UPDATE: The July 4, 1961 Dead Horse Pt. Murders—Is THE NATIONAL ARCHIVES Withholding Evidence in an UNSOLVED MURDER? — by Jim Stiles (ZX#25)

383 pages of information but a 39 MONTH delay???

A NEW UPDATE: SEPTEMBER 9, 2022, THE NATIONAL ARCHIVES has DENIED my request for an expedited review.. MORE SOON on this…I AM NOT ABOUT TO GIVE UP. IF WE HAVE READERS WHO HAVE ANY CONNECTIONS TO A U.S. CONGRESSPERSON or to SOMEONE IN THE MAJOR MEDIA, LET ME KNOW…JS (But please read this story any way…you need to know the FACTS….Jim Stiles

Zephyr Readers,

I’m posting a second “Extra” this week, because I want to keep you informed of The Zephyr’s efforts to acquire more documents and information related to the terrible crime that was committed on July 4, 1961. The double murder/kidnapping was covered extensively in The Zephyr via these two articles. Here are hot links that will take you directly to them.

July 4, 1961: Murder & the Enduring Mystery at Dead Horse Point

60 Years later: Still Searching for Dennise Sullivan

For those of you who have followed the story, you’ll also know that I have spent more than a year filing Freedom of Information Act requests with the federal government. The 1961 murders were capital crimes and because the body of one of the victims, 15 year old Dennise Sulivan, was never found, it is still an open case.

But incredibly every report, every document related to that crime was gone. In a response to an Open Records Act request with the Grand County Sheriff, that office advised me that all records had been destroyed or possibly sent to the FBI. I filed a FOIA with the Bureau. The FBI also advised me that the records had been destroyed, or possibly transferred to the National Archives. They suggested I send a FOIA to them. And so 14 months ago, I sent a FOIA to the NARA (National Archives and Records Administration).

I was assigned a temporary case number and told not to expect a reply for at least six months and that if I did send additional correspondence, it would cause even more delay. After six months, I wrote again. Now NARA assigned me a permanent file number and I waited another six months. Then I wrote again. Finally, on August 11, 2022, I received a notification from Jason Mincey, an “archives specialist” at NARA. He wrote in part:

I am writing in response to your Freedom of Information Act (FOIA) request of July 26, 2021, for records in the custody of the National Archives and Records Administration. Your request was received in this office on July 30, 2021, and assigned FOIA tracking number RD 66082, interim tracking number RF-931.

You requested access to FBI file 7-HQ-9942 regarding an incident that occurred near Moab, Utah on July 4, 1961, involving Abel Aragon, Jeanette Sullivan, Charles Boothroyd and Dennise Sullivan. Our initial assessment is that Denise Sullivan and Able Aragon are the subjects of the records, created in July 1942, and consisting of an estimated 383 pages.

Finally, on August 11, 2022, I received a notification from Jason Mincey, an “archives specialist” at NARA. for information protected from release under the FOIA

Your request does not exceed 700 pages, so it is assigned to our first-tier processing queue. Taking into consideration our existing backlog, we estimate it will take 39 months to complete processing (emphasis added).

Once we notify you that processing is complete, you may either visit our College Park, MD facility to view the file at no cost, or order a reproduction. Our current fee for reproductions is 80 cents per page, so we estimate the total cost will be $306.40.

We also conducted a search of all available indexes transferred to the National Archives for Abel Aragon, Jeanette Sullivan, Charles Boothroyd and Denise Sullivan and were unable to identify any other FBI case files responsive to your request in our holdings.

If you are not satisfied with our action on this request and would like the opportunity to discuss our response, you may contact our FOIA Public Liaison for assistance…”

*****

THIRTY NINE MONTHS….I immediately wrote back to Mr. Mincey but he never replied. It was apparently beyond the scope of his responsibilities and interest and so I utilized the email address he provided .

A representative of that office, Rebecca Calcagno, replied. In part she wrote:


“Our office receives an average of 1,300 FOIA requests each year. For each request, the number of pages to review ranges from 1 page to over 10,000 pages. Per FOIA law, staff have to conduct a line by line review of each page. Requests are placed in a processing queue based on the volume requested and processed on a first-in, first-out basis. We do this to ensure all requesters are treated fairly. I apologize that our processing time is longer than you had hoped. We share your frustration, but have limited resources. We believe in our agency’s mission to provide access to the records in our custody and are trying our best to make that happen.”


However, Ms, Calcagno further explained, “In accordance with 36 CFR 1250.28, the National Archives and Records Administration may, at its discretion, expedite the review of records requested under the Freedom of Information Act and move a request to the head of a FOIA processing queue, if the requester meets one of the following criteria…”

After reading the four criteria that she listed, my request to expedite easily met the requirements of two of them. This is the email I sent to the email address she provided, on September 1:

To whom it may concern,

This is a request for an expedited review of FOIA tracking number RD 66082

I was notified by the NARA that the review of my FOIA request will take 39 months. I was also advised that, in accordance with 36 CFR 1250.28, the National Archives and Records Administration may, at its discretion, expedite the review of records requested under the Freedom of Information Act and move a request to the head of a FOIA processing queue, if the requester meets one of the following criteria.

I am requesting the review be expedited based upon two of the stated criteria. They are:

An urgent need to inform the public about an actual or alleged Federal Government activity (this applies only to those requests made by persons primarily engaged in disseminating information to the public); or
The subject is of widespread and exceptional media interest and the information sought involves possible questions about the government’s integrity that affect public confidence.

My request is for police reports and law enforcement investigations by agencies including the Federal Bureau of Investigations, related to a double murder and possible kidnapping that occurred on July 4, 1961— more than 61 years ago.

On that evening a couple named Jeannette Sullivan and her companion Charles Boothroyd were held at gunpoint along a deserted stretch of gravel road in a remote section of southeast Utah near Dead Horse Point State Park. When Ms. Sullivan refused to cooperate, the assailant, Abel Aragon of Price, Utah, fatally shot Ms. Sullivan in the head. He then critically wounded Mr. Boothroyd, shooting him twice at point blank range in the face.

Ms. Sullivan’s 15 year old daughter Dennise was in her mother’s car, witnessed the murder of her mother, and attempted to escape in the car, though she did not know how to drive. Aragon pursued her in his own car, and forced her from the road. Dennise Sullivan was never seen again.

Three days later, at 10PM on July 7, 1961, Aragon, now a prime suspect, was stopped by two Federal Bureau of Investigation special agents at a roadblock near Crescent Junction, Utah. Before the agents could react, Aragon shot himself in the head and died an hour later. Dennise Sullivan was not in the car and her body was never found.
This presumed double murder and the mystery of the daughter’s disappearance made national headlines. The FBI took the lead in the case, and in the search for Aragon and Dennise Sullivan, and as noted, attempted to arrest Aragon before he committed suicide.

Despite the horrific nature of the crime, all efforts to locate the reports filed by local law enforcement via Open Records requests with the State of Utah and via a FOIA request with the FBI have been unsuccessful. They could not find any records related to a capital crime in their files, despite the fact that the case is still open, 61 years later.

But the FBI did indicate that there might be records in the possession of the National Archives. And so I filed a FOIA with the NARA. After a year-long search for records, the NARA notified me last week that they had indeed recovered 383 pages related to Dennise Sullivan, the missing girl, and her killer, Abel Aragon.

Those records may contain more than just cursory information; they could provide vital evidence to help determine Dennise Sullivan’s final fate. To withhold this information is like withholding evidence in an unsolved crime. The documents might be able to prove, via evidence found in his car, whether Aragon actually kidnapped Dennise Sullivan, or whether she died at the scene where she was forced from the road. All those reports are gone, but might be among the documents in the possession of the NARA.

I am the founding publisher of The Canyon Country Zephyr, a periodical that has been published continuously for almost 35 years. My 35,000 word stories about the crime and the different theories about Dennise Sullivan’s fate have generated tens of thousands of reads by persons interested in the story. And as I mentioned, the crime was of national interest when it occurred, and was on the front page of every daily newspaper in the country.

Though my main story is over 25,000 words long, this link to the followup includes a summary and may help you understand why it is so important that the 383 pages of documents be made available.

STILL SEARCHING FOR DENNISE SULLIVAN—60 YEARS LATER

In addition, the surviving sister of Dennise Sullivan and the two granddaughters of Charles Boothroyd have worked closely with me for the last year to provide any additional information they might have. After all these years, the mystery of Dennise still haunts them and I am trying to do everything in my power to help bring closure to the families. They are in their 70s and not in the best of health. Telling them to wait another 39 months to release the documents is like saying they may go to their own deaths, waiting for the 383 pages to be released.

In conclusion, I believe that the information I have provided you more than meets the criteria for an expedited review that I listed above.

Thanks in advance for your consideration.

Sincerely,
Jim Stiles, publisher
The Canyon Country Zephyr

According to their email, they have 10 calendar days to reply. We will see what happens next and I will keep Zephyr readers and other interested parties informed. I have written to the Salt Lake City office of the FBI in the past, but never received a reply. Nor has local law enforcement taken an interest. I am hoping that the more light we can shine on this awful tragedy, the more we can hope that someone with the authority to pursue the truth will take up the cause as well.