Use textbook for answers 

CSI EXAM CHAPTERS 1 THROUGH 4

1. True or False? The analysis and evaluation of physical evidence is “flawless” when
compared to testimonial evidence.

2. Fill in the blank. The interpretive value of evidence is a function of and
the item’s surroundings.

3. Multiple Choice. A stove burner that is on in a crime scene is an example of:

a. A predictable effect.
b. A functional detail.
c. A relational detail.
d. None of the above.

4. Multiple Choice. The three scene integrity issues are:

a. Addition, destruction and loss of material in the scene.
b. Addition, destruction and movement of material in the scene.
c. Addition, creation of post incident artifacts and corruption of material in the scene.
d. None of the above.

5. True of False. The only agenda a crime scene investigator has is the desire to
determine the truth regarding what transpired in the scene and who was involved.

6. True or False. An example of an unpredictable effect is the movement of a
weapon in the crime scene by a first responder, which remains unreported and
unrecognized by the crime scene team.

7. True or False. Flexibility, as an ingredient of good crime scene examination
means the ability to confront odd or unique situations with novel ideas or to
handle contradictory and competing needs at the scene without reverting to mere
arbitrary compliance with a checklist.

8. Multiple Choice. The forensic linkage triangle considers evidence in relation to
which of the following?

a. Suspect(s), victim(s) and motive(s).
b. Suspect(s), victim(s) and scene(s).
c. Scene(s), opportunity and motive(s).
d. None of the above.

9. True or False? Class characteristics are effective for eliminating an item for
inclusion in a group, reducing the necessity of conducting further time or resource
consuming examinations.

10. Multiple Choice. Of the available methods for DNA analysis, which of the
following is the best for individualization in forensic analysis?

a. RFLP.
b. PCR.
c. STR.
d. mDNA.

11. True of False. The 4R rule for glass fragment examination states that ridge lines
are at right angles to the rear of radial fractures.

12. True or False. Cross contamination of serological evidence is never an issue
when handling a single item of stained clothing.

13. Multiple Choice. Forensic analysis of a pistol casing includes evaluating:

a. Ejector marks.
b. Firing pin marks.
c. Breech block marks.
d. All of the above.
e. A and B.

14. True or False. Fingerprints differ in every individual except identical twins.

15. True or False. Mitochondrial DNA (mDNA) is currently used as a class
characteristic that allows a DNA source to be included or excluded in a blood line
on the maternal side.

16. True or False. Typical impression evidence includes shoe and tire marks, but also
includes evidence such as tool marks.

17. True or False? The actions of the initial responding officer have little overall
impact on the successful resolution of an investigation.

18. Multiple Choice. At any critical incident the initial responding officer seeks to:

a. Identify perpetrators and bring the site under control.
b. Bring the site under control and coordinate resources.
c. Bring the site under control and release the scene to supervisors.
d. None of the above.

19. True of False. Lifesaving is attended to after ensuring the scene is secure and
evidence is preserved.

20. True or False. During the approach to the scene the initial responding officer
must consider a variety of threats including: man-made hazards, natural hazards
and possible on-scene suspects.

21. True of False. It is important to the investigation that Emergency Medical
Services (EMS) personnel be interviewed as soon as possible to determine who
was there and what action they took in the scene.

22. True or False. In order to preserve fragile evidence, officers generally have the
authority to prevent EMS from entering a scene.

23. Multiple Choice. The initial responding officer considers which of the following
when defining where to place the initial perimeter:

a. Primary focal points, secondary scenes and body dump sites.
b. Primary focal points, avenues of entry and exit and secondary scenes.
c. Primary focal points, avenues of entry and exit and the presence or absence of a crowd.
d. None of the above.

24. True or False. Controlling the scene perimeter is easily accomplished by mere
presence and vocal commands.

25. Multiple Choice. The five objectives of the initial responder at any crime scene
include:

a. Document initial information, provide for emergency care, secure and control
the scene, provide an initial statement to the media and release the scene to
appropriate authorities.

b. Document initial information, provide for emergency care, secure and control
the scene, provide an initial statement to the media and conduct a preliminary
scene examination.

c. Document initial information, provide for emergency care, secure and control
the scene, not become a casualty and release the scene to appropriate authorities.

d. Document initial information, provide for emergency care, secure and control
the scene, conduct a preliminary scene examination and release the scene to
appropriate authorities.

26. True of False. Controlling the scene and everyone in it requires cordoning off a
section of the immediate scene and having witnesses wait there.

27. True or False? It is the responsibility of the crime scene technician to collect the
evidence without altering the crime scene.

28. Multiple Choice. The six basic activities the crime scene technician engages in at
the scene are:

a. Assessing, documenting, sketching, searching, collecting and analyzing.
b. Assessing, observing, documenting, searching, collecting and analyzing.
c. Assessing, sketching, photographing, searching, collecting and analyzing.
d. None of the above.

29. True of False. The order or sequence in which processing is completed has no
impact on the resulting investigation.

30. True or False. Documenting the scene (which includes photographing, mapping
and sketching) is an intrusive act in and of itself, requiring a specific order of
activity.

31. True of False. There is only one right way to process the crime scene.

32. True or False. Assessing the scene in the first step taken in the processing
methodology and a continuous step.

33. Multiple Choice. The concept of “going back” in the processing methodology
means:

a. Returning to the office to obtain additional resources when required.
b. Returning to an earlier step, in order to bring a newly discovered item of
evidence to the same level of processing as other items.
c. Rechecking areas that have been searched, to ensure no items were overlooked.
d. None of the above.

34. True or False. The activity of searching the scene is accomplished in several
stages. Initial searches are visual, while later searches are physical.

35. Multiple Choice. During initial observations, the crime scene technician
accomplishes an initial scan of the scene, this includes:

a. Looking for victims, central theme items, secondary scenes, avenues of
entry or exit and fragile evidence.
b. Looking for victims, central theme items and avenues of entry or exit.
c. Looking for victims, suspects, secondary scenes and central theme items.
d. Looking for victims, suspects, central theme items and fragile evidence.

36. True of False. The statement “The call you got isn’t the call you get” simply
means that the initial information provided to the police is often incorrect.

37. In class, we learned about the famous case in the UK with the investigation of the murder of
two victims – Linda Mann (Age 15) in 1983 and Dawn Ashworth (Age 15) in 1986. In this case,
DNA was first used to:

a. Exonerate the wrongfully accused

b. Identify the offender

c. Eliminate thousands of potential suspects

d. All of the above

38. In the above case, what is the name of the scientist who developed the method to be able to
utilize DNA for identification of an individual by comparing their DNA profiles?

a. Sir Alec Baldwin

b. Sir Alex Jefferson

c. Sir Alec Jeffreys

d. Sir Adam George

39. In class, we watched a documentary on the investigation of the murders of Nicole Brown
Simpson and Ron Goldman, and the trial of OJ Simpson. Describe one criticism that was made
by the defense concerning the collection and storage of physical evidence.

40. In the documentary on the investigation of the murder of Jon Benet Ramsey, we learned that
John Mark Carr confessed and was responsible for her murder because his DNA matched DNA
collected from the clothing of the victim. True or False

41. In the Jon Benet Ramsey case, they developed a DNA profile from what item of physical
evidence.

a. The suitcase under the window in basement

b. The broken glass of the window in basement

c. The victim’s hands/fingernails

d. The railing of the stairway

e. None of the Above

42. This was one of the first major cases in which this type of DNA was collected in 2008 when
items of evidence were re-examined:

a. Mitochondrial DNA

b. RFLP

c. Touch DNA

d. Paternal DNA

43. If CSIs had followed a crime scene methodology like that discussed in your book, Jon Benet
Ramsey’s body would have been discovered:

a. On December 25 by the parents

b. The next day when they went back to continue processing the scene

c. While dusting for fingerprints and using reagents to locate blood

d. During scene assessment and the initial walkthrough

45. In the documentary, we learned of the existence of the following physical evidence collected
from the scene of the Jon Benet Ramsey investigation:

a. The pad used to write the ransom note was from the house

b. The pen used to write the ransom note was from the house

c. The paint brush tied to the rope around her neck was from the house

d. All of the above

46. In the documentary we watched on the OJ Simpson trial, blood on the rear gate at the crime
scene was discovered and collected:

a. On the day of the scene investigation

b. Two days later

c. By a crime scene cleanup crew

d. Three weeks later

47. True or False – Jon Benet Ramsey died as a result of a massive 8” skull fracture.

48. Which of the following are accurate based on the documentary we watched on the Jon Benet
Ramsey case? (Circle All That Apply – No Partial Credit)

a. The scene was not secure

b. Friends and family were inside the house washing dishes and using Windex on counter tops

c. The ransom note was carefully placed in evidence packaging immediately by the police and
touched by no one

d. Jon Benet Ramsey’s body was located by the local detective and the scene was fully
documented before removal of the body

49 – 50. Name two items of forensic evidence recovered and the relevance of each item (i.e.,
interpretive value) during the investigation into the murders of Nicole Brown Simpson and Ron
Goldman. (****Note: Naming “Blood” will not be a correct answer. You must describe blood
on what, from whom, and what did it mean to the investigation.)

Crime Scene Investigation Case Studies

Crime Scene Investigation Case Studies

Step by Step from the Crime Scene to the Courtroom

Jacqueline T. Fish and Jonathon Fish

AMSTERDAM • BOSTON • HEIDELBERG • LONDON NEW YORK • OXFORD • PARIS • SAN DIEGO SAN FRANCISCO • SINGAPORE • SYDNEY • TOKYO Anderson publishing is an imprint of Elsevier

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This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein).

Notices

Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary.

Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility.

To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the material herein.

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A catalogue record for this book is available from the British Library. ISBN: 978-1-4557-

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Foreword

Have you ever heard the adage, “The job isn’t finished until the paperwork is done”? Without question, nowhere is this truer than in the field of criminal investigations. It is also true that the paperwork of any criminal investigation is absolutely vital for the proper administration of justice, where the innocent are protected and the guilty are held responsible for their illegal actions. You may be the greatest criminal investigator on the face of the earth, but if the paper work in your case files is disorganized, incoherent, and doesn’t accurately, truthfully, and con cisely reflect every aspect of your criminal investigation, then all of your hard work may be for naught and justice may be averted. When you are a criminal investigator, what you do or fail to do with your assigned criminal investigations, and this includes your paperwork, can have life or death consequences. The public has entrusted a great responsibility to our criminal investi gators, and it is our sworn duty to do everything, within the law, to protect that trust.

With regards to the who, what, where, why, and how of criminal investigative paperwork, many jurisdictions provide only “in house” training, specific to their jurisdiction. Much of this training is “informal”, “on the job” training and is administered by senior investigators, who are assigned to tutor the new investigator. This type of training typically has inconsistent effects, and has the potential of passing on the habits, good and bad, of the senior investigator provid ing the training. While there will always be some jurisdictional differences involved in criminal investigative paperwork, there are far more universal aspects of criminal investigative paper work that will be found in all criminal case files, regardless of the jurisdiction, and this text will highlight these best practices.

This text will provide readers with validated, standardized methodologies for completing thorough criminal investigative case files, regardless of the type of crime and jurisdiction, by highlighting actual case studies of different crimes and their associated investigative paperwork. The information presented in this text will form the ideal, non-bias foundation for future crimi nal investigators and newly assigned criminal investigators, as well as acting as a great refresher for experienced criminal investigators. When you are the criminal investigator, it is your name that will appear at the bottom of the case files, so remember, “garbage in, garbage out.”

Edward William Wallace Jr. Certified Senior Crime Scene Analyst, NYPD First Grade Detective (Retired)

ix

CSU Graduate Student Contributors

Charleston Southern University graduate students enrolled in the Master of Science in Criminal Justice program are responsible for the creativity of the case scenarios, development of the case files, preparation of the documentation, and presentation of the completed case files to colleagues for review. What started out as a graduate course assignment resulted in this newest textbook! Congratulations to every student for your perseverance and determination to earn your graduate degrees!

Chapter Two Jamar Meadows, Bruce Powers, Amanda Sisson

Chapter Three Amanda Albright, Tiffany Coleman, Lachelle Joyner

Chapter Four Connie Davis, Kenisha Woods

Chapter Five Kierstin Flores, Alison Harrison, Sade’ Nelson Molly Bentley, Jessica Bogstad, Jeremy Dalton, Stevie Simmons

Chapter Six Courtney Barriere, Jennifer Drizis Mosher, Brittany Richardson

x

Preface

WIFM—what does that mean? Are they radio or television station call letters? Is it an abbre viation for a federal agency or a military acronym? Would you believe these letters stand for something you ask yourself every day: What’s In it For Me? No matter what decision you are about to make, you inevitably weigh the outcome by asking, “What’s in it for me?” You con sidered that question when deciding whether or not to take this class, and this textbook is the simple answer to that question. Students identified a need for a step-by-step manual as they seek to enhance their job performance as investigators.

Each chapter of this book involves a different type of criminal offense. After reading the opening section of the case, you will assume the role of investigator. Read the case narrative, and then identify the steps you will take to conduct the investigation (investigative

strategy

) and the accompanying documentation that must be completed. What criminal offenses have occurred? What are the elements of the crime? As you review the narrative, create a chrono logical timeline. You will find this extremely useful as events unfold throughout the investiga tion, and you are the primary person responsible for making sure every step is identified and examined throughout the case.

This book was created by students for students, and it is designed to teach you how to suc cessfully complete investigative case files for criminal activities. Eighteen graduate students collaborated to create this collection of case studies. The events reflect criminal investigations that are conducted every day.

Small and large agencies alike create case files that eventually are reviewed for prosecuto rial decisions. A variety of reports is available and an equal number of writing styles, required forms, standard operating procedures, and types of offenders e

xi

st. No two reports or files are the same. Every investigation is unique—and each of these case files is also quite different. However, every criminal investigation has commonalities, including chronological sequenc ing, constitutional guarantees, investigative strategies, and the capacity of the American crimi nal justice system to effectively identify the guilty and exonerate the innocent.

The criminal justice graduate students at Charleston Southern University offer you these case files to assist in your studies, provide valuable training experiences, and lead to justice being served.

xi

Digital Assets

Thank you for selecting Anderson Publishing’s Crime Scene Investigation Case Studies: Step by Step from the Crime Scene to the Courtroom. To complement the learning experience, we have provided a number of online tools to accompany this edition. Two distinct packages of interac tive digital assets are available: one for instructors and one for students.

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l Test Bank Compose, customize, and deliver exams using an online assessment package in a free Windows-based authoring tool that makes it easy to build tests using the unique multiple-choice and true or false questions created for Crime Scene Investigation Case Studies. What’s more, this authoring tool allows you to export customized exams directly to Blackboard, WebCT, eCollege, Angel, and other leading systems. All test bank files are also conveniently offered in Word format. l PowerPoint Lecture Slides Reinforce key topics with focused PowerPoint slides, which

provide a perfect visual outline with which to augment your lecture. Each individual book chapter has its own dedicated slideshow. l Lesson Plans Design your course around customized lesson plans. Each individual lesson plan

acts as a separate syllabus containing a content synopsis, key terms, directions to supplementary websites, and more open-ended critical-thinking questions designed to spur class discussion. These lesson plans also delineate and connect chapter-based learning objectives to specific teaching resources, making it easy to catalog the resources at your disposal.

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Students will need to visit this link in order to access the ancillaries listed here:

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l Self-Assessment Question Bank Enhance, review, and study sessions with the help of this online self-quizzing asset. Each question is presented in an interactive format that allows for immediate feedback.

l Forms for Filling Out

Reports

l Video Resources for Select Cases

l Image Bank Full-color images of the photos in the book.

xiii

OBJECTIVE

1

Introduction

From the Scene of the Crime to the Desk of the Prosecutor

This opening chapter introduces the methodologies of investigating and reporting criminal offenses beyond the initial response. It includes a sample case for illustrative purposes.

KEY TERMS

case file chronological order complainant

corpus delecti

credibility elements fact

investigation jargon linkage Locards Exchange Principle

modus operandi

narrative objective

What You Will Learn

LEARNING OUTCOMES

l Describe the differences between facts and opinions l Explain the goals of an investigation l Examine case narratives to determine investigative strategies l Identify the elements of the crime under investigation l Review case file documents for accuracy l Recognize areas for improvement in case files

Introduction

opinions reports solvability factors suspect victim

Millions of words have been written in an effort to educate and train law enforcement person nel to become well-prepared police officers, show crime scene technicians how to process crime scenes, help law school students to complete bar examinations, and equip judges to

Crime Scene Investigation Case Studies

© 20134 Elsevier Inc. All rights reserved.

1

fairly administer justice in the courtroom. What is the single tie that binds all these phases of the criminal justice system together? Investigative case files. First responders deal with emer gency situations, and then they must begin the paperwork process that may cross dozens of desks and linger in the courts for many years. That initial preliminary investigation sets in motion a comprehensive course of action culminating in the completion of the inquiry pro cess that may not end for decades. As with all systems, a strategy must be in place to guide the development of the investigation.

Poor police reporting can jeopardize effective criminal prosecution. Who is going to read your reports and case files? There is a wide spectrum of people contained in this audience, and first to view the report is your supervisor. Once the report is approved and becomes an official record, the list of readers expands: lawyers, prosecutors, judges, jurors, social workers, govern ment officials, insurance adjustors and investigators, citizens, defendants, media representa tives, crime lab analysts, and other investigating agencies. Is your work of sufficient quality to withstand all this scrutiny? Did you verify the information contained in the reports and subse quent forms? Can a person who is not familiar with investigative techniques read your report and develop a clear understanding of the events that have been documented?

This publication has been compiled to assist investigators and students in the various methodologies required to construct solid, factual investigative case files. These very different cases are presented for review, along with the required paperwork and an informative narra tive that will provide details not apparent in the traditional reporting format. These types of investigations are conducted every day in agencies of every size across the United States and throughout the world. There is no “one size fits all” approach to acquiring the knowledge and skills that are required for successful case prosecution. We present the scenarios and the forms; you develop the timeline and the investigative strategy for completing the case file.

Investigation is successful when all the gaps are filled between the statements, alterna tive explanations are considered but then eliminated, and a solid prosecutable case file is presented to the state’s attorney for review. Not all investigations will result in arrests. Not all arrests will result in prosecutions. Certainly not all prosecutions will produce a conviction. The goal is to achieve justice. Were guilty perpetrators identified and prosecuted? Equally impor tant, were the innocent exonerated and not wrongfully prosecuted?

Overview

In the United States, more than 16,000 law enforcement agencies generate reports on a daily basis. Since 1838 when the Boston Police Department became the first official police agency in the United States, crime and offense reports have been written. After more than 170 years of compiling reports, there is still no uniform or consistent method of collecting information when officers are called to provide assistance and begin an investigation. Most law enforce ment agencies have now moved to the use of standardized reports, but no matter how far tech nology advances, there will always be reporting requirements for law enforcement functions.

There are not many proficient criminal investigators available for hire by police agencies. The diverse skills that must be developed and honed for one to become a highly effective detective consume years of service and require a commitment, both of which are necessary to produce a high-quality, documented case file that accurately reflects every aspect of a case. Depending on the circumstances of the event, a few routine forms may need to be completed. Every action taken must be recorded. If a crime has been committed, the appropriate response actions will be initiated. Most actions taken by police officers and other first responders do not, in fact, involve criminal activity.

Regardless of whether the reports are completed on a keyboard or with an ink pen, the con tent must be complete, clear, concise, and accurate. Sometimes it is not possible or practical to type a report. We all have an idea of what an offense or accident report looks like—you can view various formats from different agencies online.

Investigative Case Files

Our focus is on the investigative case file, which contains all the documentation compiled by investigators who are examining every aspect of the event to determine the truth—what hap pened and who is responsible for that activity. Was a crime committed? What activities will be necessary to properly evaluate the circumstances and determine whether or not to proceed with a full investigation?

In this technologically advanced era of computers, digital images, and cloud storage, it is becoming more and more difficult to envision an investigative case file. Yet it is essential

FIGURE 1-1

that all activities are documented so that any authorized individual reviewing the associated records will arrive at an informed decision regarding the investigation.

Terminology Used Throughout the Book

What is the definition of a report? Reports are permanent records of all important facts in a case. We need to examine this statement. Just what exactly is a fact? Look around the room now, examine an object, and then state a fact related to that object. For example, the highlighter I use when I am studying is yellow. Would you agree? How would you know this is a fact? The definition of a fact is simple: it is a statement that can be proven. When you read that statement, a picture formed in your mind of a yellow highlighter. Would you call that a preconceived notion because you are familiar with yellow highlighters? How do you know whether my highlighter has the diameter of a pen or a magic marker? How do you visualize yellow? Was it fluorescent or banana yellow? Was the cap chewed on? Why does it matter?

This exercise demonstrates the limited knowledge of an individual who was not at the scene and does not have first-hand knowledge with the events contained in the police report. The activities and observations recorded in an official report must be accurate and all infor mation must be reported. Although it seems entirely petty to record such detail as the brand and style of the highlighter, at some point that type of precise information could become vital in creating a linkage or association among a victim, the crime scene, and a perpetrator. If you gain the skill of accurately conveying the totality of the information in every instance, your work will survive the scrutiny of a defense attorney in the courtroom.

You have no doubt completed many courses in criminal justice, from the historical begin nings to current-day Homeland Security issues. As students, you can probably list the steps that should be taken by an officer who observes criminal activity or who is dispatched to the scene of an event requiring police assistance. Can you clearly define an investigation? It is a systematic and detailed inquiry to determine the truth and let the facts prove or disprove alle gations. It also involves seeking to identify those responsible for the events and to eliminate the innocent from suspicion. Finally, if a corpus delicti is established (evidence that a crime has been committed), a complete investigative file will present the best case possible for prosecution.

An investigator must establish elements of the crime, which are specific legal aspects of a criminal offense that must be proven. If a suspect is charged with the offense, all ele ments must be established beyond a reasonable doubt or there can be no finding of guilt. Determining the truth is more important than obtaining a conviction or closing a case. State statutes vary regarding the specific elements of offenses, but in every criminal proceeding, each specific condition must be identified for an act to be called a specific crime.

This case studies book consists of carefully structured learning experiences that place you in the role of an investigator who is conducting an investigation and completing the paper work necessary to build a criminal case file. Although this book is by no means comprehensive, it will provide you with a guide as you gain knowledge and skills in the “art” of writing. Remember, good writers can write about anything. A good investigator will establish credibility by remaining unbiased and impartial, and those traits will be reflected in your written work. Credibility is hard to establish and easy to lose.

Not all crimes are solvable. Many cases have insufficient evidence, no witnesses, and no infor mants to provide leads. In many instances, the responding officer will complete the initial report and an investigator will examine that report and determine the solvability factors—statements that are crucial to solving crimes and in prioritizing caseloads. The data are used for compiling statistics, and the victim (if insured) will provide a copy of the report for claim reimbursement; then the case is removed from active investigation.

The narrative section of the report is where the story is told. A well-structured narrative focuses on content and factual statements. Although incident and offense reports vary con siderably in format, there is always a section where the officers record personal observations, document actions, and “tell the story.” There is never any room for your opinion in this type of report. Always use the first-person, past tense, active voice, and present the events in chron ological order. Use short, clear, concise, and concrete words to explain the situation. Jargon, which consists of words, expressions, or phrases specific to a profession or occupation, can create confusion and cause delays or dismissals of criminal charges and should therefore not appear in the reports.

Detailed notes can make or break a case. Take notes on every step taken in every investi gation. Ensure the information you record provides a complete and accurate depiction of the scene, the victims, the witnesses, the physical evidence, and the results of all analyses. You should always carry a personal notebook to write down complete, accurate, specific, and factual information. Remember, your opinion has no place in the reports. Opinions are beliefs that may not be accurate and may not be provable, whereas facts are tangible things used to make solid decisions and that can be proven. Your job is to provide case files that are objective—that is, the documents and statements display no bias, are non-opinionated, fair, and impartial.

As an investigator, you will establish a timeline—or sequence of the events. This timeline will assist you as you complete all of the paperwork following the chronological order of the incident. The importance and accuracy of the sequence can be used to establish the where abouts of suspects, witnesses, weapons, and subsequent activities in relation to the victim. In fact, to proceed with an investigation, one of the primary responsibilities of law enforce ment officers is to establish the corpus delicti, or “the body of the crime.” This does not liter ally mean that a body must be discovered, but it must be proven that someone has committed an offense. For example, if a purse with identification and personal items is found discarded alongside a highway, would you agree that it is the corpus delicti? With the discovery of the purse, it has not been proven that a crime occurred, so the answer is no. What does it take to make the purse the corpus delicti? First, it has to be proven that the property has been stolen and that a person is criminally responsible for this activity. If it cannot be established that the purse was stolen, then no crime has occurred.

CHRONOLOGICAL TIMELINE

0735 Call received at 911 0735 Call dispatched to patrol officer 0741 First officer arrived on scene (Duncan) 0742 Fire department on scene 0743 Backup officer arrives on scene 0744 Perimeter established 0746 Supervisors notified 0748 Investigator dispatched to scene (Humphrey) 0750 Crime scene investigator (CSI) dispatched to scene (Reeves) 0814 CSI arrives on scene 0820 Investigator and CSI conduct scene walkthrough 0850 Coroner arrives on scene (Rhodes) 0900 Photographs completed and sketches started 0903 Patrol supervisor arrives on scene (Potter) 0911 Backup officer begins neighborhood canvas to locate potential witnesses 1110 CSI completes diagram, photos, evidence collection 1115 Witness list provided to investigator; canvas is completed 1210 Coroner releases body to be removed from scene 1320 Patrol and CSI debrief with investigator 1330 Patrol and CSI clear scene 1405 CSI checks physical evidence in to Evidence/Property Unit 1415 Investigator begins interviewing neighborhood witnesses 1600 CSI reports to morgue to brief medical examiner and witness autopsy

To be continued throughout the investigation.

The Purpose of This Book

Each chapter of this book involves a different type of criminal offense. After reading the open ing section of the case, you will assume the role of investigator. Read the case narrative and then identify the steps you will take to conduct the investigation (your investigative strategy) and the accompanying documentation that must be completed. What criminal offenses have occurred? What are the elements of the crime? As you review the narrative, create a timeline. You will find this extremely useful as events unfold throughout the investigation and you are the primary person responsible for making sure every step is identified and examined through out the case.

PRIMARY GOALS OF AN INVESTIGATION

The primary goals of an investigation are to discover the truth by determining whether or not a crime was committed, identifying those responsible, eliminating the innocent from suspicion, legally obtaining information, and compiling the best possible information for prosecutorial purposes. An investigator must be able to interview and write reports and must be thoroughly familiar with crimes and their elements. Although state and federal statutes vary, each crime has elements that must be established throughout the investigation.

Important Information for Every Investigation

No two cases are alike. Even if you identify a serial offender who continually commits the same offense, the circumstances always vary. For example, a burglar who always targets households in the daytime and enters through the backdoor has established a modus operandi, a method of operation, but every house is different, and each victim deserves an investigation. Who are the victims? Victims can be individuals, groups of people, or corporations. They can be young, elderly, physically or mentally challenged, or you.

Do you know anyone who has been the victim of a crime? Think back on the incident; now that you know there must be a corpus delicti for a crime to have occurred, did a crimi nal offense really take place? What factors were present that meet the parameters for the event to be classified as a crime? Were the perpetrators identified? Were criminal charges placed against them? How do you know whose actions constituted the commission of a crime—or the identity of the perpetrator? Did witnesses identify the subjects? A complainant is the person who reports an incident to the law enforcement agency responsible for responding to that spe cific jurisdiction. The complainant may or may not be a victim of a crime. Think of an example where a complainant is not a victim of the criminal offense that has been committed. A com mon occurrence would be a robbery of a bank or business during the daytime hours. In these circumstances, the complainant may be someone who drives by a store, observes a robbery taking place, then calls the police on a cell phone. This complainant is not a victim. In this situ ation, there may be multiple victims, including the store employee who is being robbed as well as any customers who are in the store at the time.

Look closely at the definition of a crime in your specific state statutes. Actions that are in violation of local ordinances, state statutes, and federal laws are criminal acts. How do you define the elements of a criminal offense? They are clearly identified in the state statutes. Will the prosecutor check your work to ensure you have established the corpus delicti? Absolutely, so material evidence and objective proof must clearly be included in the reports and state ments contained within the case file.

DESCRIPTOR INFORMATION FOR EVERY SUSPECT Name Alias Address Sex Race Hair Eyes Height Weight Age Build Collect as much data as possible, including the following: Complexion Speech/voice Abnormalities Mustache or other facial hair Chin Hands Posture Type of clothing Scars/marks/tattoos Teeth

What makes a person a suspect? First, you must know what constitutes a crime and how to establish it in writing. Proof that a crime has occurred must be established as the first step. A conviction is one of the final steps and cannot occur if reports are faulty or there is no investigative strategy that culminates in an arrest. Your investigation should iden tify a person or persons who appear to be directly or indirectly connected with the crime. Not everyone you encounter in the investigation will be a suspect, so remain unbiased and nonjudgmental.

Investigative Strategy Scene Evaluation Primary? D a t a Identify Resources No Yes Collection of Information Reports Evi de nc e Locate Related Scenes Resources Victim Records Complaint Received Statem ents

Witnesses

Weapon

FIGURE 1-2

Investigative Stra tegy Person Type of Offense Crime Against Assault Elements Robbery Multiple Offenses Rape Number of Victims Property Larceny Homicide Number of Suspects Burglary Arson Timeline Vehicle Theft Low Solvability No Arrest Case Files WARRANTS ARREST

FIGURE 1-3

Review of Basic Crime Scene Investigation

Edmond Locard’s exchange principle makes criminal investigation a reality. Locard’s theory basically states that every contact leaves a trace. Therefore, when a perpetrator enters a crime scene or interacts with a victim, the perpetrator leaves something at the scene and takes something away—that is, there is an exchange of physical evidence. As you become familiar with the case files, you should be able to identify types of physical evidence that must be doc umented, collected, and preserved. Investigators must work closely with crime scene inves tigators (CSIs) as they process the crime scene or the victim. The case files will contain some lists of evidence and show reports of scientific analyses that were performed on the items. But are all the items documented, collected, and sent to the proper facilities for processing?

Moving Forward into the Case Files

ELEMENTS OF A CASE FILE l Incident or offense report l Supplemental report(s) l Victim or witness statement(s) l Entry/exit log l Photo log l Crime scene rough sketch l Crime scene final sketch l Evidence/property sheet l Chain of custody log l Investigative strategy l Timeline l Miranda rights waiver l Field interview card l Affidavit for search warrant l Search warrant l Affidavit for arrest warrant l Arrest warrant l Suspect statement l Consent to search waiver l Request for crime laboratory examination l Crime laboratory analysis report l Polygraph examination report l Autopsy report l Arson investigation report l Photo lineup form l Vehicle inventory/tow sheet l Arrest report l Booking sheet

Now that you have completed your briefing for the content of this book, we are ready to move forward. The book contains case files of commonly encountered types of crimes. Accompanying each case is a narrative that will assist you as you review the seemingly end less array of police reports that must be completed for every investigation. As you read the case, documentation will be provided so that you can see how witness statements and inves tigations are intertwined and become part of a case file. This collection of documents begins with the first responding officer and concludes with a court trial if it is established that a crime occurred and that the suspect identified probably committed the alleged offenses. The cases you are reviewing were developed by a group of graduate students studying criminal justice at Charleston Southern University. The documentation, including photographs, crime scene sketches, statements, search warrants, lineups, and so on, were identified as necessary in order to build a case file that could be presented to the prosecutor’s office to press charges on behalf of the state.

After you have carefully reviewed a narrative and the case file, you will be asked to answer questions pertaining to the investigation. Again, this is the time when constructing a timeline of events will help to determine if additional steps are necessary or if documents are missing that need to be evaluated in order to close the investigation.

When you have completed each of the chapters, it becomes your turn. The final chapter will set up a case for you and provide the necessary information. You will have to establish a strategy for managing the case as well as determining which of the forms are necessary for your case file. The blank forms are provided for you to download and complete based on the information you have learned from this course. It is also your responsibility to generate a case narrative and a timeline to ensure you have identified all the steps necessary to take this inves tigation from the crime scene to the courtroom.

Sample Case

Critical Questions and Activities

1. Review the case narrative, and construct a timeline.
2. Familiarize yourself with the forms and reports contained within the case file.
3. List the elements of each of the crimes contained in the case file.
4. It is possible that not all physical evidence was collected/processed. Create a list of additional physical evidence you believe should have been collected and what type of scientific testing you would request from the crime lab.
5. Explain the key investigative strategies, and describe how you as the case investigator would address those problem areas in this case file. CSI Officer Roberts was called to respond to a street address adjacent to a location where fire- fighters were extinguishing a house fire. The reporting officer, Lonnie Downs, had spotted a pool
6. f blood in the street in front of the residence; the residence was on fire, but no victims had been located. The amount of blood in the street indicated a victim should be found suffering from a severe loss of blood. While Officer Downs began canvassing the neighborhood and knocking on doors, CSI Officer Roberts took photographs and created a crime scene diagram. Having just com- pleted bloodstain pattern analysis training last month, Officer Downs knew how to use string to map
7. ut the path of the blood droplets and determine where the indicators converge. This might iden- tify whether the victim was standing or sitting as the blood droplets were falling. The measurements indicated that the point of impact was the front bumper of the fire engine. Officer Downs questioned the fire truck engineer, who stated he had not seen anyone around the area when they arrived on the scene in response to the fire call. The entire squad deployed immediately and did not treat any patients. Both a fire supervisor and a police supervisor were summoned to the scene.
   Already, several reports must be completed. Which ones have you identified, and who will be com-
8. pleting those reports?

When the fire trucks were ready to clear the scene, the lead fire truck was pulled back to depart. A body was discovered underneath the truck. So now it is a good thing the CSI had already completed his initial investigation by taking photos and mapping the blood spatter.

Apparently the victim was struck by the lead fire truck and had crawled back under the vehicle where he later expired. This is an excellent example of well-trained officers beginning to document actions before it is ever determined that a crime was committed. CSI Roberts had photographs, a sketch, and a stringing diagram of the crime scene. Officer Downs had already begun to complete the preliminary investigation report and had identified all the first responders on the scene. It was, however, impossible to get a statement from anyone else. They were too busy laughing. The victim was an opossum.

Not all investigations are going to lead to criminal prosecutions. This is a good example; how ever, keep in mind that you may not know the outcome of an event or incident for many years. That doesn’t mean that shortcuts are taken or required paperwork is not completed because in your opinion, no crime has occurred. Police officers encounter unexpected outcomes throughout their careers. What appears to be a clear-cut suicide may actually be a well-staged homicide. There is no room for second guessing or taking shortcuts when conducting an investigation and building a case file.

What are the positive outcomes of this scenario? Was due diligence undertaken until a resolu tion occurred? Sometimes you will discover no crime was committed; however, every investigation demands that protocols and standard operational procedures be completed.

And Finally

Many famous instructors and detectives know the key to success is to allow the evidence to speak for itself. An investigator does a thorough and ethical investigation and then hands that case file over to the prosecutorial branch of the American criminal justice system. Criminalist Paul Kirk penned these words back in 1953, and they are still so relevant today:

However careful a criminal may be to avoid being seen or heard, he will inevitably defeat his purpose unless he can also control his every act and movement so as to prevent mutual contamination with his environment, which may serve to identify him. . . . Wherever he steps, whatever he touches, whatever he leaves—even unconsciously—will serve as silent evidence against him. Not only his fingerprints and his shoeprints, but also his hair, the fibers from this clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen that he deposits or collects—all these and more bear mute witness against him. . . . Physical evidence cannot be wrong; it cannot perjure itself; it cannot be wholly absent. Only in its interpretation can there be error. Only human failure to find, study, and understand it can diminish its value.

Kirk P. (1953), Crime investigation. New York: Interscience.

Discussion Questions

1. List four people outside the law enforcement agency who may review police reports.
2. What are three differences between facts and opinions? Why do you need to be able to provide this explanation?
3. Where are the elements of each specific crime identified? Why is it important to document the elements of a crime in the case file?
4. Why is it necessary to develop a timeline for every investigation?
5. Criminalist Paul Kirk tells us that physical evidence cannot be wrong, but the interpretation
   f that evidence can leave room for error. Why is that statement important to criminal investigators?

OBJECTIVE

2

Burglary and Kidnapping

Distinguishing among the criminal offenses and establishing timelines and the sequential events yield valuable information that will increase the probability of case closure through efficient and effective investigation. This chapter incorporates the logical thought process throughout various interviews and interrogations, and utilization of these skills yields a positive outcome for the victims and the detective. The case presented in this chapter involves a group of young teens who set out to steal electronics and end up terrorizing an elderly woman.

KEY TERMS

accident reports

actus reus

affidavit arrest warrants burglary confession crime crime analysis

follow-up investigation incident reports larceny-theft

mens rea

modus operandi

motor vehicle theft offense reports preliminary investigation

What You Will Learn

LEARNING OUTCOMES

recanting robbery search warrants solvability factors supplemental reports traffic citations Uniform Crime Report

l Demonstrate knowledge of the difference between burglary and robbery l Analyze case facts to determine elements for various crimes l Explain the process of reviewing the preliminary report for solvability factors l Gain knowledge of the information necessary to obtain a search warrant l Compare and contrast statements and confessions

CRITICAL THINKING

l Elements of the crime l Types of physical evidence l Establishing the timeline l Why determining the sequential events is critical l Key investigative strategies

Crime Scene Investigation Case Studies

© 20134 Elsevier Inc. All rights reserved.

15

Introduction

This publication contains a series of case studies designed to introduce the various methods of investigation, demonstrate how to create and maintain case files that can be submitted for successful prosecution, and provide insight into recognizing the various elements of crime. Is there a specific definition for crime? Explanations revolve around two central themes: crime is an act or omission that is illegal, which results in injury to the public. Penalties can range from minor fines to a lifetime in prison or even a death sentence. Prosecutors also seek answers to other concerns that must be proven in court beyond a reasonable doubt. First, was there a design or purpose to commit a crime—also known as mens rea or “guilty mind”? Second, was a prohibited act or actus reus committed? Finally, there must be a timely rela tionship established between the intent and the act. To charge an individual with a criminal offense, the facts developed during the investigation and the physical evidence, statements from victims, witnesses, and other sources must combine to show the alleged perpetrator had the capability and intent and that a crime did occur.

How We Track Crime

There are two major categories in which serious crimes are classified: crimes against property and crimes against persons. What offenses fall into each of these categories? The most seri ous crimes are those committed against people. The Federal Bureau of Investigation collects crime data using the Uniform Crime Report (UCR), which consists of information reported on a monthly basis by more than 16,000 law enforcement agencies in the United States. Part I offenses are the following crime classifications:

l Criminal homicide l Forcible rape l Robbery l Aggravated assault l Burglary l Larceny-theft (except motor vehicle theft) l Motor vehicle theft l Arson

It is important for students and police officers to be familiar with all the Part I offenses because you must classify the crime properly in order to identify the elements and assure that a criminal offense has occurred. This chapter focuses on a multiple-offense situa tion—that is, several crimes are committed at one time by a group of people. Every criminal violation must be accurately identified to ensure the prosecution team proceeds correctly with charges and sentence recommendations against specific individuals involved in the crimes.

DEFINITIONS OF PART I OFFENSES

FEDERAL BUREAU OF INVESTIGATION (FBI) UNIFORM CRIME REPORTING HANDBOOK Criminal Homicide—Murder and Nonnegligent Manslaughter (1a)

The willful (nonnegligent) killing of one human being by another.

Justifiable Homicide

Certain willful killings must be classified as justifiable or excusable. In UCR, justifiable homicide is defined as and limited to the killing of a felon by a peace officer in the line of duty or the killing of a felon, during the commission of a felony, by a private citizen.

Criminal Homicide—Manslaughter by Negligence (1b)

As a general rule, any death caused by the gross negligence of another is classified as criminal homicide—manslaughter by negligence (1b).

Forcible Rape—Rape by Force (2a)

The carnal knowledge of a female forcibly and against her will.

Robbery (3)

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence or by putting the victim in fear.

Assault (4)

An unlawful attack by one person upon another.

Burglary—Breaking or Entering (5)

The unlawful entry of a structure to commit a felony or theft.

Larceny-Theft (6)

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

Motor Vehicle Theft (7)

The theft or attempted theft of a motor vehicle.

Arson (8)

Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, and so on.

The full UCR Handbook can be viewed online at

www.fbi.gov/about-us/cjis/ucr/additional-ucr-publications/ ucr_handbook .

Crime Statistics

The annual crime statistics are published in a comprehensive analysis, Crime in the U.S., which can be viewed online at

www.fbi.gov/stats-services/crimestats.

This chapter pro vides the UCR definition of several offenses. The case file presented includes several criminal

offenses. Become familiar with the UCR definitions, and then use this new knowledge to deter mine what offenses have been committed by the perpetrators in each of the case files.

Case Narrative

Consider the following situation: You are dispatched to a residence where the victim states, “I’ve been robbed.” To you, an officer preparing to conduct a preliminary investigation, the victim’s comments convey there was a direct confrontation with a threat of physical violence involved during the commission of the crime. As you check to make sure there are no physically injured victims and then begin asking for a description of the perpetrator, the victim then tells you, “I didn’t see anyone. I came home and found my house had been broken into. They took my com puter and my jewelry.” Do these statements change the type of investigation, the classification of the crime, and the questions you will be asking during your conversation with the victim?

Terminology Used Throughout the Book

This is one of the most prevalent misconceptions among the public. The crime of robbery is defined by Merriam-Webster’s Dictionary of Law as “the unlawful taking away of personal property from a person by violence or by threat of violence that causes fear: larceny from the person or immediate presence of another by violence or threat of violence and with intent to steal” (1996). As you reread the definition, identify the elements of this crime. Compare this definition with the UCR commentary: “Robbery is a vicious type of theft in that it is commit ted in the presence of the victim” (FBI, 2004). When no theft of property in the presence of the victim and no violence or threat of violence occurs, then no robbery took place. The classifica tion of this criminal offense has now been changed to burglary. The UCR defines burglary, or breaking and entering, as the unlawful entry of a structure to commit a felony or theft.

THE DIFFERENCE BETWEEN BURGLARY AND ROBBERY

Burglary and robbery are both felony offenses in most states; however, they are not interchangeable terms. The elements that compose the crimes are very different. Robbery involves the taking of property from a person by another with the intention, knowing, or reckless causing of bodily injury or the threat of imminent bodily injury or death. Aggravated robbery involves the use or exhibition of a deadly weapon or places another person in imminent bodily injury or death. Strong-arm robbery involves the use of physical force or the threat of the use of force. Armed robbery involves the use of a deadly weapon and it does not have to be a firearm.

Burglary requires an unlawful entry or remaining on the premises of another without effective consent of the owner for the purpose of committing a felony or theft. Residential burglaries are the most common; however, commercial burglaries present less risk of encountering victims. A burglary can end up as a robbery when victims are encountered. A crime escalates to a residential robbery or home invasion when force is used in dealing with the residents and items are taken from the victims.

The dynamics of this criminal investigation have just been altered dramatically. Now your focus will be on locating any physical evidence left at the scene rather than immedi ately broadcasting a description of a potentially dangerous individual who just commit ted a robbery. This is just one example of why the definitions of criminal offenses as well as the elements that compose those crimes are carefully studied and why it is important that you are able to determine the clear distinctions between various offenses as you begin your investigations.

The preliminary investigation begins when the first officer arrives on the scene. It con sists of rendering aid to the injured, making the initial inquiry to establish whether a criminal offense has occurred, arresting any suspects who may be present, securing the crime scene, and identifying and interviewing witnesses. Every response to a call for service is different, and the responding officer must ensure quality work during every preliminary investigation. Many times the case will be solved during the preliminary work. There is not a need for a follow-up investigation. However, in the case of most burglaries, the investigation moves on to the detec tive division for further analysis. At this point, the case is examined and ranked according to the potential for bringing about a successful conclusion. Solvability factors are issues and cir cumstances that are evaluated to determine whether or not further resources will be assigned to the case.

SOLVABILITY FACTORS

What are solvability factors? Information and identification leads that are most likely to result in the successful conclusion of the criminal investigation are considered significant factors when determining whether or not to assign additional resources to a case. This information is generated through the preliminary investigation, which is conducted by the first officer to arrive at the scene of a crime. After determining that a criminal offense has occurred, the responding officer will begin to gather information that includes the following:

1. Witness identification and the availability of witnesses
2. The name(s) of the suspect
3. Knowledge regarding the location of the suspect
4. Information about the description of the suspect
5. Validity of the identification of the suspect
6. Information regarding a suspect vehicle and movements of the vehicle
7. Identifiable characteristics, marks, or numbers (traceable) property
8. Significant modus operandi
9. Discovery of useful physical evidence

1. Input from responding officers concluding that no one else could have committed the
   ffense
2. Determining if enough information is available and if a reasonable investigation will solve the crime.

Whether or not the criminal offenses rank high or low on the solvability scale, they are still crimes committed against others. Many times, the data containing the circumstances of the crime are recorded and the reports are filed. If there is a low solvability factor, detec tives must focus on other offenses. Follow-up investigation efforts do not duplicate the steps already completed by the responding officers and are designed to allocate resources to those crimes that have a chance to be solved. The statements of the victims and witnesses will be analyzed to pinpoint commonalities and discrepancies. Suspect statements are also weighed for their value as detectives seek to determine a productive investigative strategy for each case.

Many times investigators will recognize the modus operandi (method of operation) from reports of the same type of crime being committed in the same manner or circumstances. For example, a string of car burglaries has been reported over the past two weeks. The crimes occur between 2 a.m. and 6 a.m. at car dealerships. The thieves are taking catalytic converters from the underside of the cars and the airbags from the passenger side of the dashboard. At least twice a week, the detectives are responding to calls from area car dealerships. What are the elements of this crime? Are the dealerships being robbed? What seems to be a sound inves tigative strategy for this series of criminal offenses?

In this type of crime, it is important for law enforcement agencies to coordinate their efforts and information. Investigators should survey possible outlets where the catalytic converters and airbags are being sold illegally, use a mapping system to gain an idea of when and where the victim dealerships are located to determine if a pattern emerges, talk with managers to discuss whether they have disgruntled employees or former employees, and work with patrol supervisors to establish special emphasis patrols of car lots by uniformed and plainclothes personnel. There are various ways to integrate information and share resources in an effort to prevent further crimes from occurring and identifying those guilty of the offenses.

Integrating this information onto a geographic mapping system will result in a more unified effort by establishing factors surrounding the common events—or crime analysis. Location, time of day, the day(s) of the week, partial suspect information gleaned from witnesses or vic tims, and other aspects of the cases can be linked to provide investigative leads. When a crime analyst creates a computer summary of the auto part larcenies, similarities are collated, which may provide a more succinct picture of the offenses.

Using crime analysis information provides law enforcement agencies with a tool that estab lishes a pattern and can help forecast when and where crimes may be committed. With these types of data, police agencies can plan stakeouts or directed patrols when the pattern indicates the next locations and probable days for the thieves to attempt to steal these valuable car parts. There are various ways to integrate information and share resources in an effort to prevent fur ther crimes from occurring and identifying those guilty of the offenses. Crime analysis is not restricted to large agencies. Using this investigative strategy can benefit even the smallest law enforcement agencies, and it can be utilized for any type of criminal offense.

This type of offense would be classified by the UCR as larceny-theft, which is the unlawful taking, carrying, leading, or riding away of property from the possession or constructive pos session of another. Motor vehicle theft is the theft or attempted theft of a motor vehicle—one that is self-propelled and runs on land surface and not on rails. Construction equipment, boats, airplanes, and farm equipment are excluded from this category.

With every investigation there is the paperwork that builds the foundation of the case file. The responding officer will file a report—whether it is an incident, offense, accident, or other type of report varies among jurisdictions and, of course, depends on the situation. For exam ple, accident reports are generally used by insurance adjusters to determine who is at fault and whether or not civil actions need to be pursued. The reports document details of motor vehicle crashes and establish the facts that led to the incident. Traffic citations are issued by police officers who observe traffic infractions that are violations and create hazardous conditions for motorists or pedestrians. Generally traffic citations are adjudicated through municipal courts and can result in fines and judicial orders for the offenders to attend a driv ing school. There are criminal charges that can arise from a motor vehicle crash, including impaired driving, and there can be stolen vehicles, police pursuits, and hostage situations— but each of these events would be accompanied by additional reports.

Incident reports are often used to document events when no further investigation is war ranted: there may not have been any criminal intent by the actions that occurred, or prop erty may have been found and reported to the police. Offense reports are filed for crimes, even where there is no physical evidence or witnesses. For example, if a construction com pany reports twelve orange barrels are missing from a site with no witnesses and no real time frame for investigation, an incident report would be filed to document the loss. However, if the construction area is under video surveillance and a review of the recording shows the barrels being taken by perpetrators, an offense report would be completed to document the theft of the property.

Once an investigation is under way, there are plenty of additional forms to complete. Detectives who are conducting follow-up investigations will take statements from witnesses, victims, and suspects. Reports documenting activity on the case (visiting locations, following up on leads, corroborating information) as well as narratives, transcripts of interviews, time lines, and case progress reports consume valuable time but provide immense value to the overall investigation. Case files are built and maintained so that all activities are chronicled. It may be months or even years before a case is solved, and the case file must be adequately maintained so that the facts can be accurately presented in the courtroom. It is just as impor tant to document inaccurate information or leads that turn out to be useless. These actions all reflect an investment of time and valuable resources. If another investigator reviews a case file, it should clearly identify all actions taken to eliminate duplication of effort. Supplemental reports document these additional activities in the case file.

Warrants cannot be issued until an affidavit, which is a sworn statement containing all the facts necessary to establish probable cause, has been presented to a judicial authority. The same is true whether the investigator is seeking an arrest warrant or a search warrant; a judge or magistrate must sign the affidavit, and then it becomes a court order to any lawful police officer in the jurisdiction. These processes require substantial paperwork to maintain the credibility of the investigation, assure that any physical evidence located during the execu tion of a search warrant is admissible, and ensure that a suspect was legally arrested.

Many types of statements are gathered during the course of an investigation. Victims, wit nesses, and people who may have general knowledge of the conditions surrounding an inci dent (such as medical professionals or subject matter experts) all become contributors to the case file. For the detective, this is how a case is built, how the facts are determined, and how an investigative strategy is developed. Many new avenues of potential information can be revealed through the use of effective interview techniques. Skilled investigators can quickly determine the value of information provided by witnesses and redirect the focus of the ques tions when the responses do not yield useful answers.

For every interview and interrogation, a Miranda rights waiver must be read and signed, statements written, and accurate records maintained so that no allegations of threats or coer cion can be leveled against the investigators. Statements must be given voluntarily. If a suspect chooses to invoke the right to remain silent, the detective must honor that request and terminate the interview. With video or audio recordings of interviews becoming more prevalent in this age of technology innovation, it is much easier to demonstrate the conditions during the interview. Transcripts of these conversations are also placed in the case file and can play a major role in the detection of discrepancies among witnesses, victims, and alleged perpetrators.

MIRANDA RIGHTS AND WAIVER

1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney and to have that attorney present during questioning.
4. If you cannot afford an attorney, one will be appointed for you.
5. Do you understand each of these rights?
6. Understanding each of these rights, do you wish to speak to me without a lawyer being present?

When a suspect provides a confession, additional statements and documentation must accompany that effort. The confession is a disclosure of one’s actions and may be given orally or in writing. The suspect should be asked to provide a written statement in addition to the audio/video recording. For agencies where audio/video recording equipment is not available, the handwritten statement becomes invaluable, even though suspects can later withdraw or repudiate a former statement, which is known as recanting. It is important to remember that suspects can provide information in their confessions that implicate others; and investiga tors must focus on obtaining complete information including last names, dates, locations, and other data to substantiate the claims made during a confession.

Prosecutors rely heavily on the accuracy and totality of the documentation in the case files when considering which charges to pursue against specific defendants, so intense scrutiny is focused on the accuracy of the statements contained in the files. Remember that when people provide statements, they may not always be truthful; in some instances they may have volun teered to come in and give you a statement in an attempt to divert investigation from them selves and on to others.

SAMPLE CRIMINAL CODES

SAMPLE CRIMINAL CODE FOR BURGLARY

1. A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.
2. A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:
   When, in effecting entry or while in the building or in immediate flight there from, he or another participant in the crime:
   Is armed with a deadly weapon or explosive; or
   Causes physical injury to any person who is not a participant in the crime; or
   Uses or threatens the use of a dangerous instrument; or
   Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or
   ther firearm; or

   The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
   The entering or remaining occurs in the nighttime.

C.

1. Burglary in the second degree pursuant to subsection (A) is a felony punishable by imprisonment for not more than ten years.
2. Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided that no person convicted of burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one third of the term of the sentence.

SAMPLE CODE FOR POSSESSION OF BURGLARY TOOLS

Making, mending or possessing tools or other implements capable of being used in a crime.

It is unlawful for a person to make or mend, cause to be made or mended, or have in his

possession any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other implement or thing adapted, designed, or commonly used for the commission of burglary, larceny, safecracking, or other crime, under circumstances evincing an intent to use, employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be so used.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than five years, or both.

SAMPLE CODE FOR KIDNAPPING

Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years unless sentenced for murder as provided in Section 16-3-20.

Witnesses may not remember details—the events to which they were subjected may have been traumatic, emotional, or too immense for them to accurately recount in an initial state ment. Sometimes people are interviewed numerous times, and each interview will have the ancil lary paperwork to substantiate the discussion. It is extremely useful for the detective to establish a strong working relationship with the prosecutor’s office so that complicated cases can be discussed and reviewed while the investigation is continuing. The insight of the prosecutor charged with overseeing the case can be very beneficial in the overall development of the investigative strategy. Do not wait until the investigation is complete to seek the advice of the prosecutor’s office.

Crime scene investigation adds a plethora of documentation, photographs and sketches, chain of-custody forms, logs, video recordings, fingerprint cards, and final reports from crime lab analy ses of physical evidence. Each facet of the investigation relies on the coordination of activities and paperwork in order to sustain the integrity of all physical evidence involved in the investigation.

The ability to construct complete case files matures over time. By developing a chronologi cal timeline as you read the documents of a new investigation, you will be creating a picture of what happened, when, where, and who was involved; a review of the case progress thus far may even reveal an answer as to why this crime occurred.

Case File: Terrorizing an Elderly Woman

Case File Elements

l Incident/offense report l Supplemental reports l Victim/witness statements l Miranda warnings l Suspect statements l Follow-up l Additional keys to solving the investigation l Photo lineups l Search warrants and returns l Property/evidence–chain-of-custody forms l Crime scene logs

Critical Questions and Activities

As you move into the case file, reflect on the various aspects of paperwork that lead to substantiation of the facts. Determine how the case begins and builds on each new fact that is uncovered through out the investigation. Remember to identify the elements of the crimes as you study the various forms and reports that compose this case. It is possible you may identify additional steps that could have positively affected the progress of this investigation. Look for any discrepancies among state ments, paperwork, and the ultimate outcome of the investigation. What types of physical evidence did you note? Was it accurately identified and documented?

You are now assuming the role of the defense attorney. Review the case as if you are representing one of the defendants. Did you detect any deficiencies that might result in a different outcome for your client? What steps were taken that led to the resolution of this investigation? What investigative strategies did the detective use?

Call to the Scene

12:49 p.m.—Friday, 17 December 2010

Detective Sergeant Meador was in the office talking to a patrol officer about what would be a good gift to buy his son for Christmas. The two were joking about past presents and comparing gifts their children had made for them in school when Detective Meador’s cell phone began to ring.

“Detective Meador?” a voice asked through the line. “It’s Sergeant Johnson from patrol. I’m call ing to let you know about a home invasion and possibly a kidnapping or maybe a wrongful impris onment involving an elderly lady.”

“Good afternoon to you too, Sergeant,” Meador replied wryly as he got out his notebook. “What’s the situation?” “One of my officers is at a scene where an elderly woman was forced into her bedroom and her home robbed. She’s pretty shaken up about the whole thing.”

“Was she harmed during the break-in?” Meador asked, scribbling notes on the pad of paper. “No, although the Emergency Service Technicians (EMTs) are on the scene because she is very

shaken up. The address is 401 Thirteenth Street. Your victim’s name is Marian Fletcher.”

“On my way,” the detective replied.

Residence of Marian Fletcher

Detective Meador arrived at the scene at 1:15 p.m. and saw the EMS squad talking to a visibly upset elderly woman. After a brief conversation with the responding officer, Meador headed over to the crying woman and nodded to the EMS crew as they backed away to allow him to conduct his initial interview.

“Good afternoon, ma’am. My name is Detective Sergeant Meador. I am sorry you had to experi ence that ordeal; and I promise to do all that I can to find those responsible. Do you think you could answer a few questions?” “S-s-sure,” she stammered, visibly shaking, “I’ll try.” She stated that it all happened so fast. As she began to tell her story, it became apparent that she was too emotional to give a full accounting of the events, but Detective Meador decided to attempt to gain some minor but useful details and would save the full narrative for a time when she was more composed.

“Did you get a good look at who did this to you?” he asked. “Only one of them. Before he pushed me back I saw his face. He was a regular looking fellow to me.” “One of them? There were multiple people?” the detective asked. “Y-y-yes. I didn’t see the other two boys’ faces, but one of them had a jacket like my grandson,

James Jones; but he goes by J.J.”

“So the people who did this were all male?” Meador asked. She nodded and dabbed newly form ing tears from her eyes.

When Detective Meador asked her if she could describe the jacket, she said that if it was like her grandson’s, it would have to be a purple letter jacket from East Ashley High School where J.J. attended school.

Mrs. Fletcher began to cry again, and Detective Meador decided it was time to wrap it up until she had regained her composure. “One last question for now,” he said, “How old do you think the people who did this to you are?”

She said, “They were in their teens, no older than my grandson who is 18.” The detective handed her his business card and told her to call if she thought of anything else that might be helpful. He advised her that he would contact her later for more information, and she thanked him between sobs. Mrs. Fletcher was transported to the hospital by the EMS squad at 1:40 p.m.

Detective Sergeant Meador’s Statement

Initial Summary of Events on Scene

I met with first responding officer Amanda Barrett upon arriving at the scene at 1:15 p.m. She explained that she arrived at approximately 12:35 p.m. after receiving a call about a home invasion. Marian Fletcher, the victim, was “hysterical” when she arrived. Mrs. Fletcher is a resident of the home and was in her bedroom when the burglars entered. Mrs. Fletcher is a white female, approxi mately 75 years old. Officer Barrett called for EMS at the request of Mrs. Fletcher, who was feeling weak and complained of chest pain. The officer also requested a CSI to process the scene. While waiting for EMS to arrive, Officer Barrett tried to calm Mrs. Fletcher down and obtain some basic information about the alleged crime.

A second responding officer, Julie McCoy, arrived on the scene at 12:45 p.m. and immediately began to search the house for possible suspects. Upon finding the home empty, she began to tape off the area and tried to locate potential witnesses outside. EMS arrived at 12:47 p.m. and entered the residence only as far as the foyer. Officer Barrett quickly asked them to please take Mrs. Fletcher out side to the ambulance so the officers could begin to secure the scene. One of the EMTs shared with me that they would be transporting Mrs. Fletcher to Runnymead Hospital for further evaluation.

The officers told me they found a muddy shoeprint on the back porch.

FIGURE 2-1

They said it appeared that the back door was pried open.

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The only room that seemed to be in disarray was the living room. It was littered with wrapping paper and Christmas gifts.

They explained that Mrs. Fletcher was not able to provide much information because she was in her room when she heard the burglars. When she opened the door and called out, someone shoved her backward and quickly closed the

door.

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She stated she was unable to open the door while they were in the home. The responding officers offered to walk me through the home and share what they viewed as potential evidence. Just about that time, CSI Perry arrived to begin his processing of the scene. It was approximately 1:30 p.m.

Officer’s Walkthrough of the Scene

The four of us left the disheveled living room to examine the rest of the home. Officer Barrett led me through the dining room into the kitchen to view what appeared to be the point of entry, the muddy print and the back door. The officers stated they would be outside writing their reports if I needed anything. We established the front door area to be our point of entry to avoid contaminating the crime scene.

CSI Perry’s Statement

Crime Scene Inspection

I arrived at 401 Thirteenth Street, Misola, Alabama, at 1:30 p.m. on Friday, December 17, 2010. I immediately got out my camera and began photographing the scene. I donned a primary and sec ondary set of gloves and began at the back door where it is obvious that the perpetrators gained entrance. I noticed there was some minor damage to the doorjamb. It appeared to have been made by a small tool, such as a screwdriver or crowbar. I photographed the damage and asked Officer McCoy if she saw any tools in the home lying in a conspicuous place. She told me no, so I asked her to search the perimeter of the home for any tools. At the back door I noticed a set of shoeprint impressions on the patio with a Nike logo visible.

Knowing the importance of transient evidence, I took several pictures of the shoeprint and immediately lifted the impression using a gel lifter to preserve the shoeprint. I continued into the home on my hands and knees with a flashlight looking for more shoeprints. However, it appeared that the trail stopped at the patio and the mat at the back door appeared to have been used to wipe off the muddy shoes. Another possibility is that the perpetrators may have removed their shoes at this point. I took a scraping from the mat and sealed it in an evidence container. The kitchen appeared to be untouched. There was one plate in the sink, a possible source for DNA. I noted it and continued my walkthrough. There were two entrances into the living area. It is not clear which entrance the perpetrators went through to get into the living room. I chose to enter the area through the dining room. I examined the dining room table, using the alternate light source (ALS) and noticed there were a few fingerprints on the tabletop. I noted the prints and returned to process them once the crime scene sketch and photographs were completed.

I entered the living room and found Christmas wrapping paper scattered everywhere. There were ripped-open boxes and clothing strewn about also. It appeared that all of the gifts were opened, but some contents were obviously missing. I knew from Mrs. Fletcher’s statement to Officer Barrett that the burglars did not enter the back three rooms because she was locked in that part of the house. I continued down the hallway and into the back bedroom. The bedroom door was shut. When I opened it everything appeared to be in perfect order. The bed was made and the room looked very clean with no dust on the dressers.

On the way to my vehicle to get more supplies, I encountered Mr. Robert Jones, the homeowner. He was anxious to go into the home and do his own searching, but I told him the area must be processed and evidence collected before he could gain access. He reluctantly agreed to take a quick glance around to help me determine what might be out of place.

We started again at the back door. He immediately noticed the muddy shoeprint and stated it was not there in the morning when he let the cat out. He looked at the back door and was vis ibly upset at the damage. He looked around the kitchen and stated that everything was like he left it, except for the plate in the sink, which he stated was probably his mother-in-law’s, Marian Fletcher. We went through the dining room and entered the living room and Mr. Jones gasped. He knew immediately what gifts were missing—they are all for James, his son. A Sony PlayStation 3, a Nintendo Wii, and a Nintendo DSi XL—all video gaming devices—were missing. He stated that they all had the same kind of wrapping paper. This, he said, was a trick he uses so that eve ryone knows which gifts are theirs. Mr. Jones did not touch anything. He advised he did have all the receipts for the gaming devices and that he would provide those to Detective Meador because they would have the serial numbers needed to identify the property should it be located.

I asked him about the bedroom, and we walked to the back of the house. He asked if the door was closed to the back bedroom. I told him it was. He told me they do that to keep the cat out of the room.

Officer McCoy came into the home and informed me that although she did not find any tools, they did find a cigarette butt in the backyard near the patio.

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Mr. Jones stated that none of the residents or usual visitors are smokers. Officer McCoy showed me where the cigarette butt was located, outside the door beside the patio. I placed a protective covering over the cigarette butt and returned inside to continue my analysis of the crime scene.

James Jones (J.J.) pulled into the driveway and spoke to his father briefly. It was approx imately 1:55 p.m. Officer Barrett talked with him and advised him that he could not enter the house until the CSI had finished processing the scene. J.J. stated that he did not know who might have broken into the house. Both father and son were fingerprinted for elimination purposes at 2:10 p.m., and they left together to go to the hospital to see Mrs. Fletcher. I reentered the home to finish documenting, collecting, and preserving of the physical evidence. I lifted several latent fingerprints from the tabletop in the dining room and from the door of the bedroom where Mrs. Fletcher was imprisoned.

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On the outside of the house, there was a lot of damage on the wooden doorjamb done with the sharp tool the perpetrators used to gain entrance to the house.

FIGURE 2-11

I photographed the area and then used a silicone casting agent to make copies of the impres sions left in the wood by the tool. I collected one cigarette butt lying in the grass beside the concrete patio near the entrance to the house. I also collected the plate from the sink for processing as well. Detective Meador had requested that I collect a soil sample from the doormat, which I gathered in a paper box.

A full list of all evidence was completed and added to the case file. I cleared the scene at 4 p.m. The residence was secured and turned over to Detective Meador.

Neighborhood Interviews—Detective Sergeant Meador

Detective Sergeant Meador released Officers McCoy and Barrett from the scene at approximately 2:15 p.m. CSI Perry secured the scene and was processing inside the house. The detective decided that he would canvass the neighborhood for witnesses while he waited for Perry to finish.

The residence was on a corner with a cul-de-sac behind it. There were five homes in the cul-de sac. The neighborhood is a middle- to upper-middle-class area and appeared to consist of largely two-income families, as no one had attempted to approach the scene at the sight of police cars and an ambulance nearby. The detective decided to try each surrounding house to see if anyone was home.

Detective Meador tried the home directly behind the scene, 786 Holiday Road, to no avail. The house next door, 788 Holiday Road, was inhabited. As Detective Meador knocked on the door, a woman answered.

“Good afternoon, ma’am,” Meador said, “My name is Detective Meador and I was hoping that I could ask you a few questions about an incident that occurred next door.”

The woman introduced herself as Ms. Murphy and invited the detective in. As they sat in the kitchen sipping coffee that she had insisted upon serving, Detective Meador learned that yes, Ms. Murphy was home at the time of the incident.

“I saw three boys in their backyard around noon,” Ms. Murphy said, “But I didn’t think anything of it because it looked like one of the boys was J.J. in his purple letter jacket.” When pressed, though, Ms. Murphy could not say for certain that the boy she had seen was definitely James Jones. “Like I said, I just didn’t think too much of it, so I didn’t pay that close of attention. I’m sorry, Officer.” “Did you hear anything unusual during this time period? Loud noises? People yelling? Things breaking or crashing perhaps?” Detective Meador asked.

“No, no, not that I can recall. My goodness, what has happened?” “When you saw the three boys in the backyard,” Meador began, “you said it was about noon. How

certain are you about that time frame?”

“Absolutely positive,” she replied, “Bob Barker reruns start every day at noon on the Game Show Channel, and I haven’t gone a day without seeing Bob in almost twenty years!” She said with a chuckle. “Do tell me what has happened!”

“Marian Fletcher’s house was broken into today, and some of the Christmas gifts were taken. I’m trying to determine who might be responsible for those crimes. Thank you, ma’am, for your assis tance. Here’s my card. If you can think of anything else, please give me a call.”

“Absolutely, Officer, and if any of your boys out there would like some coffee or tea, let them know they are welcome here. Thanks to all of you for the good work you do.” “Thank you, ma’am. I’ll be sure to pass the word along,” Meador said with a smile as he pulled the front door closed behind him.

Meador continued canvassing the area. The next two homes, 790 and 792 Holiday, were vacant also; however, a Mr. Jack answered the door at 794 Holiday.

“Yeah, I was home around noon. Make my lunch while watching the Noonday Show every day.” When plied with questions about the incident, Mr. Jack reported that he did hear a loud noise in the Jones’s backyard, but when he looked outside and saw three boys at the back door. He went back inside.

“It’s not unusual for the neighbor boy to come home for lunch with his friends,” Mr. Jack said. “Are you certain one of the boys you saw was James Jones, or J.J.?” Meador asked. “Certain? Nah, I didn’t look that closely. I just assumed. I mean, who else could it be?” Mr. Jack paused and looked thoughtful for a moment, “Well, except burglars, I guess. Sorry, Detective.” Detective Meador thanked the man and continued his canvass.

The last home in the cul-de-sac at 796 Holiday Road was vacant as well. Detective Meador then headed to the home next to the Jones’s at 403 Thirteenth Street and found no one home. At 405 Thirteenth Street, a Mr. Karl Neal answered the door. Detective Meador introduced himself and apprised Mr. Neal of the situation. Mr. Neal informed the detective that he worked third shift (11 p.m. until 7 a.m.) at the Robert Bosch plant.

“I was sleeping until around noon when I got woke up by some kind of home repairs, it sounded like hammering or something. I looked out my bedroom window but saw nothing special.” Mr. Neal said that his wife was also home at the time of the incident but was gone to pick up the kids from school. Detective Meador gave Mr. Neal his business card and told him to contact him if he or his wife had further information.

The detective headed over to the final house in the area at 402 Thirteenth Street, across from the crime scene. A retired naval officer named Jayson Edwards answered the door.

“My family and I were getting ready to take a trip up to Pennsylvania. I was loading the RV around noon.” “Did you see or hear anything unusual?” Meador asked. “No, no sorry, sir. I was too involved in my work. I’ll tell you what though,” Mr. Edwards said, “I’m pretty active in the Neighborhood Crime Watch Committee. I’ll check around with anyone else on the committee to see if anyone knows anything. Do you have a way I can get in touch with you if I find out anything?” Detective Meador gave him his card. “I’ll let you know if I hear about anything. And hey, when this is all said and done, do you think you could give us the full score on this thing so that we can be more prepared in the future?”

“Sure thing,” Detective Meador said, thanking Mr. Edwards as he left.

At 9 a.m. I called the victim, Mrs. Marian Fletcher, to see if I could visit with her for a follow-up inter view. She agreed, and I arrived at the home at 9:30 a.m. Mrs. Fletcher is a 76-year-old white female and resides in the home with her son and grandson. She was still visibly shaken and emotional. I received permission from Mrs. Fletcher to record our interview after I explained it would be easier to listen to her and take notes later. I asked her to tell the whole story in her own words. (A copy of the transcript of this interview has been placed in the case file.) Mrs. Fletcher stated she was in her bedroom at around 12 p.m., at which time she heard a noise at the back door. She described the noise as sounding like a hammer hitting wood. It startled her, so she looked out her bedroom door. Mrs. Fletcher saw three white teenage boys entering the house through the back door. She stated the young men appeared startled when they saw her. Immediately, the tallest young man grabbed her by the shoulders, pushed her back into the bedroom, and pulled the door shut. Mrs. Fletcher said she heard a lot of noise in the living room. She stated she was afraid to come out of the bedroom because one of the boys had what looked like a screwdriver in his hand.

Mrs. Fletcher told me she waited approximately 15 minutes and then looked out the bedroom door. She stated that there had been no noise for approximately 10 minutes. She observed a very messy living room. There was Christmas wrapping paper scattered on the living room floor. She looked at the clock to see what time it was and remembered that it was 12:18 p.m. She stated she was concerned because those boys made a big mess in the 5 minutes they were in the house.

I asked her if she could possibly identify any of the boys. She was sure, if she was given a photo lineup, she could pick out the one who pushed her. She stated that he was approximately 5’10”, just like her grandson. He had short, dirty blond hair and a mild case of acne. She further stated that all three boys were white, but that was really all she remembered about the other boys. I then finger printed her so that I would have her prints on file for elimination purposes and told her that if she remembered anything else to please call me.

I headed back to my office with the recorded interview and began working on my options to solve this case. From the interview, I decided to go to East Ashley High School and speak to the school resource officer (SRO). I arrived at 1 p.m. in hopes of discovering more information about the jacket that one of the suspects was wearing. Surprisingly, the staff was excited about helping me and told me they would give me whatever information was needed. They felt like the person responsible for committing this crime against an elderly person needed to be apprehended. I asked the secretary, Jasmine Sowell, for the roster of students that either missed school or were present for classes before lunch but didn’t show up to any classes after lunch on Friday. Ms. Sowell was able to provide a printout of students who met those criteria.

She stated that the person we were looking for was Raymond Lewis. I asked her why she thought Mr. Lewis was involved, and she stated he had been suspended from school for various behavioral offenses. His last suspension was the result of getting into a fistfight at school. Having a high level of aggression put him at the top of my suspect list. The list had seven students on it: Raymond Lewis (senior), Crystal Miller (sophomore), Cathy Washington (junior), Mark Lockhart (senior), Derrick Clark (senior), Joe Smith (senior), and Ron Johnson (junior). The two females were eliminated immediately because the attackers had been all males. When asked whether the remaining names on the list had an excuse or reason to be out of school, Ms. Sowell said that Mr. Lockhart brought in a doctor’s excuse for Friday; he had a stomach virus. I asked about the remaining three boys’ history at school. She told me they all were on the honor roll and never had been in any disciplinary trouble. They all played on a sports team at some point in school. I asked for the addresses of the suspects, but she stated that it was school policy to not give out that type of information without a warrant. I left the high school at 1:45 p.m..

Once I returned to my office, I ran the list of names through the Alabama Department of Motor Vehicle records and retrieved the addresses of the students on the list given to me by Ms. Sowell at East Ashley High School. Mr. Lewis’s address was conveniently the closest one to the station. I decided to pay him a visit once school was out for the day. Of the four possible suspects he fit the profile of a person that would be involved in a home invasion.

4:14 p.m.—Monday, 20 December 2010: Residence of Raymond Lewis

Detective Meador arrived at the home of Raymond Lewis in time for school to have let out. The home was located in a middle-income suburban neighborhood. It was a two-story brick house, and the yard looked well maintained.

The detective knocked on the door and a 6’ tall young man with brownish blond hair, presum ably Raymond Lewis, answered.

“Can I help you?” the boy asked. “Raymond, I take it?” Meador began, “My name is Detective Meador.” “What can we do for you?” a gruff, older-sounding voice asked. An older man joined Raymond at the

door.

“Seymour Lewis, I presume?” Meador asked. “Raymond’s father?” “Yeah, what about it?” the older man replied harshly. Sensing they were none-too-friendly toward his intrusion, Meador decided to take a different tactic to the interview by not mentioning the robbery.

“Sir,” Meador said, addressing the father, “your son didn’t go to school Friday, and I’m checking to see why he missed school that day.” “It was my girlfriend’s birthday,” Raymond blurted out. “We spent the whole day together. She’s a freshman at Hemming University, so I drove up to Jackson to surprise her.” “Do you have any proof that’s where you were?” Meador asked. “Now wait a minute…,” the father began.

“No, Dad, it’s cool. Be right back.” Raymond went back into the house and returned a few moments later with a purple parking garage ticket that read “Hemming University Central Parking.” The pass was stamped with the words “free 12-17-2010. 9 a.m.–5 p.m.”

Meador pondered. The university was almost an hour away, but this ticket alone only proved he was at the university that day, not that he wasn’t also at the Fletcher residence. “What’d you have for lunch while you were up there?” Meador asked, “Take her out to a nice meal for her birthday?” “Yeah,” Raymond replied, “Went to one of those Japanese steakhouses where they cook the food right in front of you. Here, take a look.”

Raymond pulled out a smart phone with a video recorder and showed the detective a video of the staff of a Japanese hibachi restaurant singing “Happy Birthday” to a young lady. The video turned to show Raymond holding the camera facing himself singing along with the group. Meador noted the timestamp on the video as 1:28 p.m.

“Are we done here?” the father asked in an impatient voice. “Yeah, yeah, we’re done. Thank you both for your time.” The door slammed in Meador’s face before he could finish his sentence.

At approximately 11 a.m. I returned to East Ashley High School in response to a call I had received from John Marques, the tool shop instructor at the school. Mr. Marques informed me he had read the police blotter in the East Ashley Journal Scene concerning a breaking and entering complaint from a residence that is in close proximity to the high school.

• Marques said once he read about the crime he decided to do an inventory of his tool crib to

• ascertain if anything was missing or out of place. Mr. Marques stated that a large, Kobalt brand flat- head screwdriver was missing from the tool crib.
  I asked if the screwdriver was checked out, perhaps, from the tool crib, but he stated he had
• taken full inventory that morning and the tool was in place. A microscopic comparison to determine consistency or inconsistency could be completed if the screwdriver could be located. CSI Perry had collected a silicone impression of the tool mark on the door and had taken several photographs of the damage that had been done to the doorjamb.
  Before I left the school I stopped by the school resource officer’s (SRO) office. I was given four
• yearbooks so that I could create photo lineups for Mrs. Fletcher to view. When I returned to the
• ffice, I began immediately putting together three different lineups, one containing each suspect. Mrs. Fletcher was contacted and agreed to view the lineups the next day.

Wednesday, 22 December 2010

At 9 a.m. I arrived at the Jones’s house to meet with Marian Fletcher. I explained to her the rules of the photo lineup. I asked her if she was nervous. She did tell me she felt pressure to pick out the boy that pushed her. I told her not to let her anxiety affect her decision. We sat at her kitchen table and I displayed the first set of pictures, with Ron Johnson’s picture included. She stared for about a minute and told me, sounding very upset, that she did not recognize any of them with certainty. The next group had Derrick Clark’s picture included. She looked and stated none of them looked famil iar either. I brought out the final group of photos, this one contained Joe Smith’s photo. Mrs. Fletcher almost immediately recognized Joe Smith, exclaiming “It’s him!” I asked her to please make sure that he was indeed the man who pushed her into the room and pulled the door closed. She noted the hair was the same and so was the complexion. I flipped the lineup photo over and had her sign it, indicating that she positively identified Joe Smith. I shared his name with her to see if the name sounded familiar. It did not, but she stated she would be sure to have her son call me later to try to establish a relationship or even a

motive

.

At 9:45 a.m. I headed back to my office to secure a search warrant. I had obtained the serial num bers for each of the three gaming devices from sales receipts provided by Mr. Jones. The following items were listed on the search warrant affidavit: one Nintendo DSi XL, one Nintendo Wii, and one Sony PlayStation 3 with serial numbers included, plus a pair of Nike tennis shoes. I prepared my affi davit and headed to the courthouse next door to secure the warrants.

Affidavit and

Search Warrant

State Judge Brian Fielding reviewed the application for a search warrant. He signed it and approved the search warrant, which provided my agency with a legal order to search both the residence and the person of Joe Smith, located at 707 Richter Drive, Misola, Alabama.

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Wednesday, 22 December 2010: Search of Joseph Smith’s Residence

Detective Meador notified central dispatch of the warrants, and CSI Perry along with two additional patrol units were assigned to aid in serving the warrant. At approximately 2:45 p.m. the four arrived at the residence of Joseph Smith, 707 Richter Drive. The two patrol officers covered the back of the house, and CSI Perry and Detective Meador knocked on the door.

A white female answered the door. “Yes, can I help you?” “Ma’am, my name is Detective Meador and this is CSI Perry. We have a warrant to search these

premises.”

“What’s going on here? What do you mean? What happened?” the woman babbled. Detective Meador read the search warrant to the woman, who identified herself as Sophia Smith, the mother of Joseph Smith. After reading the warrant, he motioned for her and her son, who had joined her at the door, to follow him outside while CSI Perry and the other officers entered the house to conduct the search. Meador explained the crime and the known facts of the case up to this point and added that her son had been identified as one of the perpetrators.

After an hour of thoroughly searching the house, neither the gaming devices nor the Nike tennis shoes were located. The home was small and there were not many hiding spaces.

“Joe, you’ve been identified as a suspect in a crime. I need you to come down to the station and make a formal statement. This is your chance to set the record straight before things get any worse.” Joe Smith nodded demurely, and his mother stated they would meet him there.

Transcribed Interview with Joseph Smith, Conducted by Detective Sergeant Meador

Wednesday, 22 December 2010

BE ADVISED: In accordance with all federal, state, and local regulations, all formal interviews con ducted by police officials are digitally recorded.

Detective Meador: “Interview 29432 A Detective Sergeant Meador interviewing Joseph Smith, white male, eighteen years of age. It is 5:45 p.m. on Wednesday, December 22, 2010. [brief pause] Mr. Smith, can you please verify that you have been informed of your rights, that you do not have to speak to me if you do not want to, and that you have the right to have an attorney present at this interview.

Joseph Smith: “Yes, sir, I’ve been, uh…so advised.” Detective Meador: “And it is your intention to waive these rights today, is that correct?” Joseph Smith: “Yes, sir. I signed the form.”

Detective Meador: “As we have discussed, you have been identified as a suspect in a criminal burglary and unlawful imprisonment case involving Mrs. Marian Fletcher. Could you please tell me, in your own words, why you have been implicated in these events?

Joseph Smith: “Yes, sir. Look, I want to tell my side of the story and put this situation behind me! This whole thing was a way to teach that jerk J.J. a lesson and get some good gifts; but the whole thing, it just went too far! In class J.J. was bragging about all the gifts he was going to get this year for Christmas. His grandma and his parents had all got him the gifts that he had asked for. That’s so not fair! Why should he get more gifts? His parents are divorced for God’s sake. Do you always get your kids everything they want?”

Detective Meador: “This is not about me, Mr. Smith. Just tell me about your involvement.” Joseph Smith: “It’s all J.J.’s fault. Ron and J.J. have third period math and J.J. was bragging about all his gifts, so Ron developed a plan to steal them. Ron said J.J. mentioned that he helped pick out his gifts and he already had a PS3, Wii, and a Nintendo DX under his tree. I was looking forward to keeping the Wii for myself. I really enjoy the bowling game. Do you play?”

Detective Meador: “Please tell me full names. J.J. is?” Joseph Smith: “J.J. is James Jones, but he always goes by J.J. Derrick’s last name is Clark, and

Ronald Johnson is the other one.”

Detective Meador: “What was the exact plan?” Joseph Smith: “Derrick played football with J.J. and had been to his house several times so he knew his way around the house. Ron knew that Derrick was mad at J.J. because J.J. beat him for the starting quarterback job in the fall. Ron asked Derrick to tell him the layout of J.J. grandma’s house. Ron told Derrick that he would pay him $20 for the information, but Derrick insisted that he go with us.”

Detective Meador: “Then what happened?” Joseph Smith: “When we got there the house wasn’t empty like we had planned. It was planned to happen on a Friday because J.J. always ate lunch at the YMCA on Monday, Wednesday, and Friday. Ron knew the house didn’t have an alarm and stole a screwdriver from his shop class to open the door. After lunch, we would walk to the house and steal the gifts, then go back to school so we could have an alibi. We were going through the gifts when we heard the old lady. I flipped out and pushed her down! I can get real anxious at times. She freaked me out so I grabbed some gifts and ran. Once we were outside the house, Ron took all of the gifts and said that he would pawn them and give us the money later. Everything was taken to his home. [long pause] Can I still get my money?”

Detective Meador: “Where does Ron live?” Joseph Smith: “948 Horseshoe Road.” Detective Meador: “I need all of that in writing.” Joseph Smith: “I want to make sure that I get a good deal before I put this in writing.” Detective Meador: “The DA does all the plea bargaining, but I will tell them that you helped us. We are now going down to the station so that you can give me all the information, and I have paper work to complete. You are under arrest for burglary. I need to read you your Miranda rights.”

Joseph Smith: “But I am willing to help you! Why would you arrest me?” Detective Meador: “You have told me you were involved in a burglary at James Jones’ house. There may be additional charges, so by going with us and providing a statement voluntarily, you will be plac ing yourself in a better situation when the DA’s office reviews the case file. Mrs. Smith, you may want to contact a lawyer. Later this evening you can come down to the station to check on your son’s status.”

(End of transcript)

Detective Meador’s Statement, continued

I summoned a patrol unit to transport Joseph Smith to the station and once again read him the Miranda rights. Joe Smith signed the waiver and composed a written statement detailing the plan, naming his co-conspirators, and identifying the items taken from the house. He was taken to the jail to await book ing. I prepared my affidavit for an arrest warrant for Joseph Smith for burglary and a second search warrant for Ron Johnson’s house. I also completed the return for the search warrant on Joe Smith’s resi dence at 707 Richter Drive, noting that I did not recover any of the items specified in the search warrant.

Thursday, 23 December 2010: Second Affidavit and Search Warrant

State Court Judge Fielding reviewed my search warrant application and Joseph Smith’s signed con fession. He signed the new application and issued a search warrant for 948 Horseshoe Road, Misola, Alabama. The same four items were again listed on the search warrant, including three gaming devices and one pair of Nike tennis shoes.

FIGURE 2-15

FIGURE 2-16

FIGURE 2-17

I also presented my affidavit to arrest Joseph Smith for burglary of the Jones’s house at 401 Thirteenth Street, Misola, Alabama. A second warrant was issued for kidnapping Marian Fletcher. The warrants were delivered to the jail as I prepared to execute the search warrant on Ron Johnson’s residence.

Attempted Search of Ron Johnson’s Residence

Detective Meador notified dispatch of the new warrant, and CSI Perry and two patrol units were assigned to the warrant service. Arriving at Ron Johnson’s home at 9:25 a.m. at Horseshoe Road, Detective Meador noticed that there were no cars in the driveway, although they could have been parked in the adjacent four-car garage. When Perry and Meador approached the front door and rang the bell, there was no response.

“Hey,” a neighbor said as he walked by with his dog. “You lookin’ for the Johnsons? They’re gonna be gone all day. Visiting a relative, I think.” “Thank you, sir,” Perry said, before turning to Meador. “Guess I’ll be seeing you again tomorrow, eh?

Detective Meador’s Statement, continued

We would indeed visit the Smith residence again the following day, but I still had another young man to interview. I found Derrick Clark at his home, 53 Trout Place. He seemed shocked to see a detective at his door asking about the burglary at the Jones’s home. Derrick denied any knowledge of the events, so I then shared with him that Joe Smith was already in custody and was currently residing at the jail. Derrick’s demeanor did not change. I called for a patrol unit to transport Derrick to the station.

Interview with Derrick Clark

Thursday, 23 December 2010: Misola Police Department Detective Office

Detective Meador: “Derrick, this interview is being recorded. I will read your Miranda rights to you, and we will continue our conversation from earlier today. The time is 11:30. It is Thursday, December 23, 2010, and this interview is being conducted in the detective office of the Misola Police Department by Detective Sergeant Meador. Derrick Clark is being interviewed regarding the home invasion that occurred on December 17, 2010, at 401 Thirteenth Street, Misola, Alabama.”

As soon as I read the Miranda rights form to Derrick, he refused to waive his rights and demanded an attorney. Derrick Clark maintained he had no knowledge of the plan to steal Christmas presents from James Jones’s house. He contacted his mother, Sheila Clark, and asked her to call Tony Stephens, his uncle and the family lawyer. I advised Derrick he was going to be transported to the jail and that I would be obtaining arrest warrants for burglary and kidnapping. He would not cooperate and did not want to put anything in writing until he talked to his attorney. When the two arrest warrants were secured, I served them on Derrick Clark at the jail. He steadfastly maintained his innocence and was still waiting for his attorney when I left to work on other cases.

Detective Meador’s Statement, continued

Friday, 24 December 2010

I returned to the Johnson’s home at 10:30 a.m. on Friday, December 24. I was greeted by a middle aged woman who looked to be about 45. She told me her name was Dawn Johnson. I told her that the reason for my visit was that I needed to speak with her son and search their home. I showed her the warrant, and Mrs. Johnson immediately began to cry. She allowed me to enter the foyer and called out for her husband. The patrol officers, Sanderson and Winters, who met me at the residence were in place at the rear of the house.

Ron and his father, Jack Johnson, walked down the stairs. I explained to them I was investigating a burglary and that Ron had been implicated in the crime. I then showed them the search warrant and asked for their cooperation. In response to my inquiry concerning whether or not the house contained a mudroom where dirty shoes are kept, Dawn Johnson led me there and I observed sev eral pairs of shoes. After donning gloves, I picked up a pair of boots. They were fairly clean on the bottom. I picked up a pair of white Nike tennis shoes, and they too were not very dirty. Mr. Johnson came into the room and told me that those were his shoes. He stated that Ron never takes his shoes off there. I asked him if I could see Ron’s room, and we headed upstairs.

I opened Ron’s door and was shocked at the bright pink walls.

FIGURE 2-18

Mr. Johnson told me that they had just moved in and had not painted yet. I headed to the closet and next to the dresser there was a pair of Nike tennis shoes with a considerable amount of dirt on the outside. CSI Perry photographed the shoes, and then I asked Ron, “Are these your shoes?” He replied they were his shoes.

FIGURE 2-19

FIGURE 2-20

FIGURE 2-21

I told them that I needed to take them with me to test the dirt on the bottom and to allow the crime lab to compare the pattern on the bottom with shoeprints found at the scene. Ron stated that pair was his only set of tennis shoes.

I asked Ron once again to help me, so he can help himself. His mother pleaded for him to talk to me, but Ron just mumbled, “Open up my closet.” Inside the closet, on the floor were the three miss ing gaming devices and a Kobalt screwdriver.

FIGURE 2-22

FIGURE 2-23

FIGURE 2-24

FIGURE 2-25

CSI Perry photographed the closet and its contents. When I asked if these items belonged to Ron, Dawn Johnson replied they did not belong at her house. They had purchased a Wii for Ron’s Christmas present, but it is wrapped and in her closet. I turned to Ron, advised him he was under arrest for burglary and possession of stolen goods, and began to read him his Miranda rights. CSI Perry took more photos and completed a sketch of the closet area. I notified the patrol officers to come inside the front door and take custody of Ron. Mr. Johnson was instructed that if he had an attorney, he should call him. Officer McCoy transported Ron Johnson to the station.

After CSI Perry had photographed each video gaming device separately and placed each item in large paper bags, we compared the serial numbers to the information provided by Mr. Jones. The numbers all matched those of the items we had just packaged. We also confiscated the pair of Nike tennis shoes. CSI Perry took custody of the items and left to take the evidence to the evidence/prop erty room at the station. I will send a digital photo of the screwdriver to Mr. Marques so that he can identify it as the one missing from the tool shop. It is Christmas Eve, so I probably can’t wrap up that part of the investigation until next week because schools are closed for the holidays.

Interoffice Case Update from Detective Sergeant Meador to Lieutenant Denning

On December 24, at 11:30 a.m., Ron Johnson was interviewed at the police station in an effort to substantiate his involvement in the crime. First he was read his Miranda rights again (11:40 a.m.) and was told the interview was being recorded. He waived his right to have an attorney present during questioning, and I used a narrative method in questioning at first, to allow Ron Johnson to tell his own version of the events of December 17 without any outside interruption.

Ron Johnson stated he left East Ashley High School around 11:45 a.m., which was corroborated by the school. Ron stated he did meet with Joe Smith and Derrick Clark for a while outside the school, but he left them and went home for lunch. I then informed Ron Johnson that we had une quivocal evidence, such as fingerprints and witness statements, that contradicted his statements. Ron Johnson then appeared agitated and stated he wasn’t going to take the rap for Derrick Clark or Joseph Smith. Ron Johnson stated that it was Joseph Smith who pushed the old lady around. Ron Johnson stated that hurting the woman was not a part of the plan.

Ron said he wasn’t a rat, but he wasn’t going to take blame for what some of his friends did. I told him that we knew who was there at the time of the crime and he needed to come clean and be a standup guy. Ron Johnson then stated that he never wanted to hurt anybody but just wanted to rob the house and get some stuff and maybe some quick cash.

At this time I informed Ron Johnson that he needed to complete a defendant’s statement. As he began writing the statement he stated, “I just want to go forward and put this whole mess behind me.” After Ron Johnson completed his written statement, he was escorted to the jail holding area.

Detective Meador’s Statement, continued

I was able to contact Mr. Marques, the shop teacher, and he stopped by the station to view the screwdriver. He quickly identified it as the one missing from his tool shop, and completed an affi davit stating the screwdriver found in Ron Johnson’s closet belonged to East Ashley High School. He had forgotten to tell us that every tool was engraved with a specific identifier, “EAHS,” on the handle. With this confirmation, I prepared arrest warrants for Ronald Johnson. Because it was Christmas Eve, I had to visit the on-call judge (Peter Barrier) at his residence to swear to the content of the war rant and obtain his signature. By 2:30 p.m. I arrived back at the jail and served the arrest warrants for burglary and possession of burglary tools on Ron Johnson.

At 3:30 p.m. I contacted my supervisor, Lieutenant Scott Denning, to update him on the pro gress of the case and the arrest of Ron Johnson. He granted me permission to return the video gaming devices to the Jones family. He agreed that we had more than enough evidence and because CSI Perry had documented the recovery of the items, it would be fine to return them. I arrived at the Jones’s home at approximately 4:15 p.m. and rang the doorbell. There was Mrs. Fletcher, and when I walked in she immediately asked what was in the bag. J.J. and his father, Mr. Jones, came into the living room. I opened the bag and one at a time I returned the video gaming devices. I advised them the investigation was moving forward and that Ron Johnson had admitted to the crimes.

FIGURE 2-26

FIGURE 2-27

Wrapping Things Up

The case files were handed over to the prosecutor’s office after the Christmas holiday. What started out as a plan to steal electronic games turned into a serious criminal investigation. The participants faced various felony charges. Although none of the conspirators had a prior history of arrests, they managed to rack up the charges with only one incident. It is up to the prosecutor’s office to deter mine how to pursue the charges. It is the responsibility of the law enforcement agency to investigate crimes, identify perpetrators, collect and preserve physical evidence, and prepare the case for pros ecutorial review.

Discussion Questions

1. Did you note any physical evidence the investigators missed? If so, name the items and explain why they may have been important to the investigation.
2. Develop the timeline for this case. Do you have all the documentation necessary to withstand the scrutiny of a defense attorney?
3. What information did you gather from the neighborhood survey?
4. What links did you establish between the suspects as you were reviewing the documentation and narrative for this investigation?
5. Why is it important to have the entry/exit log for the case file?
6. The crime scene investigator prepared a narrative of the actions he completed at the scene. Why should this be a standard operating procedure for major crime scenes?
7. List the information that Detective Meador had to provide to the court in order to obtain the search warrants in this case.
8. How do you explain the differences between robbery and burglary?

3

Criminal Sexual Misconduct, Kidnapping, and Human Trafficking

OBJECTIVE

Many times one’s first impression when viewing a crime scene does not accurately portray the events that actually occurred. Investigators must maintain an open mind while gathering information. This chapter examines various aspects of evidence that will become part of a case file and lead the investigators to examine previously unsolved cases searching for links to the current scenario. The case examined in this chapter involves a rape and kidnapping.

KEY TERMS

associative evidence chain of custody circumstantial evidence confession conditional evidence

exculpatory evidence jurisdiction

mens rea

modus operandi

motive

What You Will Learn

LEARNING OUTCOMES

pattern evidence probative evidence transient evidence venue

l Classify varying types of evidence, and determine the value of the evidence to the investigative

strategy

l Recognize the importance of motive to develop suspects l Identify elements of crimes for prosecutorial purposes l Compare and contrast various types of evidence

CRITICAL THINKING

l Elements of the crime l Types of physical evidence l Key investigative strategies

Crime Scene Investigation Case Studies

© 20134 Elsevier Inc. All rights reserved.

59

Introduction

CSI technicians are trained to identify, collect, and preserve physical evidence at the crime scene. Maintaining the chain of custody is particularly important, as this documentation iden tifies everyone who has taken custody of or had contact with a particular item of evidence. The chain-of-custody documentation begins when evidence is discovered and must be main tained throughout all court proceedings. A break in the chain of custody could mean physical evidence would be considered tainted and therefore excluded from any criminal proceedings. Every time a piece of evidence changes possession—for example, being transported from the property/evidence unit to a crime laboratory for examination—another entry must be added to the custody log and on the evidence packaging. This is one of the most litigated issues, and even the slightest deviation can disqualify the evidence for future consideration by a judicial officer. It is a good thing to remember that once physical evidence is “bagged and tagged,” it must be accounted for every step of the way.

Types of Evidence

Transient evidence is physical or forensic evidence that may be easily lost or destroyed and must be collected immediately to preserve it for future examination. Transient evidence will be photographed and preserved before other evidence is processed in order to prevent loss or destruction.

Investigators must also learn to recognize other types of evidence that may prove to be valuable throughout the course of a criminal investigation. Associative evidence may link or associate a victim or a suspect to each other or to a particular scene. Conditional evidence includes observations and documentation of the situation at a crime scene. Some examples of conditional evidence are lighting conditions, whether or not the doors and windows were locked, the room temperature of a crime scene, or even or the precise location of specific pattern evidence located within the scene.

Pattern evidence ranges in variety from fingerprint impressions to fire burn patterns, fur niture position patterns, trailers (paths where accelerants were poured), imprints, or striations. Many times this type of evidence is either obliterated by the first responders to an emergency scene or is overlooked by the improperly trained investigator. Burn patterns or trailers may not be discovered until hours or even days have passed in a residential or commercial fire. Both of these types of pattern evidence can yield valuable information in cases where arson is suspected.

Circumstantial evidence is also known as indirect evidence and tends to incriminate a person. Several items of circumstantial evidence may be used to corroborate an inference, but circumstantial evidence will not stand alone. Exculpatory evidence must also be introduced in the courtroom. This is any type of evidence that indicates the innocence of the accused. It is not ethical or legal for anyone to withhold exculpatory evidence during an investigation. An appropriate example of exculpatory evidence would be blood found at a scene that did not come from the suspect or the victim. Finally, probative evidence is used to weigh the value of evidence necessary for proving something during the trial process.

Where Was the Crime Committed?

Accurate crime scene reconstruction relies on the actions of the CSI technician and the investi gator working collaboratively to properly document relevant evidence. Whether that evidence is physical, personal observations, or facts that are uncovered through witness and victim interviews, it is essential that the information is validated and entered into the case file. All individuals involved in an investigation must remain nonbiased and nonjudgmental, coop erate, and follow a logical systematic plan that may yield leads that result in solving the case. Many times multiple jurisdictions are working on cases at the same time. Criminal offenders do not respect the city limits or county lines when they are committing crimes. Jurisdiction is the statutorily granted authority of an agency to apply the law and a court to hear criminal charges within the boundaries of the geographical area of responsibility. It is important to dou ble-check with central dispatch when recording case numbers to ensure the address is within the jurisdiction of the responding agencies. Urban areas have multiple streets and addresses, many of which are located in adjacent jurisdictions. Fortunately, this does not occur often, but it is a primary concern that you establish venue, the scene or locale of any action or event, to ensure the results of the investigation can be tried in the correct court of jurisdiction.

Defense Strategies

Criminal defense attorneys also devise strategies to overcome allegations against their clients. There are three basic foundations: impeach the evidence, impeach the police, or create con fusion and delay, resulting in termination of the criminal proceedings. By recognizing these potential areas for attack, well-trained investigators can develop strategies that will enhance the credibility of the entire case. If you presume that every criminal investigation you conduct will end up in the courtroom, you will develop credible procedures that enhance the integrity of your efforts and the quality of the case file. Tainted evidence cannot be introduced during a trial. Cross contamination of evidence within the crime scene invalidates all the evidence, so extreme care must be taken when officers arrive on the scene and conduct the initial walk through with the detectives. Justice cannot be served when an inconsistent or discredited investigation results in the offender being released from charges as a result of human error.

It is not necessary for motive to be proven in the courtroom. The textbook definition of motive is establishing that a person could have a reason for committing a crime or explaining why it is possible that a suspect did have a basis for taking action. Many perpetrators will argue there is no reason to think they would have committed a crime because they did not have a motive for doing so. Motive is not to be confused with intent. Guilt is not dependent on motive. Intent or mens rea is Latin for “guilty mind.” Prosecutors must prove the suspect intended to commit the crime, and this is incumbent on the defendant’s state of mind at the time the crime was committed. Typically statutes require that a person acts knowingly, purposely, or reck lessly in order to be found guilty of committing criminal offenses.

Even when a suspect provides a confession, the investigator must persist in conclud ing the case file. A confession is a statement that allows suspects to acknowledge personal responsibility for their actions, but many times a confession is obtained and the investigator moves on to the next case. It is not uncommon for an alleged perpetrator to change his or her story. Just because a confession is secured does not ensure the case has been closed. A con fession can be written or oral. It is recommended that a confession be recorded on video and written by the perpetrator, but even these steps cannot ensure that the confession will not be recanted at a later date. You should always seek to have the suspect include details of the crime that only the perpetrator would know when conducting an interrogation that leads to a confession.

And Finally

Modus operandi (MO) is a familiar term to criminal justice students but is of particular inter est to investigators. Establishing the method of operation creates patterns of behavior that serial violators will continue from crime scene to crime scene. This analysis is useful to inves tigators who work to build profiles of persistent offenders. When the MO is ascertained, the number of suspects in the pool may be narrowed down. It is also useful when linking multiple cases and associating the previous known behaviors of suspects to additional cases, thereby creating associative evidence. MO patterns can help crime analysts to predict future targets and can lead to the arrest and conviction of the serial offenders. Establishing the MO of the perpetrators in cases may connect previously unlinked cases, which can bring closure to cold cases as well as the families and victims of those cases.

Case File: There’s Been a Kidnapping and Rape

Case File Elements

l Incident/offense report l Crime scene sketches l Property/evidence reports l Witness statements l Supplemental reports l Follow-up

Critical Questions and Activities

In the following case file, your assignment is to determine the timeline and ascertain what crimes have been committed. What is the corpus delicti in this case? National crime statistics over the years indicate that 66% to as much as 75% of all assault victims are acquainted with their attack ers. Does this hold true for this case? What evidence substantiates your decision? Are there missing documents in the case file? Did you develop any questions that remain unanswered even after you reviewed the narrative and the documents in the case file?

Case Narrative: Saturday, 22 August 2010

At 11:30 a.m. I received a call from Patrol Sergeant Smith. “Detective, we have a possible sexual assault and kidnapping.”

“What’s going on?” “All we know,” said the sergeant, “is that the roommate of the victim returned to their apartment this morning and found blood and signs of a struggle throughout the apartment. The young women are both college students, but the missing one is a foreign exchange student. The roommate found some blood and a used condom in the apartment and called us.” “All right, I’m only about five minutes away. Will you call the crime scene unit for me?” “I’m already on it. See you in a few minutes,” the sergeant said.

My partner and I drove to Meeting Street, parked across from the apartment complex, and walked to the area sealed off by yellow police tape. Two officers and an evidence technician were standing by.

Sergeant Smith’s Statement

The officers briefed my partner and me about whom they interviewed and what they had seen and done. They said that they arrived at 11 a.m. and met the roommate outside of the apartment. She directed them to the apartment and the missing young woman’s bedroom. The officers explained that the victim appeared to have been attacked in the entrance of the apartment and assaulted in her bedroom. They added that her purse and cell phone were found on the living room floor in front of the couch. There was blood on the floor in front of the bedroom and a condom on the left side of the bed. There were also a few drops of blood on the floor on the right side of the bed.

The officers secured the perimeter of the scene. They also secured the area 500 feet from the entrance to the end of the street on both sides and across the street. Sergeant Smith stated that the two other police officers arrived at the scene and helped locate possible witnesses. The evidence technician arrived and began photographing and sketching the crime scene.

FIGURE 3-1

Witnesses

The officers briefed my partner and me as to witnesses’ statements prior to our inspection of the crime scene in order to give us as much information as possible to help us to recover evidence. So far, the officers had interviewed four neighbors.

Janet Williams told officers that at about 3 a.m. she was returning home and saw a young woman walking on the opposite side of the street toward the complex. She stated that a man was walking not far behind the woman. She said he was wearing a lime green shirt, blue jeans, sneakers, and a baseball cap.

Brian Matilla stated that he was awakened by screams and loud banging sounds around 3:30 a.m. He said he walked out on his balcony on Meeting Street to see if anything was wrong but did not see anything. He then proceeded to look out of his door into the hallway but did not see anything or hear any more of a commotion.

Frederick Brown stated that he was awakened about 3:15 a.m. by a loud noise, but because his dog did not bark, he went back to sleep.

Shannon Smith stated that she was awakened about 4 a.m. by yelling or loud talking that was not in English, but because she knew that the college had multiple foreign-exchange students, she went back to sleep.

FIGURE 3-3

FIGURE 3-5

Officer Walkthrough

My partner and I went on a walkthrough of the crime scene. We observed where the struggle seemed to have taken place and where the sexual assault seemed to have occurred. We observed the blood patterns, a condom, and the other fluids in the bedroom.

We documented the scene in the living room and hallway, noting the location of the blood spatter pattern, cell phone, and purse.

FIGURE 3-6

FIGURE 3-7

Crime Scene Inspection

I saw magazines thrown around the living room. There was blood on the bedroom door and on the floor in front of the bedroom. There was a used condom lying on the floor, slightly under the bed.

FIGURE 3-8

FIGURE 3-9

FIGURE 3-10

There were scarves tied to the posts of the bed and blood on the sheet on the bed. The nightstand was tipped over.

My partner and I conducted a close inspection of the crime scene and found the following items: 1. Fingerprints on the bedpost

FIGURE 3-11

1. Scarves on the bed
2. Blood on the sheet on the bed, and seven blood drops on the right side of the bed

FIGURE 3-12

FIGURE 3-13

4. Blood on the bedroom door

FIGURE 3-14

1. Blood on the floor in front of the bedroom
2. Magazines scattered across the living room floor
3. The coffee table turned over with the cell phone and purse of the missing person close by

FIGURE 3-15

FIGURE 3-16

FIGURE 3-17

FIGURE 3-18

FIGURE 3-19

FIGURE 3-20

Interviewing Witnesses

Sheryl Freeman (Friend and Coworker)

On August 22, 2010, at 2:30 p.m., my partner and I drove to the College of Columbus bookstore, where the victim worked, and met Sheryl Freeman, a coworker. She confirmed that she had worked with the missing woman, Nadia Pantovich, yesterday. She stated that Pantovich was in a good mood and that she was excited about it being Friday and going out with the girls that night. She stated that the day was busy because students were just arriving back and picking up their books for class, but nothing out of the ordinary occurred. Freeman made a point to mention “Gary,” a guy who seemed to loiter around when Pantovich worked and even asked her out last year. She claimed she did not know Gary’s last name but described him as being in his late 20s or early 30s, about 6’ tall, and thin with glasses and brown hair. She recommended talking to him, and my partner handed her his card and asked her to call the next time she saw Gary. She assured him she would.

Billy Roach

After talking with Sheryl Freeman, my partner and I talked with another coworker who worked yesterday with Nadia Pantovich. He also admitted to seeing Gary but said he thought the guy was harmless if not just a little socially challenged. He did not remember anything out of the ordinary. He described Gary as approximately 28 to 32 years old, with brown nappy hair, about 6’1” tall and 210 pounds, with brown eyes.

Vicky Thompson

We then asked to speak with the manager who worked with Nadia Pantovich yesterday, Vicky Thompson. She claimed that nothing out of the ordinary occurred but did mention that Pantovich had complained last year about Gary hanging out and watching her. She had mentioned that Gary just happened to show up a lot wherever she was, and Pantovich felt like Gary was stalking her. In an incident that occurred around the middle of November of the previous year, another manager had actually kicked him out of the bookstore for loitering because Pantovich was uncomfortable with him there. She told us that Gary’s last name is Daniels and that she remembered it because it was the name of her first boyfriend so it stuck out to her. My partner asked her if they had a record of the incident, and she promised to try to locate it for us.

FIGURE 3-21

Interview of Gary Daniels

At 4 p.m. my partner and I returned to the station and ran a National Crime Information Center (NCIC) report on Gary Daniels. We found that he had been arrested before on minor possession charges including a voyeurism charge when he was fifteen. We decided to interview Daniels and question him on his whereabouts last night and this morning.

My partner and I arrived at Gary Daniels’ residence at approximately 5 p.m. We found him home and asked him if he would come down to the station to answer a few questions. He agreed, and at 5:30 p.m. we all sat down in the interrogation room:

Detective: “Before we start, I need to get some identification information. What is your full name?”

Daniels: “Gary Lee Daniels.” Detective: “Do you have any nicknames?” Daniels: “No.” Detective: “Where were you born?” Daniels: “New Columbus, Iowa.” Detective: “What is your birth date?” Daniels “April 15, 1979.” Detective: “And what is your home address?” Daniels: “Come on. Is this necessary? You know where I live. You picked me up!” Detective: “Mr. Daniels, we just need a little background information for the official record just in

case your information is useful. We do appreciate your patience and help.”

Daniels: “Fine. I live at 2041 North Main Street, New Columbus, Iowa.” Detective: “And what is your occupation?” Daniels: “I am a stocker at Bi-Lo.” Detective: “And how long have you been working there?” Daniels: “Um, I don’t really know. About five years.” Detective: “Have you held any other jobs?” Daniels: “No.” Detective: “What about a wife? Are you married? Have any children?” Daniels: “Nah, I’m not married yet, no kids.” Detective: “Yet? Are you and a certain someone serious?” Daniels: “No, I just haven’t met the right someone. She’ll come along though.” Detective: “Yeah, been there myself. Just keep looking; that special someone will show up when

the time is right. Can we get you anything to drink? Coffee, soda, or perhaps some water?”

Daniels: “Yeah, I’ll take a Diet Coke.” Detective: “My partner will grab that for you. So tell me Mr. Daniels, where were you last night

between 11:30 p.m. and 8:00 a.m. this morning?”

Daniels: “You gotta be kidding me, man. I got off work at 11 p.m. and went home. I like to watch Jay—he’s a funny man, you know—then I went to bed. Didn’t get up till damn near 11 o’clock this morning.”

Detective: “You were working at Bi-Lo?” Daniels: “Yeah.”

Detective: “Do you know a Ms. Nadia Pantovich?” Daniels: “Naddie? Yeah, I know her. What about her?” Detective: “Well, we were just wondering, when was the last time you saw or talked to her?” Daniels: “Man, I don’t know. It’s been a couple of months. Last time I saw her she had me kicked

out of the school bookstore for nothing!”

Detective: “Yeah, we heard about that. Can you tell us what happened that day?” Daniels: “Nothing happened! I was browsing the books—it is a bookstore—and she runs off and tells the manager that I have been harassing her and won’t leave her alone. I only gave her a few compliments. I had asked her out a few days earlier and I just wanted to know if she had given it any more consideration.”

Detective: “And had she?” Daniels: “Yeah, and she made it very clear what her decision was, cause the next thing I know I have the manager coming over and all up in my face about how I need to leave and how I’m not wel come there. And she had this little punk stocker boy acting all big and tough like he could really take me on. It was laughable! Had I not been so taken off guard, I mean, come on, who would expect to get attacked just looking at some books?”

Detective: “Did you speak to her about this incident afterward?” Daniels: “No. I received her message loud and clear. I try not to hang out with crazy chicks, and

that one definitely proved to be mentally unstable.”

Detective: “So, tell me again exactly the events of last

night?”

Daniels: “I got off work at 11, went straight home, got there about 11:30, watched Jay Leno, and

went to bed.”

Detective: “Was anyone there with you?” Daniels: “No. My roommate went home to visit his mom for the weekend.” Detective: “Is there anyone who can corroborate your story?”

Daniels: “No—look I thought you just needed my help? What is this about?” Detective: “Ms. Pantovich is currently unaccounted for and we are just trying to find out where

she may have gone. Do you have any idea where she may be?”

Daniels: “No, man. Wow, um, wow. I really didn’t know her that well. I don’t know where she might have gone.” Detectives: “Would you be willing to take a polygraph, attesting to the information you have given us?”

Daniels: “Yeah, man, whatever you guys need.” Detective: “Would you also submit to a quick examination by a nurse?” Daniels: “What for?”

Detective: “She would look to see if you have any kind of wounds that could have been inflicted

in a confrontation.”

Daniels: “Yeah, sure, whatever.” We ended the interview at approximately 6:30 p.m. After walking Mr. Daniels to the waiting room, my partner called the polygraph examiner to set up an appointment for the polygraph, and we were in luck because she said she could be there in 40 minutes. I put on a clean pair of gloves and col lected the Diet Coke can that Mr. Daniels was drinking from. I packaged the can and started an evi dence log of it before carrying the can to the forensics lab for a quick comparison.

FIGURE 3-22

The Preliminary Lab Report

I entered the forensic lab with Daniel’s Diet Coke can in it and I was met by the excited and bubbly lab tech.

“I expect a nice juicy steak dinner for this fine scientific work,” Amy Hepburn, the lab technician, stated, “Because you are about to looove me!”

I smiled at her indulgently and told her that if her latent fingerprinting skills were that good I would throw in an ice cream cone with a cherry on top. She laughed as she handed me a copy of her preliminary report. “I have a match for your fingerprints. One set belongs to Nadia Pantovich, but the other set is from a Mr. Alexander Romanov.” “That was quick. Do you have anything else processed for me?” I asked. “As a matter of fact, I do.” She stated, “I ran the DNA samples from the scene through CODIS, the Combined DNA Index System, to see if this guy has any priors, and I got a hit.” The hit was from a case two years back with no arrests ever made, and the donor still unidentified.

“Anything else?” I asked her. “Well, the fingerprints are the only thing really processed, but if you bring in Mr. Romanov’s blood and semen sample, the DNA lab can run a comparison analysis and tell you if he matches the samples taken from the crime scene.” I thanked Amy and headed out to find the lead detective from the cold case, picking up my phone to let my partner know what I had just found out.

Cold Case

While my partner was running down some leads from witnesses, I made my way over to the desk of Detective Greene. I asked Greene about his cold case and any leads he might have had that might help us now. He claimed he wished he could help, but there wasn’t much to go on. The girl, Audrey Taylor, went missing and was never found. Her apartment showed signs of a struggle and of sexual activity, which is why the semen was placed as evidence, but other than that there wasn’t much to go on. The girl hadn’t shown up for work for a couple of days and everyone assumed that she had gone home for spring break, so it wasn’t until the next week that anyone even reported her missing. Detective Green offered to pull his file for me but said it probably wouldn’t have anything of use in it. He said he would forward the file to me by the end of the day. I thanked him and went to meet up with my partner.

Sergeant Smith’s Statement, continued

Maria Kostagonoas

At 4 p.m. I meet Maria Kostagonoas at the apartment complex across the street from the com plex where our missing person resided. We walked to a nearby park and talked about the case. Kostagonoas is a graduate student at the college and is expected to graduate in December. She said she recognized the man following the female student as a graduate student who volunteers at Students Helping Students. She stated that the guy was very flirtatious and hands on. She also stated that a female friend of hers by the name of Jen Rosenberg had told her that last semester he seemed to follow her frequently. Rosenberg had said that when she went to the grocery store, gym, cafeteria, or for a run around the block, he would always appear. At first she thought it was just coincidence that he was always around, but then it started happening a lot more frequently and she became uncomfortable.

Kostagonoas said that she remembered the man helping Nadia Pantovich, as well as some other students, move in on August 13, 2010. After the students were moved in, she saw the young student and the man leave the building together. She said that they seemed to know each other and the girl seemed comfortable. Kostagonoas said that she was home all day and never left until she went out later that night around 9:30 p.m. She also said that Nadia Pantovich returned home approximately an hour after leaving with the young man. She said Pantovich was walking briskly but that she could not tell if she was upset or just in a hurry.

Maria Kostagonoas said that was all that she remembered about that night other than what she told police the previous night and that was at about 3 a.m. She was returning home and saw a young woman walking on the opposite side of the street toward the complex. She stated that a man was walking not far behind the woman. She said he was wearing a lime green shirt, blue jeans, sneakers, and a baseball cap.

Kostagonoas showed us a picture with the young graduate student in it. Although she did not remember seeing him at a party that night, he was wearing a white shirt, blue jeans, sneakers, and a baseball cap in the photo. The date on the photo was two weeks before the young student disappeared.

My partner and I decided to contact Jen Rosenberg. We asked Maria Kostagonoas about Rosenberg’s whereabouts, and she directed us to an apartment in the same building where our missing student lived. She told us that since Rosenberg had been working at the campus bookstore and coffee shop, she had not seen much of her in the past few weeks.

The apartment was a few doors down from that of the missing student. Jen Rosenberg was home and agreed to speak with us. We asked her if she knew anything about the missing woman, and she said no. Rosenberg stated that she had been working a lot because it was the beginning of fall semester and she had not had time to get to know any of her neighbors.

We asked about the young man, and her body language and demeanor changed. Rosenberg stated that the young man was Alexander Romanov, a graduate student at the college. She said that Romanov was very friendly with the ladies and was always walking around. She said that he fol lowed her one time but that she decided to confront Romanov and let him know that if he did not stop she would tell the police. She also informed him that her father was a police chief and would have no problem helping her get the man to leave her alone. Rosenberg said that after that confron tation he immediately stopped following her and she has not had a problem since.

My partner and I asked about the photo taken at a party two weeks before. She said that a group of students congregated at a bar on the weekends and that he was a regular at these parties. She said it was not uncommon for a person to shoot a picture and have random people jump into the photo. Rosenberg added that she believed Alexander Romanov lived on the top floor of the building, but she was not sure of the number.

My partner and I went back to the police station with the photo and tried to accurately identify our suspect. We identified the man in the photo as Alexander Romanov.

We pulled his information and found out he works for the biology department of College of Columbus, so my partner and I called down there to try to find out more about him. Because it was Saturday, the department was closed so we had to make a few more phone calls, but the work paid off because we spoke with his supervisor, Professor Malkivich, who informed us that Mr. Romanov was a polite, brilliant young man with a bright future ahead of him. He read off Romanov’s list of achievements, and one in particular stood out—his volunteer work for Students Helping Students. As we inquired more about this program, Professor Malkivich informed us that the program is made up of students who spend their evenings walking students who have been in the bar too long back to their homes to ensure that they arrived safely. He informed us that Mr. Romanov was scheduled to work last night and offered to pull up the roster of students who volunteer. We exchanged informa tion and he promised to fax us a copy of the roster and schedule, as well as a handbook of the pro gram’s rules and regulations.

Search Warrant

At 6:30 p.m. I began preparing a search warrant for Alexander Romanov’s residence and vehicle. My partner returned to the complex to confirm Alexander Romanov’s current address. I finished the search warrant and waited for my partner to return.

Nighttime Endorsement

We chose a nighttime endorsement because it seemed that Alexander Romanov tended to move about during the day. My partner confirmed Alexander’s residence, and I walked to the courthouse and met the judge. He read my warrant, swore me in so that I could attest to my affidavit, and com manded that we search Alexander Romanov’s residence at 938 Raymond Road, Apartment 30A, and his personal vehicle (a Nissan Sentra) in an effort to find the following items that may be linked to the commission of a felonious sexual assault or kidnapping:

1. Gun or weapon
2. Cell phone
3. Clothing and items belonging to potential victims

FIGURE 3-23

Search of Alexander Romanov’s Car

Alexander Romanov’s car was parked outside his apartment complex. We had it towed to the crime scene unit (CSU) processing garage. The car arrived for processing at 9:30 p.m. The interior of the car appeared to be freshly vacuumed and detailed. The exterior had the clean gleam of a newly washed and waxed vehicle.

The CSU technicians fingerprinted the entire exterior of the car but found no fingerprints. They also fingerprinted the interior of the car where fingerprints are always present and found only those belonging to the owner, Mr. Romanov.

During their search they examined the trunk and glove compartment, searching for any type of evidence that would help locate the missing person. In the glove compartment they found a gold cross necklace and collected it as evidence. The technicians also recovered a few hairs and a receipt from Mr. Bubbles Car Wash.

Reports

While the CSU technicians were processing the car, my partner and I went to Alexander Romanov’s apartment and conducted the search authorized in the search warrant. We headed back to our desks to review the information and gather the reports from the lab on the evidence from the vic tim’s apartment. Detective Greene came through, and the report from the cold case lacked any sub stantial evidence or leads and was quickly put to the side. We pulled up an NCIC criminal history report on Alexander Romanov; he came up without as much as a speeding ticket. As we were typing up the notes and writing our reports from the day, a young assistant delivered the report from the lab.

The evidence technicians found the following:

1. Latent fingerprints positively matched with Nadia Pantovich in various places and on the bedroom door in blood.
2. Latent fingerprints positively matched with Alexander Romanov on the front door, the bedroom doorknob, and the left and right top bedposts.
3. Semen tested positive on the sheets from the bed.
4. Blood tested positive from floor, bed, and door.
5. Human hair located on the bedroom floor to the left side of bed
6. A cell phone on the living room floor belonging to Nadia Pantovich

Interview with Alexander Romanov

Given the amount of evidence against Alexander Romanov, my partner and I decided it was time to begin formally questioning him about his involvement with the missing Nadia Pantovich. We took him into the interrogation room and read him his Miranda rights, which he waived. We then allowed him to sit in the room for about an hour by himself while we observed him for signs of nerv ousness and weaknesses.

FIGURE 3-24

When we entered the interrogation room,, I began talking while my partner sat silently observing. Detective: “Before we start, I will need to get some basic information. But first, can we offer you

something to drink?”

Romanov: “Water is fine.” (My partner retrieved bottles of water for all of us.)

Detective: “What is your full name?” Romanov: “Alexander Romanov.” Detective: “Do you have any nicknames?” Romanov: “Yes, Alex and Zander.” Detective: “Where were you born?” Romanov: “Kirov, Russia”

Detective: “How long have you been in the United States?” Romanov: “Five years. I am here on a student visa working on my master’s degree.” Detective: “What is your birth date?”

Romanov: “November 2, 1983.” Detective: “And what is your address here in the U.S.?” Romanov: “It’s 938 Raymond Road, Apartment 30A, New Columbus, Iowa 50515.” Detective: “What is your occupation?”

Romanov: “I am a full-time graduate student, and I am also a professor’s aid. I work for Professor

Malkivich over in the biology department.”

Detective: “How do you know Nadia Pantovich?” Romanov: “I don’t know anyone by that name.” Detective: “Really? Because we have several witnesses placing you with her last night.” Romanov: “I am a volunteer for the school’s program Students Helping Students. I help lots of

people. I can’t be expected to remember all of their names and faces.”

Detective: “Do you remember anyone that you took home last night?” Romanov: “No, I didn’t know any of them. I only knew them as students from seeing them

around campus.”

Detective: “Well, do you remember the locations where you dropped these other students off? We would be more than happy to send out a couple of officers to talk with the residents.” Romanov: “No, I don’t make it a practice to remember the homes of the students.”

Detective: “Well, what time did you finish with your volunteering last night?” Romanov: “About 3 a.m. The bars are closed at that time and people are generally done with find ing food and ready to head home.”

Detective: “Is there anyone that we can talk to who remembers seeing you after 12 o’clock?” Romanov: “I am sure that there are plenty of people; I just can’t tell you who.” Detective: “What about any other volunteers? Surely you must have run across them during the

night?”

Romanov: “Sure. Ask around. I am sure one of them will remember talking to me.” Detective: “See, that’s the funny thing. We did. They remember talking to you, but no one

remembers seeing or talking to you after 12 o’clock. How do you explain that?”

Romanov: “Well, um. Fine, here it is. I accidentally fell sleep. I didn’t want to say anything because I could get kicked out of the program, but I swear I didn’t have anything to do with that girl getting kidnapped.”

Detective: “You fell asleep? And where exactly did you do that?” Romanov: “I fell asleep in my car. It was parked on the corner of Grove and Pine.” Detective: “Really? And what time did you wake up from your little nap?” Romanov: “I must have woken up, I don’t know, about 3:30 a.m.” Detective: “And what time did you decide to lie down and take that nap?”

Romanov: “About 11:30 that night I fell asleep.” Detective: “Interesting. We have a report here showing that your fingerprints were inside Nadia

Pantovich’s apartment. Can you explain this?”

Romanov: “Well, I would assume that I have probably walked her home before, if not last night, then some other night.” Detective: “So when you walk them home, you make it a habit of following them into their homes?” Romanov: “Well, sometimes they get too inebriated to walk, and to prevent them from hurting themselves I sometimes take them inside so that they can lie down on the couch or whatever.”

Detective: “And is this a normal operating standard?” Romanov: “No, not really. They usually can manage to get into the house on their own, but there

are the rare occasions.”

Detective: “And when they are this drunk, you take them in the house by yourself, or do you have someone accompany you?”

Romanov: “We are not allowed to enter by ourselves. Someone has to be with us.” Detective: “So when is the last time you entered someone’s apartment?” Romanov: “I don’t know for certain. It’s not like I keep a journal of who I take home and where I

take them.”

Detective: “Okay, let’s cut to the chase. We know you were the last one with Nadia. We have your fingerprints, we have your blood, and we have your semen at the scene. So where is she? You cooperate now and maybe the DA will cut you a deal. But make no mistake, we will find her and the longer it takes, the worse it’s going to be for you.”

Romanov: “You don’t have anything, ‘cause I didn’t do anything!” Detective: “Just like you didn’t do anything to Audrey Taylor last year. Yeah, we know about her

too.”

Romanov: “I don’t know what you’re talking about.” Detective: “We have your semen from her apartment too. Are there are so many that you can’t remember everyone you’ve killed? Come on, man. Where did you take her? We don’t need their bodies; the jury will have no problem giving you the needle. I don’t know how they do things in Russia, but here in the U.S. we don’t look too kindly on predators who rape women and then kill ‘em!”

Romanov: “I didn’t kill nobody! You don’t know what you are talking about!” Detective: “No? Then why don’t you enlighten us?”

Romanov: “I had been watching Nadia for a few weeks now. I had seen her at the bookstore when I went to pick up some books. The way she looked—so innocent, so full of life—just drew me in. So when I seen her come out of the club over on Bay Street, I don’t remember which one, she appeared to have had too much to drink. I decided to approach her. She seen my shirt and recognized me as a Student Helping Students. She told me she was fine and that it had been a long day. She was planning to just go home and head to bed. I offered to walk her home. She told me she would be fine, that she only lived a few blocks away. I inquired about her roommate, and she let it out that her roommate was staying the night at her boyfriend’s. I could tell Nadia was starting to get nervous and agitated that I was walking with her, so I fell back and followed her. When she got home she fumbled with her keys, so when she finally opened the door, that is when I came around the corner and up behind her.

She started to scream, so I pushed her back into the apartment and shut the door. She got up and tried to run into the bedroom. I ran after her, preventing her from shutting the door. She tried to climb over the bed and put distance between us. I grabbed her and pulled her back on the bed. She tried screaming again, so I slapped her and told her to be quiet. She continued to struggle and fight with me, so I grabbed one of the scarves she had on the end of her bed and began tying her up. I tied her to the bed and put another scarf across her mouth. Some of her clothes got ripped during the fight, so I just ripped the rest off of her. I keep a condom in my wallet just in case, you know, I get lucky, so I pulled it out. God only knows where this chick may have been. Little did I know that she turned out to be a virgin. Made a hell of a mess, but it was worth it. Meanwhile, she just sat there and cried, so I cleaned up a bit but realized that time had gotten away from me so I didn’t clean up like I would have liked to. I figured I had her pretty well subdued so I untied her so we could go, and the little bitch hit me in the nose and I started bleeding. She got up and ran out of the room, and I chased her into the living room. I tripped as I came out of the bedroom, but I was still able to grab her ankle, causing her to lose her balance and run into some furniture. That slowed her down enough for me to get control of her again. She realized she had lost, so she became submissive again. I grabbed her and walked her into the kitchen where I grabbed a knife that was on the counter. I told her we were going to walk out to the car and if she made any noise I would kill her. She nodded that she understood. I grabbed a clean sheet and wrapped her up in it, and we walked across the street where I had parked my car. We drove to Hardeeville, South Carolina, where we met up with the transporters, and I passed her off. That is all I know. I don’t kill them. I am only in charge of grabbing them.”

Detective: “Wait a minute. You’re telling us that you kidnap them for someone else?” Romanov: “I am only the scout. I pick the women up and pass them to the transporters, who deliver them to the brokers. I don’t know anything more than that. We only know our counterparts, to protect the brokers. I receive a call when they need a new girl along with a time to get her. Once I make the move, I notify them and we meet within two hours of my call to make the switch. They bring me $50,000, and I give them the girl. The phones are single use, and after we make the switch, they throw out the phone and will give me the number to the new one when they call with their next order.”

Detective: “How many girls are we talking about?” Romanov: “Eleven in the past two years.” Detective: “Where do you meet to exchange?” Romanov: “The location changes, but this time we met at the Hess gas station in Hardeeville, off

Highway 99.

Detective: “Is there anything else you would like to add at this time?” Romanov: “No. That is everything I have. I did not kill the girls. They should all still be alive.”

FIGURE 3-25

Sergeant Smith’s Statement, continued

My partner and I left the interrogation in a bit of shock, stunned at what we just stumbled across. We decided to follow up on Romanov’s claim of transferring the girl, so we called down to the police department in Hardeeville and asked them to follow up on the lead at the gas station. They called back 40 minutes later to inform us that the station had handed over the tape to them and they would review it for us. There was nothing left for my partner to do, and we had been working nonstop. We had Romanov booked and decided to call it a night and restart in the morning with a fresh outlook.

FIGURE 3-26