A: Yes, we did.
Q: You learned to whom it was subscribed?
A: Yes. It was registered to, I think it listed, Marianna Von Cleef, 850 Lake Street, the City of Newark.
Q: After getting that information, did you do anything?
A: Yes, I did. I had a short consultation with Inspector Kallies, and I decided to make a phone call <to that phone call> to that phone number.
Q: Tell us what occurred.
A: I picked up the phone, and I set up a Dictaphone alongside the ear, and I dialled 484-0840. The telephone rang and a voice, a female voice with an accent, answered. 'Hello', I said. 'Hello. Monique?'
She asked who was there. I said, 'This is blank Sullivan.'
She said, 'Yes?' I said, 'I've got your new address. Where is that?' She said, 'In Newark.' I said, 'Oh, in Newark. Are you doing anything this afternoon?' She said, 'Oh, yes. I have to work in town.' I said, 'In town?', I said, 'Well how about this morning?' She said, 'This morning? Well, this morning is over, isn't it?' I then said, 'Well...' She said, 'No. I've got to be in town.' I asked, 'Well - could you tell me a good time for an appointment?' After this she said that she would be free tomorrow afternoon. I asked, 'What would be a good time?' She said, 'Well, after one.' I said, 'After one. Yeh. You told me your fee. Miss Von Cleef answered, 'Yes.'
I then asked, 'Could you tell me what you do for the fee? You know.' Miss Von Cleef answered, 'Oh, just an hour and a half of discipline.' I asked, 'Yeh. Do you think I could get it without clothes on, just the high heels?' Miss Von Cleef replied. 'Oh, we'll talk about that later', and I used the term, 'Heh?' Miss Von Cleef said, 'I would want to talk with you first.'
I then said, 'Well, I'm so excited now, you know.' Miss Von Cleef answered, 'It's stupid to talk on the phone.' I said. 'Why, don't you have a private line?' Miss Von Cleef said, 'Does that mean you have a private line but everybody else can't listen to your telephone? So does it make any sense to talk on the phone?' I said. 'Yeh.' She said, 'It's quite stupid.'
I then said, 'Well. I can hardly wait though, you know.' Miss Von Cleef said, 'Oh, well - you waited all your life, you can wait another few days.' I asked her, 'Would tomorrow morning be all right then?' 'No - not tomorrow morning,' replied Miss Von Cleef. 'I can't make it until after one o'clock.' I said, 'Okay. Well, I'll be there - oh, where is it?' Miss Von Cleef said. 'You'll be there. What time you come, at one o'clock?' I answered, 'It will be one o'clock, yes.' Miss Von Cleef said, 'Okay. The address is 850 Lake Street.'
Q: As a result of that telephone conversation, what if anything did you do?
A: I had another meeting with Inspector Kallies, and I appraised him of what I intended to do the following day, to keep the appointment. I further informed Lieutenant Tom Mueller and Detective Gearty of what I was going to do, that I was going to go into a house at 850 Lake Street in the City of Newark and I was going to portray myself as a masochist and to go there for a whipping, and I said that, not knowing the circumstances surrounding this particular home, I appraised them that I was going to enter promptly at one o'clock and their role was to enter the house, regardless of what happened, at 1:30 p.m. on the same date. I also apprised Inspector Kallies of the same procedure that would be followed and asked him to accompany Detective Gearty and Tom Mueller. I also went to the Investigation Division of the Newark Police Department and requested the services of a policewoman, Detective Helen Mason.
Q: After recruiting these people, did you go somewhere?
A: After assembling them, yes. I was in my own car and they and I proceeded to the area of 850 Lake Street...
Q: Upon your arrival, what if anything did you do?
A: I parked just a little bit down from the house at 850 Lake Street. I checked my watch. Our watches were synchronized for this and exactly at 1:00 I walked up onto the porch and rang the doorbell at 850 Lake Street. A man who was working right behind the door - he was doing something that I could not observe - opened the door and said, 'What is it?' I said, 'I'm here to see Monique.' He said, 'Oh, Monique,' and he called upstairs. When he called upstairs a gentleman who I now know to be James Beard came down the stairway and asked me what I wanted. I said, 'I want to see Monique.' 'Oh,' he said. 'for Monique. Come on upstairs.'
Q: Do you see James Beard here in court?
A: Yes, I do...
Q: Where on the premises did you first see him?
A: He came down the stairway and I was standing in the vestibule of the house. When I told him I wanted to see Monique, he said, 'Oh, come on up,' and I followed him upstairs and he took me to a little room... and he asked me to be seated in a chair, and he said that Monique would be with me in a minute.
Q: By the way, how was Mr. Beard attired when you first saw him?
A: He had on I believe they were some sort of slippers. I don't think he was wearing socks. He had on sort of a turtle neck sweatshirt and casual slacks. I might say that I forgot to mention that as I came through this door or up the stairway... there were two huge dogs lying in the hall, and they were huge. He brought me into the room, and then I sat down and, of course, waited for Monique to appear...
Q: Do you know what kind of dogs they were?
A: No.
Q: How long did you stay in the room waiting?
A: Well, there was a certain degree of tension on myself, and it seemed very quick from the time he asked me to sit down and wait for Monique. It might have been minutes, only maybe one or two minutes.
Q: Did you identify yourself to him by name when you first saw this Mr. Beard? Did you give Mr. Beard a name?
A: Yes.
Q: What did you tell him?
A: Mr. Sullivan.
Q: When you left that room, where did you go?
A: I was in the room, and then Miss Von Cleef came into the room. She was dressed wearing a black leather skirt and a white blouse, and she said, 'Hello. You are Mr. Sullivan?' I said, 'Yes.' She then said, 'Come with me', and she walked me down the hall and to a doorway leading to a third floor. She preceded me, and I followed her upstairs. We went through a bedroom and into a sort of sitting room in the front of the house... Miss Von Cleef asked me to sit in the chair that was there.
Q: Did she say anything else to you at that time?
A: She asked me to be seated, to take off my coat, make myself comfortable and then asked me if I would like to have a drink. She said, 'Scotch or rye is all I have here.' I said that scotch would be fine. At this point Miss Von Cleef said, 'Here's something for you to read,' and she handed me a copy of a publication called SPANKERS MONTHLY. At this point I asked Miss Von Cleef who those people were downstairs. There were some working men there. I said that I was just a little bit concerned. Miss Von Cleef told me, 'Don't worry. There's nothing to worry about. You're as safe here as if you were in the Bank of England.' And she told me that the people who were working downstairs were a plumber, an electrician and a carpenter and that she was having the house decorated. Now, at that point she said, 'Let me get you your drink,' and she said, 'You can read that publication. It will excite you.'
Q: Then what occurred?
A: Well, Miss Von Cleef left the room and I was sitting there looking at the publication. She came back in three or four minutes and she had what would be at least a ten-ounce glass that had about five or six ounces of scotch in it and some water, and she gave it to me and told me, 'You know, this will help you to relax,' and she seated herself on a couch that stood there. Miss Von Cleef then asked me, 'Now tell me about yourself.' I said, 'Well - I can't say too much because I have to be discreet.' She then said. 'How can I help you if you won't tell me about yourself?' I then said that I understood what she meant, but that I hadn't had too much experience at being the servant of a professional sadist and then she asked me, 'Well then - when did you first start liking to be whipped?' I said that I had had an experience with a girl who I knew and went out with and that this girl and I had engaged in flagellation, where she would whip me to a point where I would be sexually aroused, and then we would consummate the normal sex act and Miss Van Cleef at this point said, 'Well - let's get this straight. I am not going to have intercourse with you.' I said, 'No. I realize that you're just going to whip me until I have an orgasm,' and Miss Von Cleef said, 'Yes.'
Q: What occurred after that, if anything?
A: She asked me more questions and I stated that you can't find too many people who know about this or who really understand it and she acknowledged that. 'Yes - I can see that' and she made a reference then that in Europe this practice is quite common and that she herself thoroughly understood it. I did make reference also... I asked her. I said to her, 'I notice you do have an accent.' She said, 'Yes, I'm Dutch. I'm from Holland,' I also made a reference to Mr. Beard... Then I asked her, 'Will you get any enjoyment out of this or are you just a professional sadist?' She said, 'No. I experience gratification also with the right sort of person.' Then I told her that I would enjoy it more if I knew that it pleased her, too. We talked for a while about the publication she gave me... and then Miss Von Cleef suddenly asked if I was married. I said yes. She said, 'Then how do you hide the marks on your body at home?' I said, 'Well - I've never really had any noticeable marks on me. This is my first experience with a professional sadist.' She asked at this point if I would like to try some bondage and I said, no - that I did not want to do that right now, that I would rather get to know her a little better first...
She told me not to be nervous and asked if I would like perhaps to dress in women's clothes and I replied well, no - that I had tried that once, but that it didn't mean anything to me. In that context I then referred back to my story about the flagellation with my so-called girl friend.
The Court: What is meant by bondage, Detective?
Magnusson: This is where you would be tied in some sort of restraining device or some chains, but actually it can be utilized in any way. I don't know what specifically Miss Von Cleef had in mind, nor was I about to find out.
Q: Tell us what you then said and what she said.
A: She asked me what I did, where I worked. I told her I was a department store executive, and then asked her how long I could stay and she said, 'Oh, about a half hour or so, depending on how I like you, and so on.' Now at this point Miss Von Cleef got up from the couch and went to a closet and brought out a pair of women's high heeled shoes which she brought over and dropped on the floor. She then ordered me, 'Now take off all your clothes and then put these on', and she went on, 'When I come back I want to see you up on that couch in a kneeling position. I mean all your clothes off. I am the boss.' I then asked Miss Von Cleef what she was going to wear and she said, 'You'll see,' and left the room.
After Miss Von Cleef had left, I started looking around and I took off my tie, shirt, undershirt, shoes and socks and that's as far as I intended to go. I then started to look around some more. I opened a door into some sort of hall and... through another door I saw Miss Von Cleef in the process of putting on this special costume.
Q: What stage of dress or undress was she in?
A: She was undressed and dressing herself up.
Q: What kind of a costume did you observe her putting on?
A: It was black. It was, I would say, eh... it was maybe 16 feet away and, of course, I couldn't make a direct observation, but Miss Von Cleef spotted me out in the hall and she said, 'What are you doing? Why aren't you undressed? What the hell takes you so long?' So I said, 'I'm sorry. I'm a little nervous and I have to use the lavatory, the bathroom.' She said, 'Well, there's one over there.'
As Miss Von Cleef finished dressing herself, I walked down the hall, went into the bathroom and tried to kill a minute or so and then, after I was finished there I walked back into the sitting room and there was Miss Von Cleef, dressed in these black high-heeled shoes, net stockings, and a rubber suit - a tight fitting rubber apparatus which would resemble a bathing suit. Looking at my watch I saw I still had a few minutes to go, so I sat down and asked her if I could finish my scotch, that it would further help me to relax and take it easy.
Q: What did she say, if anything?
A: She said, 'That's fine. I understand.'
Q: What then?
A: Well, while we're sitting there Miss Von Cleef had either one or two phone calls which she took in another room and I could not hear the conversation. When we were together again - it seemed the time was just 1:30 or 1:31, I started to hear a noise, a banging, and I asked Miss Von Cleef what was that noise and she replied. 'Oh, that's nothing - just the workers and carpenters.' Then the banging got louder and Miss Von Cleef got up and went into another room, a bedroom, where I followed her and at this point I heard shouting, 'Art. Art, where are you?' I hollered, 'In here!' and Detective Tom Mueller came around apparently up through the hall and Detective Mason came in by a second door. Of course Miss Von Cleef then said. 'What is this? What's all this?" and Detective Mueller told her, 'This is the police.'
She then said. 'Police? What have we done?' and she looked at me. We haven't done anything!' I pulled the badge out of my pocket, showed it to her and said, 'I'm sorry, Monique. It's all over. I'm from the sheriff's office.' Miss Von Cleef then looked at me and said, 'You're a nice guy to do a thing like that right before Christmas.'
By then the telephone rang in the room where we were standing. I picked it up and it was a long distance call apparently, because it was a toll call, and the operator said, 'There's your party', and I heard a fellow say, 'Hello Monique?' and I replied, 'No.' He then asked, 'Is that you, Jim?' and I said, 'Yes.' So the coins started to go in, and I heard the plunking of the quarters going down and then, all of a sudden, Monique jumps up and over and hollers into the speaker, 'Hang up! It's the police here. The police are here!' I heard Mr. Beard on the extension also telling the guy who rang up that the police were on the premises, so I asked her not to do that again and she said something to the effect, 'Don't get anybody involved in this.' Maybe I shouldn't say that. I don't remember exactly what she said at that point, but she did say something in regard to my answering the phone... I don't know what it was and I'll just have to forget it.
Noonan: Judge, we still have a long narrative to go on with.
The Court: Yes. This may be an appropriate note on which we might take our luncheon recess.
ESSEX COUNTY COURT
CRIMINAL DIVISION - Newark, New Jersey
INDICTMENT NO. 1952 - 65
Transcript of Proceedings
Friday, June 16, 1967
Prosecutor
Mr. Noonan: I thank Your Honor for the time afforded Mr. Durkin and myself. Your Honor, I have a series of letters. When I say 'a series of letters', I mean a number of letters... Lieutenant Magnusson, where did you first see... these letters?
Magnusson: They were on the premises at 850 Lake Street on December 21, 1965... They were with other mail in the storage room on the second floor...
Mr. Noonan: Now from your experience and training, Lieutenant Magnusson, do you have an opinion as to these letters?
A: Yes, I do.
Q: What is that opinion?
A: They are solicitations for various types of sexual activity.
Q: Can you give us an example from any of the letters?
A: Do you wish I should read one?
Q: One or more...
A: The first one is entitled, 'Mistress Monique'.
The Court: Would you keep your voice up, please?
A: MISTRESS MONIQUE: You would never believe one little slave could love one mistress so. The things you order number 35 to do...'
The Court: Not so fast.
A: ... things you order number 35 to do and especially the way Mistress trains 35 to carry out her orders. Thank you very much, Mistress.
Last Sunday, Mistress, you had 35 in such great pain. Number 35 felt as if he were dying. Honest, Mistress. Your little slave is always truthful to you. Mistress, when you wanted to gag 35 to keep him from making too much noise, oh, Mistress, how could you tell when 35 had more than he could stand?
Mistress, 35 is too dizzy, too faint, if that is what Mistress had on her mind. Please, Mistress, 35 isn't trying to be funny or even a mind reader. Mistress, 35 is thinking out loud at that precise moment instead of three days later after most of the soreness subsided. The Preparation H which 35 had to use helped a great deal. Oh, Mistress, please don't laugh. It does sound funny now, but at the time it was no joke to this little slave who had to experience this punishment at the hands of his Mistress.
Oh, Mistress, 35 is pleading on his knees to his Mistress please be lenient to 35 when he is to receive the same punishment in the future.
Oh, Mistress, 35 is begging for mercy on his knees in front of you. Please, please, have mercy on your little slave, my wonderful Mistress. Mistress, what would you do to 35 if he had said he was calling you from the hospital just to see if he could worry his Mistress? Yes, Mistress, you told 35 before that he is an insignificant little slave and he means absolutely nothing to you. To 35, my wonderful Mistress, you are my heaven on earth, as beautiful as a flower, the best thing that ever could enter this life of a little one called 35. Mistress, you are so magnificent 35 is overjoyed knowing you and proud to have you as my mistress to lead 35 in the beautiful ways of life.
Mistress, your little slave was a lost soul on this earth until Mistress Monique found 35 to bring happiness into his life. Mistress, thank you very much for taking 35 by the hand to help him find his way. Oh, Mistress, 35 loves and worships you so very much. You would not believe it possible that such a little slave has that much love in him.
Thank you, Mistress, for allowing 35 to share part of your life. Thank you so much. It's beautiful. Your little slave worships the ground his mistress walks on. Oh, Mistress, you are such a goddess on a pedestal for 35 to look up to and to worship. Your little slave needs you, Mistress, to guide him and experience the beautiful things in life.
It is signed, your obedient slave, 35.
Q: Do you have any other letters which you wish to read into the record?
A: DEAR MISTRESS MONIQUE,
Yes, mistress, already I feel your slave, feel under your spell, your dominating aspect. You asked about my training. Well, most of my actual training has been in New York, but I have been ordered to dress as my mistress wishes, rubber diapers and bra, corset, stockings, and if I am good, occasionally a pretty slip and panties. When I visit her in New York, I arrive not having been allowed to drink anything for hours. Sometimes I stand outside the door, facing out. She pulls a rubber cap over my eyes, and then I'm let in and told to undress. Then my wrists are strapped together behind my back. She says: 'Kneel down, slave. Repeat after me: "I am your complete slave. I will obey your every command. I will accept every humiliation your darling fancy directs. I will maintain always an attitude of respect."
'You will address me always as Mistress Monique at the beginning and end of every sentence and you will not speak a word at any time except to answer questions. If you do, you will be sorry, I promise you. Your life is going to be tough, and when I whip you, you will say,
"Thank you, Mistress", and when I give you something to drink that is too humiliating, likewise you will say, "Thank you Mistress, for the delicious drink".'
Well now, let's say that it is time for Betty to go to bed. Into the bedroom or call it the punishment room, if you wish. Betty has disobeyed so many times and that means lashes, so she is stretched out on the rubber sheet on the bed face down, bottoms up, feet strapped apart to the bed posts and wrists also strapped to the side legs of the bed, and the whipping begins in earnest.
Betty cries and remonstrates. This causes fierce lashes and you remind her that she was not to speak a word, so you say, 'Betty, you rinse your mouth out', and you do. Again Betty remonstrates and you feed her another punishment drink. Well now, to get along, finally you turn Betty over. She meekly accepts the turn. Her face is still covered. There she lies helpless before her pretty mistress. She repeats: 'I will try my best to satisfy you, pretty Mistress. I will follow your every direction. Yes, Mistress Monique, I will suck, kiss, fuck and suck as long as you feel like coming in my enslaved mouth with your adorable kissable pussy.'
Mistress, when I opened, thrilled, your letter, I was wearing black rubber diapers and a white rubber bra and pretty black panties. I couldn't comply with your order right away but I have now, to kneel and respect you ten times. Mistress, please accept me as your slave. I am just dirt. Mistress may send any instructions to your Betty that you please. If you send me your girdle, I will wear it whether it is too small or too big and send you a new replacement plus a very lacey bra. How is that?
You are a pretty mistress, and I love the name. Please do accept me as your slave and make me your slave. Strict orders and severe punishment. I want you to have fun and, of course, at Betty's expense. So write, pretty mistress, and make Betty obey and submit. Your obedient and most affectionate slave, Betty.
Am I too presumptious to suggest ideas rather than to await your instructions? I hope not, but you have asked me my training and experience. Thank you, Mistress, and thank you again.
Q: Do you have an opinion as to that letter?
Magnusson: Yes. In my opinion it would be written by a male masochist who is probably a transvestite and uses a female name and is writing down the experiences that he would like to experience and descriptively giving information as to what he would like, involving sadomasochism and possibly fetishism...
ESSEX COUNTY COURT
CRIMINAL DIVISION - Newark, New Jersey
INDICTMENT NO. 1952 - 65
Transcript of Proceedings
Friday, June 16, 1967
Defense lawyer
Mr. Durkin: I would just inquire, Your Honor, I have no objection to the letter, but I don't know whom it was addressed to, or to what address. We have a date on it - that's all.
The Court: Well, it was taken (came from) 850 Lake Street.
Mr. Durkin: Yes.
The Court: On December 21, 1965.
Mr. Durkin: Yes, Your Honor.
Prosecutor
Mr. Noonan: I think the jury should hear and get the benefit of it.
(He reads)
MY DEAR MISTRESS MONIQUE,
I sure hope you remember me. I'm a truck driver from New Jersey. I was over to see you one evening and never have forgotten it. I have been very busy and traveling quite a bit. I am looking forward to another appointment with you in the very near future. As I said, I've done quite a bit of traveling and have also made a few contacts around the country. I have found the treatment which I really enjoy, and it really sends me wild. I will describe it to you in detail, as I find it easier to write rather than spend the time with you talking. I will let you decide as to whether you could give this treatment or not.
First let me go back to the night I was with you. To me, the most exciting part of your treatment was when you put me on the floor and I had to look UP at you. At this point I felt as though I was completely dominated by you. As for standing up and being whipped, nothing for me. Now let me describe this treatment I wish.
To begin with, this girl, Princess Sue, was a great deal like you. She was dressed in a skirt (short), very high heels, and had a very sheer nylon blouse with long full sleeves on. This blouse was buttoned up the front, very revealing, so that when she bent over me her breasts, which were very full and beautiful, were about exposed. She had no bra on, and the sheer nylon blouse, heavily scented with her perfume, nearly drove me wild. Sue then took me to a room where I was strapped on a table, sort of spread-eagled on my back. I was stripped of all my clothes at this time. She had about three nylon scarves, which were heavily scented with a wild scent, and these she moved around and over my face as sort of a blindfold. It was thin enough so that I could see. I was wild from the feeling of nylon and the scent of her perfume.
CRIMINAL DIVISION
INDICTMENT NO. 1952-65
THE STATE OF NEW JERSEY
versus Volume IV (page 43)
MARIANNA VON CLEEF
JAMES ALBERT BEARD
Thursday, June 22, 1967 and
Friday, June 23, 1967.
Newark, New Jersey
Transcript of Proceedings
Prosecutor
Noonan: You were asked by Mr. Durkin on cross-examination whether you investigated the names and addresses of people whose names and addresses were found in the letters, lists, and file cards. You mentioned that you turned these materials over to the FBI.
Lieutenant
Magnusson: Yes.
Prosecutor
Noonan: What else was done?
Magnusson: I made a complete file copy for the United States postal authorities. I made a complete file copy for I think it was military intelligence. Partial files were taken by Naval Intelligence. The Internal Revenue Service. There were other Federal agencies. It was disseminated that way.
ESSEX COUNTY COURT
CRIMINAL DIVISION - Newark, New Jersey
INDICTMENT NO. 1952 - 65
Transcript of Proceedings
Friday, June 23, 1967
THE FOLLOWING TAKES PLACE IN THE JUDGE'S CHAMBERS
The Court: Mr. Durkin, I think, in all fairness to yourself, some statement should be made for the record with respect to the posed picture which appears in the daily press. I refer to the identical photograph which I saw in the Daily News and also in the morning Ledger. It carries the AP wire legend... does it not?
Mr. Noonan: Yes, sir. I believe it does.
The Court: I know what you told us previously with respect to the difficulties which you encountered in communicating with your client during the time that she has been confined... In this Ledger copy which I have before me the photograph is entitled: 'MONIQUE VON CLEEF RESTS IN HOSPITAL'... I am certain, Mr. Durkin, that you did not participate, either directly or indirectly, in arranging for this posed picture. However, I think for your own protection a statement should be made.
Mr. Durkin: I agree with you fully, Your Honor. I appeared at the Hospital for Joint Diseases last night, approximately six-thirty, in the company of William Gearty, an attorney in Newark, New Jersey. We went to room 701D and spoke to Miss Von Cleef. After being there approximately 20 minutes, I was informed, that an individual - she described him as short - had appeared with what appeared to be a telegram, signed by Harry F. Durkin, indicating that I gave permission for a photograph to be taken... Mr. Gearty then asked her whether she had the telegram, and then she said, 'No. I probably should have kept it. but he just flashed it in front of me, showed me your name and said that you gave permission and then a picture was taken.'
A few minutes thereafter she called Dr. Umansky and spoke with him for approximately three or four minutes and said to Dr. Umansky, 'My attorney is here at the bedside. Would you speak with him for a minute or two? The answer was no...
I have attempted to contact Dr. Umansky on at least six occasions, calling both his office and the hospital and I had hoped to speak with him last night, and on each and every occasion my attempts have been futile.
Mr. Noonan: I think there is something that I want to add for the record, Judge.
Judge, this is Mr. Gene Spagnoli of the New York Daily News. Mr. Spagnoli conversed with the defendant Von Cleef yesterday.
The Court: Relate in narrative what occurred yesterday with respect to Miss Von Cleef and any interviews and photos.
Mr. Spagnoli: When I called at our office yesterday, they said that Miss Von Cleef had called me. This was in the morning at perhaps ten-thirty. I'm not sure of the time, but it was in the morning. They said Miss Von Cleef had called with the number TR7-6000, with Room 701D. My call was screened by a Mr. Green who was the administrative assistant.
The Court: At the Hospital for Joint Diseases?
Spagnoli: Yes. My call was put through. I talked to her and she said, 'It would be all right to have my picture taken today.' She said, 'If you can come up and have the photographer come up, you can take a picture.'
I asked, 'How about an interview?' She said, 'There's a lawyer, my lawyer', and I am not quite sure what the connection was. She mentioned her father in Switzerland had contacted a lawyer, gotten a lawyer, a fellow named James Siff, and she said, 'The lawyer must be present.' I said, 'How do you feel? She said, 'I don't feel too good.' I said, 'How did the accident happen?' She said, 'Well we'll have to wait until you come up and the lawyer is here.'
So I hung up and called our desk and gave them the two numbers she had given me for the lawyer and then I believe they assigned someone to go up to take the pictures.
The Court: Do you have the numbers you were given?
Spagnoli: Surely... CAnal 6-5454 and PLaza 1-6592.
The Court: Those are the telephone numbers of Mr. Siff?
Spagnoli: Mr. Siff, yes. Then from there our office took it. They evidently contacted him, and I guess you saw the picture in the paper today. That's how they got it.
The Court: Mark the picture in the Star Ledger as an exhibit... do you know whether or not she was paid for this?
Spagnoli: No. I do not know. If you want an assumption, I would assume not, but I do not know.
Mr. Durkin: Let me put on record what I was told last night. First of all, I will very briefly relate that two or three nights ago I received a call from James Beard while I was in my office, telling me I was going to receive a call from an attorney that Miss Von Cleef had decided to consult. However, he was not in New Jersey. He wasn't a New Jersey attorney, and he would only participate to assist if it was necessary, and I would receive a call from him, which I did and I spoke to him for about forty-five minutes.
The Court: When was this?
Mr. Durkin: I am quite sure it was Tuesday night. He then went on to tell me there was some connection between Miss Von Cleef's father and him. I spoke with Miss Von Cleef last night and asked exactly what the story was, and I was told that she never knew James Siff until a few days ago, when she left the court last Friday and was all upset about the possible penalty of nine years and she called her father in Switzerland and said (I am quoting her): 'Papa, I don't think it is going too well.' Her papa then said, 'I'll put Mr. Bernstein on a plane and send him over.' This Mr. Bernstein in Switzerland is well known in International law. He came to New York and deemed it advisable to contact a New York lawyer rather than get supposedly my slanted views as to how the case was going, and consequently...
The Court: You don't mean your slanted views?
Mr. Durkin: That's what she told me last night. He wanted to get the viewpoint of a lawyer who was not involved in the case because he admittedly, I understand, is not familiar with criminal law, particularly criminal law in the United States. So he contacted this James Siff. James Siff, by the way, informed me he is thirty years old and has been practising just a few years... Last night in the presence of Mr. Gearty... she assured me that I was the only attorney as far as the case was concerned, but because she was nervous she called her father. Her father got in touch with Mr. Bernstein. This Mr. Bernstein got in touch with Mr. Siff, and Mr. Siff got in touch with me and that's how this other attorney situation came about.
The Court: Did Bernstein actually come to New York?
Mr. Durkin: Yes, Your Honor. Actually, he's staying until tomorrow. Miss Von Cleef indicated surprise that he had not contacted me, but I state for the record that he has not.
The Court: That's quite a story.
Mr. Durkin: It even goes back further with Mr. Von Cleef - strike that - I don't think that's his name - Mr. Mohr supposedly saved Mr. Bernstein's life during the war, and he told his daughter that Mr. Bernstein had owed him a favor for a long time and he would get him to go to that extent, to come to New York on her behalf.
The Court: Well, this about does it. All right...
Mr. Durkin: I would like to put this on record: We spoke about His Honor's ruling that the case is going to proceed and she indicated. 'Well, I just cannot be there presently', and that was the extent of the conversation. She did not request, nor did I suggest that she appear Monday, Tuesday, Wednesday or any other day, because I understand Dr. Umansky has not told her or indicated to her any day when he intends to release her...
ESSEX COUNTY COURT
CRIMINAL DIVISION
INDICTMENT NO. 1952-65
THE STATE OF NEW JERSEY versus
MARIANNA VON CLEEF
JAMES ALBERT BEARD,
Defendants. - Tuesday, September 12, 1967
Newark, New Jersey
Before: HONORABLE LEON W. KAPP. J.C.C.
Appearance:
HARRY P. DURKIN, ESQ.,
Attorney for the Defendants.
Filed, October 9, 1967.
NICHOLAS V. CAPUTO, Clerk.
ANGELO J. CARDENUTO, Official Court Reporter.
Mr. Durkin: Good afternoon, Your Honor. I am certain of the fact that you have a comprehensive probation report before you and consequently I will limit my remarks.
One interesting point, among others, should be called to the Court's attention at this particular time, namely, sentencing, and that is that, unlike most crimes, as we look back we find in this very, very bizarre case that we do not have a victim and we do not have these particular persons having committed fraud on anybody. Consequently, no one was victimized, as is true in the typical situation on sentence day.
I also call to Your Honor's attention, and without going into detail because Your Honor knows as well as I it is not necessary, that these individuals have fully co-operated with the powers that be.
It was testified throughout the case, Your Honor, and more particularly by Dr. Chernus, that persons engaged in this type of activity are sick, sick, sick.
Benjamin Franklin said a long time ago, 'There are no gains without pains.' And whatever these people may have gained, Your Honor, in respect or in the opinion of anyone else, they certainly have sustained pains throughout. They lost their house. Their property was confiscated by breaking and entry! and numerous other harassments were sustained by these individuals.
Very succinctly, Your Honor, I have no hesitancy in saying, as an officer of this Court, that these people have paid the price. You know as well as I that sentence is for the purposes of paying a debt to society and for the purposes of rehabilitation. You are familiar with these people's background and their record, or I should say the lack of a criminal record, and for those and other reasons, Your Honor, which I am familiar with or which are in your file, I respectfully ask that you extend leniency on behalf of Marianna Von Cleef and James Albert Beard, and that you eradicate from your mind everything that has happened, although it is rather difficult to do so as far as publicity, as far as image or lack thereof, and render a sentence here which is commensurate with the facts and, consequently, Your Honor, I am sure you will deem it advisable not to inflict a custodial sentence. Thank you.
The Court: Miss Von Cleef, do you have anything to say in your own behalf?
The Defendant
Von Cleef: No, sir.
The Court: Mr. Beard, have you?
The Defendant
Beard: No.
The Court: Of course, you realize that you are privileged to be heard if you desire to do so, Miss Von Cleef and Mr. Beard.
Mr. Durkin: I have advised them of that, Your Honor.
The Court: Each of you is convicted on multiple counts by a jury in this Court. One, for conspiring to violate the criminal laws of this State in maintaining and operating a building at 850 Lake Street in the City of Newark for the purposes of soliciting, procuring and engaging in acts of lewdness and assignation; two, for permitting the premises in question under your control to be used for the purposes of lewdness and assignation; and, three, for the purpose of unlawful possession with intent to utter and expose to the view of others obscene and indecent books, publications, pictures and other representations.
The Court has had the benefit of a thorough and painstaking pre-sentence investigation conducted by the Probation Department of this county and the reports of psychiatric examinations performed at the Menlo Park Diagnostic Center and by Dr. Samuel Martin, the director of the Psychiatric Clinic here in Essex County. The Court has also considered the report by Dr. Frank S. Caprio, whom the defendant, Marianna Von Cleef, consulted on May 29, 1967, at his office in Washington, D.C., prior to trial of this case. The Court is satisfied, based upon the opinions expressed by the specialists, that in your case, Marianna Von Cleef, there is no evidence of psychosis, mental deficiency or of a deep-seated mental or emotional disorder. A consideration of all the evidence elicited at the trial, including the numerous exhibits and the information, contained in the pre-sentence investigation, indicates an awareness by you that you were engaged in a sordid business for financial gain. Indeed, it is a sad commentary on human behavior in a civilized community to learn of the existence of an establishment where flogging and acts of bondage are performed by the quote master unquote upon her quote slave unquote as a way of life.
Through the publication, Flair, which both of you caused to be circulated, a pamphlet characterized as a quote sex club unquote, which contains a listing of quote services unquote, such as homosexuality, sadism, masochism and transvestism, you solicited sick people who cannot relate in a normal manner sexually and are sometimes referred to as sex perverts or deviates because of their emotional illnesses. Your sadistic acts were motivated solely on a mercenary basis of a fixed fee of fifty dollars an hour. These unfortunate sick individuals were your prey.
You have failed to evince a feeling of remorse or contrition. On the contrary, I find that you have not been forthright and initially that you failed to co-operate with the authorities. Your conduct, by furnishing misleading information, has thwarted the expeditious disposition of your cases.
In my judgment for the record, you, Marianna Von Cleef, are a cruel, calculating and wicked person and I sentence you to serve a term of eighteen months in the Essex County Penitentiary on the first count of Indictment No. 1952 of the 1965 term. However, the execution of the sentence is suspended only to the extent that you shall be confined for a period of four months and upon your discharge from the penitentiary that you continue on probation for the remainder of the term herein imposed and that you pay a fine of $1,000. The sentence in your case on counts three and four will be suspended.
In your case, Mr. Beard, it is the sentence of this Court on Count No. 1 of Indictment No. 1952 of the 1965 term that you serve a term of six months in the Essex County Penitentiary. However, the execution of that sentence is suspended and you are placed on probation for a period of eighteen months and directed to pay a fine of $500. The sentence in your case, Mr. Beard, on Counts three and four will be suspended.
'Yes, when Magnusson, who arrested me, said that in court, I recalled saying to him: "Don't get anybody involved in this." Well, they didn't. They must have had a whole series of fits when they got a good look at the names and addresses in my files. They did their damnedest, too, to keep those names out of court and out of the newspapers. I kept my own trap shut, and that's one reason why they let me off fairly light. They could have thrown several books at me if they had really wanted to play rough.
'Take the case of Richard the Senator. If I remember right he was number 417. He really was a big wheel in American politics, and those boys have a lot of pull. He was a chubby, jolly little man with one of those rosy barbershop faces, you know the type. About fifty years old, and his greatest wish was to be a baby again. Or at least two, two-and-a-half years old. That would vary. But never, never over six.
'There simply are no diapers for grown people, so in his case I used white tablecloths, and those large safety pins they use to fasten camping blankets. He lay quite contentedly sucking his thumb on a rubber sheet, wetting his diaper, and would begin to cry if I did not change and wash him soon enough. I would then dry him, powder him, and I swear his prickie was no larger than my little finger. He then got his bottle of milk, which he happily sucked empty through an old-fashioned nipple. When he needed me he rang up the evening before, left his home early, took a plane to Newark, rang me up from the airport, took a taxi, and was at my place shortly after nine. He came so regularly that I had one room furnished with baby equipment. I had bought a playpen with some animals and when he felt in a bad mood he threw everything out, then began to weep loudly until I came and threw it all back in. Sometimes I tried to give him a doll:
' "Here, Dickie, a nice doll to play with."
'He crawled to a corner of his pen and made a face.
' "I don't want no doll. Dickie is a boy."
'Then I prepared a bowl of milk and cornflakes, put him in a chair at the table, and said:
' "Here is a spoon. Now be a big boy and eat it yourself."
'Five minutes later I came back and discovered an unbelievable mess. Milk and flakes all over his face and sweater. I began to slap his face and he yelled as if he was being murdered. That was all in the game. Whatever we did, whatever I bought, the whole intention was to make me so mad that I would take off his diaper or his pants or whatever he was wearing and spank him until his fat little ass was blue. I knew exactly what he wanted. If he went on misbehaving after a handspanking that meant that I had to use a hairbrush. He sometimes sat talking to me quite normally after one of these "treatments" and then he talked like a normal politician... there was nothing he detested so much as a fag, etc.
'Came the day when he was up for re-election and his whole hometown was plastered with large posters: "Mr. X for Senator!" Jesus - if they had only known!"
COURT CRACKS ITS OWN WHIP, RULES FOR PAIN-FOR-PAY Gal.
Washington, June 23 (NEWS Bureau) -
Ruling that Newark cops were carried away in their search for evidence against a buxom pain-for-pay madame, the Supreme Court has vacated the 1967 conviction of Dutch-born Marianna Monique Von Cleef.
In a 6-2 decision today, the Court held that police illegally seized thousands of lewd photographs, magazines, letters and drawings when they raided Monique's torture house in 1965. At the time of the bust, Monique was wearing a black rubber suit and was preparing to give a half-naked undercover detective a $50 whipping.
Overturning the convictions of both Monique and her 'friend', James A. Beard, the High Court said:
'We have no hesitation in concluding that the action of police here in combing a three-story, sixteen-room house from top to bottom and carting away several thousand papers, publications and other items cannot under any view of the Fourth Amendment be justified as "incident to arrest"...'
The case drew wide attention when it was disclosed that police had confiscated long lists of correspondents and customers throughout the country, some of whom were described as prominent.
In an interview today, Monique's lawyer (Herald Price Fahringer of Buffalo) said that, while his client's actions were 'terribly flagrant' the police brought the Supreme Court's action on themselves through allegedly shoddy search and seizure tactics...
Fahringer said that he spoke to Monique, 'who is somewhere in Europe', only hours after the Supreme Court ruling... He said Monique illegally skipped the country last month, rather than appear at deportation hearings.
The lawyer noted that a tricky legal problem now surrounds his attractive client, since the basis for Monique's deportation hearings - the obscenity conviction - is no more... It seems that Monique just might turn her considerable talents to publishing, Fahringer said, and write a book about her 'experiences with the law'.
- (from Daily News, Tuesday June 24, byline
- Frank Van Riper).
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