Catherine Crier - Final Analysis

While the dangerous behavior of the three boys had been going on for years, in the summer of 2002 the situation went from bad to worse. On July 29, 2002, Adam was arrested for drunk driving. He was ordered to participate in a two-day, county-sponsored Alcohol Offense Program in Contra Costa County. The first session was set for October 12—the weekend of his father’s murder, which could explain why Adam was home in Orinda for the weekend.

Adam was already facing dismissal at UCLA. Authorities were poised to expel the teen because he hadn’t completed enough coursework in his freshman year. He had dropped several classes without authorization, intending to make up the work in his sophomore year. School officials advised him that they could only reverse their decision under “extraordinary” circumstances. In August, Felix wrote a letter of explanation to the vice provost of undergraduate education at UCLA on Adam’s behalf, blaming “problems at home” for his son’s decision to reduce his course load without first obtaining permission. Adam thought lightening his load would make the spring semester “manageable for him because of the stress he was experiencing in relation to his family situation.”

“During this past year, Adam’s family, as he has known it, has fallen apart,” Felix wrote in the letter dated August 17. “In the fall of 2001, my wife and I separated under extremely tense and difficult circumstances. The stable family and security he had known for most of his life was dramatically altered. It was under these difficult circumstances that Adam began his freshman year at UCLA.

“Adam has always been a winner academically, socially, and athletically,” Felix wrote. “At De La Salle High School in Northern California, he was class president for three years and graduated near the top of his class in grades. He was a starting footballer for two years for the highest ranked football team in the country. He received public recognition and honors for his athleticism. He has known only success and achievement. And at UCLA, he was the only freshman on the Varsity Rugby Team and became a starter. He is also now an enthusiastic member of a fraternity.”

Ultimately, Felix’s efforts on behalf of Adam proved successful, as UCLA officials agreed to allow Adam to return for his sophomore year, but just as soon as he’d extinguished one fire, another one spread, only this time Felix proved unable to help. The son in question this time was Eli, who violated the terms of his probation and was now trying to avoid juvenile hall.

In a letter to the court, Felix defended his middle son, pointing to his varied accomplishments in the sporting arena as proof of his potential.

“At De La Salle, he was the only freshman on the junior varsity team,” Felix wrote in the three-page letter. “At Miramonte High School, Eli was the only sophomore on the varsity football team. At the University of California basketball camp, [the coach] selected Eli out publicly as the kid who was ‘most likely to make it’ because of his skills and discipline. Currently, Eli is the youngest starting player on the Lamorinda rugby team.

“For many reasons, Eli has tremendous potential,” Felix stated. “I am deeply concerned that if Eli now becomes more involved in the correctional system that it will permanently deflect him away from leading the constructive and successful life which he is capable of doing…. In my view, my son Eli is very much a salvageable young man who can make it in the world. In my view, steering him away from the correctional, institutional system is imperative. In light of this, I respectfully and urgently request that the court consider…that he be placed in my custody in Berkeley, where I have secured a spacious two bedroom apartment…that he continue to receive psychological counseling in which I will participate with him, if he prefers that…and that he be involved immediately in a drug program.”

While Felix’s plea appeared heartfelt, it failed to convince the judge to ignore the recommendations of the confidential probation report to the Juvenile Court of Contra Costa County.

“It seems like the minor [Eli] could use a respite from his parents’ bitter dispute and conflicts so that he can separate himself and work on his own individual issues and make rehabilitation a true priority,” the confidential report cited.

Indeed, the May 22, 2002, report painted a disturbing picture of the Polk family dynamic. “The minor [Eli] is currently caught in the middle of a bitter custody dispute between the mother and the father, both who have heaved a barrage of insults and allegations against each other, even in an open court setting,” it stated. “The mother has been problematic with authority figures, including the arresting police officers, the probation department, home supervision staff, and was arrested in court for contempt and failure to follow court orders. When the judge ordered that the mother receive a psychological assessment, the mother flat-out refused and said she would remove herself from the case rather than to comply with those orders.

“The father who has housed this minor in the last few months has also had problems due to the fact that the minor has accused the father of child abuse resulting in a report to CPS [Child Protective Services] and the minor being put back in custody. It is unclear whether the minor really felt threatened by the father or was fabricating the abuse in hopes that he would get moved back with the mother, the minor was eventually released back to the father and has continued to attend Berkeley High.”

Included in the lengthy report was an evaluation from a deputy of the probation department who met with both parents regarding Eli’s situation. “The father denies all the allegations of abuse saying when the minor was younger and had hyperactivity from hypoglycemia, the father would ‘swat him’ but that was approximately eight years ago,” the deputy wrote. “The father says he’s a nonviolent person and believes the minor lives in a paranoid environment due to the intensive conflict between the mother and father and their impending divorce. The father said under the current conditions, he wasn’t sure if he wants to live with Eli because of his present hostility, paranoia, and aggressiveness….

“Mother felt Eli did something very wrong, but felt there was mitigating circumstances to cause him to do it,” the deputy continued, referring to an interview he had with Susan Polk. “The mother says the minor hadn’t been in a fight since reaching physical maturity and felt he wasn’t sure of his own strength. The mother’s concerns are that the minor grew up in a violent household and that he needs anger management. The mother felt Eli was the target of the father’s anger, and so is expressing his anger that he has kept inside. The mother felt the minor could benefit from drug and alcohol counseling, as well as family counseling.”

The deputy noted that during the interview with Susan, she contradicted Felix’s assertion that Eli had suffered from hypoglycemia as a youth, claiming her son had never been diagnosed with the illness. Also in the report were claims by members of the probation department that Eli had been self-medicating with drugs and alcohol in an attempt to deal with the turmoil at home. Eli told officers that he smoked marijuana on a daily basis and drank alcohol three to four times a month, occasionally experimenting with drugs such as Ecstasy and mushrooms. Denying suggestions that he might be “depressed,” Eli did admit that he suffered from chronic “stomach problems,” which officials attributed to stress.

During his visit to the probation department on May 22, Eli charged in private that his father was physically and emotionally abusive. Felix had accompanied his middle son to the evaluation that day, but when they arrived, Eli announced that he wanted to speak with a deputy alone. Only then did Eli present the officer with a four-page handwritten letter about “physical and mental abuse” he claimed Felix was inflicting upon him.