The Case of Wendy Savino:
Official NYPD Narrative
In June of 2024 authorities concluded that there was enough probable cause to directly connect David Berkowitz to the non-fatal shooting of 39-year old Wendy Savino outside a Bronx restaurant on April 9, 1976.
NYPD detectives, working with the Bronx District Attorney’s Office, concluded that because Mrs. Savino survived the .32-caliber attack, David Berkowitz subsequently purchased a more powerful .44-caliber revolver for the future attacks which would go on to make him infamous in the annals of criminal history.
The “Son of Sam” case was officially closed by the NYPD and Bronx District Attorney’s Office through what is known as “exceptional clearance,” a classification used when investigators believe they have identified the offender but cannot proceed with prosecution. In this instance, the statute of limitation had expired on this 50-year assault.
"Exceptional Clearance"
The “Son of Sam” case was closed through what is known as an “exceptional clearance,” a classification used when investigators believe they have identified the offender but cannot proceed with prosecution. According to the NYPD, the decision was not made in isolation. Officials said the case was reviewed with the Bronx District Attorney’s Office, and that Assistant District Attorney Christine Scaccia agreed that if the facts were tied to a present-day investigation, an arrest would have been made. That statement implies that prosecutors examined the evidence supporting the NYPD’s conclusion before agreeing to close the case.
HOWEVER, a recent FOIL request by Criminal Justice Chris, posted on the website Medium, suggests that the paper trail behind that decision is most definitely missing. In November 2025, Criminal Justice Chris filed a FOIL request (see FOIL documents here) with the Bronx District Attorney’s Office seeking records related to the Wendy Savino shooting, and the identification of David Berkowitz as the perpetrator. The FOIL request asked for several categories of documents, but the records produced were not investigative materials related to the Savino shooting. The Bronx District Attorney’s Office reported that it could not locate the records that would normally explain the closing of the Savino case. According to the determination letter, the Bronx DA’s office conducted a search but could not locate the following items:
• The exceptional clearance file for the Savino shooting;
• Investigative records connecting Berkowitz to the attack;
• Communications identifying Berkowitz as the perpetrator;
• Documentation explaining how the exceptional clearance decision was reached.
In short, the Bronx DA’s office did not possess any records documenting the evidence (old or new) to close the case.
In May of 2024, Bronx Homicide Detective, Robert Klein, believes there is evidence to suggest that Mrs. Savino was shot by David Berkowitz, despite the clear absence of the use of a .44 caliber revolver, the weapon caliber used during the shooting spree from July 1976 to August 1977. Detective Klein brings the case to Bronx ADA Christine Scaccia, and a conclusion is drawn that if the facts gathered were tied to a present-day investigation, there would be enough probable cause for an arrest.
It isn’t logical that such a determination could be made given the fact that not a single piece of exculpatory evidence has ever been collected from 1976 through 2024 linking David Berkowitz to this crime. The only physical evidence collected by the NYPD were spent rounds from a .32 caliber handgun. This weapon was NOT the notorious Charter Arms .44 caliber Bulldog revolver used during the course of the Son of Sam crime spree from July 1976 through August 1977.
It is clear from Criminal Justice Chris’ FOIL request response from the Bronx District Attorney’s office that there was absolutely no basis at all for an exceptional clearance determination. The NYPD and Bronx District Attorney’s office should have left Mrs. Savino’s file exactly where it was for the last 50 years – in the unsolved cold case files.
NYPD Det. Robert Klein (ret.)
“An exceptional clearance is a police department determination and is not dependent on the existence of a District Attorney’s case file. In practice, investigators may confer with the DA’s Office to confirm that probable cause exists and that, but for circumstances preventing arrest, charges would be supported.
In this instance, ADA Scaccia was advised of the facts and agreed that probable cause existed. That consultation satisfied the standard. There was never a Bronx DA case file opened because an arrest was not made, and one was not required for the clearance determination.
Ms. Clough’s repeated demands for records that do not exist do not transform their absence into evidence of misconduct or a cover-up. The FOIA response clearly directed her to submit any request through the NYPD, which is the agency that maintains the relevant records.
What is being presented is not evidence of wrongdoing, but a circular argument: the absence of a non-existent document is being used to suggest misconduct, when in reality, the process followed was standard and documented. The complete file has already been made available.”
The above is a quote from Detective Robert Klein during a conversation with John on May 1, 2026. Thank you Rob for being so generous with your time.
Click on each cassette-box below to enlarge the view and read a description of what is recorded.
The NYPD officer heard on the recordings is Stephen Baymack, Shield #888. Sgt. Baymack passed away in 2022 at the age of 83. He retired from the NYPD in 1999 after 37 years of service as a Sgt-Special Assignment in the radio shop and
as a voiceprint examiner. R.I.P.
Documents Obtained
NYPD Det. Rob Klein Interviews
