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We were amazed to discover that the GHQ's long distance service with MCI had been terminated by order of Mr. Waters — but that, fortunately, led to tracing some long distance calls and finding out even more.
Although the name of David Waters was typed on every check he had cashed, and although he had endorsed the checks with the use of his signature and his driver's license, the police simply refused to pick him up, although the other employees were witnesses, as were the bank clerks. When asked to give a statement to the police, one of the other employees took a soft drink can to the police station so that the police could obtain prints of Mr. Waters — but the police declined to get involved in such an investigation.
The Murray-O'Hairs immediately got in touch with the boards of directors and asked them to write to the Austin police chief, Elizabeth Watson. She ignored the letters. The Murray-O'Hairs went to the police station demanding some action. Basically they were stalled off.
It was April 18 (ten days later) before a warrant was issued. Although Mr. Waters was still in town, still seen at his apartment address, with all information given to the Austin police a warrant for his arrest was not turned over to the "Fugitive Unit" until April 20. As our investigation was continued, it was thought necessary to again talk to the former office manager, who related that there had been a close relationship between them. They had dined together and visited each other's homes. (Also, we found — from information given by the other employees — they had spent considerable time criticizing the Murray-O'Hairs to every one — especially discussing how they could run the GHQ better than Jon Murray.) They had had lunch together on April 1. The former office manager volunteered to contact Mr. Waters because he was such a good friend and that Mr. Waters would then come to the police station for a chat to explain it all. It didn't happen. With the passage of over two weeks, Dr. O'Hair began to badger the police to pick him up. A police captain, at that time, advised her that Mr. Waters was "busy," so his "appointment" which had been made for April 27, to "talk" to the police, had been delayed for another several days for Mr. Waters' convenience. After all, his "good will" in the community had to be considered.
Mr. Waters finally went to the police station on April 29 with "a very expensive defense attorney," we were informed, in tow. He was placed under a "personal recognizance" bond until the police "could investigate further." The police refused to advise the amount of the bond. When asked if his expensive attorney was being paid with the money Mr. Waters had stolen, the police held that his privacy and that of his attorney had to be protected so no inquiry had been made. Actually, the police did nothing; the Murray-O'Hairs alone traced Mr. Waters' every step and reported it to the police, piece by piece.
The contributions which several hundred of you made to the legal fund for the costs of the San Diego court hearing were carefully tallied out, as best as possible, and that was reported to you in June 1994. Any such funds received here between March 24 and April 6 were a part of the loot which Mr. Waters took. This included regular donations, subscription renewals, membership renewals, and book sales funds. As best as we could, we attempted to reissue memberships and subscriptions and to fill book orders. Since none of you complained later, we think that we managed to find all of them.
On May 2, Mr. Waters executed an affidavit which was delivered to law enforcement officials. The Murray-O'Hairs were not advised about this affidavit for months — until August 23, 1994. Meanwhile, it had been accepted at face value by all concerned. This was, actually, an incredible document. It stated that Jon Murray had called Mr. Waters from San Diego, advised that the trial was very adverse to American Atheists, and instructed Mr. Waters to steal up to $100,000 by cashing the organizations' checks, retain $15,000 for his "services," and put $40,000 in cash in the office safe for Mr. Murray. The absurdity of the affidavit should have been immediately apparent to all; after all, the San Diego hearing had been decided favorably for American Atheists and the Murray-O'Hairs. It did, however, bring out the true nature of the police and judicial system of the city of Austin, the county of Travis, and the state of Texas. An accusation had been made against a nationally known Atheist and, simply because he was an Atheist, the accusation was seen to be plausible immediately, by everyone. The defense plan Mr. Waters had to escape any kind of investigation or punishment was obvious: use the hatreds inherent in a Christian political system to smear the Atheist victim of a crime — and go free. What Christian jury would ever convict a thief for stealing money from Atheists — especially with a fanciful tale such as this? But the hatred for Atheists is so great that this affidavit was actually delivered to the district attorney's office — an unheard of breach of legal procedure. The Murray-O'Hairs were particularly astonished when a "civil rights" advocate who teaches at the University of Texas Law School, having heard this story from the attorney Waters had used to report to the police, accepted it at face value. It also came as somewhat of a shock later to be informed that "a California group" was paying for Mr. Waters' attorney and would take the case up on appeal, if necessary, to set him free.
If Mr. Waters had stolen this amount of money from any church, or had invaded the home of any minister, he would have been arrested within hours, tried and convicted within days, and would even now be serving a term in the Texas state penitentiary.
The police finally did turn the matter of Mr. Waters over to the office of the Travis County district attorney on May 3, 1994, which — it turned out — was disinclined to do anything, primarily because of the affidavit. This was almost a month after the thefts had been discovered. Again we asked board members to write. Again the Murray-O'Hairs went to see the attorneys in the district attorney's office. Since one of the American Atheist GHQ employees, the same one who had taken the soft drink can to the police station, was extremely suspicious of Mr. Waters, Dr. O'Hair insisted that fingerprints be traced. This resulted in an argument in the district attorney's office that this was an extreme measure to take and not indicated in the case. Mr. Waters "reputation had to be considered." Dr. O'Hair was adamant, however. She relied only on the instinct of the other employee and his intuitive "feeling" that Mr. Waters had been furtive in ordinary, lunchtime conversation.
The encounters of the Murray-O'Hairs with the D.A. personnel proved to them that Mr. Murray was not involved in the farcical scheme told in Mr. Waters' affidavit.
Dr. O'Hair stayed on the district attorney's office, calling every few days to inquire what the attorneys there had found. Early in July (three months after the thefts), she was contacted by a supervisor and told that the district attorney's office was finally going to the Grand Jury. This was occasioned by the fact that the fingerprint trail had led that office to more information. Also, Mr. Murray had been able to obtain all of the checks Mr. Waters had written, with all his endorsements thereon, and had been able to identify every bank clerk Mr. Waters had seen. Employees also had given statements to the police that Mr. Waters had laid them off so that he alone had free access to the American Atheist GHQ; that on April 7 when a breach was reported in the security system, Mr. Waters had been found in the building late at night; that telephone records and certain forged documents were all indicia of Mr. Waters' activities.
The Grand Jury subsequently issued an indictment on July 7, 1994, over ninety days after the thefts had occurred. *
Meanwhile, investigating themselves, the Murray-O'Hairs found that David Roland Waters had been interned in the Sheridan Illinois Youth Commission Maximum Security Institution for Youths on a charge of burglary to which he had pleaded guilty, having been indicted on October 20, 1964 (for an offense on August 29, 1965) in Peoria County, Illinois. His prior arrests had been for curfew violations (on June 18 and August 8, 1964, with respective fines of $10.00 and $25.00.). On September 1, 1964, he had been given twenty days in jail on a drunk and disorderly charge (Peoria County, Illinois). On the date of the offense of murder (December 14, 1964) he was, however, out on probation on the above burglary charge. He was indicted January 11, 1965 in Woodford County, the offense was moved to Christian County where he was re-indicted (Indictment #6059) for murder on March 25, 1965. According to that murder charge, Mr. Waters and several friends had "struck and beat a young man (sixteen years old) with their fists and with a hedgepost, . . . about the head" and then "left the decedent in the ditch beside the road."
Waters pled guilty and was sentenced, as an adult, for thirty to sixty years in the Illinois State Penitentiary, where he was inmate nr. Menard C-06059.
The battery incident was especially chilling. The "Description of Exact Circumstances of Offense" as given by the state's attorney in accordance with provision of Article Four, Illinois United Code of Corrections, this (dated April 14, 1978) stated the battery (committed on December 7, 1977) was against Mr. Waters' mother and that it included his beating her with a broom handle, breaking wall plaques over her head, cursing, urinating in her face, and demolishing her apartment. At that time he was on parole for the murder offense and he received a sentence of 364 days for the battery charge.
For his Class 3 Forgery (committed on April 12, 1985), Indictment #85 CF 456, Peoria County, Illinois, he was given a sentence of four years on November 15, 1985.
His other arrests in addition to those listed above were Case #83 CM 3125, Reckless Conduct and Battery (he repeatedly drove a motor vehicle into another occupied motor vehicle) in Peoria, Illinois, for which he received one year probation. He was convicted of trespassing after warning on May 24, 1985 in Clearwater, Florida, (FL 0520300 with bail forfeited); and with Driving Under the Influence in Collier County, Florida, (FL 011013J) on June 28, 1990, with ten days in jail, nine months probation, and $500 fine.
The office of the Travis County district attorney simply did not want to go with this case despite the record of prior convictions. Mr. Waters posted personal bond for $10,000 (probably American Atheist GHQ money!) when the indictment came down on July 7, 1994, and a hearing in the 147th District Court of Travis County, in re: State v. Waters #94-3723, was set for designation of attorney and trial setting on July 21 before Judge Wilford Flowers. The Grand Jury recommended that the bond be raised to $50,000, but this was ignored by the judge and by the office of the district attorney.
On July 21, the case was set for hearing in the 147th District Court of Travis County: called, then postponed to August 22,
called, then reset for September 9,
called, then reset to September 15,
called, then reset to October 3,
called, then reset to October 17,
called, then reset to November 7,
called, then reset to December 5,
called, then reset to January 23, 1995,
called, then reset to February 6,
called, then reset to March 13,
called, then reset to April 10,
called, then reset to April 24,
called, then reset to May 18,
called, then reset to May 22.
On two of these occasions, Mr. Waters' attorney did not even bother to come in to court, but the trial was set over each time anyway.
Mr. Waters appeared in open court on May 22 and pled guilty to the first count of "Theft/Habitual," and "True" to the second, third, and fourth counts of what are called his "priors." (See indictment statement, II, III, and IV.) He was scheduled then to come into court again on June 26, 1995, for sentencing. His attorney had been plea bargaining with the office of the district attorney, and it had finally been agreed that he would be given ten years probation, with full restitution. In Travis County, Texas, this is known as a "Deferred Adjudication." Repayment of the money is considered to be an element of the probation. If any agreed payment is missed, it would be considered a violation of probation and would result in "twenty-five years hard time." If he finishes his entire ten years of probation, the crime is not recorded — and he has no record.
A difficulty developed on June 26 when the Probation Department did not agree with probation for Mr. Waters because of his prior record. But the judge ruled ten years probation, with complete restitution. He also ordered drug screening, to which Mr. Waters' attorney objected. American Atheists asked for a restraining order against Mr. Waters since several of his "priors" involved violence. It also asked for interest on the money thefts. The judge declined both.
On July 5, the Travis County Community Supervision and Corrections Department advised that the probation officer assigned was to see Mr. Waters for the first time on July 6. He would remain on probation for ten years and was ordered to pay $550 a month to the Supervision and Corrections Department, which would keep $50 for costs of probation and send a check of $500 a month to American Atheists for restitution. During that period of time, he is cautioned to stay away from American Atheists and the Murray-O'Hairs, not contacting them in any way.
However, Mr. Waters has not even been asked what-in-the-hell he did with the money, or if he has any left. Now, if you stop to think of this deal, wouldn't you be willing to get about $55,000 in cash and pay it back in ten years at $500 a month, with absolutely no interest?
Meanwhile, as a result of Mr. Waters terminating the MCI accounts of the American Atheist organizations, it was discovered that interstate communications had been involved in his thefts. Mr. Waters ordered certain banks to make transfers of money by telephone, and that matter was reported to the U.S. Secret Service and the Texas office of the U.S. Attorney General. We await developments there.
Now, to answer a few of your questions. Yes, we had carefully checked the references which Mr. Waters had given to get his job. But currently, employers are so afraid of being sued that they will reveal nothing about an employee but dates of employment. Now, after the fact, there is indication that Mr. Waters' termination with one employer had been "involuntary."
Educational establishments will not give information any more. It was only after his indictment that Dr. O'Hair was able to trace Mr. Waters' education to the "in penal" classroom instructions in Illinois. Although Mr. Waters attended classes (for 26 hours of credit) given by McMurray College (Jacksonville, Illinois) and (for 26 hours of credit also) given by Southeastern Illinois College (Harrisburg, Illinois), neither college had advised (when contacted prior to his employment) that instruction had been while Mr. Waters was incarcerated in the Illinois penitentary system.
Aftermath
The American Atheist GHQ was left flat broke in April 1994 — with zero money in the bank. A significant part of the money which we had asked all of you to send to help with the legal costs in San Diego was a part of what was stolen. The total legal costs in San Diego were not paid in full and that obligation had to be met, which was done in part. There is still money owing.
The Murray-O'Hairs felt that it was unfair that the other employees lost ten days employment by virtue of being "laid off" by Mr. Waters, so the first obligation was to return them to the payroll and to pay them for the time they had not worked. This was a considerable hardship.
The organization was down by one expensive 486 computer, $70,000 in bonds, and $54,415 in cash withdrawn from the banks, all of the money from the cash register in the book store, and miscellaneous other items. Since the GHQ annual budget is about $500,000, this was approximately 25 percent of its 1994 income. The only thing to do was to work ourselves out of the hole, and so a book advertisement was hastily put together and mailed. But in the course of many, many twelve- and fourteen-hour days, the Newsletters often went out late. Our time was much taken up with the police, with the attorneys in the office of the district attorney, with contacting politicians concerned with the anti-Atheist bias in Texas. The Murray-O'Hairs have completed a travail of over fourteen months — just over the matter of the thefts from the National offices.
At the advice of the banks involved, every bank account had to be closed and new ones opened. This included personal checking accounts since checks had also been taken from the Murray-O'Hair home. Mr. Waters still has blank checks both from Jon Murray's check books and from the organizations' bank accounts. The legal authorities have never even "requested" the return of those checks.
Additionally, since Mr. Waters had had the keys of the GHQ and of the Murray-O'Hair home, all locks — and all security control codes — had to be changed.
The considered judgment currently is that American Atheists organizations cannot seek employees through regular avenues, hiring them to work in an Atheist office, nor even depend on the assertions of persons who seek out American Atheists and say they are Atheists. Any time at all that it is necessary for all of the officers to be out of the GHQ, it will be closed down. No one can be left unsupervised by the organizations' officers. Because of the time consumed in the matter, the attention diverted away from the purposes of the organizations, and the loss of funds as well as the subsequent decline in income, it became necessary to put the entire remaining office staff on half-time. For-profit corporations cleverly call this "downsizing," but for American Atheists, it hurts. The American Atheist GHQ has been operating for months 1995 with its employees working a twenty-hour week, not a forty-hour week. This simply means that the three Murray-O'Hairs work longer hours to make up for that labor loss.
After the June 26 hearing, when the judge declined to issue a restraining order against Mr. Waters, although several of his "priors" involved physical violence, it was decided that a seven foot steel-link fence must be erected around the GHQ building and land. The cost of this is over $6,100, which American Atheists can ill afford.
With a very bad year behind it, American Atheists now hopes to be able to turn to the overwhelming problems at hand with the attempts of the religious conservatives to take over the nation. The Murray-O'Hairs need a little time to "breathe free" and will be up and going about Atheist business again before the summer is out.
We hope you understand how hard it has been; how betrayed we have felt; how discouraged with "law and order" this makes us feel; and how determined we are to increase our efforts. We were more discouraged because we could not come to you with this tale of woe until Mr. Waters was found guilty, for fear of a libel suit from the "alleged" theft.
Prior to this incident, American Atheists has had — as have other employers — the ordinary run-of-the-mill thefts: pens, pencils, erasers, rulers, pads of paper, scissors, staplers, books, typewriters, chairs, and mailing lists. It has had vilification campaigns mounted against it. It has been the target of two serious harassment suits. The political attacks against it have been unending. This is all standard against a hated cause organization.
But what was the problem here — why the serious delay, the malhandling, the ludicrous terms of repatriation? The answer is simple. Texas is a theocracy. In Texas, every appointed or elected official (such as police officers, attorneys in the district attorney offices, judges, and court clerks) are sworn into office with a statement that they shall do their duties, "So help me God." Every juror, while on the jury venire, must swear "to give true answers" regarding their qualifications for jury service, "So help me God." The same appertains in criminal trials.
Back in 1984, American Atheists won a six-year legal battle to have another part of the Texas Constitution declared to be unconstitutional under the Constitution of the United States. The judgment finally won in the United States District Court for the Western District of Texas, Austin Division, declared that Article I, Section 4 of the Texas Bill of Rights was "void and of no further effect in that it is in violation of the Establishment Clause of the first Amendment of the United States Constitution." That provision was:
No religious test shall ever be required as a qualification to any office or public trust in this State; nor shall anyone be excluded from holding office on account of religious sentiments, provided he acknowledge the existence of a Supreme Being.
But because of the Waters incident, American Atheists was faced with the evidence that the attorney general of the State of Texas had failed and refused to distribute information regarding the fact that Article I, Section 4 of the Bill of Rights of the Texas Constitution "is void and of no further effect." In addition, West Publishing Co., which publishes Vernon's Texas Constitution Annotated, decided that it would not publish the decision because it was "an agreed judgement" (i.e., signed and approved by all, including the federal district court judge) and because of "the age of the judgment." This, of course, meant that no one in Texas knew that Article I, Sec. 4 was "void and of no further effect." All persons and government agencies are still operating on the constitutional demand for the exclusion of Atheists in Texas government.
It should be added here that the judge involved in the Waters matter was Wilford Flowers, in the 147th District Court of Travis County. A number of years ago, when Dr. O'Hair was called to jury duty by Judge Flowers, she held a news conference and, sitting in the lobby of the American Atheist General Headquarters, set fire to the jury summons. She refused to respond to it because of the requirement that every prospective or seated juror, as well as every judge, must have a god belief in Texas.
Judge Flowers refused to recuse himself in the Waters matter although it was felt by the Murray-O'Hairs that he obviously had to be biased. The only publicity he had ever received during his term of office had been with Dr. O'Hair's refusal to sign on for jury service in a theocratic legal and judiciary system.
It was necessary then to make an effort to see (at least) that the attorney general's refusal to provide information as to Article I, Sec. 4 of the Constitution would be corrected. To do that, the Murray-O'Hairs began with a demand that Attorney General Dan Morales set the record straight. During 1994 and early 1995, they contacted Mr. Morales, Governor George Bush, Lieutenant Governor Bob Bullock, U.S. Rep. Lloyd Doggett (D-IOth TX), Texas Senators Phil Gramm and Kay Bailey Hutchinson, the Civil Rights Division of the Department of Justice, and Janet Reno, the Attorney General of the United States. And the Murray-O'Hairs also went to the media, especially since the Austin, Texas, local newspaper had endorsed Dan Morales as he re-ran for the office of attorney general.
There is only one thing that can be said about these people — all of them. They are either indifferent, non-responsive, and evasive, or they are ugly and insulting.
One particular reply from the Civil Rights Division, U.S. Department of Justice, was classic:
It is always of interest for this Department to receive the views of private citizens concerning items of public interest. Your letter will become part of our permanent record.
We must admit this PO'ed Dr. O'Hair, and she called up the attorney who had written the letter and asked, "Just what in the hell is the meaning of this stupid reply?" Of course, there was no answer for that question.
American Atheist organizations and each member of the Murray-O'Hair family have challenged all of these restrictive Texas statutory and constitutional provisions. In each case they went up on appeal to the Supreme Court of the United States, and on each occasion have been unable to prevail. There is not one attorney in the state of Texas who will litigate these issues at this point. Texas is a theocracy and apparently nothing can be done about it. To speak of "equal justice under law" for Atheists in this state is a joke. Justice does not apply to Atheists.
American Atheists' accomplishments have been many, but still the greatest one has been that it has continued in existence. That says a helluva lot about the American culture. But it also reminds us of the poem written by Gerald Tholen (1929-1987), for many years the vice president of American Atheists:
The Atheist Alamo
If you ever go to Texas
Where they like a damn good fight
And you want to see some history
done To fashion matters right
When you've gone from San Jacinto
Where the massacre was won
To Goliad where heroes died
Your journey's just begun
For valor wasn't conquered
At the mission Alamo
So head yourself to Austin
There's a place you ought to go
To a little fort on Hancock Street
Whose walls refuse to fall
And the battle there that's raging
Is the greatest one of all
It's the fight to free the human mind
From religion's tyranny
And the courage of the sieged within
Is courage fit to see
As bold defiant volleys rise
From ramparts barely manned
Religion's paying dearly
As they charge this rebel band
And no matter what the world will face
As ages come and go
Each noble mind will yet recall
This Atheist Alamo.
D.A. #94-1526/PID#0296106/MC#258943 No. 0943723
The State of Texas Vs. David Roland Waters
Indictment Theft/Habitual
Bond $
In The 147th Judicial District Court of Travis County, Texas
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of Travis, state of Texas duly selected, empaneled, sworn, charged, and organized as such at the July Term A.D. 1994 of the 147th Judicial District Court for said County, upon their oaths present in and to said court at said term that David Roland Waters on or about the following dates, and before the presentment of this indictment, in the county of Travis, and State of Texas, did then and there knowingly and intentionally unlawfully acquire and otherwise exercise control over property, namely lawful United States currency, of Jon Murray, the owner, without the owner's effective consent, and with intent to deprive said owner of said property:
| DATE | AMOUNT |
| April 8,1994 | $12,000 |
| April 6,1994 | 31,715 |
| April 5,1994 | 2,500 |
| April 4,1994 | 1,200 |
| March 30,1994 | 7,000 |
And the Grand Jury aforesaid, upon their oaths aforesaid, at said term does further present that all of said amounts as alleged in each paragraph were obtained pursuant to one scheme and continuing course of conduct and that the aggregate amount totals more than twenty thousand ($20,000.00) dollars but less than one hundred thousand ($100,000.00) dollars.
PARAGRAPH II
And the Grand Jury further presents that previously David Roland Waters had been convicted of the following felony offense:
of Forgery, on November 15, 1985, in Cause No. 85-CF-456 in the Circuit Court of the tenth Judicial Circuit of Peoria County, Illinois;
which conviction had become final before the commission of the offense alleged in the preceding paragraph.
PARAGRAPH III
And the Grand Jury further presents that previously David Roland Waters had been convicted of the following felony offense:
of Battery, on April 13, 1978, in Cause No. 77-CF-6928 in the Circuit court of the tenth Judicial Circuit of Peoria County, Illinois;
which conviction had become final before the commission of the offense alleged in the preceding paragraph.
PARAGRAPH IV
And the Grand Jury further presents that previously David Roland Waters had been convicted of the following felony offense:
of Murder, on March 25, 1965, in Cause No. 65-CR-3 in the Circuit Court of Christian County, Illinois; which conviction had become final before the commission of the offenses alleged in the preceding paragraphs,
against the peace and dignity of the state.
Billy Pannell
Foreman of the Grand Jury
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