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ACFEI Diplomate Dr. Reuben VaismanTzachor Discusses the Psychological Profiles of Terrorists

2006 Editorial Advisory Board

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 A. Baer, PhD, FACFEI, DABPS, DABFE, DABFM, Chair, American Board Psychological Specialties Members of the Executive Board of Advisors: Nick Bacon, CHS-IV, DABCHS, Past President of the Congressional Medal of Honor Society, Civilian Aide to the Secretary of the Army, Chair, American Board for Certification in Homeland Security Michael W. Homick, PhD, CHS-V, DABCHS, Chair, American Board of Law Enforcement Experts James L. Greenstone, EdD, JD, FACFEI, DABECI, DABLEE, DABPS, DABFE, CHS-V, CMI-I, Chair, American Board of Examiners in Crisis Intervention David Albert Hoeltzel, PhD, DABFET, DABFE, Chair, American Board of Forensic Engineering and Technology J. Bradley Sargent, CPA, CFS, Cr.FA, Chair, American Board of Forensic Accounting Russell R. Rooms, MSN, RN, CMI-III, CFN, Chair, American Board of Forensic Nursing Marilyn J. Nolan, MS, DABFC, Chair, American Board of Forensic Counselors Thomas J. Owen, BA, FACFEI, DABRE, DABFE, Chair, American Board of Recorded Evidence Michael Fitting Karagiozis, DO, MBA, CMI-V, Chair, American Board of Forensic Examiners Daniel S. Guerra, PhD, FACFEI, DABFSW, DABFE, Chair, American Board of Forensic Social Workers

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

VOLUME 15 • NUMBER 2 • SUMMER 2006

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Continuing Education Articles

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06 Psychological Profiles of Terrorists

By Reuben Vaisman-Tzachor, PhD, DABPS, DAPA

18 Adult Perceptions of Children with Learning Disabilities: Implications for the Forensic Psychologist By Erica Ruegg, EdD

24 Vision Science: Self-Guided Visual Therapy for Law Enforcement Skill Enhancement By Eugene R. Bertolli, OD, FACFEI, DABCHS, CMI-V; Constantine Forkiotis, OD, FCOVD, FAAO; Dominic R. Pannone, CMI-V, CHS-V; and Hazel Dawkins

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Case Studies/Current Issues

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The Cold Case of Carol Blades—The Missing Housewife Barbara Kemm-Highton, BS

Heating up Cold Cases

Minding Milosevic’s Mind—Improving International Justice by Creating Deeper Insight into Judicial Actions

Grave Evidence of Genocide: Using Forensic Palynology to Dig up the Truth Behind the Srebrenica Massacre

By Leann Long, BS

François Eugéne Vidocq: World’s First Undercover Detective

By Katherine Ramsland, PhD, CHS-V

Diagnosis: Death

Deserving of Freedom

Global Suicide

The Art of Forensics

By Laura Kirsch, JD, MA

By Barry Austin Goodfield, PhD, MFT, FABFE, DABFM, DABPS, AAETS

By Laura Kirsch, JD, MA

By Megan Augustine

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

By Carissa Corson, BS

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Psychological Profiles of

This article is eligible for CE credit in the following categories: ACFEI, CHS, APA. See page 4 for a key to these CE abbreviations and complete CE approval statements.

By Reuben Vaisman-Tzachor, PhD, DABPS, DAPA

Key Words: terrorism, psychological profile, terrorists, prevention protocol

Abstract This article proposes a psychological framework for understanding the minds of terrorists based on scientific analysis of actuarial data, psychological analysis of multiple sources, and synthesis of existing reports from around the world. This study explores the likely psychological makeup of terrorists and their motivations based on the evidence of their actions, selection of means, selection of targets, public statements, and characteristic histories. The discussion of a psychological profile in this study is offered in the context of its use in efforts aimed at greater security and terrorism prevention strategies. The framework is offered in conjunction with a thrust to develop a set of national terrorism prevention protocols, which will effectively address the challenges presented by the threats of domestic and international terrorism on U.S. soil and in international arenas.

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The Need for Psychological Profiling of Terrorists News media and professionals in the field continue to report serious problems with existing terrorism prevention efforts. Failure of police and intelligence agencies to properly use tacit knowledge routinely leads to ineffective technology use for the task of terrorism prevention (Tenner, 2001; Vaisman-Tzachor, 2005). Gross definition errors, particularly regarding the likely means for a terrorist attack, inevitably lead to unsuccessful efforts in terrorism prevention. Existing preventive protocols have also been plagued by designersâ&#x20AC;&#x2122; failures to understand the difference between knowledge-based, scientifically derived preventive efforts and those that are guided by heuristics (mental short-cuts). [For a complete discussion of this concept, please read in Kahneman & Tversky (1972, 1973, 1979, 1982).] Those responsible for cre-

ating procedures for terrorism prevention are unfortunately often guided by images of horror movies and a general sense of vulnerability (Navarro, 2004). Furthermore, those assigned to implement terrorism prevention procedures often do not know what types of people to look for. Instead, they apply the same preventive efforts to different situations in a cookie-cutter style, which renders them ineffective, costly, time consuming, and easily disrupted (Ripley, 2004; Crumley, 2003). It has been noted and widely documented (Garfinkel, 2001; Hogan, 2001; Vaisman-Tzachor, 1991; 1997; 2004) that available technologies and procedures routinely used around the world by other prevention agencies are not put to use in the United States where and when they should be (e.g., pre-flight interviews, explosives chemical detection kits, bomb-sniffing dogs, depressurizing chambers, etc.), leaving large segments of the United States un-

necessarily exposed to terrorism (Allison, 2005; Thompson, 2005). Consequently, current terrorism prevention efforts are easily thwarted and overcome by relatively simple and often primitive means (Vaisman-Tzachor, 2005). The paucity of effective terrorism prevention protocols should come as no surprise given reported difficulties in effectively collecting, disseminating, and responding to intelligence information (Hogan, 2001; Weldon, 2005). The 9/11 commission report issued by the congressional committee on terrorist attacks on the United States has made that point exceedingly clear (Kean et al., 2004). The most sophisticated and the best-funded intelligence-gathering technology in the world (possessed by the United States) has been designed to deal with Cold-War era ballistic missile threats, neglecting the human-intelligence resources and infrastructures necessary to deal with the gathering threat of terrorism (Tenner, 2001; Hogan;

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Weldon). In fact, it is evident that news media reporters are better able to locate and obtain interviews with the likes of Osama bin Laden and other terrorists than the CIA and the FBI have been over the years (Ghosh, 2005). Furthermore, terrorism prevention efforts continue to rely on faulty and erroneous assumptions that invariably result in incorrect conclusions and poor administrative decisions (Portella, 2004; Sweet, 2003; Jonietz, 2003). With that, the appointment of newly established, self-anointed experts in terrorism (the outcrop of which seems to have multiplied in recent years) to decision-making positions, such as the Transportation Security Administration, add to the growing fiasco of terrorism prevention (Shah, 2003; Dittmann, 2003; VaismanTzachor, 2005). The problems leading to prevention errors, failures to detect terrorists’ preparatory activities, and inappropriate use of terrorism prevention resources have been a result of the lack of systematic definitions of terrorists’ motives. The academic community’s attempts to create such definitions were largely descriptive and parsimonious but fell short in their functional significance and predictive validity (Seger, 1990; Edwards, 2003; Sageman, 2003), rendering them useless for the development of a coherent terrorism prevention strategy. Some proposed that terrorism was primarily a rational and strategic political vehicle for the attainment of political ends (Crenshaw, 1997, Crenshaw & Pimlott, 1997; Navarro, 2004), citing terrorists’ desire to call the public’s attention to their cause as the main motive, despite evidence indicating that terrorism is highly effective at inducing fear and worry and is invariably politically counterproductive (Merari, 1985). Others proposed that terrorism was an expression of violent believers with uncompromising ideologies and creeds who have a particular psychological makeup (Meloy, 2004; Meloy, Mohandie, Hempel & Shiva, 2001; Hoffer, 1951) who characteristically present with pathological narcissism or psychopathy (and other permutations of these psychological constructs) without particular political intents (Post, 1987; Reich, 1990). However, these definitions (and many commonly used defini-

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tions of terrorism) fail to view the world Internal Grading of Factors of Potential Terrorists from the terrorists’ perspectives. These em- The internal grading for the age factor of a potential terrorism perpetrator match would include the following: pathic failures invariably lead to the incor- • 18–25 years old Great likelihood for a match rect use of preventive efforts (Anonymous, • 16–18 years old and 25–30 years old Some likelihood for a match • <16 years old and >30 years old Small likelihood for a match 2003; DEBKAfile, 2004; Hass, 2004). Empathic failures also prevail in the in- Similarly, the internal grading for the immigration factor in foreign-born telligence community, in political arenas, domestic U.S. terrorism perpetrators would include the following: Great likelihood for a match and in the executive branches of govern- • Illegal/undocumented • Tourist/diplomatic status High likelihood for a match ment when it comes to the general under- • Work/student visa Good likelihood for a match standing of people from other cultures and, • Permanent resident Some likelihood for a match Small likelihood for a match more specifically, in understanding terror- • Naturalized citizen Slight likelihood for a match ists from other cultures (Middle Eastern, • U.S. born citizen Arab, and Muslim). Nuances of language The internal grading for marital status as a factor in the match between and meta-communications are frequently any person to the potential terrorism perpetrator include the following: Great likelihood for a match misinterpreted. Duplicity of meanings by • Single/bachelor • Steady relationship High likelihood for a match people from other origins usually escapes • Married/engaged Some likelihood for a match Small likelihood for a match those in the United States who are respon- • Married with children sible for deciphering the global politics of The internal grading for relevant religious, ethnic, or political terrorism (Anonymous, 2003; Rubinstein, affiliation would be as follows: 2004; CNN, 2004; Zagorin, 2005). • Membership in relevant organization (Arab, Muslim) Greater likelihood for match High likelihood for match Similar complaints are prevalent in a • Membership in relevant social group (Arab, Muslim) • Relevant sympathetic sentiments (to Arabs, to Muslims) Some likelihood for match book published by congressman Curt Wel- • No clear affiliations (to Arabs, to Muslims) Small likelihood for match don, the vice chairman of the congressional Homeland Security Committee and The internal grading for the psychological makeup of terrorists characters and interpersonal presentations would be as follows: vice chairman of the House Armed Ser- • Pathological narcissism Great likelihood for a match vices Committee (2005), regarding failures • Psychopathy (with or without criminality) High likelihood for a match Some likelihood for a match in the U.S. intelligence community. He • Narcissism Paranoia Small likelihood for a match points out that the CIA refused to adapt • • General unhappiness Slight likelihood for a match to the implicit changes in the terrorism landscape, where Iran has become the primary sponsor and purveyor of terrorism The first conclusion that must be drawn challenges, not those that are heuristically while creating closer ties to al-Qaeda and from this introduction is that the creation derived. Osama bin Laden, as well as to other orga- of a reasonably appropriate set of sciennizations such as Islamic Jihad, Hezbollah, tifically derived psychological profiles, What is a Profile? and Ansar al Islam. This refusal is largely including variables such as psychological, The most common misconception regardpolitically based and is driven by explicit social, religious, and political motives, as ing profiling is that either race or nationinformation provided by Iranian leaders well as behavioral patterns that have been ality serve as the only criterion on which who deny such connections (Frantz, 2005; acquired and collected over the years, will to generate a profile. Subsequent to this Weldon, 2005). Unfortunately, these nu- allow for a more targeted, correctly guided, assumption comes the assertion in popuances are often overlooked or misinter- and efficient effort in terrorism prevention. lar media and political discussions that preted by members of the U.S. intelligence Similarly, terrorism prevention efforts, us- formulating prevention strategies based community who come from a Westernized ing available technology appropriately and on race or ethnicity alone is essentially unculture where what is stated is usually con- cost-effectively, will emerge as coherent constitutional. Contrary to popular belief, sistent with what is intended and eventu- protocols for prevention. Better profile def- however, the terrorist population comprisally carried out. Consequently, decisions initions will engender the development of es numerous profiles that fit the various made in the United States by the execu- new and more appropriate technology to terrorist organizations and their respective tive branch and the preventive efforts that handle the likely threats. Therefore, better nationalities, ethnic and cultural backresult miss many critical changes in the definitions of terrorism, more awareness grounds, religious affiliations, and psytactics, strategic alliances, and maneuvers of the likely means and the likely targets chological makeups (Anonymous, 2003; of the political organizations and countries used by terrorists, a more thorough under- Sageman, 2004; Zagorin & Duffy, 2005). that support and supply terrorist organiza- standing of the political agendas that drive There is even evidence of intergroup varitions, ultimately misconstruing the actual terrorism, and clearer definitions of the ability within international terrorist orgameaning behind terrorist actions and in- psychological motives that lead to terrorist nizations that are known to span over most tentions. behaviors will result in applicable preven- continents, such as al-Qaeda, with terror tive efforts targeted against real threats and ist cells recruited from many countries,

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different ethnic groups, and sometimes divergent religious affiliations. For example, there is ample evidence that al-Qaeda agents have infiltrated Iraq and have been active in post-liberated Iraq. They have cooperated with Kurdish nationalist Ansar alIslam in Northern Iraq, the predominantly Sunni Muslim Saddam loyalists who are remnants of the former Ba’ath regime security apparatus in the North and around Bagdad, other paid militia remnants, the fedayeen of the old Saddam Hussein regime who are Iraqi nationalists, various predominantly Shia Muslim mujahedin (or holy warrior foreigners) including non-Arab Iranian fundamentalists, and Arabs from Yemen and Egypt, who include believers in the Wahabi fundamentalist version of Islam from neighboring Saudi Arabia and Yemen (Bennet & Ware, 2003; Ratnesar & Weisskopf, 2004; Bennet & Walt, 2004; Sageman; Weldon, 2005). Consequently, one must conclude that there are probably numerous profiles for numerous terrorist targets that vary along ideological lines, technical capacities, and group affiliations. The international flight/ domestic flight terrorist, the domestic public-building attacker, the foreign U.S. facility attacker, the domestic or foreign chemical terrorist, the domestic or foreign nuclear terrorist, and the attacker of national symbols and government agencies each possess unique and distinct characteristics. Each target group requires the development of a distinct profile of a likely terrorist based on statistical analyses (not heuristics, nor on purely race/nationality factors) of existing historical data and credible known threats, both from archives and from the intelligence community. Note that some categories are construed with overlapping boundaries; some members who belong to one category could be included in another category. This is because terrorists are not exclusive in the methods or targets they select, and terrorists may change their orientations and group affiliations. The overlap in the list of profiles accommodates variations in the working definitions of the categories offered by experts in the field. Ehud Sprinzak (2001) for example, describes the megalomaniacal hyper-terrorist as an entirely new category of terrorists, distinguished

by innovative, self-anointed individuals with larger-than-life callings but little interest in political ends. Members in this category could range from locals such as David Koresh of the Branch Davidians or Jose Padilla, the Dirty Bomber, to international terrorists such as Carlos the Jackal or Osama bin Laden of Al Qaeda. Considering overlap between the categories for a particular profile provides better coverage of the entire gamut of terrorist activity and allows for the introduction of changes as new information is made available. Each profile of a likely terrorist must have as many determinants as possible to

“

. . . one must conclude that there are probably numerous profiles for numerous terrorist targets that vary along ideological lines, technical capacities, and group affiliations.

”

facilitate a better match with a real terrorist in future preventive efforts. Possible factors include age range, educational background, ethnicity, socio-economic status, national origin, psychological makeup, marital status, character type, current economic state, criminal background, religious affiliation, immigration status, and social affiliations. Determinants extracted from historical data, known threats, and other sources are then rank-ordered according to their relative importance in the generation of a profile. Elements such as Arab ethnic or national background, for example, are found to be repetitively present in the historical data analysis of terrorism perpetrators and are highly important in the list of determinant variables (Anonymous, 2003; Sageman, 2004). Similar in importance due to its prevalence in the terrorist activity data is a Muslim religious affiliation or membership in organizations sympathetic to funda-

10 THE FORENSIC EXAMINER Summer 2006

mental Islam (Anonymous, 2003; Meloy, 2004; Navarro, 2004; Sageman; Weldon, 2005). Age range is factored heavily in the formulation of terrorism profiles based on data indicating that perpetrators tended to be between late adolescent to younger adults. (Surviving older terrorists become senior leaders and usually attempt to “graduate” into politics, thereby seeking greater legitimacy.) Other distinct characteristics of terrorism profiles were perpetrators who had fewer social and emotional ties to the communities in which they lived, tended to be unmarried, and did not have families of their own (Sageman; McDermott, 2005). Social and psychological marginality with a negative disposition toward society were also elements common in the Americanborn and domestic terrorists (Lewis, 2004; Meloy, 2004; Meloy, 2000). A psyhological profile consistent with Cluster B personality configuations (including antisocial, borderline, narcissistic, and histrionic personalities), with pathological narcissism scoring the highest (followed by psychopathy, narcissism, paranoia, and general unhappiness), is a very significant determinant of a likely terrorist (Ghosh, 2005; McDermott; Meloy, 2004; Meloy, 2000). Foreign-born terrorists who committed acts of terrorism within the United States, almost without exception, tended to have immigration statuses that were more transitional and often illegal (e.g., visa overstay violations or immigrated illegally into the country) (Tempest, Krikorian, & Romney, 2005; McDermott; Weldon, 2005). All too often, those groomed for future terrorist activities lived a lifestyle beyond what their socio-economic status could afford them prior to commission of their act. This is because they were, to a large extent, funded and financed by sources other than their own incomes (Anonymous, 2003; Navarro; McDermott). A few of the perpetrators had criminal backgrounds but were of lower rank in the terrorist organizations, presented a lesser menace, and posed a relatively lesser challenge to prevention efforts (e.g.., Richard Reid and Jose Padilla) (Lewis, 2004; Navarro; Meloy, 2004; Meloy, 2000). Gender was pervasively male, with few female exceptions, and group attacks were more common with the exception of suicide bombers, who usually carried out

their attacks alone (Sageman, 2003; Di- Using Profiles in Pre-flight Screenings Using an accurate terrorist profile, screeners could simplify the flight pre-screening process and focus etlind, 2005). efforts on those most likely to commit terrorist acts. For example, security checks at domestic and As can be surmised, each factor generates their international flights include the following: a set of internal grades for the likelihood of No Risk No Security Check a match to the likely terrorist. For example, • Passenger does not match the profile at all Minimal Risk Minimal Security Check Silke found the median age of high-risk • Passenger matches the profile slightly • Passenger matches the profile somewhat Some Risk Some Security Check male terrorism perpetrators was 23, while • Passenger matches the profile substantially Grave Risk Complete Security Check Imminent Risk Refuse to Fly, Call PD the median age of low-risk male terrorism • Passenger matches the profile perfectly perpetrators was 28 (1999).

The Social and Economic Factors Contributing to Terrorism The social and economic factors that contribute to the development of terrorists cannot be overstated. The emotional needs that terrorist organizations satisfy are welldocumented phenomena known to the psychological community (McDermott, 2005; Sageman, 2004; Magnarelli, 2003; Meloy, 2000; Post, 1987). Similarly, the economic realities and necessities of distressed communities have been exploited in the recruitment and ultimate launching of many terrorist attacks (McGeary, 2003; Smiles, 2003; Navarro, 2004). Likewise, the psychology, history, religion, and mythology of terrorism cannot be overstated, as they affect the social acceptance of the terrorist organization or the terrorist individuals within a particular sheltering community (Anonymous, 2003; Navarro; McDermott; Ghosh, 2005). More often than not, the terrorist is regarded as a mythical figure who represents a messianic being to members of those national groups and social entities, who are disenfranchised by political, religious, or ethnic circumstances. In many places where they are entrenched, terrorist organizations employ their financial tools and bureaucratic apparatus to establish schools, infirmaries, and other institutions to benefit the societies in which they are then protected. In doing so, such organizations only act to strengthen the existing identifications within the local populace and the terrorists’ political messages (McDermott; Tempest et al., 2005). These were the cases in the establishment of madrassas (religious schools) in Afghanistan by the Taliban, the establishment of schools and infirmaries in Lebanon by Amal and Hezbollah, and the establishment of schools and infirmaries alongside other municipal infrastructures in the Gaza Strip by Hamas.

In many ways, the social psychology models that have been developed to understand the social organization, group structures, and criminal and drug-smuggling behaviors around the world parallel the developments in terrorist social communities (Lichtenwald, 2003; Weldon, 2005; Ghosh, 2005). The internal pyramidal hierarchies of terrorist organizations and the respective levels of skills, knowledge, and commitment to the terrorist tasks at each level, as well as the behavioral characteristics and the behavioral manifestations at each level, mimic those seen in drug-trafficking organizations (Lichtenwald; Sageman, 2004; McDermott, 2005). Oftentimes, the same strategies applied to drug smuggling operations are used in terrorist activities. In the case of drug smuggling, cartels allow law enforcement to capture lower-level drug “mules” to reinforce their profile definitions of smugglers at that level while leaving the more elusive cartel leaders out of law enforcement sights. When these principles are applied to terrorism, it takes the form of maintaining a steady stream of lower-level terrorism activity in Iraq in order to sufficiently distract Americans from developing a more coherent and complete domestic terrorism prevention protocol in America, thereby buying al-Qaeda time to regroup and launch another spectacular attack on U.S. soil (Weldon). Essentially, in every place where people are in a state of distress (e.g., economic, national, or political) and their plight is not sufficiently noticed, terrorism can get them noticed. Likewise, in every place where peoples’ subjective sense of powerlessness is palpable, terrorism will remain a viable option for effective empowerment. However, these same human factors that define terrorists as people with motives and purpose also reveal exploitable psychological weaknesses that create vulnerabilities (Meloy, 2004; Navarro, 2004). This defi-

nition illustrates the multifaceted nature of a terrorist who can have malevolent and/or charismatic characteristics, be a follower and/or a believer of a creed or ideology, and who is an antisocial criminal and/or a respected member of society (McDermott, 2005; Anonymous, 2003; Navarro; Meloy, 2004; Meloy, 2000). These factors also generate behaviors that identify, quantify, and qualify terrorist individuals and groups. Terrorists tend to also become mythological archetypes of their respective societies and communities, particularly in the Third World and the Middle East, where they become heroes of their peoples (Post, 1987; Mishal & Sela, 2000; Anonymous, 2003). This is, to a large extent, because of historical antecedents, which engendered motivations among many in Middle Eastern and Muslim societies to find affinity with terrorism and to identify with Occidentalism — a global hatred of the West in general and anti-Semitism in particular (Gabriel, 2002; Juergensmeyer, 2000; Lewis, 2003; Anonymous; Sageman, 2003). All too often, corrupt and illegitimate regimes in such countries use the basic political principles proposed by Machiavelli — which include scape-goating another group of people (e.g., Jews, Americans) — in order to distract the populace from the inaptitude and cynicism of their own leadership (Weldon, 2005; McDermott, 2005). Thus, a marriage of convenience often prevails between countries, societies, criminals, and terrorist organizations, while the local people are compelled to passively join the struggle in mute assent (Weldon; Ghosh, 2005). So, the social mechanisms that give rise to terrorism as a viable option and sustain terrorism within certain communities are also determinants of the terrorist threat. This factor must be included in a definition of the terrorist as a member of a social

Summer 2006 THE FORENSIC EXAMINER 11

fabric and particular communities. Consequently, social behaviors, social and cultural affiliations, and political affinities define the pieces of the puzzle of who is a likely terrorist. For example, membership in a nation with an illegitimate and corrupt regime that supports (overtly or covertly) or tolerates terrorist organizations (e.g., Pakistan, North Korea, and Iran) may present a potential for one to belong to a terrorist group. Likewise, membership in disenfranchised societies and groups within nations, such as Chechen nationals in Russia, Sunni Muslims in Iraq, and Palestinians in Israel, presents the potential for membership in or sympathy toward terrorist organizations. In conclusion, the more detailed the profiles are, the greater the likelihood of finding a reasonably good match between the profile of the likely terrorist and the actual terrorist. Consequently, this will create a greater probability for success of preventive efforts in generating coherent, meaningful, and accurate preventive protocols. It is also expected to put to rest the concerns regarding violations of civil liberties and the constitutionality of the use of profiles.

The Relationship Between the Profile of a Terrorist and Prevention Efforts The better the match between the person/item/threat at hand and the definition of the likely terrorist, then the greater the scrutiny and more complete the application of the preventive treatment will be. Using the profile in this way would minimize how the public experiences preventative measures, streamlining prevention efforts while focusing on those most likely to be terrorists. A missing element in many of the existing analyses of terrorism behaviors and the motivations for terrorism is the goal of achieving notoriety. Recent sociological studies clearly indicate that Osama bin Laden is the most popular person in the world, particularly because his posters decorate the walls of many major mosques and street walls of Middle-Eastern cities (Anonymous, 2003; Navarro, 2004). Achieving notoriety and drawing attention to a plight or cause are foremost in the minds of terrorist organizations. Hence, internationally known targets are always preferred over less known ones (e.g., The

World Trade Center was preferable over the Chrysler Tower, even though people in both buildings were engaged in similar types of international trade.). Also, because groups want to achieve notoriety with a particular audience, the likely targets are those that are more culturally relevant to the target audience (e.g., The Oklahoma Federal Building was more culturally relevant to the Christian Identity group and potential sympathizers than other targets in the area but not necessarily so to the American public at large.). Hence, threat analyses focusing on the United States’ perceived (or real) vulnerabilities in areas such as biological, chemi-

“

Achieving notoriety and drawing attention to a plight or cause are foremost in the minds of terrorist organizations. Hence, internationally known targets are always preferred . . .

”

cal, or nuclear arenas appeal to the imagination of the American public, which has been raised on a diet of Hollywood disaster movies (Seger, 1990). However, in the rest of the world, particularly in the Middle East, there is a grave concern for the repercussions of such attacks, such as the ripple effects that biological, chemical, or nuclear contamination in America could have on their own turf (Anonymous, 2003; DEBKAfile, 2004). Traditional cultures of the Middle East emphasize the interdependence in the global community and have an appreciation for the mutual connectivity that exists between nations (Hass, 2004). In contrast, the inherently individualistic perspective prevalent in America seems to routinely cause analysts to underestimate these global concerns and seems to direct preventive efforts into the wrong arenas. When it comes to the selection of ter-

12 THE FORENSIC EXAMINER Summer 2006

rorist targets, terrorist planners view things differently than American analysts because of the journalistic value and the type of media coverage expected from any particular form of attack on any particular target (Hass, 2004). Terrorist leadership painstakingly considers the visual and visceral effects that media coverage would have, and they time attacks to coincide with the evening news broadcasts of relevant target audiences. Consequently, an attack on an American nuclear reactor would constitute a bad investment of terrorist resources because the subsequent radioactive pollution would prevent optimal media exposure because media would not be allowed to go into contaminated areas. Likewise, contrary to threat analyses about the vulnerability of the U.S. water supply (Seger, 1990), a terrorist attack on water resources will not receive the type of “good” media coverage that a bombed skyscraper would because there would be nothing to show on television screens. Additionally, cultural context has to be considered in the selection of terrorist targets. For instance, the Muslim culture, with its rich tradition based on a nomadic herdsman mentality and desert tribal morality, would frown on the destruction of such important natural resources as water supplies.

Psychological Profile of a Terrorist Disclaimer: Most active or retired terrorists are not willing participants in psychological studies. Thus, the majority of the information in this study is based on conjectures from biographical material, media reports, interviews by other professionals, and the author’s field experience in terrorism prevention — not from controlled psychological studies. A discussion of a psychological profile of a terrorist in this study is offered only in the context of its use in prevention efforts. Hence, the rule that is applied in this section is that the veracity of this psychological theory is only in its consequences. Therefore, the psychological profile offered here is the result of analysis of biographical commonalities, established behavioral patterns, and recognized responses to existing preventive efforts and political maneuvers over decades and across various conflict areas. Furthermore, it is proposed only for its use in pre-

The Psychological Motives for Terrorism

• A desire to be regarded as special is the most common and strong motive—the romantic view of the terrorist as special and having a unique mission. • The desire to be known to the target audience is a strong motive—having a poster of one’s image as a martyr posted on the walls of one’s home town is titillating. • The desire to be vicariously approved of by members of one’s own reference group—activated into terrorist actions by favorable sentiments in one’s own community. • The desire to achieve personal congruence by aligning actions with ideological/religious convictions—not an expression of hatred (Hoffer, 1951). • A desire to affiliate and be with others of a like-mind; in recent cease-fire negotiations with Israel, the Hamas faction demanded to stop the killings of its leadership in order to protect its group integrity, instead of demanding other important political concessions over which they are supposedly fighting. • The experience of social and psychological isolation resulting in little interface with other views—leading to preservation and hardening of opinions justifying terrorism. • Vengeance for originally offended individuals who were perceived to have been unjustly treated by members/representatives of the target group—Eamon Collins testified that he joined the IRA in the mid-1970s following his brutal arrest and manhandling by British soldiers. • Experience of an insult to the person’s grandiose sense of self, but not necessarily a serious personal loss in the hands of the target group—Marwan Abu Ubeida lost his sense of national dignity after American forces did not leave Iraq following the ousting of Saddam Hussein.

ventive work and to improve prediction responses for preventive efforts. Recent efforts by Post and Denny (2002), Sageman (2003), and other colleagues include interviewing and testing terrorists held in captivity in Israel and in other holding facilities across the world, which have yielded some interesting results, albeit with serious methodological constraints. For example, the captive population may be a poor representative sample of the overall terrorist population, particularly the terrorism leadership, which remains largely unstudied. Furthermore, the effects of life in captivity in Israeli and in American prisons cannot be underestimated in the overall presentation of the psychological profiles that emerge from such studies (Zimbardo, 1971; Haney, Banks, & Zimbardo, 1973; Zagorin & Duffy, 2005). Nevertheless, the commonalities with other sources and the corroboration of observations made elsewhere in this study warrant our attention. Hence, the psychological profile of a terrorist has to be taken in the context of all other variables previously discussed and in the context of cultural and national specifics. The conclusions are based on experiences and reviews by Silke (2003) and Sageman (2004) stating terrorists are essentially normal individuals from a psychological perspective. For those more familiar with such technical definitions, terrorists display a character organization embedded in the Cluster B of personality disorder taxonomy as proposed in the American Psychiat-

ric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (1994). Variants of such typology include individuals who either can move more fluidly along the theoretical continuum of the cluster configuration and present with other characteristics, or persons who affiliate themselves with terrorist organizations because of their entrenched anti-social character (Meloy, 2004). The narcissistic character organization, the most likely and the most widely accepted psychological configuration, starts with the developmental history of a person, which includes one’s psychological development into an emotionally self-sufficient individual. This character development is heralded by the subjective discovery at an early age that one’s parents will not meet one’s emotional needs (e.g., Arafat’s mother died when he was 4 years old, and he was raised by an uncle in Jerusalem; Zacarias Moussaoui has had no contact with his father for years; Richard Reid’s father was in prison for most of Reid’s childhood). Following that discovery, there is a period of trial and error in which the child develops an independent style of emotional gratification using one’s talents to fulfill emotional needs through alternative resources (e.g., Richard Reid’s youth was marked by petty theft and mugging; Arafat started his career as a weapons smuggler; 18-year-old Hussain Omar was declared a “vulnerable young adult” by British social services). Concurrently, the development of a

grandiose sense of oneself as special also emerges, primarily as a psychological defense from a subjective feeling that one is insignificant and unloved by one’s inadequate, insufficient, or unavailable parents. In essence, this defensive reversal of reality, in which a person who is otherwise normal perceives him or herself as “better than the rest,” serves to justify why one’s parents are insufficiently loving. In fact, many of the devastating acts of terror that have taken place since the 1990s were masterminded by innovative self-anointed individuals with larger-than-life callings who perceived themselves in historical terms and believed they were personally responsible for bringing about change (Spirnzak, 2001; Sageman, 2004; Ghosh, 2005). Particularly crucial colorations to the nascent grandiose sense of self and narcissistic entitlement are the development of strong ideological, nationalistic, and/or religious convictions (e.g., Arafat’s conviction to free Palestine from Israel; nationalistic aspirations such as Gerry Adams’ multi-generational family affiliation with the Republican political party, Sinn Fein, and the IRA; Mohamed Atta’s fastidious life of austere self-denial, leading to his ultimate role in commandeering an airplane that crashed into the World Trade Center Towers). Despite having the capacity for emotional self-sufficiency, people who are narcissistically organized are typically emotionally starved and wanting. Hence, they seek out social affiliation or require the approval of alternative social groups (e.g., Arafat started by leading the Palestinian Student League in Cairo in his youth; Richard Reid converted to Islam in Feltham Young Offender’s Institution in London). The most common consequence of the narcissistic character organization is difficulty with adult interpersonal relationships when the emotionally self-sufficient have to place themselves in the imperfect and inexperienced hands of others to love. This leads to typical intimacy compromises and isolation such as selecting a mate who is perceived as inferior or moving away from one’s family of origin. Examples of such are Mohamed Atta, who lived away from his family and reportedly had great difficulty in interpersonal relationships (McDermott, 2005), and Marwan Abu Ubeida,

Summer 2006 THE FORENSIC EXAMINER 13

Distinctions Between Terrorist Leaders and Foot Soldiers

The differential dimensions in the motives between leaders and foot soldiers suggest that the types of terrorist group members have similar psychological motives but vary in their respective importance. As has been observed by psychological studies of drug trafficking persons and international smugglers (Lichtenwald, 2003), there are significant psychological differences between the various levels of terrorist involvement. It is important to not only study the terrorists who conduct operations themselves but also the leaders who press and send these young people into committing terrorists acts (Shermer, 2006). The Mastermind • A career terrorist who remains comfortably in the background, engages in planning, tends to be more inclined toward the exact sciences, has relatively strong ideological convictions and possesses relatively lesser notoriety desires. • Considers terrorism consequences carefully, understands the political map, holds back some important aspects of information about operational plans that are disconfirming or aversive, and is not self-sacrificing (Sageman, 2004). • Example: Ramzi Yousef, believed to have masterminded the 9/11 attacks. Also Sami al-Aryan, a teacher at Southern Florida University who developed the most extensive terrorism financing network and recruitment web in the United States for the Islamic Jihad in the Middle East (Gutman & Melman, 2005). The Ring Leader • A field officer whose terrorism career is somewhat shorter by a few years, with stronger notoriety needs and strong ideological convictions; tends to be more inclined toward the social sciences; has good organizational and leadership characteristics. • Interpersonal charisma is evident, can motivate others, and could be a teacher or preacher (Sageman, 2003). People in this category tend to be best represented by the classic narcissistic character organization, but are not necessarily pathologically organized. • Example: the charismatic Abu Moussab al-Zarqawi, who has graduated to higher ranks by the successes of his attacks on United-States led coalition forces in Iraq. The Pilot/Suicide Bomber • A terrorist who flies the airplane into a building, has a short terrorism career, has strong notoriety needs and zealous ideological or religious convictions, possesses some particular skill-set that is desirable or developed by the terrorist organization (usually in the technical arena), and has the greatest degree of social isolation, which enables this person to knowingly kill him or herself. • Members in this category tend to the more pathological brand of narcissism and could also be members of the antisocial configuration within Cluster B. • Example: Jose Padilla, the Dirty Bomber; Mohamed Atta, who led the attacks on the World Trade Centers (McDermott, 2005); the Belgian suicide bomber, Muriel Degauque, whose illustrious terrorist career was started by antisocial behaviors such as running away from home and extensive drug use during her youth (Dietlind, 2005). The Foot Soldier • A terrorist who hijacks the airplane or is a suicide bomber, has a short terrorism career, has strong notoriety needs and zealous ideological or religious convictions, has a greater degree of social isolation, tends to be most easily recruitable, trusts others in the organization, and is easily deceived—may not know he or she is flying to his or her death. • Persons in this category may belong to the more insidious and less-than-stable borderline character organization within the Cluster B configuration. • Example: Richard Reid, who was caught in his attempt at blowing up American Airlines Flight 63 from Paris to the United States; John Walker Lynd, the American Taliban; or Marwan Abu Ubeida, the Iraqi insurgent suicide bomber.

who left his family to live with insurgents until his eventual deployment in a suicide mission (Ghosh, 2005). Thus, the person who is narcissistically organized is generally easily recruited to join a group with a cause and, specifically, is an excellent candidate for a suicide mission. This is true, even if that person is married and has children, by virtue of an inherent limited capacity for intimacy (making a wife and children subjectively less important to the would-be terrorist) and stronger af-

filiations towards other social groups, such as a terrorist group, which is perceived as subjectively more important. In fact, many of the terrorists interviewed or studied by experts have moved away from their families of origin en route to becoming members of terrorist organizations or as part of their preparation for future attacks (Post & Denny, 2002; Meloy, 2000; Sageman, 2003; Navarro, 2004; McDermott). Such individuals seem to pursue notoriety when recognition and admiration by oth-

14 THE FORENSIC EXAMINER Summer 2006

ers supplants the more desirable but seemingly unattainable love and intimacy. This plays well into the inherent terrorist group agenda of gaining public awareness to their cause by gaining notoriety. The psychological motives of the individual and the political motives of the terrorist group converge on the common behaviors of outrageous violence and glorified mayhem (Shermer, 2006). Furthermore, narcissistic individuals tend to exhibit a sense of grandiose entitlement, which fits perfectly into the emerging terrorist group’s members’ belief that they are special in some fundamental way (Ghosh, 2005; McDermott, 2005). The pride that develops in such groups gives way to its individual narcissistic members seeing themselves as superior to others (i.e., their rights and needs are more important than those of others), and to them more readily taking offense at others’ actions as wrongs against them. Subsequently, narcissistically organized individuals with a grandiose sense of entitlement are much less likely to forgive others and much more likely to insist on full repayment for past offenses. Thus they personally exact such retribution from the infidels, the imperialists, the Zionists, and the Westerners. (Navarro, 2004; Meloy, 2004; McDermott; Shermer, 2006). Plagued by persistent emotional hunger, narcissists’ affiliation needs are intensified and expressed as stronger bonds with their social groups. Other social psychological phenomena that are concurrently observed are the developments of increased group cohesion, alliance with the group mentality, groupthink (Janis, 1971), which results in the exclusion of alternative perspectives, and the risky shift (Doise, 1969; Wallach, Kogan, & Bem, 1962), which involves the tendency to assume greater personal risks when operating within a group. The emergence of high-achieving mentalities and competitiveness, which are sustained by unmitigated emotional hunger (i.e., the drive to accomplish more without ever achieving satisfaction), has been observed in members of terrorist organizations. This was the case with Mohamed Atta, one of the 9/11 leaders, whose young adult life was marked by fierce competitiveness and pursuit of scholastic excellence (McDermott, 2005). Additionally, it was observed

in others held in captivity (such as Mohammed al-Qahtani, believed to have been the 20th hijacker in the 9/11 attacks), who compete against other detainees for the martyrdom title (Zagorin & Duffy, 2005). This psychological adaptation has also been supported by evolutionary psychology theories, which state that young men in particular want to display their bravery, are deeply offended by injustice, and may risk their own lives even to the point of certain death (Colin, 2002). Narcissistic individuals are also easily recruitable based on the promises of specialness and immortality, which fit into the sense of self-importance. For instance, recruiting someone to conduct a terrorist attack because of the person’s special talents has been a routine approach for many terrorist organizations (Ghosh, 2005; Shermer, 2006). Crenshaw (2002) observed that becoming a so-called martyr in the Middle East brings fame to the recruits. Their acts are framed as something extremely honorable and brave. Additionally, their place in history is established by the numerous posters that decorate the hometown walls that are used to praise them. These practices do not escape potential recruits who are seeking confirmation of their grandiosity and sense of self-importance. Heads of terrorist organizations are clearly notoriety- and fame-oriented, tending more toward the histrionic side of the Cluster B spectrum. Their interests in the ongoing struggle (process-oriented) are greater than their interests in achieving workable solutions to the problems of the people and groups they claim to represent. Hence, Osama bin Laden or Abu Mousab al-Zarqawi appear in personal TV or radio communiques that convey minimal impor-

tant information but promote them as idols and as symbols of their causes. Osama bin Laden and Abu Mousab al-Zarqawi also insist on declaring to the world that they exist and are willing to do so in defiance of personal security considerations. Over time, some members in this category who are shrewd enough to survive capitalize on their immense popularity within their communities and reform into career politicians, forgoing terrorism for more promising and legitimate political processes. Some in the Irish Republican Army leadership and some in the Palestinian Liberation Organization leadership have done so; some in the surviving al-Qaeda leadership are expected to make the shift to politics with the passage of many years. The roles of slight, hate, and other negative consequences of American activities for motivating and recruiting terrorists have been largely overstated by the media. Research indicates that for the most part, those initiating and leading terrorism activity have not been directly adversely affected by actions of the target society (e.g., they did not experience personal or familial loss) that could justify their actions (Sageman, 2004; Shermer, 2006). Instead, it’s quite the opposite. Terrorist leaders often come from relatively privileged life circumstances (e.g., Sami al-Aryan’s privileged upbringing in Kuwait; Yasser Arafat’s middle-class upbringing in Jerusalem and Cairo; and Abu Mousab al-Zarqawi’s middle-class family from Jordan). However, for the most part, terrorist leaders had experienced slights, or blows to the ego, as well as psychologically demeaning encounters with the target society or its representatives (e.g., Arafat was held by Israel in 1948 as a prisoner of war and was later released with

thousands of others; Osama bin Laden was rejected by U.S. intelligence as an ally in the war in Afghanistan during the Soviet invasion). In fact, research indicates that the lower a person’s rank membership in the terrorist organization, the greater the likelihood that he or she was personally exposed to real personal losses (e.g., a family members’ death, loss of property) and subsequently the easier he or she is to recruit based on retaliatory convictions against the target society. There is a greater propensity to having some and often more serious negative consequences from past encounters with members and representatives of the target society among those actually involved in terrorism operations in the field (e.g., suicide bombers, rock throwers). In general, it appears from the research evidence, contrary to assertions offered in the popular media, that the narcissistic injuries (psychological injuries of one’s sense of importance and invulnerability), rather than personal losses, are those that are more likely to motivate terrorist-organization memberships and eventual terrorist retaliatory actions. This is true because narcissistic injuries resonate more intensely than real injuries do with those whose psychological make-ups are narcissistically organized (Cluster B configurations). These people are more easily triggered by such experiences into grandiose retaliatory actions and, thus, are more easily exploitable by recruiting efforts of the terrorist organizations (Perina, 2002; Meloy, 2004; Navarro, 2004; Gutman & Melman, 2005; Ghosh, 2005). There is, however, an additional category of accidental terrorists. These are unwitting participants recruited to execute a crucial aspect of the attack without their prior

Comparing the Motives of Terrorist Foot Soldiers and Terrorist Leaders

The following is a schematic breakdown suggesting differences in psychological motives for terrorism between the leaders and the soldiers within terrorist organizations (Stern, 2003): Foot Soldiers, Field Officers * More easily recruitable—grandiosity, emotionally hungry * More likely motivated by frustration/aggression * Stronger religious/ideological convictions * Sometimes repetitive criminals—petty crime background * Greater isolation from family and own society * Desire to be known—notoriety * Target audience—own people * Martyrdom wishes—wish to be special * Short terrorism career—usually dies or gets captured

Leaders, Commanders * Less easily recruitable—stubborn, less grandiose * More likely motivated by power * More practically oriented * Better educated and socialized * Greater connection to family and own society * Stronger desire for notoriety * Target audience—the world * No martyrdom wishes * Life-long terrorism career

Summer 2006 THE FORENSIC EXAMINER 15

Why Do Terrorists Target America?

By assuming an empathic therapeutic stance, it is possible to undersand the political landscape and the declared political goals of terrorists. Following are some basic premises that underlie the ideological and religious justifications for the members of the various terrorist organizations and their political goals pertaining to the United States: • Terrorists and their ideologues view the United States as the number one perpetrator of global terrorism in creating and promoting economic inequality and exploitation in other countries around the world (e.g., supporting exploitative regimes like Saudi Arabia; establishing a global capitalist economy). • Terrorists and their ideologues view the United States as the perpetrator of global terrorism in military support of terrorist groups and regimes in other countries of the world (e.g., selling arms to terrorist groups like the Taliban in the 1980s; supporting military regimes that terrorize their own people, such as Chile’s Pinochet or Argentina’s military Juntas). • Terrorists and their ideologues view the United States as exerting undue dominance and arrogant, imperialistic intervention strategies around the globe (intervening in countries without the consensus of their populations, such as the 1980’s “Peace Keeping Mission in Lebanon;” intervening in countries without the consensus of the rest of the global community, as in the Iraq war). • Terrorists and their ideologues view the United States as being at war with freedom fighters (terrorists), with Arabs (theocratic anti-American countries and organizations), and with Islam (extreme Islamists), which gives impetus for the terrorist campaign to continue (Murphy, 2005; Elliott, 2003; Parenti, 2002).

knowledge or consent. In this category are people who because of their psychological weaknesses (e.g., lower intelligence, lesser sophistication, and dependent characteristics) could become unwitting participants in terrorist activity following effective recruitment by sophisticated terrorists (Taylor & Quayle, 1994). Any terrorist psychological profile must also consider this common but potentially deadly possibility and close this otherwise evident loophole. One such example is the plot by Nezar Hindawi, who tricked his pregnant girlfriend into flying from London to Israel to supposedly meet his family before their eventual wedding. Unbeknownst to her, he placed a bomb in her suitcase that was set to detonate in mid-flight. A routine airport security check by Israeli terrorism prevention agents discovered the hidden bomb, and Nezar Hindawi was consequently arrested by London police and imprisoned.

The Role of Social Models and Group Processes in Terrorist Recruitment and Terrorist Activity Individuals primarily associate with terrorist groups to satisfy their emotional needs and to compensate for the loss of family affiliation through socialization and group cohesion. A clear indication of the importance of social benefits derived from such membership in terrorist organizations comes from the story of Nezar Hindawi. When Hindawi was refused membership in other Palestinian terrorist groups, he

formed his own terrorist group, the Jordanian Revolutionary Movement, with two other family members. He later contacted the Syrian intelligence services and convinced Syria to supply his tiny group with weapons and funds to carry out attacks against Israel (Taylor & Quayle, 1994). His later exploits notwithstanding, he clearly demonstrated the pull of such organizations and the attraction of belonging, which terrorist groups enjoy worldwide. Terrorist organizations, however, not only enjoy popularity among the many potential recruits but also experience characteristic changes resulting from external pressures and social isolation culminating in groupthink (Janis, 1960). Groupthink involves pressure to tow the proverbial party line and reject information that challenges the group’s beliefs. It also changes a group’s goals over time from external goals (political change through armed struggle) to internal goals (maintenance of the group). Finally, it changes a group’s time reference from a short-term struggle to long-term garnering of political power and political legitimacy. At the leadership level, all characteristic sociological phenomena observed in the genesis and maintenance of other bureaucracies comes into evidence. The groups make clear and persistent efforts to maintain the terrorist organization, oftentimes at the expense of the purpose of the organization itself. Efforts are made to maximize the capacity of the bureaucratic institu-

16 THE FORENSIC EXAMINER Summer 2006

tions, which are organized hierarchically in a typical pyramid structure with command and control mechanisms, and to maximize redundancy via the establishment of franchises, cells, local networks, leaderless networks, and individual operators (Stern, 2003; Sageman, 2003).

The Role of the Media in the Psychology of Terrorism The media coverage and the types of exposure become part of the thinking and planning of terrorist attacks because of media access to terrorist sites (e.g., site of an attack and terrorist training camps) and to terrorists (e.g., for interviews and photo shoots). Unwittingly then, media reporting enhances the success of terrorist attacks and becomes an instrument in the terrorist act (e.g., Al-Jazzerah’s broadcast of Abu Mousab al-Zarqawi’s or Osama bin Laden’s recorded messages). In essence, the media had become the primary vehicle declaring the terrorist message and recruiting new terrorists. Paradoxically, our investment in the democratic principles of media freedom plays into the sentiments of the narcissistically organized potential terrorism recruits every time we exercise our democratic freedoms around the globe. Conversely, however, media reporters have been able to gain access to terrorist leaders, foot soldiers, their families, and terrorist training camps, which provide insight into the minds of the terrorists that no other scholars have been able to produce. However, media information about terrorists has been largely excluded from any serious consideration by the intelligence and academic communities so far (Shah, 2003). Media reporters and those who have had contacts with known terrorists or who have gained access to terrorists are an invaluable source of information about terrorists, and their experience should be exploited. The Role of Marginality in the Psychology of Terrorism The propensity of would-be terrorists to initially be attracted to marginal groups, which gives some expression to their personal sense of alienation, is well-documented (Merari, 2002; Meloy, 2004). Some persons (e.g., Timothy McVeigh, Terry Nichols, Jose Padilla, and John Walk-

er Lynd) started their illustrious terrorist careers by joining marginal groups at the fringes of societies, which provided a sense of purpose and an acceptance by others of like-minds. It was in the marginal groups that ostracized persons began the psychological transformation into their future identities as terrorists. As Hoffer (1951), Shermer (2006), and others argued, the phenomenon of suicide terrorism is not a personal or individual phenomenon, it is a group phenomenon and, therefore, it is very much the product of group processes and influences. Terrorist groups appeal to recruits’ religious piety or patriotic sentiments, especially suicide terrorists, but neither fanaticism nor nationalism alone are necessary or sufficient to incite suicide terrorists. The key ingredient may be the individual susceptibility to indoctrination. Indoctrination is the organizational process that prepares the suicide terrorist as a martyr and makes sure he or she doesn’t change his or her mind (Shermer; Ghosh, 2005; Dietlind, 2005). Political and religious groups that are marginal but legal are considered by many experts as breeding grounds for terrorists of the future (e.g., The Muslim Brotherhood in Arab countries and the Christian Identity movement in the United States). Although perhaps legal, their sermons and messages, when activating a sense of being wronged into behavioral changes, could ultimately result in terrorist convictions and behaviors. The general rule of thumb is that the greater the degree of group marginality from societies’ norms (more different, more isolated, more distinct), and the more militantly active the group (both in proselytizing and in increasing internal cohesion), then the greater the risk is for potential terrorism. As has been previously established, as isolation increases, critical thinking decreases. Without access to alternative information sources, members encode new belief systems. Group tenets are never challenged, only recited. Platitude conditioning replaces reasoning processes. Although the isolation process itself is not pathological, the end result is, because these actions create a closed belief system where conspiratorial beliefs against mainstream society can readily develop (Gilmartin, 1996; McDermott, 2005).

Summary and Conclusion As can be appreciated by this study, terrorists represent a complex phenomenon of social, psychological, ideological, religious, and political sets of motives and behaviors intertwined. This report was an attempt to create a picture consistent with state-ofthe-art information on the subject matter and to illuminate some of the current flaws in the narrow view(s) regarding terrorists. Although a clearer picture should emerge out of this study regarding the many motivations for terrorism (political, psychological, and social), the ways and directions in which preventive efforts ought to be directed is lacking because it is based largely on actuarial data and anecdotal information and is guided by theory. It can only be tested against the realities, which will unfold in the struggle with terrorism in the years to come. Consequently, this report is being offered with the earnest and urgent recommendation that existing terrorism prevention protocols for all domains be compared against this data. Similarly, there is an equally earnest recommendation to steer clear of oversimplified thinking about terrorists as either-or (a political phenomena or a psychological phenomena) in the creation of prevention protocols. Finally, this study calls for better implementation of psychological study and fundamental faceto-face empathic interviews, which are currently under-used in prevention efforts. References Due to space constraints, the complete list of references for this article appears online at www.acfei.com (Click “Online CE”). Acknowledgments This study was conceived with the generous financial support of grants from the U.S. Department of Defense and U.S. Department of Energy in the years 2003 and 2004, sponsored by Sandia National Laboratories, SELDON Team, in Albuquerque, New Mexico. Editorial assistance was provided by Dr. Alete Arom from Alliant International University, California School of Professional Psychology in Los Angeles, California. Research and editorial assistance was provided by Lee Smith, BS, from Cali-

fornia Lutheran University in Thousand Oaks, California.

About the Author Reuben VaismanTzachor, PhD, DABPS, DAPA, CHS-III, was born in Israel and served in the Israeli military as a Navy captain, a weapons systems officer, and as a gun-ship commanding officer. He has had extensive anti-terrorism warfare experience and direct involvement in many combat military operations against terrorists in the Middle East. He later served as a supervisor in the Israeli government terrorism prevention agency based in the western United States. In this role as a supervisor he authored, field-tested, and implemented numerous terrorism prevention protocols for various theaters in the region. He obtained his doctorate in clinical psychology from Alliant International University, California School of Professional Psychology in Los Angeles, where he is currently an adjunct professor. He has been a Diplomate of the American College of Forensic Examiners since 1998, and he is a Diplomate of the American Board Psychological Specialties. He is also a Diplomate of the American Psychotherapy Association. He is Certified in Homeland Security Specialty at LevelIII (CHS-III). He has conducted research and published numerous articles on the topic of terrorism prevention and participated as an expert consultant in a project for the development of a national terrorism prevention strategy by Sandia National Laboratories in Albuquerque, New Mexico. He currently owns a private practice in Los Angeles, California.

Earn CE Credit To earn CE credit, complete the exam for this article on page 66 or complete the exam online at www.acfei.com (select “Online CE”).

Summer 2006 THE FORENSIC EXAMINER 17

Adult Perceptions of Children with Learning Disabilities: Implications for the Forensic Psychologist

This article is eligible for CE credit in the following categories: ACFEI, APA, NBCC. See page 4 for a key to these CE abbreviations and complete CE approval statements.

By Erica Ruegg, EdD

Abstract Children have long been perceived as less credible witnesses, most likely due to their lack of narrative skills. For children with learning disabilities, however, narratives in communication can be even more challenging. This article reviews the literature regarding a technique called Narrative Elaboration Training (NET), which was designed to support children who find themselves in court, and it specifically addresses the use of NET in helping children with learning disabilities recall more information and prepare them for the witness stand. The role of the forensic psychologist in witness consultation is emerging. NET can help a child increase his or her narrative skills without increasing the errors and prepare the witness for the stressors of the legal environment. This technique can aid the forensic psychologist in promoting competency, improving relations, and providing strategies to empower the child with a learning disability to be more accurate, complete, and honest.

Often in cases where there has been suspected child abuse or neglect, the child victim is the only source of information and evidence. However, children have long been perceived as less credible witnesses, most likely due to their lack of narrative skills. The more accurately, clearly, and fully a child can report his or her account of an event, the more credible a jury will perceive the recall. For children with learning disabilities, however, narratives in communication can be a challenge. It has been estimated that almost 90% of children who have been labeled learning disabled have mild to moderate language deficits (Gibbs &

18 THE FORENSIC EXAMINER Summer 2006

Cooper, 1989). These deficits can create problems when it comes to effectively communicating during testimony. Many have suggested that these children need guidance to help them build the skills necessary to testify in court and be perceived as more credible witnesses. Specifically designed techniques have been developed to help support children who find themselves in court. Procedures, such as cognitive interviewing and narrative elaboration, assist children in recalling more details about an event. These strategies are necessary considering the need for preparing children to testify in court and the emerging consultation role of the forensic psychologist. This article reviews the literature addressing the use of narrative elaboration in children who may find themselves in court, specifically the use of this technique in children who are learning disabled. Forensic psychologists are often called to aid attorneys by working with adults who may have to testify. As consultants they must be familiar with the litigation process and may be required to review medical and psychiatric records. Even in adults, anxiety may increase in those who must wait all day to testify, or if the testimony is interrupted and rescheduled for the following day. Therefore, being aware of timing issues when testifying may also be of concern for the psychologist (Simon, 2001). It is the forensic psychologistâ&#x20AC;&#x2122;s job to be aware of the competency requirements to

testify and to help identify witness fears and weaknesses. Powerful communication techniques have been shown to increase witness credibility. A forensic psychologist may suggest strategies to stabilize a witness and enable him or her to be more comfortable on the witness stand (Oâ&#x20AC;&#x2122;Barr, 1986; Slovenko, 1999). There are various resources available to help create better adult witnesses, even adult witnesses with intellectual disabilities (Gudjisson, Murphy, & Clare, 2000). However, little information and few guidance programs are available to help professionals attend to children. It is often assumed that the preparation and questioning techniques used with adults can also be used with children (Wrightsman, 2001). In addition, virtually no research has been conducted involving the participation of children with disabilities in the legal process. Yet, it has been estimated that children with disabilities are as much as five times more vulnerable to abuse than their non-disabled peers (Sobsey, 1992; Tobin, 1992). A study conducted at the Boys Town Center for Abused Children with Disabilities in Omaha, Nebraska, found that 33% of children with disabilities were abused compared to 9% of nondisabled children (Sullivan & Knutson, 2000). However, there has been research that addresses the challenges for children with learning disabilities who must testify.

Challenges in Testifying for Children with Learning Disabilities While identifying abuse in non-disabled children and preparing them for court are complex and difficult tasks, the child who suffers a disability compounds these challenges. In particular, language deficits exhibited by children with learning disabilities are likely to present difficulties in communication, especially when a child must communicate about an abusive event. If children are not able to communicate effectively, they are often perceived as less credible, leaving them more isolated and more vulnerable. Jury members have various preconceived notions about children as witnesses; these preconceptions affect how jurors view childrenâ&#x20AC;&#x2122;s credibility. Factors such as how nervous a child is or how confident his or her testimony appears

Figure 1. Reminder signs shown during Narrative Elaboration Training (NET). Each of the cards is used as a cue to help the child elaborate when possible.

to be, added to the fact that the child may exhibit a disability, may influence the jury in both positive and negative ways (Ross, Dunning, Toglia, & Ceci, 1989; Leippe & Romanczyk, 1987; Saywitz, 1988; Simon, 2001). In addition, the legal issues of an abuse case involving a victim with a disability revolve around the capacity of the victim to aid in the investigation and to give sworn testimony (Borko, 1992). Therefore, if a child with a learning disability has difficulty communicating about the events, it may hamper the investigation or prevent the use of the childâ&#x20AC;&#x2122;s testimony (Gudjonsson, 1992; Perry & Wrightsman, 1991). Children with learning disabilities do possess the developmental attributes to present a complete and useful narrative, which can be enhanced with specific types of support. Developmentally, they can answer focused and direct questions about a story and arrange a coherent narrative as

long as the structure is provided. Yet, when they must form a narrative on their own, they tend to stray off topic and display difficulties in organizing and monitoring their language (Garnett, 1986; Ripich & Griffith, 1988). Although children with learning disabilities possess the language strategies to process the information, they often have trouble using these strategies to regulate these activities and to spontaneously formulate responses adequate for adult audiences (i.e., the jury) (Montague, Maddox, & Dereshiwsky., 1990). However, when an adult provides guidance and asks specific questions to elicit more information, the desired result is usually obtained when more accurate information emerges (Flavell, 1985). However, children do not necessarily have difficulty remembering; it is the skeletal nature of their narratives that requires them to receive guidance in expanding their recall. This preparation is often left

Summer 2006 THE FORENSIC EXAMINER 19

Case Study: A Step-by-Step Method for Using NET

immy is an 11-year-old boy who has been labeled learning disabled by his school district. His teacher rates his expressive language skills a 1.4 on a scale of 1 to 5, five being the highest. His teacher also rates his receptive language skills at 2.25 out of 5. Last Monday, while working with a group of students in the science lab, Jimmy and the others in his group witnessed an incident between two teachers. One teacher accused the other of taking her materials without asking. These materials had already been distributed to Jimmy and the others in the group, forcing the students to be participants in the disagreement. After a heated discussion that warranted mediation by a third teacher, the altercation was reported to the principal. As part of the investigation and resolution of this matter, the principal decided

to bring each student who was a witness into his office for an interview (testimony) about what took place between the two teachers. Jimmy was the only student in the group with learning disabilities and poor language skills. With this in mind, Jimmy’s resource room teacher decided to try to prepare him for this interview. His resource room teacher knew that his language skills might hinder his credibility, even though he witnessed the same events as the other children. A week after the event took place, Jimmy’s resource room teacher started the NET program with him during 4th hour. Jimmy was taught that he could improve his recall of past events by organizing event information into four categories: participants, settings, action, and conversation/affective states. A simple drawing on a card in the shape of a stop sign represented each category; the cards were

called his “reminder signs.” The teacher did not use his experience with the two teachers as an example. During the first session, Jimmy learned to use these pictorial cues to trigger retrieval of information from each category. For example, the participant category was represented by a drawing of a stick figure and was called the “people” sign. Jimmy was told, “When you talk about things that have happened, you will need to remember the people who were there, what they looked like, and how they were dressed. You can use this sign to help you remember.” He was then asked to practice using this cue by stating what he would say to his mother later about what he did that day at school, such as who had been there and what they had looked like. This procedure was followed for each reminder sign.

to the attorney in charge, who is usually not trained to deal with children, let alone children who may have a disability. Testifying in court is a stressful experience for children (Lipovsky & Stern, 1997). However, the concept of preparing children to be witnesses has met opposition from those who think such preplanning can taint the information and compromise the rights of the accused (Lipovsky & Stern). To combat this belief, there has been a rise in the role of the forensic psychologist. It has been discussed that psychologists with forensic training and experience may be helpful in guiding attorneys to assist vulnerable witnesses (Simon, 2001). Children are inherently vulnerable to the legal system, especially those with a learning disability.

in assessing whether the child knows the difference between the truth and a lie, or whether the child understands the events and can sufficiently describe them from memory. The goal of court preparation should be to improve the child’s skills in answering questions with accuracy, completeness, and honesty (Lipovsky & Stern, 1997). Preparation does not mean that the child is told what to say; rather it should prime the child for the experience and enhance the communication skills that have formerly been developed to create a more credible and competent witness. A forensic psychologist will be able to increase the effectiveness of a child witness by discussing and reviewing the procedures that take place in a trial. The forensic psychologist will seek to decrease anxiety and suggestibility. He or she may conduct mock trials or use videotape to groom the child witness to be more effective (Wrightsman, 2001). The consultant may also be called to analyze the strength of a child’s statements. The criteria set forth by statement analysis (Undeutsch, 1989), a method for evaluating the validity of children’s accounts of abuse, may help guide the forensic psy-

chologist in judging the coherence and spontaneity of a child’s narrative. Statement analysis consists of five criteria that are considered necessary in giving an honest report: coherence, spontaneous reproduction, sufficient detail, and contextual embedding. Most attorneys are aware of the perceptions jurors bring to a trial. In an effort to counteract the possible influences of such perceptions, forensic psychologists are often called in an attempt to help a vulnerable witness appear more credible. Even the physical appearance of the witness has been shown to affect the perceptions of the jury (Nietzel & Dillehay, 1986; Simon, 2001; Wrightsman, 2001). Jurors tend to trust witnesses who are appealing, or oftentimes they are instructed to consider the witness’s demeanor before rendering a verdict (Lipez, 1998). Consequently, the consultant can aid the attorney in preparing a child for testifying in court.

The Emerging Role of Forensic Psychologists Witness consultation involves the forensic psychologist providing the attorney with information on thwarting conflicts, advancing competency, facilitating interactions, and providing performance and stress management strategies (Simon, 2001). The forensic psychologist may be involved

20 THE FORENSIC EXAMINER Summer 2006

Methods to Support Witness Preparation There is a guidance procedure that has proven to help children with learning disabilities recall more information and pre-

Two days later Jimmy’s resource room teacher brought him back during 4th hour to watch a video vignette about a girl named Meagan who broke her arm. Before watching the video Jimmy was reminded of the purpose for each card. For example the participant card was shown again and Jimmy was told that this card reminded him of the “people who were there.” Then he was told to use the card when watching different parts of the video. Jimmy then practiced describing the characters and events of the video from memory for each of the four categories. His responses were elaborated by demonstrating that he could tell additional kinds of information (e.g. hair, skin, and eye color; body size; age; and glasses use). In addition, Jimmy was given instructions regarding accuracy and completeness: “Tell me as much as you can about what

really happened, even the little things, without guessing.” The next day each student who witnessed the incident was called into the principal’s office for an interview. The principal asked each child a basic free recall question, “Tell me about everything that happened the day you were in the science lab and you saw Mrs. Smith and Ms. Jones talking.” This question was used to elicit free and spontaneous recall of a past event without coaching or suggestibility. After the students had given their recall, the principal prompted them one more time with “Is there anything else you want to tell me about that day?” The principal then waited to see if the students added more information. Once the incident was resolved the principal happened to stop by the resource room to speak with the teacher

about Jimmy. The principal commented on how elaborate and detailed his comments were compared to the other student interviews. Each student reported the same events taking place, but Jimmy’s narrative was more complete and spontaneous. “I did not have to ask any followup questions with Jimmy,” the principal said. Jimmy gave more details about the setting in which the argument took place and what each teacher had said. He also talked about what they were wearing and their emotional states. The principal felt confident in believing that Jimmy was there and had accurately recounted the events.

pare them for the witness stand. It is called Narrative Elaboration Training (NET). This is a set of steps that help develop children’s memory skills by teaching them strategies for remembering the details that are expected during testimony (Saywitz et al., 1993; Saywitz & Snyder, 1996). NET consists of four organizational category cues that have been studied as triggers for children’s event knowledge (Saywitz & Snyder). The cues are participants, settings, actions, and conversation/affective states. A simple drawing on a flash card depicts each topic (see Figure 1). The cards are shown to children and are used as cues to remind them to elaborate (Saywitz & Snyder; Saywitz, Snyder, & Lamphear, 1996). This technique was first developed and tested in 1996 by Karen Saywitz. Children were assigned randomly to one of three conditions: (1) narrative elaboration intervention, (2) instruction-based, or (3) control group. After the children participated in a staged event and were given the training, or control, their memories about this event were tested in an interview with both free and cued recall questions (see the article above for a step-by-step example). It was found that the completeness

of a child’s memory could be increased using NET without affecting the accuracy or creating more errors in language (Saywitz & Snyder). Additional research has continued to demonstrate that NET increases the accuracy and completeness of recall in nondisabled children (Comparo, Wagner, & Saywitz, 2001; Dorado & Saywitz, 2001; Saywitz et al., 1996). Comparo, Wagner, and Saywitz revisited NET by investigating whether elementary children exposed to NET would provide more information about a staged event than those in the control group and whether NET would increase false reports about a fictitious event. Results showed that the children who were involved in NET did report increased amounts of accurate and complete information about the staged event and did not report more false information about the fictitious event. Dorado and Saywitz investigated the use of NET with preschool children of low and middle socioeconomic status. Children from both levels recalled more about the staged event than the control group, without increased errors. In children with learning disabilities,

this elaboration technique has also proven to be beneficial. Nathanson, Saywitz, and Ruegg (1999) replicated these procedures with thirty-nine 7–12-year-old children with learning disabilities who participated in a staged event and then were randomly assigned to one of two treatment conditions (NET or control). The Nathanson et al. results were similar to those of Saywitz and Snyder (1996). Children with learning disabilities recalled more correct and thorough items than the control group without increasing the risk for suggestibility. Ruegg (2000) extended this research by examining the effects of NET on jurors’ perceptions. Videotapes of the children’s narrative accounts of a shared staged event were shown to almost 200 adults eligible for jury duty. These adults were asked to rate the narrative skills of the students’ memory reports in the videos. Similar to the reports from Nathanson et al. and Saywitz and Snyder, the results revealed that NET received higher ratings than the control group for helping the children display a stronger narrative, which provides evidence that NET creates more positive perceptions of the children having better

*This is a fictional example of a case in which NET could be used effectively.

Summer 2006 THE FORENSIC EXAMINER 21

narrative skills than the control group. The NET recall provided more spontaneous information about the setting in which the event occurred and brought the listener into the conversation by discussing such details as who was there and what was said. On the witness stand, this could translate into more detailed memories about a specific event without increasing the need for leading and potentially biased questions from the attorney. The Ruegg (2000) investigation findings demonstrate that children who participated in NET were seen as more narrative, which points to being perceived as more believable. Believability relates directly to credibility in the eyes of the jury (Bottoms & Goodman, 1994; Leippe & Romanczyk, 1989; Ross et al., 1989). The potential adult jurors perceived the NET recall as more narrative, which means that NET did succeed in increasing the likelihood of children being perceived as presenting more complete and spontaneous reports (Ruegg, 2000). In addition, the results of this study indicated again that this training technique does increase the completeness and accuracy of the accounts of children with learning disabilities. These findings in themselves support NET in increasing the amount of information that children with learning disabilities correctly recall and can help these children offer more complete and accurate testimony during the investigation and judicial process in an alleged abuse or neglect case. A preparation technique such as the NET can support professionals, including forensic psychologists, in providing assistance to attorneys who are involved in child abuse or neglect cases. Helping a child increase his or her narrative skills without increasing the errors will prepare the child witness for the stressors of the legal environment. This technique can aid the forensic psychologist in promoting competency, improving relations, and providing strategies to empower the child with a learning disability to be more accurate, complete, and honest.

References Borko, N. (1992). Education is key to successful prosecution. NRCCSA News, 1(6), 12. Bottoms, B. L. & Goodman, G. S. (1994). Perceptions of children’s credibility in sexual assault cases. Journal of Applied Social Psychology, 24, 702–732.

Comparo, L., Wagner, J., & Saywitz, K. (2001). Interviewing children about real and fictitious events: Revisiting the narrative elaboration procedure. Law and Human Behavior, 25(1), 63–80. Dorado, J., & Saywitz, K. (2001). Interviewing preschoolers from low and middle income communities: A test of narrative elaboration recall improvement technique. Journal of Clinical Child Psychology, 30(4), 566–578. Flavell, J. H. (1985). Cognitive development. Englewood Cliffs, NJ: Prentice- Hall. Garnett, K. (1986). Telling tales: Narratives and learning disabled children. Topics in Language Disorders. 6, 44–56. Gibbs, D. P., & Cooper, E. B. (1989). Prevalence of communication disorders in students with learning disabilities. Journal of Learning Disabilities, 22, 60–63. Gudjonsson, G. (1992). The psychology of interrogations, confessions and testimony. Chichester, UK: John Wiley. Gudjonsson, G.; Murphy, G.; and Clare, C. (2000). Assessing the capacity ofpeople with intellectual disabilities to be witnesses in court. Psychological Medicine, 30, 307-314. Leippe, M. R., & Romanczyk, A. (1987). Children on the witness stand: A communication/persuasion analysis of jurors’ reactions to child witness. In S. J. Ceci, M. P. Toglia, & D. F. Ross, (Eds.), Children’s eyewitness memory (pp. 155–177). New York: Springer-Verlag. Leippe, M. R., & Romanczyk, A. (1989). Reaction to child (versus adult) eyewitnesses: The influence of jurors’ perceptions and witness behavior. Law and Human Behavior, 13, 103–132. Lipez, K. V. (1998). A view from the bench. In L. E. Simon & R. I. Simon (Eds.), The mental health practitioner and the law: A comprehensive handbook (pp. 357–370). Cambridge, MA: Harvard University Press. Lipovsky, J., & Stern, P. (1997). Preparing children for court: An interdisciplinary view. Child Maltreatment, 2(2), 150–163. Montague, M., Maddux, C., & Dereshiwsky, M. (1990). Story grammar and comprehension and production of narrative prose by students with learning disabilities. Journal of Learning Disabilities, 21, 190–197. Nathason, R., Saywitz, K. J., & Ruegg, E. (1999). Utilizing narrative elaboration training (NET) to enhance oral narrative skills in children with learning disabilities. Unpublished manuscript. O’Barr, W. M. (1982). Linguistic evidence. Language, power and strategy in the courtroom. New York: Academic Press. Perry, N. W., & Wrightsman, L. S. (1991). The child witness. Newbury Park, CA: Sage Publications. Ripich, D. N., & Griffith, P. L. (1988). Narrative abilities of children with learning disabilities and non-disabled children: Story structure, cohesion, and propositions. Journal of Learning Disabilities, 21, 165–173. Ross, D. F., Dunning, D., Toglia, M. P., & Ceci, S. J. (1989). Age stereotypes, communication modality and mock jurors’ perceptions of the child witness. In S. J. Ceci, D. F. Ross, & M. P. Toglia (Eds.), Perspectives on children’s testimony (pp.37-56). New

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York: Springer-Verlag. Ruegg, E. (2000). Enhancing the completeness of the narrative accounts of children with learning disabilities to increase credibility. Unpublished doctoral dissertation. Texas Tech University, Lubbock. Saywitz, K. (1988). The credibility of child witnesses. Family Advocate, 10, 38–41. Saywitz, K., Nathanson, R., & Snyder, L. (1993). Credibility of child witnesses: The role of communicative competence. Topics in Language Disorders, 13, 59–78. Saywitz, K., Snyder, L., & Lamphear, V. (1996). Helping children tell what happened: A follow-up study of the narrative elaboration procedure. Child Maltreatment, 1, 200–212. Saywitz, K., & Snyder, V. (1996). Narrative elaboration: Test of a new procedure for interviewing children. Journal of Consulting and Clinical Psychology, 64, 1347–1357. Simon, R. (2001). The psychologically vulnerable witness: An emerging forensic consulting role. Journal of American Academy of Psychiatry Law, 29, 33–41. Slovenko, R. (1999). Testifying with confidence. Journal of the American Academy of Psychiatry Law, 27, 127–131. Sobsey, D. (1992). What we know about abuse and disabilities. NRCCSA News, 1(4), 4, 10. Sullivan, P., & Knutson, J. (2000). Maltreatment and disabilities: A population-based epidemiological study. Child Abuse and Neglect, 24, 1275-1288. Tobin, P. (1992). Addressing special vulnerabilities in prevention. NRCCSA News, 1(4) 4,14. Wrightsman, L. S. (2001). Forensic psychology. Belmont, CA: Wadsworth/Thomas. Undeutsch U. (1989). The development of statement reality analysis. In J. C. Yuille (Ed.), Credibility Assessment. Dordrecht, The Netherlands: Kluwer, 101–120.

About the Author Erica Ruegg, EdD, is an assistant professor of special education at Oakland University in Rochester, Michigan. Currently, Dr. Ruegg is involved in research addressing abuse and neglect issues in children with disabilities. In particular, her interests include child witness credibility during testimony about an abusive event. Also, Dr. Ruegg is interested in the communication and social skills of children with disabilities and the effects they may have on adult perceptions. Earn CE Credit To earn CE credit, complete the exam for this article on page 66 or complete the exam online at www.acfei.com (select “Online CE”).

By Eugene R. Bertolli, OD, FACFEI, DABCHS, CMI-V; Constantine Forkiotis, OD, FCOVD, FAAO; Dominic R. Pannone, OD, CMI-V, CHS-V; and Hazel Dawkins

Key words: law enforcement, visual skills, vision science, vision therapy

This article is eligible for CE credit in the following categories: CMI, ACFEI. See page 4 for a key to these CE abbreviations and complete CE approval statements.

24 THE FORENSIC EXAMINER Summer 2006

Self-Guided Visual Therapy for Law Enforcement Skill Enhancement

Abstract Behavioral optometrists recognize that vision is much more than seeing 20/20; it also includes eye posture, vision efficiency, hand-eye coordination, and peripheral awareness, which all influence posture, the autonomic nervous system, circadian rhythms, pituitary functions, and much more, including behaviorâ&#x20AC;&#x201D;a response to external stimuli. The behavioral optometrist provides examination not only to rule out and treat pathology, but also to aid an individual in improving deficits in his or her vision systems and improving the performance of a normal system as demonstrated in sports vision therapy. Law enforcement officers may benefit from vision therapy procedures, but they may not have time for in-office sessions. The following describes some vision science and some vision therapy procedures that may be performed by the officer outside the behavioral optometry office. This is a small sampling of vision science and vision therapy, much of which we share with officers at the Connecticut Police Training Academy, where we present information on vision science.

Summer 2006 THE FORENSIC EXAMINER 25

Law enforcement officers must have excellent visual skills in order to be observant and fulfill the demands of their jobs, as they often are required to make rapid judgments to act physically and mentally. Officers are routinely called on to conduct low-light Image 1: Vision is searches, operate more than sight. vehicles at high speeds, read moving license tags, and process crime and crash scenes. Paperwork and computer work put further visual demands on officers. While the 20/20 factor is central to the ability to see details clearly, vision is more than accurately identifying letters on an eye chart. (See image 1.) Vision is the most efficient manner of receiving information from the environment. Refractive error (being nearsighted, farsighted, or having an astigmatism), eye coordination, and focusing all influence vision input. Vision influences the entire organism, including the motor system. For instance, relative to 1

Image 3: A phoropter is an instrument that is often used to determine spectacle prescription and measure focusing, binocular vision, etc.

Image 4: Peripheral vision is restricted while driving though a tunnel.

eye-hand coordination, the poorer one’s eyesight, the greater his or her finger tremor will be. Refractive error and eye coordination also influence posture, gait, timing, and spatial relationships. Spectacle lenses alter light to compensate, or alter physiological conditions, and do not correct the vision error. (See image 3.) These changes also change one’s perception of the world, an automatic effect throughout the brain. Lenses have prismatic effects such as objects appearing in a different position relative to where they are in actual space. Lenses alter the perception of size and distort shapes and colors (in addition to other effects). Lenses also de-

crease the peripheral input, which in turn restricts strength. Environmental conditions affect vision adversely. The eye requires flexibility to sustain pupillary constriction to react to the brightness of the sun or artificial lighting while darkness with intermittent sources of light produces pupil oscillations (movement back and forth), which are more pronounced in myopia (near-sightedness) and result in stress and fatigue. Additionally, fog creates “empty field” effects, interfering with proper focusing and obscuring details. Ideally, officers will have a minimal amount of physiological distortion and deviation, which reduce their ability to render valid, efficient decisions under the additional stress that accompanies their jobs. Officers’ internal coordinate systems must match the coordinates in the real world; tactile, proprioceptive, auditory, and vision coordinates must be integrated so they are able to physically respond accurately in time and space. Vision therapy and visual hygiene help maintain and improve vision skills that aid in many job-related tasks. A behavioral optometrist may also aid officers in providing balanced compensatory lenses and reducing the amount of lens power for good vision.

Peripheral Vision and Stress While operating a motor vehicle, as one travels faster he or she experiences a corresponding decrease in peripheral awareness. (See image 4.) This tunnel vision effect often occurs under increased stress in high-adrenaline events such as high-speed chases, domestic calls, and altercations; unImage 2: What is it? What do you see? Vision exists in the brain.

26 THE FORENSIC EXAMINER Summer 2006

Images 5 and 6: Looking through the tube. 6

der the influence of substances; or even under multi-attention tasking. An exercise we teach at the Connecticut State Police Training Academy to simulate tunnel vision involves standing with the feet together, closing one eye, and placing a paper-towel tube over the other eye. (See images 5 and 6.) It is difficult to determine the size and spatial location of objects viewed through the tube; maintaining one’s posture becomes difficult and body temperature begins to rise. Individuals in good physical condition are better able to cope with the effects of tunnel vision. We have also found that tactical breathing during the incident as well as during vision therapy reduces the effects of tunnel vision.

Driving and Visually Directing the Motor System When directing an object to go into a particular direction, the motor system will have the propensity to direct motion to the position the visual system is targeting. For example, imagine a vehicle has begun to skid. The operator desperately attempts

Image 7: Direct the eyes where you wish the vehicle to travel, not where you wish to avoid.

Image 8: Visual attention is on the barrel sight, while being aware of target and close sight.

to avoid crashing into a particular obstacle, but despite a mighty effort, the vehicle crashes directly into the barrier. (See image 7.) Ideally, the driver should not focus on the obstacle, but should look toward an area that is free of obstacles. This way the motor system will align properly for a successful passage. Another officer safety concern related to driving is the phenomenon commonly referred to as the Moth Effect, where a driver, usually fatigued, will often drift into a parked cruiser at roadside. The lights from a cruiser are thought to draw an individual’s attention, which leads the driver to direct the wheel towards the cruiser. Research performed decades ago revealed a phenomenon called latent heliotropism––light in a particular field of vision changes the electrical muscle potentials so as to act or respond into that direction. Therefore, there is an unconscious physical change that enables the effect. Besides safety precautions employed by the officer at the roadside, educating the public to consciously become more alert when emergency lighting is activated may have value. Heliotropism and possible counter measures continue to be studied. The visibility of an individual officer at the roadside was addressed in ANSI 107-1999 and -2004. Wearing ANSI-approved reflective clothing improves visibility, but some argued that such clothing makes an officer more of a target in a hostile traffic stop.

one’s mind and body are brought to a calm state, as the brain generates alpha waves. In approaching this state, the subject may roll his or her tongue up under the roof of the mouth, allowing the sublingual salivary gland to keep the mouth moist. Humming softly aids in achieving alpha waves by transferring low frequencies through the hard palate to the brain. Gently rolling one’s eyes into an upward gaze creates traction on the extra ocular muscles that move the eyeball, activating the oculocardiac reflex, which slows the heart rate.

Oculocardiac Reflex and Meditation With learning tasks such as boxing or martial arts, a period of meditation before the activity prepares one to learn, and a period of meditation after the activity helps calm the body and mind. During meditation,

Physiological Nystagmus; Proprioceptive Shooting In target shooting using optical sights, which magnify the target, or in proprioceptive (acting upon stimuli produced by the body) shooting, visual therapy creates a more precise and efficient marksman. The military is well aware of the eye/brain/ motor system relationship demonstrated in the Pistol Marksmanship Guide. When using open sights, one uses the front gun sight, rather than the downrange or closesight targets. (See image 8.) While viewing through the front sight, the shooter is aware of the target and the close sight. This works with the nature of the physiological nystagmus, which is the rapid, involuntary oscillation of the eye during fixation. The eye is in constant micromotion or oscillation to prevent the fatigue of the retinal cells. The ideal is to have one’s hand tremor match the motion of the physiological nystagmus. Having an arc of motion that mimics the eye’s motion allows the system to work in unison. By bringing the visual attention to the front site, the arc of movement is smaller, and alignment to the downrange target is easier to achieve.

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Image 9: Flashlights.

Image 10: Breaking concrete slabs.

Being in good physical condition, practicing, breathing correctly, maintaining the proper mental state, eating the right diet, and not using alcohol, drugs, nicotine, or medications are all factors that develop a better marksman. Proprioceptive shooting skills can be enhanced by using two flashlights or two laser pointers. (See image 9.) The shooter begins with both eyes open and holds a flashlight in each hand at his or her side. The shooter should first point one light on a wall, then match the position rapidly with the momentary switch on the other light. The shooter should switch target and shooting hands periodically for symmetrical development of skill in case he or she ever injures his or her strong arm in the field and hasto depend on the weaker arm. The United States Military Marksman program is an excellent resource for further study and training (see references).

the proper force must be achieved to prevent injury to the striker and deliver the desired effect on the receiving end. (See image 10.) An advanced martial artist is capable of performing the break or strike with oblique viewing, or even blindfolded, using imagery and proprioception. The individualâ&#x20AC;&#x2122;s internal coordinate system in relation to space must have validity, and the individualâ&#x20AC;&#x2122;s body coordinates, tactile coordinates, vision space coordinates, and even auditory positioning should be ideally calibrated. Vision therapy along with practice integrates the system. One variation on the art of breaking is to strike two separate targets simultaneously. An example is using both hands to strike two solid objects. This demonstrates symmetry in timing, power, and focus. If either hand delivers a difference in speed, power, or focus, the result is that only one or neither target is broken. Visual therapy, in improving efficiency, also improves body balance/symmetry and enhances performance when more than one physical operation is required, and thus will apply to the double break.

Tameshiwara Tameshiwara is the art of breaking durable materials such as wood and concrete, or even using a strike from the hand or foot to bend or deform metal. The greatest error in this art is placing the point of force delivery at the surface of the object that is to be breached. The deceleration of the striking body part to the resistant material will likely damage that body part and not the object. By directing the eye z axis (focus) and triangulation of eye direction to a point beyond the surface, the motor system will allow the acceleration of the hand, foot, or body part used for the strike, thus achieving the proper penetration through the material. Whether striking an object or a nerve center point on an opponent,

Night Vision Our eyes operate differently in different light settings. The eye has two major systems. One operates best under photopic (lighted) conditions while the other becomes dominant in scotopic (darkened) conditions. The mesopic interval (intermediate levels of illumination) describes the lighting condition around twilight and dusk. In World War II, the Navy had battle stations manned during this mesopic interval for practical reasons, even if no threat

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was apparent. The shape and color vision idiosyncrasies under mesopic conditions render a shorter detection time than under scotopic or photopic conditions. Under lighted conditions, the cones, which are densest at the center of the retina, provide the best color vision and acuity due to their distribution. Under darkened conditions, the peripheral retina has the advantage with primarily a distribution of rods. The central retina is not sending as much information to the brain, so it appears relatively as a blind spot. In extreme darkness, eccentric viewing is used to involve the rods because such conditions yield little visual information. Color depends on what wavelengths an object can reflect and absorb. As the lighting changes, the reflected wavelengths (and consequently, color perception) change. This is why it is often believed that there is no color vision in dim illumination. However, those who work in darkened conditions can describe colors fairly accurately by learning through experience. Better night vision can be accomplished by increasing retinal blood flow. Many pharmaceuticals and substances affect retinal sensitivity. For example, tobacco use greatly diminishes night vision and increases dark adaptation times. Those who quit smoking will typically improve their night vision within 6â&#x20AC;&#x201C;18 months. Other substances have the opposite efImage 11: Press gently. 11

Image 12: A tachistoscope attachment for a projector.

fect. For example, World War II bombers used the supplement bilberry to increase retinal blood flow, thus improving their night vision for bombing runs. Additionally, physical conditioning, good nutrition, and avoiding certain substances will lead to better night vision. An additional technique to accelerate dark adaptation is to close the eyes and roll them upward, turn the raised palms of both hands toward the eyes, and gently press the heels of the palms on the lower portion of the globes through the closed lids. (See image 11.) This gentle pressure should be maintained for approximately 10 seconds. A bilateral phosphene (sensation of light within the eye) will result and will appear as a dim internal glow or a less-dark appearance behind the closed lids. Open the eyes now that the palms are away from the face. Within a few seconds, more detail will become apparent under low illumination such as starlight.

Afterimage Home Therapy Observation powers are essential to the law enforcement officer. Tachistoscopic training was first successfully employed by Renshaw in World War II. Images of warplanes were presented to sailors for a fraction of a second to train them to rapidly identify incoming aircraft as friend or foe and as fighter or bomber. (See image 12.) Tachistoscopic training was also applied in the curriculum for the California Peace Officers’ Training Series in 1968. Some optometrists use the following as a home version of tachistoscopic training to develop the ability to “see and comprehend with a few looks what took many little looks to accomplish.” This exercise also deals with perception of space and local-

ization, such as identifying where in space someone or something is, especially when dealing with variable lighting conditions. The exercise takes place in a dim room with a 100-watt light approximately 16 inches from the subject. Initially, for adaptation, the subject’s eyes are closed with the light toward him or her for a few seconds. The subject then opens his or her eyes for 15 seconds, staring directly into the bulb. After, he or she will close his or her eyes and keep them closed, studying what is seen. Ask the subject “How much periphery exists surrounding the ‘blob’ of the afterimage?” Then the light is switched off, and the eyes continue to be gently closed, yet continue to look directly ahead toward the light source. The subject will see a thin blob of light on a black background, with complementary colors typically flowering centrally. Keeping the eyes closed, and relaxing the body, the subject should investigate the volume of blackness as the colors diminish. The subject should ask him or herself, “Do you see the blackness? Where does it begin, and are there limits?” It is expected that the subject will see the blackness beginning approximately 20 inches from the eyes and expanding to the limits of the room. “Do you know where the walls are; does the blackness extend to the walls; if not, what is between the walls and the blackness?” It is expected that the subject will begin to see objects around the light source as an afterimage, with a silvery color “silhouetted against blackness.” The objects should be as “clear as a good dream.” Usually the whole area is seen equally clearly at the same time, which is different than the way we see with the eyes open. Later in the training, the effects will extend into situations with the eyes open. This yields larger areas of space being clear. The field application of this exercise is that the subject will develop a better comprehension of a situation with less effort in looking.

Computer and Desk Work Nearpoint work (within several inches) requires a great deal of effort. The brain uses more oxygen, the prolonged posture required stresses the musculoskeletal system, and artificial lighting is difficult to focus under. Additionally, maintaining eye coordination and focusing is difficult with pa-

Image 13: An example of a slant board.

per work, but it is even more difficult with computer work. The blink rate decreases with close work and with computer work, adding to further vision discomfort and possibly a stress headache. Navy studies on submariners have shown that the focusing spasms from prolonged close work have caused undesirable changes in vision such as myopia (nearsightedness) and astigmia (somewhat distorted focus).

Our Office Handout: Vision Hygiene Proper vision habits are important to instill at an early age, and the benefits last a lifetime. Proper care in this area has a heavy influence on distance vision, overall posture, and overall health. This is one area that promotes vision efficiency and prevention. Reading, writing, hobby work, and drawing should not be performed on the belly, in bed, or in some un-constructed configuration of posture. The ideal situation is seated or standing, under good illumination (full-spectrum fluorescent or 100-watt frosted bulb in a student-style adjustable lamp) with the material resting at Harmon’s distance (the anatomical distance from the tip of the elbow to the second fist knuckle). The material should be at an approximate 22 degree incline to create the proper viewing angle and to prevent the subject from crunching over, thus compressing the rib cage (and inhibiting breathing) and becoming excessively close to the material. (See image 13.) The head should be straight, with the eyes slightly lowered to view the material. The workspace should face a window, allowing a distance rest view. If reading spectacles are prescribed, they should be employed per the doctor’s di-

Summer 2006 THE FORENSIC EXAMINER 29

Image 14: Keep the computer monitor low.

rections. Every 15–20 minutes, the subject should remove the reading spectacles, stand, and look out the window at a stationary target such as a tree. With his or her eyes fixed on the target, the subject should become aware of space and objects in the peripheral vision. This allows the focusing and triangulation of the eyes to relax, preventing fatigue and accommodative spasms. These spasms may lead to adverse changes in refractive error. The rest periods should last at least a minute. The blink rate while viewing a computer is much less than in other tasks. Therefore, the rest period aids dry eye symptoms, which people often perceive as tiredness. During computer tasks, the screen

should be positioned to minimize glare. It should be placed below the horizontal level for ease of convergence. At eye level or higher, most individuals will have greater fatigue because it takes more effort to maintain eye coordination in the higher eye elevations. Neck problems also tend to arise when the screen is higher. (See image 14.) Multi-focal spectacle lenses are used properly when the screen is below the horizontal level. The use of small handheld computer games that are usually held close to one’s face is discouraged.

Our Office Vision Therapy Homework Handout: Forkiotis Rotations Eye rotations are one of our most powerful

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and efficient home-based vision therapy procedures. Eye rotations are performed on a daily basis—first on each eye separately and then both together. The subject should spend 1 minute for each eye separately and 1 minute with both eyes open three times a week. No prescription lenses are worn. The subject should be standing and facing out a window with good posture. A plano (non-powered) safety glass with a strip of electrical tape down the center of one eye, or a patch, may be used for occlusion. A long shiny spoon is used and is held so the convex (round) side is toward the eye. The spoon is rotated in the vertical plane beginning approximately 5 inches from the eye, outward and then back, then in the reverse direction, making excursions out to the extent of the arm’s reach. Then the same large circular movements are performed on the horizontal plane, and then the two diagonal planes. The other eye is then used, and finally both eyes. Use the right hand for the right eye and the left hand for the left eye, and alternate hands for both eyes. The subject should follow his or her face reflection during the procedure as it recedes and approaches along the circular movements. As the procedure becomes smoother, the subject will attend the face reflection target. Then the subject will attend the face target along with the surrounding reflection of objects and space behind, which are also reflected in the spoon. As proficiency pro-

What is Behavioral Optometry? 15

Image 15: An eye exam room.

Behavioral optometry goes beyond diagnosing and treating eye disease, performing eye surgeries, and prescribing spectacles and contact lenses. Behavioral optometry deals with the individual’s perception, or brain processes, in handling light energy in certain patterns. The behavioral optometrist uses vision therapy to guide the individual with to change those patterns indirectly by altering how the brain is helped and guided in processing light energy. The profession is unique in using lenses and prisms in vision therapy to achieve these changes. (See image 16.) The practicing behavioral optometrist understands the physiology of the neck, vision, and vestibular system and the relations of the coordinate systems of these relative to the environment. This involves understanding the effects of prisms and lenses on the postural reflexes and the center of gravity induced via the superior colliculus,

gresses, the subject will attend his or her face reflection and the rear space reflection along with the forward space and objects. As progress is achieved in smooth performance, ask the question: “Keeping your eyes fixated on the spoon, how aware are you of the peripheral vision details beyond the spoon in the rest of the environment?” The goal of this exercise is to build smooth eye movement and increase conscious awareness of peripheral vision details. Pe-

on the mind and body and the individual’s time/space world, and on the influence on the autonomic nervous system. Farsightedness, nearsightedness, astigmatism, and eye posture all reflect the individual’s relationship with the environment, as well as the person’s operating system. The optometrist’s goal is to prevent vision problems, reduce refractive error, and improve overall vision efficiency. Observing the individual’s breathing, posture, speaking, and walking helps the behavioral optometrist understand the individual and his or her vision system. Measuring the posture of the vision system and refractive error allows the optometrist to quantify the distortions of the individual’s operating system and understand how the person deals with space and time and how the system may be improved. The optometrist 16

ultimately measures the vision system to demonstrate the improvement in vision values. Whether enhancing the vision system for sports performance or to improve a person’s functioning from stroke, trauma, and amblopia (lazy eye), vision therapy aids in an individual’s overall vision efficiency. (See image 17.) Improving the way space and time perception match reality improves a person’s performance in sports, academia, and life. Optometrists who practice in this area initially work with mentors, attend seminars, and receive continuing education throughout their careers. They also continually experience vision therapy for their own benefit. Behavioral optometry internships are available through many of the optometry schools.

Image 16: A small sampling of vision therapy instruments––lenses and prisms are probably the best tools for guiding changes.

Image 17: A Wayne Saccadic Fixator is often used in conjunction with a balance platform. The subject must touch buttons as they light for training eye-hand coordination with balance.

ripheral vision function and performance is important in body balance, movement through space, operating a motor vehicle, not losing your place while moving your eyes from line to line while reading, and avoiding accidents. This procedure also improves eye-hand coordination, the smooth pursuit system, eye teaming, eye focusing, peripheral awareness, and other important vision skills that apply to everyone but are very useful for the officer in the field.

In summary, vision skills are pervasive throughout an officer’s entire work day. Simple practices aid in maintaining and improving vision efficiency, and knowledge of basic vision science aids in more fully using, maintaining, and enhancing such skills.

References Cotter, S. A. (1995). Clinical uses of prism: A spectrum of applications (Mosby’s

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optometric problem solving series). Mosby. Cratty, B. J. (1970). Perceptual and motor development in infants and children. Macmillan Company. Dawkins, H., Edelman, E., & Forkiotis, C. J. (1990, October). Suddenly successful: How children and adults can overcome learning, health, and behavior problems. OEP Foundation. Dawkins, H., & Forkiotis, C. J. (2001, November). Focus your mind’s eye, how behavioral optometry helps. OEP Foundation. Elder, S. D. (1949). Textbook of ophthalmology. Mosby. Focus on vision and vision therapy. [Four 2-hour video cassettes]. (1989, June). United States: Fydenborg Videoworks. Forkiotis, C. J. (1981, November). Vision requirements and the police officer selection process. The Police Chief. Harmon, D. B. (1958). A dynamic theory of vision. OEP. Haynes, H. M., & McWilliams, L. G. (1979). Effects of training on near-far response time as measured by the distance rock test. Journal of the American Optometric Association, 715–718. Lesser, S. K. (1933). Fundamentals of procedure and analysis in optometric examination. Renshaw, S. (1945). The visual perception and reproduction of forms of tachistoscopic methods. Journal of Psychology, 20, 217–232. Reynolds, G. (2006, February 5). A little flabby around the eyeballs. New York Times. Roncagli, V. (2002, November 1–4). The role of vision on balance and posture. Presented at the 4th International Congress of Behavioral Optometry, Verailles. Scheiman, M., Mitchell, G. L., Cotter, S., Cooper, J., Kulp, M., Rouse, M., et al. (2005, January). A randomized clinical trial of treatments for convergence insufficiency in children. Archives of Ophthalmology, 123(1), 14–24. Solan, H. A. (1998, March). In support of vision therapy. Review of Ophthalmology, 44–45. The 1986/1987 Future of Visual Development/Performance Task Force. (1988). Special report: The efficacy of optometric vision therapy. Journal of the American Op-

tometric Association, 59, 95–105. The United States Army Marksman Unit. (1980). Pistol marksmanship guide. U.S. Government Printing Office. Vickers, J. (2004, January). The quiet eye. Golf Digest. Weisz, C. L. (1979). Clinical therapy for accommodative responses: Transfer effects on performance. Journal of the American Optometric Association, 50(2), 209–214.

About the Authors Eugene Robert Bertolli, OD, FACFEI, DABCHS, CMI-V, CHS-V, practices behavioral and advanced optometry, diagnoses and treats eye disease, and offers vision therapy services for his patients. Together with Dr. Forkiotis and Hazel Dawkins, Dr. Bertolli wrote the book Shields Against Terrorism: Guarding Against Weapons of Mass Destruction and Other Unconventional Threats. He is an adjunct speaker at the Connecticut Police Training Academy, and he lectures on the visual science behind horizontal gaze nystagmus (HGN). Additionally, he developed an innovative set of guides for the rapid recognition and identification of unconventional attacks (WMDs), primarily from victim ocular findings. Dr. Bertolli is a Life Fellow in the American College of Forensic Examiners, a Diplomate of the American Board for Certification in Homeland Security, and a Certified Medical Investigator (CMI-V), and he is Certified in Homeland Security (CHS-V). He also serves on the editorial advisory board for The Forensic Examiner®.

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Constantine Forkiotis, OD, FCOVD, FAAO, CHS-III, has spent years working with state and municipal police departments checking, showing, and evaluating HGN in the field.

He became an expert witness for contested DUI court cases in Connecticut, New Hampshire, Delaware, New York, New Jersey, and Florida. Dr. Forkiotis is a member of the American College of Forensic Examiners (ACFEI) and is Certified in Homeland Security (CHS-III). Dominic R. Pannone, OD, CMIV, CHS-III, is a behavioral optometrist who has been practicing in Norwich, Connecticut, since 1960. He is a member of the American Optometric Association and has been a member of the Optometric Extension Program for 35 years. He established the vision care and health section for the Haitian Health Foundation in Jeremie, Haiti, in 1989 and still serves as its consultant. In 1990 he became a Connecticut State Police Surgeon and today is an adjunct lecturer at the Connecticut Police Academy on vision, drugs, and alcohol and their effects on driving. He is a member of the American College of Forensic Examiners (ACFEI) and is a Certified Medical Investigator (CMI-V). He is also Certified in Homeland Security (CHS-III). Hazel Dawkins is a veteran editor and writer whose career began in London’s Fleet Street newspaper world, which took her to Paris, Geneva, and New York City. An editor for major publishers, including Harper & Row and Columbia University Press, she has authored several books on vision and behavioral optometry.

Earn CE Credit To earn CE credit, complete the exam for this article on page 67 or complete the exam online at www.acfei.com (select “Online CE”).

The Cold Case of Carol Blades “The Missing Housewife” By Barbara Kemm-Highton, BS

Carol Horton Blades

elevision, movies, and books would lead us to believe that cold case squads are forming everywhere. However, hundreds of families in every state are still waiting for these methodical, relentless, and talented experts to come to their towns. These families hold out hope that their loved ones’ killers will be caught and made to pay for their crimes. These families seek the truth and an end to the haunting anxiety and restlessness that comes from the “not knowing.” One such story was gathering dust in the heart of the Ozarks. In the small town of Nixa, Missouri, a 1969 crime is still remembered. On a cold day in December 1969, a young wife traveled down a typical Main Street lined with small businesses and friendly faces to visit the local laundromat. Once there she placed her laundry in the washer and then mysteriously disappeared. Seemingly without a sound or a trace, Carol Horton Blades was missing. The investigation into Carol’s disappearance was headed by Sheriff Buff Lamb. A controversial figure in the small town, Sheriff Lamb ruled his county via intimidation and a heavy oversized flashlight. Many of his cronies revered him, but many women in the small town found his chauvinism threatening. Nonetheless, he would lead the investigation into the “missing Nixa housewife.”

From the very beginning, Lamb informed that the press, “She probably ran off.” Carol’s husband was not convinced that his rather shy young spouse would do that. The couple, married just 2 years, were planning to adopt a child. He couldn’t imagine his wife would just leave in the middle of the day with no warning. Louis and Geraldine Horton, Carol’s parents, immediately moved from Oklahoma back to the area. They consumed themselves with the details of December 15, the day their daughter vanished, and they began to demand answers. Sheriff Lamb did not take kindly to demands, and the family and the law pitched enemy camps. A grand jury was convened, a reward fund established, and dueling articles were published in the local paper, the Springfield News & Leader.

As time passed, rumors proliferated. Some believed that a transient had kidnapped Carol; others feared that a local had killed her; still others were convinced that her husband was to blame; and some even thought that the sheriff had played a part in the disappearance. The town was filled with suspicions, hostility, and fear. Meanwhile, the case stalled. One year later, a terrible discovery proved that Carol had not “run off.” On Christmas Day, a man checking his herd of cattle on a sprawling farm in Ponce de Leon, 13 miles southwest of Nixa, stumbled across a woman’s skeletal remains; it was Carol. The

discovery of the bones revealed the young woman’s fate. Her funeral was held, and one by one suspects were polygraphed and eliminated and witnesses were questioned and re-questioned, but all leads turned to dead ends. In 2001, I began writing a book (A Body On The Farm: The Disappearance and Murder of Carol Blades) about this decades-old case. The book explores, among other things, the use of psychics for unsolved cases, and it follows the trail of a serial killer and suspect in Carol’s murder. Following the publication of the book, a retiring lawman in Missouri indicated that he would form a cold case team and look into any unsolved cases at the request of the families. If you are interested in having your case (in the Ozarks and surrounding area of Missouri only) reinvestigated, or if you are in law enforcement and would like to contact this team to assist them, please email me at barbarahighton@sbcglobal. net. I have also begun research on three major cases in the Ozarks: one in Cassville, one in Clinton, and another in the Dogwood area. I would welcome more families to be included in this anthology. Their loved ones should never be forgotten.

About the Author Barbara Kemm-Highton, BS, has been a language arts teacher for 29 years. Ten of those years have been teaching adjudicated teens. She holds a bachelor’s degree in education from Missouri State University and is a certified reading, language arts, and special education teacher. She previously taught middle and high school in Joplin, Missouri, and for 14 years was an English teacher for the Rogersville, Missouri, schools. She has also been a Title I Reading Specialist. Highton’s first book, A Body On the Farm: The Disappearance and Murder of Carol Blades, is available through Barnes & Noble, Amazon, and her website, www. abodyonthefarm.com, through which she can be emailed.

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By Laura Kirsch, JD, MA

cold case just might get hot again if a cold case squad is working on it. Old unsolved cases, known as cold cases, are generating a buzz as more police departments develop cold case squads and as DNA testing advances in technology. With the popularity of TV shows such as CBS’s Cold Case, general expectations of a police department’s ability to solve these cases have increased. Very rarely does a cold case remain unsolved on television, yet figuring out whodunit in real life poses more challenges such as limited staffing and financial resources. However, one benefit of the popularity is that more people want to work or even volunteer to help with these cases (Hobbs, n.d.). Formation of a Cold Case Squad When an area has many unsolved homicides or when new cases prevent investigators from spending time on old cases, a cold case squad might be formed (Turner and Kosa, 2003). For it to be most effective, a cold case squad should consist of experienced and persistent investigators (Regini, 1997).

The best candidates to work on a particular cold case are the investigators who initially worked on the case. By involving these investigators, the squad should save time, as the original investigators are already familiar with the facts and details of the case. Also, when a cold case is solved, the original investigators will achieve a sense of accomplishment and completion for cases in which they have already invested so much time (Lord, 2005). Yet, enlisting help from the original investigator can be difficult if that person is busy working on new cases (Turner and Kosa, 2003). Selection of Cases Before beginning work on a cold case, a squad needs to decide which case to pursue. By researching various factors in each case and selecting the cases that are most likely to be solved, a squad can increase its chances for success (Lord, 2005). Factors to consider include whether the victim has been identified, whether suspects have already been identified, how much physical evidence exists, and how willing witnesses are to cooperate (Turner and Kosa, 2003).

34 THE FORENSIC EXAMINER Summer 2006

Types of DNA Testing and Fingerprint Analysis DNA testing is not the only way to solve cases; it is just the method that has received the most attention recently because of technological advances. The use of DNA testing and increased fingerprint technology has allowed decade-old cases to be re-examined (Hobbs, n.d.). Although fingerprints have been used to solve cases for years, recent developments have broadened their use and detection. Investigators can now find and lift prints from materials as varied as leather and cloth, which were previously considered unprintable, by using cyanocrylate fingerprint systems. In addition, automated fingerprint identification systems and systems that use lasers to lift prints aid investigators (Turner and Kosa, 2003). If evidence has been stored properly, testable DNA might exist (Using DNA, 2002). Every person (except for identical twins) has unique DNA, which is the basic building block of a person’s genetic makeup. The same DNA found in one cell of a person’s body is found in almost every cell of that

person’s body, regardless of whether the cell is from skin, blood, or somewhere else (Using DNA). In the early days of DNA testing, restriction fragment length polymorphism (RFLP) was the main way to use DNA evidence for forensic purposes. This technique allows analysis of variable lengths of DNA fragments produced when a special enzyme digests a DNA sample (DNA Forensics, n.d.). Now that advances have been made, investigators do not use RFLP as much, especially because it requires a DNA sample that is about the size of a quarter while newer methods can use a sample as small as a few skin cells (DNA Forensics). Today, more investigators use polymerase chain reaction (PCR), short tandem repeat (STR), or mitochondrial DNA (mtDNA) analysis instead of RFLP. PCR allows investigators to make millions of copies of DNA from one biological sample, with each copy being identical to the first. Because so many copies can be made, the sample from which they are taken can be tiny. So, even if a sample has degraded over time, the possibility of finding part of it that can still be used to make copies is much greater than with RFLP (DNA Forensics, n.d.). STR technology examines specific regions of nuclear DNA. Investigators can distinguish between DNA profiles if STR regions vary (Using DNA, 2002). Mitochondrial DNA (mtDNA) analysis differs from other methods because it uses DNA from the mitochondrion in a cell and not the nucleus. Evidence consisting of cells that do not have a nucleus and therefore cannot be analyzed with other techniques, such as hair shafts or bones, is ideal for mtDNA analysis (DNA Forensics, n.d.). Another benefit of mtDNA analysis is that all maternal relatives share the same mtDNA. Therefore, an mtDNA sample from the remains of an unidentified victim can be compared to those of a potential maternal relative for possible identification, which is especially useful in missing persons investigations (DNA Forensics). Application of DNA Databases Increased technology has allowed not only a greater number of and more advanced ways to test DNA evidence, but also better ways to electronically store and compare the re-

sults of these tests. A computer software program called CODIS (Combined DNA Index System) currently uses a convicted offender index and a forensic index to search for matching profiles. The convicted offender index contains DNA profiles of criminals guilty of certain offenses, and the forensic index has DNA profiles from crime scene evidence. By January 2003, CODIS contained more than a million DNA profiles in the convicted offender index and roughly 48,000 in the crime scene index (DNA Forensics, n.d.). Usually, if CODIS generates a match, investigators can use the information as probable cause to get a new DNA sample from the suspect before making an arrest (Using DNA, 2002). Preservation of Evidence How well evidence from a case has been preserved often influences whether a cold case squad will reopen an investigation and whether DNA testing can be done on the evidence. Sometimes evidence might not have been stored properly and might have suffered from decay. Also, for cases that are several years old, the evidence is often suited to be tested by older technology and not the technology that exists today. As a result, investigators might not have all the necessary evidence to crack the cold case (Lord, 2005). Methods of packaging evidence range from plastic bags that are stapled shut to open cardboard boxes. Even though neither of these methods is particularly good, investigators should only change the way evidence has been stored when it has not been packaged at all. The goal of storing evidence is to limit contamination, and altering the way evidence has been stored can introduce new contaminants (Using DNA, 2002). Additionally, certain methods of storage encourage more bacteria growth, which can damage or degrade DNA samples (Using DNA). Use of Witnesses When opening a cold case investigation, the squad must consider how willing witnesses will be to get involved with the case again. Just locating witnesses presents a challenge. Once found though, witnesses might be more willing to cooperate now

than they were when the event happened. Enough time may have has passed that they no longer feel threatened by possible retaliation from the suspect, or their emotions may have cooled or stabilized (Turner and Kosa, 2003). Yet, investigators should be prepared for dealing with witnesses who might not want to revisit a traumatic memory (Regini, 1997). Future of Cold Case Squads As long as the resources exist to supply them, cold case squads should continue to grow. New technology has created opportunities for solving more cases, but limited financial and staffing resources often slow progress. Also, even with the advantages of technology, the complete resolution of a case often depends on the contributions of witnesses or informants (Turner and Kosa, 2003). Despite these challenges, the edge that technology gives cold case squads is undeniable. Technology has changed how today’s investigators solve cases and will undoubtedly bring more changes. Perhaps the result might even be the elimination of the cold case.

References U.S. Department of Energy Office of Science. (n.d.). DNA forensics. Retrieved April 5, 2006, from http://www.ornl.gov/sci/techresources/Human-Genome Hobbs, D. (n.d.). How to catch a killer. Retrieved January 4, 2006, from http://www.newspress.com/ coldcases/catchkiller.com Lord, V. B. (2005, Feb.). Implementing a cold case homicide unit. FBI Law Enforcement Bulletin. Retrieved January 12, 2006, from http://www. fbi.gov/publications/leb/2005/feb2005/feb2005. htm#page1 Regini, C. L. (1997). The cold case concept. FBI Law Enforcement Bulletin. Retrieved January 9, 2006, from http://www.fbi.gov/publications/leb/1997/ aug971.htm Sanders, T. (2005, Oct. 10). No glamour, no fame for Alabama’s forensics team. Montgomery Advertiser. Retrieved January 4, 2006, from http:// www.montgomeryadvertiser.com/apps/pbcs.dll/ article?AID=/20051010/NEWS/510100323/1001 Turner, R., and Kosa, R. (2003, July). Cold case squads: Leaving no stone unturned. Bureau of Justice Assistance Bulletin. Retrieved January 9, 2006, from http://ncjrs.gov/html/bja/coldcasesquads/index.html National Institute of Justice. (2002, July). Using DNA to solve cold cases. Retrieved April 4, 2006, from http://www.ojp.usdoj.gov/nij/pubs-sum/194197. htm

About the Author Laura Kirsch, JD, MA, is a staff writer for The Forensic Examiner®.

Summer 2006 THE FORENSIC EXAMINER 35

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Minding Milosevic’s Mind

Improving International Justice by Creating Deeper Insight into Judicial Actions By Barry Austin Goodfield, PhD, MFT, FACFEI, DABFM, DABPS, AAETS

hen former Yugoslavian president Slobodan Milosevic was arrested and brought to The Hague, I was employed by the Tribunal to evaluate and teach the prosecution staff what specific nonverbal messages revealed about the unconscious mind of Milosevic. For many years I evaluated Milosevic and made recommendations regarding his behavior and future actions [for NATO and the UN]. The International Criminal Tribunal for the former Yugoslavia (ICTY) attempted to provide a court-appointed legal team to advise Milosevic; the team consisted of former U.S. Attorney General Ramsey Clark and British lawyer John Livingston. This move would have done much to throw out the idea that Milosevic was “one man alone against an unjust world court.” The ICTY move would have also restricted the number of people who would be able to hold meetings with Milosevic without being monitored. However, Milosevic rejected the offer. Had he accepted the team assigned to him, it would have interfered with his own legal defense. Moreover, it would also suggest that he accepted the court’s legitimacy. Finally, it would have shown that he was not defending himself alone. Milosevic had other reasons to refuse the Tribunal’s suggestion as well. First, he was a bright and talented attorney himself. Second, he also had two attorneys who were present every time he was in the courtroom; they sat 5 or 6 feet from him, heard everything that was said, and made eye contact regu-

larly. I know this because I sat next to them so I could read Milosevic’s responses as they made eye contact. We never talked. And, finally, when there was a break in the proceedings Milosevic would be escorted to a small room adjacent to the courtroom. The room had three chairs gathered around a steel table and a direct-line phone sitting in the center. When lifted it connected him instantly to a phalanx of attorneys in Belgrade awaiting a briefing and assignment from their president and the two lawyers on the scene.

The Methodological Tools Used to Evaluate President Milosevic Over the past 30-plus years I have been developing a system of analyzing behavior based solely on what is observable and testable. I call this the Goodfield Method. President Milosevic was evaluated using his observable, nonverbal behavior. Here are the basic ideas associated with the method, and following this overview are the results of Milosevic’s

evaluation. To conduct this analysis, what I call the nonverbal leak (NVL) must be established. It is a referential message reflecting the unconscious other-half of the person’s message. The NVL is a repetitive, patterned movement from the shoulders up that reflects unresolved, perceived trauma manifesting old decisions or strategies from one’s past. It is unconscious and visible to others; it is testable. It is a way of looking at the unconscious strategies that the individual presents in his or her total nonverbal behavior. The next step is to establish the symbolic meaning of the NVL. This means decoding the nonverbal responses into their unconscious symbolic meaning on three levels: impact, primary emotion, and primary coping strategy. This is the sum total of an individual’s interaction regarding the expression of basic emotional strategies. Impact (Symbolic Level One, SL-1) is a perceived traumatic event. It is real in the sensory system of the person who experiences it. It comes into the system primarily through the eyes. A crisis occurs, and this shock to the system can be recorded on a conscious or unconscious level. The impact on a person is on an intra-psychic, psycho-physiological, or interpersonal level. In the Goodfield Method there are six manifestations of impact: shock (eyes large), fear (teariness), denial (eyes up, trance, white below eyes), disbelief (eyes closing), pain (tearing, turn away from), and trance (eyes that stare in an unfocused way). The Primary Emotion (Symbolic Level Two, SL-2) is the first reaction a person has to the traumatic event; it is what he or she really wants to do. If the response in an SL-2 situation is anger, then the person wants to express

Summer 2006 THE FORENSIC EXAMINER 37

At A Glance: Yugoslavia and Slobodan Milosevic Timeline of Events from 1989–2006 1989

1990

1991

• 1991: Croatia and Slovenia declare independence from Yugoslavia. Serbs living in Croatia look to Milosevic for support.

• 1989: Slobodan Milosevic becomes president of Serbia as the leader of Serbia’s Communist party and removes autonomy from Kosovo, a province in Serbia.

2001

• April 1, 2001: Milosevic is arrested at his home in Belgrade, Yugoslavia, by local authorities after a 26-hour standoff.

2002

2003

1992

1993

1994

2005

2006

• 1992: Bosnia-Herzegovina declares independence from Yugoslavia.

2004

• February 12, 2002: Trial against Milosevic begins. Milosevic is held at the Scheveningen detention center in The Hague.

• March 11, 2006: Milosevic is found dead in his cell. • March 14, 2006: Presiding Judge Patrick Robinson announces that the case against Milosevic is over because of his death. • April 5, 2006: An independent inquest into Milosevic’s death confirms that his death was from natural causes and not foul play, which some had speculated.

it clearly and directly with no holding back. SL-2 can also be anger directed outward or sadness. The Primary Coping Strategy (Symbolic Level Three, SL-3) is what the person does; it is not what he or she wants to do. It is the realization for the person that when he or she gives in to the feelings of what he or she wants to do, it could make the situation even worse. It is the compromise that works for that person at that moment. With time and similar perceptions of what his or her world is like, the person develops similar strategies for similar situations.

The SL-3 is the person’s basic strategy for dealing with those feelings in his or her life. SL-3 strategies include denial, trance, anger turned inwards or outwards, control, biting down, distancing, and calculated emotional response (CER). What the Goodfield Method Revealed about Milosevic After many hours of close observation from May 30, 2002, to April 15, 2003, I presented the prosecution staff with a series of precise suggestions regarding what they might do to obtain a convic-

38 THE FORENSIC EXAMINER Summer 2006

tion against the former president. In my opinion, Milosevic was not crazy or evil. Milosevic was a person who suffered from an extraordinarily traumatic childhood and, as a consequence, made many basic decisions on an unconscious level that led him to see the world the way he did and to react to the world of his perception. He also adopted some strategies that predisposed events and actions to happen as they did. Milosevic’s NVL started with his eyes open, then his tongue coming in and out quickly. His top lip drew tight,

1995

1996

1997

• 1995: Massacre at Srebrenica in Bosnia. See page 43 for details. • Summer 1995: Croatia recovers most of the land the Serbs had taken from them by launching a violent military campaign.

1998

1999

• July 1997: Milosevic is selected as Yugoslav president by federal parliament, which consists mainly of his supporters. Only the republics of Serbia and Montenegro remain part of Yugoslavia.

• November 1995: The Bosnian War formally ends with the Dayton Peace Agreement, which Milosevic signs.

Yugoslavia • Yugoslavia consisted of six republics: Bosnia-Herzegovina, Croatia, Macedonia, Montenegro, Serbia, and Slovenia until Bosnia-Herzegovina, Croatia, Macedonia, and Slovenia seceded. • As of February 4, 2003, Yugoslavia does not exist in name, but a federal government retains ceremonial powers for the two remaining republics of Serbia and Montenegro.

2000

• May 1999: The UN International Criminal Tribunal for the former Yugoslavia indicts Milosevic. The indictment lists charges against Milosevic regarding Kosovo, Croatia, and Bosnia-Herzegovina. All three sets of charges are combined into one trial. The charges include genocide, crimes against humanity, grave breaches of the Geneva Conventions, and violations of the laws or customs of war. Charges relating to specific republics are listed below. • Bosnia-Herzegovina: for offenses between 1992 and 1995—charges include the most serious charge, genocide. Milosevic is accused of murdering thousands of Bosnian Muslims and Bosnian Croats. • Croatia: for offenses between 1991 and 1992—charges are for the murder of civilians and the forced removal of 170,000 non-Serbs from their homes. • Kosovo: for offenses between January and June of 1999—charges are for the forced removal of 800,000 Kosovo Albanians and the murders of nearly 600 individually identified ethnic Albanians.

References Associated Press. (2006, March 12). Chronology of Milosevic’s career. The Boston Globe. Retrieved April 6, 2006, from http://www.boston.com/news/world/europe/articles/2006/03/12/chronology_of_milosevics_career/ The charges against Milosevic. (2006, March 11). BBC News. Retrieved April 6, 2006, from http://news.bbc.co.uk/1/hi/world/europe/1402790.stm Merriam-Webster Online. (2006). Kosovo. Retrieved April 6, 2006, from http://www.m-w.com/dictionary/kosovo Milosevic ‘died of natural causes.’ (2006, April 5). CNN.com. Retrieved April 6, 2006, from http://www.cnn.com/2006/WORLD/europe/04/05/milosevic.death/index.html Milosevic’s Yugoslavia. (n.d.). BBC News. Retrieved April 6, 2006, from http://news.bbc.co.uk/hi/english/static/in_depth/europe/2000/milosevic_yugoslavia/default.stm Tribunal closes Milosevic case. (2006, March 14). CNN.com. Retrieved April 6, 2006 from http://www.cnn.com/2006/WORLD/europe/03/14/milosevic.caseclosed.ap/index.html Wikipedia.com. (2006). Yugoslavia. Retrieved April 6, 2006, from http://en.wikipedia.org/wiki/Yugoslavia

causing it to thin as the lines on the sides of his mouth became exaggerated. He would then close his eyes and open them quickly. There was a variation on this when he was trying to control his reactions. On a symbolic level his message was clear: “I am sad and angry, and I will let my anger out or get revenge when I feel it is right to let it out” (CER). There are specific physical reactions in his NVL that are quite rapid and revealing. They occurred in the following sequence:

1) I am skeptical. Revealed by an elevated eyebrow. 2) I must control my anger. Revealed by pulsing, bilateral jaw muscles during questioning by prosecution attorneys. During times like this he would often place his right index finger into his masseter (a muscle that raises the lower jaw) and put his middle finger across his top lip. The message is, “I’m angry, and I’m trying to control it.”

3) I’m letting my anger out. When he interrogated witnesses or responded quickly to judges from the Tribunal, his anger was revealed by tongue out (particularly towards Judge Robert May). His tongue would go in and out quickly, indicating a direct expression of aggression. His message was, “I make a plan, and when the time is right I will express my anger” (CER). 4) I will control my feelings. This was revealed by a controlled, tightened top lip, giving a tight, thinning upper appearance.

Summer 2006 THE FORENSIC EXAMINER 39

5) I will deny what I see or hear. This was revealed by closing the eyes. 6) I will restore my system’s balance by internalizing my feelings and swallowing unexpressed emotions. Milosevic’s NVLs are not pathological; they are, in fact, commonly seen in many people. What makes his NVL important to the prosecution is that it gives them an ongoing “intelligence briefing” in relation to their courtroom tactics and strategies. Of course, we all communicate with our complete body on both conscious and unconscious levels, and Milosevic was no exception. Comments about Milosevic’s Apparent Duality: There Are Two Realities Governing Milosevic’s Behavior When Milosevic was appearing before the Tribunal, he sat at a table draped with a curtain that obscured the view of his legs. However, I sat at an angle that revealed some interesting information. Above the table Milosevic appeared (not withstanding his NVL) to be relatively calm and composed, although his face revealed the stress of the trial as it proceeded to drag on day after day. However, beneath the table and hidden from sight of the court but not from the prosecutors, he moved his legs and feet. These movements indicated to the prosecutors that they were on target because he was agitated by certain specific questions. These reactions helped to guide them. These were below-thetable unconscious actions of a person trying to manage his deeper feelings of rage, fear, and discomfort, which were unacceptable to express. These leg and feet movements provide a look at Milosevic’s unconscious coping strategies. Again, these strategies are similar to those used by many people who feel prohibited from expressing their feelings openly. What is unique, however, is the window they provide into a man who was accused of unspeakable atrocities in Kosovo, Croatia, and Bosnia. They also

gave the prosecution attorneys a unique opportunity to act on information revealed by his unconscious.

made him subject to manipulation. • He kept very close count of the points being scored in his waged war for his country, position, and honor.

Milosevic’s unconscious movements (NVL) revealed the following: • He experienced pressure within his system. • He had a strong ego structure. • He did not want to let others know that he was experiencing any discomfort with regard to the judicial proceedings. • He was acutely aware of the fact that his actions were being scrutinized during the judicial proceedings, a fact he denied by acting as if it was not happening.

Where Did Milosevic Come From and How Did He Fall From Power? An individual’s early years are critical to the development of his or her views and values. They weave the unconscious fabric that covers one’s life from beginning to end. How can it be that a person like Milosevic can go from being president to a prisoner referred to as the “Butcher of the Balkans”? His life was quite a success story until unconscious factors overwhelmed his conscious judgment. Milosevic was born on August 20, 1941, in the town of Pozarevac in the Republic of Serbia. With a history of depression in his family, he suffered from the malady through the Second World War and during his entire life. His traumatic background included the suicide of both of his parents. However, his life changed and his depression lessened when, at the age of 17, he met and married his wife, Mirjana Markovic. Mirjana had a similarly traumatic youth, including the loss of both of her parents. She and Milosevic shared a deep connection, and many later referred to her as the “Serbian Lady Macbeth.” In their life together they had two children, a daughter, Marija, and a son, Marko. The old unresolved traumatic events in Milosevic’s life influenced his behavior. As a child Milosevic would have made the following decisions: • I will hang on in the face of intolerable hardship. • Pressure will strengthen my resolve. • The views of others are not relevant, as they do not understand the facts. • Revenge is justified and appropriate with all that I have experienced. These decisions in and of themselves are not pathological. In fact, they are often seen as admirable qualities. These decisions have probably led many admirable people to overcome hardship and achieve success when others of weaker

“

How can it be that a person like Milosevic can go from being president to a prisoner referred to as the ‘Butcher of the Balkans’?

”

• He did not want to be perceived as weak, fearful, embarrassed, foolish, or in any way intimidated or out of control regarding the judicial proceedings. • He was willing to show and be perceived as showing anger, controlled rage, contempt, disdain, disbelief, curiosity, disregard, and superiority. • He was untouched and unbroken and was convinced and determined that nothing would alter this presentation to the court and the world that watched via the gallery and television. • His greatest weakness was his need to be perceived as strong. • The incongruence between his projected image and the underlying controlled or repressed emotional reality

40 THE FORENSIC EXAMINER Summer 2006

character would have yielded to the stress or pressure. Over time these decisions, made on an unconscious level, became strategies Milosevic used for survival in everything, large or small, on a personal level and as president of his country. What these strategies produced was a rigid person who erected a wall around himself. The only person able to enter his world was his soul mate from age 17, Mirjana Markovic. She supported and guided him. She was more than a wife and confidante; she was his link to life itself. She was granted access to her husband while he stood trial and this, I believe deeply, is what kept him alive. After their marriage, Mirjana received a PhD and became a tenured professor at the University of Belgrade and a member of the Russian Academy of Social Sciences. In 1964, Milosevic received a law degree at the University

of Belgrade. Before entering politics, Milosevic had an extensive career in management and banking. For many years he was the president and CEO of Tehnogas in Belgrade, one of the largest industrial companies in Serbia. Subsequently, he was the President and CEO of Beobanka, the largest bank in Yugoslavia at the time. He conducted business regularly with organizations and institutions within the United States. Milosevic held some of the most important political appointments and elected offices in the City of Belgrade and Republic of Serbia. He founded and was the president of the Socialist Party of Serbia. In 1990, in the first democratic elections in Yugoslavia since World War II, he was elected president of Serbia by a landslide, and he was again elected president of Serbia by an overwhelming majority in the 1992 general elections.

Milosevicâ&#x20AC;&#x2122;s Death On March 11, 2006, Milosevic was found dead in his cell at The Hague. Immediately controversy and conspiracy theories arose surrounding his death. Some suggested that there was foul play involved. His family and supporters contended that he was poisoned or otherwise murdered. Additionally, there was speculation that he committed suicide. However, I believe Milosevic, as stated in the autopsy, died naturally of a myocardial infarction (heart attack) because I have had close contact with all levels of the professional staff at the International Criminal Tribunal for the former Yugoslavia. Moreover, in September 1994, I trained the carefully selected, elite prison guards before the detention center was finished and received any alleged war criminals. I am convinced that there was no plot or foul play involved in the death of Mi-

Summer 2006 THE FORENSIC EXAMINER 41

losevic. Every effort was taken to keep him alive and well in what was seen as a case that would have likely resulted in his conviction of the majority, if not all, of the charges. However, I do believe the loss of contact with his wife may have contributed to Milosevic’s death. Near the end of Milosevic’s life, charges were filed against his wife in Belgrade, which required the government of the Netherlands to arrest and extradite her to Belgrade. If she had been extradited it would have meant that she would not be allowed to see her soul mate ever again. With the end of the incredible dependency or symbiosis between the two of them, I worried that this broken bond would ultimately result in Milosovic losing the will to live. In that sense the legal officials in the Belgrade courts gave President Slobodan Milosevic a death sentence that his unconscious mind carried out in the form of a heart that simply lost the will to continue beating. In a story that appeared in the L.A. Times on March 18, 2006, datelined The Hague, Vukasin Andric, a Serbian ear doctor who examined Milosevic on November 4, said, “I understood that he was ill by listening to his voice. I heard his voice tremble for the first time in my life when the court told him he could not go to Moscow. And that is when Milosevic felt the beginning of the end and started to be scared for his destiny and his life.” Patrick Barriot, a former French military doctor who examined Milosevic, remarked, “Compounding his sense of isolation was his ‘profound sadness’ over being separated from his wife, who was his high school sweetheart. She could no longer visit him because of a pending arrest warrant issued by Belgrade.” When last I saw Milosevic he looked drawn and pale with deeper lines showing on his face. The stress was showing, and his lack of contact with his wife was taking a toll. Mirjana, their son Marko, and Milsoevic’s brother, today

living in exile in Moscow (the charges against Mirjana were dropped the day after Milosevic’s death), were never to see him again. With the lifeline to his wife permanently cut and his emotional support gone, he received a sentence of death from his unconscious, one he never could have received in any European court. The “Butcher of the Balkans” was dead of a broken heart and finally alone. References Doder, D. & Branson, L. (1999). Milosevic: Portrait of a tyrant. New York: The Free Press. Goodfield, B. A. (1999). Insight and action: The role of the unconscious from personal to international levels. London: University of Westminster Press. Hartmann, F. (1999) Milosevic: La diagonale du fou. Paris: Editions Denoel. Israel, J. & Varkevisser, N. (2003, May 12). Ramsey Clark poses as Milosevic’s attorney and then smears the ‘client’ on nationwide U.S. television. [Television news broadcast]. Reuters/ABCNews.com. Simons, M. & Rosenthal, E. (2006, March 13). Dutch autopsy on Milosevic finds no evidence of unusual drugs. New York Times. About the Author Barry Austin Goodfield, PhD, is a professor, international lecturer, and author. He has advised presidents, prime ministers, and other top leaders on crisis management and conflict resolution and stress reduction. He helped negotiate the Baltic crisis and the conflict between Chechnyan leaders and Presi-

42 THE FORENSIC EXAMINER Summer 2006

dent Yeltsin. He continues to share his methods and train other top professionals who specialize in the nonverbal language of the human mind. He has spent 30-plus years identifying and codifying unconscious signals. His work is based on the only patented psychotherapeutic process, which he developed in the 1970s using advanced video techniques. Dr. Goodfield has helped senior corporate executives, attorneys, ranking international civil servants, and cabinet-level officials on five continents. He has profiled war criminals for law enforcement, prosecution staffs, and international courts. He is a member of the American Psychological Association, a Fellow of the American Board of Forensic Examiners, a Diplomate of the American Board of Forensic Medicine, and a member of the California Association of Marriage and Family Therapy and the American Academy of Experts in Traumatic Stress. During his time as a visiting professor at the Diplomatic Academy of London, University of Westminster, he published Insight and Action: The Role of the Unconscious in Crisis from Personal to International Levels. He has been lecturing for the Foreign Service Program of Oxford University in England. He currently splits his time between his institutes in Europe an France and his professional training duties and clinical practice in Glendale, Arizona. He may be contacted via email at bgoodfield@ aol.com. For more information visit www.goodfieldinstitute.com.

By Leann Long, BS

Grave Evidence of Genocide:

Using Forensic Palynology to Dig Up the Truth Behind the Srebrenica Massacre

n July of 1995, over 8,000 Muslim men, ranging from teenagers to the elderly, were brutally murdered in the Srebrenica massacre, one of the most horrific events in recent history. After their executions the victims were buried in mass graves, only to be dug up and relocated to smaller graves 3 months later in an attempt to conceal evidence that would link the murders to Bosnian-Serb troops. From 1997 to 2002 an intensive forensic investigation involving the exhumation of over 20 mass graves took place in an attempt to link the original burial sites to the various secondary burial sites. One of the main forensic techniques used to link the burial sites and bring justice to this tragedy was palynology, the study of pollen and spores. A Country of Conflict and Controversy Following the fall of the Austro-Hungarian Empire after World War I, the Kingdom of Serbs, Croates, and Slovenes was formed in 1918. In 1929, the country was renamed the Kingdom of Yugoslavia, but it soon fell apart during World War II. After WWII Yugoslavia reunited as a communist state in Eastern Europe under the rule of Josip Broz Tito and consisted of six constituent republics: Bosnia-Herzegovina, Croatia, Macedonia, Montenegro, Serbia, and Slovenia. Yugoslavia maintained peace during the 40 years Tito ruled, but when he died in 1980 following the Cold War, nationalist and separatist ideologies began to arise and disrupt tranquility within the country (Center for Balkan Development [CBD], 1996). Slobodan Milosevic, formerly Serbiaâ&#x20AC;&#x2122;s Communist Party leader, strategically adhered to nationalism and became the ruler of Serbia and the most authoritative dignitary in Yugoslavia by 1989. However, his forceful attempts to take over the federal government of Yugoslavia and unjust decisions he made out of self-interest drove Croatia and Slovenia to seek independence in 1991, and Bosnia-Herzegovina followed in 1992 (CBD, 1996). Slobodan Milosevic

Summer 2006 THE FORENSIC EXAMINER 43

Even though the European community and the United States recognized Bosnia as an independent country, the Muslim, Serb, and Croat groups within Bosnia all began to fight for territory. Although many of the Muslims in Bosnia originally thought the Yugoslav National Army (YNA) would protect them, the fourth largest army in Europe was under the command of Milosevic, whose ultimate goal, at the cost of many non-Serbs’ lives, was to create a Greater Serbia. The YNA launched many vicious attacks against nonSerb citizens in Bosnia with the help of the Republicka Srpska’s (the leading Serb party in Bosnia) Drina Corps (VRS) (CBD, 1996). An ugly war ensued, especially between the Serbs and the Bosnians. Although the international community tried to establish peace in the country, its efforts were ineffective and failed. The UN Security Counsel announced six safe areas in Bosnia designated to be areas free from attack and hostile acts, including Srebrenica, but both the Serbs and the Bosnians violated the agreement shortly after it was established (Wikipedia, 2006). The Serbs Siege “Safe” Srebrenica By July of 1995 thousands of civilians had taken refuge in the city of Srebrenica to escape from Serb attacks in northeastern Bosnia. The refugees were under the protection of only 600 Dutch peacekeeping troops who were running low on all resources, including food, fuel, and medical supplies. The VRS surrounded the city and prohibited Dutch soldiers from entering or leaving for supplies, making hostages out of any soldiers who left the “safe” area of Srebrenica (Wikipedia, 2006). Before long, due to the increasing number of hostages, the number of Dutch troops dwindled to around 400. On July 6, 1995, under the orders of Radovan Karadzic, president of Republika Srpska, the VRS began an offensive attack on Srebrenica by firing mortal shells into the city (Haverford, 2006; Wikipedia, 2006). Muslim fighters were denied access to the weapons they had surrendered to the peacekeepers and were unable

to defend themselves. On July 9, Karadzic issued an order that authorized the VRS troops to capture Srebrenica. Dutch officials requested NATO air support on July 10, but NATO was hesitant. When they finally acknowledged air support was critical, they had communication problems that further delayed Srebrenica’s protection. When planes were finally able to perform air strikes, after dropping only two bombs on VRS forces outside of Srebrenica the VRS threatened to kill their Dutch hostages and attack the refugees in an enclave in Srebrenica with mortar shells. NATO responded by immediately ordering a stop to the air strikes (Danner, 1998a; Haverford). Realizing the UN would not protect them, around 25,000 refugees, mainly consisting of women, children, and elderly men, attempted to escape to the town of Potocari in hopes of seeking protection in a UN compound within the city. A column of 15,000 weak and underfed Muslim men fled toward Tulza, a Bosnian governmentheld territory nearly 40 miles away, leaving behind their wives, daughters, young sons, and elderly fathers. The Serbs were prepared for the Muslim men to flee to Tulza, and were given orders by Radislav Krstic, commander of the VRS, to kill every single person in the column. “You must kill everyone. We don’t need anyone alive” (Danner, 1998b). Even knowing their escape was a futile attempt, the Muslim men felt they had no other choice but to flee. These men would repeatedly fall under VRS attacks, with about only half of them surviving. Many who didn’t die while under the VRS’s offensive shell attacks either killed each other in a panic or were captured and executed later (Danner, 1998b). By the evening of July 11, 1995, Srebrenica was void of a single living Muslim (Haverford, 2006). The VRS quickly moved on to Potocari on July 12 and found 25,000 hungry, overheated, and panicked Muslims. General Ratko Mladic, Karadzic’s chief military commander, demanded the Muslims surrender but promised that no one would be harmed as he handed out candy to starving children. However, late that night, as many of the Serb soldiers celebrated their triumph, they raped Muslim women and killed some of the Muslim

44 THE FORENSIC EXAMINER Summer 2006

boys and men (Danner, 1998a; Haverford). The next day, Bosnian-Serb troops began separating women and children from the remaining older boys and elderly men. Around 23,000 women and children were deported over an estimated period of 30 hours to safe Muslim territories. The remaining males (around 1,700) were held in trucks and warehouses to be supposedly interrogated for war crimes (Danner, 1998b; Gendercide Watch [GW], 2002). The Malicious Massacre of Muslim Men The executions that followed on July 13– 16, 1995, took place in various locations and had various numbers of victims, including men from both the group that was separated from the women and children and the refugees from the column who had been captured (Wikipedia, 2006). A few men from each site managed to survive and provide details of the horrific events they bore witness to (Haverford, 2006). Their accounts, as well as accounts from some of the soldiers who carried out the horrific acts, provide a glimpse into the events of this tragedy. In what was a well-planned succession of events, the victims were transported from building to building and held for long periods of time without food or water before they were finally executed. The VRS troops, out of what can only be understood as boredom and brutality, would often barbarically torture individuals with items such as crowbars, knives, and axes before killing them during trips from one holding site to another or during the nights (Danner, 1998b). Those not physically tormented were nonetheless emotionally tortured as they heard the agonizing wails of others and desperately prayed that their own deaths would be quick and painless. Throughout the entire elaborate plan of “cleansing” the Muslims, the VRS did all they could to keep their prisoners in the dark about what was really happening, repeatedly promising the Muslims that they were working out negotiations with the UN and that they would all soon be free. The Bosnian Serbs

wanted to keep the Muslims’ hopes up to keep them from revolting, something that would have put a damper on their plan (Danner, 1998b). However, the cruel behavior of many of the VRS troops and the horrific events the Muslims witnessed while in the hands of the VRS left many of them with little hope. Some men were killed individually or in small groups, but the majority of the murders took place in mass numbers. The soldiers performed executions by taking the men into fields, lining them up, and shooting them to death. Most of the time the victims were blindfolded and had their hands bound in order to minimize their attempts to resist. Often the soldiers gave the victims a slow and painful death, dragging out their misery for as long as possible before finally taking their lives. In one of the mass murders, between 1,000 and 1,500 men were crammed into a pitch-black warehouse. Soldiers began throwing grenades into the warehouse and shooting their machine guns into the building. Any men who tried to escape from the building were immediately gunned down by the soldiers (Wikipedia, 2006). Other gruesome killing sprees took place at schools. On one occasion, the Muslim men were packed into a school gym so tightly that they could not even sit down without being on top of each other. After sustaining these miserable conditions for 2 nights without any food or water, soldiers began taking smaller groups of men out to a farm and shooting them in their backs, often beating and torturing them before finally executing them (Wikipedia, 2006). What many consider to be the worst of the massacre took place at a soccer field near Nova Kasaba. While at some sites there was grave digging machinery, at the soccer field selected men were forced to dig graves and watch others be shot into those graves. Eventually, these men dug and were

shot into their own graves. When a bulldozer finally did arrive, around 400 men were thrown into a grave and buried alive (Danner, 1998b; GW, 2002). After all was said and done, between the days of July 11–16, 1995, over 8,000 Muslim men were killed in Bosnia.

killed during combat and denied the accusations that a massacre took place. However, on October 29, 1995, reporters from the Christian Science Monitor, during an unauthorized visit, discovered a heap of clothing, shoes, and eyeglasses next to what appeared to be a freshly dug grave in the city of Sahanici. There were no signs that a battle took place, and a few canes as well as a crutch were also discovered—evidence that countered the Bosnian Serbs’ claims that the graves contained Muslim combat casualties (Rohde, 1995). For as long as they could manage, Milosevic, commander of the YNA, and Bosnian-Serb forces would not allow war crime investigators access to any of the mass graves. Without being able to freely investigate the land, U.S. spy planes were able to identify additional possible mass grave sites near Srebrenica. Amongst these sites, reporters from the Christian Science Monitor discovered “human remains, documents from Srebrenica, Muslim identity cards, personal photos with Muslim names on them, [and] civilian clothing” (Rohde, 1995). Finally, almost a year after the massacre, in July of 1996, forensic Attack zones in Bosnia. experts performed exhumations of some of the mass grave sites Cover-up Conspiracy: Concealing the without the permission of Serb authorities Carnage (CNN, 1996a, 1996b). Over the next few Following the massacre, a handful of sur- months, more graves, and consequently vivors from various massacre sites came human remains, were discovered in areas forward and offered their testimonies, de- surrounding Srebrenica. However, much scribing the brutal and horrific murders to the surprise of UN investigators, by Nothey witnessed. vember of 1996, they had found less than After hearing their stories, and based on 10% of the Muslim men who were misssatellite photos taken of a Serb-held area of ing. Each grave contained far fewer bodies Bosnia, on August 10, 1995, the United than expected. With Milosevic successfully States made public charges against Bosnian- denying access to the grave sites for almost Serb forces. One set of photos displayed a a year, it was suspected that the Bosnian soccer field crowded with prisoners; a sec- Serbs had taken the necessary actions ond photo taken days later displayed an to cover up the massacre (Swain, empty field with disturbed earth (Rohde, 1996). 1995). As time drew on, more grave The Bosnian Serbs maintained that the sites were discovered and exgraves were filled with Muslim soldiers humed, and more bodies

Summer 2006 THE FORENSIC EXAMINER 45

were accounted for. Investigators found many bodies in smaller graves in areas farther away from Srebrenica. The Bosnian Serb’s cover-up was slowly being revealed, one grave at a time. The bodies were easily linked to Srebrenica, as several licenses and photographs of Muslims who had been residing in Srebrenica were found in the graves (Haverford, 2006). The Bosnian-Serb war criminals were suspected of trying to hide the massacre by digging up the primary burial sites and relocating the bodies in many smaller graves to make it seem as though the graves contained only the victims of small battles (Wood, 2004). Their findings led investigators to suspect that three types of graves existed: undisturbed primary sites, disturbed primary sites, and secondary sites. The theory was that the primary grave sites were sites where Muslim victims had been buried immediately following their executions in July 1995. Some of these graves had been undisturbed while others displayed signs that bodies had been removed and relocated. The secondary sites were suspected as the burial sites containing bodies that were moved from the disturbed primary grave sites in the fall of 1995 (Haverford, 2006). Even in the large graves with fewer bodies, forensic investigations found significant evidence suggesting that most of the victims were not killed during combat. Hundreds of blindfolds and ligatures were found in the graves and many of the remains displayed evidence of execution-style deaths. Also, prosthetic limbs, canes, and crutches found in the graves suggested that many of the victims were severely handicapped and would not have been able to fight in combat (Haverford, 2006). Although it seemed as though there was plenty of proof that the Bosnian Serbs were responsible for the atrocious massacre, investigators still needed forensic evidence to link the primary grave sites to the secondary grave sites. Such evidence would prove that the primary grave sites were originally mass graves resulting from a massacre and reveal the organized efforts the Bosnian Serbs took to conceal the evidence.

Exhuming the Evidence: Proof Grounded in Soil and Pollen A team from the UN International Criminal Tribunal for the Former Yugoslavia used pollen and soil to help bring justice to the victims of the Srebrenica massacre and their families. From 1997 through 2000, as part of what is believed to be the first war crimes investigation using environmental profiling techniques, the forensic team performed exhumations of primary and secondary mass grave sites to collect and analyze pollen and soil sediments. By analyzing samples from each grave site, investigators were hoping to find conclusive evidence that would link secondary grave sites to primary grave sites. Over 24 different sites were examined with over 240 samples collected and analyzed (Brown, in press). Each of the five primary grave sites examined contained distinctive soil, vegetation, and minerals. The investigations were aimed to find traces of soil, pollen, and minerals at each of the 19 secondary grave sites that matched the primary grave sites, proving that soil and pollen sediments were transferred to the secondary grave sites with the bodies (Brown, 2006). If the BosnianSerbs were telling the truth, all of the geological substances found within a secondary grave would have come from the area around that grave. On the contrary, finding foreign geological substances within the secondary graves and conclusively connecting those substances to one of the primary graves would sink the defense of the Bosnian Serbs (The Science Show, 2004). At each of the grave sites, samples from the grave fills, grave walls, and the country rock and soils surrounding the mass graves were collected and analyzed. The grave-fill samples were taken from areas away from body parts, areas close to body parts, and skeletal cavities (Brown, 2006; Wood, 2004). Vegetation surrounding the grave sites was also noted (Brown). The soil and pollen samples that were collected and analyzed yielded results that provided significant circumstantial evidence linking each secondary grave site to one of the primary sites (Brown, 2006). One example was distinctive wheat pollen found in a secondary burial site that was easily linked to one of the primary burial sites (Wood, 2004). Results even provided

46 THE FORENSIC EXAMINER Summer 2006

a link between an execution site and a primary grave site, as hay and shell casings were found in a grave that did not match its environmental profile but rather matched the environmental profile of one of the reported execution sites (Brown). The evidence provided by soil and pollen samples supported other evidence such as clothing, documents, and shell casings that linked the primary and secondary grave sites. The evidence provided by the grave exhumations, in corroboration with other evidence presented, gave investigators the proof they needed to confirm that the Bosnian Serbs were guilty of a planned massacre. The Trial Chamber I of the International Criminal Tribunal for the former Yugoslavia determined that “following the take-over of Srebrenica in July 1995, thousands of Bosnian Muslim men from Srebrenica were killed in careful and methodical mass executions.” Forensic Palynology: Proof in the Pollen A crucial aspect of linking the burial sites was forensic palynology, or the study of pollen grains and spores to establish links among people, places, and evidence (Dommeien, 2002). Forensic palynology can provide valuable information and evidence in cases but requires the special attention of a forensic palynologist. When analyzing a particular site, forensic palynologists are responsible for knowing the typical production and dispersal patterns of spores and pollen in that area so that they are aware of the types of pollen collections that should be found in samples gathered from each particular location (Bryant & Mildenhall, 1990). In addition to determining if something is in a geographical area in which it doesn’t belong, forensic palynologists are required to reveal why something is out of place and where the foreign substance originated. In order to do this, they need to be familiar with pollen dispersal and productivity. There are four main ways that pollen is dispersed: water transport, self-pollination, insect dispersion, and wind dispersion. Pollen that is dispersed by water usually yields little

forensic evidence, as the pollen of plants depending on water for dispersal usually oxidizes rapidly when removed from water and cannot be accurately tested. Pollen from self-pollinating plants is also rarely used because it is scarce and not often distributed into the atmosphere. However, pollen dispersed by insects and wind is usually plentiful and is often used in forensic investigations. Pollen sinking speed, pollen degradation, and pollen recycling are three additional components of the dispersal patterns of spores and pollen that palynologists have to take into account. Sinking speed considers how the weight of various types of pollen affects how fast the pollen falls to the earth and consequently how large of a dispersion area is typical; degradation analyzes how well different pollen types preserve in sediments; and pollen recycling involves recognizing pollen from older deposits that gets mixed into younger samples. Pollen can be found on or within various sources (Bryant & Mildenhall, 1990; Institute of Geological and Nuclear Sciences Limited [IGNSL], 2005; Van Dommeien, 2002): • Dirt, mud, sand, grit, and/or dust • Clothing and shoes • Hair, fur, feathers, and/or skin • Woven cloth, rugs, carpets, bags, baskets, and ropes • Vehicles, especially air filters, wheels, wheel arches, and mud flaps • Illegal drugs • Certain edible substances, including honey, coffee, sugar, tea, bread, and food supplements • Plants, including fruits and vegetables • Packing materials • Victims and human remains • Imported and exported goods • Antique furniture and paintings • Coins and paper money Collecting and analyzing pollen and spores can help investigators find a crime scene, link suspects to a crime scene, discover information about additional locations involved in a crime, etc. Pollen and spore samples should be collected by palynologists if possible, as it is easy to contaminate samples if they are not properly

handled, thus minimizing their forensic value. Often a palynologist will not be available, so crime scene investigators should make sure that all collection tools are contamination-free, that control samples are not collected from earth deeper than the evidential material could have come from, that materials are stored in clean plastic bags, that no more than 15–30 grams of material are collected, and that all materials are carefully labeled with the collection time and method carefully described (IGNSL, 2005). Although forensic palynology can provide valuable information and evidence in cases, it is rarely used in most countries, New Zealand being the exception. Bryant and Mildenhall identify three major reasons why the use of forensic palynology is limited (1998). First, there are few forensic palynologists available, and even fewer who are willing to work on a forensic case. Individuals are often intimidated and fearful of having to present expert testimony in court, and many would lack the available time it takes to adequately research a case and perform the necessary forensic testing (Bryant & Mildenhall, 1998). Secondly, as mentioned previously, pollen and spore samples can easily be contaminated during the collection process. Forensic palynologists are often wary of taking the time to test samples collected by other people in fear that the samples will not be usable as evidence. In addition, palynologists are often not able to testify in court with certainty that contamination may have occurred before they received the sample (Bryant & Mildenhall, 1998). Finally, many forensic palynologists do not have access to the necessary equipment, time, money, and additional staff. Facilities and the special machinery that is necessary to process pollen samples are often hard to come by. Even if individuals do have access to the necessary equipment, many are not employed by a government agency and will not be able to conduct any testing free of charge. Investigators usually do not have money in their budgets to fund pollen analysis. Additionally, with thousands of potential pollen spores to analyze in some forensic cases, accurate identification of pollen types is often extremely time-con-

suming, and more than one palynologist is often needed to perform the tests (Bryant & Mildenhall, 1998). Even though it is not a widely used method, forensic palynology helped provide valuable evidence to confirm that the Bosnian Serbs carried out a well-planned genocide. Unfortunately, even though the crime of “ethnic cleansing” (i.e., mass murder) has been proved, many who have suffered and continue to suffer feel justice has not yet been served. Getting Away with Genocide Four primary figures emerged as the main conspirators responsible for the Srebrenica massacre: Slobodan Milosevic, the former Yugoslav president; Radovan Karadzic, the former political leader of the Bosnian Serbs; Ratko Mladic, Karadzic’s former chief military commander; and Radislav Krstic, former commander of the Drina Corps. The UN court ruled the Srebrenica massacre a genocide and eventually brought charges against these four individuals, but so far Krstic is the only one who has been convicted. Krstic, the man who was in charge of carrying out many of the mass executions, was officially convicted of genocide by the Trial Chamber I of the International Criminal Tribunal for the former Yugoslavia on August 22, 2001. Presiding Judge Almiro Rodrigues gave Krstic’s sentencing: “. . . You are guilty of the murder of thousands of Bosnian Muslims . . . , whether these be murders committed sporadically in Potocari or murders planned in the form of mass executions. You are guilty of the incredible suffering of the Bosnian Muslims whether these be the ones in Potocari or survivors of the executions. You are guilty of the persecution suffered by the Bosnian Muslims of Srebrenica . . . . you are guilty of having agreed to the plan to conduct mass executions of all the men of fighting age. You are therefore guilty of genocide, General Krstic . . . .” Krstic was sentenced to 46 years in prison, but in April of 2004 his sentence was reduced to 35 years when courts decided he was not directly responsible for carrying out the massacre.

Summer 2006 THE FORENSIC EXAMINER 47

On April 28, 2000, Karadzic, the man who ordered the takeover of Srebrenica and the death of as many Muslim Radovan Karadzic men as possible, was indicted on charges of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions of 1949. However, he disappeared in 2001 after Milosevic was arrested and was still at large at the time this article was written. On October 10, 2002, Mladic, the military leader in charge of the army that killed over 8,000 men, was indicted on charges of genocide, complicity in genocide, crimes against humanity, and violations of the laws or customs of war. He also disappeared after his indictments and was still at large at the time this article was written. Milosevic, who was believed to have helped plan the attacks and executions and provided Karadzic with political, military, financial, and logistical support to make the massacre possible, was arrested on April 1, 2001, for various war and domestic crimes. In reference to the Srebrenica massacre, on November 22, 2002, he was indicted on charges of genocide, crimes against humanity, grave breaches of the Geneva Conventions, and violations of the laws or customs of war. However, on March 11, 2006, just 3 months before his trial was scheduled to end, Milosevic was found dead in his cell. In addition to Krstic, five other men have been convicted of charges in relation to the Srebrenica massacre. Momir Nikolic, Vidoje Blagojevic, Dragan Jokic, Dragan Obrenivic, and Drazen Erdemovic are all serving prison terms ranging from 5 to 18 years. On April 4, 2006, six former Bosnian Serb officers pled not guilty to charges of homicide. The presiding judge, Judge Carmel Aguis, plans to start their combined trial in August 2006. Two other former Bosnian Serb officers have not been charged with genocide, but have been charged with crimes against humanity and violations of the laws or customs of wars

including murder, persecution, forcible transfer, and deportation. More Sorrow to Come Over 8,000 Muslim men died during the Srebrenica massacre, and so far, only six men have been convicted. Thousands of young men had their lives stripped away from them; thousands of women were left to mourn the deaths of their sons, husbands, brothers, and fathers; and thousands of children were left fatherless. Yet, to the disbelief of many grieving survivors, a miniscule number of those responsible have been punished by merely losing a few years of their freedom. “They killed my entire life and the only thing I want now is to see the guilty ones pay for it,” a Muslim woman said between sobs as she stood next to her son’s coffin during a remembrance ceremony. Her husband and 16-year-old brother have not been found (Associated Press, 2005). Justice may have not yet been served, but the victims of the 1995 Srebrenica massacre have not been forgotten. On July 11, 2005, the 10th anniversary of the tragedy, about 50,000 people attended a ceremony to honor and remember the loved ones they lost in the massacre. The ceremony consisted of a religious service, prayer, and the reburial of 610 victims who had recently been identified. The horrific tragedy that took place in Srebrenica will lay heavy on the hearts of Bosnian Muslims and the world community far into the future. Hajrija Mujic, who lost her father and husband, daily shares that reality with friends and family (SitoSucic & Reuters, 2005). “Our pain continues. Every year we come to bury someone else.”

References

Associated Press. (2005). Thousands of survivors mark the 10th anniversary of 1995 Srebrenica massacre. Beliefnet. Retrieved April 6, 2006, from http://www.beliefnet.com/ story/170/story_17058_1.html Brown, A. G. (in press). The use of forensic botany and geology in war crimes in NE Bosnia. Forensic Science International. Bryant, V. M. Jr., & Mildenhall, D. C. (1990). Forensic palynology in the United States. Crime and Clues: The Art of Science of Criminal Investigation. Retrieved March 8, 2006, from http://www.crimeandclues.com/palynologyus.htm Bryant, V. M. Jr., & Midlenhall, D. C. (1998). Forensic palynology: A new way to catch crooks. Crime and Clues: The Art of Science of Criminal Investigation. Retrieved March 8, 2006, from http://www. crimeandclues.com/pollen.htm

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Center for Balkan Development. (1996). History of the war in Bosnia. Retrieved March 9, 2006, from http:// www.friendsofbosnia.org/edu_bos.html CNN (1996, July 5). Bosnian bodies recovered, despite Serb obstruction. Retrieved April 3, 2006, from www.cnn.com CNN (1996, July 9). Bodies uncovered at mass graves in Bosnia. Retrieved April 3, 2006, from www.cnn.com Danner, M. (1998a). Bosnia: The great betrayal. The New York Review of Books, 45(5). Danner, M. (1998b). In the killing fields of Bosnia. The New York Review of Books, 45(14). Gendercide Watch. (2002). Case study: The Srebrenica massacre, July 1995. Retrieved March 9, 2006, from http:// www.gendercide.org/case_srebrenica.html Harverford. (2006). In the trial chamber: Prosecutor v. Radislav Krstic: Judgement. Retrieved March 28, 2006, from http://www.haverford.edu/relg/sells/indictments/ KrsticConviction_files/krs-tj010802e-1.htm Institute of Geological and Nuclear Science Limited. (2005). Forensic services. Retrieved March 8, 2006, from http://www.gns.cri.nz/servies/apleo/forensic.html Morris, N. (2005) Over 19,000 believed to have been involved in the Serbian massacre at Srebrenica in 1995, top police and government officials implicated. New Criminologist [Online edition]. Retrieved March 9, 2006, from http:// www.newcriminologist.co.uk/news.asp?id=2065925714 Rickard, P. (Producer). (2004, October 30). The science show [Radio Broadcast]. Sydney, NSW: Australian Broadcasting Corporation. Retrieved March 8, 2006, from http:// www.abc.net.au/rn/science/ss/stories/s1227029.htm Rohde, D. (1995a, August 18). Evidence indicates Bosnia massacre. The Christian Science Monitor. Retrieved April 3, 2006, from http://www.pulitzer.org/year/1996/ international-reporting/works/ROHDE-AUG18.html Rohde, D. (1995b, November 16). Graves found that confirm Bosnia massacre. The Christian Science Monitor. Retrieved April 3, 2006, from http://www.pulitzer. org/year/1996/international-reporting/works/ROHDENOV16.html Sito-Sucic, D., & Reuters, M. Z. (2005, July 12). Srebrenica recalled with grief and shame: World let Bosnians down, leaders say at anniversary of massacre. Washingtonpost.com. Retrieved April 6, 2006, from http://www. washingtonpost.com/wp-dyn/content/article/2005/07/11/ AR2005071101439.html Swain, J. (1996, Nov. 3). Empty Bosnian graves baffle UN. The Sunday Times. Van Dommeien, J. (2002). Palynology. Forensic Botany. Retrieved March 8, 2006, from http://myweb.dal.ca/ jvandomm/forensicbotany/palynology.html Wikipedia. (2006). Srebrenica massacre. Retrieved March 9, 2006, from http://en.wikipedia.org/wiki/ Srebrenica_massacre Wood, P. (2004). Pollen helps war crime forensics. BBC News. Retrieved March 8, 2006, from http://news.bbc. co.uk/1/hi/sci/tech/3640788.stm

About the Author Leann Long, BS, is the assistant editor of The Forensic Examiner®. A special thanks to Professor Tony Brown, a member of the mortuary team that performed the grave exhumations in Bosnia, for providing his manuscript (currently in press) about the exhumations as a valuable resource for this article.

By Katherine Ramsland, PhD, CMI-V

François Eugéne Vidocq: WORLD’S FIRST UNDERCOVER DETECTIVE

hen a gang of Parisian criminals wondered who among them was the informant that had lately triggered an increase in arrests, no one sus-

pected the sailor with the month’s growth of beard, the red-headed pirate, or even the scar-faced, dark-haired Gypsy. Yet they were wrong on all counts. Each of these supposed thieves or grifters was in fact a single person: François Eugène Vidocq, a master of disguise and the very informant they sought to flush out. Supposedly he even accompanied a group of assassins who planned to ambush and kill Vidocq. When the target failed to show up, the group groused over their lost opportunity, entirely unaware that the one who complained the loudest was Vidocq himself.

While this story may be one of the many myths surrounding Vidocq in his time (due in part to his own efforts to blur the details of his life), such Francois Eugene Vidocq was the success of his series of disguises. He not only changed the color of his hair and the outfits he might wear—including becoming a woman—but he also advocated that to be successful at duping others, one must become fully immersed in the character one adopts. Supposedly, he once summed up for the author Honoré de Balzac the secret to passing as someone else: “Observe what you would become, then act accordingly and you will be transformed.” Vidocq’s favorite personas were “Jean-Louis,” a 60year-old “fence” who paid high prices and spoke like a Breton, and “Jules,” a bearded burglar who preferred physical force and was frequently seen with his blond mistress (another informant). It’s an irony that Vidocq became the world’s first undercover detective, created the first detective bureau, and innovated a number of techniques for forensic investigation because he was also a former criminal. Yet he would insist that his prison experience gave him advantages that made him successful at law enforcement. An examination of his life proves that he was a resourceful visionary who learned to use a chaotic politico-legal system to achieve his ends. According to his memoir, his primary functions were “to prevent crimes, to discover malefactors, and to give them up to justice.” He did that and more, seemingly better than any man in Europe during his time. Born in Arras, France, on July 23, 1775, Vidocq was the son of a baker, but from a young age he sought out adventure. Toward that end he ran away several times, including an attempt to reach America. However, before he could board a ship, a clever prostitute robbed him, leaving him without the means to go anywhere, so he sullenly returned home. He took out his frustration in swordplay, and one day killed a man in a duel. As punishment, he received a choice: go to prison or join the military. King Louis XVI and Queen Marie Antoinette were

Summer 2006 THE FORENSIC EXAMINER 49

in need of men to help resist the movement for a new republic, so Vidocq served in the Bourbon Regiment. But he could not keep himself out of trouble. On leave in 1794, after Louis and his queen had both lost their heads on the guillotine, Vidocq interrupted an execution and was arrested. A high-placed official intervened on his behalf, but Vidocq became too familiar with the man’s daughter and found himself married and running a grocery store. This was hardly to the liking of a self-styled adventurer in the last breath of his adolescence, so when the girl proved unfaithful he jumped back on his career path. In Brussels, he posed as a military officer and became a successful card shark before being arrested for supposed desertion. He escaped and returned to Paris, where he made a violent scene when he found his mistress with another man. As a result he was promptly arrested and received a 3month sentence. During his first actual prison stint, Vidocq performed an act of kindness that was to change his life, for both the worse and the better. He met a farmer serving 6 years for stealing grain to feed his family. Taking pity on the man, Vidocq forged a pardon for him. When prison officials discovered the deception, they slapped Vidocq with a harsh sentence of 8 years. Refusing to capitulate, he escaped, was caught, and escaped again. He seemed to always find ways to charm or elude officials, but eventually he would make a mistake and end up back in prison. At one point his reputation for breaking out was so great among the jailers that they forbade him from even leaving his cell. To their surprise, he managed to rig a disguise that got him past them. Yet for all his escapes, he kept getting caught, and his sentences increased in severity until he was ultimately sent for life to a prison so brutal that many men buckled and died. While Vidocq was busy, Napoleon Bonaparte had taken charge of the army and declared himself the master of France. He instituted a new code of laws, expanded the empire, and granted the citizens greater personal freedom. In 1804, he crowned himself Emperor. Invading other countries with flourish, Napoleon made Paris the capital of Europe and rebuilt it into a magnificent new city of monuments and boulevards. Yet these improvements also at-

tracted criminals, and since the police force focused largely on political subversives, the crime rate for theft, forgery, and murder climbed. In another part of France, Vidocq was still attempting to regain his freedom, but this time by appealing to reason. While romantic stories abound as to how he eventually managed to join law enforcement, the truth appears to be more mundane. Still, one tale has become so firmly a part of his legend that it would be remiss not to tell it. Supposedly, Vidocq asked the Prefecture of Police (the specific official and city change with different authors) for the chance to prove his desire to go straight by becoming an informer on the criminal element. He knew these people, he pointed out, so who better to go among them to learn their secrets? The Prefecture said he had no choice but to send Vidocq to prison (because he had not served out his sentence), so Vidocq posed a deal: if he should succeed in escaping and returning to the Prefecture’s office, that would sufficiently prove his sincerity. That scenario seemed too improbable for the Prefecture so he agreed, and then added extra guards to escort Vidocq to prison. However, Vidocq was soon back in his office, ready to begin his new occupation. In a less imaginative account, Vidocq explained his plight to the head of the Lyons police, Jean-Pierre Dubois. For one small crime, he said, he was in prison for life. Dubois looked into it and realized that Vidocq was actually guilty of only a minor misdeed that had been committed based on pity, so Dubois was the one who offered the deal to become a police informer. Grateful to be free of prison, Vidocq accepted. No matter which tale is true, Vidocq eventually went among criminals who knew him as one of them, learned what he could about planned criminal activities, and duly reported them to Dubois. Vidocq succeeded quite well, and the arrest rate improved, yet the criminals could not figure out how the police knew so much. Eventually Vidocq moved to Paris with his mother and mistress, and in 1809 continued his activities as an informant for the Criminal Division of the Prefecture of Police. How that came about presents yet another mythical narrative. It seems that the Empress Josephine discovered that a priceless emerald necklace,

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a gift from her husband, was missing. Napoleon ordered his director of police to spare no effort to find the necklace. However, the police had no training in looking for thieves and no network of informants, so they did not know what to do. Vidocq stepped in, donning a disguise to enter the taverns where rogues gathered so he could acquire information about such a theft. Within three days, so the legend goes, Vidocq managed to locate the necklace and deliver it safely as well as bring the thief to justice. That gained him an audience with Napoleon, who wanted Vidocq to continue his work as an undercover informant. In whatever manner he actually achieved his new occupation, underground he went. Officials “sent” him to La Force prison, where he mingled among the prisoners, making reports twice a week about what new criminal activities to expect on the streets. He even solved some murders by listening to the convicts brag about their deeds. One of his first tasks was to get evidence against Coco, a notorious burglar who had stolen from a police official and who would shortly be up for trial. Vidocq ingratiated himself with the man, learned that the police had failed to question the only witness, and delivered the name of that person. To Coco’s surprise, he was convicted. After nearly 2 years, Vidocq, who wanted a street assignment, was taken out of prison in irons and managed to “escape.” He merged into the Parisian underworld, a hero among the criminal element for his ability to defy the authorities. Because these men believed that Vidocq had actually escaped, he won their respect and their confidence, which he had no trouble betraying. He was responsible for hundreds of arrests. Vidocq’s growing success eventually won him an audience with officials, to whom he proposed forming a bureau of undercover informants like himself. They would be plainclothes agents who could move freely across the city’s many jurisdictions rather than being “turfed” like the gendarmes (armed police) in specific districts. It seemed like a good plan, so he received permission to start with four men. They worked out of a three-story building in which Vidocq could store his innovative card files and police reports. The squad eventually expanded to 8, then 12, including a few women. In October 1812, Napoleon signed a decree

that made Vidocq’s Brigade de la Sûreté into a national security force. (Just in time, as the Emperor met a stunning defeat 2 years later and was soon in exile.) Thus, Vidocq created the world’s first undercover detective organization. The Sûreté brought respect to law enforcement in Paris, and branches were soon established in nearby towns. As per Vidocq’s philosophy that a good job can transform a criminal, the agents all had criminal records and only Vidocq knew their identities, which annoyed the uniformed police. Despite doubts from officials about trusting these former cons, they quickly proved themselves, making Vidocq proud. Teaching his associates that “observation is the first rule of investigation,” Vidocq devised a system of clever techniques for acquiring information. By this time, the criminal underground had caught on to who he was, making it harder for him to move among them, so he used another tactic: he exaggerated his reputation for getting men to talk as a way to pressure suspects into confessing. What they perceived about him, he knew, could be used to his advantage. He also offered a form of plea-bargaining, so he gained a reputation for being fair. Yet he was not above using tricks. When he went to search a location, he might tell a suspect that he was being investigated for a different crime than the one for which he was suspected. That person, knowing he was innocent of that offense, would allow Vidocq to search his rooms, and Vidocq would then look for evidence of the actual crime. (Back then no one worried about a criminal’s rights.) Vidocq’s focus on a systematic approach to crime helped him develop some of the forensic techniques in use today, such as keeping detailed written records, comparing spent bullets to weapons, preserving footprint impressions with plaster of paris, comparing samples of handwriting to forged notes, and suggesting that fingerprints might be a form of identification. Vidocq also worked with area chemists to create forge-proof paper and indelible ink, and he took out patents on both. In 1833 when he was 58, thanks to politics among petty officials, Vidocq submitted his resignation from the Sureté, but he was not ready to retire altogether. Early the following year, he established another first: Le

Bureau des Renseignements, the world’s first private detective agency. (Alan Pinkerton was inspired to start a similar agency in Chicago in 1850.) Given his reputation across Europe by that time, Vidocq had no trouble attracting clients who wished to locate confidence men who had stolen their money. His agency took on more personnel, using the methods and tools he had already perfected, and he remained active until he was 80 years old, finally dying 2 weeks after a stroke just short of his 82nd birthday. Despite the resistance among established law enforcement to Vidocq’s new ways, he made such an impression and was so successful that he inspired many crime novelists—and thus, became the archetype of the forensic sleuth. Throughout his life his exploits were legendary, and when he submitted his memoir to a publisher a ghostwriter beefed it up into a best-selling sensation—albeit a largely exaggerated and untrue one—in 1828. Vidocq was unhappy with it, but he did not seem to mind how his literary friends used his life and exploits. He was the role model for Balzac’s clever Vautrin, and he inspired characters in novels by Victor Hugo and Alexandre Dumas. All three authors were Vidocq’s frequent dinner companions, as were prominent literary critics, social reformers, and poets of his day. Several stage plays in England, where Vidocq was highly regarded, were based on his memoir. Vidocq even penned a few novels himself (or allowed his name to be used), thereby giving the world yet another innovation, the first detective story (beating Edgar Allan Poe by a few years). One of them, Les Voleurs (The Thieves), laid out the Parisian underworld in the way that Vidocq had seen it for so many years. In addition, Vidocq’s exploits inspired the modern-day Vidocq Society, a group of experienced forensic professionals who regularly use their collective wit to brainstorm on past unsolved homicides. Founded by William Fleisher (a former FBI Special Agent), Frank Bender (a forensic sculptor), and Richard Walter (a forensic psychologist), the Philadelphia-based organization now has representatives across the country and internationally. They meet monthly, and while dining in a refined, wood-paneled atmosphere that Vidocq would admire, they listen to invited guests present the gruesome

details of a case, offering suggestions about new leads or techniques. For example, in the decade-old stabbing death of a fast food restaurant night manager, someone asked whether the knife handle had been checked for DNA. The answer was no, since at the time the technology had been expensive. Now they could revisit that possibility. Another case resulted in the linking of a double homicide with two other murders and a conviction in all four. The Society caps full membership at 82 people at any given time because that number represents the years of Vidocq’s life. According to their website, around 150 men and woman so far have worn the unique red, white, and blue Vidocq Society rosette, but forensic professionals with something to offer can achieve associate membership and offer ideas and support. While the Society has no law enforcement authority, the impressive array of expertise in this group (from U.S. marshals, to former members of the FBI behavioral science unit, to attorney generals) grants them the force of perspective and experience. Their suggestions have assisted many investigators to further a case, preserving Vidocq’s legacy, not just in fiction and colorful stories but also in actual justice done.

Sources Edwards, S. (1977). The Vidocq dossier: The story of the world’s first detective. Boston: Houghton Mifflin Co. Hodgetts, E. A. (1928). Vidocq: A master of crime. London: Selwyn & Blount. Vidocq, F. E. (1859). Memoirs of Vidocq: Master of crime. Philadelphia: T. B.Peterson, translated. The Vidocq Society website. Available: www. vidocq.org

About the Author Katherine Ramsland, PhD, CMIV, has published 25 books including The Human Predator: A Historical Chronicle of Serial Murder and Forensic Investigation. Dr. Ramsland is an assistant professor of forensic psychology at DeSales University in Pennsylvania. She is a Certified Medical Investigator (CMI-V) and has been a member of the American College of Forensic Examiners since 1998.

Summer 2006 THE FORENSIC EXAMINER 51

Diagnosis: DEATH

ying in a hospital bed before surgery is far from an enjoyable experience. Even if you are just undergoing a routine surgery and repeatedly reassure yourself that you’ll recover and go home in a day or so, as you wait for your

anesthesia, in the back of your mind you cannot dispel your fear that something will go wrong. But there is no reason to be afraid; doctors always take good care of their patients. Right? Actually, every once in a while a doctor comes along and murders patient, after patient, after patient.

These doctors represent isolated cases, but taken together, they comprise a group of serial killers that has become known as the angels of death. The original “Angel of Death” was Dr. Josef Mengele, a doctor who performed atrocious operations and experiments on people, especially children, in concentration camps during the Holocaust. His deeds included freezing people to death and castration (Angel of Death, n.d.). Dr. Harold Shipman and Dr. Michael Swango are two doctors who, in more recent history, have committed multiple horrifying murders. Just the number of deaths is disturbing; Shipman is responsible for at least 250 murders (Stark, 2005), while estimates for Swango range from 35 to 60

deaths (Stewart, 1998). How these murders, with a significant amount of warning signs, went undetected for so long is incomprehensible.

Dr. Harold Shipman—Don’t Board His Ship In 1998 Shipman, with his own medical practice in Hyde, England, and more than 3,000 patients, was a respected general practitioner — until, that is, his arrest for the murder of Kathleen Grundy. Grundy’s death was the one that pointed to many murders (Profile of a Killer Doctor, 2003). Shipman was the last person to be with her and signed her death certificate, just as he had done for many of his victims before her (Wikipedia, 2006).

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Grundy’s daughter, Angela Woodruff, found a new will supposedly made by her mother that left Grundy’s entire estate of £386,000 ($690,747 USD) to Shipman. Confused, Woodruff went to the police, who began an investigation (Wikipedia, 2006). Her mother’s death had been unexpected. Even though Grundy had been 81 at the time, Woodruff described her mom as lively and noted that her mom had been looking forward to taking a trip to Derby (The Death That Led Shipman to the Dock, 2000). Police soon discovered that Shipman had forged Grundy’s will and found the typewriter he used. Testimony at his trial later revealed that Shipman had gone to Grundy’s house to take a blood sample but

By Laura Kirsch, JD, MA

instead injected her with a lethal dose of diamorphine (The Death That Led Shipman to the Dock, 2000). Between 1975 and 1998, Shipman killed an estimated 250 people, and a total of 459 people died while under his care. Many of his victims were similar to Grundy, elderly women who were in good health (Wikipedia, 2006). More than 20 years passed after the first killing before the world would learn about the murders that occurred almost right in front of the town’s eyes.

Don’t Tango With Dr. Michael Swango Although Shipman was able to fly under the radar for years before being arrested, Swango was not quite so secretive, and his career was marked by numerous encounters with the law. Each time he was caught in one city, Swango would leave and find another hospital in a different town to hire him. His July 2000 grand jury indictment lists Swango’s evil deeds from the 1980s to June 1997. His indictment states, “Swango engaged in a scheme to obtain and maintain employment as a physician at hospitals in the United States and abroad under fraudulent pretenses” and that he “murdered,

attempted to murder, and assaulted various patients entrusted to his care” (United States v. Michael J. Swango). The details range from giving patients injections that would cause their death to putting ant poison on food he gave to his co-workers (United States v. Michael J. Swango). A patient who survived foul play by Swango described seeing Swango enter his hospital room to give him an injection. Moments later, the patient could feel his body slowly grow numb, and he blacked out. The patient, not sure how much time had passed, realized he was alive but could not see anything or move. After he regained his vision, body movement, and finally his voice, he told a nurse that Swango had given him an injection, which Swango coolly denied (Stewart, 1999). Other patients were not so lucky to escape alive.

Murder on the Mind How these professionals could kill so many times before receiving severe punishment and what drove them to kill repeatedly is difficult to answer but could potentially prevent future deaths. Possible motives include desire for attention, control, or money (Ramsland, 2006).

After Shipman’s arrest, one goal of the inquiry into his murders was to determine his motivation. Despite having four psychiatrists as advisors, the inquiry did not clearly establish a motivation. Observations have been made that he chose to have a private practice, most likely to lessen scrutiny into his behavior, and that he killed people whose deaths were believable if not expected (Stark, 2005). Anger management problems, a fascination with death, and a disdain for others possibly caused him to kill. Also, the death of Shipman’s mother when he was a teenager could have led to emotional instability (Stark). Shipman’s behavior at the end of his murder career relates to that of other serial killers with its cycle of loss, shorter time between murders, mistakes that could lead to arrest, and complete distress when the evidence becomes inescapable (Stark, 2005). A psychological profile of Swango has not yet been completed, but certain traits have been noted, including narcissistic tendencies. However, no one has been able to explain the complete psychopathic picture (Geringer, n.d.).

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Warning: Angel of Death Ahead Many warning signs existed in both cases but were largely ignored, allowing the doctors to get away with murder for several years. It seems unfathomable that neither were caught earlier, but the facts now provide a clearer picture than the bits and pieces of information that were available during the times of the killings. Swango’s behavior does not appear to have ever been normal during his medical career. His medical school classmates and instructors noticed that he was different. For example, he would drop and do a series of pushups in anatomy class every time he made a mistake (Geringer, n.d.). After graduating from Southern Illinois University’s medical school, Swango’s letter from the dean, which each student received after graduating, declared that Swango was, at the very least, inept. Yet, the competitive internship program at Ohio State University Medical Center offered him a year-long position (Geringer, n.d.). While at Ohio State, Swango’s bedside manner further aroused suspicions. One doctor even noted in his files that Swango seemed overly interested in Nazi history and the Jewish genocide (Geringer, n.d.). After a death at the hospital, doctors suspected that Swango might have had some involvement. Three doctors asked him if he had given the patient any injections, and his answer to each was always no, yet with a different reason (Stewart, 1998). Also, a nurse had saved the syringe that had been found after the patient’s respiratory failure. After 6 months without anyone collecting it, the nurse threw it away. A cursory hospital inquiry recommended that Swango return to work immediately but with more supervision (Stewart, 1998). Although employees at Ohio State were suspicious of Swango, no one pressed the matter for fear of the bad publicity it could generate or the money it could cost the school in legal fees (Geringer, n.d.). Had the syringe been saved or had the doctors acted more purposefully on their suspicions, then perhaps Swango would’ve been caught earlier. Just like Swango, Shipman had had problems with the law in the past, but his offenses were not as serious and occurred with less frequency. The first offense was in 1975 when he was caught forging pre-

scriptions for a drug called pethidine that he abused (Profile of a Killer Doctor, 2000). Because he agreed to go to a treatment facility for his addiction, his punishment was only a fine and the loss of his job. Some speculate that his immediate acceptance of treatment allowed him to avoid a deeper investigation into his behavior (Profile of a Killer Doctor).

Prompting Preventative Precautions Both cases have led hospitals to reevaluate how they monitor their employees. The inquiry into Shipman led authorities in England to look at statistics for doctors to make sure others were not behaving as Shipman did (Mohammed et al., 2004). Several doctors were found to have abnormally high patient death rates, but further investigation found reasonable explanations (Mohammed et al.). Soon after authorities caught Swango, and quite possibly as a reaction to his case, the Federation of State Medical Boards recommended new guidelines for state medical boards to be more vigilant watching over postgraduate training programs, specifically asking that residents register for a 1-year permit with their local state medical board that would have to be reapplied for annually for 3 years (Knapp, 1998). The state would perform a full background check before issuing a permit. Program directors would report all disciplinary problems, even the ones for which residents had successfully completed probation (Knapp). Critics called the recommendations too burdensome for program directors and said that the Swango case was too rare to require sweeping changes in procedure (Knapp, 1998). Doctors are in a unique position to improve and impact their patients’ lives. Yet, doctors are human and have decidedly human weaknesses that can get in the way of or even change their goals of helping patients. Although definite answers remain elusive, care should be taken to prevent future cases. Update Shipman committed suicide in 2004 by hanging himself with his bed sheets while serving multiple life terms in prison. Swango was sentenced to life in prison without parole.

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References Angel of death, Josef Mengele. (n.d.). Retrieved March 31, 2006, from http://www.auschwitz.dk/ Mengele.htm The death that led Shipman to the dock. (2000, Jan. 31). BBC News. Retrieved March 31, 2006, from http://news.bbc.co.uk/1/hi/in_depth/ uk/2000/the_shipman_murders/the_shipman_ files/609972.stm Geringer, J. (n.d.). Michael Swango. The Crime Library. Retrieved March 31, 2006, from http://www.crimelibrary.com/serial_killers/weird/ swango/swango_2.html Knapp, J. (1998, Oct.). New rules for regulating residents? ACP-ASIM Observer [Online]. Available: http://www.acponline.org/journals/news/ oct98/newrules.htm Mohammed, M. A., Rathbone, A., Myers, P., Patel, D., Onions, H., & Stevens, A. (2004). An investigation into general practitioners associated with high patient mortality flagged up through the shipman inquiry: Retrospective analysis of routine data. BMJ [Online]. Available: http://www.pubmedcentral.nih.gov/articlerender. fcgi?artid=42851874-1477 Profile of a killer doctor. (2000, Jan. 31). BBC News. Retrieved March 31, 2006, from http:// news.bbc.co.uk/1/low/in_depth/uk/2000/the_ shipman_murders/the_shipman_files/611013. stm Ramsland, K. (n.d.). Angels of death: the doctors. The Crime Library. Retrieved March, 31, 2006, from http://www.crimelibrary.com/serial_ killers/weird/doctors/index_1.html Stark, C. (2005). To kill and kill again— Dr. Shipman. BMJ [Online]. Available: http://bmj.bmjjournals.com/cgi/content/ full/330/7490/544-a/DC1 Stewart, J. B. (1999). Blind Eye (pp.17–19). New York: Simon & Schuster. Stewart, J. B. (1998, March). Professional courtesy. The Park Ridge Center Bulletin [Online]. Available: http://www.parkridgecenter.org/ Page146.html United States v. Michael J. Swango, No. 99R00496 (U.S. filed July 11, 2000). Wikipedia.com. (2006). Harold Shipman. Retrieved March 31, 2006, from http://en.wikipedia. org/wiki/Harold_Shipman

About the Author Laura Kirsch, MA, JD, is a staff writer for The Forensic Examiner®.

Deserving of

FREEDOM By Megan Augustine

n America’s justice system, individuals are presumed “innocent until proven guilty.” But what is the definition of guilty in this sense? Who defines guilty? The twelve jurors? The judge? When the individual is found guilty by a jury of his or her peers, what is “a reasonable doubt”? Who can honestly say with 100% certainty that another individual is guilty of a crime? The answer is no one. No one but the guilty individual holds the truth (and at times this is not even the case due to insanity, amnesia, etc.). As a result, it is possible for an innocent individual to be found guilty of a crime he or she did not commit. In the meantime, the guilty perpetrator is off the hook, knowing another individual is behind bars for his or her crime. This is not justice. American’s justice system has taken numbers of guilty individuals off the streets; unfortunately, a number of innocent individuals (even though a much smaller number) have been wrongly convicted, stripped of the freedoms they deserve.

Enter the Innocence Project Loosely defined, an innocence project is a group of individuals who are dedicated to the use of post-conviction DNA-testing to exonerate innocent people who have been convicted of crimes they did not commit. The largest and most wellknown project is that of “The Innocence Project,” co-founded by Barry Scheck and Peter Neufeld. In 1992, the two civil rights attorneys established this non-profit legal clinic at the Benjamin N. Cardozo School of Law. Together their team of students, attorneys, and clinic staff take on cases where post-conviction DNA evidence can yield undeniable proof of innocence. The Innocence Project has opened new doors for its clients, who range in socioeconomic status and represent all ages, ethnicities, and races. This project also helped

form the Innocence Network, a group of law schools, journalism schools, and public defenders’ offices that work to assist individuals who are trying to prove their innocence (whether DNA evidence can aid in their exoneration). The Innocence Project describes its mission as the following: • Achieve the exoneration and release of factually innocent inmates through postconviction DNA testing. • Create a network of schools, organizations, and citizens that will effectively address claims of actual innocence. • Document and study the causes of wrongful convictions. • Suggest and implement policies, practices, and legislation that will prevent wrongful convictions. • Train and educate future attorneys and advocates.

• Provide information and educational opportunities for the public. One key component to The Innocence Project is the study of the causes of wrongful convictions. The Project works to identify why innocent people are convicted of crimes in hopes that the research can be used to prevent such future convictions. Barry Scheck has stated that mistaken eyewitness identification is likely the greatest cause of wrongful conviction. In fact, 60 of the first 82 DNA exonerations involved cases of mistaken eyewitness identification. Other contributors to wrongful convictions include misconduct on the part of the police or prosecutor in a case, fraudulent forensic science, an inadequate or incompetent defense lawyer, use of a jailhouse informant or snitch, and false confessions.

Summer 2006 THE FORENSIC EXAMINER 55

Barry Scheck will be speaking about The Innocence Project at ACFEI’s National Conference in Orlando, Florida. DATE: September 22, 2006 TIME: 8:30 a.m. LOCATION: Buena Vista Palace in the WALT DISNEY WORLD® Resort

Meet Barry Scheck is most well-known for his role as the DNA expert on O.J. Simpson’s “Dream Team.” In his post-trial memoir, Journey to Justice, fellow defense attorney on the case Johnnie Cochran calls Scheck “smart, tough, and honest” and calls his work on the trial “the most brilliant courtroom performance I have ever witnessed.” Shortly after the Simpson trial, Scheck returned to the public eye as the defense attorney in the Louise Woodward “Nanny Murder” case. He has also served as counsel in other high-profile cases, including the Abner Louima sexual assault case and the Oklahoma City bombing case. He has also provided expert assistance to law enforcement officials investigating unsolved crimes, including the JonBenet Ramsey murder. However, it is quite obvious that Scheck does not do it for the fame. His true passion is protecting constitutional rights and freeing the wrongfully convicted. Scheck was born in Queens in 1949 and attended Yale in the 1960s. He received his bachelor’s degree from Yale and his law degree from UC Berkeley. After graduation, he became a legal-aid lawyer in the Bronx and later joined the staff at Yeshiva University’s Benjamin N. Cardozo School of Law in Manhattan. It was here that he met fellow law professor Peter Neufeld . . . and the rest is history. Let Freedom Ring To date The Innocence Project has exonerated 175 innocent individuals, 14 of whom had been on death row. Below, meet just a few of the innocent individuals who have

regained the freedom they deserve due to the work of The Innocence Project. Luis Diaz More than 25 women fell victim to sexual assaults or attempted sexual assaults between 1977 and 1979 while driving in the Bird Road-U.S. 1 area of Coral Gables, Florida. The rapist would typically flash his headlights and signal for the woman to pull over. When she did, he would rape her at gunpoint. Luis Diaz was arrested after a victim spotted him at a gas station 4 days after her attack. Shortly after the attack, she provided police with a description of the rapist: Latin male, approximately 6-feet tall and 200 pounds, fluent in English. In contrast, Diaz stood only 5-foot 3-inches, weighed approximately 130 pounds, and spoke little to no English. Additionally, he worked as a fry cook and always smelled heavily of onions. Not one victim made note of an unusual odor. Police relied on eyewitness identifications to build their case against Diaz, as eight victims identified him as their attacker. Despite the lack of physical evidence, in May 1980, Diaz went to trial. He was acquitted of one charge and found guilty of the remaining seven. Diaz was convicted of kidnapping, sexual battery, and aggravated assault and was sentenced to multiple life sentences. Thirteen years later, in 1993, two victims recanted their identifications of Diaz (their convictions were thrown out). However, Diaz remained behind bars on the other five counts. The Florida Innocence Initiative took notice of the Diaz case after receiving a let-

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ter from Diaz’s son in 2003. Working together with attorneys from The Innocence Project and Holland & Knight, a corporate law firm in Florida, the team filed a post-conviction motion for DNA testing in September of 2003. The prosecution consented. In June 2005, DNA evidence gathered from two of the rape victims conclusively excluded Diaz as the attacker. This new evidence cast doubt on his guilt in the remaining three cases, and on August 3, 2005, after 26 years in prison, Luis Diaz walked free. The true perpetrator has not yet been found. Calvin Willis In June 1981, an intruder entered a home in Shreveport, Louisiana, and attacked a 10-year-old victim. Two other girls (ages 7 and 9) slept in the room where the attack began. The attacker choked the victim, but she was able to escape and ran into the front yard of the house. The attacker caught up to her there and beat her until she lost consciousness. Interviews with the two young eyewitnesses, the victim’s mother, and a neighbor led police to suspect Calvin Willis in the brutal attack. The suspect in the crime was identified as wearing cowboy boots and a cowboy hat, something that was common for Willis, and the 7-year-old witness identified Willis’ voice as the attacker’s. Willis had also previously been to the victim’s home and was familiar with the neighborhood, as he used to live there and had several friends and family who lived there. During the trial, the prosecution showed that the rapist was a Type-O secretor. Willis was also identified as a Type-O secretor (60% of the male population are O secretors). A secretor is someone who secretes their blood-type antigens into body fluids, while a non-secretor puts little to none of their blood type into their body fluids. Although his wife testified that he was home before midnight on the night of the crime, the jury did not believe his alibi. The evidence against him and testimony from the eyewitnesses and victim led the jury to convict Willis of aggravated rape in February 1982. The presiding judge sentenced Willis to life in prison without parole, forcing him to leave his son, daughter, and pregnant wife behind.

In 1998 The Innocence Project took Willis’ case. Evidence was collected and retested. The DNA found from the boxer shorts of the attacker and the victim’s fingernail scrapings did not match. Willis was excluded from being a contributor to any of the samples. On September 19, 2003, after spending 22 years in a small, lonely jail cell, Calvin Willis was released from the Louisiana State Penitentiary at Angola. Alan Crotzer On July 8, 1981, in Tampa, Florida, three men entered a home, threatened and robbed the five people inside, and then drove off with two of the female victims in the trunk of their car. Victims remaining at the home were able record the license plate of the car as it sped away. The assailants drove the victims to a dark, wooded area. One man stayed inside the car while the other two raped a 38-year-old woman and a 12-year-old girl, one at the front of the car, the other at the back. Then, the perpetrator who raped the 12-year-old also raped the 38-year-old. After the rapes, the three assailants fled the scene, leaving the two victims behind, tied to a tree. The car in question was licensed to a St. Petersburg, Florida, resident. Police showed the five victims photos of the car owner and his friends. None of the victims were positive that the car owner was one of the assailants; police quickly discovered the car owner had been in jail the day the crime was committed. Douglas James, a friend of the car owner, had borrowed the car that day. Both he and Alan Crotzer were identified by the adult rape victim. Three of the victims identified Colrenzo James, Douglas’ brother, as the third assailant. Crotzer was identified as the assailant who carried a shotgun and raped both victims. Throughout the arrest and trial, Crotzer maintained his innocence, claiming he knew nothing about the crimes. But all five victims identified Crotzer in court, and based on these IDs and serological evidence (evidence dealing with the properties and reactions of bodily serums) Crotzer was convicted of sexual battery, kidnapping, aggravated assault, burglary, robbery, and attempted robbery. He was sentenced to 130 years in prison.

Then, in 2003, Crotzer secured access to the evidence from his trial. DNA testing confirmed that Crotzer could not have been the man who raped the victims. Douglas James also confessed that he and his brother Colrenzo committed the crimes with a childhood friend, not Crotzer. In fact, prior to the trial, Crotzer did not even know Douglas James. On January 23, 2006, Alan Crotzer’s conviction was overturned, and he was released after spending 24 years in prison. David Allen Jones From September to December of 1992, the bodies of four women, all believed to be prostitutes, were found strangled near an elementary school in Los Angeles, California. There were no eyewitnesses to the murders. In late December, David Allen Jones was arrested for an unrelated crime. Jones, a mentally-retarded part-time janitor with an IQ of 62, lived close to the murder scenes. After being questioned and driven to the crime scenes, Jones confessed to all four murders. (Research has shown that the mentally impaired are often likely to say what the police want to hear in order to please them and are easily led in questioning; additionally, coercive police interrogations can also lead to false confessions.) Rape kits from the victims contained biological material from a person with type A blood. Jones has type O blood. However, despite the contradictory physical evidence and the lack of an eyewitness, Jones was convicted of three of the four murders based on his confession. In prison, Jones professed his innocence. Illustrating his mental capacity, he once misspelled his own name when signing a letter written by a fellow inmate to the FBI that claimed his innocence. After DNA testing was conducted on two of the rape kits (the other two had since been destroyed), it was found that Jones was not the man who raped and killed the four women. In fact, the DNA evidence linked a suspected serial killer, Chester D. Turner, who was already in prison on a rape charge, to the crimes. David Allen Jones was cleared from all murders and released from prison on March 4, 2004.

References The Innocence Project. www.innocenceproject. com Associated Press. (2005). DNA exonerates Fla. man After 26 years. Retrieved March 2006, from www.foxnews.com Associated Press. (2006). Man exonerated by DNA is freed after 24 years. Retrieved March 2006, from www.msnbc.com Bernstein, P. (2003, December). Wrongfully convicted: Barry Scheck uses DNA to set the innocent free. Biography Magazine, 75-77. Dolan, M. and Larrubia, E. (2004, October 30). Telling police what they want to hear, even if it’s false. The Los Angeles Times. Freeing the Innocent. Retrieved March 2006 from www.criminaljustice.org Longley, J. (2000, May 15). Legal genes. Innocents on death row: DNA testing has freed eight; expert Barry Scheck says that’s only the beginning. People. Lush, T. (2005, August 4). After 26 years, a free man: Luis Diaz maintained his innocence during all the years he sat behind bars, convicted of rape. Tests support his claims. St.Petersburg Times. Passero, K. (1997, October). Cold-booded Barry: Nobody can uncover DNA evidence like attorney Barry Scheck. Biography Magazine, 76–79. Reckdahl, K. (2003). Calvin Willis is exonerated—and Janet Gregory has reason to celebrate. Retrieved March 2006, from http://injusticebusters.com Torricellas, T. (2005). Man cleared 12 years after falsely confessing as serial killer. Justice: Denied, 27, p. 16. Weinstein, H. (1995, September 29). Scheck moves from sidelines to center stage. The New York Times.

About the Author Megan Augustine holds a bachelor of journalism degree from the University of Missouri, and she is the former Chief Association Officer for the American College of Forensic Examiners.

Summer 2006 THE FORENSIC EXAMINER 57

Global SUICIDE By Bruce Gross, PhD, JD, MBA, FACFEI, DABFE, DABPS, DABFM, DAPA

n 2002 the World Health Organization (WHO) released the first World Report on Violence and Health (Krug et al., 2002). Finding that acts of violence result in more than 1.6 million deaths per year, the WHO considers violence to be a global public health problem of pandemic proportion. Unlike other studies of violence, the WHO went beyond obvious domains of violence (i.e., war and homicide) and included more pervasive sources of violence such as child and elder abuse, domestic violence, sexual assault, and suicide. The WHO found that worldwide suicide is the 13th leading cause of death for all persons, with homicide ranked 22nd and war ranked 30th. On average, approximately 1,425 people are murdered worldwide per day, the equivalent of 1.4 murders every minute. In contrast, global figures indicate that one suicide occurs every 40 seconds. Based on current trends, WHO predicts that in 2020 one suicide will occur every 20 seconds, representing the deaths of 1.53 million people by fatal self-inflicted injury. More global deaths per year result from suicide than from all wars and violent political, religious, or territorial conflicts combined. Demographics of Loss Across history, attempted and completed suicides have occurred in all countries, in all age groups, and in both genders (Krug et al., 2002). While there are notable variations between countries on these factors,

certain trends have emerged. Data reported to the WHO indicates that, in general, the highest rates of suicide are seen in Eastern European countries and in Sri Lanka while the lowest rates are found in Latin American and Muslim countries as well as in Thailand and the Philippines (WHO, 2005a; WHO, 2004a). While each country has its exceptions, higher rates of self-inflicted violence are found in rural versus urban areas or regions.

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The WHO found that worldwide suicide is the 13th leading cause of death for all persons, with homicide ranked 22nd and war ranked 30th.

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Over the entire 20th century, seven countries, Sweden, Finland, Norway, the Netherlands, Ireland, Scotland, and Spain, experienced a steady and significant increase in the rate of suicide while five, Switzerland, New Zealand, Wales, England, and Italy, have shown a significant decrease (Lester & Yang, 1998). Of note, Australia is the only country whose suicide rate remained stable during the last century. In looking at the

second half of the 20th century, rising suicide rates were seen in over 28 countries, and declining rates were seen in only eight. Per capita, suicides in China and India account for nearly 30% of suicides worldwide (WHO, 2005a). In 2003, the most recent year with the highest number of reporting countries, Lithuania (with 74.3:100,000 men and 13.9:100,000 women) and Belarus (with 63.3:100,000 men and 10.3:100,000 females) had the highest suicide rates globally (WHO, 2005a; WHO, 2004a). The lowest rates in 2003 were found in Malta, with 8.6:100,000 men and 1.5:100,000 women dying by self-inflicted injury. Worldwide, the rate of suicide increases steadily with age (Krug et al., 2002). Yet in recent decades, a few countries, including Canada and the United States, have shown the steady development of a bimodal peak with youth suicides edging out the rate of suicides by the elderly (WHO, 2004a; Krug et al., 2002). Focusing on youth and violence, the WHO found that each year approximately 4 million adolescents attempt suicide, 90,000 of whom die from fatal selfinflicted violence (CAHD, 2001). Globally, for persons between the ages of 15 and 44, suicide is the sixth-leading cause of injury and disability, but the fourth-leading cause of death (Krug et al., 2002). In the United States, suicide is the second-leading cause of death for all persons between 25 and 34, and the third-leading cause of death for all children, adolescents, and young adults between the ages of 10 and 24 (NCICP, 2003;

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Krug et al., 2002; CAHD, 2001). Uninten- self-inflicted violence is affected by a num- increase in suffocation, firearms remained tional injury is the leading cause of death ber of variables including age, sex, culture, the predominant method and were used in for all between the ages of 10 and 34, while region of residence, and seriousness of in- over 50% of suicides by children and adohomicide is ranked second for those 15–24 tention (Krug et al., 2002). Due to declin- lescents aged 10–19 (CDC, 2004a; CDC, and third for those 25–34. In other words, ing health and vitality, the elderly, especial- 2004b; Anderson & Smith, 2003). violence accounts for the first three leading ly in China and Singapore, tend to choose Annually, approximately 3 million people causes of death for all persons between the less physically demanding methods such as worldwide intentionally poison themselves ages of 10 and 34. drowning, hanging, and intentional fall- with pesticides (WHO, 2004b). Of those Internationally, women attempt suicide at ing or jumping. While men are more apt 3 million over 250,000 die, representing a a rate three times that of men while men are to use more violent and potentially lethal significant percentage of the 900,000 global four times more likely than women to com- methods, women tend to use more passive total of annual suicides. The WHO considmit suicide (CDC, 2004b; WHO, 2004a; or less violent methods such as overdosing. ers suicide by pesticide poisoning as a major NCICP, 2003). The single exception to this A notable exception to this global trend is public health concern in agricultural regions universal statistic is rural China, where sig- “suttee” or self-immolation (setting oneself of impoverished countries such as Sri Lannificantly more women than men attempt on fire), a common method choice of wom- ka, China, and India. In such countries pesand complete fatal self-inflicted violence. In en in India. Cultural influence on method ticide poisoning accounts for a significant the United States, whites have the highest choice is epitomized by significant numbers percentage of all incidents of fatal self-harm, suicide rates of all races, followed by Ameri- of Japanese men who continue to select the ranging from 30% in Andhra Pradesh, Incan Indian and Native Alaskan men (CDC, “honorable” ritual of “hara-kiri” or “sep- dia, to 71% in Jaffna, Sri Lanka. 2004b). puku” — a ritual of self-disembowelment Despite a persistent media correlation of suicide with the winter holidays, fa tal self-inflicted violence actually peaks in the summer and fall . . . . Contrary

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to the myth perpetuated by the media, the daily suicide rates for November and December are the lowest for all months.

Despite a persistent media correlation of suicide with the winter holidays, fatal selfinflicted violence actually peaks in the summer and fall (Romer et al., 2003). Contrary to the myth perpetuated by the media, the daily suicide rates for November and December are the lowest for all months. While there is a slight and very brief increase in fatal self-inflicted injury just after New Year’s Day, January is one of the lowest suiciderisk months in the United States. In 2002 the WHO projected that by 2020 there will be one attempted suicide every 1 to 2 seconds worldwide (Krug et al., 2002). Globally, the ratio of fatal to nonfatal self-inflicted violence is approximately 1:10–20. Nonfatal suicide attempts are significantly more prevalent in youth (those under age 25) than in the elderly (those over age 65), with the ratio of fatal to nonfatal self-inflicted violence estimated at 1:100–200 for youth and 1:2–3 for the elderly (WHO, 2004a; Krug et al., 2002). More than 50% of persons who attempt suicide will do so more than once, with nearly half of those making the second attempt within one year after the first. Worldwide, the choice of method for

with a sword or knife. Globally, for persons intent on committing suicide, using pesticides, firearms, and medications (over-thecounter and/or prescription) are the most common of all methods. For persons with ambivalent intent, the method of choice is poisoning, followed by “cutting” or selfinjury with a sharp implement (WHO, 2004b; Krug et al., 2002). In the United States, for all persons between 21 and 65, in 2001 there were 39,038 violent deaths of which 59.225% were suicides; 11,914 of those suicides were by firearms, while firearms were used in 8,758 of all homicides (Nahas, 2003). On average, firearms are used in approximately 55–60% of all suicides with the total percentage and gender rate varying by year (CDC, 2004b). Firearms are used in 73% of cases of fatal self-inflicted violence committed by the elderly (persons over age 65) and are used in 54% of youth suicides (CDC, 2004a; CDC, 2004b; Anderson & Smith, 2003). Between 1992 and 2001, there was a relatively steady decrease in the use of firearms by youth aged 10–19 and a corresponding increase in the use of suffocation as a method of choice for suicide. Despite the

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Unification of Intent Japan is perhaps one of the only countries in the world that views suicide as an honorable way to publicly atone for perceived failure or disgrace. So inculcated is suicide in Japanese culture that a 1993 book authored by Wataru Tsurumi, The Complete Manual of Suicide, not only maintained years of bestseller and cult status, but was adapted into the 2003 film, The Suicide Manual, by Osamu Fukutani (Hasimoto, 2001; Tsurumi, 1993). Tsurumi’s book, which explicitly outlines the risks and benefits of every conceivable method, was officially banned in the late 1990s when it was considered a contributing (if not causal) factor in the steady increase in and clustering of youth suicides. Tsurumi himself vocally objected to the ban, being of the mind that people who intend to kill themselves will do so with or without his “instruction” book. Despite Tsurumi’s belief, numerous studies have demonstrated a positive correlation between media reports of suicide and a subsequent increase in suicide rates (WHO, 2000a). Ironically, the first reported correlation dates back to 1774, when the suicide of the main character in the novel The Sor-

rows of Young Werther resulted in numerous imitation suicides. So notable was the correlation that the term “Werther effect” was eventually coined to refer to imitation or copycat suicides. The correlation between media and suicide applies to nonfiction television and to both fiction and nonfiction reports of fatal self-injury in all forms of print. The correlation between music, plays, and fictional television portrayals of suicide are less well studied yet are assumed to result in similar imitation effects. Media’s negative impact appears to be specifically related to the repeated publicizing of a given suicide, the degree of detail regarding method choice, a celebrity victim, and stylistic variables that condone or glamorize self-inflicted violence. As evidenced in other areas of emotional disturbance and criminality, the Internet has played a unique role in the occurrence of self-inflicted violence (Litke, 2005; Harding, 2004; Huus, 2003). In the mid-to-late 1990s, a steady increase in online suicide chat-rooms (known as “suicide clubs”) began emerging in Japan and soon spread to other countries. These sites provide a “safe” place where youth experiencing suicidal ideation can share their intentions, offer/receive advice on method choice, and even find suicide “partners.” Initially strangers, partners who have entered a “suicide pact” online meet offline for companionship and moral support when, as a group, each commits suicide. Suicide groups vary in size, and members may use the same or different methods. Between 1993 (when Japan’s first and now largest Internet service provider was established) and 2001, Japan ranked second among industrialized nations in the percentage of the population with access to the Internet (Delamar, 2002). Perhaps not unrelated, in 2001 Japan witnessed a notable increase in the number of Internetformed suicide groups found dead by selfinflicted violence (WHO, 2005a). While comparatively small in number, Internetrelated suicides by Japan’s youth began to represent a growing proportion of the nation’s total suicides (Harding, 2004). Also in 2001, there was a dramatic increase in fatal self-inflicted violence by middle-aged professional Japanese men (WHO, 2005b; Huus, 2003). The blatant rise in fatal selfinflicted violence in youth, presumably due to alienation and pressures to perform

academically, and the middle-aged, due to harsh economic conditions and occupational pressures, made it impossible for the Japanese government to ignore the growing problem. In response, certain environmental adaptations were put in place in an effort to prevent some of the more common methods, such as roof extenders, barriers along train tracks, and the installation of “suicide mirrors” in train stations. In addition, the government provided funds to Japan’s only suicide prevention hotline, “Lifeline.” In 2002, 12.8:100,000 Japanese women and 35.2:100,000 Japanese men committed suicide (WHO, 2005b). Fatal self-inflicted violence by men aged 45–64 represented approximately half of all Japanese male suicides (WHO, 2005b). The remarkable rise in suicides by men in this age group was largely responsible for Japan’s move from 23rd place in 1996 to 10th place in 2002 in the WHO’s ranking of suicide rates by country. By 2003 suicide became the 6thleading cause of death in Japan with a per capita rate twice that of the United States (WHO, 2005a; WHO, 2005b).

powerful source of sexual arousal. His behavior escalated until early 1995, when he was arrested for attempting to choke people he randomly selected on the streets. He was arrested for the same behavior in mid-2001, and then again in spring of 2002. The result of his third arrest was a 10-month prison sentence. At some point prior to his arrest in 2002, Maeue set up a personal website, which has since been removed, on which he posted a self-authored, purportedly fictional novel in which multiple murders by choking and suffocation were elaborately detailed. The approximately 20,000-word manuscript chronicled the refinement of what would later prove to be his actual modus operandi. Also on Maeue’s computer was a folder in which he stored numerous pictures taken during the murders of 10 people, each photograph clearly evidencing the individual victim’s terror and agony. Maeue pled guilty in 2005 and, ultimately, admitted to murdering at least 50 people over the years. If Maeue’s prison experience is typical of inmates in the United States, there is a high probability that he, himself, will become a victim of suicide.

Compassionate Murder In 2003 over 32,000 Japanese people committed suicide while approximately 1,400 were victims of homicide (SRTI, 2003). While suicide and homicide rates are generally thought to be unrelated, Japan’s Internet suicide clubs have provided a unique opportunity for overlap. For example, Hiroshi Maeue, age 36, was arrested in Osaka, Japan, in the fall of 2005 for the murder of three people, two males and one female, who ranged in age from 14 to 25 (Cameron, 2005; “Man admits,” 2005; “Man held,” 2005; “Police find,” 2005; “Sexual deviant,” 2005). Maeue’s victims had only two things in common: each had posted notes on suicide “matchmaker” websites looking for someone with whom to die, and they each set-up “suicide pacts” with Hiroshi Maeue. While it’s doubtful Maeue had a conscience, when arrested he readily admitted to using existing Internet suicide clubs to find vulnerable and uniquely “easy” victims; victims who willingly met with Maeue with the intent to die, albeit by suicide, not murder. By his own admission, Maeue had been suffocating people since middle school with the behavior soon becoming a

Violent Victims In order, the three leading causes of death in United States prisons are HIV/AIDSrelated disease complications, illness or natural causes, and suicide (Freiden, 2005). Worldwide, prison inmates are a unique group at high risk for suicidal behavior (WHO, 2000b). Nationally, as of 2005, the suicide rate of prison inmates was nine times higher than that of the general population, and 250 times higher for detainees in holding facilities. Aside from the loss of life, according to research conducted by the Criminal Justice Mental Health Consensus Project, in a single New York State county approximately $315,000 is spent each year on overtime for deputies assigned to inmate suicide watch. There are consistent and notable differences in the suicide rates of inmates in local jails versus state prisons. In 2002, 65% of suicides by jail inmates occurred during the first month of detention (Mumola, 2005). Forty-eight percent occurred during the first week of detention, with one quarter occurring on either the first (13.7%) or second (9.0%) day after arrival. In contrast, only 7% of all suicides in state prisons occurred

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during the first month of detention. Sixtyfive percent occurred after the first year of incarceration and 33% after 5 years. Unlike the United States, a 1999–2000 study of prison inmates in Britain revealed that of 172 suicides, approximately one third occurred during the inmate’s first week of incarceration (Arehart-Treichel, 2004). In both United States prisons and local jails, male inmates were 56% more likely to commit suicide than were females (Mumola, 2005). However, on average, jailed females committed suicide sooner after arrival than did males (4 days versus 10). The time-to-suicide for female and male prison inmates was 29 and 30 months respectively. In terms of race, white males had the highest suicide rate in both local jails and state prisons. Within jails, whites’ rate of suicide was 6 times higher than that of AfricanAmericans and 3 times higher than Hispanics. By race, the average time-to-suicide for inmates in local jails was 6 days for AfricanAmericans, 9 days for whites, and 23 days for Hispanics. So while African-Americans were less likely to commit suicide, they did so sooner than jailed inmates of other races. As for state prisons, on average, whites commit suicide within 21 months of arrival, African-Americans within 40 months, and Hispanics within 49. Between 2000 and 2002, 43% of all suicides committed in state prisons occurred in only four states: (in rank order) California, Texas, New York, and Illinois (Mumola, 2005). Of note, the 50 largest jurisdictions had a suicide rate that was half that of all other jurisdictions combined. In contrast, the rate of jail suicides was inversely related to the size of the facility with the lowest number of suicides occurring in the largest jails. Within local jails, the rate of violent offenders was 3 times that of nonviolent offenders (Mumola, 2005). Among violent offenders, those charged/convicted of kidnapping had the highest rate, followed by those detained for rape and then homicide. Among nonviolent offenders, those held on drug offenses in both local jails and state prisons had the lowest rate of suicide; on average, drug offenders were 5 times less likely to commit suicide than were violent offenders. In both types of facilities, suicides occurred soon after admission for public-order offenders (3 days in jails; 9 days in prisons) and were most delayed for violent offenders (20 days in jails; 45 months in prisons).

In the United States, 87% of all suicides occur in the inmate’s cell (Mumola, 2005). In Britain, of those inmates who committed suicide, 92% hung themselves, typically with sheets and blankets from window bars in their cells (Arehart-Treichel, 2004). Seventy-two percent of those inmates in Britain who committed suicide were identified with at least one major psychiatric disorder. The most frequent diagnosis was one of the substance abuse disorders (27%), followed by affective disorders (18%), and then schizophrenia (6%). As with global suicide rates, the rate of jail suicides increases with age (Mumola, 2005). The sole exception to this rule is for those inmates under the age of 18 housed in adult jails and prisons. Specifically, the suicide rate for juveniles held in local jails is 8 times the rate for adolescents held in juvenile detention centers or facilities, and 5 times the rate for youths who are not detained. Juveniles housed in adult prisons have a suicide rate 8 times that of all adult prisoners who commit suicide (Austin, 2000). Causes and Cures Over the last 40–50 years, numerous agencies, such as the United States Department of Justice, the Office of Juvenile Justice Delinquency Prevention, and the Office of the Surgeon General of the United States (OSG), have conducted extensive research on the etiology of juvenile delinquency, in particular, “chronic serious violent juvenile offenders.” Those same agencies have researched those factors and traits underlying parasuicidality. Not surprisingly, the risk and protective factors for violent delinquency and those for suicide show considerable overlap. While not necessarily causal, certain individual, interpersonal, and environmental factors have been shown to increase the likelihood of fatal self-inflicted violence or suicide. According to the OSG these risk factors include the following (DHHHS, 1999): • prior attempt(s) by the individual; • family history of suicide; • family history of alcohol and/or drug abuse; • history of child abuse or maltreatment; • history of mental disorders (in particular, depression and schizophrenia); • feelings of hopelessness; • subjective sense of isolation; • arguments, chronic stress, and breakdowns

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in significant interpersonal relationships; • history of or current alcohol and/or substance abuse; • impulsive or aggressive tendencies; • physical illness (in particular, epilepsy); • financial or material loss; • occupational problems and/or unemployment; • barriers to accessing treatment services; • unwillingness to seek help due to perceived stigma; • cultural and/or religious beliefs supporting suicide; • easy access to lethal methods; and • local epidemics of suicide. In addition to the above, the WHO has identified poverty, social isolation, legal problems, mental retardation, and disabling pain as significant contributors to suicidal behavior (WHO, 2004a; WHO, 2000a; WHO, 2000c). When individuals with some or all of these risk factors are in an environment characterized by high availability and easy access to lethal methods, there is a predictable increase in suicide rates (CDC, 2004a). Recent research has pointed to probable biological or genetic influencers on suicidal behavior. In particular, serotonergic system abnormalities have been identified in both those who attempt and those who commit suicide (Mann et al., 2001). The OSG and the WHO have also identified certain internal and external factors that serve to minimize the risk of suicide (WHO, 2004a; WHO, 2000a; WHO, 2000c; DHHS, 1999). Essentially, these protective factors act as buffers, insulating individuals from the negative effect of risk factors. They include the following: • high self-esteem as well as a sense of personal worth and importance to others; • a sense of connectedness to family, friends, community, and/or social institution(s); • being in a stable relationship; • family/social support; • ready access to a range of mental health services; • effective treatment for any existing physical, psychological, and/or substance abuse disorders; • supportive relationships with professional care providers; • good skills in the areas of problem-solving and nonviolent dispute/conflict resolution; and • cultural and/or religious beliefs that prioritize life and discourage suicide.

Traditionally, efforts to prevent suicide have focused on groups considered to be at high risk (CDC, 2004). However, the Centers for Disease Control and Prevention (CDC) contends that populationbased approaches may be more effective at reducing the rate of suicide among all groups. Environmental strategies that have been met with success include redesigning automobile exhaust pipes and installing automatic idle shut-offs, limiting access to roofs, fencing high bridges, and developing new packaging designs for potentially lethal over-the-counter and prescription medications (Krug et al., 2002). Restricting access to highly lethal methods has clearly had positive results. However, those persons with serious intent to commit suicide will continue to identify alternative, equally lethal methods (CDC, 2004a; CDC, 2004b; Anderson & Smith, 2003). Unfortunately, some of the methods showing a surge in use, such as suffocation, pose increasingly difficult challenges to prevention. As suffocation is completed in private and results in rapid death, there is a decreased likelihood of bystander intervention. Furthermore, a wide variety of materials can be used to commit suicide, all of which are easily accessible in most environments. While continued refinement and implementation of prevention programs is essential, without remediation of the underlying psychological vulnerabilities, suicide will remain a leading global public health problem.

References Anderson R. N. & Smith, B. L. (2003). Deaths: Leading causes for 2001. National Vital Statistics Report, 52(9), 1–86. Arehart-Treichel, J. (2004, May 7). Risk of prison suicide highest in first week. Psychiatric News, 39(9), 16. Austin, J., Johnson, K. D., & Gregoriou, M. (2000). Juveniles in adult prisons and jails: A national assessment. [NCJ 182503]. Washington, DC: Bureau of Justice Statistics, U.S. Department of Justice, Office of Justice Programs. Cameron, D. (2005, August 9). “Suicide” killer arrested over three deaths. Retrieved November 22, 2005, from http:// www.theage.com.au/news/world/suicide-killer-arrestedover-three-deaths/2005/08/08/1123353263702.html Centers for Disease Control and Prevention (CDC). (2004a). Methods of suicide among persons aged 10–19 years, United States, 1992–2001. Morbidity and Mortality Weekly Report, 53(22), 471–474. Centers for Disease Control and Prevention (CDC). (2004b). Web-based Injury Statistics Query and Reporting System (WISQARS). Atlanta, Georgia: U.S. Department of Health and Human Services, National Center for Injury Prevention and Control. Retrieved February 27, 2006, from http://www.cdc.gov/ncipc/wisquars Child and Adolescent Health and Development

(CAHD). (2001). Adolescents: The sheer numbers. Geneva, Switzerland: World Health Organization. Retrieved February 27, 2006, from http://www.who.int/child-adolescent-health/OVERVIEW/AHD/adh_sheer.htm Delamar, R. F. (2002). Competition and the development of the Internet in Japan. First Monday, 7(7). Retrieved February 27, 2006, from http://firstmonday. org/issues/issue7_7/delamar/. Department of Health and Human Services (DHHS). (1999). The Surgeon General’s call to action to prevent suicide. Washington DC: Department of Health and Human Services, Office of the Surgeon General. Retrieved February 26, 2006, from http://www.surgeongeneral. gov/library/calltoaction/default.htm Freiden, J. (2005). Suicide risk assessment difficult in jails, prisons. Clinical Psychiatry News, 33(3), 63. Harding, A. (2004). Japan’s Internet “suicide clubs.” BBC News. Aired: 12/07/04. Retrieved March 20, 2006, from http://news.bbc.co.uk/1/hi/programmes/ newsnight/4071805.stm Hashimoto, T. (2001, January 28). Suicide manual rocks Japanese society. The Independent (London). London, UK: Newspaper Publishing Ltd. Huus, K. (2003, June 10). Japan’s chilling Internet suicide pacts: New trend highlights social problems, mental health crisis. MSNBC News. Retrieved February 22, 2006, from http://msnbc.com/news/922190.asp?cp1=1 Krug, E. G., et al. (Eds). (2002). World report on violence and health. Geneva, Switzerland: World Health Organization. Lester, D., & Yang, B. (1998). Suicide and homicide in the 20th century. Commack, NY: Nova Science. Litke, M. (2005). Group suicide becomes frightening trend in Japan: Troubled people are going online to organize group suicides. ABC News; World News Tonight. Aired: 03/06/05. Retrieved March 20, 2006, from http:// abcnews.go.com/WNT/International/story?id=564931 Man admits to more “suicide pact” murders. (2005, August 7). Washington Times. Retrieved November 22, 2005, from http://www.washtimes.com/upi/20050807052511-5508r.htm Man held for murder linked to suicide site, says he killed 2 others. (2005, August 7). Kyodo News. Retrieved November 22, 2005, from http//www.japantoday.com/ e/?content=news&cat=2&id=345588 Mann, J. J., Brent, D. A., & Arango, V. (2001). The neurobiology and genetics of suicide and attempted suicide: A focus on the serotonergic system. Neuropsychopharmacology, 24(5), 467–477. Mumola, C. J. (2005). Suicide and homicide in state prisons and local jails. Bureau of Justice Statistics Special Report [NCJ #210036]. Washington, DC: U.S. Department of Justice, Office of Justice Programs. Nahas, Z. (2003). Rates of suicide by firearms among adults violent death in the US: Year 2001. Retrieved March 21, 2006, from http://www.musc.edu/bmt738/ DCspring2004/Ziad National Center for Injury Prevention and Control (NCIPC). (2003). 10 leading causes of death, United States: 2003, all races, both sexes (Table). National Center for Health Statistics: Centers for Disease Control and Prevention. Retrieved February 27, 2006, from http:// webappa.cdcgov/ Police find body of 3rd victim in suicide website murders. (2005, August 8). Kyodo News. Retrieved November 22, 2005, from http//www.japantoday.com/e/?content= news&id=345681 Romer, D., et al. (2003). Suicide and the media. Philadelphia, Pennsylvania: The Annenberg Public Policy Center, the University of Pennsylvania. Retrieved February 26, 2006, from http://www.annenbergpublicpolicycenter.org/07_adolescent_risk/suicide/ dec14%20suicide%20report.htm Sexual deviant confesses to triple murder. (2005, Au-

gust 6). Mainichi Daily News. Retrieved November 22, 2005, from http://mdn.mainichi-msn.co.jp/national/ news/20050806p2a00m0na023000c.html Statistical Research and Training Institute, MIC (SRTI) (Ed.). (2003). Statistical handbook of Japan. Tokyo, Japan: Ministry of Internal Affairs and Communications, Statistics Bureau. Stolinsky, D. C. (2000). America: The most violent nation? Medical Sentinel/Journal of American Physicians and Surgeons, 5(6), 199–201. Tsurumi, W. (1993). Kanzen jisatsu manyuaru (The complete manual of suicide). Tokyo, Japan: Ota Publishing. World Health Organization (WHO). (2005a). Suicide rates per 100,000 by country, year and sex (Table). Retrieved February 27, 2006, from http://www.who.int/ mental_health/prevention/suicide_rates/en/index.html World Health Organization (WHO). (2005b). Number of suicides by age group and gender, Japan, 2002 (Table). Retrieved February 27, 2006, from http://www. who.int/mental_health/prevention/suicide/country_reports/en/index.html World Health Organization (WHO). (2004a). Suicide huge but preventable public health problem. Geneva, Switzerland: World Health Organization. Retrieved February 27, 2006, from http://www.who.int/mediacentre/ news/releases/2004 World Health Organization (WHO). (2004b, June). The impact of pesticides on health: Preventing intentional and unintentional deaths from pesticide poisoning. Pesticides & Health. Geneva, Switzerland: World Health Organization. World Health Organization (WHO). (2000a). Preventing suicide: A resource for media professionals. (SUPRE series document #WHO/MNH/MBD/00.2). Geneva, Switzerland: World Health Organization, Department of Mental Health, Mental and Behavioural Disorders. Retrieved February 26, 2006, from http://www.who.int/ mental_health/media/en/426.pdf World Health Organization (WHO). (2000b). Preventing suicide: A resource for prison officers. (SUPRE series document #WHO/MNH/MBD/00.5). Geneva, Switzerland: World Health Organization, Department of Mental Health, Mental and Behavioural Disorders. Retrieved February 26, 2006, from http://www.who.int/ mental_health/media/en/60.pdf World Health Organization (WHO). (2000c). Preventing suicide: A resource for teachers and other school staff. (SUPRE series document #WHO/MNH/MBD/00.3) Geneva, Switzerland: World Health Organization, Department of Mental Health, Mental and Behavioural Disorders. Retrieved February 26, 2006, from http:// www.who.int/mental_health/media/en/62.pdf

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

Summer 2006 THE FORENSIC EXAMINER 63

The Art of

F RENSICS By Carissa Corson, BS At the end of World War II, Allied troops found a Nazi storage facility in an Austrian salt mine. Inside the mine they unveiled hidden works of art the Nazis had bought and stolen from various countries and individuals. One of the paintings was an unrecognized work, later called Christ with the Adultress, by Johannes Vermeer, a Dutch painter who died in 1675 and became famous in the 20th century. An investigation traced this piece to Han van Meegeren, another Dutch painter.

an Meegeren spent his life aspiring to be a famous artist, but he was not well received by the critics. Embarrassed and bitter, he decided to use his expertise in the painting techniques of the Dutch masters to produce a fake Vermeer. His plan was to fool the critics, letting them admire the piece, and then expose his fake, confirming his artistic abilities and the critics’ ignorance. His plan to expose his fakery took a back seat when the money started coming in. He sold his first forged Veermer for today’s calculated standards of several million dollars! He continued to produce more Vermeer fakes, including works by Frans Hals and Pieter de Hooch. When authorities finally found Christ with the Adultress, they marked Van Meegeren as a Nazi collaborator for selling the “priceless work of art” to the enemy. He was arrested and charged with treason, which held the death penalty. Imprisoned for 6 weeks, van Meegeren finally admitted to forgery, but the police did not believe him. He proposed to create a new fake to prove his innocence. He was put under house arrest and for the next 3 months worked on The Young Christ Teaching in the Temple. A commission was also put together to examine van Meegeren’s works.

How Did He Do It? Although it took van Meegeren several years to finalize his technique, his methodology in creating a forged masterpiece was down to a science. First, he would select an unknown 17th-century canvas. He partially removed the initial painting using pumice stone, being careful to preserve the original cracks within the paint. Then he applied a layer of base paint to form the foundation of the final painting. Because conventional oil paints could take years to dry and become hard, he had to select a paint that would dry fast and harden quickly. He decided to mix his paints with phenolformaldehyde resin (also known as Albertol or Ambertol). This solution causes a chemical change when heated and hardens quickly and permanently, becoming insoluble to common solvents. After completing his painting, van Meegeren baked his canvas for approximately 1 hour in an oven at 105°F. Then he would distress it by rolling it over a drum, giving it a “crackled” look. Lastly, he used black ink to fill in the cracks (Nunn, 1996). The Commission Confirms It While van Meegeren was under house arrest the commission was doing an investi-

64 THE FORENSIC EXAMINER Summer 2006

gation of their own. Christ with the Adultress and other paintings by van Meegeren were under scientific, forensic scrutiny. With the use of microscopes, chemicals, xrays, and other processes, the commission was able to uncover the truth. All of the paintings showed traces of phenolformaldehyde resin and some of them had traces of cobalt blue, an artificial pigment created and manufactured only in the 19thcentury. X-rays detected the scenes of the original 17th-century paintings under van Meegeren’s painting. Cross-sections taken from the paintings revealed multiple layers of paint. It was evident—van Meegeren’s paintings were modern fakes!

Art Crimes Today Although forensic art is typically thought of as composite art, age progression, or post-mortem reconstruction, forensics can be used to catch an art forger or confirm the authenticity of a work. Consider the following examples: • Many faithful Christains consider the Shroud of Turin to be the cloth that covered Christ’s body after crucifixion, but scientific evidence says otherwise. Carbon-14 dating indicates that the cloth is actually painted linen, crafted in the 14th century. • One of Pablo Picasso’s alleged works, Absinthe Drinker, was thought to have come from his blue period. After investigatory x-rays revealed another abstract painting beneath the picture (a historical impossibility), it was ruled a fake. • Bernhard Strigel was believed to have been the artist of Holy Antony Eremita around 1460. A radiograph test exposed a painting underneath the surface created by an artist who lived 250 years after Strigel’s death. It has been said that 25%-40% of all art on the market is forged to some degree. But modern technology and science have helped minimize that number and continue to reduce art crimes. For instance, Freemanart, a fine art consultancy business, uses up-to-the-minute forensic techniques to help establish a work’s credibility and authenticity. These procedures include spectral, optical, and chemical analysis; computer diagnostics; and forensic handwriting analysis. Their team has worked to identify true works of art by famous painters such as Marc Chagall, Pablo Picasso, Vincent Van Gogh, and Thomas Gainsborough. Freemanart is dedicated to finding the answers to a counterfeit market through intense research and science. These analytical techniques and others cannot prove whether someone actually painted a work of art. Conversely, they can verify that the materials used were unavailable when the work was allegedly created. Establishing the work’s credibility and authenticity is harder to verify without the integration of historical data, knowledge of the artist’s techniques, and extensive research into the canvas, preparatory paint layers, and stretcher.

Forensic Technique Carbon dating Spectroscopic examination

Use Measures age Detects the age of oil paints

Ultraviolet fluorescence

Finds repairs and fluorescent blue-green paint (indicates that the work is from the 19th century)

Polarized light microscopy

Analyzes paint pigment

Infrared analysis

Discovers earlier painting on same backing and reveals whether paint or ink was used

Conventional x-ray

Detects earlier work under the surface

X-ray diffraction (the object bends x-rays)

Explores crystalline components in pigments

X-ray fluorescence (bathing the object with radiation causes it to emit x-rays)

Elemental analysis—determines the age of precious metals and pigments in a painting

Neutron activation analysis

Determines the concentration of the elements

Although most forgery artists fear being discovered, forensic art investigations saved van Meegeren’s life. After 2 days on trial, he was found guilty of forgery and his sentence was reduced from death to a 2-year prison term. Once again, forensics proved it had the power to find the truth and ensure that justice was served. Even though van Meegeren was never noted as a famous artist in his own right, he has become one of the most notorious forgers of all time.

References Nunn, T. (1996). The art forgeries of Han van Meegeran. Retrieved April 3, 2006, from http:// www.tnunn.f2s.com/vm-main.htm Han van Meegeren. (2006). Wikipedia.com. Retrieved April 3, 2006, from http://en.wikipedia. org/wiki/Han_van_Meegeren. University of Wisconsin. (1999). Art attack. Why Files.com. Retrieved March 31, 2006, from http://whyfiles.org/081art_sci/ Freemanart Fine Art Consultants. (2004). Retrieved April 4, 2006, from http://www.freemanart.ca/authentication.htm

“

It has been said that 25%-40% of all art on the market is forged to some degree. But modern technology and science have helped minimize that number and continue to reduce art crimes.

”

About the Author Carissa Corson holds a bachelor of science degree from Missouri State University, and she is the chief association officer for the American College of Forensic Examiners. Summer 2006 THE FORENSIC EXAMINER 65

CE TEST PAGE: THREE TOTAL CREDITS AVAILABLE (WITH THE COMPLETION OF ALL 3 CE TESTS) To receive CE credit, please do the following: 1.) Read the CE article. 2.) Complete the exam by circling the chosen answer for each question. 3.) Complete the evaluation form. 4.) Mail or fax the completed form, along with $15 for each CE exam taken. A certificate of completion for one CE credit will be sent for each exam passed with a grade of 70% or above. Those who do not pass the exam are notified and will have a second opportunity to complete the exam. Direct any questions, grievances, or comments to the ACFEI CE Department (phone 800-423-9737; fax 417-881-4702; email cedept@acfei.com).

Learning Objectives for “Psychological Profiles of Terrorists” After studying this article, participants should be better able to do the following: 1.) Understand the psychological motives of terrorists. 2.) Recognize why current terrorism prevention efforts are flawed. 3.) Describe a better working profile of a terrorist.

Learning Objectives for “Adult Perceptions of Children with Learning Disabilities . . .”

After studying this article, participants should be better able to do the following: 1.) Understand the difficulties children with learning disabilities face creating narratives. 2.) Understand the nature of the witness preparation technique Narrative Elaboration Training (NET). 3.) Understand how forensic psychologists can use NET to help prepare children for testifying.

Article 1: CE test for “Psychological Profiles of Terrorists” (See page 6 for article.)

Article 2: CE Test for “Adult Perceptions of Children with Learning Disabilities . . .” (See page 18 for article.)

1.) What are the psychological motives the author ascribes to terrorists? A. “Specialness” and notoriety B. Strong group affiliations and social approval C. Ideological and/or religious convictions D. “Emotional hunger” and social isolation E. All of the above

1.) About 90% of children with learning disabilities have deficits in: A. Reading. B. Language. C. Writing. D. Science.

2.) What does the author consider “empathic failures” when it comes to terrorism-prevention efforts? A. The failure to implement a coherent terrorism prevention strategy B. The application of prevention means and resources that are inadequate to the task of terrorism prevention C. The failure to understand the terrorists’ perspectives and cultures D. The gullibility of politicians when it comes to what terrorists proclaim E. All of the above 3.) The author proposes that a “good profile” of terrorist must: A. Focus on race or nationality. B. Include a way to account for intergroup variability. C. Be a “one-size-fits-all” approach to the profile. D. Focus on Arab nationals and not American citizens. E. All of the above. 4.) What is the most likely psychological profile of a terrorist? A. Essentially normal individuals B. Anti-social or psychopathic personalities C. “Cluster B” of the personality disorders taxonomy D. Narcissistic character organization E. All of the above

Evaluation for Article 1: (1–3 rating section) Please circle one (1=Poor 2=Satisfactory 3= Excellent) 1. The author presented material clearly. 1 2 3 2. The stated learning objectives were met. 1 2 3 3. New knowledge or technique was gained. 1 2 3 4. Additional comments:

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2.) All of the following are common problems for children with learning disabilities when creating narratives except: A. Straying off topic. B. Trouble organizing language. C. Trouble reporting spontaneous details. D. Nervousness. 3.) Which is a method used to evaluate the validity of a child’s account of abuse? A. Narrative Elaboration Training (NET) B. Witness preparation C. Statement analysis D. Suggestibility 4.) In an effort to counteract the possible influences of a witness during testimony, forensic psychologists are often called on to: A. Tell a witness what to say. B. Conduct mock trials. C. Alter weak perceptions of a vulnerable witness. D. Analyze the appearance of a witness.

Evaluation for Article 2: (1–3 rating section) Please circle one (1=Poor 2=Satisfactory 3= Excellent) 1. The author presented material clearly. 1 2 3 2. The stated learning objectives were met. 1 2 3 3. New knowledge or technique was gained. 1 2 3 4. Additional comments:

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Learning Objectives for “Vision Science . . .” After studying this article, participants should better understand the following: 1.) The difference between vision and seeing. 2.) How vision relates to overall efficiency. 3.) How vision science maintains and improves good vision as it applies to law enforcement skills: driving, combat, shooting, observation, night vision, and computer skills.

Article 3: CE test for “Vision Science . . .” (See page 24 for article). 1.) When using the computer, it is typically less fatiguing if the monitor is set: A. Above line of sight. B. Directly at line of sight. C. Below line of sight.

The Forensic Examiner® Articles Online! Find and read new and old articles from The Forensic Examiner® using the ACFEI website’s easyto-use searchable database! Search by keyword or author and have instant access to relevant articles and the corresponding CE test. Log on to www. acfei.com/onlinece.php today!

2.) When reading, the surface you are reading should ideally be: A. Flat. B. At an incline of approximately 20 degrees. C. At an incline of 45 degrees. D. None of the above. 3.) When performing visual tasks within arm’s length, what is the suggested interval for resting the eyes? A. When they become fatigued B. Every 2 hours, if the visual system is strong C. Every 15 to 20 minutes D. None of the above 4.) Spoon rotation exercises help improve: A. Focusing. B. Eye-hand coordination. C. Peripheral awareness. D. All of the above.

Evaluation for Article 3: (1–3 rating section) Please circle one (1=Poor 2=Satisfactory 3= Excellent) 1. The author presented material clearly. 1 2 3 2. The stated learning objectives were met. 1 2 3 3. New knowledge or technique was gained. 1 2 3 4. Additional comments:

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The American College of Forensic Examiners (ACFEI)

2006 Regional Certification Conference Las Vegas, NV • MGM Grand • July 18-19, 2006

Don’t miss your only chance to earn a new certification at a live course through ACFEI in 2006! Expand your knowledge, set yourself apart from your peers, and earn a prestigious credential from the world’s largest forensic membership association. Qualified professionals may choose from any of the certification review courses described here.

Call toll free (800) 423-9737, ext. 156, visit www.acfei.com, or email carlye@acfei.com.

The Certified Medical Investigator , CMI, Course “I would suggest that anyone prosecuting or investigating crimes should consider this course. It makes for a better investigation and expands your knowledge base to understand what can or cannot be determined from the information found. Any forensic scientists, clinician with any connection to law enforcement, or provider of expert testimony should consider this course. Overall, the knowledge is indispensable.” —E. Robert Bertolli, OD, CMI-V, CHS-V ®

E. Robert Bertolli

The Certified Forensic Nurse, CFN , Course “There has been an overwhelming need in the forensic nursing community for a credential that covers all of the common characteristics of forensic nurses who work with very diversified patient and non-patient populations. . . . Nurses skilled in the forensic sciences have endless possibilities where their nursing experience can be used.” —Rusty Rooms, MSN, RN, CFN, CMI-III, DABFN SM

Rusty Rooms

The Certified Forensic Consultant, CFC , Course “Applying one’s professional expertise to issues of the law does not come naturally . . . the CFC designation assures the client that the professional has undergone additional forensic training and experience and understands how to apply their knowledge honestly and fairly to the forensic arena.” —Jonathan J. Lipman, PhD, Neuropharmacologist, Diplomate of the American Board of Forensic Examiners SM

Jonathan J. Lipman

The Certified Forensic Accountant, Cr. FA , Course “The forensic accounting field has grown significantly over the past couple of years and ACFEI provided a much-needed certification for professionals who specialize in this particular field.” —Laurie Ann French, CPA, Cr.FA ®

Laurie Ann French

68 THE FORENSIC EXAMINER Summer 2006

BURNS: The Medical and Forensic Model By Alan D. Clark, MD, DABFE, DABFM, FACFEI

Alan D. Clark

Dr. Alan Clark, a long-time outstanding member of ACFEI, passed away this past February. This wonderful book was his final professional legacy. The totality of burn injury, both personal and economic, is enormous. Whether resulting from a neighborhood house fire or the collapse of the Twin Towers, burn injuries have continued to affect society, especially burn victims and their families. For the medical, forensic, and legal professions burn care continues to be viewed by many as part science and part myth. The medical science of burn treatment and rehabilitation has progressed rapidly, dispelling many myths and changing legal issues. Alan D. Clark’s BURNS: The Medical and Forensic Model provides a rapid, concise treatise on the ramifications of burn injury from electrical injury to thermal and blast injury. Clark consistently presents forensic considerations throughout the text, both in the medical and forensic sections. The medical sections provide essential information on many facets of burn injury and care, from burn characteristics to evaluation and treatment. Discussion of treatment includes pre-hospitalization

care, critical care, rehabilitation, toxicology and physiology, hidden toxic dangers, and planning for disasters in which many people are injured, such as building explosions and terrorist attacks. The forensic sections cover a variety of topics including fire and arson investigation, identification of burn victims, fire death investigation, and advanced forensic considerations in electrothermal burns. This book is essential for anyone in the legal, law enforcement, or health care professions who work with burn cases. Alan D. Clark, MD, began practicing emergency medicine in 1976. In 1995, convinced that forensic investigation and analysis was missing in the acute evaluation of emergency medical and trauma victims, Clark began to study and teach forensic evaluation for physicians and nurses caring for these patients. Clark assisted in medico-legal case evaluations, lectured at national forensic conferences, and was the medical editor for a monthly forensic continuing medical education series for forensic scientists and physicians.

The Human Predator: A Historical Chronicle of Serial Murder and Forensic Investigation By Katherine Ramsland, PhD, CMI-V

Katherine Ramsland

Many people think of the phenomenon of serial killing as a perversion born of modern society or as the cynical consequence

of a cold, ineffectual contemporary culture. In The Human Predator: A Historical Chronicle of Serial Murder and Forensic Investigation, best-selling author and forensics research expert Katherine Ramsland makes a provocative case for the existence of serial killers throughout time. From bloodthirsty despots to today’s all-American girls and boys next door, Ramsland reveals the evolving social attitudes that have affected serial murderers’ motives, methods, and criminal careers in the context of the specific historical periods in which they lived . . . and killed. From this startling perspective, Ramsland follows the criminal mind from ancient Rome through the Dark Ages to the back alleys and open highways of urban America. She takes readers from the unconscionable exploits of French religious zealot Gilles de Rais to such American-made monsters as John Wayne Gacy and Jeffrey Dahmer. In The Human Predator, Ramsland discusses the role of rigid class systems, ignorance and fear, religion, and ancient superstition in the breeding of serial killers including men, women, and children. For the first time, Ramsland offers a chronological record of the serial-killer phenomenon and traces the development of forensic science, psychology, and FBI profiling. Spanning from ancient times to today’s headlines, The Human Predator is a chilling reminder that the darkness that exists in human nature is not, as some might think, the product of modern society. Katherine Ramsland, PhD, is the author of more than 20 books, including The Criminal Mind: A Writer’s Guide to Forensic Psychology, The Science of Cold Case Files, and The Forensic Science of C.S.I., and has written more than 300 articles on serial killers. Ramsland currently writes forensic articles for Court TV’s Crime Library. She teaches forensic psychology at DeSales University in Pennsylvania.

Summer 2006 THE FORENSIC EXAMINER 69

Falsely Accused State Supreme Court Overturns Conviction On July 28, 2003, the Missouri Supreme Court ordered the release of Joseph Amrine after DNA evidence did not implicate him in the death of Gary Barber. In 1985 Joseph Amrine was serving a sentence at the state penitentiary in Jefferson City, Missouri, for robbery, burglary, and forgery when he was accused of murdering fellow inmate Gary Barber. On October 18, 1985, Barber was found stabbed to death, and witnesses reported different accounts of his murder. Officer John Noble, a prison guard, said that he had seen Barber chasing inmate Terry Russell in the recreation room of the prison. Afterwards, Officer Noble said he saw Barber pull a knife out of his back and die. In addition, six inmates stood up for Amrine and testified that he had been playing cards with them in a different area of the recreation room when the stabbing occurred. Three of these inmates even named Russell as the one who was being chased by Barber. Yet, after Russell was questioned about his role in the death, he told authorities that Amrine confessed to him about killing Barber, and two other inmates said that they actually saw Amrine stab Barber. One of those inmates said he saw Barber and

Amrine together before Amrine pulled out a knife and stabbed Barber. Although no physical evidence connected Amrine to the murder, and despite the various conflicting stories, in 1986 a jury convicted him of murder and sentenced him to death. Amrine’s conviction and sentence were affirmed in 1987. He persisted, though, and filed for post-conviction relief because of ineffective legal representation. Two of the three inmates who had testified against him then recanted their testimony. Without a recant from the third inmate and without the introduction of any new evidence to show his innocence, the United States District Court for the Western District of Missouri denied Amrine’s petition. Amrine’s situation began to look brighter after he paired up with defense attorney Sean O’Brien in 1996. After finding the third inmate who had testified against him and getting an affidavit in which this inmate recanted his trial testimony, Amrine was able to claim that the evidence in the inmate’s affidavit contradicted the evidence that resulted in Amrine’s conviction. The district court refused to consider all of the evidence together and instead looked only at this third inmate’s recanted statement and called it unreliable. The appellate court affirmed. To have all the evidence considered as a whole, Amrine petitioned the Missouri Supreme Court, which was the first court to examine all of the evidence in favor of Amrine’s innocence and make a decision. In a 4-3 decision, the Missouri Supreme Court overturned his conviction and death sentence in April 2003, making him the third man in Missouri history to be cleared of a death penalty conviction. Amrine’s case was also the first time the Missouri Supreme Court addressed whether it could decide the sole issue of innocence without additional claims for violations of rights as grounds for overturning a conviction or sentence. The opinion says that the case “presents the rare circumstance in which no credible evidence remains . . . to support the conviction.” Following this ruling, Amrine had to wait in a county jail while the prosecutor considered a retrial. On July 28, 2003, results of a DNA test on blood evidence

70 THE FORENSIC EXAMINER Summer 2006

from the 1985 murder failed to link Amrine to Barber, and the prosecutor decided against a new trial. In this case the DNA evidence did not enter the picture until after Amrine had received his discharge from the Missouri Supreme Court; it was not used to prove his innocence before the court. Rather, it was used to convince the prosecutor not to pursue a new murder trial against him and to confirm his conditional release. After 16 years on death row, Amrine was a free man. Had he not been falsely convicted of murder, Amrine would have been released from prison in 1992. He ended up serving an extra 10 years for a crime he did not commit. Now that Amrine has been cleared of the murder charges, Barber’s murderer remains unknown. Several, including Amrine’s attorney O’Brien, have accused Russell, the inmate who blamed Amrine of being behind the murder. When Barber was murdered, Russell was only a few months away from his release. The prosecutor, though, said that without physical evidence against Russell, he would not be able to pursue a case, especially because so many of the witnesses in the Amrine case had recanted their accounts.

References Associated Press. (2003, Aug. 18). Former inmate Amrine opposes death penalty. Columbia Daily Tribune. Retrieved April 3, 2006, from http://archive.columbiatribune.com/2003/aug/ 20030818news007.asp Carlisle, N. (2003, July 30). Release leaves loose ends. Columbia Daily Tribune. Retrieved April 3, 2006, from http://archive.columbiatribune. com/2003/jul/20030730news005.asp Joseph Amrine is released. (2003, July 28). Truth in Justice. Retrieved April 3, 2006 from http://www. truthinjustice.org/amrine-released.htm State ex re. Joseph Amrine v. Donald P. Roper, Superintendent, Potosi Correctional Center. No. SC84656, slip op. (Mo. April 29, 2003). Supreme Court overturns Kansas City man’s conviction. (2003, April 29). Kansas City Star. Retrieved April 3, 2006, from http://www.truthinjustice.org/amrine.htm

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