The Top Hat Murder: A Landmark Case in California’s Legal History

by Richard Senate

On the morning of February 24, 1988, a woman entered the small Top Hat food stand at 299 East Main Street in Ventura, intent on robbing the place to fund her drug habit. Inside, she encountered 63-year-old George White, a formerly homeless man who had recently found work preparing the grill for the day’s business. She brandished a knife and demanded money. But there was none—the cash box hadn’t yet arrived for the day. A violent struggle ensued in the
cramped space, and she fatally stabbed George White. In his final moments, he managed to grab hold of her long hair, pulling out several strands, which were later found clutched in his lifeless hand.

Two witnesses saw the woman fleeing from the hamburger stand. A tip later revealed that the woman had bragged about the crime, admitting to killing the elderly man. The police arrested
35-year-old Lynda Axell, who worked at a local thrift shop. She had observed the business at the Top Hat stand and decided to rob it, unaware that the cash profits were removed nightly, leaving only the change drawer behind until opening hours.

Initially, Axell recanted her confession, and friends and family retracted their statements. It seemed as though she might escape justice, as there were no direct witnesses to the murder.
However, the district attorney had crucial evidence: the hair samples pulled from the killer’s scalp. At that time, DNA testing, referred to as “genetic fingerprinting,” was in its infancy, with
only a few cases in Europe utilizing it for convictions. This case marked the first time it was used in California. The DNA analysis revealed a one-in-a-billion match to the hair follicles, leading to Axell’s conviction. She was sentenced to life in prison with the possibility of parole after seventeen years.

The small Top Hat hamburger stand became the site of a landmark case in California law, setting a precedent for the use of DNA evidence in criminal convictions.