Rife Device Marketer Implicated in Murder

Stephen Barrett, M.D.


In 2002, Kimberly Bailey of Fallbrook, California, was sentenced to life in prison plus ten years for plotting the kidnapping, torture, and murder of her former business partner, Richard C. Post, III. For about 15 years, she and several others had marketed quack medical devices based on the notions of Royal Rife. The account below, taken from the prosecutor's trial memorandum, describes the crime and how she got caught.


STATEMENT OF FACTS

A. The Kidnapping and Murder of Richard Post

In the 1990's, defendant Kimberly Bailey, aka Janet Fleming, sold biofrequency devices, also known as "black box" machines, which she claimed emitted electromagnetic waves that could cure a variety of diseases. She sold the machines under a variety of business names, including The Last Seed, Naturetronics, Astropulse and Nature Tech. The business was very profitable. At some point in 1997, defendant Bailey became convinced that one or more of her employees were stealing from her. Bailey hired Richard "Rick" Post, a local private investigator, to investigate her company and determine which employees were stealing from her. Post took the job and quickly gained Bailey's trust in both her business and personal life. Post began running Bailey's business and the two of them became romantically involved.

In early August 1998, defendant Krueger, who worked for Post, told defendant Bailey that Post was stealing money from her business and that Post was romantically involved with other women. Defendant Bailey became very upset. Defendant Bailey ordered defendant Krueger to set up a meeting with defendant Humberto Iribe. This meeting occurred in San Diego, California, in mid-August 1998. The three defendants developed a plan to get even with Richard Post.

On August 20, 1998, Post and defendant Bailey left the office around 11 a.m. to meet with an engineer. They did not, however, attend that meeting. Instead, defendant Bailey lured Post to Mexico by claiming that she need to conduct banking business there. While in Mexico, men hired by defendant Iribe kidnapped Post and took him to a house in Mexico, where he was held against his will by Iribe and his henchmen.

On the evening of August 20th, defendants Iribe, Krueger and Bailey met at a restaurant in Tijuana Mexico to discuss the situation. The defendants developed an alibi story for Bailey, which included the assertion that Post left the United States voluntarily. To implement the alibi, defendants Krueger and Iribe crafted two telephone messages for Post to leave. After the meeting, defendant Krueger returned to the United States and defendant Iribe returned to the victim. Defendants Krueger and Iribe forced Post to state and restate the messages until they decided they were acceptable. Post's voicemail messages, which were left on the Intellisource work phone and defendant Krueger's cell phone, advised that Post had traveled to Mexico City and would return in a few days and instructed Krueger and the other employees to remove defendant Bailey's work documents and files from the Intellisource office.

Except for the two recorded phone messages, Post was never heard from again. Post didn't take any clothes, medicine, suitcases or personal items with him. He didn't withdraw a large amount of money. He didn't pay any of his bills. And, he never contacted any of his children, including the 16-year-old son who was living with him at the time. According to subsequent statements by defendants Bailey, Krueger and Iribe, Post was held captive and tortured for approximately five days before he was killed. His body has never been found.

B.  The Coverup

When Post failed to contact any of his friends or family, they became very concerned. On the morning of Monday, August 24, 1998, two of Post's children went to Post's office, where they met with defendant Krueger. Defendant Krueger played for them the two telephone messages left by Post. Neither message contained any directions about contacting his family or children.

Defendant Bailey initially refused to meet with anyone to discuss what happened but eventually she agreed to do so. On August 25, 1998, defendants Bailey and Krueger met with two of the Post children and provided the following story. Bailey said that she and Post went to Tijuana to do some banking and have lunch. While at lunch, two men came up to their table and started talking to Post. Bailey said that she was busy eating her lunch and reading her book and didn't hear anything the men said. After lunch, Bailey and Post left alone in Post's vehicle. Bailey said that Post told her that he had to go to Mexico City unexpectedly, so she dropped him off at the Tijuana airport and returned to the United States alone. Bailey said she drove to Post's house, left the keys in the mailbox, walked to a nearby convenience store, called a cab and took the cab to her home. Bailey said that she subsequently became concerned for Post, that she had "missing" posters prepared, and that she went to Tijuana and plastered them everywhere, including the airport.

C. Defendant Confesses

In the summer of 1999, defendant Bailey met a woman named Svetlana Ogorodnikova. As they became friends, defendant Bailey learned that Ms. Ogorodnikova was a Russian spy, that is, that she had been convicted of espionage and had spent a significant number of years in jail. Despite this fact, or perhaps because of it, defendant Bailey became close friends with Ms. Ogorodnikova and shared personal secrets with her. One of the secrets that defendant Bailey confided to Ms. Ogorodnikova was that she had paid approximately $60,000 to have Richard Post kidnapped and murdered.

Specifically, defendant Bailey told Ms. Ogorodnikova that an old boyfriend, Richard Post, had cheated on her with other women and had stolen money from her business. She said that John Krueger introduced her to Humberto Iribe and that the three of them developed a plan to kidnap Richard Post and to find the stolen money. She explained that she took Post to Tijuana, Mexico and that a couple of men kidnapped him there. Defendant Bailey said that Iribe held Post captive in Mexico and that she and Iribe interrogated Post about the missing money. Defendant Bailey informed Ms. Ogorodnikova that she (Bailey) used pliers to torture Post by crushing his fingers in order to get him to disclose the location of the stolen money. According to defendant Bailey, Post denied stealing the money.

Defendant Bailey further explained that after several days, Humberto Iribe asked her what he should do with Post. Defendant Bailey recounted that she told Iribe that she wanted him to build an underground house to keep Post alive but captive and that Iribe refused to do it. Defendant Bailey stated that Iribe said he thought they should kill Post and that she (Bailey) told Iribe to do what he had to do.

During these conversations, defendant Bailey also told Ms. Ogorodnikova that she knew the FBI was investigating Post's disappearance and murder and that they suspected her. Defendant Bailey shared her concern that several people, including Ken Pearson, John Krueger, Gabino Palafox and Humberto Iribe were a danger to her because they knew too much about what happened to Richard Post. Defendant Bailey asked Ms. Ogorodnikova whether she knew anyone from her past life (the espionage world) who would be willing to kill these individuals for money. Ms. Ogorodnikova did not want to participate in such an operation but she was afraid to decline due to her concern that defendant Bailey might find someone else who was willing to arrange the murders. So, Ms. Ogorodnikova delayed her response.

In November 1999, FBI agents contacted Ms. Ogorodnikova and asked about her relationship with defendant Bailey. Ms. Ogorodnikova told them the above story. Due to her criminal history, the FBI agents were unwilling to accept Ms. Ogorodnikova’s story without corroboration. Ms. Ogorodnikova agreed to record several phone conversations that she had with defendant Bailey and to wear a body wire during a meeting with defendant Bailey. Defendant Bailey repeated the above story to Ms. Ogorodnikova during the recorded conversations. During these conversations, defendant Bailey again asked Ms. Ogorodnikova to introduce her to a hit man. With the assistance of the FBI, Ms. Ogorodnikova introduced defendant Bailey to an undercover FBI agent posing as a hit man.

Defendant Bailey also confessed to several other friends that she paid defendant Iribe to kidnap and kill Richard Post.

D. The Second Murder for Hire By Bailey

On December 22, 1999, defendant Bailey met an undercover FBI agent at a hotel in San Diego. Bailey explained to the undercover agent that she believed defendant John Krueger and others were trying to kill her. Bailey told the agent that she had to be careful because she was being investigated for Rick Post's disappearance. She then made several incriminating statements about Rick Post's disappearance and murder. Eventually, the agent said that he needed to know exactly what she wanted done. Bailey responded:

[i]f there is a natural way for John to have an accident, that cannot be traced to anyone else, this is the way to do it. I am under the microscope now for the disappearance of Rick. If anything happened that indicates that Krueger was killed I would be the first natural suspect. If there is a natural way to do it, it should be done that way. I don't know if he drinks. I know very little about his personal habits. All I know is that there are three people out to get me and it's a survival contest and I was strong enough to tell you that I will do whatever has to be done to survive. I deserve to live. They don't.

Afterwards, Bailey gave the agent $10,000 cash and the agent reminded her that this money was just a down payment and that he expected to receive $10,000 per body. Bailey agreed and again stated that the order for execution was Krueger, Belamontes, and then Palafox.  

This article was posted on February 22, 2009.

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