"That Is Not His Right Name": Ted Bundy in a Pensacola Courtroom, February 1978
Days after his final arrest, a man who would not give his real name told a Pensacola judge he had no lawyer and no money, while the prosecutor argued he should not be given bond.
- Subject
- Ted Bundy
- Recorded
- February 1978
- Runtime
- 6:59
Content warning: The page refers to murders, including the abduction and murder of a 12-year-old girl.
The Interview
In the early hours of February 15, 1978, a Pensacola police officer stopped a stolen Volkswagen and, after a struggle, arrested its driver. The man said he was Kenneth Misner of Tallahassee and carried identification in that name. In this television news film he is seen being escorted by officers and then standing before a judge. Asked whether the name on the affidavit is his real name, he answers "No, sir". He says he has no lawyer and cannot hire one, and asks the court to read the charges again because he does not believe he "picked everything up". The prosecutor and a public defender then argue over whether he should be given bond.
Historical Context
Ted Bundy had been convicted of kidnapping in Utah in 1976 and was awaiting trial for murder in Colorado when he escaped from the Garfield County Jail on December 30, 1977. He made his way to Tallahassee, Florida. On January 15, 1978, two women were murdered and others attacked at the Chi Omega sorority house at Florida State University, and on February 9, 1978, 12-year-old Kimberly Leach was abducted from her school in Lake City. Six days later Bundy was arrested in Pensacola. He gave a false name for almost two days before his identity was confirmed.
Circumstances of the Interview
The hearing took place in Pensacola in the days after the arrest, while the authorities still did not know who the prisoner was. The clip does not name the judge or the lawyers. The prosecutor tells the court that Tallahassee has issued warrants for the man's arrest for the larceny of credit cards, that more charges will follow, and that he is "also a suspect in a killing". The public defender argues that the state opposes bond only because the man is a suspect in a Tallahassee homicide, that he is a suspect only because he came from Tallahassee, and that he is entitled to bond because the charges are not capital.
What the Interview Covers
The judge asks the man about his name, whether he has a lawyer, and whether he has money. He answers "No, sir", and a sum of $125 is then mentioned (it is not clear by whom), which the prosecutor says is probably held in evidence. The public defender says he has consulted with their office; the man says he has been interviewed but has not consulted a public defender. The judge rules that he will be entitled to bail as soon as he gives his correct name or the authorities identify him, and not before. The film ends in a crowd, with voices telling people to move back.
What Makes the Recording Significant
The footage records Bundy in the first days after his final capture, before he had been named, at the point when Florida authorities were beginning to connect their prisoner to the Tallahassee killings. His answers to the judge are brief, but they show him concealing his identity in open court.
Archival Importance
Bundy's later Florida trials, in Miami in 1979 and Orlando in 1980, were filmed extensively. Footage from the days immediately after his Pensacola arrest is less often seen.
Important Caveats
The sound is poor in places and several passages are marked unclear; the transcript has not yet been checked by a human listener. The date of the hearing, the judge's name and whether it was a first appearance or a bond hearing are not established. The uploader's on-screen subtitles are its own addition. Bundy was later convicted of the Chi Omega murders (1979) and of the murder of Kimberly Leach (1980), and was executed on January 24, 1989.
Unidentified Voice: Put it in, gentlemen. [inaudible, music]
Unidentified Voice: What are you doing, gentlemen? What are you doing? [unclear: "Oh, you're getting yourself over here."] Are you ready? [unclear: "I'm running a business team."] [inaudible] What'd you do? [inaudible, music]
Narrator: He told police that he was 29-year-old Kenneth Misner of Tallahassee, and even had ID cards to prove it.
Unidentified Voices: [unclear: "I'm very sorry."] [unclear: "So he's a lawyer. He needs what he's done."] [unclear: "He's a lawyer, and he's trying to make a misextra fund."] Let's go. [inaudible] Please. [inaudible]
Prosecutor: ...refused to properly identify himself, so we don't know who he is. Tallahassee has issued warrants for his arrest for the larceny of credit cards, and I'm assured by them that they're going to issue warrants for his arrest on additional charges. This man is also a suspect in a killing which occurred [inaudible].
Unidentified Voice: [unclear: "There's four other problems on the court."]
Judge: The affidavit has the defendant listed [unclear: "in his mind" / "under a name"]. That is not his right name?
Ted Bundy: No, sir.
Judge: Are you represented by an attorney?
Ted Bundy: No, sir.
Judge: Are you able to hire an attorney?
Ted Bundy: No, sir. [unclear: "I have it in order."] No, sir.
Judge: You have any money?
Ted Bundy: No, sir. Well, a hundred and twenty-five dollars.
Prosecutor: Your Honor, excuse me, that money I think is in evidence, so I'm not so sure that can be used.
Public Defender: All right. Your Honor, while he may not be represented by the public defender's office, he has consulted with them.
Ted Bundy: I have. [unclear: "I find it to you."]
Judge: I'd like to [unclear: "see you in the evidence for the service of"] the public defender. Public defender's office. [unclear: "Good morning."] [inaudible] You will be arraigned [unclear: "three weeks from today's meeting" / "three degrees"]. [inaudible] [unclear: "Thirdly, Mark, the judge, you are committed with a charge notification. You have to call the public defender."]
Ted Bundy: Well, I've been interviewed by [unclear: "interview where" / "interviewer"], I have not consulted with a public defender's attorney.
Judge: Are you familiar with the charges against you, as I'm understanding the charges?
Ted Bundy: I would like the court to list them again. I don't believe I picked everything up.
Judge: The state's attorney [inaudible]. [unclear: "Marry on the police officer and just in the round of five."] [unclear: "The attorneys would be important to me and at least take defense from the administration of the right."]
Public Defender: Your Honor, it appears that the only reason the state attorney's office indicating they would not like a bond set in this case because they decided he's a suspect in, apparently, a homicide in Tallahassee. It appears the only reason they decided he's a suspect because he came from Tallahassee. He is entitled to a bond on these cases, because it's not a capital, it's a felony, it's not a [unclear: "wife" / "life"].
Prosecutor: [unclear: "And I was a fairly milder."] We don't even know who he is, but he won't tell us who he is.
Judge: [unclear: "Who would be the principal of a bond?"]
Public Defender: Your Honor, all I know is what they say. Now, I don't know whether he's given his name or not. He's certainly entitled to a bond in any event, I think.
Prosecutor: Your Honor, the public defender heard the man admit just now that he's not the person whose name he gave, and he's failed to come forward with his correct name.
Judge: Well, as soon as he comes forth with his correct name, or the authorities are able to identify him, he will be entitled to bail, and [unclear: "will be texted by the U.S. and other federal agencies"]. But until we find out who he is, there's no way we can [unclear: "take it away" / "make it"]. All right.
Unidentified Voice: Thank you.
Unidentified Voices: [unclear: "I'm trying to pick a way to move in here."] All right. Move back there. Come on. Bring it up. Bring it up. I know, but you've got to be able to pull it from there. Move! [inaudible to the end of the clip] ---