Twenty-three years after Kathleen Smith's storied Tempe murder, a footprint will loom large in her alleged killer's upcoming trial

On the morning of October 5, 1984, Lisa Pickett, 14, let her three cats outside of her mother's condo on West University Drive in Tempe, east of Hardy.

Lisa's maternal grandmother, retired nurse Ina Weisbaum, had been staying there, and the pair liked to keep an eye on the pets to make sure they didn't stray.

Lisa lived in Unit 111, in the southeast section of the SceneOne Condominiums, a few minutes west of the Arizona State University campus.

She was just inside the condo when her grandmother came in to report that she'd heard an odd noise and suspected the cats were fighting.

The two went back out to see what was up.

"I heard something like a slamming of the door," she said later. "I turned around and I saw this man coming out of Kathleen's apartment."

Kathleen was Kathleen Marie Smith, a 20-year-old who lived alone in Unit 110, about 20 feet around a corner.

Lisa Pickett hadn't actually seen the man close Kathleen's door, but he had come toward her and her grandmother directly from the area of 110.

"He saw me, and all of a sudden he just took off running from her door around in front of my apartment on the sidewalk," Lisa said. "My grandmother was in this little pathway between the two apartments, and he had almost practically knocked her over because he stepped in the flowerbed."

Lisa and her grandmother described the man as blond-haired, fair-skinned and wearing red shorts, a white T-shirt, and sneakers.

The guy had seemed familiar to Lisa. "But it was not a face who was around a lot," she said. The man didn't have facial hair, she said, a noteworthy observation in light of what followed.

Ina Weisbaum told a private investigator in 1985, "He was just a madman, boy. I've never seen anybody move so fast in all my life."

She made another point that would come into play more than two decades later, long after her death in 1994: "His foot was in the mud here and I thought, 'Oh, my God, what big feet.' That was what come into my mind."

Right after the man vanished into the 120-unit complex, Lisa and her grandma became distracted by the sight and smell of black smoke seeping out of Kathleen's front door — the only way in and out of Unit 110.

Lisa tried to open the door, but it was locked.

Other neighbors had rushed over when two engine companies from the Tempe Fire Department reached the scene at 10:42 a.m.

Firefighters broke down the door and entered the burning condo. They quelled the fire within minutes, but the thick smoke didn't allow them to immediately see a body on a floor near the laundry room.

Then they did. Two firefighters carried the obviously dead victim outside to a sidewalk. It was a young woman whose face had been burned beyond recognition.

Eerily, though, a gold necklace with a pendant that said "Spoil Me" had remained intact around her charred neck.

The firefighters found her face-up, and her back seemed mostly unscathed by the flames and intense heat. The victim also had a deep, fresh wound to the back of her head, as if someone had bludgeoned her.

Tempe fire investigator Al Haeberle entered the smoldering condo. He saw the body of a small, gray cat that had died on the dining room floor, apparently of smoke inhalation. A parrot also was dead, at the bottom of its cage.

The investigator also found a burned Clorox bottle in the laundry room that smelled strongly of gasoline.

As for the fleeing man's "big foot," Lisa Pickett and her grandmother directed authorities to his footprint, saying they saw him make it in the wet flowerbed. It was if he'd stuck his hand into a freshly poured sidewalk at Grauman's Chinese Theatre in Hollywood.

Though police generally find eyewitness testimony flawed, that kind of identification seemed different.

A crime-scene technician placed a ruler next to the pristine print and took black-and-white photographs.

Now, 23 years after Kathleen's murder — one of the highest-profile crimes in Tempe history — that footprint will loom large at the trial of her alleged killer, 47-year-old Robert Ortloff.

Trial testimony is scheduled to start February 13 in Maricopa County Superior Court Judge Warren Granville's courtroom.


As Robert Ortloff's trial gets started, nagging mysteries and contradictions about him and his murder case remain. Some things can be sorted out; some cannot.

Veteran Deputy County Attorney Noel Levy will have the task of trying to prove to a jury that Ortloff is guilty of first-degree murder, arson, and burglary.

Levy may be right when he claims that Ortloff is an evildoer who deserves to spend the rest of his days behind bars (prosecutors decided to drop the death penalty last year after originally filing the case as a capital crime).

But reasonable doubt blankets this case as densely as the terrible smoke that enveloped Kathleen Smith's condo so long ago.

For starters, there's the footprint in the flowerbed that police long believed was made by Kathleen's killer.

"There was reason to believe that the assailant left a footprint in the muddy flowerbed outside Lisa Pickett's apartment?" Ortloff's attorney, assistant public defender Dan Patterson, asked original Tempe case agent Hal McCormick last year.

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  • Carolyn L Blodgett-Morris 06/30/2009 4:38:00 AM

    As I have done periodically since my sister was murdered, I put my sister's name into a search engine and what a shock to find this article about the murder of "Kathleen Marie Smith" and subsequent report of her murderer being convicted. I was rejoicing that her murderer finally brought to light... (and puzzled because the Maricopa County Homicide never contacted us) You see, my sister's name was also Kathleen Marie Smith, but, she was murdered in 1986... So, once again, my hopes were dashed only a couple of minutes after being elated at the thought of my sister Kathleen Marie Smith's murderer being made to pay for his crime!! Thanks anyway... for the brief moment of finally solving my sister's murder...

  • imagine 10/18/2008 8:32:00 PM

    Fred Tokars was a scholar and a leader. Now that he is among all types, it is easy to confuse him with them. He was duped by his open and friendly manner toward the strays in this world, and he has paid dearly for it. Peace and Love go with you, Fred. Someone who knew you well.

  • GG 04/20/2008 5:16:00 AM

    It was one day shy of 23 years since Tempe police had asked Schibler how he'd known about the blow to Kathleen's head before it had become public information. During the session, Patterson asked Schibler, "What size of shoe did you wear back then in 1984?" "Nine-and-a-half, nine," Schibler replied. "Okay, all right," Patterson deadpanned. To be sure, Patterson will be posing that question again to Schibler at Robert Ortloff's trial. OoooOk~ WHY isn't ANYBODY questioning this mutha f***ker??? this is really p**ing me off that this man can make such a damning comment about the blow to her head, and it's not ever brought up again as the defense atty assures that it will... i think the subway shop owner did this, and they're pinning it on an innocent man, Maricopa County is well KNOWN for it's corruption and injustices, and for pre-determining guilt in trial cases. Innocent until proven guilty is a right they constantly violate, because in their minds, Ortloff was guilty LONG before he was convicted, ...man, what a shame

  • Jim R 03/06/2008 2:19:00 PM

    Great job on these stories, Mr. Rubin. Really enjoyed reading them.

  • Jeremy Spitzer 02/27/2008 6:12:00 PM

    I have been reading Rubin's stories for a long time, and to think of him being a lackey for a defendant is funny. The guy has personally made sure that a lot of bad guys get sent away----even more than a lot of prosecutors down there. He's a law and order guy with a lot of contacts in the police community. I enjoyed his stories on the case that's going on there, and I think that he wrote up that the defendant stole from his grandfather. Last time I looked, stealing from a family member is not first-degree murder, is it?

  • CP 02/27/2008 12:35:00 AM

    I think Paul Rubin is full of crap! He forgot to credit Robert Ortloff as his co-author. It's obvious to those of us familiar with the case which parts were written by Ortloff. What's in it for Rubin? Is he looking to become the next Johnny Cochrane? It is sickening the way Rubin pals around with Ortloff in court. Ortloff stole money from his grandfather!!! He is scum.

  • Sharon 02/14/2008 5:24:00 AM

    Fred Tokars should not be considered a reliable witness. He is a known liar. He is also known to only look out for his own interests. Tokars would say anything to improve his situation. Why would the prosecution embarrass themselves by using his false testimony? Sounds like the wrong guy is on trial. Congratulations to the reporter who has obviously put in a lot of hours, digging into this case.

  • Rachel 02/12/2008 2:35:00 PM

    Something is rotten in Denmark. This just doesnt add up. It looks to me like people with wealth and influence affected this investigation. If the author's representation of this case is accurate, they have the wrong guy. Looking forward to next week.

  • AVoice 02/10/2008 7:15:00 AM

    I agree WOW!! Looking forward to next week. The delay in the crime to prosecution is amazing. I hope whomever committed this crime is held responsible.

  • Angela Nevin 02/08/2008 4:15:00 AM

    A big wow on this story. Long, but read every word....Can't wait for next week

 
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