evidence

KN, p. 82 “Is that your footprint?”

 

 

 

 

It’s been raining off and on for days. It rained last week during a party, and people were tracking water and a little mud from the driveway runoff onto the porch all afternoon. We had so many different kinds of footprints that it would have made for a great crime scene demonstration.

 

Because, one of the most overlooked pieces of evidence at a crime scene is created by footwear.

 

Imagine: If a window breaks as a thief enters the premises during the commission of a burglary, the glass will fall into the house, and onto the floor or rug below the window. When the thief steps through the window, unless the thief has wings, he/she will probably plant a foot right in the middle of the glass. And walk through the house, most likely tracking minute pieces of that glass. That glass may also become embedded in the grooves of the sole of the shoe, creating a distinctive footprint.

 

If the investigating officer can place a suspect at the scene with the footprint, then there is probable cause to fingerprint that suspect and hopefully establish a link to the crime.

 

A new method of eliminating suspects right at the scene involves stepping into a tray that contains a pad soaked with harmless clear ink that doesn’t stain, then stepping onto a chemically treated impression card. No messy cleanup, immediate results, and it can even show details of wear and tear on the shoe. This can be a way to establish a known standard (we know where this impression came from) to compare with multiple tread prints at the scene.

Footwear Clear Ink Impression

 

 

Another tool for creating a known standard is the foam impression system. It takes a bit longer, (24 hours) but clear, crisp impressions can be made, including of the pebbles and bits stuck deep into the grooves and the writing on the arch. Very helpful when trying to place suspects at the scene. A rock stuck in the sole is a random characteristic that can’t be duplicated, so becomes another point of identification.

 

This is how it works: Somebody steps into a box of stiff-ish foam – a bit like stepping into wet sand.

 

An impression is made instantaneously. The detail is great – down to the wear on the heel.

Pre-mixed dental stone (made with distilled water and the powder) is used to fill the impression.

It takes 24 hours for the cast to become firm enough to pop out of the foam. We now have a permanent record of the footwear tread, which could be used for comparison to other prints found at the scene.

Footwear Casts

 

Occasionally footprints are found on the ground outside a window or in the gardens surrounding a house after a burglary or homicide. Ever see a crime show on TV where the fictional investigator makes a snap judgment about the height and weight of the owner of the footprint because of the depth of the impression? That’s merely a plot device and is not scientific evidence in real life. A crime scene photographer or investigator can photograph the footprint (next to a measurement scale), make a take away cast, and then compare the impression with those of the suspects or other bystanders at the scene. Beware: making a cast of the print destroys the print, so a photograph must be taken before pouring that first drop of dental stone.

 

Footprints can be found at bloody crime scenes as well. The suspect walks through the blood, tracks it through the house, cleans it up, but the prints are still there, even though not obvious to the naked eye. Blood just doesn’t go away, no matter how hard you try to get rid of it. It seeps into the cracks and crevices of a floor and even behind baseboards.

 

A savvy investigator will collect sections of carpet (or flooring) taken from where the suspect might have walked during the commission of the crime, then conduct a presumptive test for blood (LCV – Aqueous Leuco Crystal Violet), find a usable footprint, compare it to a known standard, and then be able to place the suspect at the scene.

 

 

 

 

Be careful where you walk. That footprint can be used as evidence.

 

 

 

*Photos taken by Patti Phillips

 

 

 

 

KN, p. 141 “What does a CSI tech really do?”

 

TV makes the job of a CSI tech look like a lot of fun.

 

It looks like an easy job, too. Get a call from dispatch, arrive at a crime scene, pop on the gloves, shine a flashlight around, take a few photos, collect the evidence along with your team of 4-5 colleagues and go back to the lab an hour or so later, ready to process all of it.

 

Have the real CSI techs and law enforcement professionals stopped laughing yet?  😉

Here’s the reality:

 

Most small towns (under 50,000 people) have no CSI lab. None. The local police in smaller towns are able to collect fingerprints, but most have to send them off to a State Lab to be processed.

 

Many towns, even with a population of 100,000 people, don’t have a ballistics lab to check the caliber of any bullets/casings left behind at the scene or found in the victim’s body.

 

North Carolina (as of 2019) had a population of 10.48 million, and has three State crime labs – one full service and two regional labs.

 

New York State (as of 2019) had a population of 19.45 million, and has four State crime labs – one full service and three specializing in varied areas.

 

New Jersey (as of 2019) had a population of 8.88 million.  It has five State labs.

 

Texas (as of 2019) had a population of 28.99 million, with a full service forensic lab in Austin and 14 regional labs, some conducting only drug testing, and others close to full service.

 

And all of those crime labs are processing evidence from all kinds of crimes (burglary, robbery, rape, arson, cold case, assault, etc.) not just murders. It take a few hours to get the prints, preserve the evidence, bag and tag it for transport, but it takes months to get it processed, because there is a long line of cases ahead of yours. In some States, the wait is as long as 18 months. That is not a typo, folks. Eighteen months to wait until the evidence can be processed. Even if the case is a high profile one, moving to the head of the line might only shorten the wait to 2-3 months, because there are other high profile cases in line as well or cases that are already in court, waiting for clarification of the evidence.

 

There is no such thing as instantaneous fingerprint matches. See the article about fingerprint analysis here. There are now handheld machines that scan a viable fingerprint at the scene, but that only speeds up the collection process, not the identification of the fingerprint. (I was recently told that a new fingerprint reader can return an answer in 45 seconds, but some fingerprint experts are reserving judgment as to the accuracy of the matches.)

 

Get the picture? The State Bureaus of Investigation are short-staffed and the cases more numerous, as attorneys seek to prove or disprove beyond the shadow of a doubt that the evidence gathered at the scene linked their clients to the crime.

 

In general, the analysts examine all types of evidence related to criminal investigations and assist the criminal justice system. They can provide:

 

  • Consultation on the value, use, collection, and preservation of evidence,
  • Analysis and comparison of evidence from crime scenes and/or people,
  • Expert testimony in court proceedings, and
  • Assistance for collecting evidence and processing crime scenes,
  • Forensic science information to law enforcement agencies and district attorneys.

 

ALL of that evidence must be collected in a thorough and efficient manner by the Crime Scene Technician or Crime Scene Investigator. Cases are won and lost on how the evidence is handled – both the chain of custody and the collecting of the correct evidence can be factors in how a suspect is perceived.

 

I had a chance to chat with a CSI who has been in the field for about 10 years. She generously shared information about her day – soooo different from the image of the CSI jobs projected on TV.

 

She enters a crime scene after a Patrol Officer has cleared the house (made sure that no unauthorized person is in it). A Deputy might walk her through the house, and depending on the crime, the owner of the house then walks her through, pointing out items that might have been disturbed or areas where items are missing. She takes notes during the tours so that she can come up with a Plan of Action – how to process the scene.

 

In general, she will take photos first, and then collect the evidence. If a homicide is suspected, she might take video as well as still photographs.

 

She might see patterns of wreckage, or concentration of destruction, or even similarities with other cases, but it is not her job to focus on the M.O. (modus operandi) or narrow her collection efforts based on a hunch. She is there to collect all the evidence.

 

She might be looking for:

 

  • Fingerprints
  • Blood spatters
  • Fibers
  • Footwear impressions
  • Tire impressions
  • Tool impressions
  • DNA samples (hair, nails, blood, saliva, etc)
  • Murder weapon
  • Point of entry
  • Kinds of items taken

What a CSI leaves at the scene is sometimes as important as what he/she collects, so it is vital to be thorough. The detectives and attorneys decide what is significant to the case.

 

The trunk of a CSIs car is filled with the tools of the trade. They have kits for each type of evidence collection and if they know in general what the scene will call for, they may grab an additional kit from headquarters. They might even carry a tarp to cover the ground (creating a collection place for the evidence) if the scene is outdoors – such as a train wreck.

 

The CSI I interviewed works in Major Crimes for the Sheriff’s Department, and when she is called to a scene, she works 12-hour shifts, by herself. In most cases, she collects all the evidence, bags and tags it appropriately, and hands it all to the detective in charge. She works 14 days a month, equally divided between the day shift and the night shift.  On occasion, a 12-hour shift is not long enough to collect everything at a particular crime scene, so she stays a bit longer to finish. If it looks as if she has to work for another shift, a Patrol Officer will guard the scene until she returns to finish collection on her next shift. If the case merits 24-hour collection (because of weather or the condition of the scene/body) the CSI on the next shift will continue the collection, with any evidence collected up to that point handed over to the new person.

Clear chain of possession of the evidence dictates that in a case where collection goes on for more than one shift, limited people will have keys to the building. There are evidence cards showing who collected it, and anyone entering or leaving the scene will have to sign in and out with the Patrol Officer on duty.

 

For information about Footwear Evidence, click here.

 

Next week: The life of a CSI – rewards and challenges.

 

 

*Photos taken by Patti Phillips

KN, p. 234 “Do you want to be an FBI Agent? Part 2”

 

“Do you want to be an FBI Agent? Part 1” highlighted the backgrounds of two former FBI Special Agents, their differing career paths, salary, and job aspects. Bucky and Chris Cox continued to chat, revealing more agency specifics and notes about a wide range of cases that the FBI oversees, in Part 2. Take a look:

 

FIELD OFFICE PERFORMANCE

Every field office undergoes performance reviews. The FBI is a statistic driven agency. Among other things, internal inspectors count the number of arrests and convictions at each office, looking for reasonable numbers of completed cases, and how efficiently they were concluded. But, the type of crimes is taken into consideration. While a specialist in bank robberies might clear 10-15 cases a year, white collar cases such as bank fraud, health care, or telemarketing can take longer to investigate and prosecute because of their complexity and the fact that they may be occurring in more than one State. Agents also have to prove that the suspect knowingly and willfully committed the crimes.

 

There are mandatory reports to be written after a case is completed. The standard rule applies: “If there is no paperwork, it didn’t happen.” Forms MUST be filled out so that people can be prosecuted and a decision can be made on what parts of the evidentiary findings can be more solidly prosecuted and whether the case will be tried in a federal or state court.

 

If you think this is a 9 to 5 profession, it’s not. There are many wakeup calls in the middle of the night because an agent is on duty 24/7. FBI agents may be called to other States or even to other countries beyond the home base if the case takes them there. If you are counting on a permanent posting in one city, look elsewhere for a career.

 

When applying to attend the Academy, you won’t be able to hide anything in your background and will have absolutely no secrets from your employers. Because of Robert Hansen, an FBI agent who was a spy for the Russians on and off from 1979 until 2001, there are now polygraphs administered at the beginning of the application process as well as several times during a career in order to avoid further infiltrations by a foreign agent. Your personnel file is available to the Defense Attorney that represents the suspects (defendants) in the cases you work on, so if you have Lack of Candor (you lied or covered up a mistake during your career) in your file, you can be discredited on the stand in court. Agent credibility is essential for successful prosecution of the case.

 

 

The FBI’s Wide Variety of Cases 

 

KIDNAPPINGS

After 24 hours, kidnappings that cross state lines come under FBI jurisdiction – use of the telephone or email can make it an interstate crime. The FBI is called in (usually by the police) because of their expertise, resources, ability to negotiate, and quick access to required warrants. The FBI can’t tell families whether to pay any ransom or not, but there is surveillance on the payout if that choice is made.

 

FYI – In general, international kidnappings are handled by negotiators working for the big companies whose employees have been snatched.

 

BOMBINGS

If the FBI is the lead agency, the teams will arrive after First Responders have secured the scene. If the mail is involved, then Postal Inspectors will work the case as well, but if not, then the Alcohol, Tobacco, and Firearms (ATF) unit and an Evidence Response Team (ERT) will be involved. There is some negotiation between the different agency teams so that no duplication of effort occurs.

DEATH ON THE JOB

People see agents depicted as tough and resilient, but let’s face it, field work can be dangerous. Chasing and apprehending fugitives sometimes includes guns and shooting. Bank robberies and other crimes can involve hostages and lethal force.

 

DUPLICATE DRUG INVESTIGATIONS

It doesn’t often happen, but various other government agency investigations might target the same or overlapping drug cartels. Blue on blue conflict can be very risky, so big cities have de-confliction rooms. Before a big bust, someone checks a database for scheduled buys, so that law enforcement agencies aren’t tripping over each other at the scene.

 

COURT OF PUBLIC OPINION

For people doing the day-to-day work, it’s not about the politics, but agents are cast in the same light as Senior Management. That can happen even if the agents personally might have nothing to do with what’s unfolding in Washington, DC or elsewhere in the world. The FBI played no part in the Rodney King events, but after the Rodney King riots in Los Angeles, a big bank case came up. A juror on that case said, “If the LAPD can lie, so can the FBI” and that works both ways.

 

WHITE COLLAR CRIME

White-collar crime refers to fraud perpetrated because of a desire for financial gain. Some scams have cost companies/investors billions of dollars and wiped out entire life savings. Among others, the FBI has investigated cases involving money laundering, securities and commodities fraud, bank fraud and embezzlement, election law violations, telemarketing fraud, and health care fraud. They have worked with the Securities and Exchange Commission, the IRS, the U.S. Postal Inspection Service, and the Treasury Department to catch the worst offenders.

Corporate Fraud is a serious threat to the economy and the FBI concentrates on cases that involve accounting schemes designed to deceive everyone about the true financial condition of a company. Agents specializing in white collar crime look for bogus accounting entries, and fake/illegal trades rigged to protect the trader or avoid regulation. They keep an eye out for insider trading, misuse of corporate property, and tax fraud.

 

LOVE IN THE BUREAU

Relationships have been known to begin within the agency, because not many people outside law enforcement understand/accept the demands of the job. For FBI couples that marry, if both spouses are street agents, the relationship is not an issue. But, if one or the other reaches management level, one can’t supervise the other. If a slot opens up where a spouse is posted, the other can apply, but there is no guarantee that the married applicant will get it.

 

WRITE ALL ABOUT IT?

Everyone must sign a non-disclosure agreement because they can never talk about classified cases. There is a special unit that handles whether or not an agent can write about something – all manuscripts must go through pre-publication review. The only cases that can be written about are those closed cases which are part of the public record. Also, former agents are not allowed to write about investigative techniques or their sources.

 

Besides being a top investigator, AN AGENT IS:

  • a sales person (must be able to sell yourself and your case to the Assistant US Attorney, Judge, and Jury)
  • a communicator (talk, write a convincing document, listen well)
  • a business owner (how much will it take to run the case)

 

Ready to sign up?

Many thanks to Bucky and Chris Cox for generously sharing their time and knowledge about the details of the job of Special Agent in the FBI.  🙂

 

*Photo credits: official photos from the FBI     

 

 

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