Porter County Sheriff's Department

Please Help Us Locate This Missing Woman

LORRAINE A. KIRKLEY

Kirkley disappeared from her rural Valparaiso homesometime during the evening of Wednesday, July 21, 1999, along with her Green 1994 Ford Explorer.  The Ford was located on Saturday, July 24, at approx. 6AM after it had been set on fire in a LaPorte County cornfield.  Investigators are working with clues left behind at her 389 Larimar Trail home located in the rural Valparaiso subdivision known as Hunter's Pointe. Sheriff's detectives along with investigators from the Indiana State police have launched a full scale investigation both on the ground and in the air.  Police believe she was abducted sometime after she returned from her shift as a nurse at the Northwest Indiana Heart Center and before her husband Robert returned home at 10 PM.

HOW TO HELP:

Anyone with information regarding the disappearance of Lorraine A. Kirkley is asked to call the Porter County Sheriff's Department at: (219) 465-1515

Kirkley, 34, who also goes by Lorie, has hazel eyes and reddish brown hair.  She is 5 foot 5 inches tall and weighs 135 pounds.  She was last seen wearing cranberry "chino" style pants and a cranberry striped short sleeve sweater.

Investigators Make Arrest In Case

Dave Malinksi is escorted to trial by Sheriff's Police

From the Times Newspaper

Even though the body of missing rural Valparaiso resident Lorraine Kirkley hasn't been found, police said the evidence shows she was murdered and that prime suspect David Malinski killed her.  As a result, prosecutors on Wednesday filed a murder charge against Malinski, 33, of Chesterton.  Malinski faces life in prison if convicted. No decision has been made about whether to seek the death penalty, Chief Deputy Prosecutor Brian Gensel said.  Police say they aren't sure why Malinski killed Kirkley, a 34-year-old nurse he worked with at Porter Memorial Hospital. But court documents filed Wednesday indicate Malinski murdered Kirkley because she caught him burglarizing her home.  According to court documents, Kirkley's home was burglarized Feb. 2 and again July 21, when she disappeared after returning home from work.  Two days after the burglary, a plastic bag found on Chandana Point property in Valparaiso was turned in to county police. The bag contained the keys to Kirkley's vehicle and an anonymous note addressed to Kirkley's husband.  The author said in the note "that he killed Lorraine Kirkley because she recognized him during the July 21 burglary. The author further described Lorraine biting his right middle finger during the confrontation," according to court documents.  Malinski was arrested four days later when his wife called police and listed him as a suspect. When police took Malinski into custody, they found what appeared to be a bite wound on his finger.  Court documents state that Malinski "admitted to being the author of the note placed in a bag at Chandana. The discussion about the Chandana note was initiated by David Malinski; investigators never acknowledged the existence of the bag, its contents or the note.  "Malinski further stated to investigators that blood found at the Kirkley residence was Lorraine's and that he was responsible for it. He also stated that blood found on the carpet at his house was Lorraine's," court documents state.  Police said Malinski has changed his story throughout the investigation. Even though he admitted authoring the note, police said he still maintains that he didn't abduct and kill Kirkley.   Malinski has been in jail since July 27, the day his wife tipped off police that he may be involved. Malinski was initially jailed on charges that he twice burglarized Kirkley's home and also stole and burned her vehicle after the second burglary.  Malinski was expected to be able to bond out of jail on those lesser charges today. But with the murder charge being filed, Malinski will not be able to bond out.  Gensel acknowledged that the murder charge was filed Wednesday so Malinski couldn't bond out of jail as expected. He described Malinski as a threat to the public if released.  But Malinski's attorney, John Martin, said he finds it curious that police have ignored  the fact that Malinski denied abducting and killing Kirkley, yet they are basing their murder case on a note which Malinski admitted writing but had an explanation for.  "The evidence here is so flimsy on this murder charge," Martin said. "The defense is adamant he did not do this and those matters will be explained."  Gensel, however, said police have more evidence than what is listed in the court documents. He is confident there is enough to convict Malinski on all the charges against him, including the murder charge.  Gensel said no decision has been made about whether an abduction charge will be added later.  Malinski will appear before Porter Superior Court Judge Roger Bradford this morning for his initial hearing on the murder charge, with the standard not guilty plea entered on his behalf. Then, attorneys from both sides expect the judge to issue a gag order preventing those involved in the case from further discussing it with the media.  Martin said he will seek to have a bond hearing set for a later date. Even though murder is generally not a bondable offense, Martin said exceptions are occasionally made in special circumstances.  After the brief hearing, Malinski will return to Porter County Jail, where he is in isolation on suicide watch. But his attorney said reports that Malinski is suicidal are ridiculous.  "This man, in my opinion, is not suicidal," Martin said.  He said reports that Malinski is mentally unstable are not true. Martin said Malinski took anti-depression medication periodically for mild depression, but he doesn't think that plays a role in the case.  Martin said Malinski should be in the jail's general population because, "I don't think he's a threat to anyone."  Both the prosecution and the defense said there have been no negotiations whereby Malinski would provide additional information, such as the location of Kirkley's body if he knew it, in exchange for a guarantee there would be no death penalty.  Police on Wednesday continued searching areas northeast of Chesterton where Malinski was known to frequent, but Kirkley's body wasn't found. Sheriff Dave Reynolds said psychics have contacted police to offer their services, but their offers have been declined.  Reynolds said police are in the process of "profiling" Malinski to better understand him and his actions. And he said detectives continue to develop more evidence that can be used to convict him.  "This isn't even close to being over," Reynolds said.

Photos tell story of Kirkley assault, torture

BY SUSAN BROWN Times Staff Writer September 3, 1999

VALPARAISO -- Prosecutors are seeking the death penalty against David Malinski of Chesterton in the apparent murder of Lorraine Kirkley, a cardiac rehab nurse whose disappearance July 21 has caused a massive police hunt for her body.  In a new development, it turns out Malinski himself may have handed police and prosecutors -- and the victim's family -- the key to how Kirkley died. Authorities have found photographs of Kirkley apparently taken after her abduction.  A gag order issued by Porter Superior Judge Roger Bradford in the wake of intense publicity surrounding the case prohibits anyone directly involved in the investigation from commenting to the media, except if her body is discovered.  But other sources said Thursday Malinski told a fellow inmate at the county jail that he had hidden photographs of Kirkley on a county road. The information was turned over to authorities, who found the photographs.  The photographs, said to be graphic, showed a handcuffed and gagged Kirkley being sexually assaulted.  Police, prosecutors and Malinski's attorneys declined to comment on the photographs, citing Bradford's gag order.  Prosecutors originally charged Malinski with burglary in connection with Kirkley's disappearance. But before Malinski could bond out of jail on those charges, prosecutors added non-bondable murder charges although Kirkley had not been found.  On Thursday, Malinski, 33, a Munster High School graduate and former standout football player for Munster and Ball State University, again appeared before Bradford to plead not guilty to new charges: criminal confinement, criminal deviant conduct and a death penalty request by prosecutors.  Charging documents state Malinski abducted his 34-year-old co-worker and took her to his residence where he forced her to submit to deviate sexual conduct, leading up to Kirkley's death.  During an initial hearing Thursday on the new charges, Bradford explained to Malinski that the death penalty request was supported by two aggravating circumstances: that Malinski intentionally killed Kirkley while confining her and that he killed Kirkley "after torturing her while she was alive."  Appearing well-groomed Thursday despite his orange jail garb, the tall, dark-haired Malinski remained composed while conferring with his defense attorney, John Martin of Valparaiso, and quietly entered his latest pleas of not guilty.  Depending on how Bradford responds to a request by Martin for a change of venue, Malinski's trial is set for Oct. 11.  If convicted of murder, Malinski faces three possible penalties. They include the death penalty, life in prison without parole or a maximum 65-year prison term.  Police on Thursday did not appear any closer to locating Kirkley's body despite a massive search involving divers, helicopters, bloodhounds and countless officers.

Body not Lorraine Kirkley's Dental records indicate body found near Angola not missing rural Valparaiso woman.
Published 09/07/99 10:47:22 PM
BY KEN KOSKY Times Staff Writer

Malinski's attorney seeks delay in trial Defense withdraws request for speedy trial in Kirkley murder case.

Published September 12, 1999
BY KEN KOSKY Times Staff Writer

VALPARAISO -- The attorney for David Malinski, the man charged with murdering Lorraine Kirkley, filed a motion Tuesday asking that the trial not begin as scheduled on Oct. 12.  Attorney John Martin withdrew his request for a speedy trial and asked that the trial be continued to a later date.  In court documents, Martin stated "that since the filing of the speedy trial request, the State has filed additional counts, including a death penalty request" and "that the defense will need additional time to prepare for trial."Porter Superior Court Judge Roger Bradford, in whose court the trial will be, did not immediately rule on Martin's request and did not set a hearing date.  Martin and the prosecution are under a court-issued gag order and therefore cannot comment on the motion.  When Martin on Aug. 5 got the judge to grant Malinski a speedy trial, it put pressure on police to find Kirkley's body and strengthen the case. It appeared to give Malinski an advantage. But now, the need for more preparation time apparently began to outweigh the advantages of a speedy trial for Malinski, 33, of Chesterton. Police still haven't located the body of Kirkley, 34, of rural Valparaiso, even though thousands of acres of land, several ditches and ponds, and many other locations have been searched.  Malinski has been charged with murder, criminal deviate conduct and criminal confinement. Court documents allege that on or about July 21, Malinski abducted Kirkley from her home, took her to his home and then sexually assaulted, tortured and killed her.  Malinski also has been charged with burglarizing Kirkley's home July 21, and of stealing her vehicle and burning it. He also is charged with burglarizing Kirkley's home Feb. 2.  Malinski and Kirkley were co-workers at Porter Memorial Hospital.  Malinski faces the death penalty if convicted of the murder charge. The prosecution has a list of 154 people who may testify against him during the three-week trial. A pre-trial conference in the case is scheduled for Monday in Bradford's court, but that could be canceled if the judge grants Martin's request that the trial be delayed. The trial will be in Porter County, but a jury will be brought in from outside the area to reduce the chance that jurors will be tainted by extensive publicity. A gag order remains that prohibits attorneys, police, witnesses and others from talking to the media -- also in an attempt to give Malinski a chance for a fair trial.

Search for Kirkley's body continues Family circulates new flier asking hunters and others to watch for body while in the outdoors.
Published September 12, 1999

VALPARAISO -- The family of Lorraine Kirkley, the rural Valparaiso woman who is missing and presumed murdered, is asking the public to keep an eye out for her body.  The family is distributing a new flier, which was seen Tuesday posted at the Porter County Sheriff's Department. The flier asks "all citizens to be vigilant in their fall nature walks, hunting and/or fishing trips. Special attention should be given to isolated areas such as ponds, streams, deserted roads and walking trails." The flier asks anyone who sees any evidence like a body or skeleton, or who sees what appears to be a burial site, to contact Porter County police.  Porter County police declined to comment about the flier, citing a gag order prohibiting those involved in the Kirkley murder case from talking to the media.But prior to the gag order being issued, investigators said they were searching wooded areas and ponds. Investigators said at that time that they stood a better chance of finding Kirkley's body once the hunters took to the rural areas for the autumn hunting season.  The new flier features a color portrait of Kirkley, a 34-year-old nurse and avid bicyclist. The flier also shows another photograph of her in her bicycling clothing. The flier reminds people that there is a $50,000 reward "for information leading law enforcement officials to the recovery of Lorraine Kirkley's body."  Even though Kirkley's body hasn't been found, prosecutors have charged Kirkley's former co-worker, David Malinski, 33, of Chesterton, with murder, criminal deviate conduct and criminal confinement. Court documents allege that on or about July 21, Malinski took Kirkley from her home, sexually assaulted, tortured and killed her.  Malinski also has been charged with twice burglarizing Kirkley's home and of stealing and burning her vehicle after the second burglary.  Malinski faces the death penalty if convicted of the murder charge. The three-week trial, scheduled to begin Jan. 24, will be in Porter County. But a jury will be brought in from outside the area to reduce the chance that jurors will be tainted by extensive publicity.  A gag order remains that prohibits attorneys, police, witnesses and others from talking to the media -- also in an attempt to give Malinski a chance for a fair trial.Anyone with information about the case is asked to call Porter County police at 465-1515 or 548-7294.

Inmates to testify against Malinski Prosecution adds the names of three Porter County Jail inmates to the list of 154 witnesses
Published September 15, 1999
BY KEN KOSKY Times Staff Writer

VALPARAISO - Three Porter County Jail inmates may be called to testify against murder suspect David Malinski during his trial next month. The inmates, Kenneth A. Livergood, Kelly J. Murphy and Michael G. Stephenson, have been added to the prosecution's witness list along with a jail officer and a member of the Indiana State Police.  The Times reported earlier this month that Malinski, who has been jailed in connection with the murder of 34-year-old Lorraine Kirkley of rural Valparaiso, told a fellow inmate he had hidden photographs of Kirkley being sexually assaulted and tortured. The Times reported that the information was turned over to police and that police found the photographs along a county road.  With the addition of the inmates and the others to the witness list, there are now 154 people on the prosecution's witness list who may testify against Malinski, 33, of Chesterton.  Porter County Detective Sgt. Joey Larr interviewed Livergood and Murphy, and the seven-page transcript of each interview has been turned over to the defense as required by the court's discovery order.  Even though Kirkley's body has not been found in the nearly eight weeks since her disappearance, Malinski has been charged with her murder. Malinski, Kirkley's former co-worker, has also been charged with burglarizing her home, stealing and burning her vehicle, and of confining Kirkley and making her submit to deviant conduct.  He faces the death penalty if convicted of the murder charge.  His three-week trial is scheduled to begin Oct. 12.  The trial will be held in Porter County, but a jury will be brought in from outside the area. Porter Superior Court Judge Roger Bradford got the prosecution and defense to agree to outside jurors in order to give Malinski a chance at a fair trial.  A gag order remains prohibiting attorneys, police, witnesses and others from talking to the media.

Malinski gets new trial date Man accused of murdering Lorraine Kirkley will stand trial starting Jan. 24
Published September 21, 1999
BY: KEN KOSKY Times Staff Writer

VALPARAISO -- The residents of Porter County were going to find out next month whether David Malinski would be found guilty of murdering missing rural Valparaiso resident Lorraine Kirkley.  But on Monday, with the murder trial only three weeks away, Porter Superior Court Judge Roger Bradford continued the trial until Jan. 24. Bradford made the decision after Malinski's attorney, John Martin, withdrew Malinski's request for a speedy trial and requested a continuance. Martin argued that he needed additional time to prepare for the trial.  The prosecution, which now has additional time in which to find Kirkley's body, did not object.The trial date of Jan. 24 was selected because defendants must be granted a trial date within 180 days of their arrest or be released while awaiting trial. Jan. 24 is the first business day following the 180th day, so Malinski will not be released.  A pre-trial conference is scheduled for Dec. 17. Any motions must be filed by Nov. 30 so they can be heard Dec. 20 and 21. The trial is scheduled to last three weeks.  Police still haven't located the body of Kirkley, 34, a Porter Memorial Hospital nurse, even though thousands of acres of land in several locations have been searched.  Malinski, 33, of Chesterton, has been charged with murder, criminal deviate conduct and criminal confinement. Court documents allege that on or about July 21, Malinski abducted Kirkley from her home, took her to his home and sexually assaulted, tortured and killed her.  Malinski has also been charged with twice burglarizing Kirkley's home, and of stealing and burning her vehicle after the second burglary. Malinski and Kirkley were co-workers at the hospital. Malinski faces the death penalty if convicted of the murder charge. The trial will be held in Porter County, but a jury will be brought in from outside the area to reduce the chance that jurors will be tainted by extensive publicity. A gag order remains prohibiting attorneys, police, witnesses and others from talking to the media -- also in an attempt to give Malinski a chance for a fair trial.

First Amendment group protests Malinski gag order Committee says order is too broad, interferes in rights of both the defendant and the media.
Published September 28, 1999
BY SUSAN BROWN Times Staff Writer

VALPARAISO -- The Reporters Committee for Freedom of the Press is urging Porter Superior Court Judge Roger Bradford to reconsider a controversial gag order imposed on the David Malinski murder case.  "We write to protest the broad extent and harsh effects of the Amended Restraining Order entered on September 9, 1999," state acting Executive Director Gregg Leslie in letter of protest sent to Bradford last week.  Bradford said Monday he hadn't had a chance to review the letter itself; but, based on what he'd heard, the order would stand for now. Bradford added, however, he was on his way to Indianapolis to attend an annual judges' meeting. "I might return with a whole new perspective on the issue," he said. Bradford said he now believes the potential of evidence being thrown out because of leaks to the press was less severe than that of the ultimate option: dismissing the case altogether.  Malinski, 33, of Chesterton was charged with multiple counts including murder and criminal deviate conduct in the apparent death of a co-worker, Lorraine Kirkley, 34, of rural Valparaiso. Kirkley's body has not been found.  Published reports of the existence of photographs that link Malinski to Kirkley's sexual torture and death prompted the defense to ask the court to sanction investigators and the press. Bradford denied the request, but said from the bench he had concerns that led to his amending the gag order to broaden the spectrum of people covered by the order. He also included an apparently unique twist: Leaked evidence could be thrown out of court.  In a letter sent to Bradford late last week, Leslie argued. "The Court has not explained what clear and present danger or serious and compelling threat to the judicial process justifies such an extraordinary order."  Leslie said the idea of throwing out evidence has never come to the organization's attention before. "We just don't see these because they're just not going to work," he said. "In every state there are strict rules of evidence," Leslie said. "The court can't just do it as a penalty for what the court considers improper behavior."  Leslie said not allowing evidence because it was leaked to the press is "not sufficient grounds and a violation of the defendant's fair trial rights."  But Bradford countered, "The state has a right to a fair trial as well as the defendant."  "What's the big deal about suppressing evidence?" he continued. "It's less severe than dismissing the case."   Bradford sought to clarify a point he believed had not been made clear: The suppression of evidence was not automatic. A hearing would be held to determine if there had been a leak, and if so, throwing out evidence was only one of several alternatives.  In addition to arguing Bradford failed to justify his order, Leslie maintained Bradford did not consider less restrictive measures nor did he narrowly tailor his order to address any "remarkable" circumstances that might justify his order. Bradford instead "announced a vast prohibition against all communication."  The letter says the order interferes with media rights in two ways: placing a reporter in a position to either threaten a party's rights in his courtroom or risk credibility by not reporting on litigation of great public interest.  Secondly, according to Leslie in his letter, the order eliminates the ability of the media to discuss any aspect of the case with all trial participants, even nonparties and nonattorneys. "In essence, the Court has decided to sequester not a jury but instead all lawyers, parties and witnesses from the public."  "What I wanted to do was get the sheriff department's and others' attention," Bradford said.  In addition to Bradford, the letter was sent to Porter County Prosecutor James Douglas and Malinski's defense attorney, John Martin of Valparaiso.  Refusing to read a copy of the letter provided for his comment, Douglas said, "I don't want to be quoted on press stuff."  Martin did not respond to requests for comment.  The Reporters Committee, located in Arlington, Va., was created in 1970 when the nation's news media were faced with a wave of government subpoenas asking reporters to name confidential sources.  What prompted the group's formation was a case involving New York Times reporter Earl Caldwell. Caldwell had been ordered to reveal to a federal grand jury his sources in the Black Panther organization. Among the Reporters Committee' founders and original members are such prominent journalists as Fred Graham, Jack Nelson, Ben Bradlee, Mike Wallace and Tom Wicker.  In the last 20 years, the Reporters Committee has played a role in every significant press freedom case that has come before the Supreme Court as well as hundreds of cases in federal and state courts.  Leslie said the letter to Bradford came about as part of a renewed effort to let judges know as soon as possible that there is a potential First Amendment problem. "It's best to get involved at the trial court stage rather than waiting until appeal."

Dozens search for Kirkley body Police comb fields, woods northeast of Chesterton
Published October 1, 1999
BY KEN KOSKY Times Staff Writer

PINE TWP. -- More than two dozen law enforcement officers, firefighters and others gathered Thursday morning northeast of Chesterton to search for Lorraine Kirkley's body.Although unsuccessful, the massive, all-day search demonstrated how Porter County police haven't given up hope of finding the remains of the 34-year-old rural Valparaiso woman who has been missing since July 21.  While authorities search for Kirkley's remains, the man accused of killing her, former co-worker David Malinski, 33, of Chesterton, remains in Porter County Jail awaiting trial.  Thursday's search of the rugged, rural terrain proved dangerous, as one FBI agent stepped into a swampy area and found himself waist-deep in black muck. Luckily, the agent was carrying a rod with a hook at the end of it. He was able to latch onto some nearby logs and solid ground, then pull himself to safety.  "If I hadn't had that hook, I never would have got out," he told other searchers.  None of the searchers could speak to the media because of a gag order issued by the judge who will preside over Malinski's murder trial, but media members stood at a distance and observed the search.  The searchers spent the day standing shoulder to shoulder and walking straight ahead, ensuring they checked every inch of every field or wooded area they were searching. Whenever anyone found a patch of ground that looked suspicious, they marked it with an orange flag.  Porter County patrolman Charles Douthett had his bloodhound Samantha in the area to sniff suspicious areas for the scent of a decomposing body. Each time the searchers finished one area, they would gather together and pick burrs off their clothing. Douthett would line them up again, then motion them to begin another search.  The search drew the attention of a few people in the rural area. Glenn Nicholson, who owns property in the area, told The Times he mowed down the area around his pond, but didn't see anything suspicious.  The search was the last major search before today's opening of archery hunting season. Hunters can also begin using firearms Nov. 13.  Police hope that a hunter or someone out on a fall nature hike might find Kirkley's body or an area of disrupted ground that looks like a grave. A $50,000 reward remains active for anyone who finds Kirkley's body.  Police are expected to continue searching various areas, hoping to find Kirkley before Malinski's murder trial begins Jan. 24. Anyone with information about the case is asked to call Porter County police at 465-1515 or 548-7294.

Anyone who may have seen Malinski while he was in possession of Kirkley's Hunter Green 1994 Ford Explorer or at any time since her Wednesday July 21 disappearance, is asked to contact the Porter County Sheriff's Department at (219) 465-1515.

A Chesterton businessman, Brian Busch, has added $25,000 to the reward fund.  Kirkley's family had already established a $30,000 fund for information leading to her return. Other sources now make the total amount over $60,000. Anyone with tips can call the Sheriff's Department at (219) 465-1515 or contact Crime Stoppers at 1-800-342-STOP. Maybe you saw something important.  Authorities are asking for your help.