The Forensic Examiner (Sample) - Fall 2008 by CNTA, Inc.

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ADULT CHILDREN WHO KILL THEIR PARENTS Frank Perri, Terrance Lichtenwald, and Paula Mackenzie, authors of “The Lull Before the Storm: Adult Children Who Kill Their Parents”

Terror on YouTube

Examiner Finds Web Sites Still Feature Propaganda for Terrorist Groups

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Decades Before Fictional Holmes, This Forensic Inspector Solved Mysteries

Fighting for the Innocent

Virginians Lead Crusade to Reverse Travesties of Justice

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FBI CITIZENS ACADEMY: Citizens Urged to Take Active Roles in Helping Vital Mission of the FBI

ACFEI Offers New Course

Combating Terrorism Homeland Combatives Course Teaches Devastatingly Effective Techniques

By Ingrid Caldwell

f any of the passengers or crewmembers of the airplanes hijacked on 9/11 had been trained effectively in close-quarter combat, could the Twin Towers and the Pentagon—and the nearly 3,000 people who lost their lives that day—have been saved? Homeland Combatives, an award-winning self-defense course created by Grandmaster Gary Dill and Dr. Robert O’Block, is based on the theory that individuals, equipped with proper knowledge and effective martial arts techniques, have the power to prevent devastating terrorist attacks such as the ones of Sept. 11. The 12-level DVD course is available only to members of CHS and ACFEI and to those in the military, law enforcement, and related government agencies.

s Grandmaster Gary Dill (left) and cofounder Dr. Robert L. O’Block (right) spearhead the Homeland Combatives Program.

“We have been researching this program for years, and Dr. O’Block and I have finally developed what we feel is the most effective close-quarter combat training available on the market today,” says Dill, the main instructor of Homeland Combatives. “The primary focus of the course is on anti-terrorist training, resulting in the extreme neutralization or termination of the terrorist. This material is not for the typical self-defense applications, but to be used only in serious, life-threatening situations.” Standard forms of martial arts tend to take a cue from Hollywood action movies, using high kicks and fancy spins that look impressive but leave key targets on the body open and vulnerable to attack.

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Anyone who has encountered an actual combat situation knows that there is no time for theatrics when an opponent is closing in. Dill and O’Block created the course to offer those whose careers put them in potentially life-threatening situations a precise, efficient, and deadly approach to close-quarter combat. “The Homeland Combatives program is not even close in comparison to the typical training that you find down at the karate school in your local strip mall, for there are no sport aspects, rituals, aesthetics, or fancy acrobatics … only realistic, effective, close-quarters combat training for the person who does not intend to become a victim,” says Dill. “The instruction is geared for dealing with the reality of combat, either on the battlefield or on the street.” In addition to the DVDs, students training under the Homeland Combatives program will have the opportunity to contact Dill through e-mail or phone calls. Dill will also present a workshop at the 2008 CHS/ACFEI National Conference in San Diego in September. Special private instructions and group training seminars with Dill are also available for an extra fee. Dill and O’Block have combined the most effective fighting techniques from Jeet Kune Do, JuJitsu, Kempo, and other forms of martial arts to create a truly efficient fighting system. Homeland Combatives employs fast, deceptive hand strikes and punches, punching and striking combinations, low-level powerful kicks and knees to legs, footwork and evasive movements, attack and enter tactics, breaking out of restraining holds, weapon defense, gun disarms, knife fighting, stick fighting, grappling skills, bone-breaks, chokes, neck-breaks, and more to “break, maim, and kill” the would-be attacker. According to Dill, students do not need to be in above-average physical shape to successfully complete the 12-level Homeland Combatives course. “[The course] is easy to learn and extremely effective, using common sense as the common denominator,” says Dill. “It is based upon knowledge and technical skill, the proper warrior mindset, and reasonable physical activity. Students have trained under me well into their late 60s.” Homeland Combatives was recently named “The Most Innovative Training Program for 2008” www.acfei.com

by the World Head of Family Sokeship Council (WHFSC), the world’s largest and most prestigious grandmasters martial arts organization. At the WHFSC’s annual event, O’Block and Dill were also inducted into the World Martial Arts Hall of Fame as the co-founders of Homeland Combatives. Grandmaster Dill, a 10th degree black belt, has been involved in martial arts for 45 years. For nearly three decades, he has been considered one of the nation’s foremost experts in Jeet Kune Do, teaching thousands of students worldwide, writing numerous articles on the topic for Black Belt, Inside Kung Fu, and other martial arts magazines, and producing a series of comprehensive Jeet Kune Do home-study videos. Dill was one of a few original students to train at one of Bruce Lee’s three Jeet Kune Do schools while Lee was still alive. His interest in law enforcement and justice has led him to many different positions, including NCIS federal special agent, state police criminal investigator, chief of police, and senior police defensive tactics instructor. He founded SDS Combat Systems and has more than 42 years of experience training law enforcement, military, and civilian personnel. A Vietnam veteran, Dill has served in the U.S. Marine

Corps and the U.S. Navy. He also holds a degree in police science and has studied criminal justice administration at the post-graduate level. “I feel that many of you share my experiences and background, and I want you to have confidence that you will receive the finest instruction available in close-quarters combat,” says Dill. O’Block conceived of Homeland Combatives after the terrorist attacks of Sept. 11 and spent time looking for an active instructor with great credentials. He found his match in Grandmaster Dill. O’Block, like Dill, has spent most of his life studying various forms of martial arts, taking Judo at a local YMCA when he was 15 years old and subsequently earning several black belts, two from Grandmaster Wayne Carmen and one from Dill. “I’ve studied martial arts on and off my entire life,” O’Block says. “A lot more off than on, because most local programs drag out the training to make more money and a lot of what they teach is sport not self defense. There is a big difference.” O’Block estimates that it would cost an average of $7,000 to attain black belt status at a typical storefront martial arts school. Additionally, attending classes at a standard school and work-

Awarded “The Most Innovative Training Program for 2008” The World Head of Family Sokeship Council (the world’s largest and most prestigious grandmasters martial arts organization)

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For more information on purchasing the Homeland Combatives course, please contact Grandmaster Gary Dill at ProfessorDill@acfei.com or Dr. Robert O’Block at RLOBlock@ aol.com. Information is also available online at www.hc.acfei.com.

ing up through the belt system would take a long time—time that law enforcement or military officials might not be able to make in their schedules. Homeland Combatives is meant to condense the process of earning a black belt into the most efficient system for those with packed schedules. The DVD training format allows students to train at their own homes and offices. “Our members are busy professionals,” says O’Block. “Homeland Combatives doesn’t waste anyone’s time.” Upon completing the 12th level of the program, Homeland Combatives students have the opportunity to test for a black belt, demonstrating their knowledge and skill in front of Grandmaster Dill. The test will last several hours and will incorporate techniques from all 12 levels of the program. Students who pass the black belt test will receive official Homeland Combatives recognition as well as an actual black belt issued through the Homeland Combatives training organization and

4 THE FORENSIC EXAMINER Fall 2008

the Self-Defense Systems International Martial Arts Federation. “This is a world-wide recognized certification which reflects in the member a high level of skill in specialized combatives, and gives the member a sense of personal accomplishment,” says Dill. According to Dill, however, the primary benefit of completing the course is that members will gain the ability to stop a potential terrorist attack and to save their own lives and the lives of others. O’Block agreed. “In almost all of the traditional training I have taken, I have seen flaws—in some cases major flaws,” said O’Block. “Had more people been trained who were aboard those airplanes, 9/11 would not have happened. You have 40–125 passengers against only three or four hijackers with a couple of box cutters. Now we know better. Yes, there still would have been injuries if passengers had been trained, but 3,000 lives would not have been lost.” n www.acfei.com

FIGHT FOR YOUR COUNTRY!

AWARDED

“The Most Innovative Training Program for 2008” The World Head of Family Sokeship Council (the world’s largest and most prestigious grandmasters martial arts organization)

Years of training and research have gone into the development of the Homeland Combatives training program, co-founded by Professor Gary Dill, grandmaster of the martial arts, and Dr. Robert O’Block. Homeland Combatives has extracted the most effective fighting techniques (punching, striking, kicking, grappling, use of weapons) from a variety of martial arts (Jeet Kune Do, Ju-Jitsu, Kempo, and more) and formulated the most unique and innovative close-quarters combat training program on the market today.

Chief Instructor: PROFESSOR GARY DILL

Co-Founder: DR. ROBERT O’BLOCK

COURSE INCLUDES: 12 Disk DVD set Training Manual

http://hc.acfei.com

Homeland Combatives is formulated for use in hand-to-hand combat in terrorist confrontations, military battlefield combat, and for your personal protection when dealing with a life threatening situation. This is serious training using deadly techniques for use in the street or on the battlefield. There are no sport competitions, rituals, forms, or katas…only realistic, effective close-quarters combat training for the person who does not intend to become a victim. Black Belt testing and certification is optional and available for Homeland Combatives students.

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VOLUME 17 • NUMBER 3 • Fall 2008

The Official Peer-Reviewed Journal of The American College of Forensic Examiners

The American College of Forensic Examiners International (ACFEI) does not endorse, guarantee, or warrant the credentials, work, or opinions of any individual member. Membership in ACFEI does not constitute the grant of a license or other licensing authority by or on behalf of the organization as to a member’s qualifications, abilities, or expertise. The publications and activities of ACFEI are solely for informative and educational purposes with respect to its members. The opinions and views expressed by the authors, publishers, or presenters are their sole and separate views and opinions and do not necessarily reflect those of ACFEI, nor does ACFEI adopt such opinions or views as its own. The American College of Forensic Examiners International disclaims and does not assume any responsibility or liability with respect to the opinions, views, and factual statements of such authors, publishers, or presenters, nor with respect to any actions, qualifications, or representations of its members or subscriber’s efforts in connection with the application or use of any information, suggestions, or recommendations made by ACFEI or any of its boards, committees, publications, resources, or activities thereof.

Feature Articles

FBI Pairs with Community: Citizens Urged to Take Active Roles in Helping Vital Mission of the FBI By Amber Ennis, Associate Editor

The Lull Before the Storm: Adult Children Who Kill Their Parents

By Frank S. Perri, JD, MBA, CPA; Terrance G. Lichtenwald, PhD, FACFEI, DABFE, DABFM, DABPS; and Paula MacKenzie, MSEd

Necrotic Spider or Tick Bite: Warning against Dermal Therapies Using Heat or Other Vasodilator

By Cornelia Richardson-Boedler, NDM, MA, DABFE, DABFM

Post-Conviction Polygraph in the Community and Court: Raising the Bar on PCSOT Examiners By Kenneth E. Blackstone, DABFE, Life Member ACFEI

Write about a fascinating forensic case. Case studies exploring forensic investigations on any topic, case, or crime—including deception, theft, murder, historical cases, and any others—are welcome. These case studies could discuss serial killers, famous fraudsters, cold cases, or any other type of case. Case studies should focus on how forensic techniques, tools, and investigations were used to break the case or solve a mystery. These could be cases you’ve worked on or simply cases that fascinate you. Submit an article for peer review. The Forensic Examiner® is always looking for articles on research, new techniques, and findings in the various fields of forensics. To submit an article for peer review, or for complete submission guidelines, please visit www.acfei.com or write to editor@acfei.com.

13 6 THE FORENSIC EXAMINER Fall 2008

How to Submit: Whether you wish to submit an article for peer review, a fascinating case or forensic case profile, or an article on a current issue in the field of forensics, send your writing electronically (either in the body of an email or as an attachment) to editor@acfei.com. Or, send in your writing on a disc or CD to Editor, Association Headquarters, 2750 E. Sunshine, Springfield, MO 65804.

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The Forensic Examiner Creed I do affirm that: I shall investigate for the truth. I shall report only the truth. I shall avoid conflicts of advocacies. I shall conduct myself ethically. I shall seek to preserve the highest standard of my profession. As a Forensic Examiner, I shall not have a monetary interest in any outcome of a matter in which I am retained. I shall share my knowledge and experience with other examiners in a professional manner. I shall avoid conflicts of interest and will continue my professional development throughout my career through continuing education, seminars, and other studies. As a Forensic Examiner, I will express my expert opinion based only upon my knowledge, skill, education, training, and experience. The light of knowledge shall guide me to the truth and with justice the truth shall prevail. To all these things, I affirm to uphold.

Case Studies/Current Issues

Do You Speak Body Language? Mastering the Art of Nonverbal Communication By Jan Hargrave, EdS

Life Whisperer, CFC: Formidable Woman Psychologist Offers Powerful Lessons on Life By Darrell Barr, CFC

Payment Pitfalls Endured by the Expert Who Will be Paid for Services By Jess E. Dines, BSEE, FACFEI, DABFE

Auguste Ambroise Tardieu: First Responderâ&#x20AC;&#x2122;s Methods Become the Standard for Future Forensic Scientists By Katherine Ramsland, PhD, CMI-V

Mandatory Minimums: Tipping the Scales of Justice

By Bruce Gross, MBA, JD, PhD, FACFEI, DABFE, DABPS, DABFM, FAPA

Terrorists Finding Internet to Be Fertile Ground for Spreading Propaganda By Ingrid Caldwell

Also in this Issue

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Reviews of Books Written by ACFEI Members Falsely Accused: Truth in Justice Organization Uses Web Site to Fight for Rights of Wrongly Accused

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Publisher: Robert L. O’Block, MDiv, PhD, PsyD, DMin (rloblock@aol.com) Editor in Chief: John Lechliter (editor@acfei.com) Executive Art Director: Brandon Alms (brandon@acfei.com) Associate Editor: Amber Ennis (amber@acfei.com) Assistant Editor: Kara Goeke (kara@acfei.com) Advertising: John Lechliter (john@acfei.com) (800) 423-9737, ext. 174

ACFEI Executive Advisory Board Chair of the Executive Board of Advisors: David E. Rosengard, RPh, MD, PhD, MPH, FACFEI, DABFE, DABFM, FACA (apoth.), Chair, American Board of Forensic Medicine Vice Chair of the Executive Board of Advisors: Michael Fitting Karagiozis, DO, MBA, CMI-V, Chair, American Board of Forensic Examiners Members of the Executive Board of Advisors: John H. Bridges III, DSc (Hon.), CHS-V, DABCHS, FACFEI, Chair, American Board for Certification in Homeland Security Doug E. Fountain, PhD, DABFSW, Chair, American Board of Forensic Social Workers Raymond F. Hanbury, PhD, ABPP, FACFEI, DABFE, CHS-III Lee Heath, CHS-V, DABCHS, Chair, American Board of Law Enforcement Experts Brian L. Karasic, DMD, DABFD, DABFM, DABFE, Chair, American Board of Forensic Dentistry Marilyn J. Nolan, MS, DABFC, Chair, American Board of Forensic Counselors Thomas J. Owen, BA, FACFEI, DABRE, DABFE, Chair, American Board of Recorded Evidence Jamie J. Ferrell, RN, BSN, SANE-A, FACFEI, DABFN, DABFE, CFN, Chair, American Board of Forensic Nursing Michael G. Kessler, Cr.FA, CICA, FACFEI, DABFA, DABFE, Chair, American Board of Forensic Association Vincent B. VanHasselt, PhD, DABCIP, Chair, American Board of Critical Incident Professionals Ben Venktash, MS, DABFET, DABFE, Chair, American Board of Forensic Engineering and Technology

2008 Editorial Advisory Board Louay Al-Alousi, MB, ChB, PhD, FRCPath, FRCP(Glasg), FACFEI, DMJPath, DABFM, FFFFLM Nicholas G. Apostolou, DBA, DABFA, CPA Larry Barksdale, BS, MA E. Robert Bertolli, OD, FACFEI, CHS-V, CMI-V Kenneth E. Blackstone, BA, MS, CFC David T. Boyd, PhD, DBA, CPA, CMA, CFM, Cr.FA Jules Brayman, CPA, CVA, CFD, DABFA John Brick, PhD, MA, DABFE, DABFM Richard C. Brooks, PhD, CGFM, DABFE Steve Cain, MFS, DABFE, DABRE, FACFEI , MF-SQD Dennis L. Caputo, MS, DABFET, REM, CEP, CHMM, QEP Donald Geoffrey Carter, PE, DABFET David F. Ciampi, PhD, FACFEI, DABPS Leanne Courtney, BSN, DABFN, DABFE Larry Crumbley, PhD, CPA, DABFE Jean L. Curtit, BS, DC Andrew Neal Dentino, MD, FACFEI, DABFE, DABFM Francisco J. Diaz, MD James A. DiGabriele, DPS, CPA, CFSA, DABFA, Cr.FA, CVA John Shelby DuPont Jr., DDS, DABFD Scott Fairgrieve, Hons. BSc, MPhil, PhD, FAAFS Edmund Fenton, DBA, CPA, CMA, Cr.FA Per Freitag, PhD, MD, FACFEI, DABFE, DABFM Nicholas Giardino, ScD, FACFEI, DABFE David H. Glusman, CPA, DABFA, CFS, Cr.FA Karen L. Gold, PysD, FACFEI, DABPS Ron Grassi, DC, MS, FACFEI, DABFM James Greenstone, EdD, JD, FACFEI, DABFE, DABFM, DABPS, DABCIP Roy C. Grzesiak, PhD, PC Richard C. W. Hall, FACFEI, DABFM, DABFE, MD, FAPA, FAPM, FACPsych Raymond F. Hanbury, PhD, ABPP, FACFEI, DABFE, DABPS, CHS-III James Hanley III, MD, DABFM Nelson Hendler, MD, DABFM David L. Holmes, EdD, BCAP, BCPS, BCBS, FACFEI, DABFE, DABPS Leo L. Holzenthal Jr., PE, DABFET, MSE, BSEE, FACFEI Linda Hopkins, PhD, CFC John R. Hummel, PhD, CHS-III Edward J. Hyman, PhD, FACFEI, DABFE, DABFM, DABPS Zafar M. Iqbal, PhD, FACFEI, DABFE, DABFM Nursine S. Jackson, MSN, RN, DABFN Paul Jerry, MA, C.Psych., PhD, DAPA, DABFC Scott A. Johnson, MA, DABPS, DAACCE Philip Kaushall, PhD, DABFE, DABPS

Eric Kreuter, PhD, CPA, CMA, CFM, DABFA, FACFEI, SPHR Ronald G. Lanfranchi, DC, PhD, DABFE, DABFM, DABLEE, CMI-IV Richard Levenson, Jr., PsyD, DABFE, DABPS Monique Levermore, PhD, FACFEI, DABPS Jonathon Lipman, PhD, FACFEI, DABFE, DABPS, DABFM Judith Logue, PhD, FACFEI, DABFSW, DABPS, DABFE, DABFM Jennie Martin-Gall, CMT, CMI-I Mike Meacham, PhD, LCSW, DCSW, DABFSW David Miller, DDS, FACFEI, DABFE, DABFM, DABFD John V. Nyfeler, FAIA, LEED-AP Jacques Ama Okonji, PhD, FACFEI Norva Elaine Osborne, OD, FAAO, CMI-III Terrence O’Shaughnessy, DDS, FACFEI, DABFD George Palermo, MD, FACFEI, DABFE, DABFM Ronald J. Panunto, PE, BSEE, CFEI Larry H. Pastor, MD, FAPA, FACFEI, DABFE, DABFM Theodore G. Phelps, CPA, DABFA Marc Rabinoff, EdD, FACFEI, DABFE Harold F. Risk, PhD, DABPS Susan P. Robbins, PhD, LCSW, DCSW, LCDC, DABFSW, BCD Jane R. Rosen-Grandon, PhD, DABFC Douglas Ruben, PhD, FACFEI, DABFE, DABFM, DABPS J. Bradley Sargent, CPA, CFS, Cr.FA, DABFA, FACFEI William Sawyer, PhD, FACFEI, DABFE, DABFM Victoria Schiffler, RN, DABFN John V. Scialli, MD, FAACAP, DAPA, DABFE, DABFM Howard A. Shaw, MD, DABFM Henry A. Spiller, MS, DABFE, FACFEI Marylin Stagno, PsyD, RN, DABFE, DABFM, DABPS Richard I. Sternberg, PhD, DABFE, DABPS, FABVE, FFAPP James R. Stone, MD, MBA, CHS-III, DABFE, DABFM Johann F. Szautner, PE, PLS William A. Tobin, MA, DABFET, DABLEE Robert Tovar, BS, MA, DABFE, DABPS, CHS-III Brett C. Trowbirdge, PhD, JD, DABPS Jeff Victoroff, MA, MD, DABFE, DABFM Patricia Ann Wallace, PhD, FACFEI, DABFE, DABFM Raymond Webster, PhD, FACFEI, DABFE, DABFM Dean A. Wideman, MSc, MBA, CFC, CMI-III

The Forensic Examiner® (ISSN 1084-5569) is published quarterly by The American College of Forensic Examiners International, Inc. (ACFEI). Annual membership for a year in the American College of Forensic Examiners International is $165. Abstracts of articles published in The Forensic Examiner® appear in National Criminal Justice Reference Service, Cambridge Scientific Abstracts, Criminal Justice Abstracts, Gale Group Publishing’s InfoTrac Database, e-psyche database, and psycINFO database. Periodicals Postage Paid at Springfield, Missouri, and additional mailing offices. © Copyright 2008 by the American College of Forensic Examiners International. All rights reserved. No part of this work can be distributed or otherwise used without the express permission of the American College of Forensic Examiners International. The views expressed in The Forensic Examiner® are those of the authors and may not reflect the official policies of the American College of Forensic Examiners International.

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The American College of Forensic Examiners Executive Advisory Boards

AMERICAN BOARD OF CRITICAL INCIDENT PROFESSIONALS Originally The American Board of Examiners in Crisis Intervention Chair of the Executive Board of Crisis and Emergency Management Advisors: Vincent B. VanHasselt, PhD, DABCIP Second Vice Chair: Kent Rensin, PhD, DABCIP Members of the Executive Board of Crisis and Emergency Management Advisors: Sam D. Bernard, PhD, DABCIP Monica Beer, PhD, DABCIP Marie Geron, PhD, DABCIP Raymond Hamden, PhD, FACFEI, DABPS, DABCHS, DAPA, CFC, CMI-V, CHS-V, DABCIP Marilyn Nolan, MS, DABFC, DABCIP Rev. Roger Rickman, DABCIP, CHS-V, DABCHS, CFC, CMI-I, FACFEI Debra M. Russell, PhD, CMI-V, CRC, CISM, DABCIP Dorriss Edward Smith, Col. U.S. Army, CHS-V, DABCIP Alan E. Williams, MS, CHS-V, DABCIP Founding Members of the Board of Crisis Intervention: James L. Greenstone, EdD, JD, DABCIP W. Rodney Fowler, EdD, PhD, DABCIP Sharon C. Leviton, PhD, DABCEIP Edward S. Rosenbluh, PhD, DABECI (1937-2000) AMERICAN BOARD OF FORENSIC ACCOUNTING Chair of the Executive Board of Accounting Advisors: Michael G. Kessler, Cr.FA, CICA, FACFEI, DABFA, DABFE Members of the Executive Board of Accounting Advisors: Stewart L. Appelrouth, CPA, CFLM, CVA, DABFA, Cr.FA, ABV Gary Bloome, CPA, Cr.FA Jules J. Brayman, CPA, ABV, CVA, CFFA, FACFEI, DABFA Stephen E. Cohen, CPA, ABV, FACFEI, DABFA, Cr.FA, CVA D. Larry Crumbley, PhD, CPA, DABFA, Cr.FA, CFFA, FCPA James A. DiGabriele, CPA, ABV, CFSA, Cr.FA, FACFEI, CVA June Dively, CPA, DABFA, Cr.FA David Firestone, CPA David H. Glusman, CPA, FACFEI, DABFA, Cr.FA Eric A. Kreuter, PhD, CPA, CMA, CFM, FACFEI, DABFA, SPHR, CFD, CFFA, BCFT Raimundo Lopez Lima Levi, CPA, DABFA Dennis S. Neier, CPA, DABFA Sandi Peters, CPA, Cr.FA Jay J. Shapiro, CPA, DABFA AMERICAN BOARD OF FORENSIC COUNSELORS Chair of the Executive Board of Counseling Advisors: Marilyn J. Nolan, MS, DABFC Vice Chair of the Executive Board of Counseling Advisors: Steven M. Crimando, MA, CHS-III Chair Emeritus: Dow R. Pursley, EdD, DABFC Members of the Executive Board of Counseling Advisors: George Bishop, LPC, LAT, LAC, FACFEI, DABFE Laura W. Kelley, PhD, DABFC, LPC Robert E. Longo, FACFEI, DABFC Kathleen Joy Walsh Moore, DABFC, CHS-III DeeAnna Merz Nagel, MEd, LPC, CRC, DCC, CFC Irene Abrego Nicolet, PhD, MA, DABFC Hirsch L. Silverman, PhD, FACFEI, DABFC, DABFE, DABFM, DABPS William M. Sloane, JD, LLM, PhD, FACFEI, DABFC, CHS-III, CMI-I, DACC, DCPC, FAAIM, FACC, MTAPA Gary Smith, MEd, FACFEI, DABFE Ava Gay Taylor, MS, LPC, DABFC AMERICAN BOARD OF FORENSIC DENTISTRY Chair of the Executive Board of Forensic Dentistry: Brian L. Karasic, DMD, MScFin, DABFD, DABFM, DABFE, FACFEI Members of the Executive Board of Dental Advisors: Ira J. Adler, DDS, DABFD Bill B. Akpinar, DDS, FACFEI, DABFD, DABFE, CMI-V Stephanie L. Anton-Bettey, DDS, CMI-V Jeff D. Aronsohn, DDS, FACFEI, DABFD, CMI-V Susan A. Bollinger, DDS, CMI-IV, CHS-III Michael H. Chema, DDS, FACFEI, DABFD, DABFE James H. Hutson, DDS, CMI-V, DABFD John P. Irey, DDS, CMI-V, LLC Chester B. Kulak, DMD, CMI-V, CHS-III, CFC, DABFE, DABFD Morley M. Lem, DDS, FACFEI, DABFD, DABFM, DABFE John P. LeMaster, DMD, DABFD, CMI-V, CHS-III Jeannine L. Weiss, DDS AMERICAN BOARD OF FORENSIC ENGINEERING & TECHNOLOGY Chair of the Executive Board of Engineering & Technological Advisors: Ben Venktash, MS, DABFET, DABFE, CHSP, REA, FRSH (UK), FIET (UK) Vice Chair: Cam Cope, BS, DABFET, DABFE 2nd Vice Chair: Ronald Schenk, MSc, MInstP, PEng (UK), CHS-IV, CMI-I Chair Emeritus: David Hoeltzel, PhD Members of the Executive Board of Engineering & Technological Advisors: Nicholas Albergo, DABFET Kyle J. Clark, DABFET George C. Frank, CFC, DABFE Robert K. Kochan, BS, DABFET, DABFE, FACFEI John W. Petrelli Jr., AIA, NCABB, TAID, DABFET Max L. Porter, PhD, DABFET, DABFE, PE, HonMASCE, Parl, Dipl ASFE,

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FTMS, FACI, CFC Peter H. Rast, DABFET, DABFE, DABLEE, BS, MSFS, MBA Oliver W. Siebert, PE, DABFET, FACFEI Kandiah Sivakumaran, MS, PE, DABFET James W. St. Ville, MD, MS, FACFEI, DABFET, DABFM Malcolm H. Skolnick, PhD, JD, FACFEI, DABFET, DABFE AMERICAN BOARD OF FORENSIC EXAMINERS Chair of the Executive Board of Forensic Examiners: Michael Fitting Karagiozis, DO, MBA, CMI-V Chair Emeritus: Zug G. Standing Bear, PhD, FACFEI, DABFE, DABFM Members of the Executive Board of Forensic Examiners: Jess P. Armine, DC, FACFEI, DABFE, DABFM Phillip F. Asencio-Lane, FACFEI, DABFE John H. Bridges, III, CHS-V, DABCHS, CHMM, FACFEI, DABCIP Ronna F. Dillon, PhD, DABFE, DABPS, CMI-V, CHS-III Nicholas J. Giardino, ScD, DABFE, FACFEI, RPIH, MAC, CIH Bruce H. Gross, PhD, JD, MBA, DABFE, DABFM, FACFEI, DAPA Kenneth M. Gross, DC, FACFEI, DABFE, CMI-I Darrell C. Hawkins, MS, JD, FACFEI, DABFE, DABLEE, CMI-V, CHS-III, F-ABMDII, IAI-SCSA, IAAI-CFI Michael W. Homick, PhD, EdD, DABCHS, CHS-V John L. Laseter, PhD, FACFEI, DABFE, DABFM, CMI-V, CHS-III Jonathan J. Lipman, PhD, FACFEI, DABFE, DABFM, DABPS Leonard K. Lucenko, PhD, FACFEI, DABFE, CPSI Edward M. Perreault, PhD, DABFE Marc A. Rabinoff, EdD, FACFEI, DABFE, CFC David E. Rosengard, RPh, MD, PhD, MPH, FACFEI, DABFE, DABFM, FACA Janet M. Schwartz, PhD, FACFEI, DABFE, DABFM, DABPS, CHS-V Richard Sgaglio, PhD, CMI-IV AMERICAN BOARD OF LAW ENFORCEMENT EXPERTS Chair of the Executive Board of Law Enforcement: Lee Roy Heath, CHS-V, DABLEE Vice Chair of the American Board of Law Enforcement Experts: Darrell C. Hawkins, JD, DABLEE, DABFE, CHS-III, CMI-V Chair Emeritus: Michael W. Homick, PhD, DABCHS, CHS-V Members of the Executive Board of Law Enforcement Advisors: Alan Bock, CHS-III, DABLEE Tom Brady, CHS-V, DABLEE Gregory M. Cooper, MPA, DABLEE Dickson S. Diamond, MD, DABLEE, DABFE John E. Douglas, EdD, DABLEE Les M. Landau, DO, FACFEI, DABLEE, DABFE, DABFM, CHS-III Ronald Lanfranchi, PhD, DABLEE, DABFE, CMI-IV, FACFEI, DABFM Leonard Morgenbesser, DABLEE John T. Pompi, BA, DABLEE, DABFE Stephen Russell, DABLEE, CMI-II Oscar Villanueva, CHS-V, DABLEE David E. Zeldin, MA, FACFEI, DABFE, CHS-III AMERICAN BOARD OF FORENSIC MEDICINE Chair of the Executive Board of Medical Advisors: David E. Rosengard, RPh, MD, PhD, MPH, FACFEI, DABFE, DABFM, FACA (apoth.) Vice Chair: Michael Fitting Karagiozis, DO, MBA, CMI-V Members of the Executive Board of Medical Advisors: Terrance L. Baker, MD, MS, FACFEI, DABFM, CMI-V John Steve Bohannon, MD, CMI-IV Edgar L. Cortes, MD, DABFM, DABFE, CMI-V, FAAP Albert B. DeFranco, MD, FACFEI, DABFM, DABPS, CMI-V, CHS-III James B. Falterman Sr., MD, DABFM, DABFE, DABPS, CMI-IV Malcolm N. Goodwin, Jr., Col. USAF MCFS (Ret.), MD, MS, DABFM, DABFE, FCAP, FACFEI Vijay P. Gupta, PhD, DABFM Richard Hall, MD, FACFEI, DABFM, DABFE Louis W. Irmisch, III, MD, FACFEI, DABFM, DABFE, CMI-V E. Rackley Ivey, MD, FACFEI, DABFM, DABFE, CMI-V Kenneth A. Levin, MD, FACFEI, DABFM, DABFE E. Franklin Livingstone, MD, FAAPM&R, FACFEI, DABFM, DABFE, DAAPM John C. Lyons, MD, FACS, MSME, FACFEI, DABFM, DABFET, DABFE Manijeh K. Nikakhtar, MD, MPH, DABFE, DABPS, CMI-IV, CHS-III John R. Parker, MD, FACFEI, DABFM, FCAP Anna Vertkin, MD, CMI-V, DABFM Maryann M. Walthier, MD, FACFEI, DABFM, DABFE Cyril Wecht, MD, JD, FACFEI, CMI-V AMERICAN BOARD OF FORENSIC NURSING Chair of the Executive Board of Nursing Advisors: Jamie J. Ferrell, RN, BSN, SANE-A, FACFEI, DABFN, DABFE, CFN, CMI-III Vice Chair of the Executive Board of Nursing Advisors: Dianne T. Ditmer, PhD, MS, RN, DABFN, CMI-III, CFN, FACFEI, CHS-III Members of the Executive Board of Nursing Advisors: Marilyn Bello, RNC, MS, CMI-V, CFC, CFN, SAFE, DABFN, DABFE Rose Eva Bana Constantino, PhD, JD, RN, FACFEI, DABFN, DABFE, CFN, FAAN Renae M. Diegel, RN, SANE-A, CMI-III, CFC, CFN, CEN Lo M. Lumsden, ANP, GNP, EdD, CFN, DABFN, DABFE, CHS-III Yvonne D. McKoy, PhD, RN, DABFN, FACFEI Diane L. Reboy, MS, RN, CFN, LNCC, CNLCP, LNCC, FACFEI, DABFN

Suzette Rush-Drake, RN, BSN, PsyD, DABFN, DABFE Russell R. Rooms, MSN, RN, CMI-III, CFN, DABFN, APRN Elizabeth N. Russell, RN, BSN, CCM, DABFN, BC, FACFEI LeAnn Schlamb, RN-BC, MSN, CFN, DABFN Sharon L. Walker, MPH, PhD, RN, CFN AMERICAN BOARD OF PSYCHOLOGICAL SPECIALTIES Chair of the Executive Board of Psychological Advisors: Raymond F. Hanbury, PhD, DABPS, DABFE, ABPP, FACFEI, CHS-III, DABPS Vice Chair of the Executive Board of Psychological Advisors: Raymond H. Hamden, PhD, FACFEI, DABPS, DABCIP, DABCHS, DAPA, CFC, CMI-V, CHS-V Chair Emeritus: Carl N. Edwards, PhD, JD, FAAFS, FICPP, FACFEI, DABPS, DABFE Members of the Executive Board of Psychological Advisors: Carol J. Armstrong, PhD, LPC, DABPS Robert J. Barth, PhD, DABPS Monica Beer, PhD, DABCIP John Brick, III, PhD, MA, FAPA, FACFEI, DABFE, DABPS Alan E. Brooker, PhD, FACFEI, DABPS, DABFM, DABFE, CMI-III, ABPP-Cn Brian R. Costello, PhD, FACFEI, DABPS, DABFE Ronna F. Dillon, PhD, DABPS, DABFE, CMI-V, CHS-III Brent Van Dorsten, PhD, FACFEI, DABFE, DABFM, DABPS Douglas P. Gibson, PsyD, MPH, DABPS, CMI-V, CHS-III Mark Goldstein, PhD Thomas L. Hustak, PhD, FACFEI, DABPS, DABFE Richard Lewis Levenson, Jr., PsyD, FACFEI, DABPS, DABFE, CTS, FAAETS Stephen P. McCary, PhD, JD, DABFE, DABFM, DABPS, FACFEI, FAACP, DAPA Helen D. Pratt, PhD, FACFEI, DABPS Douglas H. Ruben, PhD, FACFEI, DABPS, DABFE, DABFM Richard M. Skaff, PsyD, DABPS Zug G. Standing Bear, PhD, FACFEI, DABFE, DABFM Charles R. Stern, PhD, DABPS, DABFE, CMI-V Joseph C. Yeager, PhD, DABFE, DABLEE, DABPS Donna M. Zook, PhD, DABPS, CFC AMERICAN BOARD OF RECORDED EVIDENCE Chair of the Executive Board of Recorded Evidence Advisors: Thomas J. Owen, BA, FACFEI, DABRE, DABFE, CHS-V Committee of the American Board of Recorded Evidence Forensic Audio: Ryan Johnson, BA, DABFE, DABRE Forensic Voice Identification: Ernst F. W. Alexanderson, BA, MBA, FACFEI, DABRE, DABFE Members of the Executive Board of Recorded Evidence Advisors: Eddy B. Brixen, DABFET Charles K. Deak, BS, CPC, DABFE, DABLEE Michael C. McDermott, JD, DABRE, DABFE Jennifer E. Owen, BA, DABRE, DABFE Lonnie L. Smrkovski, BS, DABRE, DABFE AMERICAN BOARD OF FORENSIC SOCIAL WORKERS Chair of the Executive Board of Social Work Advisors: Douglas E. Fountain, PhD, LCSW, DABFE, DABFSW Chair Emeritus: Karen M. Zimmerman, MSW, DABFSW, DABFE Members of the Executive Board of Social Work Advisors: Susan L. Burton, MA, LMSW, MSW, DABFSW, DABFE Judith V. Caprez, MSW, ACS, LSCSW, DABFSW Peter W. Choate, BS, MSW, DABFSW, DABFE Judith Felton Logue, PhD, FACFEI, DABFSW, DABFE, DABFM, DABPS Michael G. Meacham, PhD, LCSW, DCSW, DABFSW, FACFEI Kathleen Monahan, DSW, MSW, CFC, DABFE Susan P. Robbins, PhD, DABFSW, LCSW, DCSW, BCD, LDC Steven J. Sprengelmeyer, MSW, MA, FACFEI, DABFSW, DABFE, LISW AMERICAN BOARD FOR CERTIFICATION IN HOMELAND SECURITY Executive Committee: Chair of the Executive Board for Certification in Homeland Security: John H. Bridges, III, DSc (Hon.) CHS-V, CHMM, CSHM, DABCHS, FACFEI Lt. Colonel Herman C. Statum, United States Army (Ret.), CHS-V, CPP, MS, PI, DABCHS Robert R. Silver, CHS-V, PhD, MS, DABCHS Members of the Executive Board for Certification in Homeland Security: Nick Bacon, CHS-V, DABCHS Thomas Baines, MA, MPA, JD, CHS-V, CFC E. Robert Bertolli, BS, OD, CHS-V, CMI-V, DABCHS, DABFE, FACFEI Paul P. Donahue, CHS-V, MBA, Cr.FA, CMA, CPP, CBM Billy Ray Jackson, ATS, CSC, CHS-V Andrew Jurchenko, Col. U.S. Army (Ret.) CHS-V, DABCHS Robert McAlister, BS, CHS-V, DABCHS Janet M. Schwartz, PhD, CHS-V Edward W. Wallace, CHS-V, Detective 1st Grade (Ret.), MA, SCSA, LPI, BS CFI I & II, CLEI, CTO, CDHSI Eric White, CHS-V, DABCHS, BS

Fall 2008 THE FORENSIC EXAMINER 9

Attention Experts! Teach worldwide, 24/7 Be a part of our organization’s efforts to raise standards and education for thousands of mental health professionals. The American College of Forensic Examiners Institute will provide you with a platform to reach students throughout the world. This is your chance to become a leading educator, to influence countless students to become better

Give back to your profession by helping others learn. Increase your profile as an academic leader. Become an Online Instructor for the American College of Forensic Examiners Institute.

professionals, and to earn extra income while doing it. Teach an entire course or just a module—it’s up to you.

Call Toll Free (800) 423-9737

For more information: Send an e-mail to courses@acfei.com

The ACFEI is accepting course submissions in all areas, including: • Forensic Nursing • Forensic Accounting • Forensic Investigation • Computer Forensics • Forensic Psychology • Crime Scene Investigation

• Forensic Photography • Chain of Evidence • Handwriting Analysis • Criminal Behavioral Profiling • General Forensic Science • All Forensic Specialties! Above, Dr. Marc Rabinoff instructs the online Certified Forensic Consultant (CFC) course.

Law Enforcement

FBI Pairs with Community Citizens Urged to Take Active Roles in Helping Vital Mission of the FBI

By Amber Ennis, Associate Editor

he FBI, with its hard-edged reputation for bringing to justice terrorists, organized criminals, and spies, can seem stern and grim. This longstanding perception has hindered the agency’s ability to relate to, and communicate with, the general public. In an attempt to penetrate this false perception and simultaneously give interested citizens a chance to give back, three FBI-based programs have been introduced and developed — the Citizens’ Academy, the Chaplains’ Program, and InfraGard. These three selective programs aim to give interested individuals the chance to give back. All relatively new, the programs have increased communication between the FBI and citizens, and they have provided a more humanistic image of what really goes on behind the scenes of both investigations and crisis situations. Best of all, the programs promote a better understanding between FBI agents and citizens, ultimately resulting in safer, happier communities.

s The Federal Bureau of Investigation (FBI) had a history of being a closed organization, but that has all changed. The FBI is now reaching out to American citizens to involve them in the mission of pursuing justice in America.

(800) 423-9737

FBI Citizens’ Academy Closely assisting the FBI no longer requires being a special agent. In the past 15 years, opportunities have been given to everyday citizens to become involved with their own local field office. The FBI Citizens’ Academy is one such opportunity. Started in Phoenix, Arizona by then Special Agent in Charge Jim Ahearn in 1993, it began as a strategy to foster better relationships between the FBI and the community (Community Outreach Program, n.d.). Ahearn based the Citizens’ Academy on a similar program run by a local police agency.

Keeping those ideals in mind, the Academy was founded, and it still remains firm on that foundation. Goals of the Citizens’ Academy include building trust and understanding between leaders in the community. As the Academy accomplishes this, the community becomes a better and safer place to live. Today, the Citizens’ Academy aims to teach interested persons firsthand about the FBI in nearly all 56 field offices nationwide. The Academy is available to community leaders who are at least 21 years of age and who live and work within the area covered by the field office. Additionally, an FBI agent or a former graduate of the Citizens’ Academy must nominate each interested party, and the applicant must also undergo a background check in order to gain access to FBI space. The Citizens’ Academy generally meets 8 to 10 times for classes lasting 3 hours each, although the total number of hours logged in the classroom varies slightly between field offices. The curriculum covered during the classes includes practical problems involving evidence collection and preservation, FBI jurisdiction and congressional oversight, structure and observation of FBI field offices, information on fingerprint and forensic services, and many other cutting-edge topics. The special agents in charge of that field office, their senior managers, and senior agent experts instruct each session. In terms of increased knowledge and communication between FBI field offices and the community, it is evident that the Citizens’ Academies are accomplishing what they have set out to do. Special Agent in Charge of the Dallas Field Office, Danny Defenbaugh, “believes that developing partnerships with communities is an effective way to garner positive publicity, especially when the FBI cannot stand up and speak for itself ” (Community Outreach Programs, n.d.). A community-based organization, it is “separate from the FBI, designed to promote a safer community through community service projects and a process of educating business, labor, media, medical, minority, religious, government, senior citizens, and other community leaders about law enforcement, with particular emphasis on the mission, resources, and limitations of the FBI” (FBI National Citizens’ Academy Alumni [FBINCAA], n.d.). Once participants graduate from the Academy, they are encouraged to join the FBI National Citizens’ Academy Alumni Association. The Alumni Association is open to Fall 2008 THE FORENSIC EXAMINER 13

any person who has completed a local Citizens’ Academy, and it aims to keep alumni informed of current issues in the law enforcement arena. Each year, the FBINCAA holds a national meeting for members. Most recently, the meeting was held in Tampa, FL June 17–19, 2008.

FBI Chaplains’ Program Assisting emotionally in times of hardship is a task best left to those experienced in the field of counseling, therapy, or chaplaincy. The FBI Chaplains’ Program seeks to offer comfort to victims as it allows willing citizens with experience in chaplaincy to volunteer to help FBI agents in crisis situations. As part of the Employee Assistance Unit, these volunteer chaplains reach out to victims in shootings, accidents, or natural disasters. The victims range from members of the FBI force to fellow civilians. These volunteer chaplains aim to offer their skills to aid in some of the most traumatic of experiences. Following the destruction at Ground Zero in New York City on September 11th, 2001, the FBI contacted Father Lawrence Murphy, a rector at St. James Episcopal Church in Warrenton, Virginia (Shreve, 2001, p. 1). A volunteer chaplain, Murphy was trained in assisting in crisis situations while in the U.S. Navy. Three days after the attack, he drove to New York to offer help and support to victims, who were “very receptive,” Murphy said of the people he spoke to (Shreve). Tragedies such as September 11th have had an enormous impact on the law enforcement field. Crisis events, once considered small-scale, have proven to be capable of affecting a nation. Providing critical incident counseling and support to law enforcement officers in particular can be traced back to military roots, as officers typically endure similar stress-related problems as that of combat soldiers (Sheehan, Everly, & Langlieb, 2004). Understanding the trauma-related stress of the profession has led to a greater realization of the need for adequate response and action. There are currently more than 100 experienced volunteer chaplains providing pastoral counseling, as well as assisting with family support, grief and bereavement services, and individual or small-group crisis intervention.

s Letter inviting Dr. Robert O’Block to the FBI citizens academy. O’Block, the founder and CEO of the American College of Forensic Examiners International (ACFEI) took part in the FBI Citizens Academy in Quantico, Virginia this year. Several ACFEI members have taken advantage of the FBI Citizens Academy as a way to learn more about law enforcement and the mission of the FBI.

InfraGard

s Dr. O’Block receiving his certficate of completion at the FBI Citizens’ Academy.

14 THE FORENSIC EXAMINER Fall 2008

InfraGard was started in Cleveland in 1996 per a request for local computer professionals to assist in protecting cyber information. The program was further developed into the InfraGard initiative “to expand direct contacts with the private sector infrastructure owners and operators and to share information about cyber intrusions, exploited vulnerabilities, and infrastructure threats” (FBI, 2001). www.acfei.com

Today, InfraGard is a large national alliance between the FBI and several thousand members of the private sector who join together to keep critical infrastructures safe. These partners represent the full sweep of infrastructure experts in local communities: business executives, entrepreneurs, military and government officials, computer security professionals, academia, state and local law enforcement, and any concerned citizens. Members of the InfraGard program have access to four basic services. They are provided “an intrusion alert network using encrypted e-mail; a secure Web site for communication about suspicious activity or intrusions; local chapter activities; and a help desk for questions” (FBI). The most crucial responsibility of InfraGard members involves reporting to FBI field offices when there has been an intrusion. Local FBI offices can then decide if an investigation needs to be initiated. The talking through of security threats and scenarios between InfraGard members and the FBI keeps the lines of communication flowing freely. Additionally, InfraGard has proven itself to be a program that produces results. Members initiated around 95 investigations in 2005 (InfraGard, 2006). “With more than 16,000 members, 84 chapters nationwide, and an almost daily flow of vital information, we think InfraGard is one of the most quietly successful public/private partnerships around,” said the 2006 head of the national InfraGard program for the FBI, Don Good (InfraGard). The ultimate goal of InfraGard is to share vital information and news to track down criminals and terrorists. Membership is open to any U.S. citizen who passes a background check, and there is no charge. InfraGard members belong to a local chapter affiliated with their respective FBI field office. Members are expected to devote their time, effort, and talents to continue to protect the nation and its people, as they become part of the largest volunteer organization devoted to critical infrastructure protection. FBI Director Robert S. Mueller III spoke about the program during an interview at the 2005 InfraGard Conference. During the interview, he explained the partnership the FBI has with InfraGard and how it has grown and matured over the years. Initially pioneered as a means for companies to combat cyber crime, the program has expanded to include the agriculture, chemical, and energy industries in addition to technological threats (Mueller). Members are (800) 423-9737

called upon to provide expertise for the FBI he said, and InfraGard also works with the Department of Homeland Security and the Secret Service to provide information they believe is critical to protecting the nation’s infrastructure. Mueller acknowledges the evolution of InfraGard since its inception in 1996, and he expects that it will grow even larger down the road. The FBI Citizens’ Academy, Chaplains’ Program, and InfraGard provide a unique opportunity for patriotic citizens to contribute to the global law enforcement and intelligence missions that are the responsibility of the FBI. These opportunities also allow the FBI to leverage the diversity of citizen talents that would otherwise be unavailable in accomplishing its varied responsibilities.

s A photo from the Citizens Academy on September 12, 2007

s FBI Director Robert Mueller

Fall 2008 THE FORENSIC EXAMINER 15

Interview with Raymond Croskey and Queenie Wooten Dr. Raymond B. Croskey President, American College of Counselors, Inc. FBI/NYO Citizens’ Academy Alumni Foundation, Class of 2004 Board Certified Professional Counselor, American Psychotherapy Association Adjunct Assistant Professor, Medgar Evers College, CUNY Retired, Regional Health Director, New York City Department of Education Queenie M. Wooten Director, Northeast Region, American College of Counselors, Inc. FBI/NYO Citizens’ Academy Alumni Foundation Board Certified Professional Counselor, American Psychotherapy Association Life Member, Medgar Evers College Alumni Association Life Member, National Association of The Negro Business and Professional Women’s Club, Inc. Retired Administrator (43 years of service), New York City Department of Education

s From left to right: Queenie M. Wooten, Special Agent Timothy Flannelly, Special Agent Red Nucum, and Dr. Raymond B. Croskey.

Interview with Roger Pumphrey With which field office did you participate? FBI/New York Office Citizens’ Academy Alumni Foundation

Can you describe some of the coursework in the Academy? We looked at international and local threats, cyber crimes, and various gang environments. The international threats were the main focus of the FBI’s agenda.

Can you describe your involvement with the Citizens’ Academy? Back on March 26, 2006, myself, as Director of the Northeast Region of the American College of Counselors, Inc. and Ms. Wooten, as Co-Director of ACC, held a Northeast Regional Conference at Emmanuel AME Church in Harlem, New York. The Conference, “Mental Health Post 9/11,” featured guest speakers Charles Williams, Special Agent/ New York FBI; Dr. Richard Gallagher, New York University Center & NYU School of Medicine; and Ms. Dianne Mack, Social Worker for the Catholic Guardian Society and Home Bureau. Reverend Dr. Simon P. Bouie, former Pastor of Emmanuel AME Church, enthusiastically supported the conference. In August, 2007, I (Dr. Croskey) attended our first FBI Citizens’ Academy National Leadership Congress in San Antonio, Texas. Among the many highlights of the conference were chapters from throughout the country participating in the Best Practices Survey, exploring a theme for the 100th anniversary of the FBI in July, 2008, building capacity through offering more continuing education programs for the Citizens’ Academy Alumni, the National Congress Cost Control Plan, and the National Membership Cards Initiative. Mr. Mark Mulcahy, who is associated with the California FBI Citizens’ Academy, provided a well-received Family Safety Training Course for us. It was especially informative interacting with the FBI Community Outreach Specialists from the various field offices. How do you feel the training will facilitate better relationships between the public and the FBI? The well-planned training we received at the Citizens’ Academy goes a long way in preparing us on the purpose of the Academy as we engage the public. The purpose of the Academy is to promote a safer community through community service projects and a process of educating businesspeople, the media, medical professionals, senior citizens, minorities, and religious and other community leaders about law enforcement with particular emphasis on the mission, resources, and limitations of the FBI. The Citizens’ Academy is composed of a diverse group of community leaders dedicated to forging a safer community. Do you have one specific experience or memory that stands out in particular? There are a few recent memorable experiences—Mr. Robert Schnell, Chairperson of our Continuing Education Committee, collaborated with our FBI staff. Special Agent Red Nucum, Timothy Flannelly, Irene Yasso-Cifarelli, and Evelyn Acevedo arranged our first continuing education lecture in March, 2008. NYO FBI photographer Matthew Coleman provided us with a lecture, “Digital Imaging for Surveillance and Documenting Crime Scenes.” Following the informative lecture we toured the photo lab and participated in a hands-on examination of a state-of-the-art printing machine and various high-tech cameras. The other experience also took place in March. Special Agents Timothy Flannelly and Red Nucum were guest speakers at the Northeast Regional Conference of ACC held at Medgar Evers College, City University of New York. They discussed the Citizens’ Academy and Community Outreach. The audience, about 60 college students, was impressed. FBI literature and giveaways were also available to the students. Is the Academy something you would recommend for interested parties? Yes. 16 THE FORENSIC EXAMINER Fall 2008

Did you have opportunities for handson learning? We had a thorough program for the 8 sessions we participated in. There were about 30 of us in the training, and we went through sample crime scenes, fingerprinting, and also practiced with weapons the FBI uses. Would you say the Academy was an overall positive experience? It was absolutely a positive experience. I took away good insights into the workings of the FBI and insights into the positions within the FBI.

References Community outreach program: FBI citizens’ academy. (n.d.) Retrieved January 7, 2008,from http://www.fbi.gov/pressrel/ pressrel01/infragard.htm FBI National Citizens’ Academy Alumni Association. (n.d.). Retrieved April 18, 2008, from http://www.nfbicaa.org/index.html FBI and the national infrastructure protection center publicly introduce the national InfraGard program. (2001, January 5). Press release. Retrieved January 7, 2008, from http://www.fbi. gov/pressrel/pressrel01/infragard.htm InfraGard: Ten years and going strong. (2006, October 4). Retrieved January 8, 2008, from http://www.fbi.gov/page2/ oct2006/infragard100406.htm Mueller, R.S. III. (2005). InfraGard interview at the 2005 InfraGard conference. Retrieved April18, 2008, from http:// www.infragard.net/media/director_flash.php?mn=1&sm=1-1 Sheehan, D. C., Everly, G. S., & Langlieb, A. (2004, September). Current best practices: Coping with major critical incidents. Federal Bureau of Investigation Law Enforcement Bulletin 73(9). Shreve, J. (2001, November). Warrenton FBI chaplain called to New York. Virginia Episcopalian 110(3), p. 1. n

This article does not necessarily represent the views of the FBI. For more information on any of these three organizations, please contact your local field office or visit the FBI Web site at www.fbi.gov. www.acfei.com

Case Study

Do You Speak Body Language? Mastering the Art of Nonverbal Communication Key in Interrogations

By Jan Hargrave

ost individuals focus only on the verbal part of an encounter; yet, during an average 30-minute meeting, approximately 800 different nonverbal messages are exchanged. Some interrogators make decisions based only on the tone of the speaker’s voice, and some take literally each spoken word. Obviously, these are all necessary areas of interest, but further investigations need to be made to get the full meaning of the message. In the past, people who were aware of the importance of body language focused primarily on the voice and on facial expressions, but those are only part of the picture. The entire body—posture, gait, eye movements, gestures, feet, legs, torso, arms, hands, head, facial expressions, and mannerisms— needs to be analyzed to get the true meaning of a message. These subtle messages that are conveyed without words reveal a person’s true emotions.

s People use much more than words to communicate. Often subtle body language can communicate more than words to convey what a person is really saying.

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The more instances in which leading newspapers, magazines, or television shows ask me to comment on an individual’s body language, the more committed I become in my belief about the endless amount of information that one can gather from watching another person. Politicians, Hollywood actors, and the regular guy in the street are all vying to find out what their bodies are communicating to the world around them. During Bill Clinton’s televised deposition, it was not unusual for the New York Post to contact me several times a week

for my take on his body language. They asked, “Is he hiding something? What does it mean when he bites his lower lip? What about when he crooks his eyebrow? And that finger point, what does it say about him?” Lately it seems that almost all inquiries concern the politicians competing for nomination. “Why does Senator John McCain constantly play with his wedding band? Is Senator Hillary Clinton’s smile genuine? Standing with her arms straight down on her sides, what does that mean? Why does Senator Barack Obama place his left hand in his trouser pocket when he says ‘Once I become President of the United States’? Why does Governor Mike Huckabee constantly unbutton and tug at his jacket?” “Is Roger Clemens telling the truth? Do Katie Holmes and Tom Cruise have a sincere relationship? Who killed Jon Benet Ramsey? Did O.J. do it?” Questions, questions, questions; all can be explained and answered through the careful study and forensic analysis of nonverbal communication.

History of Body Language Since man’s appearance on earth, he has communicated with body language. Babies easily “speak” to their parents through nonverbal communication. Even though parents sometimes accept the child’s message incorrectly, it is still a form of early communication. Body language is a key to the inner psychological and emotional state of an individual. Not surprisingly, research indicates that the human body can produce more than 7 million unique movements. As far as the technical study of nonverbal communication goes, perhaps the most influential pretwentieth-century work was that of Charles Darwin in 1872. His research generated the modern studies of facial expressions and body language. Current researchers around the globe have since validated Darwin’s findings and observations. Dr. Albert Mehrabian, a noted researcher in the field of nonverbal communication, found that the total impact of a message is about 7 percent verbal (words only), 38 percent vocal (including tone of voice, inflection, and other sounds), and a mammoth 55 percent nonverbal. Professor Ray Birdwhistell made similar conclusions as to the amount of nonverbal communication that takes place among humans. Fall 2008 THE FORENSIC EXAMINER 17

CHARLIE CHAPLIN

Body language played a leading role during the silent film era early in the twentieth century. Silent film comedians such as Charlie Chaplin and Buster Keaton were able to keep audiences in stitches based on their exaggerated body language antics. “I remain just one thing, and one thing only, and that is a clown. It places me on a far higher plane than any politician.” —Charlie Chaplin

He estimated that the average person actually speaks words for a total of 10 or 11 minutes a day and that the standard sentence takes only about 2.5 seconds. Like Mehrabian, he found that the verbal component of a face-to-face conversation is less than 35 percent and that more than 65 percent of communication occurs nonverbally. Researchers in the field of body language generally agree that individuals use the verbal channel primarily for conveying information, while the nonverbal channel negotiates interpersonal attitudes and, in some cases, substitutes for verbal messages. Regardless of culture, words and movements occur together with such predictability that Birdwhistell concluded that a well-trained interrogator should be able to tell what movement a person is making by simply listening to his voice. Charlie Chaplin and many other silent movie actors, also pioneers of nonverbal communication skills, used this means to entertain and amuse many of us on the screen. Audiences classified each actor as good or bad depending upon the extent to which he could use gestures and other body signals to connect effectively. In 1970, Julius Fast published a summary of all nonverbal communication research done by behavioral scientists. His noted research is regarded as the catalyst for influencing people of the existence and importance of body language.

to display confidence in myself? How does the other person see me? How can I avoid communicating nervous or negative nonverbal signals?” Constructive criticism from peers and videotaping yourself will show you how you look and act when your mind is concentrating on what you are saying. Once you understand your own nonverbal behavior, and how you use it to interact with clients, you are more aware of your impact on others. Management of Self and Others: Once absorption of nonverbal skill in self management and people management is reached, one can apply the universal change process. Nonawareness, awareness, internalizing, and integration are the four behavioral concepts involved to reach this stage. When interpreting nonverbal signals becomes second nature, one has fully incorporated the concept of people reading. Awareness and examination of another person can give one the ability to perform the following:

Three Steps to Increased Nonverbal Reading Power

Body language means communicating with the movement or position of the human body. It can be conscious or unconscious. Using nonverbal communication, a person is visually revealing when he is unsure, needs additional information, wants a chance to ask questions, or has strong objections. Your own nonverbal responses can reveal if you are anxious or bored. If a client asks a question and you feel hesitant about how to answer, your body will be the messenger of your uncertainty. The moment you meet a prospective client, he judges you by what he sees and feels. The process takes less than 10 seconds, but the impression is permanent. Whether you make a positive impression or not can literally depend on the silent signals that you send during this first contact. Being friendly but assertive, reassuring, and understanding, both verbally and nonverbally, allows you to exercise all 100 percent of your communication’s impact.

Reading an individual’s body language is not the only goal in mastering nonverbal communication. Understanding your own body language is of the utmost importance. Expertise in this area is usually gained, in phases, with time and practice. As far back as 1985, Gerhard Gschwandtner informed the world of the three stages of awareness and skill that are necessary before one becomes competent in nonverbal communication. Awareness of the Other Person: This stage involves learning the five major nonverbal communication channels (body angle, face, arms, hands, and legs) and interpreting the listener’s nonverbal signals. It is a quick method for scanning a client for clusters of gestures. Instead of looking for specific movements or postures that indicate that the client is bored, defensive, or angry, a group of gestures from the five channels needs to be analyzed. These groups of gestures can indicate whether a person is open and receptive or whether there are obstacles to the interrogation strategy that warn the questioner to exercise caution. These gesture clusters can alert the negotiator to stop and redirect his approach entirely. Awareness of Self: Your own nonverbal movements and expressions can make or break an encounter. Ask yourself, “How can I communicate

18 THE FORENSIC EXAMINER Fall 2008

• Detect negative nonverbal signals early in the negotiation • Respond faster and more accurately to the other person’s nonverbal signals • Increase your ability in managing your own nonverbal expressions • Intensify your skill to combine verbal and nonverbal skills

Inborn, Genetic, or Learned Research and debate has been conducted to discover whether nonverbal signals are inborn, learned, genetically transferred, or acquired in some other way. Confirmation collected from observation of blind and/or deaf people who could not have learned nonverbal signals through the auditory or visual channels has occurred. Scrutinizing the geswww.acfei.com

tures and behavior of different cultures around the world has also aided in the findings. Discoveries in this research indicate that some gestures fall into each category. For example, most children are born with the instantaneous ability to suck, indicating that this gesture is either inborn or genetic. The smiling gestures of children born deaf and/or blind occur independently of learning or copying, meaning that these gestures also must be inborn. Additionally, when researchers studied the facial expressions of people from five widely different cultures, they found that each culture used the same basic facial gestures to show emotion. This research also led to the conclusion that these gestures must be inborn. Concerning inborn gestures, when crossing your arms on your chest, do you cross left over right or right over left? Most people are uncertain about which way they do this until they try it. If one way feels comfortable, the other feels completely wrong. Confirmation suggests that this may be a genetic gesture that cannot be changed. We can conclude that much of our basic nonverbal behavior is learned and the meaning of many movements and gestures is culturally determined. Most basic communication gestures are the same all over the world. When people are happy they smile; when they are sad or angry, they frown or grimace. Nodding the head is almost universally used to indicate “yes” or affirmation. It appears to be a form of head lowering and is probably an inborn gesture, as deaf and blind people also use it. Shaking the head from side to side to indicate “no” is also universal and may well be a gesture that is learned in infancy. The young child who has had enough to eat shakes his head from side to side to stop his parent’s attempt to spoon feed him, and in this way he quickly learns to use the side-to-side head shaking gesture to show disagreement or a negative attitude.

Gesture Clusters and Similarities The most serious mistake a novice in body language can make is to interpret a solitary gesture in isolation from other gestures or other circumstances. Similar to any other language, body language consists of words, sentences, and punctuation. Each gesture is similar to a single word, and a word may have several different meanings. It is only when a word exists in a sentence with other words that an individual can fully understand its significance. Gestures come in sentences and invariably tell the truth about a person’s feelings or attitudes. A “perceptive” person is one who can read the nonverbal sentences and accurately match them against the person’s verbal sentences. Incongruence of gestures occurs when an audience observes a speaker standing behind a lectern with his arms tightly folded across his chest (defensive) and chin down (critical and hostile), (800) 423-9737

Body Language Quiz

Answer true or false to the following questions to determine your level of fluency in interpreting body language.

1. Your friend has her hands on her hips. She is feeling aggressive. 2. Offering part of your seating bench to a new friend indicates that she is welcome to join you.

3. Mirroring your colleague’s movements and laughing when he does shows him that the two of you possess a good connection.

4. When interpreting body language, a person should immediately form a conclusion after he observes one gesture.

5. The person who constantly darts his eyes around the room is looking for an escape route.

6. Slightly touching a colleague’s forearm lets him know that you are engaged in his story.

7. A client who runs his hand through his hair is implying that he is confident and is anxious to make a good impression.

8. Crossing your leg towards your client indicates that you want to include him in your conversation.

9. A negotiating partner who clasps his hands and holds them behind his head is conveying that he is in agreement with what he hears.

10. A slow walker appears more confident than a hurried walker.

Answers 1-T, 2-T, 3-T, 4-F, 5-T, 6-T, 7-F, 8-T, 9-F, 10-T

while telling them how receptive and open he is to their ideas. Or, a speaker may attempt to convince the audience of his warm, compassionate approach while running his hands through his hair or tugging at his left ear. Sigmund Freud noted that while a patient was verbally expressing happiness with her marriage, she was unconsciously slipping her wedding ring on and off her finger. Freud was aware of the significance of the incongruence of gestures with her words and was not surprised when marriage problems began to surface. Fall 2008 THE FORENSIC EXAMINER 19

Observations of gesture clusters and congruence of the verbal and nonverbal channels are the keys to accurate interpretation of body language. In addition to looking for gesture clusters and congruence of speech and body movements, all gestures should be considered in the context in which they occur. If, for example, someone is sitting at a bus stop on a chilly winter day with his arms and his legs tightly crossed and with his chin down, it would most likely mean that he is cold, not defensive. If, however, a person uses these same gestures while seated in a negotiation, it could be correctly interpreted as meaning that the person is negative or defensive about the situation.

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Phony Body Language Since the goal in criminal investigation is to get to the heart of the matter, a commonly asked question is, “Is it possible to forge your own body language?” The general answer to this question is “no” because of the lack of congruence that is likely to occur in the use of the main gestures, the body’s micro signals, and the spoken words. For example, direct eye contact is associated with honesty, but when the faker tells a lie, his micro gestures give him away. His pupils may contract, his nostrils might widen, or the corner of his mouth could twitch. These micro signals contradict the direct eye contact and the sincere smile resulting in the receiver tending not to believe what he is hearing. Thankfully, the human mind seems to possess a fail-safe mechanism; a gut feeling informs the listener that he has just received a series of incongruent messages. We use the face more often than any other part of the body to cover up lies. We use smiles, ear pulls, eye pulls, nose touches, and winks in an attempt to cover up and distract the listener. It is difficult to fake body language for a long period of time. The complication with lying is that our subconscious mind acts automatically and independently of our verbal lie, so our body language gives us away. The term describing this occurrence is “leakage.” Because it is difficult to fake sincere body language for a long period of time, the body eventually leaks

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20 THE FORENSIC EXAMINER Fall 2008

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out its true feelings and emotions. Therefore, people who rarely tell lies are easily caught, regardless of how convincing they may sound. The moment a person begins to lie, his body sends out negative micro signals. These signals give us our feeling that the person is not telling the truth. During the lie, the subconscious mind sends out nervous energy that appears as a gesture that can contradict what the person has just said. People whose jobs involve lying, specifically actors and poker players, have refined their body gestures to the point where it is difficult to see their lies. Thus, onlookers believe their stories. To deter us from spotting their lies, actors refine their gestures in one of two ways. First, they practice what “feels” like the right gestures when they tell the lie. This is only successful when they have practiced telling the lie numerous times over long periods of time. Second, as difficult as it is to do, some liars (poker players) eliminate almost all of their gestures while they are relaying the lie or posing the bluff. Psychologists have long known that some deception is a normal, healthy part of human behavior, often starting in children as young as 5 or 6. In adulthood, most people lie routinely, usually harmlessly, throughout the day. Robert Feldman, a psychologist at the University of Massachusetts at Amherst, reveals that the average fib rate is three

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Fall 2008 THE FORENSIC EXAMINER 21

in full view of the questioner. With everything out in the open, the suspect’s lies are much easier to see. Sitting behind a desk where the body is partially hidden helps to “cover up” secreted information. The easiest way to lie is through text messages, over the telephone, or on the Internet.

Signals, Cues, and Symbols

Micro Gestures cular facial mus g twitchin

expansion an contraction of pud pils sweating at the brow

f flushing o s k e e the ch

for every 10 minutes of conversation. Even when a liar consciously suppresses major body gestures, he still will transmit numerous micro expressions. These micro gestures include facial muscular twitching, expansion and contraction of pupils, sweating at the brow, flushing of the cheeks, increased rate of eye blinking, and numerous other microscopic gestures that signal deceit and occur within a split second. They are difficult to spot, and usually only trained professional negotiators see them. Results show that the most successful interviewers are those who have developed the automatic ability to read the micro gestures during their face-to-face encounters with other people. To be able to lie successfully, a person almost has to have his body hidden or out of sight. Police interrogation involves placing the suspect on a chair in the open or placing him under lights with his body

Most people have felt the need to warn companions at a party that a dreaded character has just entered the room and is heading their way. In such a situation, the informer does not simply point or shout; he raises his eyebrows at his companions, jerks his head a bit in the direction of the dreaded person, and purses his lips to warn his conversation partner to be quiet. These signals, actions without words, are movements a person uses to communicate needs, desires, and feelings. Signals are a form of expressive communication. A cue is a type of receptive communication used to let someone know what is expected of him. An adult might gently pull a child’s arm upward by holding his wrist to cue the child to lift his arm during a dressing routine. A gentleman holds a woman’s coat open to cue her that he is willing to help her put it on. A negotiator lets others know of his desire to speak by nodding his head three times. Symbols are representative of an event, action, object, person, or place. Symbols are useful for both receptive and expressive communication. The American flag is a symbol that communicates freedom, integrity, and the spirit of a nation. A Rolls Royce automobile symbolizes an object that is quite expensive.

Do You Speak Body Language? Most people are already fluent in the dialect of body language because the subconscious mind is already an expert. Training to look for more nonverbal messages involves trusting your intuition to make your impressions more accurate. A thorough understanding of body language allows an individual to be able to modify his own reactions and thus improve his negotiating skills. n

About the Author

increased r at eye blinkine of g

numerous other subtle gestures 22 THE FORENSIC EXAMINER Fall 2008

Jan Hargrave has a Bachelor’s Degree, a Master’s Degree, and an Education Specialists’ Degree from the University of Lafayette. She is an active member of the American College of Forensic Examiners Institute (ACFEI). She is an expert in nonverbal communication and will be giving a seminar on the use of body language at the National Conference in September. She will cover eight basic categories encountered in everyday life. Hargrave has appeared in such venues as The Montel Williams Show, Fox News, The Learning Channel, and E-Entertainment Television, just to name a few.

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Case Study

Life Whisperer, CFC Formidable Woman Psychologist Offers Powerful Lessons on Life

By Darrell Barr, CFC

he role of a forensic expert includes functioning objectively in the complex world of criminal or civil litigation. Learning trial procedure and the rules of evidence are central to the ACFEI’s Certified Forensic Consultant (CFC) program. As a new CFC designate, the author of this article writes of the richness added to his CFC experience by meeting a formidable lady psychologist in the class: Dr. Julia Mayo-Johnston, 81-year-old CFC and life whisperer.

s Dr. Julia Mayo-Johnston has 81 years of life experience to draw on, but you would never suspect that by looking at her photograph.

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When I attended the ACFEI’s Certified Forensic Consultant (CFC) course in Dallas last June, there were slim odds that my life perspective would forever change based on who I sat beside for those two days. I hadn’t even considered the possibility until I discovered more about the quiet (but loud), frail (but strong), and shy (but feisty) lady I found sitting to my left against the wall in the front row. Her name is Dr. Julia Mayo-Johnston. She is a woman of profound contrasts with whom few could have the slightest conversation without being deeply challenged. She describes herself as “an introvert that people mistake for an extrovert” and a “mole, or doubleagent, constantly crossing between two worlds” to accomplish her purpose. She is 81 years old and going strong with her newly acquired CFC designation!

24 THE FORENSIC EXAMINER Fall 2008

We hardly spoke for the first day of class as we savored the excellent teaching by Dr. Marc Rabinoff. I poured water for her several times because I couldn’t imagine her lifting the heavy pitcher of ice water by herself. At age 52 myself, I guessed she was somewhat older than me, but I couldn’t figure by how much. Her African-American skin was smooth, and she had long, straight, black hair. She carried a cane. I didn’t pay her much attention until I overheard her telling our instructor during break that she was a practicing psychologist at age 81! Soon I was asking her questions and realized I’d be writing something about her. She took exception, however, with my view that this is an article about her. She claims it is more about me and those of you reading this now. Perhaps. She also took exception with my first and last interview questions, which, curiously, were about pinning down the start of her career and her retirement. These are not surprising responses at all once you get inside this unique woman’s head. She will not talk about a beginning to her counseling career because it is what she has always done in some manner before she knew a label for it. She will not answer a question about retirement because she believes the word should never be used. She says, “I believe I should be productive until the day I die.” Raised in Philadelphia, Julie (as she often refers to herself ) spent much of her childhood observing animals and comparing their behaviors and relationships to humans. During a recent phone interview, she told me, “As a child I always wanted to be Dr. Doolittle. Animals have a purpose and a function. Many human beings are predators for the wrong reason and do bad things. Everything about life and people you can find out from animals. I wanted to be Dr. Doolittle and talk to the animals. And in that, by observing the difference between people and animals, is how I became interested in social psychology … in learning about how people can co-exist. I was born with a curiosity about how animals can co-exist so well and people cannot.” That is the first pair of worlds that Julie learned to cross between as a problem-solving mole. Her second pair became the racially divided worlds she grew up in. “I was a black woman living in Wilmington, Delaware in the 1950s. I’ve been black all my life,” she says with a chuckle. “But I was married to a white man. Blue eyes, blonde www.acfei.com

hair. He also trained as a psychologist under the GI Bill. I have two Jewish grandchildren and one Catholic grandchild. We were moles for each other, and I observed and learned. I learned how power works good and bad. My husband is a Republican and I’m a Democrat. He brought home to me the stories about how it worked in his company to let the first black person into management. There were movies that we couldn’t both go and see together, so we would each go to what we could and share about it with the other. We were honest and didn’t let things bother us, and we helped each other understand and get by.” Julie earned her Ph.D in Clinical Social Work from the University of Pennsylvania in 1958. After receiving her bachelor’s degree from the same institution in 1947, she earned her M.S. in Social Research from Bryn Mawr College in 1949. She

one. Finding the sins of commission and omission and being different enough to counter them.” She advises, “You can stay professionally clean by sticking with the facts, the truth, and not letting yourself make mistakes. Concentrate on being fair and objective. It’s all about what is right and fair!” When asked about her forensic experience, Julie draws from many stories of expert testimony provided in criminal cases against child abuse offenders and civil cases supporting the rights of damaged clients. Why, then, is she seeking a CFC designation at this point of her longstanding career? “Because you need the credentials today to show that you’ve earned the right to be there,” she says emphatically. “You can know how to drive a car, but you’ll have many problems if you don’t have a driver’s license. We all need the right credentials in the forensic profession. That’s what the CFC course gave me.”

“The solution to life is observing where people have problems and then helping them solve those problems. Everyone comes to a point in life where they have the chance to figure out why they’ve been doing what they’ve been doing and discover what they were meant to be doing.” has been involved with clinical work since World War II and has counseled across three generations of some of her clients’ families, many of whom are biracial, bicultural, and bipolar! Today, when not in court offering expert testimony, she provides certified life coaching services, including help for burned-out executives and retirees in need of new purpose and direction. “The solution to life is observing where people have problems and then helping them solve those problems. Everyone comes to a point in life where they have the chance to figure out why they’ve been doing what they’ve been doing and discover what they were meant to be doing. That’s what counseling is. Helping people connect with their biological imperative,” she points out as she postures to challenge the classical religious framework of the seven cardinal sins. “Many people think there are seven sins. But there are not seven sins in the world, there are only two: the sin of commission and the sin of omission. Commission is a sin of misinformation or telling people the wrong thing. The sin of omission is that of failing to tell them what they need to know. This has become a thread throughout my life.” It is one that clearly leads to her views on forensic authenticity. “How did I survive to be 80 years old?” she asked me rhetorically. “I have concentrated on the facts and the rules. My job is not about me. It’s about the facts and the rules and getting in touch with what is being said that needs to be corrected, or what isn’t being said that needs to be told to some(800) 423-9737

Dr. Rabinoff, CFC course author and instructor, writes, “The complexities of today’s legal system demand that attorneys seek out forensic experts as part of the research process,” and the goal in achieving this ACFEI designation is to master the key elements of the litigation process in order to team with an attorney to successfully argue a civil or criminal case (Rabinoff & Holmes, 1996). Julie reminded me during the interview of the unique illustration used by Dr. Rabinoff to get the class thinking about accuracy and the truth. Many times the obvious is settled for and the hard-to-find nuances are overlooked. Her challenge to each of us is to look for the hard-to-find truth and bring it forward to make our case and authentically serve our clients. But her challenge goes beyond that. Her challenge to me, and to you reading this now, is to figure out why you are different and capitalize on it. “The important questions are who, what, when, where, and why? Why comes last.” She suggests it takes many of us well past age 40 to add the answers to “why” on top of the “who, what, when, and where.” But when we do, her supreme challenge is to make it a life message by not only observing it and doing it—whatever “it” is for each of us—but also teaching it. She preaches again and again, “See one, do one, teach one. Pass the baton.” With a career spanning a full half century, Julie talks of cyclical patterns in the world and troubling trends that are in front of us today. “Kids don’t know how to do anything without the computer anymore. Conversation has been reduced to phone text abbreviations. We’ve lost the art of doing things by hand Fall 2008 THE FORENSIC EXAMINER 25

The CFC course online alternative Dr. Marc Rabinoff has drawn widespread acclaim for his fiery lectures as part of the Certified Forensic Consultant (CFC) course, which has been offered at ACFEI meetings for several years. An advantage of attending the ACFEI national meeting and taking the live course taught by Rabinoff is the chance to meet fellow students and make professional connections that will last a lifetime. There is now an alternative way to view Rabinoff’s lectures without leaving the comfort of your own home or office. The CFC course is now available online, featuring hours of video lectures covering the same information presented in the classic live course. The timed examination can be taken online, without the need to go to a proctoring facility. You can find out more about the online course by going to www.acfei.com/ about_forensics/cfc.php. You can talk to a member services representative by calling 1-800-423-9737.

… fresh every day … chopping wood … hauling water. We’ve lost the art of the handwritten note.” Since meeting Julie, I’ve received two handwritten notes from her in the U.S. mail (and, yes, some emails, too!). But I have at least once avoided e-mail to write a handwritten note back to her as well. In the novel The Horse Whisperer, the character Tom Booker was regarded as having a voice that would calm horses and a touch that could heal broken spirits. He proved to have this ability with animals and humans (Evans, 2005). The real-life horse whisperer, Monty Roberts, developed the art of listening to horses in order to affect change in them and the humans around him (Roberts, 1999). The National Geographic Channel’s star of Dog Whisperer, Cesar Millan, has a reputation for achieving balance between people and dogs. If you’ve seen even one episode of his show, you realize that his impact on canine behavior comes chiefly through his insightful influence on the behavior and beliefs of human dog owners (Millan, 2007). Each of these “whisperers” are really just moles that have learned to cross between two contrasting worlds. This intriguing lady, Julia Mayo-Johnston, has many telltale designations after her name. s Ghandi But her boldest designation is my own extension of her new ACFEI certification: Life Whisperer, CFC, as she strongly moves forward in her 80s! Ghandi (1948) said, “Live as if you were to die tomorrow. Learn as if you were to live forever.” May each of us take this baton she passes us and run well, not only as forensic professionals, but also in life, knowing our contrasts and staking our claims between conflicting worlds. I will no longer question the merits of doing graduate work in my 50s. I will keep on learning and keep on working authentically, being true to myself and true to my professional responsibilities.

So this is, after all, a short story about me, which I am passing on to each reader of The Forensic Examiner. It is about how and why we approach our profession as we do. It is about how we approach life and what we will be doing until we no longer have the chance. It is about our commissions and our omissions. It is about functioning vigorously and authentically for as many days as we have to give! See one, do one, teach one. Take the baton and run.

References

Evans, N. (1995). The Horse Whisperer. New York: Dell. Ghandi, M. (1948). Mohandus Ghandi Quotes. BrainyQuote. Retrieved July 27, 2007, from http://www.brainyquote.com/ quotes/authors/m/mohandas_gandhi. html Millan, C. (2007). Cesar Millan: Achieving balance between people and dogs. Retrieved August 24, 2007, from http://www. cesarmillaninc.com/dogwhisperer/aboutshow.php Rabinoff, M.A., and Holmes, S.P. (1996). The forensic expert’s guide to litigation: The anatomy of a lawsuit. Danvers, MA: LRP Publications. Roberts, M. (1999). The man who listens to horses. New York: First Ballantine Books.

More About Dr. Julia Mayo-Johnston Julie can be reached via e-mail at jmayophd@aol.com, but for those of you willing to help restore the art of the handwritten note, you may write her at her office address of 205 West End Avenue, 24J, New York, NY 10023. Much online information can be found about her practice, starting with her Psychology Today listing at http://cms.psychologytoday.com/ rms/prof_detail.php?profid=39007&city=Hoboke n&county=Hudson&state=New+Jersey. n

About the Author

26 THE FORENSIC EXAMINER Fall 2008

Darrell Barr, CFC, lives in Winston-Salem, North Carolina, and works as a software consultant and trainer while he completes work on a master’s degree in forensic psychology. He is originally from Pennsylvania and finished his undergraduate work in communications at Penn State. His chief forensic interests are in victimology and criminal profiling. He is regularly involved in Crisis Intervention Team training for law enforcement and other first-responders in his local and state community. Darrell can be reached via e-mail at dlbarr1954@yahoo.com.

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Case Study

Payment Pitfalls Endured by the Expert Who Will be Paid for Services

By Jess E. Dines, BSEE, FACFEI, DABFE

xperts are paid for their services in one of two ways: those who are paid in advance and those who are paid within or around 30 days after the service is completed. Consider the second way. Most attorneys and their clients are honest and will pay if the charges are reasonable. However, some will try to take advantage of the expert’s trust. In addition, even honest attorneys make honest mistakes, such as incorrectly billing clients, which ultimately results in experts’ being short-changed.

s Among the least enjoyable duties of an expert witness is to bill clients and to collect on outstanding debts. There are some steps that experts can take in order to make collection easier.

Collecting money due for work done and expenses incurred should be a high priority. Diplomacy definitely works here. An expert can easily lose a client’s future work by being too demanding or strict, and sometimes the expert may need to settle for a slow payment. An expert needs to be paid a retainer immediately upon accepting a case regardless of how he or she will be paid. In any case, experts should not let multiple small invoices accumulate because they may add up to a large amount of money, decreasing the probability of full payment. Billing for expenses on a weekly or even daily basis makes it easier for the client-attorney to pay on time. It might also be wise to suspend work done until past due pay-

28 THE FORENSIC EXAMINER Fall 2008

ments are current. Requests should be made using certified mail with a return receipt. Fed-Ex, UPS, or Registered Mail will all provide proof of delivery. Faxing or mailing an invoice is a good alternative as long as you maintain a printed record showing the date (and fax number) for each transmission. Tactful reminder letters are also advised. They should be sent out on a regular basis. If your fee schedule indicates interest accrued due for an unpaid bill, add these letters to your invoice. Generally, good clients consist of those in lending institutions and large, reputable insurance, business, and real estate firms. You should always get paid when working with a Federal, State, County, or City agency such as the District Attorney, Public Defender, or Legal Aid Society. Presiding judges and attorneys designated by a government agency also fit into this category. Ordinarily, such agencies will not give you a retainer; instead, a “Letter of Intent” is given. It might be constructed as follows: “Please examine copies of the business checks purportedly signed, as maker, by our client without authorization. I am initially requesting document examination and your verbal opinion and have authorized $500 for that service, a 2-hour minimum at $250 an hour. “If needed, a full written report may later be requested from you for the additional payment of $700 to $900 net, after credit for the initial $500 is paid. “Also, if needed, your fee for testimony in court is $1,000 for up to a half day, plus an additional $300 for travel and expenses. Please sign and return a copy of this letter before commencing your work.” To expedite payment from a government agency, request an IRS W-9 form to list your Federal I.D. or social security number. Sometimes this can be done via telephone. Some agencies require that you first become an approved vendor. In this case, you must fill out a form (this can be done directly through the Internet). It is a good idea to find out who handles the accounts payable and make periodic contact with this person at least every 30 days. www.acfei.com

Advance Payment The most suggested payment method is payment in advance, which is the only way to ensure that you will be paid for expert work. Your client-attorney or client may balk at this, especially if you have never worked for him before. In this case, you need to convince the client that he will receive reputable work. You can give references or testimonials, which can be listed on your Web site. Your client-attorney may want his client to pay you directly. Although this is not unusual, it can be dangerous because there is a possibility that you may not be paid at all. Be especially wary of non-attorney clients who retain you directly and pay by cash or a cashier’s check but have no checking account. You are always free to decline an engagement of course, but if you do accept one in which the attorney’s client is responsible for paying you, check the client’s credit and his ability to pay. Collect as much as you can in fees and anticipated expenses up-front. It is always easier to write a check to refund money left over than it is to collect from a recalcitrant client. Also, be wary in the case that your clientattorney wants to pay you only after his client first pays him. This is understandable— after all, attorneys are not banks—but it is not acceptable. The best way to avoid this is to insist on a sizable advance payment, one that will cover all the time you expect to spend on the case as well as the anticipated expenses. In any event, your letter of agreement should include a statement to the effect that “the client-attorney is solely responsible for payment of all invoices.” If your attorney is out of town and you expect to incur reimbursable expenses, payment should be received in advance (and also be specifically stated in your letter of agreement that the refund is due regardless of the outcome of the case). If your case is taken over by another attorney, make sure all past due fees are cleared up before starting work with your new client-attorney, and explain to the new counsel your method of fee collection. Beware also of attorneys who represent people involved in illegal drugs, especially those who have only a post office number as an address. If a written report is involved, you can ensure receiving your money by withholding a portion of your report, such as charts or diagrams, showing that you have put in pertinent significant time doing it. This will also provide a “comfort zone” for your client so he knows you do reputable (800) 423-9737

work and he will not receive secondhand material. You can also include references of your past clients. After being paid, the expert should send the report promptly to the client. When feasible, suggest that the client pick up the report in order to explain its contents and be seen for its merits before receiving payment. The following are some additional suggestions: • Make a copy of all checks received for your files. Besides having a record of payment received, it also serves to give you the bank and account number if a collection action is necessary. • Be wary of accepting a last-minute call to produce a report and/or testifying. Because you will have very little time to review the case, you are prone to making mistakes in the analysis. Also, there will be no time to determine the validity of an advance payment check. • Be wary when you are offered a lower payment amount than what you requested. When at the courthouse, the client hopes that you will accept the reduced payment because you are already there. Worse yet, you may not even receive a check.

Non-Payment or “Insufficient Funds” or “Stop Payment” Checks It is likely that sooner or later the expert will experience one or several of these events. There are several recourses that you can take. The best is to work with your client in a diplomatic and amicable way to resolve the issue. Consider a reasonable negotiation. In the case of bogus checks, contact the district attorney. In some states, bad checks are treat-

ed as a felony. A “bad check complaint” form is available and must be submitted with copies of all pertinent documents. The chances are good that your client will soon replace this with a cashier’s check or postal order. For non-payment or other invalidated checks, you should file a claim with the Small Claims court, although you will be limited by an amount. A hearing date will be set. The most important fact in winning your case is the validity of the evidence you supply, such as bank notices, cancelled checks, related letters, and other correspondence. Devise a simple one- or two-sentence answer to explain why the defendant owes you money. If your client is an attorney, you can contact the American Bar Association (ABA) and ask how the ABA can help you collect the money. Attorneys do not want such a negative mark on their record. Finally, you can employ a collection agency. If you do, make sure it’s reputable and licensed. They normally work on the percentage of the money collected. It is possible that the agency may pocket all or most of the money collected and never contact you. n

About the Author Jess E. Dines, FACFEI, DABFE, is the author of Expert Witness Manual and Document Examiner Textbook. He holds a BS in electronic engineering. He is a member of FEWA, ACFEI, and NADE. Dines has been qualified as an expert witness over 100 times and retained over 1,000 times in civic, criminal, and federal cases.

Fall 2008 THE FORENSIC EXAMINER 29

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Attention Forensic Educators The Commission on Forensic Education

To join the commission, apply online at www.acfei.com/pcfe.php or call Anna at (800) 423-9737 32 THE FORENSIC EXAMINER Fall 2008

The Commission on Forensic Education, developed by The American College of Forensic Examiners, emphasizes the importance of forensic science programs in education and is committed to their expansion. The Commission offers guidance on instruction, provides help to those who teach or study forensic science, and reviews professional certification programs. The Commission is an effective and essential network that helps educators and students stay informed of the latest innovations, breakthroughs, and important research in the field. Commissioner membership is open to college and university administrators and full time, part-time, and adjunct professors; Associate Commissioner membership is open to high school science teachers. The Commission helps educators advance the field and inspire future forensic professionals through providing supportive services: • Helping educators network with fellow teaching professionals and top experts in the field. • Teaching potential students about the importance and the benefits of studying forensic science. • Giving members a highly visible forum to publish and distribute their research. • Helping members stay current in a constantly evolving field by providing quality continuing education. • Providing certification programs that recognize achievement.

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Fall 2008 THE FORENSIC EXAMINER 33

Books by ACFEI Members

The Definitive Book of Handwriting Analysis By Marc Seifer

s The Definitive Book of Handwriting Analysis, by Marc Seifer

s Legal Ease, by Andrea Campbell and Ralph C. Ohm

s The Budapest Connection, by Dr. Henry C. Lee and Jerry Labriola

s Energy and Momentum in Accident Reconstruction, by Peter H. Rast

One of America’s leading handwriting experts has stepped forward to write an exhaustive review of the science of handwriting analysis. Marc Seifer’s newest book, scheduled for release in November 2008, is The Definitive Book of Handwriting Analysis: The Complete Guide to Interpreting Personalities, Detecting Forgeries, and Revealing Brain Activity Through the Science of Graphology. Handwriting analysis is the study of handwriting to reveal the underlying psychology characteristics of the writer. Seifer has been a handwriting expert for more than 35 years, and he is a past editor in chief of the Journal of the American Society of Professional Graphologists. The Definitive Book of Handwriting Analysis is written in a step-by-step fashion, beginning with the history of handwriting analysis. It teaches how to analyze any handwriting, starting with objective factors that include organization, speed, size, shape, slant, and symbolic features. Combining an analysis of these elements produces a full personality profile. The book, weighing in at 336 pages, includes more than 100 handwriting samples, including those from Paul Newman, Bill Clinton, Marlon Brando, Donald Trump, Sigmund Freud, Thomas Edison, Osama bin Laden, Bruce Springsteen, Benito Mussolini, Napoleon Bonaparte, Michael Jackson, Robert Redford, Barack Obama, and Charles Darwin. Part II of the book discusses how handwriting is organized by the brain and includes examples of the link between handwriting and various illnesses and disorders, from dyslexia and epilepsy to stroke and coma. It concludes with a discussion of the link between different personality types, their brain organization, and their handwriting. Part II is an in-depth look at the field of questioned documents, including such topics as freehand forgeries, tracing, disguised handwriting, and anonymous notes. It features an in-depth discussion of how forgeries are created and how they are detected. Seifer has written several books on a variety of subjects, such as Inward Journey: From Freud to Gurdjieff; Nikola Tesla: The Man who Harnessed Niagara Falls; Staretz Encounter: A New Age Thriller; Hail To The Chief; The Big Frame; and The SpaceTime-Mind Continuum.

34 THE FORENSIC EXAMINER Fall 2008

Marc Seifer, PhD, is a renowned expert on handwriting, and he operates his own practice, Seifer Handwriting Consultants. He has been a soughtafter handwriting expert for organizations such as the History Channel. He teaches graphology at Roger Williams University at Bristol, Rhode Island. He has lectured at Oxford University, Cambridge University, Brandeis, and Cranbrook Retreat. He has been a member of the American College of Forensic Examiners since 1996.

Legal Ease By Andrea Campbell and Ralph C. Ohm Only a part of the forensic examiner’s professional life is spent investigating evidence or interpreting test results—most experts in this field are also called into the courtroom. Andrea Campbell and Ralph C. Ohm’s Legal Ease is an excellent primer on navigating the criminal justice system. Divided into three parts, Part One works through an explanation of criminal law. The authors delve into the law itself, how it came about, and how most crimes are defined. Part Two examines criminal procedure and evidence. Chapters are devoted to police officers, arrests, rights of the accused, and the perspective of the prosecutor. Part Three covers a simple timeline of the judicial process from arrest, to trial, to the rights of the convicted prisoner. This section also includes a chapter highlighting the differences in the juvenile judicial process. Campbell and Ohm have put together a methodical overview of the justice system, giving special attention to legal procedure with which every forensic professional should be familiar. The authors also employ fascinating and high-profile cases as models as they address important legal concepts. Their tone does not shy away from humor, ensuring that the reader will find the book as enjoyable as it is informative. For additional information on legal issues within the field of forensics, be sure to check out ACFEI’s Certified Forensic Consultant, CFC, program. Andrea Campbell, DABFE, is a Fellow with the American College of Forensic Examiners and has been a member since 1994. She holds a degree in criminal justice. Campbell is the author of many books including Forensic Science: Evidence, Clues, and Investigation and Rights of the Accused. She lives in Arkansas with her husband, Michael, and she has two sons who are in college. www.acfei.com

Ralph C. Ohm is a Municipal Judge for Hot Springs, Arkansas, and holds a Juris Doctor degree. He is a member of the American, Arkansas, and Garland County Bar Association. Ralph lives with his family in Lonsdale, Arkansas.

The Budapest Connection By Dr. Henry C. Lee & Jerry Labriola, MD The Budapest Connection opens with three young women, each with gunshot wounds to the head, their corpses left in a bizarre condition. Murder, mystery, and suspense: Drs. Henry C. Lee and Jerry Labriola have succeeded in bringing together the crucial elements of a page-turning detective novel. The heroes of the novel include a high-profile cast of forensic experts. Lee’s own extensive experience in the field of forensic science contributed to the unique concept of a team of specialists referred to as the GIFT—the Global Interactive Forensics Team. The team includes two forensic pathologists and members from the U.K.’s Scotland Yard and Canada’s Royal Mounted Police Force. These are led by Dr. Henry Liu—a forensic scientist and noted university professor—as they travel the world in their private jet, pooling their varied expertise to work the most challenging crime scenes. The novel begins with a triple-homicide, but the suspense doesn’t stop before the crime leads to a more sinister, international plot. The GIFT must prevail through death threats and deception in order to uncover the truth. Lee and Labriola’s work is fast paced and complex—a story that is sure to please forensic professionals and CSI fans alike. Dr. Henry C. Lee is a professor of forensic science at the University of New Haven and a Life Fellow of the American College of Forensic Examiners Institute, of which he has been a member since 2002. He is the author of Dr. Henry Lee’s Forensic Files (with Jerry Labriola) and Cracking Cases and Cracking More Cases (with Thomas W. O’Neil), among other works. Jerry Labriola, MD, has coauthored with Dr. Lee on Dr. Henry Lee’s Forensic Files and Famous Crimes Revisited. He is the author of five mystery novels, including the recently released The Maltese Murders and the critically acclaimed Murders at Hollings General.

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Energy and Momentum in Accident Reconstruction: A Code 3 Case Study By Peter H. Rast In his manual, Peter Rast quotes Henry C. Lee who likens accident reconstruction to “predicting the past.” This perspective explains Rast’s healthy distrust of drawing early conclusions when reconstructing a collision event. Rast’s manual, Energy and Momentum in Accident Reconstruction: A Code 3 Case Study, delves into the math, physics, and even proper police procedure one must employ in order to form and adopt the best theory to explain a collision. Rast describes a hypothetical scenario to take the audience through the reconstruction process, start to finish. Rast covers potential and kinetic energy, momentum, work, force, and friction, and in doing so, he utilizes easy-to-grasp examples from billiards, golf, bowling, and baseball. While much of the information can simply be plugged into the formulas he provides, Rast takes the time to break down the equations so the readers can achieve conceptual understanding as well. Rast also includes the practical application of the reconstruction to legal questions. A key purpose in reconstructing an accident is to determine who is at fault. By applying different mathematical principles, Rast demonstrates how multiple theories can be supported and emphasizes the importance of exhausting all the possibilities before allowing oneself to draw a conclusion about what may have taken place. Peter H. Rast is a consulting forensic engineer specializing in accident reconstruction and causation analysis. He holds a BS in engineering, an MS in forensic sciences, an MBA, and is currently pursuing a PhD. He is a Diplomate of the American Boards of Forensic Examiners and Forensic Engineering and Technology and currently serves as a member of the Advisory Board of the American Board of Forensic Engineering and Technology.

s Marc Seifer

s Andrea Campbell

s Dr. Henry C. Lee

s Peter H. Rast

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Fall 2008 THE FORENSIC EXAMINER 35

Case Study

Auguste Ambroise Tardieu Investigator’s Methods Become the Standard for Future Forensic Scientists

By Katherine Ramsland

n the early days, most forensic scientists were generalists who developed methods for examining nearly every aspect of crime investigation. The evidence they gathered with techniques they invented or refined took many criminals by surprise. Their aim was to improve the pursuit of justice, and some made a considerable contribution.

36 THE FORENSIC EXAMINER Fall 2008

During the 1830s, the Duc de Choiseul-Praslin in France, Charles-Louis Theobald, married Altarice Sebastiani, a daughter of one of Napoleon’s generals. The dutiful wife bore nine children in 15 years, but Theobald began an affair with one of the governesses. Although the duchess discovered this and sent the girl packing to another part of Paris, Theobald continued his blatant adultery. Humiliated, Altarice announced her intention to seek a divorce, which would in turn ruin him, but she never got the chance to go through with it. In the middle of the night on August 17, 1847, the household servants heard the bell-pull clanging in the duchess’s room, along with the noise of crashing furniture, followed by a piercing scream. They rushed to her aid but were stymied by her locked door, so they went out to the garden under her window and looked up. To their surprise, they saw the duke in the room, so they went back inside. Now the door was unlocked, which allowed them to find the duchess on the floor amid a chaos of upset furniture, her throat slashed and her head bruised and beaten. They determined that she was dead. But Theobald was no longer there, and they wondered where he’d gone. Just then he rushed in, acting as if he’d only just awoken. He clearly did not realize the servants had seen him in the room moments earlier, but they knew something was amiss with his behavior. So did officials from the Sureté who questioned them before interviewing Theobald. He quickly suggested that his wife was killed during a burglary, but her jewelry remained in clear sight, on display. This had been no burglary. A search produced a blood-covered pistol from under the bed, identified as the duke’s. However, Theobald had an explanation: He’d heard his wife scream and had run into the room with the weapon, but upon seeing her dead, he’d dropped it on the floor so he could hold her. Realizing she was gone, he’d returned to his own room to wash off the blood. While a blood trail in the hall to his room did confirm his movements, it was unclear whether Theobald had shed it after killing his wife or after holding her wounded body. Then a search of his room turned up a blood-stained dagger and the severed blood-stained cord from his wife’s bell-pull. He had more trouble explaining these items. www.acfei.com

Theobald was placed under arrest, and the police turned to a young pathologist from the University of Paris, Auguste Ambroise Tardieu, for help. He had recently established himself as a clear-headed thinker with a firm grasp of medicine in a legal context. Tardieu agreed to get involved, and he was allowed to examine the crime scene, the bloodstained weapon, and the body. He placed the pistol under a microscope—a device about which few people were even aware—and on its butt, he located a chestnut-colored hair similar to the victim’s. He also discovered skin fragments near the trigger guard. In addition, when he compared the butt of the weapon with wounds on the duchess’s head, he discovered they perfectly matched. This evidence undermined the duke’s story, as did a fresh bite mark on his leg that resembled that from a human. It was the right size to have been sustained in a struggle with his wife. (Dental comparisons were not yet a discipline.) Tardieu went a step further to logically reconstruct what he believed had occurred, including a motive, and he described how Theobald had tried to stage the crime to appear to be a burglary. Failing this, he’d repeatedly stabbed his wife and then bludgeoned her to death as she screamed and fought with him. Before she died, she managed to bite him, leaving her mark. The servants witnessed the last part of this fatal altercation, but Theobald then left the room, leaving it unlocked, and when he heard them enter, he arrived and acted as if he were discovering the murder along with them. Theobald apparently realized his story was lame, and he soon poisoned himself with arsenic rather than face both public shame and the guillotine. The case brought Tardieu even more renown throughout France, and he became a regular participant in forensic cases of all kinds. Over the course of his career, he would consult on more than 5,000 incidents, including an attempt to assassinate Napoleon III in 1858. The son of a mapmaker, Auguste Ambroise Tardieu practiced medicine in Paris at a time when many learned men in France were making strides in forensic science, making the city a center for progressive ideas. In 1843, Tardieu wrote a doctoral dissertation, which became a classic in medicine and brought him international attention. (800) 423-9737

His subsequent participation in sensational cases, along with his painstaking scrutiny and prolific writings, made him one of the foremost medico-legal experts of the midnineteenth century. At the university he was both a professor and Dean of the Faculty of Medicine, and he later became President of the French Academy of Medicine. Among his many publications was one of the early texts on forensic toxicology, Étude médicolégale et clinique sur l’empoisonnement. With his typical immersion, he also studied abortion, criminal insanity, hanging, suffocation, and the social conditions of child endangerment. In fact, Tardieu wrote what may possibly be the first book about the sexual abuse and battering of children. In one study, he analyzed more than a thousand cases of abuse, both male and female, fully describing the physical signals. But try as he might to generate interest among his colleagues in the plight of maltreated children, his work went unnoticed during his era. Tardieu did gain considerable eminence with his definitive study of victims of asphyxiation, noting the pathological differences among those who were hanged and among those who suffocated from strangulation, chest pressure, or smothering. He discovered tiny blood spots that occur under the pleura and heart with rapid strangulation, which he named Tardieu’s ecchymoses, now commonly called Tardieu spots. Whatever he studied, he also recorded and published, making the results of his wide range of observations and experiments available to other professionals. In a number of cases, such as the following one, he performed groundbreaking work. Another criminal incident in France that gained widespread attention in 1863, when Tardieu was 45 years old, was that of Edmond Pommerais, whose failure to make a fortune with homeopathy inspired him to take a more sinister route to wealth. First, he presented himself as a count, so as to be more enticing to the upper class. Apparently this worked, because he soon married a woman from a family of means, Mademoiselle Dubiczy. Yet he retained his mistress, a young woman named Séraphine de Pauw, widowed after Pommerais treated her ill husband. (It is not known whether anyone suspected foul play in this man’s death.)

Pommerais, a spendthrift and gambler, may have poisoned his wife’s mother to get the inheritance, because she died hours after dining with him and her daughter. He soon bankrupted his wife’s estate. To get more money, Tardieu hit on a diabolical scheme: He persuaded Séraphine de Pauw to get insured and make out her will to him. She did, and despite her good health, she suddenly fell ill and died. But the deceased woman had confided to her sister that her “illness” was supposed to have been a pretense, part of an elaborate scheme to defraud the insurance company and enrich both her and her lover. The sister believed the scheme had been nothing more than a deception—a way for Pommerais to insert himself into Séraphine’s will for his own purposes. When Séraphine died, the sister was certain that she had been murdered, so she told everything she knew to the chief of police, who in turn involved Tardieu. On the suspicion of a poisoning, Tardieu requested that Séraphine’s body be exhumed, but he found nothing from an autopsy to indicate a fatal injury or disease. He also supervised testing for arsenic and antimony, but these, too, were negative. Thus, he faced the possibility that a poison had been used for which there was no test. Still certain of his guiding hypothesis, Tardieu performed an experiment. He’d learned that before Séraphine de Pauw had expired, she had suffered from a racing heart, so he suspected her killer had use an alkaloid toxin that would produce such symptoms. Taking an extract from the victim’s organs, he injected this substance into a large dog. After a few hours, the animal vomited, lay down, and for the next 12 hours showed symptoms of a racing heart. Yet the animal survived. At the same time, investigators found a number of poisons and drugs among Pommerais’s remedies, including digitalin, used for regulating the heart, which in high doses could be lethal. The “count” had purchased it not long before the victim died, and from his depleted stock it was clear he’d used up a considerable amount. In fact, in love letters that Séraphine had written, she mentioned taking this “remedy” for “stimulation.” Tardieu injected the dog with digitalin from Pommerais’s stock. This time, the animal died, from heart paralysis. Tardieu had Fall 2008 THE FORENSIC EXAMINER 37

to admit it was ingenious; Pommerais had known there was no scientific means as yet for detecting digitalin in the human body. He might even have orchestrated a way for his mistress to admit administering it to herself, in the event some clever investigator managed to detect it. But compelling logic was not the same as hard evidence. Tardieu knew he needed proof that the woman’s death had been the result of murder. From her room, the police had scraped up traces of vomit, so Tardieu tested it, this time using three frogs. One was a control, one received a pure extract of digitalin, and the other an extract made from the vomit. These latter two test subjects both showed the same symptoms and both died in half an hour, while the control showed no symptoms. Over the course of 2 weeks, Tardieu repeated the experiment several times to be certain of his findings. Finally, he took specimens from floorboards from the victim’s room on which she had not vomited, so as to deflect any suggestion that the floorboards themselves contained a toxic substance. This extract had no effect on the frogs. Thus, Tardieu proved his theory that Séraphine de Pauw had died of a toxic dose of digitalin, and the most logical culprit for administering it was her physician —Pommerais.

Because the defendant had medical knowledge, Tardieu fully expected Pommerais’s defense attorney to make a stiff challenge, and he did. The celebrated trial began in the spring of 1864, and the attorney questioned Tardieu’s methods from every angle, focusing specifically on the lack of digitalin in Madame de Pauw’s body tissues. In addition, he claimed it was ludicrous to compare the reactions of a frog with a human being. Tardieu’s decision to extract the poison from the vomit won the day, trumping all arguments about the lack of presence of digitalin in the body. The evidence held up in court, given more weight from the suspicious circumstances, and Pommerais was convicted of the murder of his mistress. He was subsequently executed.

Tardieu went on to assist in many more cases. His logical, patient approach and his determination to support his intuitions with firm and repeatable methodology became the standard for future forensic scientists.

Sources Evans, C. (2004). The second casebook of forensic detection. Hoboken, NJ: John Wiley and Sons. Labbé, Jean. (2005). Ambroise Tardieu: The man and his work on child maltreatment a century before Kempe. Child Abuse and Neglect, 29, 311–324. Thorwald, J. (1964). The century of the detective. New York: Harcourt, Brace & World. Wilson, C., and Wilson, D. (2003). Written in blood: A history of forensic detection. New York: Carroll and Graf Publishers. n

About the Author Katherine Ramsland, PhD, CMI-V, has published 33 books, including True Stories of CSI and Beating the Devil’s Game: A History of Forensic Science and Criminal Investigation. Dr. Ramsland is an associate professor of forensic psychology at DeSales University in Pennsylvania and has been a member of the American College of Forensic Examiners since 1998.

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CE ARTICLE 1: THE LULL BEFORE THE STORM (pages 40–54) ATTENTION ACFEI MEMBERS: Journal-Learning CEs are now FREE when taken online. Visit www.acfei.com. TO RECEIVE CE CREDIT FOR THIS ARTICLE

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In order to receive one CE credit, each participant is required to

This article is approved by the following for continuing education credit:

1. Read the continuing education article. 2. Complete the exam by circling the chosen answer for each question. Complete the evaluation form. 3. Mail or fax the completed form, along with the $15 payment for each CE exam taken to: ACFEI, 2750 East Sunshine, Springfield, MO 65804. Or Fax to: 417-881-4702. Or go online to www.acfei.com and take the test for FREE. For each exam passed with a grade of 70% or above, a certificate of completion for 1.0 continuing education credit will be mailed. Please allow at least 2 weeks to receive your certificate. The participants who do not pass the exam are notified and will have a second opportunity to complete the exam. Any questions, grievances or comments can be directed to the CE Department at (417) 881-3818, fax (417) 881-4702, or e-mail: cedept@acfei.com. Continuing education credits for participation in this activity may not apply toward license renewal in all states. It is the responsibility of each participant to verify the requirements of his/her state licensing board(s). Continuing education activities printed in the journals will not be issued any refund.

(ACFEI) The American College of Forensic Examiners International provides this continuing education credit for Diplomates. (CFC) The American College of Forensic Examiners International provides this continuing education credit for Certified Forensic Consultants. (CMI) The American College of Forensic Examiners International provides this continuing education credit for Certified Medical Investigators.

LEARNING OBJECTIVES

KEYWORDS: red-collar criminal, psychopath, parricide, Tarasoff Act

After studying this article, participants should be better able to do the following:

TARGET AUDIENCE: mental health professionals, investigators

1. Apply the knowledge that those who kill their parents may not have been abused or mentally ill, but may display anti-social behavior coupled with psychopathic traits increasing the probability of murder. 2. Know that parricide offenders can be red-collar criminals in that they kill in order to silence their parents who have detected their fraudulent behavior. 3. Understand that if a child exhibits psychopathic and anti-social traits coupled with perpetrating fraud against his or her parents, mental health professionals may consider a violence risk factor when evaluating whether the son or daughter is capable of violence and potentially murder. 4. Know legal obligations to warn law enforcement and potential victims of violence under the Tarasoff Act may have increased if the child discloses that he or she is committing fraud against the parents.

PROGRAM LEVEL: update DISCLOSURE: The authors have nothing to disclose. PREREQUISITES: none

ABSTRACT This article is the fourth and final in a series on fraud detection homicide. In this article, we examine the application of fraud detection homicide to an adult child who is perpetrating fraud schemes against his parents and kills his parents (known as parricide) once they have detected his fraud. Although parricide accounts for less 2 percent of all homicides in the United States, cases have emerged that appear to counter the popular perception that children who kill their parents only do so because of parental abuse or mental illness. Red-collar criminals who may be perpetrating fraud schemes against their parents display psychopathic traits that propel them to use murder as a solution to their parent’s detection of their fraud scheme. In this article, the authors examine two parricide cases that resulted in the conviction of an adult child, Christopher Porco, killing the father and attempting to kill the mother. Another case is a quadruple homicide where Eric Hanson, the defendant, killed his mother, father, sister, and brother-in-law once his sister and mother detected his fraud schemes perpetrated against the family. The authors advance suggestions for families to protect themselves and also what the obligations of mental health professionals (clinicians) consists of under the Tarasoff Act in warning family members, for example, that they be targets of violence if they confront their child, be it an adult or a minor, of the fraud that is perpetrated against them

POST CE TEST QUESTIONS

(Answer the following questions after reading the article)

1 The act of a child killing his or her parents is referred to as: a. Parricide b. Fratricide c. Suicide d. Homicide

4 What is the name of the defendant that was found guilty of a quadruple homicide? a. Christopher Porco b. Eric Hanson c. Albert Walker d. Robert Petrick

2 What is the name of the personality trait that the adult children displayed? a. Schizophrenia b. Narcissism c. Psychopathy d. Retardation

5 What did Christopher Porco use to kill his father? a. gun b. knife c. ax d. chainsaw

3 What is the name of the law that mental health professionals must know? a. IRS Act b. Sarbannes-Oxley Act c. Smoot-Hawley Act d. Tarasoff Act

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1. Information was relevant and applicable. 2. Learning objective 1 was met. 3. Learning objective 2 was met. 4. Learning objective 3 was met. 5. You were satisfied with the article. 6. ADA instructions were adequate. 7. The author’s knowledge, expertise, and clarity were appropriate. 8. Article was fair, balanced, and free of commercial bias. 9. The article was appropriate to your education, experience, and

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10. Instructional materials were useful.

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Fall 2008 THE FORENSIC EXAMINER 39

CE Article: (ACFEI, CFC, CMI) 1 CE credit for this article

By Frank S. Perri, Terrance G. Lichtenwald, and Paula MacKenzie

40 THE FORENSIC EXAMINER Fall 2008

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his study is the fourth article in a series of articles devoted to understanding red-collar criminals. The first study, “Fraud Detection Homicide: A Proposed FBI Criminal Classification” (Perri & Lichtenwald, 2007), advanced the proposition that there is a sub-group of white-collar criminals who are capable of vicious and brutal violence against individuals, namely murder, whom they believe have detected their fraudulent crimes. The sub-group is referred to as red-collar criminals. The second study is “The Arrogant Chameleons: Exposing Fraud Detection Homicide” (Perri & Lichtenwald, 2008), and the third study is “A Tale of Two Countries: International Fraud Detection Homicide” (Perri & Lichtenwald, 2008). This article examines the application of fraud detec Most would also agree that managing individtion homicide to an adult child who is perpetrating uals choosing to engage in psychopathic behavior fraud schemes against his parents and kills them often becomes particularly problematic for fam(known as parricide) once they have detected his ily members and other personal associates. A large fraud. Although parricide accounts for less than 2 part of the difficulty lies in acquiring a heightened percent of all homicides in the United States, cases sense or awareness that one’s child is not likely to have emerged that appear to counter the popular experience empathy, frequently lies, steals from the perception that children who kill their parents only family, and can readily provide ample verbal justido so because of parental abuse or mental illness. fications for one’s psychopathic behavior. Red-collar criminals who may be perpetrating One of the problems that arises for parents is how fraud schemes against their parents display psyto cope with psychopathic children as they develop chopathic traits that propel them to use murder into adolescence and adulthood. Unfortunately, as a solution to their parents’ detection of their when psychopathic behavioral patterns or psychofraud scheme. In this article, the authors examine pathic personality traits surface during childhood, two parricide cases, one that resulted the likelihood increases that these same in the conviction of an adult child, behavioral patterns and personality Christopher Porco, killing the father traits may remain and become more and attempting to kill the mother. The solidified as they age. Given this genother case involved a quadruple hoeralization, how parents, law enforcemicide where Eric Hanson, the defenment, and mental health professiondant, killed his mother, father, sister, als elect to interact with psychopathic and brother-in-law once his sister and adult children is important because mother detected his fraud schemes perthere have been instances where relats Christopher Porco petrated against the family. ed parental and professional miscon The authors advance suggestions for families to ceptions or minimizations have resulted in serious protect themselves and also what the obligations of physical violence, such as the murder of one or both mental health professionals (clinicians) consist of parents together with siblings. under the Tarasoff Act. For example, clinicians may The occurrence of parricide involves different be required to warn family members that they may types of parricide offenders. Some incidences inbecome targets of violence if they confront their volve individuals who have suffered parental abuse adult or minor child over fraud that is perpetrated or neglect, while others involve individuals who sufagainst them. fer from a serious mental illness. In contrast, many incidences of parricide involve offenders who are Discussion affected by some psychopathic, non-psychotic type Many parents often attribute their children’s psyof process that can guides one’s homicidal behavchopathic behavior to maturity issues or a lack of ior. Yet, there are offenders who reveal no signs of attention and concentration. It is also common for mental illness nor disclose abuse as a motive to kill, the wide variety of professionals interfacing with but may reveal serious anti-social personality traits. such individuals to attribute one’s psychopathic beThe authors concentrate on the anti-social reason havior to the existence of some inherent parental why children kill, and they believe that these adult deficit or to assume that parental abuse or neglect children exhibit psychopathic traits enhancing the has undoubtedly taken place. Despite the lack of probability that they perceive violence as a solution a single definitive cause to explain the occurrence to a problem. Noting that this single type of homiof this type of behavior, most would agree that encide can be committed by different types of parricountering individuals displaying such behavior can cide offenders is important, especially when conbe both frustrating and at times even dangerous. sidering options for prevention and protection. (800) 423-9737

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Fall 2008 THE FORENSIC EXAMINER 41

The article examines the general concept of psychopathy, the phenomena of parricide, and how the interplay of these two concepts influence our understanding of two specific parricide cases—the cases of Christopher Porco and Eric Hanson. The article is also a continuation of the examination of redcollar criminals (white-collar criminals who have turned violent). The research discusses how these concepts are significant in structuring prevention and protection strategies as well as understanding one’s obligation under the Tarasoff Act to warn law enforcement and targeted victims of violence.

The Concept of Psychopathy

Portrait of a Psychopath

Dr. Robert Hare (1991) notes that psychopathy can be distinguished from officially recognized personality disorders, “ … on the basis of its characteristic pattern of interpersonal, affective, and behavioral symptoms.” Some of the most significant personality and behavioral traits identified by Hare are noted below (Herve & Yuille, 2007):

Interpersonal • Superficial charm • Grandiosity • Lying • Conning & Manipulation Affective • Remorselessness • Shallow affect • Callousness • Failure to accept responsibility

Lifestyle • Impulsivity • Seeking of stimulation • Irresponsibility • Parasite lifestyle • Lack of realistic goals Anti-Social • Poor behavior controls • Delinquency • Criminal versatility • Early behavioral problems

According to Dr. Robert Hare, international psychopathy expert from the University of British Colombia, the term or concept of “psychopathy” has had a long and sometimes confusing history. Dr. Hare (1991) states that part of the conceptual confusion stems from the use of multiple terms to describe similar personality traits and behavioral patterns (e.g., moral insanity, psychopathic personality, sociopathy, antisocial personality). These writers contend that the concept of psychopathy is best understood in terms of a range or degree of personality and behavioral traits that are typically associated with negative implications. The concept of psychopathy is no longer in and of itself an actual clinical diagnosis; rather, it refers to a specific cluster of traits and behaviors used to describe an individual in terms of pervasive dominating personality traits and behaviors (Gunn & Wells, 1999). One should understand that psychopathy is not a mental illness, but a personality disorder. The theoretical model delineated by Dr. Hare identifies a number of personality and behavioral characteristics that have become a generally accepted definition of psychopathy. “Psychopathy” is not officially identified in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR), but Hare (1993) defines it as “ … a personality disorder defined by a distinctive cluster of behaviors and inferred personality traits, most of which society views as pejorative.” Psychopaths are not disoriented or out of touch with reality, nor do they experience the delusions, hallucinations, or intense subjective distress that characterizes most other mental disorders. They are rational and aware of what they are doing and why. Their behavior is the result of choice, freely exercised but coupled with a distorted sense of reality (Perri & Lichtenwald, 2007). Psychopaths also have difficulty projecting into the future; that is, they have difficulty understanding how their actions play themselves out in life. In addition, they have deficits in reflecting on their past: “[t]hey are prisoners of the present” (Meloy, 2000). As Edelgard Wulfert, forensic psychologist and professor at the

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University of New York at Albany, stated, “A psychopath invents reality to conform to his needs” (as cited in Grondahl, 2006). Other signature traits of psychopaths are their chronic cases of self-centeredness, parasitic lifestyle, egocentrism, and narcissism that places their own interests and the pursuit of their desires above all others in a way that disregards the rights or feelings of others. Although all of the traits are important, there are certain traits that stand out more than others in terms of identifying psychopaths, all of which we shall see in the cases presented in this article. Lack of remorse or guilt is the benchmark of psychopathy—in other words, a lack of conscience. This trait most closely relates to a psychopath’s lack of remorse for his or her actions, because the psychopath is not capable of internalizing how his or her behavior had an impact on another person. Usually, when people feel bad about what they do to hurt someone, there is an unsettling physical behavior that accompanies the feeling of being remorseful. This quality does not apply to psychopaths, and they are capable of fooling people with outward signs of emotions because they learned by watching others how they should behave emotionally given a set of circumstances (Meloy, 2000). “For God said, Honor thy father and thy mother.” —Exodus 20:12

Parricide In contrast to serial murder, parricide often represents a crime that affects people personally because it transgresses sacred values of family that are embraced within one’s society (Heide & Boots, 2007). Yet, according to experts, parricide is one of the few crimes that remains an anomaly to many observers and can make people quite uncomfortable because it is a family relationship with which they may identify. Merriam-Webster (2004) defines parricide as “One that murders his or her father, mother, or other close relative.” Less than 2% of all homicides in the United States are parricides (Boots & Heide, 2006). International parricide expert Dr. Kathleen Heide includes attempted homicides in the operational definition of parricide because whether a homicidal incident results in death to the intended victim is often the result of factors such as physical stamina of the victim, the immediate availability of medical care, or the marksmanship of the offender (Heide & Boots, 2007). Multiple-victim offenses in which other family or non-family members are killed in addition to at least one parent are also included in the operating definition of parricide (Heide & Boots). Children who have murdered one or both of their parents have been studied, along with their families, www.acfei.com

by a variety of investigators. Different theories have been developed to examine dominant motivating factors of those who commit parricide. According to Dr. Heide (1995), the severely abused child typically does not have a history of serious mental illness. These children kill because they could no longer tolerate the physical and/or psychological abuse occurring in the home. For this group of offenders, “killing represents an act of desperation and the only way out of one’s familial situation” (Heide). Studies examining juvenile and adolescent parricide offenders in the United States have found that the majority of these cases appear to be abuse related (Boots & Heide, 2006). The second offender group, the severely mentally ill child, typically kills because the intent to do so is related to some psychotic and/or delusion process (Heide, 1995). Clinical reports and studies in the United States have found serious mental illness to be a common reason why adult children kill their parents (Boots & Heide, 2006). Some of these offenders are not even tried as killers because the courts have found them unfit (Heide, 1992). These cases involve mentally ill adult children who are not capable of living independently and live with or near the parent(s), are emotionally and financially dependent on their parent(s), and have limited social relationships outside the family (Cooke, 2001). In some cases where mental illness is the issue, parricide occurs when the perpetrator perceives that real or imagined rejection or abandonment is imminent, thus creating a sense of hopelessness (Cooke). The third offender group, the dangerously antisocial child, is comprised of parricide offenders who are typically free from hallucinations, delusions, or other symptoms of a serious mental illness. Dr. Heide states that offenders in this group murder for self-serving and instrumental reasons, none of which have anything to do with abuse or the presence of a severe mental illness. For example, consider the Menendez brothers, who murdered their mother and father and lied about being abused as the motive for the killings so that they could gain financially (Pergament, 2007). The authors posit that the dangerous anti-social child that Dr. Heide refers to harbors psychopathic personality traits that facilitate the child’s ability to consider homicide as a solution to satiate his or her needs. However, it is the psychopathic child’s appearance of normalcy that can be so disarming in considering how to interact with them both as family and as a clinician. Although the overwhelming majority of offenders involved in incidents in which fathers and mothers were killed were adults, juvenile involvement is noteworthy. Approximately one in four offenders involved in the killings of the father (25.4%) and one in six offenders involved in the killings of the (800) 423-9737

mother (17.0%) were under 18 years of age (Heide & Petee, 2007). Parents killed tended to be white; white mothers comprised 75% of the victims and white fathers comprised 68% of the victims (Heide & Petee, 2007). Males were more likely than females to commit parricide. Males comprised 87% of the offenders and came from middle and upperclass social strata (Heide & Petee). Literature on the international cases of parricide has focused on the role of mental illness in the killings. For example, in one Canadian parricide study, paranoid schizophrenia and drug and/or alcohol abuse disorders were reported as the most common diagnoses. When looking only at the killing of the mother, the child was male, overly violent, and suffered from schizophrenia (Boots & Heide, 2006). In a French parricide study, 60% of the offenders were reported to have psychosis (Boots & Heide).

Three Classifications of Parricide Dr. Kathleen Heide (1995) proposes that most parricide offenders fall into one of three classifications:

1. The severely abused child 2. The severely mentally ill child 3. The dangerously antiso-

cial child who may kill out of greed for insurance or inheritance reasons

The Christopher Porco Case During the early morning hours of November 15, 2004, Christopher Porco, then 21 years old, entered his family home in New York and brutally murdered his father, Peter, and attempted to murder his mother, Joan, with an ax while they were sleeping (Perri & Lichtenwald, 2007). When the authorities found Joan, her brain had been exposed, her jaw had been dislodged, and she eventually lost one of her eyes. The father was found practically decapitated. Interestingly, the mother told the authorities that Christopher was responsible for the murder, but she later recanted her statement to the police (McNiff & Cuomo, 2006). The behavioral data from the Christopher Porco case did not reveal a murder in which the adult child alleged that the murder was justified because his parents had abused him as a youth or an adult. Fall 2008 THE FORENSIC EXAMINER 43

s Joan Porco is shown in this undated family photograph, taken before the ax attack that left her husband dead and her face disfigured.

s Video taken by a security camera at the University of Rochester showed Chris Porco inside his yellow Jeep Wrangler supposedly heading toward the highway at about 10:30 p.m. on November 14, 2004. Prosecutors alleged he was on his way to his parent’s home on the day of the attack and murder. He allegedly arrived at 2 a.m. on November 15, 2004.

He offered no history of mental illness as a defense at his trial, and he did not suffer from psychosocial and psychological deprivations, nor did he fear for his life. He was convicted of the murder of his father and the attempted murder of his mother. This is a case of two parricides under Heide’s operational definition of parricide. What is instructive about the Christopher Porco case is that as Christopher exhibited the qualities of a psychopath, his parents attempted a variety of parenting techniques to both discipline their son as well as force him to adhere to their value system. The data from this retrospective study suggests that Peter and Joan Porco did not understand that Christopher was capable of murdering them to prevent them from obstructing his wants. Additional research from the Porco case indicates that psychopaths who are raised in anti-social environments tend to develop into violent psychopaths, whereas those who are not raised in such environments and have access to positive social and educational resources are more likely to develop into non-violent white-collar criminals (Hare, 1993). The behavioral data in the Porco case yielded no indication that Christopher Porco was raised in an anti-social environment; in fact, the data reflects the opposite: He was highly intelligent and came from a solid middle-class family. Together, the Porco and Hanson cases serve as a warning to parents who do not develop protective measures when they and those working with these troubled families fail to recognize the child’s psychopathic traits. We observe these traits during adolescence, continuing into adulthood, with wants being forced against family values with no sense of remorse. These authors believe that parents, by either ignoring or not interpreting their child’s behaviors correctly, expose themselves and the rest of their

44 THE FORENSIC EXAMINER Fall 2008

families to psychopathic destruction, either emotionally, financially, or possibly even physically (Perri & Lichtenwald, 2007). As we shall later address, there is a shift in the behavior of psychopaths that mental health professionals must be aware of that may require them to warn family members that they may be a target of violence, especially if the family detects and confronts the child about his or her fraud activities. In addition, there is often a pattern of escalating conflict between the offender and the victim(s) that includes threats and/ or assaults: The data reveals that at least half of the parricides stem from arguments (Heide & Petee, 2007). The study of the behavioral data yielded warning signs of Christopher Porco’s psychopathic qualities. In general, Porco left a trail of deceitful behavior. One specific example of this deceitful behavior is that Porco was known to have manipulated college transcripts from Hudson Valley Community College, located in upstate New York, reflecting false grades so he could be readmitted to the University of Rochester after he was forced to withdraw for poor grades (Karlin, 2006). In addition, during the course of the murder investigation, authorities determined that Porco had a history of anti-social behavior that included burglarizing his parents’ home and selling their computer equipment on eBay (Lyons, 2006c). Interestingly, one month before the murder, the parents froze their eBay accounts after Christopher Porco never sent the items sold on eBay. During the investigation, it was revealed that Porco posed as his brother and sent e-mails to customers explaining that his brother had died and was unable to send the purchased items (Lyons, 2006c). He was also known to have broken into his former employer’s place of work to steal cell phones, cameras, and computers (Lyons). He fraudulently obtained loans using his parents as co-signers without parental knowledge after obtaining his father’s relevant personal and tax information. Christopher Porco had told his parents that he only needed a co-signed $2,000 loan for school, yet he fraudulently took out a loan for more than $30,000 to pay for college expenses (McNiff & Cuomo, 2006). Moreover, to keep up with the appearance that he was from a wealthy family, he accumulated more than $40,000 in debt from lavish spending and Internet gambling (McNiff & Cuomo). There were several e-mail correspondences between Porco and his parents that exemplify the tensions between the parties and accurately support research stating that conflicts and arguments are a catalyst for parricide. The parents eventually confronted Porco on his fraudulent behavior and threatened to go to the authorities to take action against him. In one e-mail, the father wrote, “Did you forge my signature as a co-signer? What the www.acfei.com

hell are you doing? You should have called me to discuss it. … I’m calling Citibank this morning to find out what you have done and am going to tell them I’m not to be on it as co-signer” (as cited in Perri & Lichtenwald, 2008). Amazingly, the next day, Citibank notified Peter Porco that Christopher Porco had also obtained a line of credit of more than $16,000 to purchase his new Jeep Wrangler (McNiff & Cuomo, 2006). Again, Porco used his father’s name as co-signatory to secure the auto loan. The parents tried to contact Porco via the phone, but he would not talk to them. In another e-mail, the father stated, “I want you to know that if you abuse my credit again, I will be forced to file forgery affidavits in order to disclaim liability, and that applies to the Citibank college loan if you attempt to reactivate it or use my credit to obtain any other loan” (as cited in McNiff & Cuomo). In the same e-mail, the father went on to say, “We may be disappointed with you, but your mother and I still love you and care about your future.” Interestingly, Christopher indicated that he had committed fraud to “absolve my parents the financial burden of college” (as cited in Lyons, 2006a). What is ironic is that he took the money to also buy himself a new Jeep. There was no evidence that at a minimum he took the money to pay off some of his earlier debts. One can see how Christopher Porco supports Dr. Meloy’s position on psychopathy, where the individual is remorseless, lives in the present, and is not capable of understanding how his or her actions play themselves out in terms of harming others and, eventually, themselves. Furthermore, one can observe how the escalation in tensions in the Porco case fits the research where many of the parricides stem from arguments between the parents and the child (Heide & Petee, 2007). Despite the chaos Christopher Porco brought into his parents’ lives, they told him how much they loved him. Unfortunately for them, though, their love was irrelevant for what he planned to do next. Less than 2 weeks from the time the father warned Christopher Porco that he would not hesitate going to the authorities for his son’s fraudulent behavior, Christopher executed his plan to negate

the threat. It has been the experience of the authors that the victim’s threat of exposing the fraud will force a shift in the psychopath’s strategy from employing charm, cunning behavior, and manipulation on the victim to employing violence in an effort to silence the victim.

s Peter Porco smiles in this undated photograph. He was murdered with an ax on November 15, 2004. His son, Christopher Porco, was convicted of the murder, which prosecutors say occurred after his Christopher Porco’s parents confronted him over his fraud activities.

The Concept of Psychopathy and Christopher Porco Several Albany, New York, area psychologists and mental health professionals familiar with the case stated that “Christopher Porco fits the profile of a psychopath” (Grondahl, 2006). They focused on his continued pattern of lying and deceitful behavior. Furthermore, these professionals also pointed to his pattern of grandiose perceptions centering on himself as a member of a wealthy and influential family. Christopher Porco was known to have lied to friends and acquaintances about a fictitious inheritance from his grandmother of millions of dollars. Even Peter Porco was reported to have said to a co-worker that his youngest son was a sociopath (Lyons, 2006b). Many people found Christopher Porco’s behavior strange given that he was out of custody because he made bail on murder charges. For example, while

The ax used to murder Peter Porco and gravely wound his wife, Joan, is shown in this evidence photograph.

(800) 423-9737

Fall 2008 THE FORENSIC EXAMINER 45

awaiting trial, many found him to be strangely arrogant, drinking in bars, attending concerts, going out to entertainment establishments, and driving around the yellow Jeep that witnesses state was the same Jeep he used to drive to his parents’ home on the night of the murder. This behavior fits the traits of an individual in need of grandiosity and embellishment of his life (Grondahl, 2006). As forensic psychologist Wulfert stated, “There’s an overlap between psychopathic and narcissistic tendencies. … He (Christopher) believes that the rules do not apply to him and he has a need to show off in front of people” (as cited in Grondahl). Hopefully, most parents of psychopathic children will never experience this horrific scenario; however, not undertaking the proper precautions can result in tragic consequences. As demonstrated in the Porco case, the parents incorrectly believed that discipline and “tough love” was the answer. They failed to understand that psychopaths follow one set of rules—their own. It is not uncommon for psychopaths to lash out violently when they believe they are losing control over a situation, especially one in which they believe their freedoms may be taken away. In this case, the father indicated that he was willing to go to the authorities for Christopher Porco’s fraud. When psychopaths such as Christopher Porco lash out violently, society, in general, incorrectly assumes that he was angry at his parents and that his emotions got the better of him. Somehow, under normal circumstances, it would not be his character to become violent. Again, societal perception incorrectly injects a non-psychopathic explanation to the murder by attempting to inure an emotion to the killing—it was the defendant’s emotional state that was the impetus for the killing (Perri & Lichtenwald, 2008). For Porco, the data suggests that the issue was not about anger nor other unresolved emotions, but about his perception of murder as being a viable or acceptable means of conflict resolution. Many parents are unaware of this mindset and are probably not equipped to suggest that a child would be capable of formulating such solutions. Consequently, they do not perceive their parental behavior as the obstacle to their child’s self-gratifying desires. The truth is, the Christopher Porcos of the world do not engage in a moral debate within their minds as to whether murder is an option. They perceive parental control as a form of provocation sufficient to over46 THE FORENSIC EXAMINER Fall 2008

come them, so they commit heinous acts. Their strong need to “win at all costs” means eliminating others to maintain control, and murder is certainly a viable option because it is the ultimate form of control over an individual. The thought that one’s child may exhibit reptilian qualities can drive parents into denial and consequently lead them to underestimate their child’s proclivity toward violence. One observes how Christopher Porco’s mother simply recanted her statement and tried to protect her son even when the evidence overwhelmingly pointed to him as the murderer. She wrote a letter to the local newspaper, The Times Union, stating, “I implore the Bethlehem police and the District Attorney’s Office to leave my son alone, and to search for Peter’s killer or killers, so that he can rest in peace and my sons and I can live in safety” (Lyons, 2005b). She stated, “With every ounce of my being, I cannot accept that Christopher could have, or would have chosen to butcher us in any conceivable way, or any conceivable reason” (Lyons, 2006a). Moreover, even after her son was found guilty of murder, the mother at the sentencing stated, “Please allow Christopher the opportunity to attain freedom in my lifetime. I believe him to be innocent with all my heart. Please give him a chance to use his talents to make a significant contribution to society” (Lyons, 2006a). Unfortunately the mother did not understand that her attempt to bond with her son did not mean that he would reciprocate the bonding, a common misconception parents of psychopathic children harbor. What makes the Porco case difficult to accept, whether a parent or not, is the fact that Christopher Porco’s parents tried to do the right thing by being disciplinarians, coupled with not letting their child believe he was unloved. Despite all of the goodwill bestowed upon Christopher Porco, none of it mattered to how he treated his parents. Christopher Porco’s parents probably thought that he would one day see the error of his ways and thank them for using the “tough love” approach. Yet, Porco’s destructive behavior did not decrease even though he was quoted referencing his bogus college transcripts, “I’ve learned my lesson, I really need this tough love” (Karlin, 2006). In fact, the parents’ behavior exacerbated the problem—it was as if the parents were pouring gasoline on an already out-of-control fire, and the result was an escalation of family turmoil.

Ironically, Christopher Porco perceived his parents’ position of being caring and loving as a weakness to be exploited (Hare, 1993). One can observe how Christopher’s destructive behavior accelerated over his life and well into adulthood with escalating family turmoil. Each move that the parents took to discipline Christopher was met with a counter-move by their son. Christopher did not view his parents’ disciplinary actions as gestures of parental love, but as attempts to curtail his self-gratifying, egocentric personality. It is interesting to note that during an interview with CBS, while visiting his mother at the hospital, Christopher Porco stated, “I saw her—she was swollen and covered in tubes and my reaction was I burst into tears. I fell on the floor right there” (Bell, 2007). Yet a former youth leader minister named Joseph Catalano who went to the hospital to be with Christopher Porco claimed to be “struck by Porco’s odd behavior because he did not seem to exhibit any grief ” (Bell). The psychopaths’ use of the “chameleon strategy” is not surprising in that they attempt to read a situation and determine what the appropriate emotional response others want to hear to make them appear sympathetic to outsiders (Perri & Lichtenwald, 2007). Fortunately, someone was present to observe his true behavioral response.

Therapy and Psychopathy Therapy is often a panacea that appears to be a solution for many people. However, therapy has not proven to be a viable solution for psychopaths. There are several problems with viewing therapy as a viable solution. First, these individuals do not believe there is anything wrong with them. They do not look at their behavior with regret, they experience little, if any, anxiety over their actions, and they are capable of rationalizing their behavior given they obtain perceived rewards from their behavior. The second problem is that attempting to use therapy as a method to inculcate empathetic qualities is futile. Trying to teach a psychopath to be remorseful is like trying to teach an alligator to apologize for eating its young. In fact, psychopaths may view therapy as a method of gaining new insights into human weakness that they can use to manipulate others. Often, therapy is pushed on them by desperate parents, and they simply go through the motions. Psychopaths don’t feel they have psychological or emotional problems, and they see no reason to change www.acfei.com

their behavior to conform to societal standards with which they do not agree. The stark reality is that therapy may actually make matters worse. According to one study, psychopaths were four times as likely to behave violently post-therapy than other patients (Hare, 1993). The psychopaths who were not part of the therapy sessions were less likely to be violent upon release from the treatment program. As one psychopath stated, “These programs are like finishing school. They teach you how to put the squeeze on people” (Hare).

Quadruple Homicide: The Eric Hanson Case

Eric Hanson was found guilty of a quadruple homicide in February of 2008. He murdered his mother, father, sister, and brother-in-law and has been sentenced to death. According to the prosecution, the defendant is responsible for the theft of more than $150,000 from his parents through forgery, mail fraud, credit card fraud, and identity theft schemes (Golz, 2008a). In fact, just hours before the killings on the night of September 28–29, 2005, because Hanson lived with his parents, he was able to intercept a $13,800 check delivered to the family’s home and deposit it into his personal bank account (Golz, 2008d). He continued to use the parents’ credits even after their murder. As State’s Attorney Joseph Birkett stated, “Eric Hanson in a cold, calculated and premeditated manner, committed the execution-style murders out of greed and fear of having his fraudulent scheme discovered” (Rozek, 2005). The motive that the prosecutor advanced accurately reflects fraud detection homicide where a bonafide red-collar criminal silences those who discover, and are in a position to reveal, their fraud schemes that pre-date the murder (Perri & Lichtenwald, 2007). Family members told the police that Mary Hanson discovered Eric’s fraud scheme when she had trouble using one of her credit cards (Burghart, n.d). Apparently, Eric opened multiple credit cards in 2004 using his mother’s name and her mailing address, but later Eric Hanson added himself as an authorized user and changed the mailing address from his parents’ home address to a post office box (Golz, 2008e). Kate Hanson confronted Eric about the fraud and threatened to tell their father if he did not confess, and Eric threatened to kill Kate if she disclosed what she knew about his fraud schemes to their father (Gregory, 2008b). Eric denied the threat; however, a letter he wrote to his cousin from jail confirmed the threat where he stated, “I called Kate and told her to stay out of my life. … If she didn’t, she would regret it. When she asked me if I was threatening her, I said, ‘No, it’s a promise’” (Golz, 2008c). According to (800) 423-9737

Jennifer Williams, the sister who lives in Minnesota, her deceased sister Kate told her that Eric threatened to kill her if she disclosed the fraud detection (Gutowski, 2008d). Although the father was shot in the back of the head and the mother was shot in the face while they were sleeping, the prosecution claims that he carried the bodies to his sister’s home, where he had already killed both his sister and brother-inlaw with blunt trauma force (Gutowski, 2008c). Jimmy’s face was not recognizable and Kate’s arms were broken as she tried to protect herself from the blows to her head (Gutowski, 2005). On the morning of September 29, after the murders, he went to Los Angeles to visit his ex-girlfriend, Allison Beck, but it appeared that his visit had to do with more than just attending a concert with her. Prior to Beck and Hanson meeting in Los Angeles, Hanson called her and told her of the murders of his parents, sister, and brother-in-law (Barnum, 2008b). At this point, Beck did not meet with him because of a conversation she remembered having with Hanson. Several weeks before the murders, Hanson became livid with Beck when he suspected that she and Kate Hanson spoke about him. Beck denied the conversations when Eric Hanson pressed her, and he stated, “If I ever find out, you’re going to get it” (Barnum, 2008b).

s Eric Hanson stares blankly ahead in this law enforcement mug shot.º

Fall 2008 THE FORENSIC EXAMINER 47

s This family portrait of the Hanson family was made during the 1970s. Pictured are Terrance and Mary Hanson, with their children, from top, Jenny, Kate, and Eric.

Beck responded, “What does that mean?” Hanson stated, “Wait and see.” “Is that a threat?” Beck asked. “No, it’s a fact,” stated Hanson. When police wanted to talk to Eric Hanson about the murders, he initially declined but then agreed. He had told the police that he was willing to talk to them about the killings, but that he was still in Los Angeles (Gutowski, 2008d). However, law enforcement was able to discover through cell phone usage the call was being made from Wisconsin (Gutowski, 2008d). After he was stopped, he told the police that he was on his way to Minnesota to tell his sister Jennifer of his grisly finding. Practically, Eric Hanson was on his way to Minnesota to silence the last piece of the puzzle that he believed tied him to the murders because of his belief that she knew of his fraud. Furthermore, Jennifer Hanson received a call from Eric on September 28, 2005, where he asked if he could stay with her and her family because he wanted to see a ball game (Gregory, 2008b). However, all the other times that he came to Minnesota, he would never spend time with Jennifer or her family (Gregory, 2008b). After the police stopped Eric Hanson in Wisconsin, they found his father’s blood stains on a glove in the car together with Jimmy’s Rolex watch and Kate’s diamond ring (Gutowski, 2008d). In applying Dr. Heide’s operational use of parricide, this is a case of four parricides where all the victims were related to Eric Hanson. The problems Eric had with his parents as well as his chronic lying and deceitful ways with others revealed a high probability that he exhibited psychopathic traits. As he aged he spent time in a youth home, went to prison for home invasion in Michigan, and past

48 THE FORENSIC EXAMINER Fall 2008

girlfriends testified how he lied to them, stole from them, and became violent with them (Gutowski, 2008c). He was known to watch videos of animals being tortured and killed, and a family friend told authorities that Eric had forcibly held his daughter’s head under water (Burghart, n.d). Most disturbing of all was a 911 call from Kate Hanson back in 1993, when she told the police that he held a knife at her throat. Kate Hanson stated, “(He) got very mad at me and grabbed the top of my hair and threw me down on the wooden floor. His face turned color because he was so angry and he said, ‘I might as well kill you because as soon as my probation officer finds out, I’ll be sent away anyway. … I can cover it up. No one will know’” (Gutowski, 2008c). Eric’s aunt, Donna Hanson, stated she observed “strange behavior over the years but was told he was getting help, and so we wondered but did not get involved, figuring Terry and Mary (Eric’s parents) were trying the best to help him; this has been hell on the dynamics of the entire family” (Hanson, 2006). In fact, Eric Hanson’s lifestyle, chronic lying, flagrant spending, and constant freeloading caused family fights (Gutowski, 2008d). Yet, Hanson indicated that he had “zero money problems” (Burghart, n.d.). Hanson’s statement that he had “zero money problems” would seem reasonable given that he stated, “It just seemed like free money” to describe his fraud (Gutowski, 2008e). He spent more than $14,000 on a new motorcycle several months before the murders (Barnum, 2008c). One former co-worker who chose to remain anonymous, stated the following: He told all of us at work that he had a day job selling insurance and that he played golf in college and was a pro but hurt his back. Then I found out he never graduated high school and never even went to college in Michigan or somewhere and he was in prison for home invasion. He also had a friend come into work and tell him his sister died in a car accident so he could get the weekend off. We all chipped in some money, because he was going to miss work. He took the money and thanked everyone for understanding. Thing is, his sister never died in that car accident. Just an evil soul. (Former co-worker, 2006). The evidence reveals that if Hanson did kill, he did not kill because he had a mental illness. Nor is there any evidence that he was abused. Psychologist Dr. Marva Dawkins evaluated Hanson and concluded that he exhibited narcissistic personality disorder, attention deficit hyperactive disorder (ADHD), and learning disabilities, coupled with anti-social features with no evidence of psychotic disorders (Gutowski, 2008b). Dr. Dawkins described the narcissistic personality disorder Hanson www.acfei.com

exhibited as “an element of self-love” and “believing they are superior or unique and deserve recognition by others” (as cited in Barnum, 2008a). As to Hanson’s ADHD, Dr. Dawkins indicated that ADHD “doesn’t tell us if a person will do good things or bad things” (as cited in Barnum). Interestingly, a psychologist who evaluated Hanson a decade earlier indicated that he “wasn’t a threat to commit more violence” (Gregory & Barnum, 2008). Dr. Dawkins further testified that Hanson lacked the ability to form deep bonds with others or to feel much empathy for others (Gutowski, 2008c). However, we can observe the manipulative games Hanson played when he attempted to inure an emotional quality to his relationship with his family when he told a reporter, “I think the older I got, the closer I got with my parents. … I always looked at my family as kind of a rock, someone you could rely on no matter what” (Gutowski, 2008f ). Other psychopathic traits Hanson exhibited that were disclosed by the prosecutor included “deceitfulness, lack of remorse, impulsivity, reckless disregard for the safety of others, irritability, and aggressiveness” (Golz, 2008b). In fact, just like the Porco case, Dr. Dawkins stated that Hanson came from a loving, supportive home that one could characterize as affluent, upper-middle class. There was no evidence of childhood emotional or physical abuse or neglect, but as Dr. Dawkins stated, “He has the persona of presenting himself as a macho guy, someone who has it together … but from what we have learned, he’s actually a very vulnerable, weak individual in terms of his own self-esteem” (Gutowski, 2008b). What is very interesting about Dr. Dawkins’s statement is that it dovetails with Dr. Hare’s observation of psychopaths’ personality structures being as thin as a balloon. Factors that may puncture their ego, such as threats, can result in a narcissistic rage, even though they perceive their personality structures to be sound. The Hanson case supports current research that reveals most parricides occur by males who are white and who come from middle- to upper-middle income class families (Cooke, 2001). However, the data does not support Dr. Heide’s findings that many adult parricide offenders are compelled to murder because of a mental illness. Hanson exhibited no signs of a mental illness. Though Hanson’s parents never turned their back on him, Jennifer Williams said that their mother was especially concerned with protecting the family image (Burghart, n.d.). In fact, the mother’s behavior could be characterized as enabling when she was attempting to find a way to pay off Eric Hanson’s fraudulently obtained money. She took out loans in the tens of thousands of dollars to pay off the credit card debt he had accumulated (Gutowski, (800) 423-9737

2008a). The mother wanted to cover for her son because she believed that he would try to hurt himself, even though Kate Hanson was livid and threatened to tell their father (Gutowski, 2008d). Parents have been known to exacerbate an already difficult family situation when dealing with psychopathic children (Hare, 1993). Hanson was not capable of reciprocating family obligations of respect and support despite his parents’ effort to show him through example what family support is, as exemplified through Jennifer’s victim impact statement to the court:

s In this September 2001 photo, Jimmy Tsao and his new bride, Kate Hanson, center, pose with her parents, Mary and Terrance Hanson, on the couple’s wedding day. The four were found slain Sept. 29, 2005, in Aurora, Illinois.

My parents did so much for Eric. …When he was in trouble at school, my parents would meet with the school officials. When Eric was in trouble at home, they would go to counseling with him to try and help him out. When he was in trouble with the police, my parents would get him a lawyer and attend court with him. They supported him when he wanted to go to golf school, when he wanted to be a CNA, or when he was trying to work as a mortgage officer. They let him live under their roof, helping him get on his feet. … Eric murdered the only people in his life that loved him unconditionally (Williams, 2008). Like the Porco case, the Hanson case tends to deviate from Dr. Hare’s general observation of how psychopaths emerge in life. The quality of the family unit has no effect on the emergence of criminality in psychopaths. Depending on whether there are positive resources available in one’s environment, it is the type of criminality, violent versus non-violent, that a psychopath may gravitate toward that is an issue. It is this deviation from Dr. Hare’s observation that makes the red-collar crimFall 2008 THE FORENSIC EXAMINER 49

inals who, in this case, commit parricide so brutally and so misunderstood by the public. These individuals did not have aggravating environmental factors that one would logically assume accentuated the probability that they would resort to violence. Often, mental illness or abuse, common explanations used to rationalize these horrific situations, are helpful in protecting sacred values and reducing our own anxiety when explaining parricide. Yet, as the Porco and Hanson cases demonstrate, these common explanations may not apply because it is the shear conscienceless behavior of these individuals rejecting those sacred family and societal values that makes murder an option. We do not see Christopher Porco or Eric Hansen somehow sparing their mothers because they appear to have championed their son’s cause or attempted to bail them out. Their mother’s values were never important to them to begin with.

Prevention & Protection: Options for Parents & Other Family Members Parents who have concerns about behaviors that are similar to Christopher Porco’s or Eric Hanson’s can employ some preventative or protective measures, but as the ancient proverb states, a house divided against itself cannot stand. Family disagreement over how to deal with such a child can end in tragedy. Just as a business implements internal controls to safeguard its assets from being misappropriated, so too should parents implement their own internal controls to protect their own tangible and intangible assets. Perhaps the first key for parents is their acknowledgement that their adult child has psychopathic personality traits and behavioral patterns. Understandably, many parents struggle with this realization, which is often accompanied by the presence of pure and simple denial. If parents resort to persistent denial as a main coping mechanism, such as Joan Porco and Mary Hanson did, then parents may be placing themselves at a greater risk of being targets of familial destruction and violence. In many cases, adult psychopathic children send their loving parents to the poor house, both figuratively and literally speaking, as the confrontation between child and parents spirals downward. Many parents, through no fault of their own, do not possess the ability to navigate through the emotionally and perhaps financially difficult time that their adult child psychopath may create for their families. 50 THE FORENSIC EXAMINER Fall 2008

For those parents who have admitted there is a problem, there are a couple of measures they can implement to protect themselves. First of all, important documents or items, such as any financially related documents, wallets, and purses, must not under any circumstances be accessible to the child. For example, blank checks left around the home are a recipe for check fraud. Set up a lock box at a bank to store valuable items like jewelry, wills, and other items that could be stolen, manipulated, or forged. Parents should occasionally check credit history for unusual transactions that they are not aware of. It is imperative to check the origins of such transactions, as there is a real possibility that one’s child may be the cause of the transaction. For additional financial safety, fraud protection should be purchased. Contacting any lending institutions can prevent the child from applying for possible loans. Second, computer access codes must remain within the province of the parents. Christopher Porco had the parents’ eBay account and abused having this privilege as well as having access to his parents’ personal and tax information. Parents must take into account other sensitive information that their other children may possess that is accessible to the psychopathic child. Protective measures must take into account all parties that are capable of being exploited. Third, parents should make sure that the child does not have a key to their home and, if possible, should install an electronic device to notify the authorities of any intruders. It is imperative not to give the electronic access code of your home to your adult child. Christopher Porco was able to gain entry because his parents gave him the code to enter their home. Had Porco been forced to break in, perhaps the noise caused by the break in would have been enough of a warning for his parents. And finally, communication between the family and adult child should be handled with care, especially if such communications could be interpreted by the adult child as somehow threatening. The authors are not implying that the adult psychopathic child should not be confronted about his or her wrongdoings, but if these adult children still live with parents or they have access to their home, parents could be placed at risk for future physical violence and retaliation. So before confronting an adult child, confronting parties should carefully weigh out the desired results and develop a strategic plan of action should things not go as intended. A

parent has to be prepared to remove such a child from the household and go to the police when necessary. Although such steps may appear overly cautious or unnecessary, the amount of effort required to put these protective measures in place is minimal compared to the amount of effort required to reverse the damage of a poor credit record or the destructive impact of identity fraud. It is imperative that items such as utility bills, bank statements, social security cards, and records that have personal information be made inaccessible to the child. In the Hanson case, the police found credit card information traceable to the parents and his sister in his bedroom (Gutowski, 2005). The Porco case revealed the threats his father levied onto his son via e-mail and then how Christopher Porco’s parents then went on to express their love for their son. The Porco parents were straddling two approaches that do not work with these adult children. Self-preservation places these parents in a position where they may have to disassociate themselves from these children or they must accept family turmoil as the norm and the fact that their very lives may be in danger. Enabling the child simply emboldens a narcissistic sense of entitlement and parasitic behavior and reinforces the belief that he or she is immune from being held accountable for their actions. However, if the enabling ends, engaging the adult psychopathic child in power struggles can place parents and other loved ones at a greater risk for violent outcomes. Psychopaths have a strong need for psychological and/or physical control to reinforce their authority: For the psychopath, it’s about winning.

What Mental Health Professionals Can Do Mental health professionals are in a unique position to evaluate and assess the dynamics of the psychopathic adult child. By nature of the work with the mental health professional, he or she can document the anti-social behavior that is exhibited toward the family members. In particular, the mental health professional can document the assessment of the adult child’s drive for a particular want. The astute reader will note that much of the fraudulent activity Porco and Hanson directed against their family was intended to maintain a lifestyle. However, clinicians must be aware of their own anxiety level and value system in terms of whether they are willing to accept the fact that these individuals are www.acfei.com

capable of killing without evidence of abuse or mental illness. Clinicians who have an issue with this position are encouraged to outsource evaluations to another professional who understands that violence can be perpetrated against a family member as a solution to a perceived problem absent mental illness and abuse. With respect to formal evaluations of the adult child psychopath, the counselor is in a unique position by the nature of the work involved. More recent studies have shown that even if only in the short term, clinicians are getting better at predicting the risk of violence (Shaw, 2000). Most of the diagnostic tools used for evaluating psychopathic personalities require a detailed knowledge of the individual’s developmental history. For example, with the individual’s history of relationships with others, especially in light of empathy, learning from experience is typically gathered. In recent years the research in the mental health field has advanced to the point that the assessment of psychopathy in adolescents is possible. The advancement in the field is based in part on the reliability, validity, and utility of the psychopath construct in samples of adults.

Fraud Against Parents as a Violence Risk Factor to Consider Some have questioned the possibility of predicting a patient’s violence in clinical practice. In fact, actuarial and clinical research studies have identified risk factors associated with violence, including but not limited to demographic factors (gender), a history of violence, substance misuse, the presence of acute psychotic symptoms, and certain types of delusions (Shaw, 2000). Risk assessments estimating the probability of violence take these risk factors into consideration. There are some key factors that have been shown to be useful in predicting the imminent risk of violence. These factors include threats to identifiable victims, access to potential victims, and premeditation (such as the purchase

of a weapon). An essential first step in assessing risk of imminent violence is an inquiry into violent thoughts. In the Eric Hanson case, Hanson threatened to kill his sister if she disclosed the fraud to their parents. The authors believe, however, that if the child perpetrates fraud against the parents, that should also be considered a possible risk factor in predicting violence in conjunction with the other factors previously mentioned. In the Porco and Hanson cases, the fraud predated the murder along with other signs of anti-social behavior. The fact that violence against family members may not be evident does not mean that the child may not kill. In contrast to the Hanson case, the Porco case showed no evidence of family violence that predated the murder. The authors have observed from these cases and other fraud detection homicide cases that once the fraud detection becomes a reality for the defendant, a new set of factors converged together with their psychopathic traits that increased the likelihood of murder as an option for these children (Perri & Lichtenwald, 2007). Although psychopaths appear to be able to “blend in” with others by giving the appearance of human normalcy, their true colors may not be revealed until certain stressors show traits that one normally would not see (Perri & Lichtenwald, 2008). Thus, if the clinician knows that the client’s fraud detection has been detected and potentially exposed to law enforcement, the clinician should not be surprised if the clients exhibit behavioral changes. Even though the child may not have alluded to violence as a solution, it would be necessary for the clinician to further explore their thoughts for violence as a solution to their perceived problem. Moreover, even though the two cases represent adult children, this risk factor would still be present for those who are adolescents. The number of people who act on violent thoughts is unknown, but it is as important to inquire routinely into violent thoughts as it is into suicidal thoughts. Inquiry about

violent thoughts is, however, only the start. Focused risk assessment must follow, including inquiry into the circumstances of any previous violence, intention to act on violent thoughts, availability of weapons, and potential victims. This further assessment is analogous to the questioning following the expression of suicidal thoughts.

The Tarasoff Act—Duty of Disclosure In 1968 in California, Prosenjit Poddar met a fellow student, Tatiana Tarasoff, at a school dance. However, Tatiana was not interested in his advances. Poddar went to the university’s health service for an evaluation pertaining to depression and disclosed to his therapist that he had thoughts of harming, perhaps even killing, a girl identified as Tarasoff. The therapist and his supervisor decided to commit Poddar to a hospital and called the police to help. The police visited Poddar, found him rational, and warned him to stay away from Tarasoff. The psychiatrist did not proceed with the commitment. Two months later he shot and stabbed Tarasoff to death. He was charged with first degree murder, and Tarasoff ’s parents filed a negligence suit against the campus police and university health service. Following these events, the California Supreme Court mandated that when a patient threatens violence, the clinician has a special responsibility to evaluate the patient’s risk and take appropriate action to protect others from danger. Therapists are faced with the conflict between maintaining patient confidentiality and also protecting the public. Guidelines have been developed to help clinicians when a patient describes thoughts of violence. The first stage is a thorough clinical assessment of the threat, including obtaining collateral information from various sources. If a third party is thought to be at risk, the second stage involves the duty to protect that third party by informing the third party and the police. The third stage involves careful

The Tarasoff Ruling: When a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. The discharge of this duty may require the therapist to take one or more of various steps. Thus, it may call for him to warn the intended victim, to notify the police, or to take whatever steps are reasonably necessary under the circumstances. s Tatiana Tarasoff

(800) 423-9737

s Prosenjit Poddar

Fall 2008 THE FORENSIC EXAMINER 51

Mental Health Assessment Checklist Be Proactive Increase your understanding of professional obligations under the Tarasoff Act and duty to warn. Think through standard operating procedures and accounting for any occurrences. Know the policies and procedures of your specific context of practice. Make your standard operating procedures on this issue explicit both verbally and in writing upon any new client interview. Level of Expertise Be knowledgeable and open about your own level of professional competence and boundaries of practice. Know when a client should be referred for more extensive psychological testing or assessment. When referring a client out for more testing or assessment, know before an event surfaces where you will be referring clients out to and all of the community resources you have at your disposal. Local Services Understand that all states have very specific statutes regarding involuntary commitment criteria, protective custody, and other arresting powers. When accessing local emergency services, be it medical-, psychological-, or law-enforcement based, EMS/ERS workers and other law enforcement personnel have to abide by these specific statutes and their limitations. This means when calling for assistance, one needs to understand that specific information and specific behavioral details are necessary. If you call to say “I think J.Q. Citizen may hurt…,” be ready to say why. Trust Yourself Pay attention to your intuition in terms of deciding whether or not to gather additional information or to refer a client out for further examination. Keep in mind that the psychopath may not want to have you as their clinician once they know that you are not as capable of being manipulated as they once thought. Remember, they are reading your behavior just as you are reading theirs. Consider everything and dismiss nothing. Client History To the greatest extent possible, gather and review information about your client’s history, especially those factors that would increase one’s risk for future violence. Understand a good predictor of future violence is past violence (Weiner & Hess, 1999).

monitoring of the process of implementation of these measures and documentation of the clinician’s reasoning about the risk-benefit analysis. One case that exemplifies the application of the Tarasoff Act is the murders by Erik and Lyle Menendez. The two brothers went into their parents’ home and killed them with a shotgun. The authors believe that the Menendez brothers might never have been caught were it not for their act of threatening their therapist (Thorton, 1995). When Erik Menedez originally confessed the killing to his therapist, that confession was privileged. However, once he and his brother Lyle threatened the therapist because he was aware of 52 THE FORENSIC EXAMINER Fall 2008

the murder, a different set of dynamics followed, especially if the therapist believed he was in danger. Some of the taped therapy sessions of the Menendez brothers were admitted because at the trial the brothers were the ones who made their mental state at the time of the crime an issue as to why they killed their parents.

Does Fraud as a Potential Violence Risk Factor Activate Tarasoff? The authors believe that psychopathic and anti-social traits coupled with fraud perpetrated against parents may be a risk factor for predicting violence. However, is the clinician obligated under Tarasoff to warn the parents

that confronting a child of fraud detection increases their chances of being targets of violence? This is a difficult question, but if a clinician were to observe the escalation of family turmoil as we have seen in the Porco and Hanson cases, the activation of Tarasoff may be warranted, especially because the clinician knows the specific names of the fraud victims. As is currently recognized under Tarasoff, specificity as to known potential victims increases the clinician’s obligation to warn. If the clinician is working with a psychopath, that in and of itself may be reason enough to warn parents, particularly if there have been episodes of family violence, fraud directed at family, or other non-violent but anti-social behavior. Two cases have been presented in this article that resulted in tragic consequences to the parents and other family members because the family did not assess the likelihood of being targets. One of the interesting facts that is observed in these parricide cases is that there appears to be a change in the person’s behavior when confronted and their fraud has been discovered. In the Porco case, after the parents confronted Christopher, they did not hear from him after repeated attempts to get in contact with him. It is almost as if there was a lull before the storm, as the title of this article states, where the child is retracting into himself and planning his next move, which is to silence the parents. For example, several days after the father confronted Christopher Porco about the bank loan, the mother e-mailed Christopher and stated, “Dad and I are very upset about your not communicating with us. We don’t know if you are well or mentally stable … Dad is about to have a nervous breakdown. Do you understand that you are not behaving responsibly? If you don’t call I will be there to see you tomorrow. For God’s sake, call” (Lyons, 2005a). This same quality is observed with the Hanson case. There is a time lag between the alleged fraud detection, the confrontation with the sister, and the eventual murder. It has the markings of a premeditated murder—and not one that is driven by passion. It may be proper for clinicians to legally protect themselves from negligence lawsuits if they discretely address family members about the fraud, because the risks of potential violence escalate when there is an indication of other anti-social behavior. Referring to the Porco case as an example, it is documented that Porco stole from his employer, stole from his parents, was heavily in debt, forged www.acfei.com

documents for school and banks, and committed identity fraud. Interestingly, there were reports from classmates at the University of Rochester that Porco had become an increasingly heavy drinker, had threatened to kill a female classmate, and had to be pulled off another person during a fight at a party when it seemed that Porco would not stop choking him (McNiff & Cuomo, 2006). In the authors’ opinions, if Porco were in treatment, these fixed factors are telling of an individual who has no regard for others and is willing to do what he has to in order to maintain the status quo. An individual such as Christopher Porco or Eric Hanson is willing to use violence as a solution to a problem (Perri & Lichtenwald, 2007). It may be useful when assessing potential harm to the family for the clinician to think through a threat assessment by considering histories of criminality, antisocial behavior, and fraud directed at family members. The authors recommend that the clinician meet with family members to discuss strategies if there is a confrontation with their child about the fraud detection, especially if there is an escalation in fraudulent and anti-social behavior. Dr. Heide believes that efforts should be placed on prevention and intervention before parent(s) are killed. According to Dr. Heide, half of the parricide incidents stem from arguments, and it can be seen that there were acrimonious feelings between Porco and his parents when they detected his fraud schemes and of Hanson and his sister when she confronted him about his fraud. It would be worthwhile for clinicians to examine the probability of a violent response in patients who may be confronted by their family concerning their fraud. The authors recommend that clinicians take into consideration the mental health assessment checklist and grid outlined below.

Conclusion Although the number of parricides committed by children killing their parents is small compared to the overall homicide rate, there are indications that reasons other than mental illness or abuse account for the motivations behind these murders. The authors advance the proposition that these children exhibit psychopathic and anti-social traits facilitating the use of murder as a solution. Given that families must deal with these children, families must safeguard themselves and their personal belongings. It is crucial that they understand that the child they are dealing with may have deficits that severely impact the ability of the family to parent as they would a normal child. Moreover, if the child is being treated by a clinician, the clinician should consider fraud perpetrated against a parent as a potential violence risk factor. Based on fraud and the other risk factors, the clinician can then determine whether they are (800) 423-9737

obligated under Tarasoff to warn the parents and the police of potential violence by the patient.

Methods and References Information for the murder-for-hire cases came from documents posted on the Worldwide Web and research articles. The documents used in this study are included in the reference section. Barnum, A. (2008a, February 27). Eric Hanson: Man who killed 4 family members had personality disorder, psychologist testifies. Chicago Tribune. Retrieved June 16, 2008, from http://newsgroups. derkeiler.com/Archive/Alt/alt.true−crime/2008−03/msg00266.html Barnum, A. (2008b, February 2). Ex-fiance testifies that Eric Hanson, accused of killing 4 relatives, threatened her. Chicago Tribune. Retrieved June 16, 2008, from http://newsgroups.derkeiler. com/Archive/Alt/alt.true−crime/2008−02/msg00178.html Barnum, A. (2008c, February 16). Hanson takes stand to deny killing relatives, stealing $140,000. Chicago Tribune. Retrieved June 16, 2008, from http://www.chicagotribune.com/news/local/ chi-hanson_both.2feb16,1,7546014.story Bell, R. (2007). Suspect. Retrieved June 16, 2008, from http:// www.crimelibrary.com Boots, D., & Heide, K. (2006). Parricides in the media: A content analysis of available reports across cultures. International Journal of Offender Therapy and Comparative Criminology, 50, 418–445. Burghat, T. (n.d.). Trial to begin for man accused of killing family. Associated Press. Retrieved June 16, 2008, from http://www.nwherald.com/articles/2008/01/30/news/state/doc47a01f0e85bd1587709041.txt Cooke, G. (2001). Parricide. Journal of Threat Assessment, 1, 35–45. Dawson, J. M., & Langan, P. A. (1994, July). Murder in Families. U.S. Department of Justice: Bureau of Justice Statistics. Retrieved June 18, 2008, from http://www.ce-credit.com/aricles/100210/ MurderFamilies100210.pdf Former co-worker. (2007, January 6). Blog site. Retrieved June 16, 2008, from www.topix.com Frick, P. J., O’Brien, B.S., Wootton, J.M., & McBurnett, K. (1994). Psychopathy and conduct problems in children. Journal of Abnormal Psychology, 103, 700–707. Golz, J. (2008a, February 20). Hanson found guilty of killing four family members. Chicago Sun-Times. Retrieved June 18, 2008, from http://www.suntimes.com/news/ metro/805558,hansonguilty022008.article Golz, J. (2008b, February 27). Jury hears Hanson’s troubled past. Chicago Sun-Times. Golz, J. (2008c, February 17). Defendant takes the stand, admits to financial problems. Chicago Sun-Times. Golz, J. (2008d, January 13). Suspect charged in killing of four family members. Chicago Sun-Times. Golz, J. (2008e, February 8). Accused killer charged $80,000 on mom’s cards. Chicago Sun-Times. Retrieved June 17, 2008, from http://www.suburbanchicagonews.com/beaconnews/ news/783503,2_1_AU08_HANSON_S1.article Gregory, T. (2008a, January 14). Jury selection to begin for 2005 quadruple killing. Chicago Tribune. Retrieved June 17, 2008, from http://www.chicagotribune.com/news/chi-hanson_monjan14,1,6222654.story Gregory, T. (2008b, February 6). Sister of slaying victim testifies about phone calls, threat at brother’s murder trial. Chicago Tribune. Retrieved June 17, 2008, from http://www.chicagotribune.com/ news/local/chi-hanson-trial_webfeb06,1,1324846.story Gregory, T., & Barnum, A. (2008, February 27). Jury in Eric Hanson murder case begins sentencing deliberations. Chicago Tribune. Retrieved June 17, 2008, from http://www.chicagotribune.com/news.local/chi-hanson_web.28feb28,1,7387409. story?track=rss Grondahl, P. (2006, August 13). Porco labeled a psycho killer. Times Union. Retrieved June 17, 2008, from http://www.timesunion.com/AspStories/story.asp?storyID=508011&amp;amp;ca tegory=PORCO&BCCode=&newsdate=8/16/2006 Gutowski, C. (2005, October 2). Fireplace poker could be cru-

Mental Health Assessment Grid Discuss and Develop Safety Procedures With Family Investigate emergency procedures available in one’s area Know when to notify police, relatives, and family of your concerns Safety Procedures Professionals

for

Duty to warn Understand Tarasoff obligations Self-protection from client manipulation and physical harm Interventions Parenting techniques that support environmental consistency Family education about psychopathic traits and patterns of manipulation

Fall 2008 THE FORENSIC EXAMINER 53

cial piece of puzzle. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=114677 Gutowski, C. (2008a, January 11). After more than two years, Naperville murder trial set to begin. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald. com/story/print/?id=111080 Gutowski, C. (2008b, February 27). Fate of killer hangs in balance. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=142858 Gutowski, C. (2008c, February 27). Hanson sentenced to death for murder of 4 family members. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald. com/story/?id=143146 Gutowski, C. (2008d, January 27). How authorities came to charge Eric Hanson with his family’s murder. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=122232 Gutowski, C. (2008e, February 16). Hanson denies killings. Daily Herald. Retrieved June 17, 2008, from http:// www.dailyherald.com/story/?id=136276 Gutowski, C. (2008f, January 28). Eric Hanson: “All I know is, I didn’t do it.” Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/ story/?id=122754 Hanson, D. (2006, December 11). Blog site. Retrieved June 17, 2008, from www.topix.com Hare, R. (1991). The Hare psychopathy checklist: Revised manual. Toronto, Ontario, Canada: Multi-Health Systems, Inc. Hare, R. (1993). Without conscience: The disturbing world of the psychopaths among us. New York: The Guilford Press, Inc. Heide, K. (1995). Dangerously antisocial youths who kill their parents. Journal of Police and Criminal Psychology, 10, 10–14. Heide, K. (1992, March). Why kids kill parents: Child abuse and adolescent homicide. Ohio State University Press. Heide, K., & Petee, T. (2007, November). Parricide, an empirical analysis of 24 years of U.S. data. Journal of Interpersonal Violence, 22, 1382–1399. Heide, K., & Boots, D. (2007, December). A comparative analysis of media reports of U.S. parricide cases with officially reported national crime data and psychiatric and psychological literature. International Journal of Offender Therapy and Comparative Criminology, 51, 646–675. Karlin, R. (2006, July 24). Forged transcripts center of attention. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com/AspStories/story.asp?s toryID=502280&category=PORCO&BCCode=&news date=6/18/2008 Lyons, B. (2005a, November 18). E-mails reveal porco family rift. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com/AspStories/story.asp?story ID=420939&category=PORCO&BCCode=&newsdat e=6/18/08 Lyons, B. (2005b, November 4). Unsolved mystery. Times Union. Retrieved June 18, 2008, from http://www. timesunion.com Lyons, B. (2006a, December 13). Porco draws harsh words, lengthy sentence. Retrieved June 18, 2008, from www.timesunion.com/AspStories/story.asp?storyID=4160 81&category=PORCO&BCCode=&newsdate=6/18/08 Lyons, B. (2006b, July 21). E-mails illustrate father, son at odds. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com/AspStories/story.asp?story ID=501545&category=PORCO&BCCode=&newsdat e=6/18/2008 Lyons, B. (2006c, August 1). Joan Porco tells of anger. Times Union. Retrieved June 18, 2008, from http://www. timesunion.com/AspStories/story.asp?storyID=504489& category=PORCO&BCCode=&newsdate=6/18/2008 McNiff, E., & Cuomo, C. (2006, July 12). Amid the carnage, a mother’s love. ABCNews.go.com. Retrieved June 18,

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2008, from http://www.abcnews.go.com/US/LegalCenter/ story?id=2179489&page=1 Meloy, J. (2000). Violent risk and threat assessment: A practical guide for mental health and criminal justice professionals. San Diego, CA: Specialized Training Services. Merriam-Webster’s Collegiate Dictionary (11th ed.). (2004). Springfield, MA: Merriam-Webster, Inc. Perri, F. S., & Lichtenwald, T. G. (2007, December). A proposed addition to the FBI criminal classification manual. The Forensic Examiner, 16(4), 18–30. Perri, F. S., & Lichtenwald, T. G. (2008, March). The arrogant chameleons: Exposing fraud detection homicide. The Forensic Examiner, 17(1), 26–33. Pergament, R. (2007). The second trial. Retrieved June 18, 2008, from http://www.crimelibrary.com Rozek, D. (2005, November 5). Son charged in quadruple murder: Naperville man killed to hide theft. Chicago Sun-Times. Retrieved June 18, 2008, from http://www.findarticles.com/p/articles/mi_qn4155/is_20051105?pnum= 2&opg=n15910884 Shaw, J. (2000, April 22). Assessing the risk of violence in patients. British Medical Journal, 320(7242), 1088–1089.

Thorton, H. (1995, October). Hung jury: The diary of a Menendez juror. Temple University Press. Williams, J. (2008, February 23). Victim-impact statement of Jennifer Williams. Daily Herald. Retrieved June 18, 2008, from http://www.dailyherald.com/ story/?id=140796 Willis, A. I., Herve, H., & Yuille, J. (2006). The psychopath: Theory, research, and practice. New Jersey: Lawrence Erlbaum Associates. Weiner, I., and Hess, A. (1999). The handbook of forensic psychology. (2nd ed.). New York: Wiley Publishing. Whiteley, J. S. (1998, June). The antisocial personality disorder: Strategies for psychotherapy. In C. Cordess, & M. Cox (Eds.), Forensic psychotherapy: Crime, psychodynamics & the offender patient (pp. 333–345). Philadelphia: Jessica Kingsley Publishers. n Earn CE Credit To earn CE credit, complete the exam for this article on page 39 or complete the exam online at www.acfei.com (select “Online CE”).

About the Authors Frank S. Perri, JD, MBA, CPA, lead author of this research project, has worked as a trial attorney in the criminal law field for over 10 years. Areas of concentration include white-collar crimes and homicide. Mr. Perri received his Juris Doctor from the University of Illinois. He received his Master in Business Administration from Case Western Reserve University and his Bachelor’s of Arts in Economics from Union College. In addition, Mr. Perri is a licensed Certified Public Accountant. Mr. Perri frequently lectures on white- and red-collar crimes. You may contact Mr. Perri via e-mail at frankperri@hotmail.com. Terrance G. Lichtenwald, PhD, DABFE, DABFM, DABPS, is a Life Fellow and Diplomate. He earned his Doctorate in Clinical Psychology from an American Psychological Association (APA) approved program and completed an APA approved internship. He has a Masters degree in Clinical Psychology and a second Masters in School Psychology. He earned his Bachelor’s degree in Broad Field Social Studies and Psychology. Dr. Lichtenwald has spent 18 years completing forensic, behavioral, psychological and security evaluations as well as threat assessments. Research interests are in smuggling, white-collar crime, and security/ threat assessments. Paula MacKenzie, MSEd., PsyD Candidate November 2008, ACFEI member, earned her Bachelor’s of Science degree from Bradley University majoring in Psychology and Social Services and a Master’s of Science Degree in Education where she specialized in Counseling Psychology at Northern Illinois University. Currently, Ms. MacKenzie is completing the last phases of her Doctorate Degree in Clinical Psychology with a specialization in Forensic Psychology. Ms. Mackenzie’s specialization also includes emergency services, analysis of extremist group behavior, assessment of psychopathology, and psychological testing and assessment.

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CE ARTICLE 2: Necrotic Spider or Tick Bite II (pages 56–63) ATTENTION ACFEI MEMBERS: Journal-Learning CEs are now FREE when taken online. Visit www.acfei.com. TO RECEIVE CE CREDIT FOR THIS ARTICLE

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LEARNING OBJECTIVES

KEY WORDS: arachnidism, necrosis, symptoms, comparative, zoonoses

After studying this article, participants should be better able to do the following:

TARGET AUDIENCE: medical investigators, forensic pathologists

1. Name the circumstances and the signs and symptoms of necrotic arachnidism as related to members of the Sicariidae and Clubionidae. 2. List the circumstances and the signs and symptoms of important forms of zoonotic, mostly tick-transmitted, illness. 3. Articulate the comparative symptomatic features (local and systemic) pertaining to the two forms of illness and of relevance in forensic investigation. 4. Communicate the danger associated with therapies of vasodilation at bite sites.

PROGRAM LEVEL: update DISCLOSURE: The author has nothing to disclose. PREREQUISITES: none

ABSTRACT Spider bites and tick bites need careful diagnostic differentiation in clinical and forensic investigation, particularly if associated with severe systemic illness. This article, continuing part I of the Winter 2007 issue of The Forensic Examiner, compares envenomation by brown spiders (Sicariidae), six-eyed crab spiders (Sicariidae), sac spiders (Clubionidae) to tick-transmitted or other zoonotic illness—babesiosis (with notes on Rocky Mountain spotted fever), Lyme disease, tularemia, Ebola hemorrhagic fever, African tick-bite fever. Spider bite, compared to tick bite, is more readily necrotic and presents sooner with systemic symptoms. Vasodilation therapies, facilitating the venom’s entry into blood at bite sites, are warned against.

POST CE TEST QUESTIONS

(Answer the following questions after reading the article)

1 True or false: Loxosceles laeta, the brown spider indigenous to western South America, is present in Los Angeles County in the United States, posing a potential public health threat. a. True b. False 2 Which tick-transmitted illness is most readily causing an indolent ulcer at the site of inoculation? a. Lyme disease b. Tularemia c. Babesiosis d. Rocky Mountain spotted fever

4 Locally applied heat or other measure of vasodilation is dangerous in spider or tick bite because: a. The necrotizing enzyme sphingomyelinase appears to be activated by heat applied to spider bite sites. b. Locally or systemically applied measures of vasodilation (heat, medicinal vasodilators, alcohol, etc.) are bound to facilitate the entry of venom or of tick-borne pathogens into the blood stream. c. When entering the blood stream, the hemolytic venom of the brown recluse spider present in the United States can cause hemoglobinuria and, in severe cases, disseminated intravascular coagulation, coma, and renal failure. d. All of the above

3 In South Africa, which of the following symptom complexes has been associated with both Cheiracanthium spider bite and African tick-bite fever (caused by Rickettsia africae)? a. Vomiting, diarrhea, collapse b. Adenopathy, tachycardia, fever c. Rash, fever, headache d. Anemia, muscle ache, drowsiness

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CE Article: (ACFEI, CFC) 1 CE credit for this article

By Cornelia Richardson-Boedler

Necrotic Spider or Tick Bite? Warning Against Dermal Therapies Using Heat or Other Vasodilator pider bites and tick bites need careful diagnostic differentiation in clinical and forensic investigation, particularly if associated with severe systemic illness. This article, continuing part I of the Winter 2007 issue of The Forensic Examiner, compares envenomation by brown spiders (Sicariidae), six-eyed crab spiders (Sicariidae), and sac spiders (Clubionidae) to tick-transmitted or other zoonotic illnesses, including babesiosis (with notes on Rocky Mountain spotted fever), Lyme disease, tularemia, Ebola hemorrhagic fever, and African tick-bite fever. Spider bites, compared to tick bites, are more readily necrotic and present sooner with systemic symptoms. Vasodilation therapies, facilitating the venom’s entry into the blood at bite sites, are warned against. Sicariidae, Genus Loxosceles Recent reviews from the United States (Hogan, Barbaro, & Winkel, 2004; Swanson & Vetter, 2005; Wendell, 2003) and Brazil (da Silva et al., 2004), as well as recent clinical and epidemiological studies from Tennessee, United States (Sams et al., 2001), and Santa Catarina, Brazil (Sezerino et al., 1998), have addressed the public health threat of necrotic and systemic loxoscelism, with yet some uncertainties and controversies regarding therapies. Within the United States, the web-weaving brown recluse spider, Loxosceles reclusa (Gertsch & Mulaik, 1940) of the Sicariidae, inhabits mainly the southcentral region, roughly reaching from a northern line of demarcation (southeastern Nebraska to 56 THE FORENSIC EXAMINER Fall 2008

southern Ohio) south to the Gulf of Mexico, excepting Florida and southwestern Texas (Swanson & Vetter, 2005; Vetter 2000, 2005). From bordering regions, suspected bites have been reported from the Chicago area (Erickson, Hryhorczuk, Lipscomb, Burda, & Greenberg, 1990), Montana (Lee, Buker, & Petersen, 1969), and Idaho (Wand, 1972). The spider’s brown body, marked by a sunken cephalothorax, reaches about 10 mm in length in the female; males are somewhat smaller. Immobilized at temperatures around 5°C, the species retreats in a silken tube during winter and appears most active in summer and early fall (Hite, Gladney, Lancaster, & Whitcomb, 1966). It may enter homes seeking www.acfei.com

Brown Recluse (Loxosceles reclusa), a venomous spider. Dallas, Texas.

Credit: Nature's Images / Photo Researchers, Inc

dark, secluded places. For correct identification, the six eyes are important, occurring as pairs in the 100 Loxosceles species worldwide and contrasting with the eight eyes of most spiders (Swanson & Vetter, 2005). Loxosceles laeta of South America is the larger species. It is known to cause, more frequently than L. reclusa, bites with severe systemic reactions (viscerocutaneous loxoscelism) (Hogan et al., 2004). These reactions have been described as â&#x20AC;&#x153;unfailinglyâ&#x20AC;? lethal unless rapidly treated. The spider, imported into the United States, prefers old houses and is drawn to furniture, clothing, and cracks in walls (Schenone & Prats, 1961). It appears in circumscribed urban areas of Los Angeles County, as in the towns of Alhambra, Sierra Madre (reviewed in Schenone, Rojas, Reyes, Villarroel, & Suarez, 1970), and San Gabriel (Vetter, 2005). Presently, the spider is thriving in commercial basements and steam tunnels (Vetter, Cushing, Crawford, & Royce, 2003), with no known confirmed bites. Yet, one amputation and one death have been associated with loxoscelism in California (Vetter et al., 2003). Additionally, a few native Loxosceles species are found in the dry, relatively unpopulated southwestern regions of the United States: L. deserta, L. arizonica, L. apachea, L. blanda, and L. devia, in that order, claim specific regions from southern California to southwestern Texas (Swanson & Vetter, 2005). L. rufescens is found scattered throughout the United States, with no known cases of verified envenoming (Vetter, 2005). It has been noted in Chicago (Vetter & Bush, 2004), California, and is present in other countries, as in the Mediterranean Sea countries and Japan (Madon & Hall, 1970). (800) 423-9737

Symptom Analysis In 19 documented L. reclusa bites, local erythema and local pain were most commonly encountered. Eleven patients developed necrosis, with a mean healing period of 5.6 weeks. Only a few patients suffered systemic symptoms (Sams et al., 2001). Such symptoms may appear 1 day post-bite and include fever, chills, malaise, nausea, vomiting, and arthralgia. In some systemic cases, a hemolytic anemia is observed as late as on the third day post-bite, often with hemoglobinuria and possibly causing fatal renal failure. Serious manifestations also include hematuria, anuria, dehydration, raised white blood cell count, thrombocytopenia, disseminated intravascular coagulation (DIC), liver injury (Wasserman & Anderson, 1984), and jaundice (Nance, 1961). Coma may occur and appears closely associated with the anuria, possibly progressing to death (Anderson, 1982). Rhabdomyolysis may contribute to renal failure (Hogan et al., 2004).

Fall 2008 THE FORENSIC EXAMINER 57

s Sac spider of the family Clubionidae, genus Cheiracanthium. Photo credit: Photo Researchers, Inc.

Wilson and King (1990) described the typical initial discoloration of severe L. reclusa bites as blue (centralized thrombosis leading to necrosis), white (halo around lesion due to vasoconstriction), and red (large area of erythema). Bite sites may present with edema, induration, pain, pruritus, and blisters. According to Anderson (1982), strong local pain due to infarction of the outer skin layer and a gradual sinking of the expanding blue area below the level of the normal skin signal impending necrosis. Auer and Hershey (1974) observed: The blistered epidermis of the necrotizing area sloughs during the second week post-bite, revealing an ulcerous, gangrenous cavity. The remaining dead skin may function as dry eschar, but, with continuation of the necrosis, can be lost weeks later. The necrosis is severe and particularly indolent in fatty areas of the body. In the more serious L. laeta envenomation, the diagnostic information from confirmed and probable cases revealed that the violet-black, blistered then dried, and parchment-like skin is sloughed usually during the second week post-bite, sometimes revealing even the underlying muscles and aponeuroses. During the hours or days post-bite, victims suffer local edema (which increasingly recedes from the violet area) and particularly strong, insomnia-causing local pains not alleviated by pain medication (Macchiavello, 1947). Schenone and Prats (1961) noted painful local edema developing within 1 hour post-bite, spreading extensively from the bite site and gradually deepening in color. Systemic signs and symptoms associated with L. laeta envenomation have included fever, restlessness, nervousness, insomnia, and, infrequently, darkened urine or hematuria (Macchiavello, 1947; Schenone & Prats, 1961). As observed in a clinic, the urinary changes tend to develop within 24 hours post-bite, often accompanied by a steep rise in temperature and leading to jaundice, cyanosis, dyspnea, anuria, coma, and sometimes death. For example, of 40 patients treated, four suffered viscerocutaneous loxoscelism and one died, showing gastric erosion (postmortem). Thirty-one of the cases had occurred in spring and summer in Chile (Schenone & Prats, 1961). A study by Sezerino et al. (1998) including proven bites by L. laeta or Loxosceles intermedia noted that the percentage of cases with viscerocutaneous (sometimes fatal) involvement was highest in those regions of South America where L. laeta was prominent, as in Chile, or near prominent, as in the Brazilian state of Santa Catarina; in contrast, some reports of Brazilian regions with a prevalence of either Loxosceles gaucho or L. intermedia had shown zero deaths. Compared to L. reclusa and L. laeta, the species L. rufescens is linked with relatively mild symptoms. Bite victims in Israel suffered local pain and blis-

58 THE FORENSIC EXAMINER Fall 2008

tering, nonserious necrosis with eschar formation, fever, weakness, joint and muscle pain, lymphadenopathy, pharyngitis, and generalized papular erythematous rash. One case in 21 showed transient microscopic hematuria (Borkan, Gross, Lubin, & Oryan, 1995).

Detection Tests, Antivenom, and Homeopathic Therapies Loxosceles envenoming detection tests and other diagnostic laboratory aids are available (Hogan et al., 2004). For example, an enzyme-linked immunosorbent assay (ELISA) detects venom recovered from bite sites by aspirate, biopsy, or hair sample for at least 7 days post-bite (in mammals) (Gomez, Krywko, & Stoecker, 2002). Immunity detection by use of a lymphocyte transformation test identifies a brown recluse bite in humans as early as 4â&#x20AC;&#x201C;6 weeks post-bite (Berger, Millikan, & Conway, 1973). Antivenom therapies, already practiced in South America (Hogan et al., 2004; Sezerino et al., 1998; da Silva et al., 2004), have been investigated in the United States (reviewed in Erickson et al., 1990; Swanson & Vetter, 2005). The Instituto Butantan in SĂŁo Paulo, Brazil produces effective polyvalent (Loxosceles, Phoneutria, Tityus) and Loxosceles antivenoms. Some patients, such as 6.5% of 125 victims treated intravenously with Loxosceles antivenom, have developed side effects including urticaria, nausea, and bronchospasms (Sezerino et al., 1998). A potential vaccine derived from L. intermedia venom by use of a nontoxic recombinant protein, of interest for public health measures in Loxosceles-infested regions, has been tested in rodents in South America (reviewed in da Silva et al., 2004; Swanson & Vetter, 2005). Alternative medicine recommends a homeopathic prophylaxis and treatment (Richardson-Boedler, 1998, 2002).

Prevention Measures of Systemic Loxoscelism Anderson (1977) noted that hemolysis in loxoscelism is caused by the direct destructive action of the venom on cell walls and aggravated by mechanical injury to erythrocytes present at the bite site due to vascular coagulation. The advice given is to rest the part bitten, apply padding over the bite site, and splint, if a limb is involved, to prevent further trauma (Anderson, 1982). Rest, ice compresses, and elevation (RICE) are commonly prescribed (Erickson et al., 1990; Sams et al., 2001; Wilson & King, 1990). Applied heat has been observed to increase the severity of the lesion and was suggested to activate the necrotizing lipase, sphingomyelinase D (King, 1985). Strenuous exercise is not recommended (King & Rees, 1986). Richardson-Boedler (1998) suggested: A severe systemic reaction in loxoscelism is facilitated by www.acfei.com

local (vasodilating) treatment with heat or alcohol (also alcohol consumption) and local trauma received at the moment of the bite, such as hitting the biting spider (and one’s body). Severe systemic loxoscelism has been viewed as caused by the absorption rather than intradermal (extravascular) presence of the venom (Macchiavello, 1947; Wasserman & Anderson, 1984; Wilson & King, 1990). Machiavello’s (1947) early suggestion that the viscerocutaneous arachnidism was caused by the direct entry of the venom into a blood vessel was later verified by laboratory evidence (Denny, Dillaha, & Morgan, 1964; Rees, O’Leary, & King, 1983). Public guidelines posted at the hospital Vital Brazil in São Paulo, Brazil, recommend to avoid alcohol intake in snake envenomation; yet, in spider bites (including Loxosceles bite) or scorpion stings, the public is admonished to apply warm compresses to alleviate local pain before seeking medical aid (Museu Instituto Butantan, 2001a, b; personal visit of January 11, 2005). In a Brazilian review, however, ice, elevation, rest, and avoidance of heat are named as established therapeutic prescriptions in loxoscelism (da Silva et al., 2004). In the Pacific Northwest (see Part 1), local heat application has been prescribed for suspected spider bite, such as to alleviate a local swelling or the numbness of a limb bitten; moreover, the sympatholytic agent Regitine (phentolamine), applied subcutaneously, is one of the medicines routinely chosen (see Akre & Myhre, 1991). Regitine is known to counteract necrosis and trigger vasodilation but has not proven effective in loxoscelism (Fardon, Wingo, Robinson, & Masters, 1967; Wasserman & Anderson, 1984). Topical nitroglycerin, used by physicians in the form of patches to prevent necrosis from L. reclusa bites, has been tested in rabbits inoculated with Loxosceles venom. Applied as paste to the skin lesion every 6 hours for 3 days, it did not prevent necrosis. However, compared to untreated inoculated controls, it caused heightened inflammation score and a twofold increase in creatine phosphokinase levels. Vasodilation, caused by topical nitroglycerin and viewed as aiding in the removal of toxins from envenomation sites and in the prevention of thrombosis, was suggested to increase, however, the risk of systemic toxicity (Lowry, Bradfield, Carroll, Brewer, & Meggs, 2001). As reported, heat has been applied in suspected L. reclusa bites to the entire limb affected (2 days post-bite) (Lee et al., 1969), directly to the lesion (3 days post-bite) (Erickson et al., 1990), or to the excised area (Vetter & Bush, 2002). Vasodilators and nitroglycerin are listed as specific therapies in loxoscelism (Swanson & Vetter, 2005), among antivenom, hyperbaric oxygen, dapsone, antihistamines, antibiotics, dextran, glucocorticoids, hepa(800) 423-9737

rin, curettage, surgical excision, and electric shock. The collaborators recommended to subject therapies to controlled, randomized trials, as some may be toxic. Locally or systemically applied measures that increase the blood flow to the affected area should be detrimental in any form of envenomation associated with a potential hematological severity.

s Bull’s eye rash (Erythema migrans), an early symptom of Lyme disease. Photo credit: Larry Mulvehill / Photo Researchers, Inc

Babesiosis (With Notes on Rocky Mountain Spotted Fever) Clinical symptoms similar to those of severe systemic loxoscelism (and those of malaria) are caused by the zoonotic hematological illness of babesiosis, triggered in humans and animals by a tickborne protozoal parasite (genus Babesia) that attacks erythrocytes. Cases of babesiosis, caused by Babesia microti, found transmitted by (nymphal) Ixodes dammini ticks (Dammin, Spielman, Benach, & Piesman, 1981; Spielman, Clifford, Piesman, & Corwin, 1979), have been reported particularly from the northeastern United States (Gombert et al., 1982; Meldrum, Birkhead, White, Benach, & Morse, 1992) and also from Wisconsin (Iacopino & Earnhart, 1990; Steketee et al., 1985). The first case documented in the United States was triggered by an unknown Babesia species in 1966 in northern California (Scholtens, Braff, Healy, & Gleason, 1968). The disease occurs more readily in the elderly (Benach & Habicht, 1981; Gombert et al., 1982). A characteristic skin lesion at the site of inoculation is not noted (Dammin et al., 1981).

s A New View on Lyme disease: Rodents Hold the Key to Annual Risk. Gross L, PLoS Biology Vol. 4/6/2006, e182.

Fall 2008 THE FORENSIC EXAMINER 59

The incubation time for babesiosis, which is treated with clindamycin and quinine in combination, is ca. 1 to 2 weeks (Anonymous, 1986). Babesiosis can be asymptomatic or, in the other extreme, fatal. Symptoms include fever, shaking chills, headache, dark urine due to hemolytic anemia, and thrombocytopenia. Splenectomized patients are at risk of a fatal outcome (Gombert et al., 1982). With severe hemolytic anemia, jaundice, respiratory distress syndrome, and hepatomegaly have also been observed (Iacopino & Earnhart, 1990). Comparably, in Rocky Mountain spotted fever, Rickettsia rickettsii pathogens attack small blood vessels, multiplying in damaged endothelial cells. The illness, at times fatal, may progress to diffuse generalized systemic vasculitis, affecting internal organs; the incubation time is 5 to 7 days. Tick vectors are Dermacentor andersoni in the west, Dermacentor variabilis in the east and south (Anonymous, 1986). Initial symptoms include fever (high at night), headache, myalgia, nausea, vomiting, and maculopapular, later petechial and ecchymotic rash worse warmth and first on extremities (Fischer, 1990).

Lyme Disease First noted in the northeastern United States in 1975, Lyme disease has spread through most parts of the country. Caused by Borrelia burgdorferi (spirochete), mostly Ixodestransmitted, it is initially treated with tetracycline. The incubation time is usually 1 to 2 weeks, when the local erythema chronicum migrans (often also smaller secondary lesions) and systemic symptoms appear, including malaise, headache, fever, myalgia, arthralgia, and lymphadenopathy. Weeks later, a second stage of illness manifests with neurological and cardiac symptoms, followed weeks or years later by arthritis (third stage) (Anonymous, 1986). In contrast to the main lesion, which forms a growing circular area (red on the outer border, clearing in center), secondary lesions are smaller, less prone to expand, and may form several days after onset of the main lesion (Anonymous, 1986). In some patients with Lyme disease, the erythema chronicum migrans may develop within hours or days of the bite and have a vesicular or necrotic center and bluish discoloration. Malaise, fever, and arthralgia may also commence during the days following the bite, thus moving the manifestations closer to those of local and (mild) systemic 60 THE FORENSIC EXAMINER Fall 2008

loxoscelism. Yet, atypical for systemic loxoscelism, the clinical course in the two reported cases, such as in regard to the arthralgic pains, was prolonged (Osterhoudt, Zaoutis, & Zorc, 2002; Rosenstein & Kramer, 1987). In regions endemic for I. dammini, but nonendemic for Loxosceles spiders, Lyme disease should be suspected before brown recluse bite (Rosenstein & Kramer, 1987).

Tularemia Transmitted by rodents (“rabbit fever”) and most hard ticks, tularemia is caused by the coccobacillus Francisella (Pasteurella) tularensis and treated with streptomycin. The incubation time is 5 to 10 days (Anonymous, 1986). It has ranged from 1 to 21 days, with a mean of 4.2 days, in 30 documented cases (Sanders & Hahn, 1968). Along with influenza-like symptoms, such as fever, chills, malaise, headache, vomiting, and diarrhea, four types of tularemia were encountered among 106 cases: [1] ulceroglandular in 74 cases, [2] typhoidal in 16 cases, [3] glandular in 15 cases, and [4] oculoglandular in 1 case. Renal failure preceded death in 2 cases. The illness, first noted in rodentexposed humans in 1914 in California, can also be transmitted by cats (Sanders & Hahn, 1968). The ulcers of tularemia are known to resemble a necrotizing spider bite (Bennett & Vetter, 2004; Swanson & Vetter, 2005). Developing at the site of inoculation, the ulcer is indolent, usually infected, and may not resolve for several weeks (Evans, 1969). It may be as small as 4x4 mm; moreover, in glandular tularemia, the lymphadenopathy may not abate for several months (Sanders & Hahn, 1968). By 1970, most cases of tularemia in the United States had been reported in Arkansas, Illinois, Tennessee, and Missouri (Brooks & Buchanan, 1970). These states are also endemic for L. reclusa, which triggers some similar symptoms; yet, the dermal lesion in loxoscelism is clearly necrotic and may enlarge aggressively, and systemic symptoms appear sooner following inoculation.

Sicariidae, Genus Sicarius Next to the genus Loxosceles, the genus Sicarius (Sicariidae), six-eyed crab spiders, is associated with severe local necrosis and fatal intravascular complications, mainly in South Africa. It is indigenous also to South and Central America, but not North America (Newlands, 1982). In South Africa, Sicarius species, such as Sicarius testaceus (Purcell, 1908), tend to ap-

pear in arid and semi-arid regions. Buried in sand, they do not readily contact humans, are nonaggressive, and do not make webs. They reach a body length of 15 mm, are yellowish, reddish-brown in color, and have a tough outer skin with small spines (Newlands & Atkinson, 1988). Of this genus, Sicarius spatulatus is the smallest species and the only species of South Africa not found in arid regions. It appears in populated regions of the southeastern Cape Province (Newlands, 1982). In South America, the genus Sicarius tropicus, found in northeastern Brazil, is known to cause necrotic symptoms similar to those of Loxosceles spiders (Lucas, 1988; Lucas, Cirelli, Knysak, & Zveibil, 1978/79). Loxosceles serumtherapy cures; the reddish spiders show soil on their bodies (Lucas et al., 1978/79). However, in 1998, they were still not known as a major health problem (Sezerino et al., 1998). Sicarius ruoepes of Chile has once been considered a possible cause of necrotic arachnidism, which was later ascribed to L. laeta (Macchiavello, 1947).

Symptom Analysis Public health concerns in South Africa have led to the formulation of key symptoms learned from suspected Sicarius bites: A severely necrotic lesion, visible 6 to 8 hours post-bite, develops surrounded by a hemorrhagic ecchymotic region; an eschar forms 1 to 3 days post-bite; and minimal local edema or inflammation occurs. Systemically, the bite causes DIC as early as 1 to 3 days post-bite, a generalized edema 7 to 10 days post-bite, and massive local tissue destruction (Newlands & Atkinson, 1990a). Death in humans is known to occur (Newlands & Atkinson, 1990a, b). The necrosis may spread aggressively, having caused the loss of an arm in a victim with a presumptive S. spatulatus bite (Newlands, 1982). Sicarius albospinosus, collected in the Namib Desert, was confirmed to carry proteolytic venom. Rabbits bitten suffered symptoms that suggested the venom’s strong virulence in man: Local necrosis with hemorrhage and tissue destruction present ca. 2 to 3 hours post-bite, with black eschar by 5 hours postbite; systemic petechial hemorrhaging present ca. 5 hours post-bite, affecting visceral organs (liver, kidney, lungs, spleen, alimentary canal, mesenteries, and heart); no local edema or erythema (though present in surviving rabbits); ecchymotic zone surrounding necrosis; DIC (diagnosed), with thrombocytopenia and deactivation of the clotting factor VIII www.acfei.com

(platelet cofactor); but no hemoglobinuria (Newlands, 1982). S. testaceus bites in rabbits produced the following symptoms: subcutaneous hemorrhage within 1–3 hours post-bite, tissue necrosis, inflammatory infiltration (muscle and adipose tissue), permeable blood vessels near the bite site, and petechial visceral bleeding (liver, kidney, lungs, and duodenum). S. testaceus was suggested as potentially harmful to humans and associated with thrombocytopenia, in contrast to loxoscelism, which causes thrombocytopenia in combination with hemolysis (Van Aswegen et al., 1997).

Ebola Hemorrhagic Fever The infective agent of Ebola hemorrhagic fever is a thread-like negative-strand RNA virus (Filoviridae) marked by a secretory and a surface glycoprotein; the latter’s binding to endothelial cells, which facilitates the replication of the virus, has been suggested to trigger DIC. The actual illness has occurred in monkeys and humans only and is transmitted mainly through body fluids, possibly also through the air or by skin contact (reviewed in Mwanatambwe et al., 2001). A comparative review (Richardson-Boedler, 1999) has noted systemic similarities in experimental mammals between symptoms of Sicarius envenomation (Newlands, 1982) and those of Ebola hemorrhagic fever (FisherHoch et al., 1985). Both conditions are marked by a decline of factor VIII in the plasma previous to DIC, whereby the Ebola virus causes a decline of factor VII as well. Newlands (1982) had proposed the decline of factor VIII, known as rare in DIC, as uniquely leading to DIC in Sicarius envenomation. In humans, DIC can occur within 1 to 3 days following a suspected Sicarius bite. In contrast, the incubation time for Ebola hemorrhagic fever (central Africa) is 5 to 10 days. Symptoms include high fever, headache, myalgia, diarrhea, and mental changes. These symptoms are followed during the second week of illness by a generalized hemorrhage with hematological manifestations, including DIC, thrombocytopenia, and lymphopenia (Sodhi, 1996). Morvan, Nakouné, Deubel, & Colyn (2000), studying at localities in the Central African Republic, identified three dominant small mammals—two rodent species, Mus setulosus and Praomys species, and one shrew species, Sylvisorex ollula—as healthy hosts of traces of the virus, the first of nonprimate mammals. Zoonotic transmission in central (800) 423-9737

Africa, such as of the Ebola virus and of the simian (SIV)—leading to human (HIV)— immunodeficiency virus, is associated with human contact with body fluids of primates via hunting, preparing, and eating (Wolfe et al., 2004); notably, rodents were commonly eaten. Fruit bats, also consumed by humans in central Africa, are newly revealed carriers of Ebola gene sequences and antibodies against the virus (Choi, 2006).

Clubionidae, Genus Cheiracanthium Sac spiders, genus Cheiracanthium (Clubionidae), retreat in a silken sac during the day and activate and hunt at night. They then frequently come in contact with humans and cause painful bites and some systemic effects. As reported by Gorham and Rheney (1968), Cheiracanthium inclusum (Hentz, 1875) is a species present in the United States with an average body length of 7.5 mm. Hentz (1875) had observed the species in North and South Carolina and described it as livid white or pale yellow, with a dusky longitudinal abdominal line. Cheiracanthium mildei, a species imported from Europe, is present in North America next to the indigenous C. inclusum (Spielman & Levi, 1970). Associated with local necrosis in some reports, the necrotizing potential of Cheiracanthium bites has recently been discredited (Isbister et al., 2005; Vetter, Isbister, Bush, & Boutin, 2006). It was concluded that, only rarely, a mild necrosis may occur (Vetter et al., 2006). Worldwide, spiders of the genus Cheiracanthium causing local and systemic effects also include C. punctorium of Europe, C. diversum (syn.: C. mordax) of the central and southwest Pacific region, C. japonicum of Japan, and C. lawrencei of South Africa.

Symptom Analysis Mostly from August to October, probable C. mildei bites occurring indoors near Boston, Massachusetts, produced sharp pain, a red wheal, and soon a slough. Local necrosis is also present 2 or 3 days post-bite, lasting from 1.5 to 8 weeks, reaching up to 30 mm in diameter, and often surrounded by a zone of induration. A voluntary, mildly pricking bite received from an immature C. mildei caused local itching, erythema, and induration (3 mm in diameter); the lesion was absent by the next day (Spielman & Levi, 1970). Local induration present for a few weeks followed a painful bite by a female C. mildei, inflicted indoors in June in Connecticut (Krinsky, 1987). In Indiana, an

adult female C. mildei, present indoors during December, caused an immediate stinging sensation and a red wheal (ca. 20x10 mm). After a few days post-bite, a 50x70 mm zone of erythema and nodular induration with small petechiae developed, healing within 3 weeks (Minton, 1972). The three reports noted no systemic symptoms. C. inclusum has caused immediate local pain, which intensified and gradually involved the part bitten, but no necrosis (Fuhrman & Reeves, 1957; Gorham & Rheney, 1968). Nausea and ineffectual vomiting were present as early as 15 minutes post-bite. The culprit species was a female C. inclusum, found in August in Georgia (indoors) (Gorham & Rheney, 1968). C. inclusum adhered to the bite site after injection of the venom; it was later identified as an immature male, found indoors in California (Fuhrman & Reeves,1957). Local pain, a necrotic lesion nearly peasized (in diameter) and visible hours after the bite, and the acute systemic symptoms of chest constriction, chills, malaise, and swollen regional lymph nodes were caused by a verified nocturnal C. punctorium bite (in the left axilla) in August in Yugoslavia. Three other victims, who had also brought the spider in for identification, showed similar symptoms; one victim had an additional light fever (Maretic´, 1962). In Germany, bites are most common in August, when the female C. punctorium guards her eggs in a silken structure that is built with plant parts and reaches, in some cases, the size of a chicken egg. All of the victims observed suffered repeated chills and chest constriction (Habermehl, 1974). In addition, a local bluish-red swelling with burning pains, later yielding to itching and rarely suppurating, as well as headache, nausea, vomiting, circulatory collapse, have been caused by this species known as the only venomous spider present in Germany (Habermehl, 1974, 1976). C. diversum, found in the central and southwest Pacific region, is known to cause moderate to grave symptoms (Fuhrman & Reeves, 1957). The spider has apparently triggered, compared to the other species of this genus, more serious systemic effects that result in hospitalization. The species is even suspected of having elicited a coma in a female Hawaiian resident that occurred 4 hours post-bite and culminated in a fatal brain hemorrhage 4 days later (during January) (Baerg, 1959). Another victim of the Hawaiian Islands, a 4-year-old girl, was bitten on the finger by C. diversum, resulting Fall 2008 THE FORENSIC EXAMINER 61

in immediate severe local pain that rapidly affected her whole arm. The pain subsided after treatment, but her hand remained swollen (Anonymous, 1962). C. japonicum of Japan is contacting humans, often during the night, between May and August. Male spiders in particular were found to infest houses. Victims bitten suffered (locally) continuous pain, edema, erythema, and petechiae, often with systemic manifestations such as nausea, vomiting, and headache (Ori, 1975). In the Pretoria-Witwatersrand area of South Africa, Cheiracanthium bites are considered the most common, followed by Loxosceles and Latrodectus bites (Newlands & Atkinson, 1988). South African tick-bite fever has been a differential diagnosis for the dermal and systemic symptoms of suspected C. lawrencei bite. Bites by both C. lawrencei and infected ticks are associated with local necrosis. Ascribed to the spider bite are local edema, erythema, pain, and necrosis (two initial necrotic areas from fang entry points merge, becoming yellowish), which heals after ca. 10 days. Systemic symptoms (fever, headache, and rash) resembling tick-bite fever occur within 3 days of the spider bite or on the third day post-bite—a shorter incubation time than noted for South African tick-bite fever—and do not respond to tetracycline normally given for the latter condition; therefore, a rickettsial infection, which is also distinguished by a black eschar at the bite site, could not be suspected in the cases observed (Newlands & Atkinson, 1990a). The spider’s role as vector of the infective agent was found unlikely (Newlands & Atkinson, 1988). Initially, suspected C. lawrencei bites are painless and do not interfere in the victim’s sleep if they occur at night (Newlands, Martindale, Berson, & Rippey, 1980). Instead, the local pain intensifies gradually (Newlands & Atkinson, 1988). In some victims, and also in experimental rabbits (Newlands et al., 1980), a bruise-like secondary lesion is visible ca. 14 days post-bite (Newlands & Atkinson, 1988, 1990a). Compared to suspected C. lawrencei bites, the local pains triggered by, at least, C. inclusum, C. punctorium, and C. diversum are marked by a more rapid onset, as are the systemic symptoms caused by, at least, C. inclusum and C. punctorium.

African Tick-bite Fever African tick-bite fever, caused by Rickettsia africae, causes rather mild symptoms and a late development of specific antibodies. The 62 THE FORENSIC EXAMINER Fall 2008

illness, encountered in sub-Saharan Africa, was formerly attributed to Rickettsia conorii, the agent of the more serious Mediterranean spotted fever, which causes a faster immune response than R. africae (Fournier, Jensenius, Laferl, Vene, & Raoult, 2002). African tickbite fever, transmitted by Amblyomma ticks (parasites of cattle and game), tends to occur in clusters, often affecting groups of travelers. A victim may have several inoculation eschars. The incubation time is 6 to 7 days, and fever or an influenza-like syndrome, regional lymphadenopathy, and rash (maculopapular or vesicular, seldom purpuric) are encountered (Raoult et al., 2001).

Conclusion In geographical regions where public health issues focus on serious manifestations from both spider and tick bites, or due to travel of thus affected humans from endemic to nonendemic areas, the differential diagnosis is of importance in clinical and forensic investigation. As a rule, dermal symptoms are potentially more prolonged and serious in spider bites (two lesions from fangs), especially in bites by a member of the Sicariidae, than in infective bites (usually one lesion). Also, systemic symptoms of spider bites tend to develop sooner following inoculation than those of a similar zoonotic hematological illness. Heat or other locally applied vasodilators in necrotic arachnidism, also in tick bite with brief attachment, are warned against.

Acknowledgments Much of the information for this article was collected during research on the envenomation effects of the world’s most dangerous spiders, all in preparation for a manuscript on arachnids and other toxic creatures, their toxic symptoms, and current and predicted homeopathic uses. Translations are my own. Thanks to my sister, Christine Boedler, living in Brazil, for helping once with a Portuguese expression. The pictures of the spiders (pp. 57, 58) and of the lesion were ordered from Photo Researchers, Inc.

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Van Aswegen, G., Van Rooyen, J. M., Van der Nest, D. G., Veldman, F. J., De Villiers, T. H., & Oberholzer, G. (1997). Venom of a six-eyed crab spider, Sicarius testaceus (Purcell, 1908), causes necrotic and haemorrhagic lesions in the rabbit. Toxicon, 35, 1149–1152. Vetter, R. S. (2000). Myth: Idiopathic wounds are often due to brown recluse or other spider bites throughout the United States. Western Journal of Medicine, 173, 357–358. Vetter, R. S. (2005). Arachnids submitted as suspected brown recluse spiders (Araneae: Sicariidae): Loxosceles spiders are virtually restricted to their known distribution but are perceived to exist throughout the United States. Journal of Medical Entomology, 42, 512–521. Vetter, R. S., & Bush, S. P. (2002). Chemical burn misdiagnosed as brown recluse spider bite [Letter to the editor]. American Journal of Emergency Medicine, 20, 68–69. Vetter, R. S., & Bush, S. P. (2004). Additional considerations in presumptive brown recluse spider bites and dapsone therapy [Letter to the editor]. American Journal of Emergency Medicine, 22, 494–495. Vetter, R. S., Cushing, P. E., Crawford, R. L., & Royce, L. A. (2003). Diagnoses of brown recluse spider bites (loxoscelism) greatly outnumber actual verifications of the spider in four western American states. Toxicon, 42, 413–418. Vetter, R. S., Isbister, G. K., Bush, S. P., & Boutin, L. J. (2006). Verified bites by yellow sac spiders (genus Cheiracanthium) in the United States and Australia: Where is the necrosis? American Journal of Tropical Medicine and Hygiene, 74, 1043–1048. Wand, M. (1972). Necrotic arachnidism: A new entity in the Northwest. Northwest Medicine, 71, 292–295. Wasserman, G. S., & Anderson, P. C. 1984. Loxoscelism and necrotic arachnidism. Journal of Toxicology—Clinical Toxicology, 21, 451–472. Wendell, R. P. (2003). Brown recluse spiders: A review to help guide physicians in nonendemic areas. Southern Medical Journal, 96, 486–490. Wilson, D. C., & King, L. E., Jr. (1990). Spiders and spider bites. Dermatologic Clinics, 8, 277–286. Wolfe, N. D., Prosser, A. T., Carr, J. K., Tamoufe, U., Mpoudi-Ngole, E., Torimiro, J. N., et al. (2004). Exposure to nonhuman primates in rural Cameroon. Emerging Infectious Diseases, 10, 2094–2099. n

Earn CE Credit To earn CE credit, complete the exam for this article on page 55 or complete the exam online at www.acfei.com (select “Online CE”).

About the Author Cornelia Richardson-Boedler, NMD, MA, DABFE, DABFM, German-born, lives in the United States, where she works as a naturopathic doctor and psychotherapist in private practice. She holds an MA in Psychology, as well as a license in Marriage, Family, and Child Therapy and is a faculty member of the British Institute of Homeopathy. She researches and writes on topics in homeopathic and standard medicine. Recent work has focused on occupational and public health issues (metal carcinogenesis and spider/tick bite). Richardson-Boedler has been a member of ACFEI since 1995, and a Life Fellow since 2003. She is a Diplomate of the American Board of Forensic Examiners, a Diplomate of the American Board of Forensic Medicine, and a Certified Clinical Psychopathologist and holds a Doctoral Addictions Counselor endorsement.

Fall 2008 THE FORENSIC EXAMINER 63

Case Study

Mandatory Minimums Tipping the Scales of Justice

By Bruce Gross

uring the 1980s, the criminal justice system in the United States underwent some of the most dramatic changes since its inception. In large part, these changes were spurred by the notable increase in the sale, use, and abuse of drugs (especially crack cocaine), combined with a related increase in drugrelated homicides. At the same time, minorities were being sentenced to disproportionately long prison terms, as compared to white offenders. Finally, there was a growing pattern of undue judicial leniency for certain categories of serious crimes. s Mandatory minimum sentences were originally designed to reduce disparities in sentences imposed by judges. The years that have passed have revealed that mandatory minimum sentences have at best a mixed record and may actually in some cases produce more disparity.

At the time, judges essentially had full discretion and, as such, some degree of variation between sentences across judges and jurisdiction was to be expected. Several studies focusing on judicial sentencing were conducted in the late 1970s and early 1980s. All found differences in judicial sentencing that were far more disparate than expected. (Forst & Wellford, 1981; Rhodes & Conly, 1981; Sutton, 1978; Partridge & Eldridge, 1974) In one (sponsored by the Federal Judicial Center), there was a difference of 17 years in the sentences imposed by judges on identical hypothetical cases (Partridge & Eldridge). In another, the Department of Justice presented 16 hypothetical cases to more than 200

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federal judges who were asked to render appropriate sentences for each. In only 3 of the 16 cases were the judges unanimous regarding the imposition of a prison term. Within cases, there was significant variation in the length of the imposed sentences, which ranged from 13 to 180 months. (Rhodes & Conly; Sutton) A growing consensus asserted that the comparatively harsh sentences minorities were being handed were due to differences in judicial experience and theoretical orientation (toward punishment and rehabilitation), judicial bias, and varying contextual and jurisdictional influences. Sentencing disparity was compounded by another reality: Although a judge would sentence the convicted defendant to a specific term, the actual time served was determined by the Department of Parole. According to the Bureau of Justice Statistics, between mid-1979 and mid-1980, inmates sentenced to 1 to 5 years served an average of 70% of the imposed term. Those sentenced to 5 to 10 years served approximately 50%, and those sentenced to more than 15 years served only 40%. (Sabol & McGready, 1999) In other words, although the offender might receive a 15-year sentence from the judge, he or she might be released by parole after only 5. As a result, judicially imposed sentences had no real meaning or effect.

Standardizing Sentencing In response to the need for greater fairness and honesty in sentencing, the U.S. Congress passed the Sentencing Reform Act in 1984, which was part of the Comprehensive Crime Control Act. With the Sentencing Reform Act, Congress established the U.S. Sentencing Commission (USSC), an independent and bipartisan agency that would become a permanent component of the judicial branch of government. (Wilkins et al., 1991) The original commission consisted of seven members who were appointed and confirmed by the Senate. It consisted of individuals who had demonstrated expertise in the field of criminal justice, some of whom were members of the judiciary. Appointed in 1985, the Commission submitted its first Sentencing Guidelines to Congress in April of 1987, and the guidelines became law in November of 1987. The constitutionality of the Guidelines was widely challenged, thereby precluding implewww.acfei.com

mentation nationwide until January 1989, when the U.S. Supreme Court decided the issue through Mistretta v. United States. The USSC was tasked with creating a system of sentencing that would be applied in a uniform manner by judges across the county. With more than 2,000 federal offenses at the time, the USSC determined the appropriate type and length of sentence for each. The USSC categorized all federal offenses (and offender characteristics) and established a sentencing range for each category, ensuring the highest sentence in any given range would never exceed the lowest by more than 25%. With the Guidelines, a judge determines the facts of a case and the offender’s criminal history, assigns “points” for various elements of the crime, and imposes a sentence from the established range. Although judges may choose a sentence from within the range, they are not allowed to depart from the Guidelines when sentencing a convicted criminal, except in atypical cases and only if the reasoning behind the departure is explained in the record (as departed sentences can be appealed). Not only did the USSC sharply curtail judicial discretion, it allowed Congress essentially to eliminate the Department of Parole’s ultimate control of sentencing. After implementation of the Guidelines, the time to which a criminal was sentenced would be the true time the criminal would serve. The expectation was that the Guidelines would make sentencing more just, more transparent, and more “blind.”

Mandating Sentences It was from a different type of court—the basketball court—that one of the other important changes in America’s criminal justice system arose during the 1980s. A player with tremendous ability and promise, Len Bias, was the number-two pick by the Boston Celtics during the 1986 NBA draft. Tragically, two nights later, on June 19, 1986, Bias died of “cocaine intoxication” at the age of 22. Quite simply, Bias’ overdose had a dramatic and far-reaching impact on the way America perceived and policed recreational drugs. Then Speaker of the House, Democrat “Tip” O’Neill (coincidentally from Boston, MA) saw an opportunity to challenge the Republican Party’s assertion during the 1984 election that Democrats were “soft on crime” by getting “tough on drugs.” In order for the Democratic Party to benefit politically during the 1986 election, an anti-drug bill would have to pass both Houses by late September or early October. To accomplish this goal, the committee that was to write the bill had to complete the associated work in under a month, before the August recess. Just weeks before the November 1986 election, the Anti-Drug Abuse Act of 1986 was passed into (800) 423-9737

law. It had been written without the usual hearings or input from the typical range of experts. That is, the Act was drafted (and passed) without any input from judges, representatives from the Bureau of Prisons, substance abuse treatment professionals, or other sources of relevant information. In brief, the law created the Office for Substance Abuse Prevention and allowed for the establishment of drug abuse prevention programs nationwide. It also set much stiffer sentences for select offenses (especially for those involving drugs and weapons) and for recidivist offenders. Unlike the Sentencing Guidelines (which allow for departure based on unique or exceptional circumstances within a given case), these new sentences required that convicted offenders receive specific (and comparatively harsh) prison terms with virtually no variation. Judges were now required to deliver fixed sentences to those persons convicted of specific crimes. Judges were no longer free to consider mitigating factors (including those research has proven relevant to recidivism), such as the offender’s degree of culpability and amenability to treatment or rehabilitation. Historically, much of this information had been provided by forensic psychologists and psychiatrists. Arising out of an effort to curtail the exploding drug trade, the new sentences (for drug crimes) were based on three factors: the type of drug involved, the actual or alleged weight of the drug (generally, the higher the weight, the longer the sentence), and the number of prior convictions of the offender. Different substances have different set quantities that trigger specific mandatory sentences, and prosecutors are not required to physically produce the specific quantity of drug(s) to “prove” the charged quantity (“proof ” can be offered in the form of witness testimony). These new sentences—dubbed “mandatory minimums”—were incorporated into the Sentencing Guidelines and had a dramatic, immediate impact. Before “mandatory minimums,” drug offenders (on average) received prison sentences of 22 months; after, the sentence for the average drug offense jumped to 66 months (USSC, 1995–2007a; Sabol & McGready, 1999). Although “mandatory minimums” were primarily intended for “high-level” traffickers or the heads of drug distribution networks, the law applied to everyone involved in the conspiracy to traffic legally controlled substances, regardless of how minimal the individual offender’s involvement. In other words, a runner at a given meth lab was now legally liable for all the meth ever sold (not just at the specific lab) by the organization that controls the given lab. Fall 2008 THE FORENSIC EXAMINER 65

U.S. v. Booker

Justice Stevens delivered the opinion of the Court in part, concluding that the Sixth Amendment as construed in Blakely applies to the Federal Sentencing Guidelines.

The Sixth Amendment

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

By 1991, Congress had created nearly 100 separate “mandatory minimum” provisions, resulting from approximately 60 legislative statutes. Of these 60, only four that deal with drugs and firearms frequently result in convictions (Wilkins et al., 1991). “Mandatory minimum” statutes generally came into existence as floor amendments, as part of political posturing around getting “tough on crime.” In fashioning these statutes, very little consideration is given to the impact they have on the Sentencing Guidelines as whole.

Legal Loophole In the hopes of using the new and harsher sentences to the government’s advantage, a provision was included in the Sentencing Guidelines that would allow for downward departure from the “mandatory minimum” sentence. That is, a defendant may receive a sentence less than the minimum mandatory sentence if and when the offender provides “substantial assistance” with the investigation and prosecution of another offender’s criminal activities, and only upon motion by the prosecution. Upon such a motion (often referred to as a “5K” provision, taken from the section number of the Sentencing Guidelines), the judge must consider the nature, extent, significance, truthfulness, and timeliness of the defendant’s assistance before imposing a sentence derived from the Guidelines. Judges are instructed to give “substantial weight” to the prosecution’s evaluation of the defendant’s information, cooperation, and assistance, and they must include their reasoning for the departure in the record (GAO, 2003). Again, if the prosecution does not file a “substantial assistance” motion, the

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judge is bound to sentence the defendant to the “mandatory minimum” or higher, depending on the elements of the case. It was soon discovered that only 11% of federal drug defendants were the “high-level” drug dealers “mandatory minimums” were intended to punish, half of whom were involved with crack cocaine (Wilkins et al., 1991). Recognizing that “mandatory minimum” sentences were perhaps unjustly penalizing certain very “soft” criminals (in particular, those attached to drug crimes), Congress enacted a “safety-valve” provision in 1994. This new legislation allowed relief from the mandatory sentence for first-time offenders (with a minimal criminal history), who were not armed or violent and who were not “high-level” participants in the crime. In January 2005, in U.S. v. Booker, the U.S. Supreme Court held that the Sentencing Guidelines are “advisory” rather than absolute, thereby restoring a degree of judicial discretion (Hinojosa et al., 2006). However, that discretion does not extend to those Guideline offenses that carry a “mandatory minimum” sentence. In order to receive a downward departure at sentencing, one of the two statutory provisions (“safety valve” or “substantial assistance”) must apply.

A Motive to “Snitch” Whether it’s called providing “substantial assistance,” “cooperating,” “turning state’s evidence,” “ratting,” “flipping,” “whistleblowing,” or becoming an “informant,” to have any hope of avoiding a “mandatory minimum” sentence or of receiving a downward departure, the offender must “snitch.” In other words, the government offers a criminal a

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“reward” for information leading to the arrest and prosecution of another criminal. As mentioned, the reward may be avoiding prosecution altogether, a reduced charge (with no “mandatory minimum”), a reduction of the “mandatory minimum” sentence, a flat fee, a percentage of confiscated money resulting from the information, special services or preferential treatment if already incarcerated, or negotiated lenience for someone else. Rewarding “snitches” for “substantial assistance” is sanctioned by law in criminal cases, but not civil (Harris, 2000). For example, 21 U.S.C. Section 886(a) (2000) authorizes the Drug Enforcement Agency to make “appropriate” payments to informers. 18 U.S.C. Section 3059B (2000) authorizes discretionary payments to informants of up to $100,000 that are not subject to judicial review. United States v. Boyd (833 F. Supp. 1277 (N.D. Ill. 1993)) allows for prison gang members who become informants to receive contact visits, illegal drugs, clothing, telephone privileges, and “gifts.” Offering rewards for “substantial assistance” seems to have become the standard of practice, certainly in drug cases, but also in those involving insurance or Medicare fraud, gambling, money laundering, racketeering, bribery, murder, and antitrust crimes. By the early 1990s, the U.S. government was paying informants or snitches more than $100 million a year (Caulkins et al., 1997). Thousands of others were rewarded or paid with reduced sentences. In the last quarter of 2007, of all drug cases with an attached “mandatory minimum,” 52.4% received a “substantial assistance” downward departure (USSC, 2008a). Approximately 40% (whose criminal activity warranted a “mandatory minimum” sentence) were able to exchange information for the opportunity to plead to an offense with a lesser or no “mandatory minimum” attached.

The Benefits and Costs of Crime It has primarily been the “high-level” drug offenders (the ones for whom the law was intended) who benefit from the “substantial assistance” provision. In 2005, of all those defendants facing federal charges associated with cocaine, approximately 10.6% were “high-level”; in contrast, 57.3% were “low-level” offenders (USSC, 2007a). Obviously, those at the top of drug-trafficking organizations have more valuable information to exchange with the prosecution for a reduced (or even no) sentence than do those at the bottom. Not only do they know everyone who works under them, they know those custom officials, law enforcement officers, etc., who facilitate their organization’s operation. More troubling is the fact that “high-level” drug dealers can essentially “pick and choose” what information they give, minimizing the effect on their network as a whole. (800) 423-9737

Although “high-level” drug offenders seemingly benefit from “mandatory minimums” as compared to “low-level” offenders, they often receive tougher sentences than do some violent criminals (in particular, those whose crime has no attached mandatory sentence). For example, during the last quarter of 2007, the mean/median federal sentences for manslaughter and assault were 44.5/31.5 and 35.8/27.0 months respectively (USSC, 2008a). In contrast, the mean federal sentence for drug trafficking was 80.6 months and the median, 60.0. Not only do “mandatory minimums” skew sentences across categories of crime, they also skew sentences within categories, especially within drug crimes (USSC, 1991–2007a, 1991-2007b; Wilkins et al., 1991). A clear example exists in the disparity between sentences for crack versus powder cocaine (Hinojosa, 2008; USSC, 2007b). By late 2007, more than 35% of federal cases were for drug crimes; of those, 24% involved crack cocaine and 21.5%, powder cocaine (Hinojosa, 2008; USSC, 2008a; GAO, 2007). Yet it takes 100 times more powder than crack cocaine to trigger the same mandatory sentence. Referred to as the “100-to-1” ratio, it in no way reflects the actual comparative “dangerousness” of the two forms of cocaine. Currently, possession of 5 grams of crack cocaine results in an automatic, “mandatory minimum” prison sentence of 5 years (even for first-time offenders); possession of the same quantity of powder cocaine is considered a misdemeanor and receives a maximum 1-year prison term (USSC, 2007b). Dating back to 1991, State and Federal Courts have found that quantity-based sentences are both irrational and prejudicial (see, for example, State of Minnesota v. Russell, 1991). Maintaining a historical trend, in 2006, just more than 80% of crack cocaine offenders were African-American. As such, it has been argued that African-Americans are unfairly penalized by the harsher sentence for crack cocaine. Despite this long-recognized disparity, it was not until April 2008 that Congress allowed the Guidelines to be amended to establish more fitting sentence ranges for cocaine-related crimes (USSC, 2008b).

Disparate Justice Although “mandatory minimum” sentences and the “substantial assistance” provision were intended to reduce sentencing disparity, it appears the opposite has occurred. Historically, when offenders provide assistance, it is typically in the same category of crime for which they have been accused or convicted. As most drug users tend to buy from dealers of their own race, “snitches” typically provide the government with information on others within their own community. This trend led to the contention that the disparity inherent in “mandatory minimum” sentences Fall 2008 THE FORENSIC EXAMINER 67

specifically targets minorities. In the mid-1980s, the average drug sentence for African-Americans was 11% higher than that for whites; by 1990, that figure had increased to just under 50% (McCurdy, 2006). Consistent with this, it has been demonstrated that 80% of all search warrants issued for predominantly African-American and Latino neighborhoods relied on confidential informants (Coker, 2003). Along with racial disparities, “mandatory minimums” have also worsened gender disparities in sentencing. The number of women in prison for drug law violations increased by more than 420% between 1986 and 1996 (and by 800% for African-American and Hispanic women), resulting in 70% of the population of female prisoners being “low-level” and non-violent offenders (McCurdy, 2006; Snell, 1994). In 2003, of all female federal prisoners, 58% were convicted of drug offenses.

“Mandatory Minimums” and the Prison System By 1998, 40% of all federal sentencing was for drug crimes, and federal prisons saw more than a 400% increase in the number of inmates sentenced on drug convictions (FBP, 2008; McCurdy, 2006). Between 1986 and 1991, drug offenders accounted for 44% of the increase in the state prison population. Today, more than half of federal prisoners are in on drug offenses and continue to be primarily “low-level” drug dealers. (FBP) With the increase in prison terms associated with “mandatory minimums” and the increase in the number of inmates incarcerated for drug crimes, the total prison population has been swelling since the law was enacted in 1986. This, in turn, resulted in the need for additional guards and facilities to manage the growing inmate population, driving up tangible and intangible costs to both the prison system and to society. To house an inmate in federal prison, it costs just under $2,000 per month (GAO, 2007). In 1986, the total budget for the federal Bureau of Prisons was $220 million. By 1997, that figure had escalated to $2.6 billion, and as of 2006, it had jumped to just under $5 billion. Again, a tremendous proportion of this money is being spent on non-violent, “soft” offenders, as the more “sophisticated” criminals often spend less time in jail as a result of the “substantial assistance” provision. Drug cases have certainly flooded our criminal courts and prison system. Yet, this is not necessarily because the government has truly become “tougher” on drug crimes, but because drug cases have become easier and faster to process. As such, what was designed to be an adversarial process in search of justice has become an administrative process of expediency and appearances. 68 THE FORENSIC EXAMINER Fall 2008

“Substantial Assistance” or “Testalying” for a Bribe In order to earn the negotiated “reward” for providing “substantial assistance,” offenders are often required to testify during the trial of another criminal. Many law enforcement officers and inmates alike refer to this “arranged” testimony as “testalying.” Understandably, defense attorneys regularly assert these prosecution witnesses are committing perjury, willing to “say anything” to reap the rewards offered by the prosecution. Of note, there is no record of a federal “substantial assistance” witness being tried for perjury, although this may in no way reflect the actual occurrence of perjury. The American Bar Association’s “Model Rules of Professional Conduct” make no distinction between prosecutors and defense attorneys when rules state a lawyer shall not “offer an inducement to a witness that is prohibited by law” (Section 3.4(b)). Yet, while defense attorneys are not permitted to “reward” witnesses, prosecutors may. It is generally believed that because prosecutors have the dual responsibility of obtaining a conviction and seeking justice, they will not abuse the power they hold or suborn perjury from any witness. Yet it has been shown that 20% of all proven wrongful convictions (and 45% of capital cases) involved “snitch” testimony (CWC, 2004–2005). The “substantial assistance” provision is generally considered to be a “necessary evil” in the “war on crime.” A general trust is placed in prosecutors’ ability to weigh the social risks and benefits of giving one criminal a “pass” on their crime(s) in order to (hopefully) convict another. Informants (who are released with little or no time behind bars) are essentially given permission to continue in their illegal behavior and to reap the benefits without consequence and with reward. Albeit, along with the reward, the offender risks potential discovery by and consequences from those about whom he or she “snitched.” To some, the “substantial assistance” provision sends the message that the government is not only tolerating and reinforcing crime, but actually encouraging recidivism. Others contend that without informants and “snitches,” the government would never be able to penetrate organized crime or drug networks. Still others assert that the provision has resulted in investigator “laziness,” as the information that the “snitches” provide cuts down on a lot of the “foot work” involved in catching criminals. This leads others to question whether “snitches” may be controlling some drug investigations, and whether prosecutors lose their independent decision-making ability when they build their cases on the “substantial assistance” of “snitches.”

Shifting the Balance of Power Although the Sentencing Guidelines were intended to further justice by increasing objectivity in www.acfei.com

sentencing, “mandatory minimums” have severely diminished judicial discretion, the intended core of objectivity in the criminal justice system. At the same time, “mandatory minimum” and “substantial assistance” statutes have resulted in a tremendous expansion of prosecutorial power and control. In brief, they shifted discretion from judges to prosecutors. As before, prosecutors determine what charges to file, which, since “mandatory minimums,” determines the sentence. As before, prosecutors decide whether to reduce a charge and whether to offer, accept, or deny a plea bargain. Since “mandatory minimums,” prosecutors have the authority to reward or deny a defendant’s “substantial assistance” or cooperation, thereby setting the final sentence. Most significantly, unlike traditional plea bargains, “snitch” agreements are “secretive” and absent the legal safeguards that are protected by due process. The offender is not represented by counsel, and the agreement is not reviewed by a judge. Often the agreement is not formalized in writing and even those that are written are not legally enforceable by the offender. With full discretion and no public accountability, the prosecution is not bound to uphold its side of the agreement.

Open Analysis In 1990, the Sentencing Commission was directed by Congress to research and report on the general effect of “mandatory minimum” sentences. In its 1991 report, the Commission voiced its opposition to “mandatory minimums,” along with that of the judiciary and the American Bar Association (including defense attorneys and prosecutors). Despite its best efforts to integrate “mandatory minimums” in the Guidelines in 1986, the Commission concluded, and maintains, that these sentences are “manifestly unjust.” The Sentencing Commission, the Department of Justice, and the Criminal Justice Research Program of the Rand Corporation have found that the tougher “mandatory minimum” sentences fail to deter crime (Coker, 2003; Caulkins, Rydell, Schwabe, & Chiesa, 1997). A primary goal of imposing more severe penalties for select crimes was to enhance the deterrent effect of prison. Yet that goal is undermined by the uncertainty and disparity of sentencing inherent with the “substantial assistance” provision. In terms of obvious indicators, over the 10 years after “mandatory minimums” were enacted, the number of drug violations increased by just less than 50%. During (800) 423-9737

that same time, there was a steady increase in the availability of controlled substances and a concomitant decrease in cost (Turner, 2000). In part, the Sentencing Guidelines were developed in response to the increase in plea bargains and in an effort to increase the “transparency” and “truthfulness” of sentencing. Yet during the last quarter of 2007, 97.6% of federal drug cases were resolved through plea bargains (USSC, 2008a). Although the Sentencing Guidelines have been a positive step toward bringing more uniformity and transparency to sentencing, “mandatory minimums” and “substantial assistance” negotiations have worked in direct opposition. With Congress having ultimate authority over sentencing policies, as long as “mandatory minimums” remain politically popular, the criminal justice system will remain unbalanced.

References American Bar Association (ABA). (2008). Model rules of professional conduct. Retrieved from http://www.abanet.org/cpr/mrpc/home.html Caulkins, J., Rydell, C. P., Schwabe, W. L., & Chiesa, J. (1997). Mandatory minimum drug sentences: Throwing away the key or the taxpayers’ money? Santa Monica, CA: Rand Corporation. Center on Wrongful Convictions (CWC). (2004–2005). The snitch system. Chicago, IL: Northwestern University School of Law, Bluhm Legal Clinic. Coker, D. (2003). Forewarned: Addressing the real world of racial injustice in the criminal justice system. Journal of Criminal Law & Criminology, 93, 827–837. Federal Bureau of Prisons (FBP). (2008). Quick facts. Retrieved from http://www.bop.gov/news/quick.jsp#4 Forst, B., & Wellford, C. (1981). Punishment and sentencing: Developing sentencing guidelines empirically from principles of punishment. Rutgers Law Review, 33, 813. General Accounting Office (GAO). (2003). Federal drug offenses: Departures from sentencing guidelines and mandatory minimum sentences, fiscal years 1999-2001. GAO-05-105. Retrieved from http//www.gao.gov/cgibin/getrpt?GAO-04-105 General Accounting Office (GAO). (2007). Cost of prisons. (GAO-08-6). Report to the Subcommittees on Commerce, Justice, and Science, Senate and House Appropriations Committees. Washington, D.C.: United States Government Accountability Office. Harris, G.C. (2000). Testimony for sale: The law and ethics of snitches and experts. Pepperdine Law Review, 28(1), 12–34. Hinojosa, R.H. (2008). Statement of Ricardo H. Hinojosa, Chair, United States Sentencing Commission,

before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security. Retrieved from http://www.ussc.gov/hearings/02_26_08/Hinojosa-statement.pdf Hinojosa, R.H., Castillo, R., Sessions, W.K., et al. (2006). Final report on the impact of United States v. Booker on federal sentencing. Washington, D.C.: United States Department of Justice, United States Sentencing Commission. McCurdy, J. (2006). Testimony of Jesselyn McCurdy, Legislative Counsel, American Civil Liberties Union, Washington National Office. United States Sentencing Commission Hearing on Cocaine and Sentencing Policy. Retrieved from http://www.ussc.gov/hearings/11_15_06/ McCurdy-testimony.pdf Mistretta v. U.S. (1989). 488 U.S. 361. Partridge, A., & Eldridge, W. B. (1974). The Second Circuit study: A report to the judges of the Second Circuit. Washington, D.C.: Federal Judicial Center. Rhodes, W. M., & Conly, C. (1981). Analysis of federal sentencing. Washington, D.C.: Department of Justice, Federal Justice Research Program. Sabol, W. J., & McGready, J. (1999). Time served in prison by federal offenders, 1986–1997. (NCJ 171682). Bureau of Justice Statistics Special Reports. Washington, D.C.: Department of Justice. Snell, T. L. (1994). Women in Prison. (NCJ-145321). Bureau of Justice Statistics Special Report. Washington, D.C.: Department of Justice. State v. Russell, 477 NW.2d 886 (Minn. 1991) (en banc). Sutton, L. P. (1978). Federal sentencing patterns: A study of geographical variations. Washington, D.C.: Department of Justice. Turner, S. (2000). Impact of truth-in-sentencing and three strikes legislation on crime. In Crime and Justice Atlas 2000. Washington, DC: United States Department of Justice. U.S. Sentencing Commission (USSC). (1995–2007a). Sourcebook of Federal Sentencing Statistics. Retrieved from http://www.ussc.gov/annrpts.htm U.S. Sentencing Commission (USSC). (1995–2007b). Annual report. Retrieved from http://www.ussc.gov/annrpts.htm U.S. Sentencing Commission (USSC). (2007a). Report to Congress: Cocaine and federal sentencing policy. Washington, D.C.: USSC. U.S. Sentencing Commission (USSC). (2007b). U.S. Sentencing Guidelines Manual. Washington, D.C.: USSC. U.S. Sentencing Commission (USSC). (2008a). U.S. Sentencing Commission preliminary quarterly data report; 1st quarter release, preliminary fiscal year 2008 data, through December 31, 2007. Washington, D.C.: USSC. U.S. Sentencing Commission (USSC). (2008b). Amendments to the sentencing guidelines. Washington, D.C.: USSC. United States v. Booker. (2005). 543 U.S. 220. Wilkins, W. W., Carnes J. E., Corrothers, H. G, et al. (1991). Special report to the Congress: Mandatory minimum penalties in the federal criminal justice system. Washington, D.C.: United States Sentencing Commission. n

About the Author Bruce Gross, PhD, JD, MBA, is a Fellow of the American College of Forensic Examiners and is an Executive Advisory Board member of the American Board of Forensic Examiners. Dr. Gross is also a Diplomate of the American Board of Forensic Examiners and the American Board of Psychological Specialties. He has been an ACFEI member since 1996 and is a also a Diplomate of the American Psychotherapy Association.

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LEARNING OBJECTIVES

KEY WORDS: polygraph, error-rate, containment approach

After studying this article, participants should be better able to do the following:

TARGET AUDIENCE: polygraph examiners, sex offender management professionals

1. 2. 3. 4. 5.

Describe the use of post-conviction polygraph in sex offender management. Define the use of a containment approach to sex offender management List advantages of higher standards in post-conviction polygraph testing Communicate the impact of post-conviction examinations Describe how forensic and clinical examiners who rely on post-conviction examinations can demand optimal examinations by encouraging higher standards

PROGRAM LEVEL: update DISCLOSURE: The author operates a polygraph business. PREREQUISITES: none

ABSTRACT An estimated quarter million sex offenders are currently under community supervision, the population continues to grow, and some sex offenders re-offend—making community safety a great concern of our society. Methods of sex offender management and treatment continue to improve, and sex offenders often re-integrate into society successfully—making impartiality and integrity among sex offender management professionals immensely important. These individual—and often conflicting—factors bring us to conclude that sex offender management is a significant component of correctional supervision in the United States. In a majority of states a key element of sex offender management is a unique form of polygraph referred to as post-conviction sex offender testing (PCSOT). When jurisdictions use this tool the standards of the American Polygraph Association (APA) are automatically incorporated into mandates and policies. This author is concerned with the fact that APA standards do not demand the best possible post-conviction examinations, and because of the imminent and irreparable consequence of this error, we urge the American Polygraph Association and other organizations such as the American College of Forensic Examiners Institute (ACFEI) to raise the bar on PCSOT examiners.

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2. True or false: Very few states allow post-conviction polygraph testing. a. True b. False

5. As of 2007, seven test formats have been identified as validated per APA standards. a. True b. False

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Fall 2008 THE FORENSIC EXAMINER 71

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The Offender Population

By Kenneth Blackstone

Post-Conviction Polygraph in the Community and Court: Raising the Bar on PCSOT Examiners

n estimated quarter million sex offenders are currently under community supervision. The population continues to grow, and some sex offenders re-offend—making community safety a great concern of our society. Methods of sex offender management and treatment continue to improve, and sex offenders often re-integrate into society successfully; therefore, impartiality and integrity among sex offender management professionals is immensely important. These individual—and often conflicting—factors bring us to conclude that sex offender management is a significant component of correctional supervision in the United States. In a majority of states, a key element of sex offender management is a unique form of polygraph referred to as post-conviction sex offender testing (PCSOT). When jurisdictions use this tool, the standards of the American Polygraph Association (APA) are automatically incorporated into mandates and policies. This author is concerned with the fact that APA standards do not demand the best possible post-conviction examinations, and due to the imminent and irreparable consequence of this error, we urge the APA and other organizations such as the American College of Forensic Examiners Institute (ACFEI) to raise the bar on PCSOT examiners. 72 THE FORENSIC EXAMINER Fall 2008

In 2005, the Bureau of Justice Statistics reported that 148,800 inmates were serving time in state prisons for rape and “other” types of sexual assault. Sex crimes, then, accounted for about 12% of incarcerated state offenders. Inmates in Federal and military prisons were not reported by crime type (Bureau of Justice Statistics [BJS], 2005). Although a constellation of recent legislative changes and sentencing practices has increased the likelihood and length of incarceration for convicted sex offenders, “approximately 98% of all incarcerated sex offenders will some day return to the community for supervision” (English, Jones, & Patrick, 2002). At year-end 2005, more than 4.9 million adult men and women were under federal, state, or local probation or parole jurisdiction. A 2005 survey estimated that 3% of these probationers were sex offenders, and parolees were not identified by crime type (BJS, 2005). By using the incarcerated sex offender rate of 12%, we can estimate that 92,622 parolees had been convicted of sexual offenses, giving us a ballpark figure of 217,000 sex offenders in the community at the end of 2005.

Sex Offender Recidivism “What happened to 9-year-old Jessica Lunsford is every parent’s worst nightmare. In February 2005 she was abducted from her home in Florida, raped, and buried alive by a stranger, a next-door neighbor who had been twice convicted of molesting children. Over the past decade, several horrific crimes like Jessica’s murder have captured massive media attention and fueled widespread fears that children are at high risk of assault by repeat sex offenders.” (Human Rights Watch, 2007) “Sex offender laws are predicated on the widespread assumption that most people convicted of sex offenses will continue to commit such crimes if given the opportunity. Some politicians cite recidivism rates for sex offenders that are as high as 80–90%.” (Human Rights Watch, 2007) Illinois State Representative John Fritchey described the atmosphere saying, “The reality is that sex offenders are a great political target, but that doesn’t mean any law under the sun is appropriate” (Keith, 2006). Opinions based on research do not agree with fear-based assumptions and political statistics. In fact, “(e)xisting research clearly indicates that sex offenders are, compared to other offenders, among the least likely to re-offend” (Langan & Levin, 2002). It also appears that when sex offenders do reoffend, their re-offense is seldom sexual in nature. Langan, Schmitt, and Durose (2003) researched 9,691 sex offenders released from prison in 1994 and found that only 12% of the re-arrests in the 3-year post-release period involved a sex offense. www.acfei.com

A 2007 study conducted by the Minnesota Department of Corrections showed that after 3 years, 7% of 3,166 offenders had been re-arrested for a sex offense, 6% had been re-convicted, and 3% had been re-incarcerated. By the end of the follow-up period (an average of 8.4 years for all 3,166 offenders), 12% had been re-arrested for a sex offense, 10% had been re-convicted, and 7% had been re-incarcerated (Minnesota, 2007). A 2007 study released by the Tennessee Bureau of Investigation monitored 506 sex offenders and 523 non-sexual offenders over a 3-year period after their release from prison and local jails and compared their recommitment rates. Recommitment was defined as re-entry into the criminal justice system due to either a new arrest or a technical violation of supervision. This study “demonstrated a marked difference between the recidivism of sex offenders and offenders with other primary offenses who were released. The sex offender group showed a success rate of 44.1%, almost double the rate of the other release group. Only 28.1% of the sex offenders released were recommitted into the prison system, while 51.6% of all other releases were recommitted.” (Tennessee, 2007) Recidivism rates vary by jurisdiction, by study, and by definition of recidivism. Commonalities include a lower sexual than non-sexual re-offense rate and a remarkable success rate. Although these studies can be interpreted as evidence that some sex offenders re-offend, they should remind us that some sexual offenders do not re-offend, making impartiality and professionalism of utmost importance in post-conviction sex offender testing.

Post-Conviction Polygraph In an effort to decrease recidivism and increase success, many jurisdictions use a multi-disciplinary “containment approach” toward sex offender management. “Empirical data are surfacing from many jurisdictions (using the containment approach) that reflect the value of this approach in reducing technical violations and new crimes” (K. English, personal communication, May 22, 2007). In this model, the following requirements are necessary for offenders: • To be supervised under general and special conditions of probation or parole • To participate in sex offender specific treatment • To undergo polygraph examinations during the evaluation process and periodically throughout the supervision period “The value of the post-conviction polygraph seems undisputed among those who use it, and those jurisdictions that now use it report that they could not get along without it. The polygraph has become an important asset in treatment and supervision, providing independent information about compliance and (800) 423-9737

progress.” (Center for Sex Offender Management, 2000) “Using the polygraph to manage offenders in the community is not new. In 1966, Illinois Judge Clarence E. Partee used polygraphy to help him decide on probation applications (cited in Partee, 1975); and in 1969, in Walla Walla, Washington, Judge (John C.) Tuttle developed a similar plan that required probationers to be periodically tested by polygraph to determine if they were complying with the conditions of supervision (cited in Abrams & Abrams, 1993)” (English, Pullen, & Jones, 1996).

s Statistics on ricidivism involving sexual offenders vary, but high-profile cases can drive laws that restrict and monitor a convicted sexual offender’s actions after release from a correctional facility. Above, John Couey (center) was found guilty on March 7, 2007 at the Richard E. Gerstein Justice Building in Miami, Florida, of killing 9-year-old Jessica Lunsford. The brutal rape and murder of Lunsford, who was buried alive, shocked the nation and spurred calls for closer supervision of released sexual offenders. (Both photos by Al Diaz/ Miami Herald/MCT)

“In 1973, Judge John Beatty initiated the first polygraph surveillance program in Oregon” (Abrams & Ogard, 1986). With the development of the containment approach, the popularity of post-conviction polyFall 2008 THE FORENSIC EXAMINER 73

s Mark Lunsford, father of Jessica Lunsford, hugs a family member on March 7, 2007, after John Evander Couey was found guilty of killing 9-year-old Jessica. (Al Diaz/Miami Herald/MCT)

graph has continued to spread into numerous states. Although a 1994 national survey indicated that only 11% of probation and parole offices used polygraph as a monitoring tool (English, Pullen, & Jones, 1996), today it is used to some degree in all 50 states, and at least “thirty-five (35) states are using the post-conviction polygraph regularly, as part of community supervision. Most states (today) do not mandate polygraph testing in statute, and in general, the practice varies by jurisdiction and is usually a result of agency policy and not by statute” (K. English, personal communication, May 22, 2007).

Research and Standardization

s Jessica Lunsford

Governmental statutes and departmental polices typically incorporate the standards of the APA into their own, but “the integrity of polygraph testing has been attacked on two fronts: lack of process standardization and lack of validation research. Opponents of the polygraph argue that individual differences, such as body mannerisms of clients, amount of examiner experience in testing special populations, quality of examiner training, and various types of therapist/examiner partnerships bias the polygraph results. To some extent, however, all research is biased by these variables if not sufficiently controlled.” (Ahlmeyer, Heil, McKee, & English, 2000) Impressive research has been conducted on the specificity of the polygraph. In 1997, Forensic Research Inc. compiled the results of 80 research projects conducted since 1980, aimed at assessing the validity and reliability of polygraph testing. The 12 field validity studies conducted involved 2,174 exams and yielded a 98% accuracy rate (average over studies). In a praiseworthy 2007 attempt to raise its standards, the APA identified seven test formats as “validated” per the following research criteria: • The research had to be published in full. • The research had to be replicated.

74 THE FORENSIC EXAMINER Fall 2008

• The published polygraph technique had to be identified by name or reported in sufficient detail so that the correct name for the technique could be determined. • When multiple techniques were reported, the accuracy figures had to be available for each technique. • The accuracy figures had to be broken out separately for truthful and deceptive cases. • The ground truth criteria must have been independent of the polygraph results. • The testing and scoring technique must have been representative of field practices. • The field cases must have been randomly selected or, with laboratory studies, subjects must have been randomly assigned to either deception or non-deception conditions. • The formulation of decisions of deception or truthfulness on individual cases could not consider the results of other examinations on the same crime. For laboratory data, programmed countermeasure cases were excluded. While the Army Modified General Question Technique (MGQT), the Concealed Information Test (AKA Guilty Knowledge Test), Federal Zone Comparison Test (AKA Army ZCT), Reid Technique, Relevant-Irrelevant (RI) Screening Test, Test for Espionage and Sabotage (TES), and Utah Zone Comparison Technique all meet the definition of “validated format” (Krapohl, 2006), they are not all applicable in post-conviction testing. Under new research criteria, only one usable format, the Utah Technique, reaches an overall accuracy rate of more than 90%. Research shows that the Utah Zone is correct in 92% of deceptive cases and in 89% of truthful cases, giving it an overall accuracy rate of 91%. These rates are without inconclusives, and the Utah Zone has an inconclusive rate of 12%. This author considers it laudable how the APA has classified a polygraph examination as either evidentiary or investigative and has established different ‘acceptable error rates’ for evidentiary and for investigative testing, but this is where the praise ends. This is because these standards identify postconviction sex offender testing as an investigative examination, and, per the current APA standards, the acceptable rate of error for an investigative/postconviction examination is 20%, while evidentiary exams are held to a higher standard of 10%.

Definitions Per APA Standards of Practice (2007), an evidentiary examination is “a polygraph examination, the written and stated purpose for which, agreed to by the parties involved, is to provide the diagnostic opinion of the examiner as evidence in a pending judicial proceeding.” Per APA Standards of Practice, www.acfei.com

an investigative examination is “a polygraph examination for which the examination is intended to supplement and assist an investigation and for which the examiner has not been informed and does not reasonably believe that the results of the examination will be tendered for admission as evidence in a court of record. Types of investigative examinations can include applicant testing, counter-intelligence screening, post-conviction sex offender testing, as well as routine multiple-issue or multiple-facet criminal testing.” Based on the above definitions and the following observations, this author feels that post-conviction examinations should be considered evidentiary and, as a result, be held to a higher standard. Again, this author is not concerned with terminology but with the impact of a lower standard. Because of the Daubert decision, reasonable belief that results will be tendered for evidence applies to post-conviction as well as evidentiary examinations. “Daubert opened the door for the admissibility of polygraph data in post-conviction sex offender management, because it gives district courts the authority to determine if evidence is relevant and reliable” (English, Jones, & Patrick, 2002). “Following Daubert v. Merrell Dow, renewed efforts have been made to introduce polygraph test results. Although Daubert technically applies only to the federal courts, several states have chosen to adopt the Daubert standard for admission of scientific evidence. In so doing, these states have revisited their admissibility standards after Daubert and specifically elected to adhere to the Frye test, whereas others have attempted to intertwine aspects of both.” (Stern, 1997) Some may argue that post-conviction tests are not evidentiary because they are not part of a pending judicial proceeding. But post-conviction tests are a result of an ongoing judicial proceeding that continues until the sentence has been served, in full. Then there is a possibility of civil commitment. Civil commitment hearings will review polygraph examinations given during treatment and supervision. Currently, 20 states (Arizona, California, Florida, Iowa, Illinois, Kansas, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, North Dakota, New Jersey, New York, Pennsylvania, South Carolina, Texas, Virginia, Washington, and Wisconsin) have civil commitment laws, as does the District of Columbia. Convicted sex offender examinees are in fact ordered by the court of record to participate in post-conviction testing, and participation or lack thereof is a matter of court record. Some courts directly order polygraph testing during sentencing, some courts order offenders to follow the directions of their supervising officer, and some courts modify sentences based on post-conviction testing results. (800) 423-9737

Post-conviction polygraph reports are reviewed by “an arm of the Court” (U.S. v. Saxena, 2000). Although some may argue that post-conviction examinations are not used as evidence in Court, the “recipients of the examination results are technically court officials since the officer works on behalf of the court” (K. English, personal communication, May 22, 2007). Although “it is more common that the information from the polygraph examination triggers the supervising officer to increase surveillance or contacts with family members to investigate ‘red flags’ that surfaced during the examination” (K. English, personal communication, May 22, 2007), the likelihood of testimony on post-conviction testing exists, just as it does in evidentiary testing. Some will argue that evidence in a post-conviction hearing is held to a standard of preponderance of evidence, while evidentiary tests must meet the reasonable doubt standard. Evidentiary exams are used in civil and criminal proceedings. Post-conviction polygraph exams range from revocations to sentence modifications to civil commitment, and evidence used in these proceedings must meet both thresholds. Fall 2008 THE FORENSIC EXAMINER 75

A CASE STUDY

As a private and law enforcement polygraph examiner since 1980, this author has been summoned to court more than 100 times to testify as an expert witness in criminal and civil trials. Since 1992, he has testified under oath about post-conviction cases more than 30 times. The following is a true story of a post-conviction case, offered only to describe why post-conviction testing should be conducted using validated methods that are explainable and defendable in court. Joe (name changed) was on probation for public indecency/child molestation, as his instant offense involved exposure to two young girls at a public swimming pool. His initial sentence made no mention of polygraph, and his special conditions of probation included sex offender specific treatment. The treatment program Joe entered required polygraph testing during evaluation and treatment. When first evaluated by a treatment provider, Joe admitted that pre-conviction

he had exposed himself in public “only to adults” regularly over an extended period and claimed that exposure to children during the Instant Offense was an “accident.” When he was referred to me for his initial examination, the validity of this claim seemed of greatest importance because his sentence allowed him to live with his wife and adolescent children, whom of course had adolescent friends. This was established as the relevant issue at the inception of the pre-test interview, and Joe made no modification to his claim that, since an adult, his only underage victims had been the victims of the Instant Offense. Before testing, “underage” was defined as “under 17,” and “adult” was defined as “21 and over.” In the Instant Offense Disclosure Test, using a three-question Utah Zone format, the relevant questions were: Since an adult, have you exposed your sexual organs to any underage person you have not told me about?

s MCT illustration by Mark Hoffer/Fort Worth Star-Telegram

Some may argue that post-conviction tests are not evidentiary because they are not part of a pending judicial proceeding. But postconviction tests are a result of an ongoing judicial proceeding that continues until the sentence has been served, in full. Then there is a possibility of civil commitment.”

Some will argue that post-conviction examinations are not evidentiary because they are not single-issue examinations. It is this author’s belief that any multiple-issue situation can be addressed in a single-issue test, either by using exploratory and then single-issue tests or by prioritizing and focusing on the most important issue.

Court Rulings The use of post-conviction examinations has been appealed by several defendants and the following provide only a sample: In U.S. v. York (2004), the 1st Circuit Court affirmed sentencing conditions that included postconviction polygraph. Lennell York Jr. was incarcerated on a sexual offense and while in prison mailed a threatening letter. He admitted this to the FBI, pleaded guilty, and was consequently ordered to participate in sex offender treatment and to submit to periodic polygraph testing. York appealed these conditions based on several arguments, one of which was that the polygraph is an “inherently unreliable and thus unreasonable means of ensuring compliance with supervised release conditions.” Quoting from U.S. v. Scheffer, York pointed to the Supreme Court’s acknowledgment that “there is simply no consensus that polygraph evidence is reliable.” The Court responded: “The United States does not deny that polygraph technology is of doubtful reliability, but it asserts that the polygraph is nevertheless a useful tool for policing defendants’ compliance with conditions of supervised

76 THE FORENSIC EXAMINER Fall 2008

release. Regardless of the device’s actual ability to detect lies, the government suggests, the polygraph provides an incentive for York to pursue his treatment program honestly because he may believe that if he lies about his progress, the polygraph will expose him.” In Kansas v. Lumley (1999), the defendant appealed a prison sentence that resulted from his untruthful answer to a polygraph question regarding contact with a child. The appeal was denied with the judge finding that polygraph reliability was sufficiently robust to be acceptable for a parole or probation revocation hearing that requires a preponderance of evidence instead of a standard of reasonable doubt. The same judge stated that the “sex offender community could not be maintained without polygraph.” In U.S. v. Lee (2003), the defendant appealed a condition of his release (polygraph), and the 3rd Circuit Court affirmed the conditions. In November 2000, Albert Lee was convicted in federal court on charges of transportation of child pornography, possession of child pornography, and enticing a minor by computer to engage in sex. When Lee appealed his sentence, the Court stated, “We find that the polygraph condition is reasonably related to the protection of the public, as well as the rehabilitation of the appellant. The polygraph testing could be beneficial in enhancing the supervision and treatment of Lee.” In Jones v. Virginia (2003), the State Appeals Court affirmed a revocation based on failure to cowww.acfei.com

Since the age of 21, have you exposed your sexual organs to any underage person you have not told me about? Besides the two girls at that pool on XXX, since an adult, have you exposed your sexual organs to an underage person? While I use at least three other formats, the Utah has become my favorite post-conviction format because of its simplicity, because the rotation of questions in each chart keeps things fresh, and because the between-chart dialogue can be quite productive. “(T)he Utah PLT was created by psychologists and founded upon known and proven principles of psychology and psychophysiology” (Raskin and Honts, 2002). Joe was deceptive on this examination, and in the post-test interview, he admitted that in his sexual history, he had exposed himself to children more than adults “probably over 50 times” in the year prior to his arrest. He also described frequent cruising in his car, looking for a target, and masturbating in public.

My report was sent to probation and treatment, and the provider requested that Joe move away from his daughters. Joe refused to move until he was threatened with a violation. I testified about his admissions in his modification hearing, and his sentence was modified to prevent him from living with his family and from having unsupervised contact with any underage person, including his own children. A year and a half later, at the inception of Joe’s fourth maintenance test, he immediately offered to me that since last tested he had violated his probation by going to a public park “to see if treatment is working, to see if my urges would come back, but nothing happened—what if my mind plays tricks on me and I confuse thinking with doing?” I immediately assured him that the upcoming test would be focused on his physical and not mental activities since the preceding test had clearly defined “sexual contact,” as “hands-on or hands-off” behavior with another person. He made no further admis-

operate with post-conviction polygraph. In 2000, Sylvester L. Jones was convicted of taking indecent liberties with a child and given a split 5-to-3 sentence; his probation was revoked when he refused to cooperate with a polygrapher. “The defendant initially answered the polygraph examiner’s questions, but he ‘basically just froze up’ when the examiner asked questions about his involvement in an attempted abduction of an 11-year-old, which occurred during his probation. The defendant refused to answer further questions and ‘said that he thought he needed to talk to an attorney.’” The test was immediately stopped and never completed. His probation was revoked for a portion of the remaining sentence. In his appeal, Jones argued that he was asking for an attorney to be present, and the court stated that the right to counsel did not apply to non-custodial interviews. In U.S. v. Dotson (2003), Dotson argued sentencing conditions, and they were affirmed by the 4th Circuit Court of Appeals in North Carolina. Robert Morris Dotson Jr. pleaded guilty to attempting to receive a child pornography videotape in commerce after a postal inspector posed as a pornography peddler and Dotson ordered child pornography videos. The court ruled that “the use of a polygraph test here is not aimed at gathering evidence to inculpate or exculpate Dotson. Rather, the test is contemplated as a potential treatment tool upon Dotson’s release from prison—as witnessed by the district court’s direction that the results of any polygraph testing not be made public.” (800) 423-9737

sions, other than that he was unemployed, living in a shelter for free, and driving a car loaned to him by that shelter. I again used a single-issue Utah Zone three-question version format and asked these Relevants: Since your last test, have you had sexual contact with anyone younger than 17? Since XXX, have you had sexual contact with an underage person? Since your last test, have you had sexual contact with an underage person? The Comparison questions follow: Since your last test, have you lied to an authority? Since your last test, have you lied to a legal authority? Since your last test, have you lied to anyone you consider an authority? Between-chart stimulation and question review in the Utah Technique has been shown to dramatically decrease the false negative

In U.S. v. Wilson (1998), the 6th Circuit Court affirmed post-conviction polygraph and stated that polygraphs are “tools to help the probation officer monitor defendants’ rehabilitation and compliance with release conditions.” In State v. Travis (1994), the court found that while the defendant’s agreement to a probation condition requiring him to submit to a polygraph examination did not establish admissibility of the results, the defendant’s probation was subsequently revoked for non-compliance. In U.S. v. Zinn (2003), the 11th Circuit U.S. Court of Appeals ruled in support of court-ordered polygraph. In a child pornography case, Karl P. Zinn was in possession of more than 4,000 images of child pornography stored on computer diskettes and compact disks. Zinn pleaded guilty and appealed post-conviction polygraph obligations. In its ruling the District Court stated, “[T] he results of the polygraph examination may not be used as evidence in court to prove that a violation of community supervision has occurred but may be considered in a hearing to modify release conditions.” In Kansas v. Foster (2006), the defendant argued that his civil commitment was based on a psychological evaluation report that noted polygraph examinations taken while in sex offender specific treatment. The Kansas Supreme Court overturned the commitment of the defendant, ruling that polygraph evidence is inadmissible in Kansas commitment proceedings, because the standard of

Some will argue that post-conviction examinations are not evidentiary because they are not single-issue examinations. It is this author’s belief that any multiple-issue situation can be addressed in a singleissue test, either by using exploratory and then single-issue tests or by prioritizing and focusing on the most important issue.”

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rate (54%) and the false positive rates (2.9%) (Handler, 2007). The between-chart dialogue with Joe was quite enlightening. After the second chart, he offered that instead of “testing my urges,” he had been bored, watched an adult movie on cable (provided by the shelter), went cruising, and “wound up at the park-just sitting there.” Joe also said, “I didn’t tell my PO about going to the park; I know you think that is a lie.” I then modified each comparison question with an OT (other than what you have said) and asked, “Do any other questions need to be modified?” He said “the other questions are okay. I only fantasized, and it wasn’t about anyone in particular ... I just needed to get that out.” After the third chart, the score was -2 (inconclusive). Joe and I talked a little more, and two more charts were generated. (This is another reason I like the Utah.) By the end of the fifth chart, Joe had admitted to going to the park at least 15 times since the preceding test under similar circumstances (boredom, pornography, cruising).

While legal rulings to this date show no absolute acceptance of postconviction polygraph, the fact of the matter is that a post-conviction polygraph has the same likelihood of showing up in a courtroom as any other.”

The final score was -13, making the final call Deception Indicated. In the post-test, Joe admitted to “lying to his therapist and group” about fantasies and continued to deny any “physical” sexual contact with an underage person at the park or anywhere else. He then added that he masturbated “most of the times I went to the park” and said that he sometimes focused on a particular young female “between 10 and 12, but she didn’t see me.” Joe was arrested on violation of his probation and held in the county jail—because of his admission of going to the park and masturbating in public. Subpoenaed to his revocation hearing, I found that Joe was claiming that I had threatened and tricked him into confessing something he had not done. A video of the full examination was entered into evidence as proof that the pretest was non-accusatory, Joe’s admissions were voluntary, and the examination was done correctly. When I testified that I used the Utah Technique because of its accuracy and his-

proof in that state is beyond a reasonable doubt, and civil commitment hearings could lead to loss of freedom. In U.S. v. Taylor (2003), the 11th Circuit Court found that polygraph testing is useful in promoting the treatment of sex offenders because “probationers fear that any false denials of violations will be detected.” Although these legal rulings show no universal acceptance of post-conviction polygraph for evidentiary purposes in a court of law, the fact that post-conviction polygraph is constantly under the scrutiny of the court and can become part of the evidence used in court should convince post-conviction polygraph examiners to conduct examinations in the best possible manner.

Conclusion This article has shown that post-conviction sex offender testing can be conducted with lower standards and a higher error rate or with higher standards and a lower error rate. Which route is taken is a matter of decision and not necessity. From a community safety perspective, the importance of optimal post-conviction examinations is undeniable, and in this author’s opinion, the likelihood of going to court only increases the importance. A vital tool in the community supervision of offenders for almost 40 years, post-conviction polygraph is, in this author’s opinion, “a giant step in the evolution of polygraph. That step can be forward, towards general acceptance in the scientific com78 THE FORENSIC EXAMINER Fall 2008

tory of being quoted from research (Raskin and Honts, 2002; Handler, 2007), the prosecutor asked if all post-conviction examiners felt as strongly as I when it came to the need for reliability. I answered, “I should hope so.” This was an interesting hearing, because Joe had chosen to hire another polygrapher and had himself tested while he was in jail, I think hoping to get a bond. He was non-deceptive on that test but did not get a bond. During my cross-examination, the defense attorney asked how I felt about the “independent” examination his client had taken and suggested that the difference in result was indicative of the unreliability of polygraph. I replied that if one person was tested twice about the same issue and both tests were done correctly, the results would be the same. I then offered that the relevant questions asked by the other examiner were unacceptable and explained: A relevant question is a question asked during a polygraph examination that pertains directly to the issue at hand (allegation/purpose

munity, or backwards, towards who knows what” (Blackstone, 1998). Highly accurate and validated techniques are available for post-conviction testing today, and new, customized techniques—based on validated principles—will be available tomorrow. While legal rulings to this date show no absolute acceptance of post-conviction polygraph, the fact of the matter is that a post-conviction polygraph has the same likelihood of showing up in a courtroom as any other. It is this author’s opinion that every examination should be conducted as though it were headed for the Supreme Court. If only one in one million post-conviction examinations makes it that far, that one test will have more impact on the polygraph profession that all of the others combined.

References Abrams, S., & Ogard, E. (1986). Polygraph surveillance of probationers. Polygraph, 15, 174–182. Ahlmeyer, S., Heil, P., McKee, B., & English, K. (2000). The impact of polygraphy on admissions of victims and offenses in adult sexual offenders. Sexual Abuse: A Journal of Research and Treatment, 12, 123–138. Argenbright International Institute of Polygraph: Atlanta, GA. (1998). Test Question Construction. Basic school training manual, 4–5. Bureau of Justice Statistics (BJS). (2005). Probation and Parole Statistics. U.S. Department of Justice, Office of Justice Programs. Blackstone, K.E. (1998). Polygraph surveillance in probation and parole. Manual written for Stone Mountain Judicial Circuit. Center for Sex Offender Management. (2000). Community Supervision of the Sex Offender: An Overview of Current and Promising Practices. Office of Justice Programs, U.S. Department of Justice.

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of examination). Although I conceded that post-conviction examinations differed from “criminal exams” because there is seldom a pre-determined relevant issue for the examination, the basic principles of question construction still applied. I then reviewed the relevant questions asked by the second examiner: Did you expose yourself in that park for sexual enjoyment? Did you show yourself while in that park for sexual reasons? Did you go to that park to expose yourself for sexual gratification? I then quoted from a basic polygraph training manual (Argenbright, 1998) these basic rules for construction of relevant questions: Ask questions that are clear, concise, and without ambiguity. Avoid asking questions about perceptions or intent. (This rule is frequently ignored in the testing of sexual offenders, and considering the errant thinking common in sex offenders, it is a very important rule.)

Avoid asking compound questions. When multiple issues exist, determine the most serious offense. Focus on the action that describes the offense (hit, shoot, touch). Present a dichotomy so that examinee can answer yes or no. Avoid action verbs (kill, hurt, molest) that may be emotion provoking, judgmental, or from legal terminology. For example, a poorly-worded versus a properly-worded question would be the following: “Did you stimulate that girl’s sexual organs for your or her sexual pleasure?” v. “Did you touch that girl’s sexual organs?”

Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993). 509 U.S. 579. English, K., Pullen, S., & Jones, L. (Eds.). (1996). Managing adult sex offenders: A containment approach. Lexington, KY: American Probation and Parole Association. English, K., Jones, L., and Patrick, D. (2002). The polygraph plays a key role as a containment tool for convicted sex offenders in the community. Polygraph, 31(4), 240–253. Frye v. United States. (1923). 293 F. 1013 (D.C. Cir.). Handler, M. D. (2006). Utah probable lie test. Polygraph, 35(3), 139–148. Human Rights Watch. (2007, September). No easy answers sex offender laws in the U.S. Human Rights Watch, 19(4G), 3-4. Jones v. Virginia. (2003). http://www.courts.state. va.us/opinions/opncavwp/2637021.pdf Kansas v. Lumley. (1999). WL 218704. Keith, R. (2006, June 24). Illinois measure would move some from sex offender list. Associated Press. Krapohl, C. (2006). Comparison of evidentiary and investigative decision rules. Polygraph, 35(1), 55–62. Langan, P. A., & Levin, D. J. (2002). Recidivism of prisoners released in 1994. Washington, DC: U.S. Department of Justice. Bureau of Justice Statistics Bulletin. Langan, P. A., Schmitt, E. L., and Durose, M. R. (2003). Recidivism of sex offenders released from prison in 1994. Washington, DC: U.S. Department of Justice. Bureau of Justice Statistics Bulletin. Retrieved from http:// www.ojp.usdoj.gov/bjs/pub/pdf/rsorp94.pdf Minnesota Department of Corrections. (2007). Sex offender recidivism in Minnesota – April 2007. Retrieved from www.doc.state.mn.us People v. Foster. (2006, Feb. 3). Case No. 91,324 Kan. Sup. Ct. Retrieved from http://www.kscourts.org/kscases/ctapp/2005/20050318/91324.htm

Raskin, D. C., & Honts, C. R. (2002). The comparison question test. In M. Kleiner (Ed.) Handbook of Polygraph Testing. London: Academic. State v. Travis. (1994). 125 Idaho 1, 867 P. 2d 234. Stern, P. (1997). Preparing and presenting expert testimony in child abuse litigation. Sage Publications. Tennessee Bureau of Investigations Crime Statistics Unit. (2007). Recidivism study. Retrieved from http:// www.timesfreepress.com/media/pdf/Sex_Offender_Recidivism_2007_8-14-07.pdf United States v. Dotson. (2003). 324 F.3d 256, 261 12 (4th Cir.). United States v. Lee. (2003). 315 F.3d 206, 213 (3d Cir.). United States v. Saxena. (2000). 229 F.3d 1, 5 n.1 (1st Cir.). United States v. Scheffer. (1998). 523 U.S. 303, 309 (1998). United States v. Taylor. (2003). 338 F.3d 1280, 1284 n.2 (11th Cir.).

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The defense attorney changed the subject and implied that I had run five charts to “intimidate” his client. I simply explained that proper procedure for the Utah format requires two additional charts if the first three

are inconclusive, and proper procedure for the Utah had been followed. When the defense attorney asked me to score the test given by the other examiner, I replied that scoring was a measurement of physiological response to questions being asked, and if the question was invalid, the response was invalid. The attorney asked why I was being defensive, and I continued to explain why ambiguous and compound questions with an action verb such as “show” and questions about intent, purpose, perspective, and emotion were unacceptable. I then quoted from the APA Journal, “It is generally recognized that decision accuracy is degraded when multiple issues are presented in the same test, or as relevant questions become more ambiguous” (Krapohl, 2006). I also added that poorly written questions can lead to false positives as well as false negatives, and my main interest was in my profession and how it can help the community as a whole. Joe’s probation was revoked for the remainder of his sentence. n

United States v. Wilson. (1998). No. 98-5373, 1998 WL 939987, at *3 (6th Cir.). United States v. York. (2004). 357 F.3d 14, 22 11 (1st Cir.). United States v. Zinn. (2003). 321 F.3d 1084, 1089-90 14 (11th Cir.). (02-10782). n

Earn CE Credit To earn CE credit, complete the exam for this article on page 71 or complete the exam online at www.acfei.com (select “Online CE”).

About the Author Kenneth Blackstone is a full member of the American Polygraph Association, the Georgia Polygraph Association, and the Florida Polygraph Association, a professional member of the Association for the Treatment of Sexual Abusers, a Diplomate of the American Board of Forensic Examiners, and a life member of the American College of Forensic Examiners Institute (ACFEI). He has been certified as a postconviction examiner, as a forensic consultant, and recognized as an expert witness regarding the proper use of polygraph in civil, clinical, and criminal testing settings with a focus on sexual offenses and post-conviction testing. With more than 27 years of experience as an examiner and expert witness, Mr. Blackstone’s expertise is well respected. Fall 2008 THE FORENSIC EXAMINER 79

Computer Forensics

Terror on YouTube The Internet’s Most Popular Sites are Becoming Tools for Terrorist Recruitment “Protecting our citizens from terrorist attacks is a top priority for our government,” Lieberman continued. “The private sector can help us do that. By taking action to curtail the use of YouTube to disseminate the goals and methods of those who wish to kill innocent civilians, Google will make a singularly important contribution to this important national effort.”

Many Terrorist Videos

By Ingrid Caldwell

ince its creation, the Internet has been viewed as a symbol of democracy and free speech, a tool for communicating, networking, and learning. But there is a dark side to the unregulated sprawl of the World Wide Web, and it doesn’t take a computer forensics expert to find it. The very same features that make it convenient for the average user to socialize with friends or research for a school paper are now being used by terrorist organizations to recruit, raise funds, and attract a whole new generation of supporters.

s Above, typing “Iraqi resistance” into a YouTube search will reveal several videos sympathetic to or promoting the insurgency in Iraq. The Iraqi videos show U.S. soldiers being shot and flag-covered coffins of soldiers killed in the line of duty.

The terrorist presence on the Web concerned Homeland Security and Governmental Affairs Committee chairman Joe Lieberman (ID-Conn.) so much that he wrote a letter to Google chairman Eric Schmidt, urging him to remove from YouTube all videos with ties to terrorist organizations. In his letter, Lieberman wrote that terrorists use YouTube and similar sites to “disseminate their propaganda, enlist followers, and provide weapons training” and that they unintentionally “permit Islamist terrorist groups to maintain an active, pervasive, and amplified voice, despite military setbacks or successful operations by the law enforcement and intelligence communities” (Senate Committee on Homeland Security and Governmental Affairs, 2008).

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YouTube responded to Lieberman’s request by taking down some videos that the company said violated its policies on content. But The Forensic Examiner found that on June 18, weeks after the Lieberman initiative, many videos remained on YouTube that appeared to promote or affiliate with terrorist groups such as Hamas, Hezbollah, Al-Qaeda, and the Iraqi insurgency. One disturbing YouTube video featured Star Wars action figures recreating the beheading of American journalist Daniel Pearl. Though the actual Pearl execution is not on YouTube, it can easily be found elsewhere on the Internet. YouTube videos posted by supporters of the Iraqi insurgency show American soldiers being shot and flag-covered coffins en route to the United States. Other YouTube videos found by The Examiner included tributes to suicide bombers, propaganda promoting Hamas and Hezbollah leaders, and statements alleging that the U.S. is covering up its actual casualties in Iraq. One cartoon image showed a bloody U.S. soldier caught in a mousetrap that featured the Iraqi flag. Osama bin Laden’s message praising the attacks of 9/11/2001 also can be found on YouTube.

Free Speech Debate Lieberman’s plea re-ignited the nationwide debate about when—if ever—security should override freedom. Civil libertarians ask: Terrorists on the Web pose a very real threat, but would harshly regulating Internet content in an attempt to stop them do more harm than good? In his report “How Modern Terrorism Uses the Internet,” Gabriel Weimann (2004a, p. 2) states that security agencies have focused too much on potential acts of cyberterrorism (such as virus attacks and hacking) and have failed to widely address the more common ways terrorists use the Internet www.acfei.com

every day. Although cyberterrorism is a real threat that needs to be handled seriously, terrorists more commonly use the Internet to recruit new supporters, mobilize current supporters, raise funds, find information on potential targets, and wage campaigns of intimidation and disinformation. Weimann (2004a, p. 2) states that in 1998, “around half of the 30 organizations designated as ‘Foreign Terrorist Organizations’ under the U.S. Antiterrorism and Effective Death Penalty Act of 1996 maintained Web sites; by 2000, virtually all terrorist groups had established their presence on the Internet.” Modern terrorist organizations have changed with the times, operating more like a PR-savvy corporation than a stereotypical bunch of nomads hiding in a back room. One of Hezbollah’s sites targets international journalists directly and encourages them to contact the organization’s press office (Weimann, 2004a, p. 4). According to Weimann, Web sites maintained by terrorist groups use similar methods of propaganda, aiming their messages at current and potential members, the global public, and citizens of enemy states in order to gain sympathy and financial support. “Typically, a (terrorist organization) site will provide a history of the organization and its activities, a detailed review of its social and political background, accounts of its notable exploits, biographies of its leaders, founders, and heroes, information on its political and ideological aims, fierce criticism of its enemies, and up-to-date news,” said Weimann in his report. “Despite the ever-present vocabulary of “the armed struggle” and “resistance,” what most sides do not feature is a detailed description of their violent activities” (p. 4). Using sophisticated rhetorical methods, online terrorists attempt to convince their audiences that their violent acts are necessary to achieve “greater peace,” that they have no other choice. Their tactics are undeniably successful: Since Sept. 11, numerous threats of big attacks on U.S. soil have appeared on al Qaeda’s Web site, and while none of these threats came into fruition, they attracted significant media attention and managed to perpetuate the nationwide feelings of fear and insecurity that arose post-9/11. In a 2003 speech, former Secretary of Defense Donald Rumsfeld read the following passage from an al Qaeda training manual recovered in Afghanistan: “Using public sources openly and without resorting to illegal means, it is possible to gather at least 80 percent of all information required about the enemy” (as cited in Weimann, 2004b). “Public sources,” of course, refer primarily to the Internet, where the average user can find anything from maps of the New York subway system to commercial flight schedules to the current whereabouts of a particular U.S. politician—all without sacrificing anonymity. (800) 423-9737

Left, this cartoon is taken from a YouTube video celebrating the “Iraqi resistance.” Several videos feature scenes glorifying the death and injury of U.S. troops fighting in Iraq.

s Above, Hamas leaders are promoted in a YouTube video.

t Sen. Joe Lieberman of Connecticut has spoken out against Web sites that publish messages and recruiting tools from known terrorist groups.

t Former Secretary of Defense Donald Rumsfeld said in 2003 that terrorists can be tracked through their activity on the Internet.

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Top, Osama bin Laden praises the terrorist attacks of 9/11/2001 in this video available on YouTube. Above middle, an Iraqi “resistance” video features flag-draped coffins of U.S. troops. Above, Hezbollah leader Hassan Nasrallah is prominent featured in a pro-Hezbollah video on YouTube.

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Because there is no question that terrorists use the Internet every day to further their plans, the solution seems fairly straightforward: shut down their sites, take their videos off YouTube, closely monitor their chat rooms, and censor their blogs and news articles. But, as Dan Gillmore, a panelist at the 2005 International Summit on Democracy, Terrorism, and Security in Madrid, pointed out, it’s often more complicated than that. In some countries, the line between terrorist rebellion and legitimate political dissent is hard to distinguish, and heavy regulation of the Internet could actually backfire and endanger innocent people. “We believe that an attempt to end anonymity would be highly unlikely to stop a determined terrorist or criminal of any kind, but it would certainly have a deeply chilling effect on political activity in places where speaking one’s mind is dangerous and where certain kinds of unpopular speech could jeopardize someone’s livelihood or perhaps life,” Gillmore said (as cited in Ito, 2005). Another case for a free and open Internet rests on the idea that it is best to keep enemies in plain sight. As long as terrorist organizations uphold their presence on the Web, it is possible to keep track of their whereabouts, plans, and new campaigns. Rebecca MacKinnon, also a panelist at the 2005 summit, argued that the general public can play a useful role in the fight against terrorism—keeping a watchful eye on those corners of the Web that security agencies are not able to monitor constantly. “Terrorism is a problem of armies, it is a problem faced by police forces, but it is also a problem faced by ordinary citizens everywhere,” she said. “The best way to combat terrorism is to involve the general public in that fight and the best way to do that is though the open Internet” (as cited in Ito, J, 2005). On May 8, 2008, the Senate Committee on Homeland Security and Governmental Affairs released a report, “Violent Islamist Extremism, The Internet, and the Homegrown Terrorist Threat,” detailing the threat of terrorists on the Internet. Authored by Lieberman and Ranking Minority Member Susan Collins (R-Maine), the report calls on federal agencies to unify their scattered attempts into a single, comprehensive plan for responding to the terrorist web presence. “Despite recognition in the National Implementation Plan (NIP) that a comprehensive response is needed, the U.S. government has not developed nor implemented a coordinated outreach and communications strategy to address the homegrown terrorist threat, especially as that threat is amplified by the use of the Internet,” Lieberman and Collins (2008, p. 16) wrote. The committee’s report proposes no specific solution but stresses the immediacy of the problem, concluding that the “use of the Internet by al-Qaewww.acfei.com

da and other violent Islamist extremist groups has expanded the terrorist threat to our homeland. No longer is the threat just from abroad, as was the case with the attacks of September 11, 2001; the threat is now increasingly from within, from homegrown terrorists who are inspired by violent Islamist ideology to plan and execute attacks where they live. One of the primary drivers of this new threat is the use of the Internet to enlist individuals or groups of individuals to join the cause without ever affiliating with a terrorist organization” (Lieberman & Collins, 2008, p. 15). Because complete censorship is difficult and dangerous, perhaps what we need to do is not regulate but reign in the Internet as a tool—not impose heavy restrictions, which could hurt everyone, but utilize the freedom and global connection provided by the Internet to further the goals of democracy and peace. “The fundamental democratic values that are embedded in the architecture of the Internet are the same fundamental democratic values that will enable us to defeat terrorism,” said Andrew McLaughlin, head of Global Public Policy and Government Affairs for Google, Inc., at the 2005 summit. “They are openness, they are participation, they are distribution of authority, accountability; these are the essential features of the Internet, and if we view this medium properly, we can see that it is in fact the best ally that we have in fighting the scourge of terrorism.”

References Ito, J., moderator. (2005, March 10). Democracy, Terrorism and the Internet. International Summit on Democracy, Terrorism and Security. Retrieved June 9, 2008, from http://english. safe-democracy.org/keynotes/democracy-terrorism-and-theinternet.html#transcrip Lieberman, J., and Collins, S. (2008, March 8). Violent Islamist extremism, the Internet, and the homegrown terrorist threat. Senate Committee on Homeland Security and Governmental Affairs. Retrieved June 9, 2008, from http://hsgac.senate.gov/ public/_files/IslamistReport.pdf Senate Committee on Homeland Security and Governmental Affairs. (2008, May 19). Lieberman calls on Google to take down terrorist content. Senate Committee on Homeland Security and Governmental Affairs. Retrieved June 8, 2008, from http:// hsgac.senate.gov/public/index.cfm?Fuseaction=PressReleases. Detail&PressRelease_id=8093d5b2-c882-4d12-883d-5c670d 43d269&Month=5&Year=2008&Affiliation=C Weimann, G. (2004a, March). How modern terrorism uses the Internet. U.S. Institute of Peace. Retrieved June 10, 2008, from http://www.usip.org/pubs/specialreports/sr116.html Weimann, G. (2004b, April 30). Terrorism and the Internet. Computer Crime Research Center. Retrieved June 8, 2008, from http://www.crime-research.org/news/30.04.2004/254/ n

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s Top, in this “Iraqi resistance” video on YouTube, a gun sight crosshairs drifts across the screen. It eventually settles over the forehead of President Bush. Above middle, Hezbollah leaders and militaristic themes are featured in this YouTube video. Above, one YouTube video, posted by a New York taxicab driver who declares himself an Islamic revolutionary, recreates the beheading of journalist Daniel Pearl, using Star Wars action figures.

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Falsely Accused

Truth in Justice

By John Lechliter, Editor in Chief

Organization Uses Web Site to Fight for Rights of Wrongly Accused

heila Berry has been transformed by the American criminal justice system. As a victim/witness coordinator, she experienced “tunnel vision” in 1985, regarding a murder case that seemed a slam dunk to her colleagues in the prosecutor’s office.

s Sheila Berry stands beneath a microphone as she waits to be interviewed by the 48 Hours TV news magazine. Photo by Doug Berry.

A 19-year-old woman had been beaten, murdered, and left atop a burning bed in an Appleton, Wisconsin, apartment. The man suspected of killing her had already been charged with the attempted rape of a woman who looked strikingly like the murder victim, and in another sexual assault of which he was suspected, a bed had been set ablaze. A criminal profiler studied the case and proclaimed it to be a “disorganized sex crime,” even though the victim had not been sexually assaulted. The expert’s opinion seemed to solidify the circumstantial case. Berry and her colleagues went to the assistant district attorney who was in charge of the case and told him he should prosecute because he could win an easy conviction. His response surprised them. “Is that what you think it’s about?” the assistant DA asked. Though the circumstances strongly pointed to guilt, the evidence wasn’t there.

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Five years passed, and the unsolved case nagged at Berry. She was working in the Winnebago County, Wisconsin, district attorney’s office when she learned of a rapist who had gone to the same school as the victim. She called the Appleton police department in an attempt to get investigators to consider the new suspect. An officer told her he already knew who committed the murder, and the man was already in prison for another crime. Tunnel vision afflicted him. The real murderer later wound up implicating himself when he spoke about the killing. He was a burglar who panicked when the victim had returned to the apartment. He killed her, and then he set the bed ablaze. Berry knew that if not for the wise assistant DA, she could have become involved in prosecuting an innocent man. Her journey to becoming a crusader for the innocent had begun. Along the way, Berry’s conviction was bolstered by her dealings with a corrupt prosecutor who was apparently more interested in scoring political points than in finding truth and justice. And she went on to write a book about a case where she believes a woman went to prison for a murder she did not commit. Berry today is an author, investigator, and a tireless advocate for those she believes to be innocent. From her home in Richmond, Virginia, she and her husband, Doug, run a Web site, www. TruthInJustice.org, to shine light on cases of wrongful imprisonment. The site doesn’t have much in the way of cutting-edge video and graphics. What it contains are more then 1,600 pages of materials, much of it culled from news organizations. The Berrys scour through the Internet every day to find compelling stories of men and women who have been unjustly convicted. Thanks to prosecutorial tunnel vision, there is no shortage of cases for Truth In Justice to tackle. The “Recent Cases” link features more than 300 people who have been exonerated and freed after having been wrongly convicted. The site has drawn the attention of broadcast news network producers, including those at CBS and NBC, who seek stories about the falsely accused for news programs such as 60 Minutes. “One www.acfei.com

producer called it one-stop shopping for news magazines,” she said.

Causes of Bad Convictions Berry cites tunnel vision as one of the chief causes of wrongful convictions. Often, she says, prosecutors develop an emotional attachment to the theory they have developed. Their work becomes more focused on proving the theory true rather than finding the truth. “Some prosecutors get to the point where they are not trying a person—they are trying a theory,” Berry said. “They develop a very personal relationship with their theory. They will not let go of it.” This attitude may make it hard for a prosecutor to let go of a theory even when evidence to the contrary is produced. Everything that supports the theory is accepted while everything that “doesn’t fit” with the theory is dismissed. “Junk science” is also a problem that contributes to wrongful convictions, according to Berry. Forensic expert witnesses can be motivated to provide the information that the prosecutor wants to hear, and some may develop forensic techniques or methods of analysis that do not stand scientific scrutiny. She cited one recent case where a forensic expert testified in a trial that the defendant had been positively identified by the ear print he left at the crime scene when he had pressed his ear to a door to listen to what was going on inside. The jury bought the testimony and convicted the man, but the conviction was overturned on appeal. Berry says there has been much talk in recent years about the “CSI effect” on cases. The theory goes that jurors have been conditioned by watching such TV forensic shows as “CSI” into expecting that in order to prove guilt there must be high-tech evidence presented, such as DNA analysis. “They (800) 423-9737

talk about the ‘CSI effect,’ but that is just a myth,” Berry said. “People are still willing to believe whatever experts tell them.” Forensic testimony is powerful, Berry said, and forensic experts must hold themselves to the highest of standards in order to avoid becoming a contributing factor to a miscarriage of justice. “Maintain your objectivity,” Berry urges forensic experts. “Stay honest and ethical. Don’t take shortcuts.” She then quoted Plato, who said, “Science without virtue is immoral science.”

s A screen capture of the Truth in Justice webpage.

Arson Cases Among the biggest areas producing wrongful convictions are arson investigations, Berry said. She said there is often pressure to consider arson in cases where someone is killed and there is a survivor to blame. The very nature of arson implies Fall 2008 THE FORENSIC EXAMINER 85

that some forensic evidence would have been destroyed in the fire. Fire crime scenes can be difficult to investigate, leaving much emphasis on the biases and opinions of the fire investigator. The Truth in Justice Web site reports that there are 500,000 structure fires overall a year; 75,000 of them are labeled suspicious. A page on the Web site states: “John Lentini, who has campaigned widely to improve investigators’ knowledge, says most experts he talks with believe the accuracy of fire investigators is at best 80%—meaning as many as 15,000 mistaken investigations each year, and who knows how many convictions.” In 2000, Berry helped to form the Tetrahedron Committee, named after the chemical symbol for fire. The committee now includes 20 arson experts, who volunteer to review arson cases. The information they gather is shared with attorneys or innocence projects involved with arson cases. Berry acts as a facilitator for the committee, taking in evidence, burning CDs, and distributing information to the parties who need it.

Forensic Experts Can Help Forensic experts of all kinds can volunteer through Truth in Justice to help wrongfully accused people avoid or be released from prison. Keeping the wrong person out of prison can often help bring justice to the real guilty parties, which in turn can save lives. Berry said that forensic experts can volunteer their services by sending her an e-mail through the www.TruthInJustice.org Web site. Some who volunteer may be contacted immediately with a case to help with, while others may not hear back for some time, depending on the nature of the caseload.

Whether or not they volunteer, Berry urged forensic experts and those in the criminal justice system to consider the growing number of cases that have been overturned by DNA evidence. No nation has a perfect justice system, but evidence has been mounting in recent years that wrongful convictions occur at a disturbing rate in the United States. All who are involved in a criminal justice case are charged with finding truth. Without truth, Berry says, there can be no justice. n

About the Author John Lechliter is the editor in chief of The Forensic Examiner. He has had a 20-year career as a newspaper editor. He has also worked for the U.S. House of Representatives and was a member of the 1991 Kansas Select Committee on Ethical Conduct in the Kansas Legislature. He has published two history books. Contact him at editor@acfei.com.

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