It might have been anyone’s bad summer, anyone’s siege of heat and nerves and migraine and money worries, but this one began particularly early and particularly badly. On April 24 an old friend, Elaine Hayton, died suddenly; Lucille Miller had seen her only the night before. During the month of May, Cork Miller was hospitalized briefly with a bleeding ulcer, and his usual reserve deepened into depression. He told his accountant that he was ‘‘sick of looking at open mouths,” and threatened suicide. By July 8, the conventional tensions of love and money had reached the conventional impasse in the new house on the acre lot at 8488 Bella Vista, and Lucille Miller filed for divorce. Within a month, however, the Millers seemed reconciled. They saw a marriage counselor. They talked about a fourth child. It seemed that the marriage had reached the traditional truce, the point at which so many resign themselves to cutting both their losses and their hopes.
But the Millers’ season of trouble was not to end that easily. October 7 began as a commonplace enough day, one of those days that sets the teeth on edge with its tedium, its small frustrations. The temperature reached 1020 in San Bernardino that afternoon, and the Miller children were home from school because of Teachers’ Institute. There was ironing to be dropped off. There was a trip to pick up a prescription for Nembutal, a trip to a self-service dry cleaner. In the early evening, an unpleasant accident with the Volkswagen: Cork Miller hit and killed a German shepherd, and afterward said that his head felt “like it had a Mack truck on it.” It was something he often said. As of that evening Cork Miller was $63, 479 in debt, including the $29, 637 mortgage on the new house, a debt load which seemed oppressive to him. He was a man who wore his responsibilities uneasily, and complained of migraine headaches almost constantly.
He ate alone that night, from a TV tray in the living room. Later the Millers watched John Forsythe and Senta Berger in See How They Run, and when the movie ended, about eleven, Cork Miller suggested that they go out for milk. He wanted some hot chocolate. He took a blanket and pillow from the couch and climbed into the passenger seat of the Volkswagen. Lucille Miller remembers reaching over to lock his door as she backed down the driveway. By the time she left the Mayfair Market, and long before they reached Banyan Street, Cork Miller appeared to be asleep.
There is some confusion in Lucille Miller’s mind about what happened between 12:30 a. m., when the fire broke out, and 1:50 a. m., when it was reported. She says that she was driving east on Banyan Street at about 35 m. p. h. when she felt the Volkswagen pull sharply to the right. The next thing she knew the car was on the embankment, quite near the edge of the retaining wall, and flames were shooting up behind her. She does not remember jumping out. She does remember prying up a stone with which she broke the window next to her husband, and then scrambling down the retaining wall to try to find a stick. “I don’t know how I was going to push him out,” she says. “I just thought if I had a stick, I’d push him out.” She could not, and after a while she ran to the intersection of Banyan and Carnelian Avenue. There are no houses at that corner, and almost no traffic. After one car had passed without stopping, Lucille Miller ran back down Banyan toward the burning Volkswagen. She did not stop, but she slowed down, and in the flames she could see her husband. He was, she said, “just black.”
At the first house up Sapphire Avenue, half a mile from the Volkswagen, Lucille Miller finally found help. There Mrs. Robert Swenson called the sheriff, and then, at Lucille Miller’s request, she called Harold Lance, the Millers’ lawyer and their close friend. When Harold Lance arrived he took Lucille Miller home to his wife, Joan. Twice Harold Lance and Lucille Miller returned to Banyan Street and talked to the Highway Patrol officers. A third time Harold Lance returned alone, and when he came back he said to Lucille Miller, “O. K …. you don’t talk any more.”
When Lucille Miller was arrested the next afternoon, Sandy Slagle was with her. Sandy Slagle was the intense, relentlessly loyal medical student who used to baby-sit for the Millers, and had been living as a member of the family since she graduated from high school in 1959. The Millers took her away from a difficult home situation, and she thinks of Lucille Miller not only as “more or less a mother or a sister” but as “the most wonderful character” she has ever known. On the night of the accident, Sandy Slagle was in her dormitory at Loma Linda University, but Lucille Miller called her early in the morning and asked her to come home. The doctor was there when Sandy Slagle arrived, giving Lucille Miller an injection of Nembutal. “She was crying as she was going under,” Sandy Slagle recalls. “Over and over she’d say, ‘Sandy, all the hours I spent trying to save him and now what are they trying to do to me?’”
At 1:30 that afternoon, Sergeant William Paterson and Detectives Charles Callahan and Joseph Karr of the Central Homicide Division arrived at 8488 Bella Vista. “One of them appeared at the bedroom door,” Sandy Slagle remembers, “and said to Lucille, ‘You’ve got ten minutes to get dressed or we’ll take you as you are. ’ She was in her nightgown, you know, so I tried to get her dressed.”
Sandy Slagle tells the story now as if by rote, and her eyes do not waver. “So I had her panties and bra on her and they opened the door again, so I got some Capris on her, you know, and a scarf.” Her voice drops. “And then they just took her.”
The arrest took place just twelve hours after the first report that there had been an accident on Banyan Street, a rapidity which would later prompt Lucille Miller’s attorney to say that the entire case was an instance of trying to justify a reckless arrest. Actually what first caused the detectives who arrived on Banyan Street toward dawn that morning to give the accident more than routine attention were certain apparent physical inconsistencies. While Lucille Miller had said that she was driving about 35 m. p. h. when the car swerved to a stop, an examination of the cooling Volkswagen showed that it was in low gear, and that the parking rather than the driving lights were on. The front wheels, moreover, did not seem to be in exactly the position that Lucille Miller’s description of the accident would suggest, and the right rear wheel was dug in deep, as if it had been spun in place. It seemed curious to the detectives, too, that a sudden stop from 35 m. p. h. — the same jolt which was presumed to have knocked over a gasoline can in the back seat and somehow started the fire — should have left two milk cartons upright on the back floorboard, and the remains of a Polaroid camera box lying apparently undisturbed on the back seat.
No one, however, could be expected to give a precise account of what did and did not happen in a moment of terror, and none of these inconsistencies seemed in themselves incontrovertible evidence of criminal intent. But they did interest the Sheriff’s Office, as did Gordon Miller’s apparent unconsciousness at the time of the accident, and the length of time it had taken Lucille Miller to get help. Something, moreover, struck the investigators as wrong about Harold Lance’s attitude when he came back to Banyan Street the third time and found the investigation by no means over. “The way Lance was acting,” the prosecuting attorney said later, “they thought maybe they’d hit a nerve.”
And so it was that on the morning of October 8, even before the doctor had come to give Lucille Miller an injection to calm her, the San Bernardino County Sheriff’s Office was trying to construct another version of what might have happened between 12:30 and 1:50 a. m. The hypothesis they would eventually present was based on the somewhat tortuous premise that Lucille Miller had undertaken a plan which failed: a plan to stop the car on the lonely road, spread gasoline over her presumably drugged husband, and, with a stick on the accelerator, gently “walk” the Volkswagen over the embankment, where it would tumble four feet down the retaining wall into the lemon grove and almost certainly explode. If this happened, Lucille Miller might then have somehow negotiated the two miles up Carnelian to Bella Vista in time to be home when the accident was discovered. This plan went awry, according to the Sheriff’s Office hypothesis, when the car would not go over the rise of the embankment. Lucille Miller might have panicked then — after she had killed the engine the third or fourth time, say, out there on the dark road with the gasoline already spread and the dogs baying and the wind blowing and the unspeakable apprehension that a pair of headlights would suddenly light up Banyan Street and expose her there — and set the fire herself.