James Robert Cruz

Case record

Background

James Robert Cruz Jr. was a long-haul truck driver who resided in Columbiana County, Ohio, with his wife and daughter. Cruz was described as a truck driver involved in a rape-strangling pattern involving women, mostly prostitutes.

Dawn Marie Birnbaum was 17. She ran away from a boarding school located in Bangor, Maine on March 21, 1993. Birnbaum had been placed in the school after her mother had become fed up with her rebellious adolescent behavior. Birnbaum’s mother had hoped the school would be able to help with her daughter’s severe behavioral problems.

The offence

On March 24, 1993, three days after Birnbaum’s disappearance, her corpse was found. Her body had been placed in an area of rest between roads 26 and 550 of Pennsylvania and was discovered by a motorist.

At the scene, investigators noticed that a yellow nylon rope had been wrapped around the victim’s neck and tied in a “granny (style) knot.” Investigators also found that the victim’s hands had been bound with lengths of the same rope, and that she was nude from the waste down. Tire tracks leading away from the dump spot were discovered, and it was later determined that these tracks had been left by a large truck or semi.

An autopsy confirmed that the victim had been strangled with the length of rope left tied around her neck. During the collection of latent evidence, investigators determined that the victim had been raped, and they discovered two strands of black hair among the victim’s natural blonde hair.

Investigators found that Birnbaum’s murder was very similar to that of eight other women discovered near or around Ohio interstate truck stops. All of the victims were strangled and sexually assaulted, and most were found to be “lot-lizards” (trucker slang for prostitutes). Because Birnbaum had crossed state lines (before or after death), investigators contacted the offices of the Federal Bureau of Investigation. Investigators began comparing and linking evidence across jurisdictions, including tire tread casts and truck stop receipts.

Investigation

Investigators compared tire tread casts made at the scene with semis from various trucking corporations. They also examined thousands of truck stop receipts ranging from Bangor, Maine to Centre Clinton Counties (where the body was discovered). After hours and hours of research, investigators began to see a common thread, and the tire casts led them to a trucking business located in New Waterford, Ohio.

Investigators determined that the relevant semi was driven on a regular basis to Maine, and that the driver was James Cruz Jr. Investigators obtained a search warrant for the semi and obtained one long blonde hair from the passenger seat of the truck. Pennsylvania’s state crime lab determined that the single hair was a match to Birnbaum’s hair.

Because of the hair match, investigators obtained a court order forcing James Cruz to submit to blood testing for comparison to semen discovered in the vagina of the victim. Preliminary analysis indicated a 660 million-to-one match.

After Cruz’s arrest, a special task force was coordinated to try to prove Cruz’s involvement in an unsolved string of murders that plagued the area. Investigators were unable to obtain any SOLID evidence linking Cruz to any of the murders, and the cases remained open and unsolved. The string of prostitute murders along the highways of Northeastern Ohio stopped after Cruz’s arrest.

Arrest and custody

On September 8, 1983, five months after Birnbaum’s body had been discovered, James Cruz Jr. was placed under arrest at his employer’s corporate office located near the Ohio/Pennsylvania border. Cruz was 36 at the time of arrest.

Cruz was accused of murder in the first, second and third degree, kidnapping, rape, involuntary deviate sexual intercourse (sodomy), robbery and theft by unlawful taking.

On September 10, 1983, Cruz was taken for arraignment in Akron Municipal Court. At the hearing, Cruz’s bond was set at five million dollars, the highest bond ever set in Summit County. Cruz’s wife said: “Death you can handle, this you don't”.

Trial

Cruz was charged with kidnapping, raping and murdering Dawn Marie Birnbaum of Maine. Her partially clad body was found in a snowbank near state Route 26 in Spring Township on March 24, 1993. Cruz pleaded not guilty.

In closing arguments, Centre County District Attorney Ray Gricar attempted to demonstrate how a 17-year-old runaway might have been killed using a simulated strangulation. Gricar wrapped and knottted a stiff, yellow rope around a dummy’s neck, set a timer in front of the jury, and let it count down four minutes. The jury watched a simulated strangulation during closing arguments.

Gricar said: “That's a long time to change your mind,” and he also said: “He wasn't surprised to hear she was murdered. If he's innocent, he should have been stunned.”

George Lepley, co-counsel to First Assistant Public Defender Deborah Lux, presented the defense’s closing argument. Lepley and Centre County Judge David E. Grine stressed that Gricar had to prove Cruz was guilty beyond a reasonable doubt. Lepley said: “You must hold the Commonwealth to that burden,” and “If you don't, there are dire consequences.” Lepley explained that proving someone guilty beyond a reasonable doubt was based on an assumption it was better to let 10 guilty men go free than to punish one innocent man, and said: “They're asking you to sit in this case and ultimately decide whether a man lives or dies,” and: “If you don't, there are dire consequences.” Lepley also said: “The prosecution had searched for evidence because it needed a conviction, not because it was acting in 'the right way,' Lepley said.” Lepley also said: “Look at the coincidences,”.

During the proceedings, a forensic scientist testified that DNA found in Birnbaum's underwear matched DNA taken from Cruz. Lepley and Gricar both said there was a one in 72 million chance that the DNA could have come from another Hispanic. Lepley emphasized that the sample might not have come from Cruz. Gricar cited testimony that “DNA is, with the exception of identical twins, unique to an individual.”

Lepley and Gricar gave varying interpretations about testimony concerning hairs found on Birnbaum’s body. Gricar said Cruz’s hair was “consistent microscopically” with the hairs, but Lepley said it did not prove anything beyond a reasonable doubt.

Lepley also presented a hypothetical scenario suggesting Birnbaum may have left Maine with, and been killed by, a truck driver she ran away with in 1992. Lepley and Gricar also gave differing interpretations about testimony concerning hairs found on Birnbaum’s body, and the prosecution’s case was argued as linking Cruz and Birnbaum through DNA, phone calls made by Birnbaum at a truck stop where Cruz refueled, dark hairs found on Birnbaum, a blond hair found in Cruz’s truck, and tire tracks matching tires on Cruz’s truck.

Cruz did not take the stand. Grine instructed the jury before deliberation not to infer he was guilty because he did not testify in his behalf.

Cruz, his wife and mother wore a gold “#1 Mom” necklace and sat unflinching throughout the arguments, speaking softly about their family during breaks.

Sentencing

On March 13, 1994, Cruz was sentenced to life imprisonment without possibility of parole after a judgment with jurors.

Appeals

No appeal information was provided.

Outcome

Cruz’s sentencing resulted in life imprisonment without possibility of parole on March 13, 1994.

The task force assembled to prove Cruz’s involvement in the unsolved prostitute murders was eventually disbanded, and investigators were unable to obtain any SOLID evidence linking Cruz to any of the murders. The cases remained open and unsolved. The prostitute murders along the highways of Northeastern Ohio stopped after Cruz’s arrest.

Timeline

• March 21, 1993 — Dawn Marie Birnbaum ran away from a boarding school located in Bangor, Maine.
• March 24, 1993 — Birnbaum’s corpse was found in Pennsylvania between roads 26 and 550; investigators noted rope tied around her neck, bound hands, and nude from the waste down; an autopsy confirmed strangulation and rape.
• September 8, 1983 — James Cruz Jr. was placed under arrest at his employer’s corporate office near the Ohio/Pennsylvania border.
• September 10, 1983 — Cruz was taken for arraignment in Akron Municipal Court; bond was set at five million dollars.
• March 13, 1994 — Cruz was sentenced to life imprisonment without possibility of parole.

Other details

• Cruz was described in case material as accused of murder in the first, second and third degree, kidnapping, rape, involuntary deviate sexual intercourse (sodomy), robbery and theft by unlawful taking.
• Cruz was held in Summit County Prison outside of Akron, Ohio, on $5 million bail before being brought to Centre County.
• Pennsylvania authorities had 10 working days to pick Cruz up and bring him back to Pennsylvania to face charges.
• A preliminary arraignment was scheduled to read charges and ask Cruz to enter a plea.
• Centre County District Attorney Ray Gricar said he would request that no bail be set for Cruz because it was a capital case involving a possible death penalty and cited a Pennsylvania constitutional rule that no bail should be set for capital cases.
• Cruz waived his extradition hearing in Akron, Ohio.
• Gricar said it was “extremely rare that anyone contests extradition,” and stated: “It is extremely rare that anyone contests extradition,” Gricar said.
• Gricar said Cruz probably did not fight extradition because of the evidence against him and said: “It is extremely rare that anyone contests extradition,” and: “Cruz probably did not fight extradition because of the evidence against him.”
• During the jury proceedings, Gricar attempted to demonstrate a time to kill by strangulation using a timer set for four minutes.