The Forensic Examiner - Summer 2013 by CNTA, Inc.

‘BIEBER RUSE’ TARGETED MINOR GIRLS

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OCTOBER 17–19, 2013

PASSING THE TORCH: JFK CONFERENCE HOSTED BY CYRIL WECHT

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CHILD MURDERS:

WHEN THE PARENT IS THE SUSPECT

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IN COLD BLOOD KILLERS EXHUMED: WHY NOW?

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DIAGNOSING

DAHMER: DISSECTING A FLAWED APPROACH

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COVER PHOTO CREDIT: AP Photo/Eugene Garcia $7.50 U.S./$9.50 CAN

INSIDE THIS ISSUE CRYSTALLIZING PSYCHOPATHY: HERVEY CLECKLEY A MIND FOR MURDER: A BOOK REVIEW A CONSTITUTIONAL CRISIS?

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Contents CE ARTICLES

WHEN THE PARENT IS THE SUSPECT IN CHILD MURDER, PART I by Stefan R. Treffers, BHSC, Ann W. Burgess, DNSC, APRN, and Allen G. Burgess, DBA

DISTANCE DIAGNOSIS: Can We Really Tell Whether Dahmer had Asperger’s Disorder? by Amy L. Saborsky, PsyD, and Katherine Ramsland, PhD, CMI-V

FEATURES ', SOLVABILITY & RISK FACTORS: A COLD CASE INVESTIGATION by Sally Keglovits, Gregg McCrary, and Katherine Ramsland, PhD, CMI-V

)/ CYRIL WECHT’S JFK CONFERENCE *& BRUZER LESS LETHAL -, FORENSIC LOCKSMITHING: A Key to Solving Crime

THE FORENSIC EXAMINER® Summer 2013

9EBKCDI '& FORENSICS IN THE NEWS () SUCCESS FILES: E. Franklin Livingstone

24 IPREDATOR: I am iPredator 55 LEGAL: A Conditional Right to Counsel: The Birth of a Constitutional Crisis

,( PROFILE: Dr. Hervey Cleckley ,, FICTION: The Human Book by Shelly Reuben

78 FALSELY ACCUSED: Bennie Starks

'& *& THE CYRIL H. WECHT INSTITUTE OF FORENSIC SCIENCE AND LAW

13TH ANNUAL CONFERENCE

PASSING THE TORCH

AN INTERNATIONAL SYMPOSIUM ON THE 50TH ANNIVERSARY OF THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY

?D J>?I ?IIK; &/ ACFEI NEWS AND ANNOUNCEMENTS '* BOARD SPOTLIGHT: ABFET +& BOOK REVIEW: A Mind for Murder Reviewed by Wendy Briggs

52 BOOK REVIEWS:

42 )/

Murder in Muncy Creek and Forensics of a Medical Plan

-/ PRODUCT REVIEWS: New Centrifan PE Evaporator/Concentrator

.) ACFEI LOGO PRODUCTS

-/ 28

Summer 2013 THE FORENSIC EXAMINER速

2013 EDITORIAL ADVISORY BOARD *Note: For spacing and consistency considerations, the number of designations listed has been limited to four.

ACFEI EXECUTIVE ADVISORY BOARD

CHAIR Cyril H. Wecht, MD, JD, CFP, CMI-V Chair, American Board of Forensic Medicine

Nicholas G. Apostolou, DBA, CPA, Cr.FA

Monique Levermore, PhD

Donna Garbacz Bader, MSN, RNC, CFN, CMI-I

Jonathan Lipman, PhD

Larry Barksdale, MA

Judith Logue, PhD

E. Robert Bertolli, OD, CMI-V

Mike Meacham, PhD, LCSW

Kenneth E. Blackstone, MS, CFC, CCI

David Miller, DDS

David T. Boyd, Cr.FA, DBA, CPA, CMA

Leonard I. Morgenbesser, PhD

Jules Brayman, CPA, CVA

Jacques Ama Okonji, PhD

John Brick, PhD, MA, CMI-V

Norva E. Osborne, OD, CMI-III

Richard C. Brooks, PhD, CGFM

Ronald J. Panunto, PE, CFC, CFEI, CVFI

Dennis L. Caputo, MS, CHMM, QEP

Larry H. Pastor, MD, CFC

Dennis H. Chevalier, CMI-I, CPPP, FIPC, BS

Theodore G. Phelps, CPA

David F. Ciampi, PhD

Marc Rabinoff, EdD, CFC

Andrew N. Dentino, MD

Jerald H. Ratner, MD, CFP

James A. DiGabriele, PhD, CPA, ABV, CFF

Harold F. Risk, PhD

John Shelby DuPont Jr., DDS

Susan P. Robbins, PhD, LCSW, DCSW, CMFSW

Raymond Fish, PhD, MD

Jane R. Rosen-Grandon, PhD

Per Freitag, PhD, MD

Douglas Ruben, PhD

L. Sue Gabriel, EdD, MSN, MFS, RN

J. Bradley Sargent, CPA, CFS, Cr.FA

Ron Grassi, DC, MS

William Sawyer, PhD

Richard C. W. Hall, MD, CFP

Howard A. Shaw, MD

John J. Haberstroh, DC, CFC, CMI-V

Ivan Sosa

Raymond F. Hanbury, PhD, ABPP

Henry A. Spiller, MS

David L. Holmes, EdD

Marilyn J. Stagno, PsyD, RN

Leo L. Holzenthal Jr., PE, BSEE, MSE

James R. Stone, MD, MBD, CMI-V

Matthew Howard, PhD, MSW, MS, BA

George S. Swan, JD

Edward J. Hyman, PhD

William A. Tobin, MA

Zafar M. Iqbal, PhD

Robert Tovar, MA, CPP

Nursine S. Jackson, MSN, RN

Patricia A. Wallace, PhD, CFCE

Philip Kaushall, PhD

Raymond Webster, PhD

Eric Kreuter, PhD, CPA, CMA, CFM

Dean A. Wideman, MSc, MBA, CFC, CMI-III

Ronald G. Lanfranchi, PhD, DC, CMI-IV

2013 EDUCATION COMMITTEE

MEMBERS Marilyn J. Nolan, MS Chair, American Board of Forensic Counselors James H. Hutson, DDS, CMI-V Chair, American Board of Forensic Dentistry Kevin Theriault, BS, CFC Chair, American Board of Forensic Examiners Ben Venktash, Peng(UK), FSE Chair, American Board of Engineering and Technology L. Sue Gabriel, EdD, MSN, RN, CFN Chair, American Board of Forensic Nursing Douglas Fountain Chair, American Board of Forensic Social Workers Rodolfo J. Rosado, PhD Chair, American Board of Psychological Specialties Gregg M. Stutchman Chair, American Board of Recorded Evidence Robert Boyden, PhD, MS, SCSA Chair, American Board of Certified Criminal Investigators S. Sandy Sanbar, MD, PhD, JD, FCLM Chair, Legal Advisory Board Robert K. Minniti, CPA, MBA, Cr.FA Chair, American Board of Forensic Accounting

CONTINUING EDUCATION ACFEI provides continuing education credits for accountants, nurses, physicians, dentists, psychologists, counselors, social workers, and marriage and family therapists. Approvals for continuing education activities are subject to change. For the most up-to-date status, please check the course catalog on our Web site, www.acfei.com, or contact the Registrar’s office toll-free at (800) 423-9737. ACFEI is an approved provider of Continuing Education by the following: Accreditation Council for Continuing Medical Education National Association of State Boards of Accountancy National Board for Certified Counselors California Board of Registered Nurses American Psychological Association California Board of Behavioral Sciences Association of Social Work Boards American Dental Association (ADA CERP)

*Note: For spacing and consistency considerations, the number of designations listed has been limited.

Larry F. Stewart, CFC, MSFS

Douglas H. Ruben, PhD

Joseph A. Juchniewicz, MA, CCI, CFC, LPT

John D. Petkanas, DDS, CFC, CMI-V

Kevin R. Theriault, BS, CCI, CFC

Puneet Arora, MD, MBBS, CFP, CMI-V

Joan C. Perin, CPA, Cr.FA, CFC, CGMA

Mark Tomlin, CMI-III

Larry D. Crumbley, PhD, CPA, Cr.FA

E. Frank Livingstone, MD, CFP

Amy M. Garcie, DPN, APRN, ACNP, CFN

Jerald H. Ratner, MD, CFP

L. Sue Gabriel, EdD, MSN, MFS, RN

Michael Fitting Karagiozis, DO, MDiv, CFP, CMI-V

Ralph Carnesecchi, MPS, CMI-III

THE FORENSIC EXAMINER® Summer 2013

The Missouri Sheriff’s Association co-sponsors Police Officer Standards Training (POST) accreditation for the American College of Forensic Examiners Institute’s activities. The American College of Forensic Examiners Institute® is a member of the National Certification Commission and the Alliance for Continuing Medical Education. The Ethics exam, Law exam, Evidence exam, Certified Medical Investigator®, CMI exam levels I-V, Certified Forensic Accountant, Cr.FA® exam, Certified Forensic Nurse, CFN® exam, and the Certified Forensic Consultant, CFC® exam are all approved for G.I. Bill benefits.

ACFEI ADVISORY BOARDS

AMERICAN BOARD OF FORENSIC ACCOUNTING® CHAIR: Robert K. Minniti, CPA, Cr.FA, CVA, CFF, MBA VICE CHAIR: Stewart L. Appelrouth, CPA, CFLM, CVA, Cr.FA J. Bradley Sargent, CPA, Cr.FA, CFLM, CVA Gary Bloome, CPA, Cr.FA Michael G. Kessler, Cr.FA, CICA Eric A. Kreuter, PhD, CPA Alexander Lamar Casparis, CPA, ABV, CFF, CITP Robert B. Lechter, CPA, Cr.FA Suzanne D. Hillman, CPA, CFF, Cr.FA, CITP Larry Settles, CPA, Cr.FA, ABV, CITP Hugh M. Christensen, CPA, ABV, CFF, CVA, Cr.FA Joshua S. Rader, CPA, Cr.FA, ABV, CFF Joan C. Perin, CPA, Cr.FA, CFC, CGMA Richard M.Teichner, CPA, Cr.FA, ABV, CVA, CFF

AMERICAN BOARD OF FORENSIC COUNSELORS® CHAIR: Marilyn J. Nolan, MS William M. Sloane, JD, LLM Rhiannon Condon, LPC, LCSW, LCDC, CADC James B. Clarke, MA, LPC, NCC, MAC

AMERICAN BOARD OF FORENSIC DENTISTRY

VICE CHAIR: George C. Frank, CFC VICE CHAIR: James P. Waltz, PE, MBA, CEM, LEED, AP J.W. “Bill” Petrelli Jr., AIA, NCARB, TAID, CFC Max L. Porter, PhD, PE, CFC Gregory Harrison, PhD, PE Frank Stephenson, PhD, PE Ali Fayad, PE Michael Nunez, PhD, PE John Robbins, PE

Ronna F. Dillon, PhD, CMI-V Paula M. Mackenzie, PsyD Helen D. Pratt, PhD Richard M. Skaff, PsyD Charles R. Stern, PhD, CMI-V Joseph C. Yeager, PhD Donna M. Zook, PhD, CFC Martha Barham, RN, PhD, CFC Keith Franklin Kennett, PhD, MA, BA Madeline M. Daniels, PhD, CMI-V

AMERICAN BOARD OF FORENSIC MEDICINE®

AMERICAN BOARD OF RECORDED EVIDENCE®

CHAIR: Cyril H. Wecht, MD, JD, CFP, CMI-V VICE CHAIR: Matthias I. Okoye, MD, MSc, JD, FRCP, John A. Consalvo, MD Louis W. Irmisch III, MD, CFP, CMI-V Lawrence Lavine, DO, MPH, CMI-V, CFC Kenneth A. Levin, MD, CFP, FACFEI, DABFM, DABFE E. Franklin Livingstone, MD, CFP Manijeh K. Nikakhtar, MD, MPH, CFP, CMI-V John R. Parker, MD, CFP, FCAP Jerald H. Ratner, MD, CFP S. Sandy Sanbar, MD, PhD, JD, FCLM Michael Fitting Karagiozis, DO, MDiv, CFP, CMI-V Michael Cardwell, MD, JD

CHAIR: Gregg M. Stutchman Thomas J. Owen, BA Eddy B. Brixen Stephen C. Buller Ryan O. Johnson, BA Michael C. McDermott, JD Jennifer E. Owen, BA Ernst F. W. (Rick) Alexanderson, BA, MBA Marisa Dery

CHAIR: James H. Hutson, DDS, CMI-V Brian Karasic, DMD, MScFin, MBA, CMI-V Bill B. Akpinar, DDS, CMI-V Stephanie L. Anton-Bettey, DDS, CMI-V, CFC Chester B. Kulak, DMD, CMI-V, CFC Robert Byrd, DDS John Petkanas, DDS, CFC, CMI-V Dennis Flanagan, DDS R. Gordon Klockow, DDS Benjamin Antioquia, DDS, DABFD Kathryn Vitiello, DMD

CHAIR: L. Sue Gabriel, EdD, MSN, RN, CFN, MFS Marilyn A. Bello, RNC, MS, CMI-IV, CFN, CFC Cynthia J. Curtsinger, RN, CFN, SANE Linda J. Doyle, RN, CFN, CMI-III, CLNC Diane L. Reboy, MS, RN, CFN, LNCC, CNLCP Donna Garbacz Bader, MSN, RNC, CFN, CMI-I, CFC

AMERICAN BOARD OF FORENSIC EXAMINERS®

AMERICAN BOARD OF FORENSIC SOCIAL WORKERS®

CHAIR: Kevin Theriault, BS, CFC, CCI Jess P. Armine, DC Ronna F. Dillon, PhD, CMI-V Bruce H. Gross, PhD, JD, MBA Darrell C. Hawkins, JD, CMI-V Michael W. Homick, PhD, EdD John L. Laseter, PhD, CMI-IV Leonard K. Lucenko, PhD, CFC, CPSI Lawrence Lavine, DO, MPH, CFC, CMI-V Marc A. Rabinoff, EdD, CFC Michael Fitting Karagiozis, DO, MDiv, CFP, CMI-V Anthony Kemmerlin, CMI-V, DABFE Ronald G. Lanfranchi, DC, PhD, CMI-IV Luis Rivera, CPA, CFF James A Williams, PhD, CFC Edward Heyden, EdD Henry P. Hambel, PhD, CPP, MEMS-M

CHAIR: Douglas Fountain, PhD, LCSW Nathalie P. Hughes, MSW, CMFSW Tina Jaeckle, PhD, LCSW, CFC, CMFSW Shannon C. Lebak, MSW, LCSW, CMFSW Michael G. Meacham, PhD, LCSW Kathleen Monahan, DSW, CMFSW, LMFT, CFC, MSW Susan P. Robbins, PhD, LCSW, DCSW, CMFSW Steven J. Sprengelmeyer, MSW, MA, LISW, CMFSW Viola Vaughan-Eden, PhD, LCSW, CMFSW Matthew A. Capezzuto, PhD, LISW, AFC James Andrews, MSW, LCSW, CMFSW Christine Routhier, AFSW, LCSW, CMFSW

AMERICAN BOARD OF FORENSIC ENGINEERING AND TECHNOLOGY® CHAIR: Ben Venktash, FRSH(UK), FSW, FSE

AMERICAN BOARD OF FORENSIC NURSING®

AMERICAN BOARD OF CERTIFIED CRIMINAL INVESTIGATORSSM CHAIR: Robert Boyden, PhD, MS, SCSA CHAIR: Dennis Chevalier, CPPP, FIPC, CMI-I Kenneth E. Blackstone, MS, CFC, CCI Eric Lakes, CLWE, MCSE David Millsap, CCI, CMI-III Joseph A. Juchniewicz, MA, CCI, CFC, LPT Marvin “Gene” Bullington, CFC John Daab, PhD, MBA, MPS, CI, CFC, CCI Mark Boutwell, CSI, MI, CMI-I, CCI, CPPP, FIPC Harold F. Risk, PhD, FACFEI, DABPS Henry “Scott” Browne, MS, RS, CCI Thomas R. Price, CFC, CCI, FACFEI, DABFE Dilsher Ali, CAMS, CCI, MS, PCI Cyril H. Wecht, MD, JD, CFP, CMI-V

LEGAL ADVISORY BOARD CHAIR: S. Sandy Sanbar, MD, PhD, JD Joseph F. Connolly, II, MMA, MEd, JD, FRSA Cynthia A. Lee, PhD, JD, CMI-I William “Bill” McClure, DC, JD Robert W. Muench, JD Joshua K Roberts, JD Cyril H. Wecht, MD, JD, CFP, CMI-V Robert D. Hall, PhD, JD Paul D. Friedman, MA, PhD, JD James L. Greenstone, EdD, JD, CMI-I Pamela Ann Geyer, RN, CFN, JD CJ Abraham, PE, PhD, JD Michael Cardwell, MD, JD Robert Fish, DDS, JD, FAGD John F. Romano, JD

AMERICAN BOARD OF PSYCHOLOGICAL SPECIALTIES® CHAIR: Rodolfo J. Rosado, PhD VICE CHAIR: Douglas H. Ruben, PhD Raymond H. Hamden, PhD, CFC, CMI-V Raymond F. Hanbury, PhD, ABPP, LPC Carol J. Armstrong, PhD, MS, LPC

Summer 2013 THE FORENSIC EXAMINER®

WELCOME New Members NEW MEMBERS Benjamin Adam William Allison Emily Andera Brenda Anderson Karen Andros Antoinette Anker Albert Antonini William Bailey Kristie Beatty Lindsay Bennett Marshall Blair Daniel Brumﬁeld Krisi Brunson Meghan Buckner Daniel Butler William Cartier Earnestine Cartier Elliott Chester Denise Cleveland Paul Cohen Lori Combs April Condemi Megan Cox James Davidson Meagan Davis Gary DeBouver Eugenia Di Odoardo Nicolas DiDonato Susan Dietrich DeVonn Dillard Heather DiMercurio Greig Donaldson Ellen Douglas Dale Duchesne Chris Dugger Stephen Earle Kimberly Eaton Christopher Eck Kenneth Einhorn Ayman Felmban Erika Frances Janetta Gee Katy Gheen Nichole Gokenbach Nichole Gokenbach

Paulene Goliver Sheena Havens Sheena Havens Bill Helmeczi Eddward Herron Charlotte Higham-Sowerby Marianne Hill Sarah Howard Ivan Ivanov Sterling Jackson Alan Jaffe Eric Johnson Danielle Jones Tunde Kehinde T. Diane Kirse Felix Klemke John Koenig Brendan Kwong George Lawless Aaron Lee Bruce Levenberg Nikina Lowry-schiller Caitlin Marshall Kathleen Martin Daria Mazzoni Glenn McGovern Ale McLeod Gary Michaels Lori Micho Victoria Minter Shannon Morfeld Lacey Morris Nicholas Mouzourakis Lisa Murphy Austin Murray Yonatan Nagler Leslie Nassios Debra Page Misty Permenter Angela Petrie Melanie Petty Christopher Pontello Alexandru Pop Nicholas Potocska Brian Raymond

Amanda Reese Rick Rithmire Anitra Russell Laurel Rutherford Randy Sandifer Neil Schembre John Scott Jeannette Scott Michele Selfridge Luisa Serna Adam Sharp Linda Simpkins Franklin Singh James Smith MaryAnn Smith Shelly Sommerﬁeld William Stack Michael Stocker Tiong Tan Cole Tarbet Christopher Taylor Ruby Thompson George Timbers Dana Troxclair Joshua Tyquiengco Edward Valentin Danielle Vega Christie Wagg Rebekah Wanger Reshelle Watson Amy Welch Jesse Whitehead Gary Whitelam Glenn Whitted Steven Williams Judith Williams Kenda Willie Ulla Woodard Mi Mi Worth Carl Wycoff NEWLY CREDENTIALED William Allison Natalia Amchislavsky Brenda Anderson

Due to space limitations, degrees and professional designations are not listed.

THE FORENSIC EXAMINER® Summer 2013

Jennifer Antony Denise Atkinson Donna Bader Barbara Baker Debra Ballard Elizabeth Blancher Meghan Buckner Tina Callahan Howard Cannon Valarie Clark David Cole Tiff Cook Emma Cook Emily Cremeans Susan Dietrich Chris Dugger Dario Dzinic Kimberly Eaton Robert Egbert Kenneth Einhorn Yvonne Eisenberg Latatche Farley Rebecca Finn Erika Frances Carin Fuerstenberg Evonne Garza Pamela Gay Therese Hadden Angela Halterman Thomas Harlow David Hawkins Abigail Ho Richard Hoffman Matthew Howard Ashley Huynh Ivan Ivanov Herbert Joe Jennifer Johnson Rahul Kakkar Lewinda Knowles Emil Kolick Robert Korec Kevin Lawrence Delores Long-Coleman Martin Luna Kimberly Marmalich

Maureen McGinnis George Miz Lori Moynihan Yonatan Nagler Monty Nelson Gbenga Oguntade Debra Page Nicholas Potocska John Sagoe James Schaefer Linda Schofel Bruce Singletary John Sloma Thomas Stephens Michael Tydlaska Aaron Vick Christie Wagg Jaimie Wheat Gary Whitelam Tracy Woods Alstone Yeung NEW DIPLOMATE William Akel Joe Alexander Miriam Galindo Ray Paris NEW FELLOW Brad Balmuth Deborah Bruggink Victor Churchill Ronald Coon Thomas Freedland Alan Jaffe Craig Kennedy John LeCapitaine David Richwerger Mohamed Tayob Anna Vertkin Mark Withrow

79<;? D;MI and Announcements

8E7H: KF:7J; ACFEI boards and education committees are working with our new accreditation department. The team is making great strides towards restructuring the certiﬁcation and continuing education programs to adhere to higher standards. With help from our members, we will continue to improve our programs and offer new forms of training and assessment to forensic professionals.

BEEA?D= <EH 7D ;NF;HJ5 If you are not yet listed on the Find an Expert directory, take advantage of this opportunity to be listed under your specialty. Diplomate members receive one free listing and Fellow members receive two free listings. Contact member services to begin, or visit http://www.acfei.com/forensic_services/ specialist/ for more details. If you are seeking employment or employees, utilize our Find a Career job search at http://www.acfei.com/forensic_services/ jobsearch/.

IK8C?J OEKH MEHA As members you have the opportunity to submit articles for peer review and abstracts for conference presentations, contribute to course development, and participate in certification program development related to your specialty field. We hope you are eager to enhance the association by sharing your knowledge. Our journal has published a variety of articles from diverse forensic backgrounds, and the field is constantly growing. We need you, the expert, to help keep us informed of what is happening in the field, new specialties, and needs for training. With your help, we can achieve our goal of setting higher standards in the field and disseminating education to all forensic professionals. Contact member services at cao@ acfei.com or call 800.423.9737 for more information. For article submissions for The Forensic Examiner®, contact the editors at editor@acfei.com.

79>?;L; B?DAI

ACFEI has made it possible for members to earn Links® that can be used to pay for your ACFEI membership dues, certiﬁcation program enrollment, and Executive Summit registration fees through the Achieve LinksSM program. Achieve LinksSM is an association members only program that has a reward point system built in to allow members to shop online with thousands of Achieve LinkSM merchant partners. Use Achieve LinksSM when you are purchasing ofﬁce supplies, booking travel, gift delivery, and more, then use your accumulated Links® towards your association related expenses. Start earning your Links® today by visiting http:// acfei.achievelinks.com to sign up for your free account as a member of ACFEI.

Summer 2013 THE FORENSIC EXAMINER®

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7 97I; E< ÉI;NJEHJ?EDÊ0 The basic framework of the extortionist’s scheme was as cold as it was calculated: contact a young girl on a social networking site using a fake identity, gain her trust, extract some highly personal information, and then threaten to expose her

investigated the Gunn case. “Once he got a picture, the girls would just go along with it. They would do whatever they could to keep their reputations intact.” In one wrenching case, revealed through transcripts read at Gunn’s sentencing

intimate exchanges if she doesn’t assent to escalating demands for sexually explicit pictures or videos.

hearing in January, a 13-year-old victim pleaded that she did not want to take her shirt off in front of a webcam. She told Gunn she had “a life, please do not ruin it,”

The case of Christopher Patrick Gunn, 31, of Montgomery, Alabama, who was sentenced last month to 35 years in prison for producing child pornography through a massive online sextortion scheme, provides a glimpse of how modern-day conﬁdence men are plying their trade against the most vulnerable and unsuspecting victims. By trolling social media networks and lurking in video chats, Gunn was able to reach out to hundreds of young girls and set his bait. In methodically scripted

before ultimately relenting to his demands. To gain the girls’ trust, Gunn primarily used two ruses: In ÇJ^[ D[m A_Z Hki["È Gunn created a fake proﬁle on Facebook and claimed in messages to minors that he was a new kid in town looking to make friends. Once he established a level of trust, he began making demands. In ÇJ^[ @kij_d 8_[X[h Hki["È Gunn pretended to be the teen pop star on several

ruses, friendly conversations would turn personal, with Gunn asking girls about their bra sizes, their sexual histories, and other intimate details. If the girls sent pictures, Gunn demanded more revealing images. If they complied, he set the

interactive video chat services. When Gunn convinced girls he was the singer, he offered them free concert tickets or backstage passes in exchange for topless photos or webcam videos.

hook some more, threatening to destroy their reputations by publishing

Gunn employed these tactics for more than two years, victimizing girls in at

their compromising images, videos, and correspondence. This is a common thread in sextortion schemes, say FBI special agents who investigate these cases. “Once he started in, he got to know

least a half-dozen states and Ireland. The case came to light in April 2011 when junior high school students in a small town in Alabama complained to local police about requests for sexually explicit pictures they received on Facebook. Separate police investigations in Mississippi and Louisiana uncovered

everything about the girls—their friends’ names, their schools, their parents’ names—it was like a script,” said Erik Doell, a special agent in the FBI’s Montgomery, Alabama office who

strikingly similar details. Drawing from the police investigations, the FBI searched Gunn’s home, where a cell phone and laptop computer revealed the massive scope and novel ruses of Gunn’s extortion scheme.

SOURCE http://www.fbi.gov/news/stories/2013/february/sextortion-cons- like-bieber -ruse- targeted-minor -girls/ sextortion-cons-like-bieber-ruse-targeted-minor-girls

NEW IMAGING TECHNIQUE FOR

IDENTIFYING THE AGE AND SEX OF A CORPSE Jan. 23, 2013 — Researchers at the University of Granada, Spain, have designed a new computing system that determines the age and sex of a corpse with a reliability of 95%. This system is based on free software called Image and a free DICOM displayer called K-Pacs. This stateof-the-art system is very different from the traditional macroscopy systems used to evaluate the osteoarticular features of a corpse, and it is much faster and user-friendly. The author of this study is Manuel López Alcaraz, a researcher at the Forensic Anthropology Laboratory of the University of Granada, in collaboration with professors Miguel Botella López, Inmaculada Alemán Aguilera and Pedro Manuel Garamendi González.

THE FORENSIC EXAMINER® Summer 2013

The authors of the study examined 169 DICOM files (Digital Imaging and Communication in Medicine, the international standard for distributing medical images) of CT scans of patients between 17 and 90 years of age supplied by the Castile-La Mancha health service (SESCAM). “Age and sex are essential for the identification of corpses, and the pubis is especially relevant for this purpose. In our study, we exploited the great capacity of computer systems to discriminate between the different gray shades in a histogram (the human eye only can discriminate 64) to determine how histograms can provide information about age and sex,” Lopez Alcaraz states. The researcher notes that this technique might be useful in virtopsies or virtual autopsies. “At present, the main drawback of virtual autopsy is that it cannot replace the macroscopic analysis of tissues for the identification of potential pathologies, determining whether an injury was inflicted

JUSTIN BIEBER PHOTO CREDIT: Phil Stafford / Shutterstock.com

CONS LIKE ‘BIEBER RUSE’ TARGETED MINOR GIRLS

THE CYRIL H. WECHT INSTITUTE OF FO R E N S I C S C I E N C E AND L AW

13TH ANNUAL CONFERENCE OCTOBER 17–19, 2013 Following up on its world-renowned 40th anniversary conference, the Cyril H. Wecht Institute of Forensic Science and Law is pleased to announce its plans to re-convene many of the leading scientific, legal, and investigative experts on the murder case that has fascinated and perplexed us for decades. As the JFK assassination and many of its witnesses, investigators, and researchers begin to recede into history, this 50th anniversary symposium is intended to educate criminal justice and forensic scientific professionals, the general public, educators, and students about one of the most impactful homicides of 20th century American history, and why it still matters today.

before or after death, assessing the course of an injury...etc. As the new technique is based on image analysis, it can be applied to virtual autopsy to provide many more answers than traditional analysis methods. The researcher affirms that this is a step forward in the field of forensic anthropology. “We should replace traditional osteological methods with new technologies and exploit the advantages of the visual communications and image era,” the researcher states. In addition, this study contradicts the traditional assumption in forensic anthropology that the pubis is only useful for the identification of corpses in the age range of 20 to 40 years. “We obtained excellent results in the identification of corpses of people older than 50 years, especially in men,” the author notes. SOURCE http://www.sciencedaily.com/releases/2013/01/130123094303.htm

The Loan

Ranger B a n d i t:

FBI SEEKS SUSPECT THAT MAY BE RESPONSIBLE FOR 10 ROBBERIES IN THREE STATES The FBI and local police in Arkansas, Mississippi, and Texas are seeking a serial armed bank robber dubbed the “Loan Ranger Bandit.” He is believed to be responsible for the October 26, 2012 robbery of the BankcorpSouth in Madison, Mississippi. During the robberies, the armed man, who did not attempt to disguise his face, displayed a note demanding 20s, 50s, and 100s, and received an undisclosed amount of money. To date, no one has been physically harmed. The robber is described as a white male in his early 30s, approximately 5’7” to 6’0” tall, approximately 200 pounds, with a medium build. He has short light brown hair, wears glasses, and has a small mole or mark just above his right eye on the lower part of his forehead. His varied clothing styles have included: athletic wear, jeans, and business attire. He was dubbed the Loan Ranger Bandit for the blue Texas Rangers baseball cap he has worn while robbing banking institutions where loans are offered. The suspect may drive a maroon Chevrolet S-10 pickup truck with a thin white pinstripe around the truck bed. THE SUSPECT IS CONSIDERED ARMED AND DANGEROUS. IF YOU HAVE ANY INFORMATION CONCERNING THIS CASE, PLEASE CALL THE FBI AT 1-800-CALL-FBI OR SUBMIT A TIP ONLINE AT HTTP://TIPS.FBI.GOV. SOURCE http://www.fbi.gov/jackson/press-releases/2013/fbi-seeks-loan-ranger-bandit?utm_ c a m p a i g n = e m a i l - Im m e d i a t e & u t m _ medium=email&utm_source=fbi-in-thenews&utm_content=185655

Summer 2013 THE FORENSIC EXAMINER®

ENRICHING OUR CERTIFICATIONS Receiving a certification through ACFEI is a significant achievement. Certification validates your knowledge, skills, and abilities within your chosen field. Because certification is important to you, our members, we are working hard to make sure you receive the most benefits possible. One step in this is aligning our certification programs with accreditation practices in preparation of applying for accreditation. Find more info about certifications and accreditation below.

WHAT IS CERTIFICATION?

WHAT IS A CERTIFICATE PROGRAM?

Certification is the process through which an organization grants recognition to an individual,

A certificate program is a program of education that results in a certificate of completion rather than a

organization, process, service, or product that meets

degree. CERTIFICATE PROGRAMS: t Are undertaken voluntarily t Are non-degree granting t Involve educational or training programs which

certain established criteria. CERTIFICATIONS: t Are undertaken voluntarily t Are non-degree granting t Evaluate the individual’s current knowledge, skills, and competencies t Offer credentials t Do not require an educational or training program

provide participants knowledge that will be evaluated after completion of the program t Offer certificates of completion t Require an educational or training program

AMERICAN COLLEGE OF FORENSIC EXAMINERS INSTITUTE’S CERTIFICATIONS American College of Forensic Examiners Institute® and its sub-boards are enhancing their current certification programs in the various fields of forensics such as forensic accounting, forensic nursing, forensic consulting, and criminal investigation. Additional ACFEI programs will adhere to this practice as well. The goal of each program is to validate the professional knowledge and skills of certified individuals in the area as it relates to forensics. This is no small task. THE ASSOCIATION IS IN THE PROCESS OF ENHANCING CERTIFICATIONS BY COMPLETING THE FOLLOWING STEPS: t Establishing certification program policies t Identifying job tasks t Developing exams t Operating continuing education programs to maintain certification These processes align with industry standards such as those set forth by the National Commission for Certifying Agencies (NCCA) and are driven by Subject Matter Experts. The Subject Matter Experts have many tasks, but they are currently writing Job Task Statements. These statements identify job tasks that entry-level professionals in that field can perform competently. These statements are used to shape and define the scope of each certification. In this way, those who hold certifications from the American College of Forensic Examiners Institute can be confident their credentials are relevant to their specialty.

THE FORENSIC EXAMINER® Summer 2013

800.423.9737 t www.acfei.com

What is Accreditation? Accreditation is the process by which a credentialing or educational program is evaluated against defined standards, and when in compliance with these standards, is awarded recognition by a third party. The American College of Forensic Examiners Institute is currently aligning certification programs with NCCA standards in anticipation of applying for accreditation through NCCA for its certifications. Find out more about accreditation and NCCA below.

ABOUT NCCA The Institute for Credentialing Excellence (ICE) is the most prestigious organization dedicated to providing educational, networking, and advocacy resources for the credentialing community. ICE’s accrediting body, the NCCA, evaluates certification organizations for compliance with the NCCA Standards for the Accreditation of Certification Programs. NCCA’s standards exceed the requirements set forth by the U.S. Equal Employment Opportunity Commission. ICE is a nationally recognized standards developer.

BENEFITS OF ACCREDITATION Potential Benefits to the Field: t Standardizes practices and/or standards within an industry t Advances the specialty/field t Increases cooperation between organizations in the same discipline t Provides a means for an industry to self-regulate Potential Benefits to Those with Current Certification: t Grants recognition of knowledge and skills by a third party t Enhances professional reputation t Provides personal accomplishment t Supports continued professional development t Demonstrates a high level of commitment to the field of practice t Demonstrates a specific level of knowledge and skill

t May increase opportunities for career advancement and/ or increased earnings t Serves as a differentiator in a competitive job market Potential Benefits to Employers: t Improves customer satisfaction t Increases competence level of employees t Aids in making employment decisions t Provides professional development opportunities for employees t Continually enhances knowledge and skills t Increases confidence in employees’ abilities t Demonstrates employers’ commitment to competence t Can provide means to establish and enforce an ethical code t Can provide compliance with industry regulation/ government requirements Potential Benefits to the Public: t Standardizes practice and/or standards within an industry t Advances the specialty/field and increases cooperation between organizations in the same discipline t Provides a means for an industry to self-regulate t Helps in identifying qualified service providers t Increases confidence in service providers t Provides disciplinary process to follow in case of complaints

Summer 2013 THE FORENSIC EXAMINER®

Board Spotlight Staff Members with the American Board of Forensic Engineering and Technology at the 2012 Executive Summit in Las Vegas, NV.

American Board of

FORENSIC ENGINEERING & TECHNOLOGY® It is my pleasure to introduce the American Board of Forensic Engineering and Technology®. Forensic engineering is a very specialized field, and the need for certified forensic engineers is high. The Board has realized the need for certified forensic engineers, and the preparations are underway to develop a certification covering the various areas of engineering. The Board is comprised of 10 well-known forensic engineers who are all extraordinarily qualified in their fields of technical specialty, and are renowned in addition by virtue of their extensive experience and skills in forensic engineering practice, as well as being notable speakers, lecturers, and authors in their fields. Three of our board members are highlighted on the next page.

Ben Venktash, DABFET, DABFE, FRSPH (UK), FIET (UK) Chair, American Board of Forensic Engineering and Technology. Chair Ben Venktash and Vice Chair George Frank presenting at the 2012 Executive Summit

THE FORENSIC EXAMINER® Summer 2013

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FRANK STEPHENSON

JOHN ROBBINS

JAMES WALTZ

Go online to http://www.abfet.us/board/ to view the rest of the board’s bios

James P. Waltz, PE, CEM, FACFEI, is a mechanical engineer who practices in the ﬁeld of facilities engineering, specializing in investigation and analysis of the infrastructure systems in existing buildings as well as the development, design, and implementation of facility remediation, restoration, and energy efﬁciency projects. Typical clients include hospitals, universities, large commercial buildings, and federal, state, and local government facilities. Besides being a Fellow of ACFEI, he is also a founding member and Hall of Fame honoree of the Association of Energy Engineers. His forensic practice experience includes over 50 cases including construction defects, related personal injury, economic damages, and personal injury. “One of the most interesting cases for which I have provided forensic engineering services regards a county courthouse that was undergoing

seismic retrofit. Unfortunately, the project manager and construction manager mishandled the work, which resulted in the exposure of the building occupants to asbestos released during the construction-related work. This case started with a criminal case pursued by the attorney general’s office, followed by multiple suits filed by the building occupants, and concluded with a lawsuit filed by the county against the project manager and construction manager. The case(s) required field investigation, research, and analysis of correspondence and case documents, interviews of percipient witnesses, report writing, preparation of demonstratives, and deposition. To date, all matters have been settled out of court.” As regards to the ACFEI, Mr. Waltz states: “The designation of being a board-certified forensic engineer of the ABFET has served me well when interviewed by counsel on prospective cases, and when undergoing voir dire prior to providing testimony. The professionalism and stature of the ACFEI has materially contributed to the success of my forensic practice.”

John A. Robbins, PE, FACFEI, DABFET, is a registered professional engineer in the states of Florida and North Carolina, with 37 years experience as a consulting engineer. He has provided expert witness testimony in the ﬁelds of forensic, civil, environmental, utility, public works, sanitation, and audio engineering. Mr. Robbins is a peer review consultant for the Florida Board of Professional Engineers, a professional member of the Institute of Food Technologists, a lifetime member of the American Water Works Association, has over 30 years of experience as a continuing education provider, and has been a member of ACFEI since 1999. Mr. Robbins holds two U.S. patents for the invention of the Electric Pulse process for the reduction of micro-organisms in various mediums. Mr. Robbins is an award winning musician and producer and a former World Skydiving Champion. “My work in forensic engineering involves many types of engineering investigations. One of my most notable forensic investigations was related to a failure on start-up of a new water treatment facility that was owned by a private utility company. The private utility company contracted with a design/build contractor to construct a new membrane treatment

facility that was to meet new drinking water standards for disinfection by-products (total trihalomethane and halo acetic acids). I was retained as an Attorney Work Product to determine the cause of the facility’s inability to meet the new Drinking Water Standards and to redesign the facility so as to achieve compliance with the water quality standards. A water quality sampling protocol was developed and a water quality proﬁle across treatment units was completed, along with a review of historical water quality data, original design drawings, reports, and calculations. The investigation revealed the wrong type of membrane technology was originally designed and constructed. As a result, the treatment facility was redesigned and the appropriate type of reverse osmosis membrane treatment units were installed. The facility then achieved compliance with all water quality regulations. Litigation was initiated between the private utility and the design/build contractor and original design engineer. The private utility settled the case with the defending parties.” “Forensic engineering can be multidisciplinary and require many different types of specialty training and experience. A lead forensic engineer may need to seek council from peers of different disciplines in completing investigations. The ABFET is a tremendous resource of highly trained and experienced individuals who can provide insight and assistance in carrying out project assignments.”

Frank A. Stephenson, PhD, PE, FACFEI, is a process engineer practicing in numerous engineering settings: reverse osmosis; ion exchange; chemical storage, delivery, and online chemical analyses; valve and valve actuation design and evaluation; process pump engineering including Reed critical analyses; and the mixing and dynamics of fluids. Typical clients include nuclear, coal, and natural gas-fired power plants; petrochemical refineries; copper and other precious metal mining; and microelectronics industries. In addition to being a Fellow of ACFEI, he is also a Senior Lead Auditor for NIAC and NQA-1 audits of nuclear power plant suppliers and contractors. His forensic experience includes membrane failure autopsy and analysis; machine, pressure vessel, and motor failure; analysis of the corrosion of various materials and its prevention; and the dynamics and analytical chemistry of aquatic systems.

“My most recent endeavor involved performing critical harmonic analyses of three seawater vertical pump discharge head design configurations. As originally designed, the critical frequency of the discharge heads geometry coincided with the standard running speed of the motors. Had these three units been fabricated and installed as per the original design, the systems would have vibrated to self-destruction. By changing the geometry of the discharge heads, including changes to the thickness of the steel used in their construction, the revised design harmonics were twenty-five percent lower than the operating frequency of the motors, thus ensuring a successful and trouble-free operation.” “Being a Fellow of the well-known and highly respected ACFEI has substantially strengthened my knowledge base through the forensicrelated information available to members, and has added to my credibility in the field. The exposure to so many professionals who are each experts in their various fields is exciting, and the continuing education offered is most rewarding.” Summer 2013 THE FORENSIC EXAMINER®

SOLVABILITY & RISK FACTORS: A COLD CASE INVESTIGATION

BY SALLY KEGLOVITS, GREGG McCRARY, AND KATHERINE RAMSLAND, PhD, CMI-V

ALL FOUR MEMBERS OF THE WALKER FAMILY WERE SLAIN IN 1959 IN THEIR HOME NEAR SARASOTA, FLORIDA. During the past half-century, numerous suspects have been considered and eliminated. Among them were the drifters, Dick Hickock and Perry Smith, who had murdered the Herb Clutter family in Kansas the month before. Their denial, supported by polygraphs, initially eliminated them. However, in December 2012, law enforcement officials exhumed Hickock and Smith for DNA comparisons. Regardless of the results, this investigation presents an opportunity to consider methodology in the context of solvability factors and priority analysis. When public funds support cold case investigations, investigators must use best practices.

COLD CASE IN FLORIDA On December 19, 1959, someone killed Christine and Cliff Walker in their modest home in Osprey, FL, along with their two children, Jimmy, 3, and Debbie, 2. Cliff worked the land, while Christine was a homemaker. She had several male admirers and was rumored to be having an affair. The Walkers’ last day opened with a trip to Sarasota for supplies. Cliff wanted a new car, so they also test-drove a Hudson Jet at a Chevy dealer. On the way home, they visited Don McLeod. There, Don and Cliff loaded a jeep with cattle feed while Christine took the family car home. Shortly thereafter, Cliff and the kids followed in the jeep.

THE FORENSIC EXAMINER® Summer 2013

Christine arrived around 4:00 p.m., but she parked away from her usual spot. Inside, she put away her purse and the groceries. What happened next is unclear, but someone punched her in the face, raped her in her son’s bedroom, and shot her twice with a .22-caliber gun. Her body was wiped clean and dragged into the living room. As Cliff and the kids arrived around 4:30, he left the feed and his gun in the jeep and went straight to the house. As he entered, he was fatally shot in the face. Jimmy, shot three times, died next to him. Debbie was near her mother’s body when she was shot in the head. She did not die, so the intruder, apparently out of bullets, drowned her in the bathtub.

McLeod found them the following morning when he arrived for a scheduled hunting trip. He was first on the list of suspects. The physical evidence consists of semen from the rape, .22 bullet casings, a bloody cowboy boot print, two strands of hair (one black, one blond), and a partial print (finger, thumb or palm) on a bathroom faucet. In a shed a mile away was bloody clothing belonging to Cliff and Christine. From items discovered missing, it was assumed that the killer took Cliff ’s pocket knife, a carton of cigarettes, the Walker’s framed marriage certificate (hanging in the living room), and Christine’s prized majorette uniform from high school (kept wrapped in a cedar chest).

FEATURE VICTIMOLOGY We cannot overestimate the importance of victimology, the comprehensive study of the victim(s). This is critical to crime analysis and one of the most beneficial investigative tools for solving a violent crime. The goal is to accurately place the victim(s) along a risk continuum from low to moderate to high, and to calculate whom the victim(s) might have encountered. This is accomplished by evaluating the victim(s)’s situational and lifestyle variables. We try to determine what, if anything, elevated the potential for being the victim of violence. Known risk factors include involvement in criminal activity, severely strained personal relationships, financial problems, and drug use. Once risk factors are identified, they must be integrated with the analysis of all forensic and behavioral evidence in an effort to develop potential motives. Homicides are the least common index crime, accounting for about one-tenth of one percent of all Part I crimes in the United States in any given year. Multiple victim homicide is even more unusual. In these cases, we must determine if there appears to be a primary victim, that is, a victim who was specifically targeted, rendering other victims as secondary. If so, this individual’s victimology becomes key. During victimology, we start with the victim(s) and work out in concentric spheres. The first sphere typically includes immediate family members, intimate partners, etc. The next sphere includes friends, associates, co-workers, neighbors, and distant relatives. The least likely scenario, on the outside circle, is a stranger-based homicide. While these clearly occur, investigators should work their way to this hypothesis by first painstakingly investigating and eliminating those closest to the victim, especially anyone harboring a potential motive to harm. Also, cold case investigators should look for similar crimes, or attempts, in the immediate geographic area both before and after the incident under investigation. Only when these possibilities have been thoughtfully eliminated should investigators seriously consider the hypothesis of a random, stranger-based homicide. STRATEGIC INVESTIGATION So, working out from the Walkers, investigators were convinced that someone who knew them had killed them. Christine had parked

in a different spot that day, suggesting that someone else’s car was in hers. Apparently unconcerned, she entered the home and put groceries away, suggesting the visitor (if she was aware of one) was someone she knew. If the killer took her majorette uniform and marriage certificate, as suspected, this suggests the removal of trophies with personal significance. Apparently, Cliff was concerned enough about whoever was there to leave the feed in the jeep and go right to the house. Drowning the daughter rather than just smothering or giving her a quick blow to the head suggests that she had significance to the killer. It takes a while to fill a tub with four inches of water, so she was treated quite differently. Reportedly, Christine had asked someone recently about how to terminate a pregnancy, and if she was having an affair, perhaps the child was not Cliff ’s. In addition, Cliff had recently been in a serious brawl. In terms of close acquaintances, their friend Don McLeod had discovered the bodies, but he was quickly cleared with a polygraph and later with DNA analysis. Elbert Walker, Cliff ’s cousin, had harbored an attraction to Christine, but a polygraph and later DNA testing also cleared him. Curtis McCall had been Christine’s high school boyfriend. In 1963, his cousin advised police that Curtis and Christine were having an affair. The impulsively violent Curtis owned a .22-caliber gun and his initial polygraph results were inconclusive. A second administration indicated that he’d withheld information. He subsequently left the area. His whereabouts are currently unknown. It’s not clear if DNA testing eliminated him, so he remains a solid suspect. Another lead pointed to Wilbur Tooker, a 65-year-old neighbor who reportedly lusted after Christine. One person stated that Tooker had tried forcing Christine into bed and Cliff had banned him from their home. Tooker had no alibi. He died in 1963. It is unknown whether he underwent a polygraph exam, and since DNA testing did not exist in 1963, he was not eliminated with this method. He, too, remains a viable suspect. DNA analysis has eliminated at least thirty other suspects. Then, there was the pair of killers passing through the area, driving the type of car Cliff may have wanted. They were investigated as well, since they had murdered a family of four just a month earlier.

THE BIG SCORE During the night of November 14, 1959, Dick Hickock drove down the dirt lane of Herb Clutter’s River Valley Farm in Holcomb, Kansas. From discussions with a former farmhand and fellow inmate, Floyd Wells, Hickock believed he would find a safe full of money there—$10,000 to be exact. With him was another former inmate, Perry Smith. However, a decade had passed, so Wells couldn’t have told Hickock that Clutter had built a new house, sans safe, erasing Hickock’s dream of a “big score.” Armed with tape, rope, a knife, a 12-gauge shotgun, and a rudimentary map, Hickock and Smith entered the home around midnight. They found no safe. Upset, they woke, separated, and bound Herb Clutter, his wife, sixteen-year-old daughter and fifteen-year-old son. Clutter insisted he kept no money in the house. Hickock was angry. Having sworn to leave no witnesses, he and Smith shot them all. The killers took $40, four silver dollars, and two pawnable items: binoculars and a portable radio. They headed for Mexico, forging checks and pawning the radio and binoculars. As they ran low on cash, they returned to the U.S., where they stole a 1956 Chevy Bel Air. On the run, they drove as far as Miami, Florida, before heading west again. Captured in Las Vegas on December 30 (thanks to a tip from Wells), they had a box of clothes and two pairs of boots. The 12-gauge was confiscated from Hickock’s parents.

TRUMAN CAPOTE immortalized this case in his bestselling classic, In Cold Blood. Hickock and Smith were tried and convicted. Sentenced to die, they were hanged on April 14, 1965, and eventually buried in the Mount Muncie Cemetery in Lansing. While in Florida, they’d seen news about the Walker family slaughter. Smith told Capote his reaction: “Amazing!…I wouldn’t be surprised if this wasn’t done by a lunatic. Some nut that read about what happened out in Kansas.” Little did he realize that, more than fifty years later, he and Hickock would become the prime suspects. Summer 2013 THE FORENSIC EXAMINER®

Christine. “I think my gut tells me that we’re on the right track,” McGrath stated. With her details in a sealed affidavit, Florida officials persuaded the Kansas Bureau of Identification to exhume the skeletal remains and extract the DNA. News reports indicate that an unidentified polygraph analyst dismissed the results of polygraphs performed during the 1960s, which knocked out one hindrance to reopening the case against Hickock and Smith. In light of more precise DNA analysis, law enforcement agreed that the expense of an exhumation was justified. The samples were sent to a lab in Kansas, where as of this writing, they remain. The procedure involves comparing the known DNA from Smith and Hickock to samples of an unknown subject removed from semen in Christine Walker’s underwear. They probably used miniSTR testing (not yet revealed), which increases the chances of extracting readable nuclear DNA from compromised samples. However, this focus on Hickock and Smith raises the question of why their status as viable suspects was prioritized over others, at least one of whom could have been exhumed at a lesser cost.

Richard HICKCOCK 18

THE FORENSIC EXAMINER® Summer 2013

COLD CASE, REVISITED During an interview for a Tampa Bay news show in December 2012, Sarasota County Sheriff Detective Kim McGrath described working on the Walker case since 2007. She has zeroed in on Hickock and Smith as the most viable suspects, believing that Hickock had met the family and wanted to rape

LINKAGE ANALYSIS AND SOLVABILITY Risk analyses for cold case investigations are based on an assessment of likely risks and consequences to the community. Consequences to the community may include the level of risk for additional violence if the offender(s) are at large, as well as pragmatic considerations such as the cost. It is important to provide a cost projection that would include the length of investigation, methods, objectives, and manpower needs. Exhuming a body, for example, involves a backhoe, cemetery expenses, food and lodging for the team, travel expenses, insurance, and security at the site. Costs are weighed against the probability of success, which depends on solvability factors, such as having a good suspect, available witnesses with new information, new evidence, or a once-intact relationship that has broken up. New technologies can move a case up the solvability scale, as can something that was not utilized in the original investigation, such as linkage analysis.

Top priority cases would have welldeveloped suspects and preserved evidence on which new technology can be used: Biological evidence can be tested with new techniques, for example, or fingerprints that can be entered into expanding databases. Cases with many unknowns, or those with high expense and little payoff, are relegated to the lowest priority. ISSUES IN THE WALKER CASE Although the affidavit for exhumation is sealed, sufficient details have leaked into news sources, with considerable overlap, to evaluate the case for exhuming Hickock and Smith. How does the physical evidence listed above compare against them? Hickock had a pocket knife when arrested that Florida officials now believe was similar to the knife missing from the Walker residence. However, pocket knives are class evidence unless there is some individualizing mark. There were two sets of boot prints at the Clutter house. The Cat’s Paw motorcycle boot print does not match the Walker print. The other print bore a diamond pattern, and no one from the 1960 investigation said it’s a match. With so many reporters and cops walking through the Walker house, it’s not even clear that the perpetrator left the print. Perhaps the sealed affidavit includes more information. Fingerprints taken from Hickock and Smith failed to match the print recovered from the Walkers’ bathroom. The two foreign strands of hair apparently have no skin tag, or this would have been tested already. Consistency with hair from Hickock and Smith would not be conclusive. The Walkers were killed with a .22-caliber gun while the Clutters were murdered with a 12-gauge shotgun, which Hickock had left with his parents before going to Florida. No .22 was found on them upon their arrest. Comparing motives, Clutter had been targeted for his wealth and the murders were collateral damage. Smith and Hickock had removed only items from the Clutter home that could enrich them. Items removed from the Walker home (if the killer did take them) were merely personal, and Cliff had no money.

In addition, the Walkers’ killer left behind a pile of wrapped Christmas gifts that could easily have been pawned. Regarding a rape angle, some speculate that because Hickock and Smith had a car of the model that reportedly interested Cliff (but not the model he test-drove), he’d encountered them in town. Thus, they might have seen Christine and decided to rape her. However, Smith had thwarted Hickock’s planned rape of Nancy Clutter, so it’s unlikely he would go with Hickock to the Walkers for this purpose. Still, Hickock could have gone alone.

Perry SMITH

Summer 2013 THE FORENSIC EXAMINER®

The former Clutter residence in Kansas The grave of Mr. and Mrs. Clutter

Yet he had no reason for taking the marriage certiﬁcate and majorette uniform. Nor would he have known about the distant shed where clothing stained with Cliff and Christine’s blood was found. Investigators today also base their linkage on eyewitness reports, but there are issues with this. In 1960, Sheriff Ross Boyer determined that Hickock and Smith had driven down U.S. 27, placing them near (but not in) Sarasota and Osprey. He had the Sarasota Herald-Tribune run their mugshot photos, headlined, “Have You Seen Them?” Citizens came forward to describe seeing the Kansas killers near Osprey at the time of the Walker murders. One witness recalled that Cliff had spoken with them about buying their Chevy. Another reportedly saw Hickock’s scratched face. EYEWITNESS MEMORY Memory is a reconstructive process; it does not reproduce like a video recorder. During encoding, storage, and retrieval, memory is vulnerable to numerous factors that can alter it. One factor, for example, involves the simple act of making sense. Eyewitnesses logically reconstruct how an incident probably happened, and their inferences get entwined with the encoding. Details that fail to ﬁt a coherent story erode. When we witness an event, we typically encode fragments of information from the environment. These fragments become integrated with information from diverse sources. In addition, memory changes over time. Problematically, we have little insight about

THE FORENSIC EXAMINER® Summer 2013

this change, so we fail to notice. Yet once our memory does change, there is no original to which we can return for comparison. Researchers have identified contaminants from four basic sources: the eyewitness, the perpetrator, the incident observed, and the procedures for obtaining witness information. The issue relevant to this case involves the retention interval between encoding and recall. Post-event suggestions, such as photos and lineups, can reshape a memory toward a presented appearance. Such information is most easily integrated into incomplete or hazy memories, because there are fewer anchoring details with which it might conflict. If we couple logic and post-event interference with a cognitive phenomenon called “unconscious transference,” we have a perfect storm of mental influences. With unconscious transference, the witness sees a suspect in another context (the newspaper photos). The witness then identifies a suspect on the basis of familiarity. The witness has correctly recognized the individual but misidentifies the circumstances. In the Walker case, witnesses came forward only after seeing the infamous Clutter killers’ mugshots in the local paper. The probability is high that a sense of familiarity assisted their

recollections, especially when a link between two family slaughters made logical sense. It’s also less stressful for townspeople to associate strangers than known acquaintances with such a shocking incident. Knowing that eyewitnesses were inadvertently inﬂuenced in those days due to poor handling, we can surmise that some of the factors that contaminate memory were present.

OUR CONCERNS REGARDING THE EYEWITNESS REPORTS ARE: 1. Witness exposure to the person seen lacked context and was thus fragmentary and easy to penetrate with new information. 2. The newspaper photos became suggestive post-event information. 3. Possible witness exposure to national news created conditions for unconscious transference. 4. The logic of linking four members of one family to four members of another, along with other similar factors, influenced confirmation bias.

Photos courtesy of Dr. Katherine Ramsland

ABOUT THE AUTHORS SALLY KEGLOVITS is a former Federal Probation Officer. She is currently an instructor in criminal justice at DeSales University and is an expert on the Clutter murders.

FINAL CONSIDERATIONS Relying on gut feelings about suspects rather than performing a strategic victimology risks a cognitive distortion called focalism, or getting attached to specific information and adjusting all data toward it. This leaves the investigation vulnerable to items that “feel right” over objective evaluation. Focalism raises the significance of certain items to fit a pre-determined context. Best practices offer a structure for avoiding this approach. Solvability priorities for cold case investigations apply resources to the most likely suspects first. For example, the child who was treated differently could be exhumed and tested for paternity, and the sexually aggressive neighbor could be exhumed for DNA testing. In addition, a more diligent search with today’s networks might locate Christine’s former boyfriend. These individuals are in the circles of associates closest to the victims. People can always surprise us, and we don’t yet know the DNA results for Hickock and Smith, but cold case investigations should be selected based on a hierarchy of solvability and risk factors. Probability trumps possibility. Because the evidence in the Walker case—even collectively—seems weak, the DNA might be degraded, and the expense was

considerable, best practices required investigating what victimology dictates. The two best suspects, one of whom could be exhumed, were never conclusively cleared. SOURCES: Ask, K., & Granhag, P. A. (2005). Motivational sources of conﬁrmation bias in criminal investigations. Journal of Investigative Psychology and Offender Proﬁling, 2(1), 43-63. Capote, T. (1966). In Cold Blood. New York, NY: Random House. Deffenbacher, K. A., Bornstein, B. H., & Penrod, S. D. (2006). Mugshot exposure effects: Retroactive interference, mugshot commitment, source confusion, and unconscious transference. Law and Human Behavior, 30, 287-307. Doig, M. (2005, Dec. 19). The Walker murders. The suspects: A litany of names and clues. Herald-Tribune. Loftus, E. F. (1979). The malleability of human memory. American Scientist, 67, 312–320. Loftus, E. F., & Hoffman, H. G. (1989). Misinformation and memory: The creation of new memories. Journal of Experimental Psychology: General, 118, 100–104. Lord, C. G., Ross, L., & Lepper, M. R. (1979). Biased assimilation and attitude polarization: The effects of prior theories on subsequently considered evidence. Journal of Personality and Social Psychology, 37, 2098-2109. McFarland, S. (2012, Dec. 12). Could DNA evidence heat up a 1959 cold case? Herald-Tribune. Stelfox, P., & Pease, K. (2005). Cognition and detection: Reluctant bedfellows? In M. Smith & N. Tilley (Eds.), Crime Science: New Approaches to Preventing and Detecting Crime (pp.194-210). Cullompton, UK: Willan Publishing.

GREGG O. McCRARY is the director at Behavioral Criminology and is a former member of the FBI’s famed Behavioral Analysis Unit. He frequently consults on cold cases and has taught courses on the methodology of cold case investigations for the Henry C. Lee Institute. McCrary coauthored The Unknown Darkness: Profiling the Predators among Us. KATHERINE RAMSLAND, PhD, CMI-V, has published over 1,000 articles and 47 books, including The Mind of a Murderer and The Science of Cold Case Files. Dr. Ramsland is a professor of forensic psychology at DeSales University in Pennsylvania and has been a member of the American College of Forensic Examiners Institute since 1998.

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AMERICAN BOARD OF LEGAL MEDICINE | AMERICAN COLLEGE OF FORENSIC EXAMINERS INSTITUTE

E. Franklin Livingstone

SUCCESS FILES

COURTROOM TIPS: 1. ALWAYS BE AVAILABLE AND CORDIAL Obviously, attorneys are busy and may be going through a list of possible experts. Don’t miss the call or e-mail! You may well not get a second chance. If your presentation is not cordial and respectful, you will not likely get picked for the case. Be available 24/7 by phone, text, and e-mail. 2. CHECK TIMELINES EARLY AND OFTEN One must always be on time with contacts and reports, or other work product. You will not get picked again by attorneys who have had to struggle with you over non-timely work or reports. 3. DOCUMENT EVERYTHING ‘nuff said? 4. TRY TO MAKE EVERY REPORT THE BEST YOU HAVE EVER WRITTEN The Independent Medical Examination (IME) report is the most important representation of your professionalism and expertise, which will be scrutinized by many attorneys in any given case. A great report is an incredible marketing tool. It should be detailed but not superﬂuous, and it should be thoroughly edited for spelling, grammar, and punctuation. Get help with editing. I know that I have some difﬁculty editing my own work. 5. BE TOTALLY PREPARED FOR ANY DEPOSITION OR COURTROOM TESTIMONY If you are not prepared, you will not be asked to do further work/ cases by those depending on your expertise and testimony. Always ask the attorney to help prepare you before any testimony, and take good notes throughout the progression of the case to make preparation easier and more effective.

L E S

6. APPEARANCE MATTERS Most don’t appreciate the thoughtlessly dressed, poorly groomed, or improperly mannered. I hope this is helpful. Following these six points has served me well over the past 25 years.

By E. Franklin Livingstone, MD I am an MD specializing in physical medicine and rehabilitation, a physiatrist. In the forensic realm, I am usually called to evaluate physical impairments, functionality, disability, and life care planning in catastrophic injury cases. Occasionally, I am involved in causation issues, malingering as well as appropriate rehabilitative treatment. There are many aspects to success in this ﬁeld. As in other forensic specialties, there is no substitute for the expertise that is founded in knowledge, training, and experience. I’ll assume that this expertise level has been attained, and get to some more mechanical issues.

E. FRANKLIN LIVINGSTONE, MD is a physical medicine and rehabilitation specialist (physiatrist) in Lake Havasu City, Arizona. He practices general and forensic physiatry (rehab. medicine) and electrodiagnosis (EMG/ NCV). He is board certified by the American Board of Physical Medicine and Rehabilitation. Dr. Livingstone developed an interest in this field because of his personal experience after a motor vehicle accident resulted in spine and spinal cord injuries and L-2 level paraplegia at the age of eighteen. He is a Fellow of the American College of Forensic Examiners Institute®, a Diplomate of the American Board of Physical Medicine, Fellow of the American Academy of PM & R, a Fellow of the American Academy of Disability Evaluating Physicians, and a Diplomate of the American Academy of Pain Management. Learn more about Dr. Livingstone at his website: http://www.doctor-livingstone.com.

Summer 2013 THE FORENSIC EXAMINER®

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I AM _PREDATOR By Michael Nuccitelli, PsyD, CFC

A N

I N F O R M A T I O N

A G E

P A R A B L E

NOTE TO READERS: The parable titled, “I AM IPREDATOR,” authored by ACFEI member Michael Nuccitelli PsyD, CFC, is an allegorical story not to be considered a literal interpretation. The purpose of this article is to present to readers a short literary metaphor about why it is important to create awareness of the dangers lurking in cyberspace and how society has become intoxicated and disconnected by Information and Communications Technology. From a homeland security, cyber criminal, and digital deviance standpoint, national activism must start immediately. America must actively encourage all citizens to become familiar with the basic tenets of cyber homeland security, digital citizenship, and Internet safety via cyber security practices.

THE FORENSIC EXAMINER® Summer 2013

Hello, allow me to introduce myself. I am iPredator. You probably have not heard of me, but I was here long before you and will be here long after you are gone. Over the millennia, since the beginning, I have been given many names, many reasons for existing, and many places of residence. You cannot see, hear, touch, taste, or smell me. Nevertheless, I assure you, I am real. So real, I walk unfettered throughout the universe and amongst all humanity, preferring to keep myself undetected and quiet. I do not require an abode because I reside in you. My home lies within your soul, mind, and conscience. The question to be answered is if you will respond to my calling when I request your attention.

As I had predicted long ago, which will be true ad nauseum until the end of time, humanity has once again created a portal allowing my long-awaited return. For those of you who are typical inept humans, Portal: por·tal /’pôrtl/ Noun: A doorway, gate, or other entrance. In a mere five decades, humanity has created the realm you call cyberspace. As you may know, cyberspace is defined as a global network of interdependent information technology infrastructures, telecommunications networks, and computer data processing. How eloquent a definition for a realm that created a portal for me to visit. To me, cyberspace is nothing more than an abstract artificial universe connecting every

_PREDATOR “YOUR VIRTUAL WORLD IS NOTHING MORE THAN A SERIES OF ELECTRONIC IMPULSES PASSING THROUGH AT LEAST ONE DIGITAL DEVICE: UP TO BILLIONS OF THEM.”

human who enters, offering the ability to effect and inﬂuence each other. Moreover, the last time I checked, in 2013, approximately ⅓ of you are connected in cyberspace. The beauty of who I am, being an immortal and inﬁnite construct, is my capacity to practice pristine patience. Using basic mathematics and laws of probability, it is safe to say that within the next century 100% of your kind will be active and dependent upon Information and Communications Technology (ICT). Just as a knife is used as both an implement for cutting and as a weapon, ICT is a tool serving the purpose of connecting humanity in cyberspace. From this connection in cyberspace, a planetary digital thread connecting all humans

A child, adult, group or nation who, directly or indirectly, engages in exploitation, victimization, stalking, theft, or disparagement of others using Information and Communications Technology (ICT) iPredators are driven by deviant fantasies, desires for power and control, retribution, religious fanaticism, political reprisal, psychiatric illness, perceptual distortions, peer acceptance, or personal and financial gain. iPredators can be any age, either gender, and not bound by economic status, race, or national heritage. Whether the offender is a cyberbully, cyberstalker, cyber harasser, cyber criminal, online sexual predator, Internet troll, or cyber terrorist, they fall within the scope of iPredator. is born. Having incredible patience, waiting another century is like a nanosecond where I hail from. When the 100% connected threshold is reached, it will be the ﬁrst time in humanity’s existence, what you call a “global community,” that every surviving person will be able to obtain, exchange, and disseminate information with each other. Not only is that a highly creative feat, but an attainable endeavor I did not think possible at your stage of evolutionary development. Not that I thought humanity was incapable of such an accomplishment, but I did not think your species was stupid enough to create this metaphorical connected thread in a virtual environment. Moreover, what is a virtual environment? Simply stated, a virtual environment is an imitation or facsimile of reality that creates an illusion. And if

you know anything about me, you will concur creating illusions is my favorite pastime. Virtual environments and virtual worlds are not “real” in the concrete sense like actual physical places. Your virtual world is nothing more than a series of electronic impulses passing through at least one digital device: up to billions of them. Furthermore, even though your species knows this, you have become so enamored with information technology that you actually have deﬁned your societal period as the Information Age. Without trying to sound facetious, I think you should call it the Disconnected Age. Only humans could invent a technology with social media as its’ central theme that, instead of connecting humanity, has slowly fragmented and disconnected interpersonal relationships, families, and communities.

“IN THE INFORMATION AGE, PEOPLE MUST BE CAREFUL OF NOT JUST LONE SOCIOPATHS, BUT NETWORKS OF SOCIOPATHS ALL CONNECTED BY INFORMATION TECHNOLOGY AND MOTIVATED BY GREED, ENVY, OR RAGE.”

ROBERT O’BLOCK, PHD, PSYD, FOUNDER, AMERICAN COLLEGE OF FORENSIC EXAMINERS INSTITUTE (2013)

Summer 2013 THE FORENSIC EXAMINER®

“I THOUGHT I WAS THE ONLY ONE WHO COULD SUCCESSFULLY CLOAK HIS IDENTITY, SO OTHERS WOULD FEEL COMPLETELY AT PEACE IN MY PRESENCE. I GUESS I AM SLOWLY SUCCEEDING IN GETTING HUMANITY TO UNDERSTAND THE MULTITUDE OF BENEFITS LIVING LIFE GOVERNED BY DECEPTIVE PRACTICES. THANK GOD FOR THE INFORMATION AGE, OR SHOULD ISAY THE DISCONNECTED AGE!”

IPREDATOR (2013)

THE FORENSIC EXAMINER® Summer 2013

Why any living organism would invent and become addicted to an artificial facsimile when they have the original is beyond me. But then again, I am not human. So how could I understand? Although I find your new dependency on ICT and cyberspace utterly ridiculous and short sighted, I support you 100%. For it is only in cyberspace that humans can legally deceive others without fear of consequences. Only in cyberspace, a 50-year-old man who is severely disturbed can create a “virtual identity” and enter chat rooms as a 15-year-old high school freshman looking to meet other young men and women to fraternize with. How wonderful is that? I give humanity a standing ovation. When I think of how many times I have had to cloak my identity throughout history, I cannot even begin to tabulate the number of times and methods of deception used. If I were to offer a rough estimate, using a term from your dimension, I would have to say approximately a Zettabyte, give or take an Exabyte or two. If you are not familiar with the term, even though it applies to your addiction, it refers to a quantity of information or information storage capacity. Can you calculate, conceptualize, or fathom the number 1021? One Zettabyte is 1,000,000,000,000,000,000,000. In fact, one of your largest and most respected techno-centric companies, Cisco, recently reported that by 2016, global Internet traffic is expected to reach a staggering 1.3 Zettabytes annually. They also predict 3.4 billion Internet users, or about 45% of the world’s projected population by 2016. They have called this time in your Information Age the Zettabyte Era.

If Cisco is correct, that is wonderful news, given I estimated a 100% connected threshold by 2113. Much faster growth than even I had predicted. How industrious humans can be is both impressive and remarkable. To help you understand using your present day 2013 technology, 1.3 Zettabytes is the equivalent of 38 million DVDs of information exchanged per hour. It is easy to become perplexed thinking about those numbers, but the 100% connected threshold is a short distance from today, and the mere thought of this time causes me to salivate with anticipation. Within cyberspace and the Internet, there are no police, law enforcement entities, guardians, or even archangels. As I have stated above, “How wonderful is that? I give humanity a standing ovation.” Within cyberspace and within you, I reside. Within each human, lying deep within his and her psyche is a place of darkness and malevolence. Unfortunately, most of your species are ignorant to this realm, and even fewer act upon its calling and commands. Depending on your beliefs, you may call it evil, psychopathy, or profound immorality. You may also place the nature of evil in four differing camps: moral absolutism, amoralism, moral relativism, and moral universalism. Whatever your deﬁnition is and how you describe how malevolence manifests, cyberspace is a realm where I can relax in peace and travel without worry of identiﬁcation or apprehension. In addition, because I dwell in all of you and in cyberspace, I can see the fruits of my labor. From a macroscopic perspective, a growing portion of humanity is becoming increasingly narcissistic, isolated, disconnected, and divorced from reality due to your increasing dependency on ICT. Instead of using ICT for good and benevolent causes, many of you have chosen a nefarious and malevolent trajectory. As iPredator, I welcome your chosen path and will do my best to ensure you do not deviate or change your mind once you cross my bridge. I will always be waiting with open

full parable download @ http://www.ipredator.co/ipredator/i-am-ipredator/

“FORTUNATELY, HUMANITY IS NOT LIKELY TO HEED MY WARNINGS UNTIL MANY PEOPLE HAVE BEEN DEVASTATED AND A WAR SPAWNED BY CYBER TERRORIST ATTACKS ENSUES. I YEARN FOR THAT DAY. THANK YOU INFORMATION AGE CITIZENS. IT IS NICE TO BE HOME.”

arms and a warm embrace, welcoming you to my kingdom. If you have not noticed, I have inﬁltrated the hearts and minds of many of your fellow citizens. Moreover, as always, I do not discriminate due to age, gender, race, religion, or socioeconomic status. Although I will remain hidden, undetected and quiet, I have injected my will and venom inside thousands, and soon millions of people worldwide. Just as my servant, cancer, knows how to metastasize, I have used cyberspace and ICT as devices for transport to spread from one part of your mind to another, from one person to another, and from one community to another. My home lies within your soul, mind, and conscience. And thanks to ICT, the Internet, and cyberspace, my capacity to spread hatred, harm, and disdain for one’s fellow man has

IPREDATOR (2013)

accelerated exponentially. Within the real universe, the majority of space is desolate, cold, and void of life. As dark as that may sound, it is nature and not filled with anything nefarious. Within cyberspace, and because it is manmade and unchartered, it is teaming with people filled with malice, deviance, and what you call evil. As it is not hard to undo the damage that has been done by the misuse and prostitution of ICT, I remain confident humanity will sustain its self-destructive trajectory. All that is required now to seal humanity’s fate in dark psychological spheres is a national tragedy caused by a cyber-terrorism attack. All any nation requires to attack and destroy another nation is a reason. A cyber terrorist attack would accomplish this goal and inevitably lead to a global military engagement.

ABOUT THE AUTHOR MICHAEL NUCCITELLI, PsyD, CFC is a NYS licensed psychologist and certified forensic consultant. Dr. Nuccitelli has been an active member of ACFEI since 2006. As founder of iPredator Inc., Dr. Nuccitelli’s internet safety and technology predator awareness website, www.iPredatorInc. com, is a huge source of information, at no cost, investigating cyberbullying, cyberstalking, cybercrime, online sexual predation, cyber terrorism, and Information Age psychology.

I;DI?J?L; I;9KH?JO ?D<EHC7J?ED" II? Enhance your skills in SENSITIVE SECURITY INFORMATION, SSI®. Call 800.429.9737 or enroll online at www.acfei.com.

Summer 2013 THE FORENSIC EXAMINER®

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INTRODUCTION Murder is one of the most disturbing and devastating experiences that can befall a family, especially when it involves a child. Child abduction and murder that is not associated with child abuse and neglect is a relatively rare occurrence in our society. Legislation has been reactive to high proﬁle cases that capture the public attention, beginning in 1932 with the Lindbergh kidnapping. The twentymonth-old son of Charles and Anne Morrow Lindbergh was kidnapped about 9:00 p.m., on

THE FORENSIC EXAMINER® Summer 2013

PART 1

March 1, 1932, from his second ﬂoor nursery of the Lindbergh home near Hopewell, New Jersey. A ransom note demanding $50,000 was found on the nursery windowsill, and in the weeks following 12 more notes were discovered. The partly buried body of the child was found on May 12, 1932 in a wooded area about 4 1/2 miles from his home. The cause of death was determined to be a severe blow to the skull. Bruno Hauptmann was eventually charged, found guilty, and executed, though he continued to proclaim his innocence. The crime was the basis for the “Lindbergh Law” that made kidnapping a federal offense (FBI, n.d.). Adam John Walsh was abducted from a Sears store in Hollywood, Florida on July 27, 1981 and was later found murdered. This crime prompted Adam’s father to become an advocate for victims’ rights and to assist in the creation of the National Center for Missing & Exploited Children (NCMEC) in 1984.

On July 27, 2006, the Adam Walsh Child Protection and Safety Act of 2006 was signed into law by President George W. Bush to protect the public, in particular children, from violent sex offenders via a more comprehensive, nationalized system for the registration of sex offenders (McPherson, 2007). When the number of missing and murdered children was studied in the 1990s, it was estimated that 40-150 such crimes occurred each year, or less than one-half percent of murders committed nationally (Finkelhor, Hotaling & Sedlak, 1992). Despite the fact that kidnapped children and child murders generate public outcry and media attention, empirical research on this type of murder is surprisingly thin (Heide, Beauregard, & Myers, 2009). Part of the problem in studying child murder cases

CE AT HOME STUDY COURSE: 1 CE CREDIT In order to receive credit for the article, please go to http://www.acfei.com/FESU0113 and look for course code FESU0113 to take the exam and complete the evaluation.

ABSTRACT

If you have special needs that prevent you from taking the exam online, please contact the registrar at 800.423.9737.

Research has shown that when a child is murdered, a parent is commonly found to be involved in the child’s death. However, when a child is abducted prior to being murdered, the likelihood of a parent’s involvement decreases significantly. Despite these findings, there are many instances in which parents have become primary suspects in investigations of child abduction homicides. This two-part series examines four cases of child murder that involved an element of abduction where investigators immediately suspected parental involvement. In three of the four cases, the parent suspects were eventually exonerated by DNA evidence after experiencing extensive scrutiny and persistent suspicions of guilt by police. The outcomes of these cases highlight the importance of carefully examining the crime scene by using victimology and crime scene classifications to differentiate between types of child murders.

THIS ARTICLE IS APPROVED BY THE FOLLOWING FOR CONTINUING EDUCATION CREDIT: (ACFEI) The American College of Forensic Examiners Institute provides this continuing education credit for Diplomates and certified members. AFTER STUDYING THIS ARTICLE, PARTICIPANTS SHOULD BE BETTER ABLE TO DO THE FOLLOWING:

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is that legal definitions vary from jurisdiction to jurisdiction and include inconsistent terms such as parental abduction, missing children, kidnapped children, family abduction, and stereotypical kidnapping (Boudreaux et al, 2001). For research purposes, Finkelhor et al. (1992) suggested the definition of “the coerced unauthorized movement of a child, the detention of a child, or the luring of a child for the purposes of committing another crime” (p. 228). This paper reviews the research on child murder in terms of motive, filicide, and false allegations of child abduction. We apply the research findings to four high-profile cases when a parent was a suspect. MOTIVE IN CHILD MURDER Motive in child murder has varied over the time of recorded history. Kidnapping, whereby a child was held for ransom as the primary motive, first appeared in media coverage in the United States at the turn of the 20th century. On July 1, 1874, 4-year-old Charles Sherman Ross and his 5-year-old brother Walter Lewis

1. Discuss the importance of crime scene analysis, victimology, and research in eliminating or confirming a parent’s involvement in a child’s murder 2. Describe characteristics of a crime scene and the behavioral traits of the homicide itself which would decrease the likelihood of a parent’s involvement in a child’s murder 3. Explain the spectrum of motives for child abduction and murder documented throughout history

KEYWORDS: filicide, child homicide, child murder, child abduction, offending patterns, criminal profiling, crime scene analysis, victimology TARGET AUDIENCE: Law enforcement, clinicians, criminal justice DISCLOSURE: The authors have nothing to disclose PROGRAM LEVEL: Basic FINANCIAL DISCLOSURE: none PREREQUISITES: none

Ross were playing in the front yard of their family’s home in suburban Philadelphia when two men in a horse-drawn carriage pulled up and offered the boys candy and fireworks if they would take a ride with them. The boys agreed, and they traveled to a store where Walter was given 25 cents and directed to buy fireworks inside. Walter did so, but the carriage left without him. Charley Ross was never found, but became the first child of a widely media publicized kidnapping. A death-bed confession was given by one of the abductors but never proven (DeVito, 2010). The crime classification was criminal enterprise where money was the motive.

'$ Bruno Hauptmann, charged and executed for the kidnapping and murder of Charles Lindbergh, Jr.

($ Anne Morrow Lindbergh (right), with her mother (rear) and grandmother (center), and son Charles A. Lindbergh, Jr.

Summer 2013 THE FORENSIC EXAMINER®

President George W. Bush joined by Reve, second from left, and John Walsh, signs the Adam Walsh Child Protection and Safety Act of 2006, at the White House Rose Garden in Washington, Thursday, July 27, 2006. (Chuck Kennedy/MCT)

ADAM WALSH 9>?B: FHEJ;9J?ED & I7<;JO 79J

An Act to protect children from sexual exploitation

By the 1950s, when a sexual motive began to be classified in child murder cases, community outrage would often inspire legislative action. For example, a double sexual homicide provided the foundation to create the Massachusetts Treatment Center for the Sexually Dangerous in Bridgewater, MA. On July 26, 1957, two young brothers were reported missing after a swimming outing. The charred, nude bodies of John, 12, and Paul Logan, 11, were found the following day bound together by rope. Both had been stabbed repeatedly in the chest and abdomen. Under the bodies a house key was found. One detective had investigated a sex crime that had occurred earlier—in 1951—in the same park area. The detective learned Ohlson had been released in May 1957 from the Concord Reformatory, where he had been remanded since the age of 15 for a sexual assault on a boy about 100 yards from where the Logan brothers were found. He took that key to the home of Raymond Ohlson, 21, of Brockton and found that it fit. Under police questioning, Ohlson was taken back to the crime scene where he described in detail how he lured the boys away from the pond, then assaulted and killed them. Ohlson had originally been sentenced in 1951 to 10 years, but a court decision in 1955 reduced his sentence to six. In 1958, Ohlson was determined by the courts to be incompetent to stand trial for the Logan brothers’ murders, and was committed to Bridgewater State Hospital where he remained until his death in 2003 (Keene, 2007). The Massachusetts legislation that resulted from this case, a civil commitment process determined by General Law Chapter 123A, was specifically aimed at repeat sex offenders.

and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the

This is a photograph of Etan Patz taken by his father, Stanley K. Patz, on September 16th, 1978

memory of Adam Walsh and other child crime victims. t Introduced in the House as H.R.4472 by Rep. Jim Sensenbrenner (R-WI) on December 8, 2005 t Passed the House on March 8, 2006 (unanimous voice vote) t Passed the Senate on July 20, 2006 (unanimous voice vote) t Signed into law by President George W. Bush on July 27, 2006

ETAN PATZ: FIRST MISSING CHILD TO HAVE HIS PHOTOGRAPH DISTRIBUTED ON A MILK CARTON 30

THE FORENSIC EXAMINER® Summer 2013

During the late 1970s to 1980s, a series of child abduction cases led to the prompt reporting of missing children. Etan Patz, a 6-year-old boy living in Lower Manhattan, New York, was abducted in 1979 after his mother had watched him walk to the school bus stop. He was the ﬁrst missing child to have his photograph distributed on a milk carton (Bruno, 2010). In 1993, Polly Klass, age 12, had invited two friends over for a slumber party. An intruder, brandishing a knife, tied up the girls, put pillow cases over their heads, and kidnapped Polly. The internet was used to distribute Polly’s picture. Richard Allen Davis was arrested months later, led police to her body, was convicted of her murder, and sentenced to death in California (Noe, 2010). AMBER, America’s Missing: Broadcast Emergency Response was created in 1996 in Texas after the abduction of 9-year-old Amber Hagerman. Amber had been riding her bicycle and was last seen being thrown into a white pickup truck. Her body was found in a drainage ditch four days later and four miles away with her throat slashed. Her kidnapping and murder remain unsolved (Krajicik, 2010). In 1989, Jacob Wetterling, age 11, was kidnapped at gunpoint while riding his bicycle with his brother and friend in his hometown in St. Joseph, Minnesota. The crime remains unsolved. The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act was passed as part of the Federal Violent Crime Control and Law Enforcement Act of 1994. This law requires states to implement a sex offender and crimes against children registry (National Alert Registry, n.d.). Amber Hagerman, seen in a photo provided by family, was abducted and killed 17 years ago near the home of her grandmother in east Arlington, Texas. (Courtesy of family/Dallas Morning News/MCT)

FILICIDE The difficulty in determining the true rate of child homicides by parental suspects in the United States is well-known (Koenen & Thompson, 2008). Several studies have attempted to give estimates of filicide, but are limited to those which are discovered and reported to police. Weeks-Schackelford & Schackelford (2004) estimated that between 1976 and 1994, filicides of children less than 18 years of age accounted for about 2.4% of all homicides recorded in the United States with 42% of victims under the age of 5. The Bureau of Justice Statistics found that from 1976 to 2000, an average of 638 children younger than age 5 were killed each year and 349 (or 54.7%) of these children were killed by a parent (FBI, 2002). Studies have consistently revealed that when a young child is murdered, the most frequent perpetrator is the victim’s parent or stepparent (Friedman & Resnick, 2007). This fact may explain a great deal as to why parents are typically the first individuals to be considered suspects when a child is found dead. However, child homicides by parents have several features which are distinguishable from other child murders. For one, maternal filicide cases have been found to commonly involve mothers who suffered from a range of mental illness including frequent depression, psychosis, substance abuse, and suicidal thoughts (Resnick, 1969). Filicidal mothers were also more likely to be poor or from disadvantaged backgrounds, socially isolated, and victims of domestic violence (Friedman & Resnick, 2007). Nonpsychotic filicidal mothers tended to be younger and often experienced abuse, criminal activity, and separation from parents during childhood. These individuals had often been investigated for child abuse prior to murdering their child (Lewis & Bunce, 2003). Resnick (1969) developed a list of five major motives for maternal filicide, including: a) altruistic filicide whereby a mother kills her child because she feels she is saving the child and that is in the child’s best interest; b) acutely psychotic filicide in which a mother kills her child without any clear motive and as a result of psychosis or delirium; c) fatal maltreatment where death is a result of cumulative child abuse, neglect, or Munchausen syndrome by proxy; d) unwanted child filicide which describes a mother who feels that her child is a barrier or hindrance; and e) spouse revenge filicide which occurs when a mother intends to inflict emotional harm to the child’s father. Although most statistics reveal that mothers and fathers commit filicide at almost the same frequency, fathers tend to kill older children more than women (Koenen & Thompson, 2008). Paternal filicide profiles are similar to those of mothers with regard to disadvantaged upbringings and low socioeconomic status but were found to be more likely to have previous criminal involvement, substance abuse problems, and less likely to be psychotic (Champion et al., 1988; Adelson, 1961). Men also used more violent methods of murdering their children than women and killed for variety of reasons, including issues surrounding paternity, fear of losing their spouse, disciplinary measures, and impulsive aggressive responses to the behavior of their child. (Resnick, 1969; Marleau et al., 1999). In 1997, Jesse Timmendequas was found guilty of sexual assault and murder for the 1994 slaying of 7-year-old Megan Kanka, whose death led to a nationwide movement to protect children from sexual predators under “Megan’s Law.” This law requires law enforcement to make public information about the registration of sex offenders including name, photograph, address, nature of crime, and incarceration date (Megan’s Law, 2003). Numerous studies have revealed important ﬁndings regarding typical offenders and motivations in child abduction murders. In an examination of 210 cases of children abducted and found dead, Rodreguez, Nahirny, Burgess, and Burgess (1998) concluded that

when a child was younger than 5 years old, the murder suspect was equally likely to be a male or female, typically a family member, not motivated by molestation, and committed the murder by physical means. Children aged 5 to 12 were more likely to be killed by suspect who was a male, was a close friend or stranger, had a sexual motivation when involving a female victim, and who inﬂicted death by physical means. When children homicide victims were age 13 to 17, the suspect was more likely to be a close friend or stranger, sexually motivated in cases of female victims, and to use physical means to murder a female victim while using weapons such as a gun or knife for male victims (Rodreguez et al., 1998). Summer 2013 THE FORENSIC EXAMINER®

CASE 1: Riley Fox

FALSE ALLEGATION OF CHILD ABDUCTIONS A child’s death may also be staged or alleged by a parent as abduction in order to provide an explanation for the child’s disappearance, and shift the focus of the investigation away from the parent. A study by Canning et al. (2011) revealed that the majority of offenders involved in this particular type of child death were the biological parents of the victims and, typically, the mother. In almost all of the cases, the victim resided with the offender, and the family dynamics were commonly characterized by domestic problems and child maltreatment. Explanations for child deaths included children who were killed because they were unwanted and/ or an obstruction to a relationship (37%), children who died as a result of a fatal child abuse incident (34%), or children who were described as difficult or different (41%) (Canning et al., 2011). The study also revealed that offenders spend considerable time and effort in disposing of the body of the victim in some kind of packaging, such as a plastic bag. Hanfland and colleagues (1997) argue that the rarity of child abduction murders has led to a series of “commonly held beliefs” that are not based on fact or research. These beliefs lead investigators to operate on false assumptions. For example, investigators may believe that a parent is the likely suspect in all child murders and thus spend considerable time to prove that belief (Brown, Keppel, Weis, & Sheen, 2006). We present 4 cases that are unique for why a parent was named a primary suspect. Heide and colleagues (2009) point out that low base rate crimes will always be difficult to prevent and to study, but that studying them in depth is a beginning point. Case analysis furthers our understanding of the offending process and some aspects of the offender’s personality.

THE FORENSIC EXAMINER® Summer 2013

Riley Fox, age 3, was reported missing to her father by her 6-year-old brother on 7:50 A.M. on June 6, 2004. After checking with neighbors, Kevin Fox called the Wilmington, Illinois police dispatcher on 411 to report Riley missing. Later that afternoon, Riley’s body was found in a creek in the Forsythe woods about 3 miles from the Fox home. She had been bound, gagged, sexually assaulted, and then drowned. Police immediately suspected the father and by October 2004, had extracted a confession from Kevin Fox. The murder of 3 year-old Riley Fox demonstrates the importance of weighing all evidence in an investigation and being able to differentiate between filicides (what was alleged by police) and abduction homicides (what actually happened). As a result of over-reliance on child murder statistics that suggest a majority of child deaths involve a parent, ignoring of forensics, and a coerced confession, Kevin Fox was wrongly accused and imprisoned for 8 months until DNA evidence finally exonerated him. Investigators maintained an unwavering notion that Kevin Fox was responsible for the murder of his daughter and the lack of willingness to follow other substantial leads and information which may have led to the real killer who kidnapped, sexually abused, and drowned Riley in a nearby creek (Andrews Int., 2010). In fact, Will County investigators assert that Kevin Fox was under suspicion from the first day of the investigation and was the only suspect under consideration prior to his confession (Andrews Int., 2010). Investigators claim to have become suspicious of Kevin Fox on the day of the murder because of the time lapse, a delayed telephone call to his wife, and the non-emergency 411 number used to notify police of Riley’s disappearance. A detective who interviewed Kevin in the evening reported that Kevin was flatly unemotional despite conflicting witnesses who described him as distraught throughout the day (Andrews Int., 2010). Perhaps one of the most critical elements for investigators to proceed with charges against Kevin Fox was the confession which he gave after being interrogated for 14 hours by police; a confession he would later attempt to undo with the help of his attorney (Andrews Int., 2010). Possibly one of the most important features of a homicide that can extricate a parent as a likely suspect in a murder is the incidence of pre-mortem sexual assault. The determination of sexual assault was a complicated matter in the Riley Fox case for a number of reasons. For one, the length of time that Riley’s body was immersed in the creek made it increasingly difficult to FBI Wanted Poster Seeking Information in the death of Riley Fox, issued in June 2009.

retrieve a DNA profile. Although Will County investigators had a partial DNA profile extracted from vaginal swabs and from duct tape applied to Riley’s body (Andrews Int., 2010), this evidence was deemed to be inconclusive and could not be used to positively identify a particular individual. However, it was later tested at a private lab, excluding Kevin Fox as a suspect and granting his release from jail. The extent of injuries inflicted on Riley’s body was a highly disputed matter which further convoluted the notion of whether Riley Fox was sexually assaulted before she was murdered. While Will County investigators claimed that Riley sustained relatively minor injuries and a lack of defensive wounds consistent with sexual assault, the examining physician testified that the injuries were actually quite severe, especially for a child (Andrews Int., 2010). Classifying Riley’s injuries as minor, as Will County Investigators had done, supported the belief that had an actual sexual predator assaulted Riley, the severity of her injuries would be much greater. It also supported investigators’ theories that Kevin had accidentally killed his daughter and staged a sexual assault (Andrews Int., 2010). Despite the initial discrepancies regarding whether sexual assault had occurred, the autopsy report conducted the day after the murder reported that Riley had been bound by duct tape and was penetrated by a finger or other comparably sized object (Andrews Int., 2010). The report also revealed bruises and lacerations evident in the child’s vagina and defensive wounds to her legs and head (Fox et al. vs. Guilfoyle et al., 2010). Saliva found on the child’s vagina was submitted for analysis and was suggestive of an oral assault. Although police began to review sexual predators in the area shortly after the body was discovered, Kevin Fox remained the prime suspect. Police were so convinced of his involvement that evidence and leads which supported a non-familial intrusion were either missed or ignored. Studies suggest that although children younger than five are more likely to be killed by a family member, this probability is decreased when the murder involves abduction and sexual assault (Hanfland et al., 1997). Erikson and Friendship (2002) report 82% of child abduction offenses were committed by non-familial suspects with 60% of the cases involving sexual motivation. Hanfland, Keppel, and Weis (1997) showed similar findings in their study which found that the majority of child abduction murders were sexually motivated (69%) and perpetrated by a friend/acquaintance (39%) or stranger (53%). Additional evidence that would support a sexual nature of Riley Fox’s murder include the removal and disposal of her underwear in a nearby trash receptacle close to where her body was found as well as duct tape used to bind her wrists and cover her mouth serving as a restraint (Andrews Int., 2010). After Kevin Fox’s release from jail in 2005, Kathleen Zellner filed a multi-count Federal Civil Rights complaint against Will County officials for coercing Kevin Fox to give an incriminating statement. It was speculated that the affirmative defenses that protect a county and its personnel would prevail and the case would be dismissed, but the complaint survived all motions to dismiss. During an all-night interrogation, Fox testified that he was threatened by detectives with being raped in jail, was told that his wife and father abandoned him, and that he could go home if he confessed to accidentally murdering his daughter. In addition to witness and crime scene classification testimony, expert testimony was given that pointed away from Kevin Fox having killed his daughter. The jury returned a verdict of $15.5 million for Kevin and Melissa Fox on December 20, 2007—a record for Illinois and the United States.

“Possibly one of the most important features of a homicide that can extricate a parent as a likely suspect in a murder is the incidence of pre-mortem sexual assault.”

SOLVING THE CASE Years later, a tip led the FBI to investigate and arrest Scott Eby for the murder of Riley Fox. Established from Eby’s testimony and evidence gathered during the reinvestigation of Riley’s murder, the FBI pieced together how the murder took place. On the night of the murder, Eby had burglarized a house not far from the Fox residence prior to abducting Riley. At around 4 am, he entered the Fox residence with the intent to burglarize the house, but instead decided to abduct Riley when he saw

her asleep on the couch. Residents of the initial burglary would later notify police of the intrusion, but no links were made to the murder until much later (Andrews Int., 2010). Police had discounted an intruder theory because there was no sign of forced entry, however it was later discovered that the back door had been left unlocked, which Eby used to enter the Fox home (Fox et al. vs. Guilfoyle et al., 2010). Eby lived only about a mile away from the Fox home. This matched research which revealed that 60% of abduction homicide offenders were found to reside within 2 miles of the initial abduction site (Boudreaux et al., 1999). Eby travelled about three miles from the Fox home to Forsythe Woods Forest Preserve with Riley in the trunk of his car. Geographical mapping patterns of abduction, homicide, and body disposal locations analyzed in the study by Boudreaux et al. (1999) show similar patterns identified in Eby’s behavioral patterns. The public park would be the location at which he would rape the child in the public bathroom and throw her into the creek where she drowned. Eby’s choices in disposal reflect the assertion that offenders generally want to expend the least possible effort in disposing of the body in order to reduce the chances of being apprehended in the process while minimizing the chances of the body being discovered (Killiam, 1990). The fact that Eby chose the forest preserve may have been because of his familiarity of the area and the possibility that he believed it to be a discrete location where it would be unlikely for someone to discover him in the act. However, he did not calculate the water flow as the body was found by search party members within 3 hours in a visible location in the creek. Lanning (1995) suggests that the best predictor of a sexual killer’s organization is the location and speed at which a victim’s remains are found and that “disorganized” offenders typically dispose of the body quickly. Of note, Eby did throw his shoes in the creek because he thought they left tracks and washed the bathroom floor with oil. Initial investigators found one of his prison issued sneakers marked with his name, but failed to connect him with the man they also interviewed the day following the discovery of Riley. Summer 2013 THE FORENSIC EXAMINER®

CASE 2: Laura Hobbs “According to various studies, filicide victims are rarely sexually assaulted prior to their murder” REFERENCES Adelson, L. (1961). Slaughter of the innocents. A study of forty-six homicides in which the victims were children. New England Journal of Medicine, 264, 1345–1349. Andrews International. (2010). Comprehensive Operational Assessment Criminal Investigative unit: Sheriff ’s Office – Will County, Illinois. BBC. (2006). JonBenét: The case that grips America. Retrieved on May 6, 2012 from http://news.bbc. co.uk/2/hi/americas/4800919.stm Beauregard, E., Stone, M.R., Proulx, J., & Michaud, P. (2008). Sexual Murderers of Children: Developmental, Precrime, and Postcrime Factors. International Journal of Offender Therapy and Comparative Criminology, 52(3), 253-269. Bertino, A.J., & Bertino, P.N. (2009). Forensic Science: Fundamentals and Investigations. SouthWestern Cengage Learning: Mason (OH). Boudreaux, M. C., Lord. D., & Dutra, R. L. (1999). Child abduction: Aged-based analyses of offender, victim, and offense characteristics in 550 cases of alleged child disappearance. Journal of Forensic Sciences, 44, 539-553. Boudreaux, M.C., Lord, W.D., & Jarvis, J.P. (2001). Behavioral Perspectives on Child Homicide: The Role of Access, Vulnerability, and Routine Activities Theory. Trauma, Violence, & Abuse, 2(1), 56-78. Brown, K.M., Keppel, R.D., Weis, J.G., & Skeen, M.E. (2006). Case Management for Missing Children Homicide Investigation. U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention. Retrieved on March 22 from http://www.missingkids.com/en_US/documents/ homicide_missing.pdf Brown, K.M., & Keppel, R.D. (2007). Child Abduction Murder: An Analysis of the Effect of Time and Distance Separation Between Murder Incidence Sites on Solvability. Journal of Forensic Sciences, 52(1), 137-145. Brennan, C. (1997). Pathologist: No doubt of JonBenét sex assault. Rocky Mountain News. Retrieved on May 6, 2012 from http:// denver.rockymountainnews.com/extra/ ramsey/0716jon.htm

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Laura Hobbs, age 8, was riding her bicycle with her friend, Krystal Tobias, age 9, in Beulah Park in Zion, Illinois on Mother’s Day in May 2005. She was reported missing when she did not return home that evening. Early the next morning, her father, Jerry Hobbs, and Laura’s grandfather, started searching and found the bodies of the missing girls in a remote area in a nearby park. Laura had 20 stab wounds in the neck, the abdomen, and once in each eye. Krystal had been stabbed 11 times. Jerry Hobbs was interrogated for over 20 hours and finally gave a confession. In 2005, Jerry Hobbs was jailed for five years after he had confessed to the murders of his daughter and her friend. Despite the gruesome nature of the murders, police were confident that Jerry Hobbs was responsible for the killings based on red flags raised by his previous history of violence and substance abuse. Not only had he repeatedly spent time in prison for drug possession, domestic violence, and assault charges, but Hobbs had also recently been released from prison after serving a two-year sentence for aggravated assault. It was described that he was involved in an altercation which led him to chase a few individuals with a chainsaw (Victims of the State, 2011; Hinkel, 2010; Hobbs v. Cappelluti et al., 2011). The circumstances of Jerry Hobbs’ past made him an easy target for investigators to build their suspicions upon. In fact, one of Hobbs’ attorneys said police never considered anyone else other than Hobbs as a suspect (Hinkel, 2010). Investigators were also suspicious of the way in which Hobbs had discovered the bodies. They found it odd that he was able to give police a detailed description of how the bodies appeared without being closer than 20 feet from the actual location of the bodies. Additionally, investigators allege that he had taken a distinct route into an isolated area to find the bodies that one would not normally expect someone to take if they were performing a general search (Susteren, 2005). For these reasons, detectives started questioning Hobbs almost immediately after he reported finding Laura and Krystal’s bodies. They continued interrogations for over 20 hours until Hobbs finally gave a confession. In his confession he claimed to have punched and stabbed the girls with a potato knife after Laura had refused to come home (Susteren, 2005). Despite many inconsistencies with Hobbs’ confession, the judge ultimately ruled that the confession was voluntarily given and was admissible at trial (Hinkel, 2010; Hobbs v. Cappelluti et al., 2011). Hobbs was later exonerated by DNA evidence after having spent 5 years behind bars. His confession turned out to have been fabricated and coerced through intense physical and psychological abuse during the interrogation. Aside from the ‘gut’ feeling of Jerry Hobbs’ involvement in the murders by investigators, there was no physical evidence that linked him to the crime scene (Hobbs v. Cappelluti et al., 2011). Probably the most disputed fact of the case was whether the girls had been sexually assaulted prior to being killed. The autopsy report did not rule out sexual assault as the DNA tests required to verify its occurrence were not conducted until nearly 2 years after the murders (Hobbs v. Cappelluti et al., 2011). These tests would later confirm that semen found on oral, vaginal, and rectal swabs collected from Laura Hobbs resembled a single profile that did not belong to Jerry Hobbs. Jerry Hobbs’ attorney, Kathleen Zellner, argued that there

Bruno, A. (2010). The disappearance of Etan Patz: The boy on the milk carton. New York: Crime Library. Retrieved on June 6, 2012 from http:// www.trutv.com/library/crime/serial_killers/predators/etan_patz/2.html Byfield, J.R. (1996). Affidavit for Search Warrant. County of Boulder. Canning, K.E., Hilts, M.A., & Muirhead, Y.E. (2011). False Allegation of Child Abduction. Journal of Forensic Sciences, 56(3), 794-802. Champion, J.F., James, J.M., & Covan, F. (1988). A study of filicidal men. American Journal of Psychiatry, 145, 1141–1144. Danziger, J.A. (2011). Deposition: Case No.

48-2008-CF-015606-o. Ninth Judicial Circuit, Orange County, Florida. DeVito, B.A. (2010) Twenty-three letters: A child lost forever. University Park, PA: The Pennsylvania Center for the Book. Retrieved on June 6, 2012 from http://pabook.libraries.psu.edu/ palitmap/CRoss.html. Douglas, J.E. & Olshaker, M. (2000) The Cases that Haunt Us. New York: A Lisa Drew Book/ Scribner. Douglas, J, Burgess, A, Burgess, A, & Ressler, R. (2013). Crime Classiﬁcation Manual: A Standard System for Investigating and Classifying Violent Crimes. Wiley. ISBN 978-0-7879-8501-1.

were numerous attempts by prosecutors to suppress evidence which suggested sexual assault (Hobbs v. Cappelluti et al., 2011). The Assistant Lake County State’s Attorney argued that the semen that was found inside of Laura Hobbs and on her clothes was the result of her playing around the crime scene where couples frequently had intercourse. He also commented that the semen was not found in “any significant area of Laura Hobbs’ body;” a statement later proven false by DNA testing (Hobbs v. Cappelluti et al., 2011). Furthermore, according to Zellner, prosecutors had ruled out sexual assault because both victims were found dressed (Hobbs v. Cappelluti et al., 2011). Upon closer examination, the positioning of the bodies and the careful placement of the victims’ shoes are strong indications that the girls had been victims of a sexual predator (Douglas, Burgess, Burgess, & Ressler, 2006). The highly disputed nature of whether sexual assault had occurred was critical in creating a profile of likely suspects. According to various studies, filicide victims are rarely sexually assaulted prior to their murder (Wilczynski, 1997; Hanfland et al., 1997). Filicide samples from a study by Wilczynski (1997) typically involved young victims manually assaulted in the privacy of a home and in the context of family problems and the stress of childcare. None of these cases involved sexual abuse. In contrast, non-familial child murders involved teenagers who were killed with weapons outside the home. The perpetrator was typically a male who killed in a public space with sexual assault being a common motive (Wilczynski, 1997). The brutal nature in which Laura Hobbs and Krystal Tobias were murdered also raise significant uncertainties regarding the involvement of Jerry Hobbs. The autopsy report indicated that there were no defensive wounds suggesting that the victims were caught by surprise and had little or no time to defend themselves (Hobbs v. Cappelluti et al., 2011). Laura Hobbs suffered multiple stab wounds to the neck, back, abdomen, and eyes with deep bruising in the face and multiple linear abrasions on the rest of her body. Krystal was also stabbed multiple times evident by wounds made to her neck and torso and had multiple abrasions, bruises, and cerebral edema. The extent and severity of the injuries that the victims suffered seem excessive for a parent who was seeking to discipline his child. Among samples of filicidal men studied by Schwartz and Isser (2007), killings were characterized by episodes of anger or intoxication. However, even under these circumstances it is hard to imagine that a father would rape and then continuously stab his own daughter, especially in the eyes. Jerry Hobbs’ attorney, Kathleen Zellner, stated that family members would attest to the fact that Laura Hobbs was very attached to her father and that Jerry was committed to his children and spent all of his free time with them (Hobbs v. Cappelluti et al., 2011). Despite an early history of drug and alcohol use, Jerry did not use drugs and rarely drank after he moved back in with his family. Another important discovery is the fact that the Illinois Department of Children and Family Services found that there was no prior abuse of Laura Hobbs. The autopsy report also confirmed that neither girl had been physically or sexually abused prior to their murders (Hobbs v. Cappelluti et al., 2011). These factors, along with crime scene evidence indicative of sexual assault, should have prompted investigators to examine other possible leads or keep their options open with regards to suspects. Instead, investigators were convinced by Jerry Hobbs’ unemotional demeanor during the interrogation, his suspicious discovery of the bodies, and his history of violence that he was responsible for the murders.

Erikson, M., & Friendship, C. (2002). A Typology of Child Abduction Events. Legal and Criminological Psychology, 7(1), 115-120(6) FBI (n.d.) The Lindbergh kidnapping. Famous cases and Criminals. Retrieved on June 6, 2012 from http://www.fbi.gov/about-us/history/famous-cases/the-lindbergh-kidnapping/ the-lindbergh-kidnapping FBI. (2002). Homicide trends in the US. Infanticide. Bureau of Justice Statistics. US Department of Justice. Finkelhor, D., Hotaling, G. T. & Sedlak, A.G. (1992). The abduction of children by strangers and nonfamily members: Estimating the inci-

dence using multiple methods. Journal of Interpersonal Violence, 7(2):226-243. Friedman, E. (2010) Amber Hagerman’s murder 14 years ago inspired a system that saved hundreds of kids. ABC News. Retrieved August 1, 2012 from http://abcnews.go.com/US/amber-hagerman-names a k e - a m b e r - a l e r t - a b d u c t e d - 1 4 - ye a r s / story?id=9544038&page=3 Friedman, S.H., & Resnick, P.J. (2007). Child murder by mothers: patterns and prevention. World Psychiatry, 6(3), 137-141. Fox et al. vs. Guilfoyle et al. No. 08-3736. United States Court of Appeals. (7th Cir. 2010).

SOLVING THE CASE In June 2011, a DNA match was made to Jorge Torrez, 22, who had lived in Zion in 2005 and had been a close friend of Krystal Tobias’s brother. He was charged with the two murders of Laura Hobbs and Krystal Tobias. One year earlier, in 2010, Torrez, a former Marine, was found guilty of abducting and raping a 23-year-old University of Maryland graduate student as well as a series of other nonfatal attacks in Virginia. Prosecutors in Virginia have since alleged that Torrez also killed a female Navy petty ofﬁcer on a Washington-area military base while Hobbs was in prison. Federal prosecutors plan to seek the death penalty against him (Mai-Duc, 2011; Hinkel, 2012).

Garavaglia, J.C., Utz, G.L., Schultz, J., & Goldberger, B.A. (2008). Report of Examination. Office of the Medical Examiner District Nine, Orlando, Florida. Hanfland, K. A., Keppel, R. D., & Weis, J. G. (1997). Case management for missing children homicide investigation. Seattle: Washington State Office of the Attorney General. Heide, K.M., Beauregard, E., & Myers, W.C. (2009). Sexually Motivated Child Abduction Murders: Synthesis of the Literature and Case Illustration. Victims & Offenders, 4(2), 58-75. Hinkel, D. (2010, August 6). The day Jerry Hobbs wrongfully admitted killing his daughter and her friend. Chicago Tribune. Retrieved on May 5, 2012 from http://articles.chicagotribune.com/2010-08-06/news/ct-methobbs-0808-20100806_1_laura-hobbs-krystal-tobias-confession Hinkel, D. (2012, February 29). Feds seek death penalty against Zion murder suspect. Chicago Tribune. Retrieved on May 5, 2012 from http:// articles.chicagotribune.com/2012-02-29/news/ ct-met-torrez-death-penalty-20120301_1_jorgetorrez-laura-hobbs-jerry-hobbs Summer 2013 THE FORENSIC EXAMINER®

Hobbs v. Cappelluti et al., No. [10-C-7649] ([U.S. District Court for the Northern District of Illinois Eastern Division][2011]) Keene, K. (2007). 50 years ago: A crime that spawned a center. Boston, MA: Boston Globe Newspaper, p.10. Killiam, E.W. (1990). The detection of human remains. SpringďŹ eld, IL: Charles C Thomas. Koenen, M.A., & Thompson Jr., J.W. (2008). Filicide: Historical Review and Prevention of Child Death by Parent. Infant Mental Health Journal, 29(1), 61-75. Komar, D., & Beattie, O. (1998). Postmortem insect activity may mimic perimortem sexual assault clothing patterns. Journal of Forensic Sciences, 43(4), 792-796. Krajicik, D. (2010) Amber Hagerman. New York: True Crime. Retrieved on June 6, 2012 from http://www.trutv.com/library/crime/notorious_ murders/famous/amber_hagerman/1_index.html Kurtis, B. (2000). JonBenĂŠt: Anatomy of an Investigation. Investigative Reports [Television Series]. A&E Television Network. Lanning, K.V. (1995). Investigative analysis and summary of teaching points. In K.V. Lanning & A.W. Burgess (Eds.), Child molesters who abduct: Summary of the case in point series (pp.1736). Alexandria, VA: National Center for Missing and Exploited Children. Lewis, C.F., & Bunce, S.C. (2003). Filicidal PRWKHUV DQG WKH LPSDFW RI SV\FKRVLV RQ Ă&#x20AC; OL FLGH -RXUQDO RI WKH $PHULFDQ $FDGHP\ RI 3V\ chiatry Law, 31, 459â&#x20AC;&#x201C;470. Mai-Duc, C. (2011, June 17). Man linked to Zion killings charged with murder in Virginia. Chicago Tribune. Retrieved on May 5, 2012 from http://articles.chicagotribune.com/2011-06-17/ news/ct-met-jorge-torrez-plea-20110617_1_laura-hobbs-ďŹ rst-degree-murder-zion Marleau, J.D., Poulin, B.,Webanck, T., et al. 3DWHUQDO Ă&#x20AC; OLFLGH $ VWXG\ RI PHQ Canadian Journal of Psychiatry, 44, 57â&#x20AC;&#x201C;63. McKee, G. R. (2006). Why Mothers Kill: A Forensic Psychologistâ&#x20AC;&#x2122;s Casebook. New York: Oxford University Press. 290 pp. McPherson, L. (2007). Petitionerâ&#x20AC;&#x2122;s guide to the Adam Walsh Act. Update: American prosecutorâ&#x20AC;&#x2122;s Research Institute, 20 (9&10), p 1-7. Retrieved June 6, 2012 from http://www.ojp.usdoj.gov/ smart/pdfs/practitioner_guide_awa.pdf. Megans-law.net (n.d.) Equal justice. Retrieved on June 6, 2012 from http://www.megans-law.net/ Melich, Y.N. (2008). Narrative: 08-06208 SUPP. Orange County Sheriff â&#x20AC;&#x2122;s OfďŹ ce. Meyer, J. (1996). Autopsy Report. No. 96A-155. OfďŹ ce of the Boulder County Coroner. dâ&#x20AC;&#x2122;OrbĂĄn, P.T. (1979). Women who kill their children. The British Journal of Psychiatry, 134(1), 560-571. Murphy, W.J. (2011) Not guilty verdict was the right result but weâ&#x20AC;&#x2122;re not done yet. Patriot Ledger, July 7, 2011. http://www.patriotledger.com/

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opinions/x1498054785/WENDY-MURPHYAnthony-verdict-was-right-but-we-re-not-done National Alert Registry (n.d.). Jacob Wettering Act of 1994. Retrieved on June 6, 2012 from http:// www.registeredsexoffenders.net/Jacob_Wetterling_Act.html Noe, D. (2010). The killing of Polly Klass. New York: True Crime Library. Retrieved on June 6, 2012 from http://www.trutv.com/library/crime/ serial_killers/predators/klaas/1.html Proulx, J., Blais, E., & Beauregard, E. (2006). Sadistic sexual aggressors. In W. L. Marshall,Y. M. Fernandez, L. E. Marshall, & G. A. Serran (Eds.), Sexual offender treatment: Controversial issues (pp. 61-77). Chichester, UK:Wiley. 5HVQLFN 3 - &KLOG PXUGHU E\ SDUHQWV $ SV\FKLDWULF UHYLHZ RI Ă&#x20AC; OLFLGH $PHULFDQ -RXU nal of Psychiatry, 126, 73â&#x20AC;&#x201C;82. Rodreguez, R. D., Nahirny, C., Burgess, A. W., & Burgess, A. G. (1998). Child Abduction and Serial Killer Unit, FBI Academy, Quantico, VA. Journal of Psychosocial Nursing and Mental Health Services, 36, 11â&#x20AC;&#x201C;16. Wilczynski A: Child Homicide. London, Oxford University Press/Greenwich Medical Media, 1997. Schwartz, L.L., & Isser, N. (2007). Child Homicide: Parents who kill. Boca Raton (FL): CRC/ Taylor & Francis. Susteren, G.V. (2005). On the Record: The Case Against Jerry Hobbs. Fox News. Retrieved on May 5, 2012 from http://www.foxnews.com/ story/0,2933,156353,00.html

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Victims of the State (2011). Suburban Chicago Cases, Son/Daughter Murder Cases. Retrieved on May 5, 2012 from http://www.victimsofthestate.org/IL/Hobbs.html Weeks-Shackelford, V.A., & Shackelford, T.K. (2004). Methods of ďŹ licide: Stepparents and genetic parents kill differently. Violence and Victims, 19, 75â&#x20AC;&#x201C;81. Wolf v. Ramsey. No. [1:00-CV-1187-JEC] ([U.S. District Court for the Northern District of Georgia Atlanta Division][2003])

9;HJ?<?;: <EH;DI?9 DKHI;" 9<DÂ? Learn more about CERTIFIED FORENSIC NURSE, CFNÂŽ. Call 800.429.9737 or enroll online at www.acfei.com.

ABOUT THE AUTHORS STEFAN TREFFERS, BHSc, received his degree at the University of Ottawa in health sciences and criminology. He works in a pharmaceutical research firm on studies pertaining to forensic psychiatry. His graduate studies focus on criminology, sociology, and law.

ANN WOLBERT BURGESS, DNSc, APRN, is Professor of Psychiatric Mental Health Nursing at Boston College Connell School of Nursing. Her research and publications include rape trauma, child sexual abuse, child pornography, serial offenders, crime classification, post-traumatic stress, infant abduction, elder sexual abuse, and mental disorders.

ALLEN G. BURGESS, DBA, is president of Data Integrity, Inc., a computer software company. He has design experience with main frames, mini-computers, personal computers, and micro controllers. He currently teaches the Forensic Science Lab at Boston College and is a codesigner for interactive forensic simulation learning where his specialty is digital forensics.

For those struggling with TBI or psychological concerns including PTSD and depression, there’s hope. The DCoE Outreach Center’s trained health resource consultants are standing by 24/7 to answer your questions and provide information. Call today, chat online at www.dcoe.health.mil/247help, or send an e-mail to resources@dcoeoutreach.org.

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Summer 2013 THE FORENSIC EXAMINER®

THE CYRIL H. WECHT INSTITUTE OF FORENSIC SCIENCE AND LAW

13TH ANNUAL CONFERENCE

PASSING THE TORCH

AN INTERNATIONAL SYMPOSIUM ON THE 50TH ANNIVERSARY OF THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY

OCTOBER 17-19, 2013 Duquesne University, Pittsburgh, PA

As the JFK assassination and many of its witnesses, investigators and researchers begin to recede into history, this symposium will educate students, teachers, professionals and the general public alike about one of the most impactful homicides of 20th century American history, and why it still matters today. On the occasion of that crime’s 50th anniversary, the Institute will convene many of the SLHKPUN ZJPLU[PÄJ SLNHS HUK investigative experts on the murder case that has fascinated and perplexed us ever since. For more information or to be added to the Institute’s email list, contact us at 412.396.1330 or wechtinstitute@duq.edu.

Further information and registration is available at www.duq.edu/jfk ACFEI MEMBERS: A 20% discount applies to all members who complete and submit a paper registration form for this conference. As an added bonus, arrangements are being made for a special, member-only session with Dr. Cyril Wecht. Reserve your space today.

THE FORENSIC EXAMINER® Summer 2013

FEATURE

PASSING THE TORCH: AN INTERNATIONAL SYMPOSIUM ON THE 50TH ANNIVERSARY OF THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY

HOW LONG IS THE CONFERENCE? The conference will comprise three full days (6 credit hours each) of presentations and panel discussions, as well as special, after-hours events yet to be announced. WHO WILL BE AT THE CONFERENCE? The conference will feature a wide range of experts from the fields of forensic science, law, and criminal investigation, including Dr. Robert McClelland, a member of JFK’s surgical team; “first-generation” assassination researchers Mark Lane and Josiah Thompson; photographic consultant Robert Groden; investigative journalists David Talbot and Jefferson Morley; and, of course, Dr. Wecht himself, the first non-governmental forensic expert to be permitted access to the autopsy materials and a witness before multiple investigative panels. WHAT ARE THE BENEFITS OF GOING IN ADDITION TO THE SPEAKERS?

Following up on its world-renowned conference on the 40th anniversary of the JFK assassination, the Cyril H. Wecht Institute of Forensic Science and Law is pleased to announce its plans to reJVU]LUL THU` VM [OL SLHKPUN ZJPLU[PÄJ SLNHS HUK investigative experts on the murder case that has fascinated and perplexed us for decades. As the assassination and many of its witnesses, investigators and researchers begin to recede into history, this 50th anniversary symposium is intended to LK\JH[L JYPTPUHS Q\Z[PJL HUK MVYLUZPJ ZJPLU[PÄJ professionals, the general public, educators and students about one of the most impactful homicides of 20th century American history, and why it still matters today.

In addition to groundbreaking presentations by these and other experts, registrants will be treated to interdisciplinary panel discussions, ﬁlm presentations, poster sessions, and an opportunity to meet with and purchase items from a variety of educational and other vendors. Furthermore, ACFEI members may register at a 20% discount* and are also invited to a special, member-only session with Dr. Wecht. WHAT TYPE OF CONTINUING EDUCATION WILL BE OFFERED? Through its partnerships with the Pennsylvania CLE Board, the Duquesne University School of Nursing, and the Pennsylvania Coroners Education Board, the Institute will be offering continuing education credit to Pennsylvania attorneys, nurses, and death investigators. Reciprocity with professional boards in other states may apply.

Visit www.duq.edu/jfk for more information. ACFEI MEMBERS: SAVE 20% *To obtain the registration discount, please download and submit the print registration form provided on the Institute’s website. Documentation of ACFEI membership may be emailed/faxed in at that time or provided at the conference.

Summer 2013 THE FORENSIC EXAMINER®

INTERVIEW

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TOMMY TEACH CEO OF BRUZER LESS LETHAL

WHAT IS THE CONCEPT BEHIND THE BRUZER™ LESS LETHAL LAUNCHER? The aim in developing the BRUZER™ was to give law enforcement a tool they could actually use—something portable, ammunition type specific (less-lethal) and versatile. It needed to be a clearly defined weapons system that an officer could take out of the vehicle with them—if they had to use it, it was with them; they wouldn’t have to go back to the car to get it. A weapon isn’t effective if it isn’t on hand. We recognize that there are a number of challenges facing law enforcement and military personnel, and here, we are not solving one problem at a time, but trying to address a whole range of issues in one product. HOW DID YOU COME UP WITH THE IDEA FOR THE BRUZER™? There’s always been a hole in the market for a compact less-lethal weapon that can use off the shelf munitions. The shotgun is cumbersome. Something was needed that could be effective at close range, that any department could afford, and that any law enforcement personnel or military could operate. In the years following my ser-

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vice in the U.S. Navy, I found myself getting to know members of various police departments and sheriff ’s offices; their concerns and frustrations with their existing options were more or less the same. We realized that no one was addressing this need. AS CEO, WHAT WAS THE PROCESS YOU WENT THROUGH TO CREATE BOTH A PRODUCT AND A COMPANY? It’s hard to define a particular process that we went through in coming up with the idea—weapons and tactics are something that I inherently understand. But once the idea was there, we developed a prototype, tested it extensively, and eventually went into production. The process itself was not especially complicated or unique. It was the fine refinements that were complex and took a great deal of time—as they do with any specialized tool of this sort. We’re not making paperweights—people’s lives depend on their weapons every day. This launcher has to work effectively every time the trigger is pressed. WHAT ARE SOME KEY LESSONS YOU HAVE LEARNED? First, have a quality team. Make sure that you have quality suppliers, consultants, and materials from the get go—don’t skimp. It may cost more, but quality people from the napkin concept to the drawings, through engineering and production, are invaluable. Make sure that all the people you’re working with are honorable and trustworthy business people. Dig into the background of the companies you’re working with—surprises aren’t worth it. Any business challenge can be overcome more easily and more effectively when you’re working with people who have a high level of integrity. Secondly, as a service-disabled, veteran owned company, our goal was to make a 100% American made product; we learned that it is not that hard to make a quality cost-effective American product, despite what we often hear in the media. There are excellent people out there and it’s worth it to do the legwork and find them. It’s best to have suppliers who are nearby whenever possible—say, within an hour’s drive. This allows you to more easily oversee the specifics of day-to-day operations and decisions, and it’s easier to build a strong, close working relationship when you can work face-to-face.

FEATURE

WHAT IS THE RANGE OF APPLICATIONS FOR THE BRUZER™? ARE THERE ANY THAT SURPRISED YOU? The BRUZER™ is useful for many types of law enforcement agencies or military organizations. We’ve had SWAT, patrol officers, specialized unit/details, motorcycle officers, DNR personnel, and even bounty hunters approach us. Because our product is not a neuromuscular interrupter, it works in all weather environments—heat, cold, wet— nothing affects it. We’ve received a great deal of interest from federal agencies and corrections facilities—people working in tight spaces for which the BRUZER™ is ideal—and in recent weeks, we’ve heard from a number of school administrators who feel that in their communities, the BRUZER™ may be a more palatable means of offering heightened security measures. The application that has surprised me the most is remote workplaces such as pipelines, mines, and oil rigs. In these instances, the electric charge of a neuromuscular interrupter can be hazardous to the operation, and medical care or security reinforcements may be hours or even days away. A means of stopping a workplace violence situation without critical injury to the perpetrator and limiting risk to other workers is needed. This is an area that was off the grid to me. As we learn more and grow as a company in this industry, we are constantly finding different uses for this tool. WHEN IS IT APPROPRIATE TO USE THE BRUZER™? It’s all about escalation of force, from verbal de-escalation all the way up to deadly force. The BRUZER™ comes in when you need a kinetic impact weapon—to stop and to inflict pain—but are not aiming to kill. It might be an appropriate response to an assailant with a knife or someone who is high on drugs, completely out of their mind, and a danger to themselves or others. The BRUZER™ also offers a measure of safety to the user, as it allows some distance to be maintained between the officer and the suspect. Intimidation factor is underrated. While the BRUZER™ is in fact a less-lethal weapon, for someone at the end of the barrel, it’s a scary view. At the same time, it can be less scary for civilians around you than a shotgun. It doesn’t project as aggressive a tone. For example, if a subject has to be removed from the home due to mental illness-based violence, in the eyes of the family present, the sight of a BRUZER™ on an officer’s vest is very different from a shotgun in his hand. WHEN WAS THE MOMENT THAT YOUR TEAM KNEW THE PRODUCT HAD BECOME A SUCCESS? From the beginning, with our first trade show and our first advertisement, the response has been very positive. People often say, “This is exactly what we’ve been looking for,” or “Finally! We’ve been waiting for someone to come out with something that is small, compact, and portable.” I get the same reaction every time people shoot the BRUZER™ for the first time. A smile slides over their face and they just shake their head. The BRUZER™ sells itself. It’s clear and simple, and when I take it to someone, they simply get it.

The BruzerTM Less Lethal 12 Guage Launcher

WHAT ELSE WOULD YOU LIKE TO TELL US ABOUT THE BRUZER™? In addition to all of the functional and technical features we offer, our focus is on customer service. A weapon has to work right every time. If there is ever a question, concern, or difﬁculty, we believe in standing by our product and making the situation right. We aren’t just selling a product; we’re building a relationship with our customers. THE BRUZER™ IS AN NFA AOW WEAPON, SO NOT EVERY CIVILIAN CAN EASILY OBTAIN IT. All of our holsters are 100% made in the U.S.A. Recognizing that not every ofﬁcer will need the same thing, we offer three types of Kydex™ holsters—MOLLE vest mount, cross-draw and leg rig. A holster of the client’s choice comes with the price of the launcher for law enforcement agencies/military clients. Additional holster accessories such as a four shell holder are also available. TOMMY TEACH has been actively involved with firearms for more than 30 years, an interest which gained greater depth and value during his career as a U.S. Navy Seabee. Deployed all over the world, he was able to put his talents to use in training fellow military members. Once out of active service, Tommy went to work in sales for the family business. During this period, while training with John and Vicki Farnam and Frank Sharpe, he became an instructor for Defense Training International (DTI) and Fortress Defense Consultants working with both citizens and law enforcement professionals. Tommy expanded his training working with R.K. Miller of NTC to become a less lethal munitions instructor. It was this combination of experiences that allowed him to identify a void in the less lethal market and to spearhead a design team to develop the BRUZER™ Less Lethal Launcher.

Summer 2013 THE FORENSIC EXAMINER®

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Photo Credit: AP Photo/Eugene Garcia

Can We Really Tell Whether Dahmer had Asperger’s Disorder? 8o 7co B$ IWXehiao" Fio:" WdZ AWj^[h_d[ HWcibWdZ" F^:" 9C?#L ic developmenABSTRACT m a “neuropsychiatr fro ed sit po g on Le d ri, an stic criteria for In 2002, Silva, Ferra met DSM-IV diagno er m ah D y fre Jef e the lat ition that had tal perspective” that was in part this cond it at th ed lat stu po They e approach they Asperger’s disorder. e cite reasons why th W r. de ur m it m m to co en considering inﬂuenced Dahmer types of sources wh in rta ce g in us st ain ion ag rally problematic, used fails, and caut nce diagnosis is gene sta di at th de lu nc e co is method’s ﬂaws. psychiatric labels. W ahmer illustrates th D of sis aly an g’s on d Le and Silva, Ferrari, an

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DIAGNOSING VIA PUBLIC INFORMATION It has long been a tradition for clinicians to ponder the mental or personality disorders of renowned but deceased public figures (Adolf Hitler, Abraham Lincoln, Leonardo da Vinci, and Herman Melville, to name a few). In our celebrity-driven media culture, this same diagnostic lens has been turned toward people still alive but unavailable to analysts. Psychotherapist “Robin of Berkeley” (2010), for example, sees in President Barack Obama narcissistic tendencies, possible Asperger’s disorder, neurological problems due to alcohol and drug use, and possible head injuries. “Robin’s” evidence is based not on facts and records, but on a belief that these conditions explain “what is wrong” with President Obama. Robin adds that the purpose of his analysis is to educate, rather than to definitively diagnose. Forensic psychiatrist Keith Ablow, who has published books on Scott Peterson and Casey Anthony, sidesteps the ethical issue of diagnosing individuals he has never met by clarifying that he is partly acting as a journalist. “My goal,” Ablow stated to Lewis (2011), “is for people to understand as much as possible about how this little girl [Caylee Anthony] disappeared from the face of the earth… and to give readers more than their gut feeling by using psychological reasoning as a lens to explore the family atmosphere surrounding the child’s untimely death.” In Inside the Mind of Scott Peterson, Ablow (2006) set up the premise that Peterson was a sociopath, and then used examples of Peterson’s known behavior to support that premise. If a behavior did not quite fit the premise, Ablow spun it until it did. Ablow did not conduct a clinical interview with Peterson, but instead used his theoretical persuasion to fit Peterson into a pre-formed mold. Ablow stated, “I find that using a forensic psychological perspective and people’s life stories reaching back to their early years is the best way to do it… This particular way of looking at the world and people—a targeted laser beam focus psychological perspective —always adds dimensions to the story that people didn’t consider before” (Lewis, 2011). The weight of professional credentials lends credibility to this approach, which has the potential to distract readers from issues that can undermine an analysis’ accuracy. We can look specifically at how distance diagnosis was done on Jeffrey Dahmer to educate readers about the factual and cognitive flaws of this approach.

WHAT WAS WRONG WITH JEFFREY DAHMER? Dahmer was arrested on July 22, 1991 in Milwaukee, Wisconsin, after police arrived to find his apartment filled with body parts. Investigators collected the remains of 11 different men (Jentzen et al., 1994). Dahmer’s confession ran as long as 145 pages and added six more victims to the total count. Dahmer had long fantasized about having power over other people. In 1978, when his parents abandoned their family home in Medina, Ohio, Dahmer brought a hitchhiker back to the empty house and killed and dismembered him. The experience aroused Dahmer and gave him incentive to continue targeting more victims. Later, in his own apartment, he experimented: In an effort to create zombie-like sex slaves, Dahmer injected boiling water and acid into the brains of unconscious men he had lured home and drugged. Unsurprisingly, the experiment failed, but Dahmer kept and decorated the skulls of his victims. He kept other remains in a freezer and retained Polaroid photos of his victims in various postmortem poses (Purcell & Arrigo, 2006). While Dahmer was in prison awaiting his trial, eight psychiatrists and psychologists interviewed him. Three other mental health professionals had encountered Dahmer in other criminal justice contexts (Ewing & Thomson, 2006). Later, an FBI-profiler and a minister made their own observations (Ressler, 1997; Ratcliff, 2008). Dahmer’s father, Lionel, eventually wrote the autobiography A Father’s Story to provide further details about his son’s life (Dahmer, 1994), and journalists located teachers, acquaintances, near-victims, and other sources for additional information. Several clinicians who had interviewed Dahmer published their impressions of him as well, but in none of these accounts did the subject of Asperger’s arise. Asperger’s has been classified as a mild form of autistic disorder (Ritvo, Ritvo, Guthrie & Ritvo, 2008). In fact, some clinicians have stated that Asperger’s is essentially autism without autism’s communication deficits (Shatkin, 2009). Two primary features of Asperger’s are marked impairment in social interaction (often observable by others) and fixated patterns of interests and behavior. Others might perceive individuals with Asperger’s as odd, eccentric, or socially and emotionally indifferent (APA, 2000), especially as the second feature of the disorder often manifests itself in encompassing

CE AT HOME STUDY COURSE: 1 CE CREDIT In order to receive credit for the article, please go to http:// www.acfei.com/FESU0213 and look for course code FESU0213 to take the exam and complete the evaluation. If you have special needs that prevent you from taking the exam online, please contact the registrar at 800.423.9737. THIS ARTICLE IS APPROVED BY THE FOLLOWING FOR CONTINUING EDUCATION CREDIT: (ACFEI) The American College of Forensic Examiners Institute provides this continuing education credit for Diplomates and certified members. AFTER STUDYING THIS ARTICLE, PARTICIPANTS SHOULD BE BETTER ABLE TO DO THE FOLLOWING:

1. Define “distance diagnosis.” 2. Describe Silva’s approach in analyzing Jeffrey Dahmer’s “diagnosis.” 3. Discuss why a “distance diagnosing” approach fails when labeling and providing diagnostics. KEYWORDS: Serial killers, psychology, Jeffrey Dahmer, neuropsychiatric developmental perspective, Asperger’s disorder TARGET AUDIENCE: Clinicians, researchers, and criminalists DISCLOSURE: The authors have nothing to disclose PROGRAM LEVEL: Intermediate FINANCIAL DISCLOSURE: None PREREQUISITES: None

preoccupations about circumscribed topics (e.g., dinosaurs, weather, washing machines, etc.). People with Asperger’s might talk excessively about their passions in a pedantic, one-sided way. Psychiatrist Arturo J. Silva and his colleagues (2002) decided that enough investigation had been done on Dahmer to conclude that Dahmer had suffered from Asperger’s. Their primary source was A Father’s Story, the memoir that Lionel Dahmer had written following his son’s sentencing trial in 1992. Silva and his colleagues also based their conclusion on several true crime books, most of which had relied on media accounts. (One was written by a journalist who had interviewed a defense psychiatrist and read A Father’s Story, as well.) Summer 2013 THE FORENSIC EXAMINER®

MARCH 25, 1989 Anthony Lee Sears, 24, is invited to Dahmer’s basement apartment and murdered. Dahmer keeps the head and later paints the skull gray.

JUNE 14, 1990 Edward W. Smith, 27, is invited to 213 Oxford Apartments in Milwaukee, where Dahmer now lives. He is drugged and strangled, and his remains are dissolved in acid.

JANUARY 16, 1988 James Doxtator, 14, is taken to Dahmer’s basement apartment and killed. His flesh is removed with acid and the bones are pulverized.

MARCH 24, 1988

SEPTEMBER 15, 1987

CT Photo Credit: M

JUNE 18, 1978 Steven Hicks, 19, taken to Dahmer’s home and bludgeoned and strangled with a 10-pound barbell. Dahmer dissects, fillets, and dismembers Hicks’ body, pulverizing the bones, and burying them on the property.

Most mental health experts recognize that parents’ views toward their children are biased, and Lionel Dahmer’s views in A Father’s Story are no exception. Indeed, Lionel has admitted to having desperately hoped to see his son in an optimistic light, which caused him to miss many clues that his son had serious problems. Lionel has realized that his interpretations of his son’s behavior were naïve and influenced by his personal distance to Jeffrey, as well as his fear of the implications of Jeffrey’s difficulties. As a role model, he admits, Lionel had the emotional reserve typical of many men of Germanic extraction. A self-absorbed chemist, he spent a great deal of time at work. In contrast, Lionel described his wife, Joyce, as overly emotional and needy. This had triggered frequent fights. In addition, Joyce’s pregnancy had made her severely ill, so she had resorted to medication (Dahmer, 1994). Lionel failed to recognize the constellation of clues that signaled his son’s deteriorating

THE FORENSIC EXAMINER® Summer 2013

Steven Tuomi, 28, goes to Ambassador Hotel where Dahmer kills him, but later says he cannot recall what happened. Dahmer places the body in a large suitcase and brings it to his basement apartment at his grandmother’s West Allis house. After dismembering it, he puts the remains in the garbage.

mental condition, which eventually included substance abuse, sexual abuse, and, finally, murder. In part, this was due to Jeffrey’s secrecy, but it was also the result of Lionel’s parental need to prefer—or even cling to—the most benign interpretation possible of his son’s actions. Lionel realized that he had chosen to perceive several red flags as harmless behaviors. For example, Jeffrey had consumed alcohol from his family’s liquor cabinet and refilled the bottles with water, but Lionel did not— or chose not—to notice. As a young man, Jeffrey kept a full-sized male mannequin in his closet, but Lionel believed Jeffrey’s assurance that it was some kind of impulsive prank. When Jeffrey was arrested for molesting a boy, Lionel accepted Jeffrey’s lie that the contact had been accidental (Dahmer, 1994). In other words, Lionel Dahmer had believed what he wanted to believe, and the fact that he admits this proves that his book is an untrustworthy source in a quest for facts.

Richard Guerrero, 25, is taken to Dahmer’s basement apartment and strangled. The remains are placed in the garbage.

JULY 1990 Raymond Lamont Smith, 33, is invited from a club to Dahmer’s apartment, drugged, and strangled. The flesh is dissolved in acid and the bones used as decoration. Dahmer keeps the skull and paints it gray.

Nonetheless, Silva relies on it to support his factual analysis. Silva believes that Lionel’s observations indicate that young Jeffrey had problems with reciprocal interaction, lacked interests typical of peers his age, had a rigid body posture, had deficits in his “theory of mind,” and was fixated on necrophilia (Silva, et al., 2002). Many journalists have written about Dahmer, but Brian Masters (1993) offers the most detailed biography, on which Silva partly relies, as well. Masters knew that Dahmer had not wished to discuss his life, as he believed that nothing from his childhood would be revelatory. Lionel agreed to answer questions, but Joyce did not. Masters indicates that all descriptions of Joyce’s state of mind during her pregnancy with Dahmer were taken from a deposition that Lionel had written prior to their 1978 divorce proceedings. She believed that Lionel had distorted many things, and this lack of information from her is a significant concern in how accurately Masters framed his portrait of Dahmer.

Number of murders Dahmer committed in each year

APRIL 7, 1991

'/-. '/.- '/.. '/./ '//& '//'

Errol Lindsay, 19, meets Dahmer on the street, goes to his apartment, and is murdered. Dahmer keeps the skull.

SEPTEMBER 3, 1990 Ernest Miller, 22, meets Dahmer in front of a bookstore and agrees to go to his apartment for $50 to pose for photos, where Dahmer kills him. Dahmer attempts to eat parts of him and keeps the bleached skeleton.

SOURCE ISSUES Masters appears to have succumbed to conﬁrmation bias. He makes a number of clinical assessments, despite the fact that he is a journalist and not a psychologist. For example, in regard to Dahmer, he states: “The combined inheritance of his father’s aloofness and his mother’s morose sensitivity were beginning to cancel his own personality, to negate it, as it were, before its development was complete” (1993). Throughout the chapter labeled “Childhood” in his book, Masters describes Dahmer’s “schizoid” disorder. Further, any time evidence appears to contradict his notion, Masters manipulates it until it supports his argument. For example, it is known that Dahmer had several friends in high school, but Masters decided that since Dahmer was unable to “truly” make friends, these associations must have been superﬁcial (Masters, 1993). Thus, he begs the very question he is supposedly exploring. In another example, Masters ponders the possibility that Joyce’s de-

JULY 15, 1991 Oliver Lacy, 23, meets Dahmer on the street right after Dahmer has lost his job. He goes home with Dahmer and is killed there. His heart is placed in the refrigerator.

JUNE 30, 1991

FEBRUARY 18, 1991 Curtis Straughter, 19, meets Dahmer near Marquette University, goes home with him, and is killed. Dahmer keeps the skull.

JULY 5, 1991

Anthony Hughes, 31, a deafmute, meets Dahmer at a club, goes home with him to “pose,” and is killed. Dahmer keeps the skull.

David C. Thomas, 23, is killed in Dahmer’s apartment.

Jeremiah Weinberger, 23, meets Dahmer at a bar, goes to his apartment, and two days later, is killed. Dahmer drills holes in his skull, trying to remove his mind with boiling water. The experiment fails.

MAY 24, 1991

SEPTEMBER 24, 1990

Matt Turner, 20, meets Dahmer at a bus station and goes to his apartment. His dismembered body is among those found after Dahmer’s arrest.

MAY 26, 1991 Konerak Sinthasomphone, 14, was on his way to soccer practice when Dahmer entices him to the apartment and, after police nearly interrupt, kills him. In an effort to make a mindless slave, Dahmer drills a hole in Konerak’s skull to inject acid into the frontal lobe before he is strangled. The experiment fails. Dahmer keeps the remains in acid.

cision to stop breastfeeding Jeffrey could have caused him trauma. Without evidence, Masters links this to Dahmer’s reﬂection that as an adult, he was not good at coping with disappointment. Masters believes that Jeffrey’s lack of tantrums and other unpleasant childhood behaviors reveals his lack of a life spirit, or an “inner deadness which can be mistaken for goodness and sweetness” (Masters, 1993, p. 42). He also observes that Dahmer’s initial sexual exploration with another boy was “mild” and that Dahmer’s emotions were never “engaged” (Masters, 1993, p. 44). He claims Dahmer had wanted only to see the object (the body) and not to get to know the person in possession of it. How Masters knows this is unclear, since he never interviewed Dahmer. Dahmer was apparently shy, and many shy children ﬁnd socialization excruciating. This could explain his reticence to be involved with others. It does not, however, prove that he was inherently asocial. He tried to make friends, he joined the school band, and he had regular

JULY 19, 1991 Joseph Bradehoft, 25, meets Dahmer at a bus stop and goes to his apartment, where he is strangled. Dahmer keeps the head and torso.

lunch partners during junior high. He even made one close friend who shared his interest in dinosaurs and geology. Dahmer had once devised a game involving stick figures, and Masters believes that game is an indicator of Dahmer’s inability to relate to flesh-and-blood humans. Dahmer had called his game “Infinity Land,” which Masters finds “alarming” (Masters, 1993, p. 38). The fact that Dahmer’s stick men were annihilated if they got too close to one another seemed to Masters a foreshadowing of Dahmer’s inability to be close to anyone, even though Dahmer played this game socially, with a friend. To emphasize: Masters is not a clinician. Masters, in fact, appears to have cherry-picked his way through the material he gathered in search of “facts” supporting only his diagnosis. Although Masters discussed the case with some of the forensic professionals who had interviewed Dahmer, his account of Dahmer’s childhood still suffers from subjectivity. Summer 2013 THE FORENSIC EXAMINER®

Photo Credit: MCT

“I don’t even know if I have the capacity for normal emotions or not because I haven’t cried for a long time. You just stifle them for so long that maybe you lose them, partially at least. I don’t know.” — Jeffrey Dahmer

THE FORENSIC EXAMINER® Summer 2013

Dahmer’s father and his brother, David, had noticed another behavior that is more to the point: Jeffrey seemed to show little interest in motivating himself. By the age of 14 he was drinking regularly, perhaps to diminish the pain of his lonely existence. He would stare into space and appear to be thinking about nothing. He was awkward and helpless and seemed to have a hard time adapting to change (Dahmer, 1994). Any attempt to form a diagnosis based on the one-sided account provided by Lionel Dahmer or from the pseudo-clinical narrative offered by a journalist would suffer from insufﬁcient or inaccurate data. Many of the items several writers used to reveal Dahmer’s development into an emotionally devoid monster support other possibilities, as well. NEGLECTED SOURCES A revelatory source of information is the series of interviews that Dahmer and his parents gave to Stone Phillips for an MSNBC documentary. It is probably the longest videotaped interview that Dahmer gave (and the only one conducted for television), and it should have been part of the data clinicians used to form a diagnosis, e.g. Asperger’s. Not only does Dahmer speak freely during this interview, but his behavior is also visible for analysis. While

he does have a certain flatness (like his father), he also proves to be engaging and has no trouble keeping eye-contact. He also shows affection for Lionel. During the interview, Dahmer said that he had begun to shut down when his parents’ marriage became so difficult that his mother had insisted on divorce (Stone Phillips, 1994). had closed himself off to their arguments and receded further into a private world where he felt safe. He drank more and grew depressed. Still, he maintained a few friendships, but when he invited his friends home, things went missing from the house. Lionel demanded that Jeff invite no more friends over. Two boys tried to contact Jeffrey anyway, and Lionel told them to leave. When the divorce was final, Joyce tried to persuade both sons to move away with her, but Jeffrey remained in the home. His feelings for his mother, however, remained warm. After his arrest, Dahmer wrote in a note to his mother, now located in California, that he loved her very much and wished he had quit his job in Milwaukee to move closer to her. In a separate interview with Stone Philips, Joyce also speaks freely. She was insulted, she says, by Lionel’s published depiction of her medical problems and the implied blame for Jeffrey’s issues. She had told one psychiatrist prior to Dahmer’s trial that her husband had been aloof, absent, and disapproving. Although it is unclear how the interview was edited, key items indicate that in order to understand Jeffrey, it would be insufficient to rely on Lionel’s account alone. Joyce claimed that they did things that families normally do, that Jeff went through the typical milestones in his development, and that she saw nothing unusual about her son: “He was a normal young boy.” When told that a teacher had called him inordinately shy and profoundly unhappy, Joyce said that Jeff had not liked school, and that especially during their move when he was in first grade, he had a difficult year. He had never seemed “profoundly unhappy” to her (Stone Phillips, 1994). Of course, her account is likely biased as well, but it should still count as a source of information used for diagnosis. As previously mentioned, 11 mental health professionals encountered Dahmer, and none of the eight who assessed him in preparation for his 1992 sentencing proceeding diagnosed him with Asperger’s. Although Asperger’s was not formally included in the Diagnostic and Statistical Manual until its 1994 edition, around 50 articles had been published about its symptoms since 1981, and the 1992

International Classification of Diseases (ICD-10) had included it as a subcategory of Pervasive Developmental Disorders (Ehlers & Gillberg, 1993). The clinical community, preparing for the DSM-IV, was certainly aware of Asperger’s during that time. Eight experienced clinicians observed Dahmer as he responded to interviews. They noted that he could hold eye contact, ask questions, or offer extensive details about what he had done. The judge had even granted courtappointed psychiatrist George Palermo permission to perform a CAT scan on Dahmer’s brain as an adjunct to psychological testing and a chromosome analysis. Palermo spent about fourteen hours with Dahmer and made the following observation: “He generally provided direct and full answers to questions… He was emotionally tranquil and at ease as he recounted the many memories pertinent to his offenses. He gave the impression of being happy to finally be able to unburden his conscience of his horrendous crimes” (Palermo, 2008, p. 92). In court (and in later writings), Palermo said that Dahmer was the type of hostile, aggressive person—a sexual sadist—who had developed repetitive negative behaviors in order to fend off injuries to his ego. Palermo believed that Dahmer had been terrified of being alone and that, although disturbed, he was not psychotic. By destroying beautiful males, Palermo surmised, Dahmer was trying to rid himself of his emotional turmoil caused by his attraction to men. Clinical psychologist Samuel Friedman, also court-appointed, testified that Dahmer had been amiable, pleasant, courteous, and charming. He testified that Dahmer had even showed a sense of humor. Friedman agreed that Dahmer had been a lonely person looking for company in an inappropriate manner. He had administered the MMPI-II to Dahmer, finding that Dahmer ranked high on the scales for psychopathic deviate and schizophrenia. People with this ranking are peculiar in their thinking and behavior, mistrustful, needy, and defective when it comes to empathy. They tend to conflate sexuality with aggression and have difficulty controlling anger. For the prosecution, Dr. Fred Fosdel stated that Dahmer was cruel, cunning, and calculating. He had targeted vulnerable young men, lied to them, and was unconcerned with their terror and suffering. While Dahmer did practice necrophilia (an erotic attraction to corpses), this was not his dominant sexual preference. Affirming this, Dr. Park Dietz, a forensic psychiatrist from UCLA, denied that Dahmer had been suffering from any

known mental illness or that he was a sadist. Dahmer’s clarity of mind while responding to police with quick and easy lies, and the care he had taken to avoid detection, indicated that Dahmer was not a disorganized individual, nor one to inspire people to find him peculiar. He had a talent for luring men home and for deflecting police. Officers had testified that they questioned Dahmer on four different occasions without noticing anything unusual about him (“Police asked questions,” 1992). For the defense, Dr. Fred Berlin, the director of the Sexual Disorder Clinic at Johns Hopkins University, spent five hours with Dahmer. He testified that Dahmer suffered from necrophilia. The most common motive for this disorder is the attempt to gain possession of an unresisting or non-rejecting partner. Because Dahmer could not choose his form of sexual attraction and because it was so compelling that he was willing to kill to acquire a corpse, Berlin stated that Dahmer was unable to conform his conduct to the law. He had a “cancer of the mind” (Berlin, 1993). Robert K. Ressler, formerly with the FBI’s Behavioral Science Unit, interviewed Dahmer for several hours. He thought Dahmer showed pride in his acts and pleasure over all the attention he was getting (Ressler, 1993). In his experience, Dahmer was both articulate and willing to provide details, and Ressler had the impression that his narcissistic subject was attempting to shock him for effect. Ressler believed that Dahmer trivialized the lives of his victims. Another person who had spent many hours with Dahmer while he was serving his sentence was Roy Ratcliff, a Christian minister and counselor. He had baptized Dahmer and then led weekly Bible study sessions with him. “I never saw anything in him to indicate to me that he was off track, mentally,” Ratcliff stated. “As far as I can tell, Jeff was as sane as anyone” (Ratcliff, 2006, p. 155). Dahmer was able to engage in conversation, could look Ratcliff in the eyes, and seemed to be fully aware of his situation. From certain gestures of unsolicited affection, Ratcliff came to believe they were even good friends. If these clinically trained and experienced professionals had failed to see evidence for Asperger’s disorder, and if the symptoms are not evident in videotaped interviews, why would anyone offer this diagnosis? SELECTIVE ANALYSIS One of the greatest problems in Silva’s sense of Jeffrey Dahmer and subsequent diagnosis is that his main source was not an evaluation performed by a trained clinician. It was not

even an astute clinical interview with Dahmer’s father. Instead, it was Lionel Dahmer’s memoir. Although Lionel knew his son to a certain degree, an accurate diagnosis cannot be formed from his memories, especially when Lionel admits that he was largely absent during his son’s development and biased in his interpretations of his son’s behavior. A clinician could probe with questions eliciting more information to lead to quite different material and a different analysis. Joyce Flint saw her son far more often than Lionel did, and she insisted that Lionel had given an untruthful account of their past. Furthermore, in several interviews, Jeffrey contradicted a number of things that Lionel had believed to be true. In short, Silva’s primary source for a clinical diagnosis is significantly flawed. There is no need to even examine the problems with his other sources, the true crime accounts written by journalists. While Silva did look at articles published by mental health experts who had interviewed Dahmer, he ignored the fact that none of them had investigated the possibility of Asperger’s. Perhaps all Silva intends is literary flourish, but his publications indicate that he wants clinicians and others to take his observation seriously. We challenge a clinical diagnosis that lacks self-reports, observational tools, personality inventories, diagnostic interviews, all available domains of significant information, and possibly even IQ assessments. ALTERNATIVES One other important item to note is that information about Jeffrey from A Father’s Story could fit the criteria for other disorders besides Asperger’s. For example, things like apathy, a lack of facial expression, and withdrawn behavior could signal a depressive disorder (APA, 2000). It is also common to see deficits of social skills in individuals with social anxiety disorders, which are characterized by an individual’s having relatively few friends, disturbances in school function, difficulties with intimate relationships, and alcohol use (Albano, Marten, Holt, Heimberg, & Barlow, 1995; Wittchen, Stein, & Kessler, 1999). Other criteria could be matched with diagnoses for obsessive-compulsive disorder, schizoid or schizotypal disorder, or substance use. Dahmer’s observed behaviors also contradict Asperger’s disorder. Often, individuals with this disorder lack emotional inflection and have difficulty not discussing facts and knowledge they have accrued about their interests (Shaktin, 2009). Dahmer knew that it would be inappropriate to discuss things like his crimes, cannibalism, and fascination with Summer 2013 THE FORENSIC EXAMINER®

bodies with anyone before his crimes were discovered (Stone Phillips, 1994). He was able to keep these interests to himself. In addition, several accounts indicate that Dahmer had companions during different life stages, and that he was quite close to his grandmother. Had Dahmer presented the reciprocity problems associated with Asperger’s, then these problems would have hindered his ability to attract and converse with victims as easily as he reportedly did, let alone to persuade victims to accompany him back to his apartment. Jeffrey was, in fact, able to charm other people. Dahmer’s “awkward body kinetics” are another feature that supposedly supports Silva’s notions, but this symptom is not part of the DSM-IV-TR criteria. While some individuals with Asperger’s may present physical quirks and twitches, this behavior cannot be used to diagnose an individual with Asperger’s. During the MSNBC interview, however, Dahmer appears to have normal body movements. He shows a slight awkwardness, but this is not necessarily due to a pervasive developmental disorder. When he responds with annoyance or humor, he appears like any other person. He greets interviewer Stone Phillips appropriately and has a normal tone of voice and facial expression. While speaking, he exhibits normal eye-to-eye contact, has typical speech inflection, and shows an appreciation for his own emotions and the emotions of others. If Dahmer had Asperger’s disorder, even those without training in psychopathology would have realized that there was something “off ” about him. Certainly, he would not have gotten past 11 different mental health professionals without at least one of them suggesting this diagnosis. SUMMARY Although there is a literary tradition of psychological biography that relies on postmortem analysis, this is quite distinct from deciding that a specific clinical diagnosis can be applied to individuals that one has never met. Unfortunately, since Silva’s original publication, he and others have used this form of diagnosis to hypothesize what motivates other offenders. Distance diagnosis, however, is problematic. If employed at all, clinicians should use it with appropriate clinical instruments and sources and warn readers of its highly speculative nature. At the very least, clinicians should recognize its inherent bias and incomplete information, and attempt to rectify these flaws. In Dahmer’s case, this was possible.

THE FORENSIC EXAMINER® Summer 2013

If this diagnostic trend continues without including visible qualiﬁcations, it could result in the belief that psychological analysis lacks substance altogether. This could have wideranging repercussions for the professional community. REFERENCES Ablow, K. (2006). Inside the mind of Scott Peterson. New York, NY: St. Martin’s. American Psychiatric Association (2000). Diagnostic and statistical manual of mental disorders DSM-IV-TR: American Psychiatric Association. American Psychological Association (2002). Ethical principles of psychologists and code of conduct. American Psychologist, 57, 1060-1073. Berlin, F. S. (1994). Jeffrey Dahmer: Was he ill? Was he impaired? Insanity revisited. American Journal of Forensic Psychology, 15, 5-29. Dahmer, L. (1994). A father’s story. New York, NY: William Morrow. Ehlers, S. & Gillberg, C. (1993). The epidemiology of Asperger’s syndrome: A total population study. Journal of Child Psychology and Psychiatry and Allied Disciplines, 34(8), 1327-1350. Jentzen, J., Palermo, G., Johnson, L.T., Ho, K. C., Stormo, K. A., & Teggatz. (1994). Destructive hostility: the Jeffrey Dahmer case. A psychiatric and forensic study of a serial killer. The American Journal of Forensic Medicine, 15(4), 283-294. Lewis, A. (2011, July 13) Keith Ablow previews ‘Inside the Mind of Casey Anthony.’ The Hollywood Reporter. Masters, B. (1993) The shrine of Jeffrey Dahmer. London, UK: Hodder. Palermo, G. (2008). Narcissism, sadism and loneliness: The case of serial killer Jeffrey Dahmer. In Kocsis R. (Ed.), Se-

rial Murder and the Psychology of Violent Crime. Totowa, NJ: Humana Press. Police asked questions 4 times but Dahmer kept secret hidden (1992, February 11). Deseret News. Purcell, C. E., Arrigo, B. A. (2006). The psychology of lust murder: Paraphilia, sexual killing, and serial homicide. Burlington, MA: Academic Press. Ratcliff, R., with Adams, L. (2006). Dark journey, deep grace: Jeffrey Dahmer’s story of faith. Abilene, TX: Leafwood. Ressler, R. K., Shachtman, T. (1997). I have lived in the monster. New York, NY: St. Martin’s. Ritvo R. A., Ritvo E. R., Guthrie D., & Ritvo M.J. (2008). Clinical evidence that Asperger’s disorder is a mild form of autism. Comprehensive Psychiatry, 49 (1), 1-5. “Robin of Berkeley” (2010, June 11). A shrink asks: what’s wrong with Obama? American Thinker. Retrieved from http://www.americanthinker.com/2010/06/a_shrink_asks_ whats_wrong_with.html Shatkin, J. (2009). Treating child and adolescent mental illness: A practical, all-in-one guide. New York, NY: Norton, W. W. & Company, Inc. Silva, J. A., Ferrari, M. M., & Leong, G. B. (2002). The case of Jeffrey Dahmer: Sexual serial homicide from a neuropsychiatric developmental perspective. Journal of Forensic Science, 47(6), 1347-1359. Silva, J. A., Leong, G. B., & Ferrari, M. M. (2004). A neuropsychiatric developmental model of serial homicidal behavior. Behavioral Sciences and the Law, 22: 787-799. Stone Phillips (Interviewer). (1994, February). Confessions of a serial killer (television broadcast) New York, NY: MSNBC.

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ABOUT THE AUTHORS AMY SABORSKY, PsyD, has been an Assistant Professor of Psychology at DeSales University since 2009. Dr. Saborsky’s research interests include childhood disorders such as AD/HD, Oppositional Defiant Disorder, Conduct Disorder, Autism, Pediatric Anxiety Disorders, and Postpartum Depression. Dr. Saborsky teaches several courses at DeSales University including Human Development, Child and Adult Psychopathology, Cognitive Psychology, CognitiveBehavioral Therapy, and Research, Design, and Analysis. Prior to her position at DeSales, Dr. Saborsky spent two years at the NYU Child Study Center in the Anita Saltz Institute for Anxiety and Mood Disorders. Here she worked primarily as project director on a study that provided Cognitive-Behavioral Therapy to children and adolescents with anxiety disorders and non-medical physical complaints. Articles for this research have been published in the Journal of Clinical Psychology in Medical Settings and Depression and Anxiety. Dr. Saborsky also has publications from her research on postpartum depression in the Journal of Clinical Psychology in Medical Settings and on autism in the Behavioral Development Bulletin. Dr. Saborsky also practices as a clinical psychologist at Associates for Counseling and Educational Services in Doylestown, PA. KATHERINE RAMSLAND, PhD, CMI-V has published over 1,000 articles and 47 books, including The Forensic Psychology of Criminal Minds and Beating the Devil’s Game: A History of Forensic Science and Criminal Investigation. Dr. Ramsland is a professor of forensic psychology at DeSales University in Pennsylvania and has been a member of the American College of Forensic Examiners Institute since 1998.

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A Mind for Murder: The Real-Life Files of a Psychic Investigator By Noreen Renier: Court TVâ&#x20AC;&#x2122;s Psychic Detective Like something straight out of a science ďŹ ction movie, the book A Mind for Murder follows the life of psychic investigator, Noreen Renier. This fascinating memoir offers readers the rare opportunity to see inside the mind of a professional psychic who has helped the police uncover the clues needed to solve crimes for over 40 years. Renierâ&#x20AC;&#x2122;s compelling accounts of some of her most interesting, controversial, strange, and at times disturbing cases make this book hard to put down. Her remarkable career has included some very impressive accomplishments including predicting the assassination attempt on Ronald Reagan, providing the location of Lacy Petersonâ&#x20AC;&#x2122;s body, and being the ďŹ rst and only psychic to lecture at the FBI Academy. In the preface of this book, Renier paints a vivid word picture of how her psychic ability works. â&#x20AC;&#x153;Just as a dog picks up a scent trail that we humans canâ&#x20AC;&#x2122;t detect, my mind taps into the turbulent energy left behind by a moment of explosive violence and I relive the brutal event.â&#x20AC;? This insight sets the tone for the whole memoir. The book starts off by telling readers how Renierâ&#x20AC;&#x2122;s journey began. Renier wasnâ&#x20AC;&#x2122;t always in touch with her psychic ability. Like many others, she believed all psychics to be charlatans and frauds. That all changed on a sunny day in 1976 when she unexpectedly channeled the spirit of her friendâ&#x20AC;&#x2122;s dead grandmother while doing breathing exercises at her kitchen table. The experience both unnerved and fascinated her. Renier began researching psychic ability and educated herself about this strange new world. She partnered with the parapsychology department of Duke University to learn about and test her ability. The experiments and exercises had some very interesting and unexpected results. MRI tests revealed that during her psychic trance, Renier taps into areas of her brain that arenâ&#x20AC;&#x2122;t normally used by the average person. While it would have been interesting to have a more in-depth explanation of those ďŹ ndings, the omission of these Book Review by Wendy Briggs facts does not diminish the charm and allure of this intriguing memoire. Using a conversational tone infused with humor, Renier does a wonderful job describing her experiences, giving readers a better understanding of what it is like to be a psychic investigator. She also uses her experiences to provide some pointers and tips for law enforcement professionals who might at some point in their career ďŹ nd themselves seeking out the help of a psychic investigator. As she humbly states in her book several times, â&#x20AC;&#x153;I do not solve crimesâ&#x20AC;Ś the police do.â&#x20AC;? Renier gives credit to the law enforcement ofďŹ cers sheâ&#x20AC;&#x2122;s worked with and reminds readers that she is simply one of the tools ofďŹ cers use to gather information. In her investigations, Renier has psychically become victims and/or their murderers. While in her psychic trance, she describes the crimes as they happened and even experiences the pain and emotions of the people involved. Unable to write about every case sheâ&#x20AC;&#x2122;s worked on, Renier provides a wide variety of cases from those involving missing persons, murder, and even the unexplained death of a horse. Whether youâ&#x20AC;&#x2122;re a skeptic or true believer in the abilities of psychics, A Mind for Murder is a fascinating read. Noreen Renier has written a heart-felt, candid account of how she discovered her psychic ability and developed it enough to use as a private investigator. Â&#x201E;

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Filled with eloquent attorney speeches, colorful testimonies, and fascinating evidence, Murder in Muncy Creek offers a true account of the salacious murder trial and subsequent capital murder conviction of Pennsylvania man John Earls. The well-researched historical record shows the early makings of not only the American judicial system just 60 years into our countryâ&#x20AC;&#x2122;s infancy, but also the development of forensic science. In an effort to preserve history and present the facts exactly as they were revealed, authors and distant relatives of the convicted, William and Peggy Bailey, chose to tell the story not in their words, but with the original court documents recorded in the 1836 trial. The reader acts as juror, then, seeing the trial unfold before them through each attorneyâ&#x20AC;&#x2122;s valiant attempt to carry out justice and due process despite conďŹ&#x201A;icting testimony and complex circumstances. The audience, however, will not envy the decision laid out before the jurors as this largely circumstantial case was certainly not an easy one to decipher and would become the ďŹ rst capital murder conviction in Lycoming County. One will wonder if members of the jury reconsidered that conviction after Earls was hanged for the crime or stood steadfast in their verdict. Finally, the most remarkable attribute about this book, and the trial that lies within, is the precedent-setting forensic testing used to determine cause of death, which surely was a feat rarely bothered with in the early 1800â&#x20AC;&#x2122;s, especially in an area that could be likened to the Wild West with its debauchery and near lawlessness. Rich with history, scandal, and a rare glimpse into the foundation of modern forensic science, Murder in Muncy Creek will certainly be a page-turner. Â&#x201E;

SUBMIT YOUR BOOK FOR REVIEW TODAY! 52

FOR MORE INFORMATION CONTACT THE EDITOR AT: The Forensic ExaminerÂŽ

There are many companies today that desire the ability to continue offering an excellent health plan to their employees. However, with continual changes to healthcare laws they ďŹ nd their costs continuing to rise and the regulations harder to navigate. Additionally, there are so many different choices in plans and business associates that it is difďŹ cult to determine the best course of action for the company without diminishing the quality of the plan. In his 2011 book, Forensics of a Medical Plan, F. Randall Childers, Jr. takes an in-depth approach to examining the types of health beneďŹ t plans available, as well as the determining factors a company should consider during the choice of a health plan. While the author explains several different plans available and the difference between them, his main focus is on the matrix of the self-funded medical plan. He covers the difference between agents, brokers or consultants, third party administrators, and contract administrators. He includes a very beneďŹ cial tool in the back of the book to assist in the evaluation of a contract administrator. He also touches on several of the most important considerations that should be taken into account. Childers uses his knowledge as a licensed third party administrator, employee beneďŹ ts consultant, life and health insurance agent, and more than 25 years of experience to provide a comprehensive look at these areas. A few of the areas covered are stop loss coverage, managed care, pharmacy beneďŹ t management, and out of network repricing and negotiation. Additionally, he believes that a company should request and analyze speciďŹ c reports in order to make the best viable decision. This data risk analysis contributes to the ability of the company to ensure that both their employees and the company are receiving the best product available. Mr. Childers does an excellent job of explaining what reports to ask for as well as what to look for in those reports. This book provides clarity of terms and legalities that are otherwise hard to understand. The medical plan components discussed as well as the tools included should provide a company with the understanding needed to maneuver their way through the labyrinth of medical plans and business associates available. Â&#x201E;

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editor@acfei.com 800.592.1399

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B;=7B BY: JOSHUA K. ROBERTS, JD

“

…public defenders should not be put in the position of choosing to obey the court or to obey their ethical obligations and the Sixth Amendment.

”

L A N O I T I D A CON : L E S N U O C O T T H G I R TIONAL U T I T S N O C OF A THE BIRTH

Summer 2013 THE FORENSIC EXAMINER®

6TH AMENDMENT In the quiet little town of Ozark, Missouri, nestled between the Bass Pro Shops of Springfield and the bright lights and country music of Branson, Judge John Waters appointed a public defender to assist a defendant with criminal charges like he had done hundreds, maybe even thousands of times before. Only on this day, the public defender said no. He explained that their office already had too many clients and the overwhelming caseload prevented them from taking any more files. Left with few options, Judge Waters ordered the public defender’s office to represent the defendant. From there an appeal was made and ultimately the Supreme Court of the State of Missouri ruled that despite the Sixth Amendment’s guarantee to the appointment of a lawyer, the public defender’s office had the right to close its doors and refuse to take cases. In doing so, a constitutional crisis was born.

THE FORENSIC EXAMINER® Summer 2013

The Sixth Amendment of the United States Constitution provides that “In all criminal prosecutions, the accused shall enjoy the assistance of counsel for his defense.” While defendants have always enjoyed the right to hire their own counsel, the Sixth Amendment becomes problematic when a defendant cannot afford to hire an attorney. While jurisdictions use different approaches in providing legal counsel for criminal defendants who cannot afford private attorneys, the most common system is a governmentally funded public defender ofﬁce.

HISTORY The first person to ever propose the creation of a public defender office was California’s first female attorney, Clara Shortridge Foltz. In a time before there were public defenders, young, inexperienced attorneys were often ordered by courts to defend indigents pro bono, and in that capacity, Foltz saw firsthand the inequitable results of that system. Foltz first proposed the idea of a public defender in a speech at the Chicago World’s Fair in 1893. As a result of her energetic lobbying, Los Angeles County hired Walton J. Wood to head the first public defender’s office in the United States in January 1914. In 1921, the California legislature extended the public defender system to all its state courts, but it would take over a half century for the system to reach all fifty states. In the famous Scottsboro Boys’ case, nine black men were accused of rape by two white women in Alabama. Despite being unable to afford counsel, the judge declined to appoint an attorney to represent them. The United States Supreme Court held that the indigent defendants, unable to afford to hire their own attorneys and accused of what was then a capital crime, had the right to a court-appointed attorney under the Sixth Amendment. Powell v. Alabama, 287 U.S. 45 (1932). One of the underlying social concerns in Powell was guarding against the danger that innocent people would suffer false accusations motivated by racism, then end up facing punishment because their poverty precluded them from obtaining guidance through the potentially unfair trial process. Although Powell was a landmark case, the Court’s decision applied only to capital crimes. The case in the United States that helped pave the way for all defendants to be guaranteed an attorney in criminal proceedings was Gideon v. Wainwright, 372 U.S. 335 (1963). In Gideon the Court established a clear

doctrine: the Sixth Amendment right to counsel is a fundamental right, essential for a fair trial, and necessitates that courts appoint lawyers for all impoverished defendants facing potential imprisonment. The Court’s decision also required all ﬁfty states to create a system to provide this defense and the due process safeguards that the Supreme Court deemed necessary for a constitutionally sound criminal justice system.

CURRENT PUBLIC DEFENDER SYSTEM Today, public defender ofﬁces function as an agency of the federal, state, or local government, and as such, the attorneys are compensated as salaried government employees. While public defender agencies are supported by public funding, they are ethically bound to be independent and to not take direction from the government as to the handling of cases. Issues often arise in regard to appropriate levels of public defender funding. If ofﬁces are under-funded, attorney caseloads can become so excessive that they are unable to provide adequate representation.

FUNDING AND CASELOAD PROBLEMS Problems of excessive caseloads and inadequate funding plague many public defenders’ ofﬁces. In jurisdictions where excessive caseloads are present, it can seriously undermine a defendant’s ability to receive effective assistance of counsel. The elected public defenders in Florida have engaged in extensive litigation regarding these issues. This litigation is based on their ethical and constitutional duties to provide effective counsel to their clients. In March of 2011, Kaustuv Basu of Florida Today interviewed a private attorney in Florida regarding his caseload. “A busy attorney might take 50 to 100 cases a year. If you take more than that, you might not be able to remember who your clients are and what their cases are about.” The article went on to note that in the same county, the average caseload of a public defender was 550 felonies and 610 misdemeanors annually. In an attempt to alleviate these problems, the American Bar Association and the National Legal Aid & Defender Association have promulgated standards relating to appropriate caseloads for public defenders. Both organizations cite studies which indicate that the outcomes for properly funded public defender clients are on equal footing to clients of private attorneys in the same jurisdiction, while insufﬁcient funding can lead to the ineffective assistance of counsel.

EFFECTIVE ASSISTANCE OF COUNSEL The mere appointment of a lawyer is insufficient to meet constitutional standards. A defendant must actually receive competent legal assistance. “That a person who happens to be a lawyer is present at trial alongside the accused… is not enough to satisfy the constitutional command.” Strickland v. Washington, 466 U.S. 668, 687 (1984). Neither judges nor public defenders satisfy “[t]he Constitution’s guarantee of assistance to counsel…by mere formal appointment.” Avery v. Alabama, 308 U.S. 444, 446 (1940). Rather, “[a]n accused is entitled to be assisted by an attorney, whether retained or appointed, who plays the role necessary to ensure that the trial is fair.” Strickland, 466 U.S. at 685. “In other words, the right to counsel is the right to effective assistance of counsel.” Kimmelman v. Morrison, 477 U.S. 365, 377 (1986) (emphasis added). Rules of professional conduct also impose on all counsel an “ethical duty to provide effective assistance of counsel to [their] clients.” Pratte, 298 S.W.3d at 890; see also Missouri Supreme Court Rules 4-1. Counsel violates these rules if he or she accepts a case that results in a caseload so high that it impairs the ability to provide competent representation, to act with reasonable diligence, and to keep the client reasonably informed. No exception exists to the ethics rules for lawyers who represent persons who cannot pay for the services rendered.

THE CONSTITUTIONAL CRISIS IN

MISSOURI

Public defenders in the state of Missouri labor under the same constitutional standards as the rest of the nation. “The Sixth Amendment right to counsel is a right to effective and competent counsel, not just a pro forma appointment whereby the defendant has counsel in name only.” State ex rel. Mo. Public Defender Commission, et al. v. The Honorable John Waters, et al. (Mo. banc. 2012). In Missouri, the office of state public defender is charged with providing representation to indigent defendants facing criminal charges filed by the state. The office operates under the control of the public defender commission which promulgates rules that govern all public defender offices. A mounting concern with the system is that, due to the growth in the number and complexity of cases requiring public defender services, without a corresponding increase in the number of public defenders, caseloads have increased to levels that interfere with the ability to fulfill the constitutional, statutory, and ethical obligations to represent clients effectively and competently. To address that concern, the commission enacted regulations with the express purpose of ensuring “that cases assigned to the Missouri state public defender system result in representation that effectively protects the constitutional and statutory rights of the accused.” 18 CSR 10-4.010. As an integral part of the rule, the commission is required to “maintain a caseload standards protocol identifying the maximum caseload each district office can be assigned without compromising effective representation.” Id. When a district office exceeds the maximum caseload standard, “the director may limit the office’s availability to accept additional cases.” Id. And that is exactly what happened on July 28, 2010, when Jared Blacksher appeared for his initial arraignment. Despite the public defender’s pronouncement that the office was above caseload standards and could not accept any more cases, Judge Waters, over objection, appointed the public defender’s office to represent him anyway. Summer 2013 THE FORENSIC EXAMINER®

Thereafter, the public defender’s office filed a motion to set aside the appointment and it was set for hearing. The Supreme Court noted that Judge Waters gave “thoughtful consideration” to the issues raised by both parties. Judge Waters remarked that it was a “horrible situation” and he was “not criticizing anybody,” but that “judges are in the middle.” He concluded by stating his belief that “under the Constitution and the Sixth Amendment, I have no choice but to do what the law requires and appoint the public defender to represent Mr. Blacksher.” Waters at 7. Interestingly, this is not the first time the state of Missouri has faced this issue. In the case of State ex rel. Picerno v. Mauer, 920 S.W.2d 904 (Mo. App. 1996), a public defender appointed to represent a defendant renewed, on the day of trial, a previously denied request for a continuance because he had not had adequate time to prepare due to his excessive caseload. Id. at 906. As such, the attorney argued that “the defendant would not get a fair trial, due process or adequate representation without a continuance.” Id. The judge again denied the continuance and ordered counsel to proceed with the trial. Id. When the attorney instead left the courtroom, the trial court held him in criminal contempt for violating the court’s order. Id. at 905. The attorney subsequently petitioned for a writ prohibiting enforcement of the court’s contempt order. Id. In addressing that petition, the appellate court explained that, while it “sympathize[d] with public defenders for the workload they must undertake,” the attorney’s refusal to obey the court’s order constituted contempt because “[a]ny attack on the propriety of the order must be by judicial process and not willful disobedience.” Id. at 911. What everyone did agree on was that public defenders should not be put in the position of choosing to obey the court or to obey their ethical obligations and the Sixth Amendment. In deciding the case of Jared Blacksher, the Missouri Supreme Court held that, “the key issue in dispute here is whether the duty of public defenders to provide a defense to indigent criminal defendants…requires them to accept a judge’s appointment to act as counsel no matter the size of their existing caseload and their ability to provide effective representation to their existing or any additional clients.” Waters at 17. The Court ultimately held that overloading the state’s public defender system is tantamount to denying a defendant the required effective assistance of counsel and allowed it to refuse cases, holding that “trial judges have inherent authority, and an inherent responsibility, to manage their dockets in a way that respects the rights of the defendant, the public, and the state, and that respects the obligation of public defenders to comply with the rules governing their representation. An effective means of so doing is for judges to ‘triage’ cases on their dockets so that those alleging the most serious offenses, those in which defendants are unable to seek or obtain bail, and those that for other reasons need to be given priority in their resolution also are given priority in appointment of the public defender and for scheduling of trial, even if it means that other categories of cases are continued or delayed, either formally or effectively.” Id. at 3. The far reaching implications of the Missouri Supreme Court’s ruling have yet to fully play out in Missouri. One solution adopted by Jefferson County, Missouri was to enact a temporary local rule allowing judges to appoint any private attorney who had entered an appearance in said county in two or more cases, of any type, in the previous two years. In March of 2013, attorney Richard P. Dorsey, III found himself caught in the wide net cast by the Jefferson County Court and was subject to an appointment to represent an indigent defendant even though his law firm was located almost an hour away from the courthouse. Dorsey objected, and after a hearing on the issue, the judge required Dorsey to stay on the case stating, “it’s a hardship for everyone…” Dorsey plans to appeal the ruling, according to www.Molawyersmedia.com.

THE FORENSIC EXAMINER® Summer 2013

CONCLUSION Ultimately, what is clear is that a police officer’s Miranda warning, which includes a statement that the accused will be appointed an attorney if he cannot afford one, may no longer be an absolute certainty. Further, the Missouri Supreme Court expressly acknowledged that its opinion will result in the delayed prosecution of cases, a delay in punishment of the guilty, a delay in providing justice for victims, and a delay in acquittal of the not guilty. It also acknowledged that its decision could result in the release of some offenders because of a violation of their right to a speedy trial under the United States and Missouri constitutions, but stated that the risk of such consequences cannot “justify the denial of the defendants’ Sixth Amendment right to counsel, nor can it justify requiring public defenders to undertake representation in violation of their ethical obligations.” Id. at 3. When coupled with the old adage that “justice delayed, is justice denied,” it becomes apparent that the criminal justice system as we know it stands on the brink of a constitutional crisis.

ABOUT THE AUTHOR JOSHUA K. ROBERTS, JD, has been a partner with the law firm of Hazelrigg, Roberts & Easley, P.C. since 1998. The firm is headquartered in Springfield, Missouri with a satellite office in Ozark, Missouri. His principle practice areas include civil litigation and criminal defense. Josh is a member of the Missouri, Springfield Metropolitan and Christian County Bar Associations and a featured speaker on Law Talk, KWTO 560 AM. His largest recent verdict or judgment was $1.9 million in the case of Warner v. Greenleaf. Away from law, Josh is an Elder and Deacon in his church, enjoys teaching Sunday School and playing bass guitar in the praise band. In his spare time he enjoys spending time with his family and coaching his son’s football and basketball teams.

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C r ys ta l l i z i ng P s yc h o t h e ra p y: DR. HERVEY CLECKLEY IF WE CAN BELIEVE THE TRENDY HEADLINES, PSYCHOPATHS ARE EVERYWHERE! More psychopaths enter the business field, says one study, than go into education. Another asserts that how psychopaths smell is a dead giveaway, as is their phrasing on Twitter. Bestselling books even show how to spot them—especially if your boss is a psychopath. Many of these studies are flawed, but this constant flow of media attention proves that the topic is popular. Still, the label is becoming nearly as vacuous as it was a century ago. Although psychopathy was one of the first personality disorders that psychiatry formally recognized, it was difficult during the nineteenth century to devise a workable concept. Alienists described it variously as “insanity without delirium,”“moral insanity,” and “psychopathic inferiority.” It became a “trashcan” label for any number of conditions. This changed in 1941, when American psychiatrist Hervey M. Cleckley published The Mask of Sanity. He viewed psychopathy as the “most baffling and most fascinating” disorder, so he developed a list of traits and behaviors that built a frame for how we now define it. However, few today know much about Cleckley himself, or that he had a hand in some rather notable cases.

THE PSYCHOPATH Cleckley was born in Augusta, Georgia, in 1903. Not much is written about his early life, but while at the University of Georgia, he won a Rhodes scholarship and attended Oxford University. In medical school, he specialized in psychiatry and neurology. Landing a teaching position at the Medical College of Georgia, he became chief of psychiatry and neurology at University Hospital. Here, he found that one out of eight patients was classifiable as a psychopath. Cleckley was concerned that psychopathy presented “a sociological and psychiatric problem second to none,” in part because psychopaths did not seek treatment and their lack of symptoms precluded detaining them against their will. Even if this could be done, Cleckley observed, there were no provisions in prisons or hospitals for dealing with them. Where clinical assessment and treatment were concerned, psychopaths were on a back burner. “This group,” he wrote, “plainly marked off from the psychotic by current psychiatric standards, does not find a categorical haven among the psychoneurotic.” Because the syndrome was difficult to spot from outward symptoms, he thought, the psychiatric terminology offered no way to understand and address such people. Nevertheless, someone needed to study them. He forged ahead and his patients formed the basis for the first edition of his seminal work, The Mask of Sanity: An Attempt to Clarify Some Issues About the So-called Psychopathic Personality. Cleckley distilled sixteen traits and behaviors that formed a specific profile. Among them were irresponsibility, self-centeredness, shallowness, superficial charm, lacking in empathy or anxiety, and a likelihood

THE FORENSIC EXAMINER® Summer 2013

of committing more types of crimes than other offenders. Violent psychopaths were also more extreme in their aggression, more likely to recidivate, and less responsive to treatment. We best recognize psychopaths not in clinics or prisons, Cleckley discovered, but in situations in which they can effectively operate. Thus, he went on to examine this personality type in other walks of life, such as business, science, politics, and even medicine (including psychiatry). To put the condition in perspective, in the fifth edition of The Mask of Sanity (1976), Cleckley used a metaphor: A pair of copper wires carrying 2,000 volts of electricity, kept apart, is inert. “When we look at them, smell them, listen to them, or even touch them separately, [they] may give no evidence of being in any respect different from other strands of copper.” However, connect these seemingly innocuous wires to a motor to make the circuit, and the unmistakable evidence of electricity appears. “So, too, the features that are most important in the behavior of the psychopath…become manifest only when he is connected into the circuits of a full social life.” The best-known instrument today for assessing psychopathy is the Psychopathy Checklist-Revised (PCL-R). Robert Hare and his colleagues developed it, but Hare admits that Cleckley’s list influenced him. In turn, Cleckley was influenced by Hare’s prison research in Canada. In a signed copy of The Mask of Sanity, Cleckley inscribed: “For Robert Hare, whose impressive studies of the psychopath have encouraged and stimulated me over the years and have played an important part in enabling me, after long frustration, to complete this fifth edition.”

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THE REAL THING Chris Sizemore, 25, suffered from blinding headaches and blackouts. She was referred to a psychiatrist, Corbett Thigpen, who had a private practice with Cleckley. At first, Thigpen believed that Sizemore had issues from marital conflicts, but after she mentioned her memory loss from a trip she’d taken, he consulted with Cleckley. They used hypnosis on her to rule out amnesia. Soon they received a letter from Sizemore, at the bottom of which was a paragraph in a childish scrawl. When they asked Sizemore about it, she denied Chris Costner Sizemore walking the sending it. She had started a letred carpet at the 51st Anniversary Encore ter, she admitted, but had not Presentation of the World Premiere of The Three Faces of Eve, 18 September finished it. Then she asked what 2008 at the Imperial Theater, Augusta, it meant to hear an imaginary Georgia. PHOTO CREDIT: Frank Lazenby voice: Was she insane? As she described her experience, Sizemore placed both hands on her head and went silent. After a long moment, she looked up with a “reckless” smile and said, “Hi there, Doc.” This was not the sad and retiring patient they were used to. Sizemore now seemed carefree, engaged, and erotically mischievous. She introduced herself by another name, and even her voice was different.

The psychiatrists believed they had a rare but genuine case of multiple personality disorder. This was a real opportunity! Cleckley believed that a full study of case details was the best way to identify the origins of such abnormal conditions. He called this “action research.” In Sizemore’s case, he and Thigpen tried to avoid bias by involving other experts to give psychometric, projective, and EEG tests. The two psychiatrists spent over a year collecting data on Sizemore’s personalities, using hypnosis to control them. For their case study for publication, Cleckley and Thigpen gave the distinct personalities different names. Eve White was their initial patient. Eve Black was the gregarious personality. Eve White’s IQ was 110 and Eve Black’s 104. This was not significantly different, but Eve White’s memory scores were strikingly superior. Eve Black was better adjusted, albeit “regressive,” while Eve White was care-worn and obsessive-compulsive. Eventually, a third personality emerged who was confident and responsible. They called her Jane. Thigpen and Cleckley speculated that Sizemore’s “splitting” was rooted in a series of traumatic events that she’d witnessed growing up in the South during the Depression. Despite substantial hypnotic probing, Sizemore never described childhood abuse, so the doctors believed that her condition had developed from her conflicted sexuality. After a year of therapy, they declared that the two Eves had fully integrated and Sizemore was cured (she later disputed this). In 1953, they presented their case study of “Eve” to the professional community and soon published their sensational bestseller The Three Faces of Eve. Cleckley acquired the status of a celebrity expert on mental disorders.

Like Cleckley, Hare describes psychopathy as a personality disorder that offers a distinctive cluster of traits and behaviors, “most of which society views as pejorative.” Among the most salient features are a callous disregard for the rights of others and a propensity for predatory behaviors. Without remorse, psychopaths charm and exploit others for their own gain. They lack empathy and a sense of responsibility, and they manipulate and dupe others with no regard for the harm they may do. They can also be quite parasitic, but they’re not all criminals (or serial killers). If caught in a lie, they feel no shame. Hare believed that about one in a hundred people was a psychopath. Cleckley had certainly created a legacy in this ﬁeld, but psychopathy research was just one of his interests.

Corazon Amurao had hidden under a bed. She listened as Speck raped and strangled her friend. Then he left, apparently unaware he’d overlooked a witness. After Amurao called for help, she gave police a description. They discovered his name: Richard Speck, age 24. Soon, he was in custody, confirmed by Amurao’s identification, and charged with eight murders. Speck said he remembered nothing after a day of drugs and drinking, and entered a plea of not guilty. Psychiatrist Marvin Ziporyn spent time with Speck in prison. Convinced that he was no psychopath, Ziporyn worked hard to get Speck to behave in ways he thought were consistent with genuine remorse. It bothered Ziproyn that among the psychiatrists hired to interview Speck before his trial was psychopathy expert Hervey Cleckley. Ziporyn doubted that Speck would get a fair hearing. Speck, it turned out, liked Cleckley, especially his soft accent and “southern talk.” To Ziporyn’s annoyance, Speck withheld information that might have mitigated his offense. Cleckley made a passing mention of Speck in a new edition of The Mask of Sanity, dismissing the attempts to identify a chromosomal abnormality as the cause of his violence. In Cleckley’s opinion, Speck had killed the eight nurses merely for thrill. He was not, as Ziporyn seemed to believe, as much a victim on that fateful night as the eight murdered nurses. Another decade passed before an odd coincidence brought Cleckley into an even higher profile case.

EXAMINING SPECK Eight student nurses roomed together in a house in Chicago. On July 13, 1966, an unemployed ne’er-do-well, Richard Speck, entered and forced those who were home (including a visitor) into a single room. He bound them and claimed he just wanted to rob them. As others arrived, he brought them to the room. Then, one by one, he took them out again. The bound women heard mufﬂed screams, sounds of a struggle, and then ominous silence. Speck kept coming back until just two remained.

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THE FOLLOWING IS A CHRONOLOGICAL SUMMARY OF THE 20 IDENTIFIED VICTIMS AND FIVE IDENTIFIED SURVIVORS:

1974

TED BUNDY

WASHINGTON, OREGON t JANUARY 4: JONI LENZ (pseudonym) (age 18): Bludgeoned and sexually assaulted in her bed as she slept; survived t FEBRUARY 1: LYNDA ANN HEALY (age 21): Bludgeoned while asleep and abducted; skull and mandible recovered at Taylor Mountain site t MARCH 12: DONNA GAIL MANSON (age 19): Abducted while walking to concert at Evergreen State College; body left (according to Bundy) at Taylor Mountain site, but never found t APRIL 17: SUSAN ELAINE RANCOURT (age 18): Disappeared after evening advisors’ meeting, Central Washington State College; skull and mandible recovered at Taylor Mountain site

t MAY 6: ROBERTA KATHLEEN PARKS (age 22): Vanished from Oregon State University in Corvallis; skull and mandible recovered at Taylor Mountain site t JUNE 1: BRENDA CAROL BALL (age 22): Disappeared after leaving the Flame Tavern in Burien; skull and mandible recovered at Taylor Mountain site t JUNE 11: GEORGEANN HAWKINS (age 18): Disappeared from alley behind her sorority house, UW; skeletal remains recovered at Issaquah site t JULY 14: JANICE ANN OTT (age 23): Abducted from Lake Sammamish State Park in broad daylight; skeletal remains recovered at Issaquah site t JULY 14: DENISE MARIE NASLUND (age 19): Abducted four hours after Ott from the same park; skeletal remains recovered at Issaquah site

5&% #6/%: */ $6450%: '-03*%" +6-: t SOURCE: www.floridamemory.com/PhotographicCollection THE ULTIMATE PSYCHOPATH Between 1974 and 1977, young women turned up missing or dead in half a dozen Western states. The best suspect, a law student named Ted Bundy, was arrested in Utah, but he escaped from jail and made his way to Florida. On January 15, 1978, he clubbed Lisa Levy and Martha Bowman to death in the Chi Omega sorority house at Florida State University. Less than a month later, he kidnapped and killed twelve-year-old Kimberly Leach. Michael Minerva, the lead attorney on Bundy’s defense team for the Chi Omega murders, invited forensic psychiatrist Emanuel Tanay to evaluate Bundy. Taking his cue from Cleckley’s work, Tanay found Bundy to be a classic narcissistic psychopath (which he viewed as a mitigating disorder). He recommended that Minerva contact Cleckley himself for an assessment, since he was the leading authority on this condition. For his own report, Tanay stated that Bundy had an antisocial personality disorder over which he had no control and which prevented him from fully appreciating his actions. He had self-defeating behaviors that could interfere with his attorney’s effort, and he was a danger to himself and others. Thus, Bundy was not competent to stand trial. Due to his extreme narcissism, he might put himself at risk for the death penalty just to keep an audience. Tanay gave the same assessment for the public defenders in the Kimberly Leach proceedings. That prosecutor, George Dekle, asked Chi Omega prosecutor Larry Simpson about hiring a psychiatrist who could go up against Tanay. Simpson told him he was using a fishing buddy as one of his investigators. Dekle was unenthused. He did not believe that someone’s “fishing buddy” would have sufficient gravitas against a renowned opponent like Tanay. However, he agreed to at least meet the man. Dekle found this fishing buddy to be a “likable old fossil who exuded common sense from every pore of his body.” It was Cleckley. Yet because Cleckley used the term, “psychopath,” instead of the thenpreferred “sociopath,” Dekle thought he would seem out of date. Still,

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Cleckley was formidable in the field, respected even by the defense expert. His expertise would have to count for something. Simpson knew this and had a card up his sleeve. When Tanay took the stand during Bundy’s Chi Omega competency hearing, Simpson got him to admit that most psychiatrists would view sociopaths as being competent to confer with their attorneys. This knocked out one hurdle. Simpson then asked Tanay to name the literature on which he relied for challenging Bundy’s competency. Tanay mentioned The Mask of Sanity as an excellent reference. Simpson asked if he would defer to its author. Tanay stated that Cleckley was more knowledgeable about sociopaths than he was. Then Cleckley took the stand for the prosecution and affirmed that he was the author of The Mask of Sanity. There wasn’t much left to say. The defense’s psychiatrist had acknowledged that the prosecution’s psychiatrist was the preeminent authority on Bundy’s condition, and he believed that Bundy was competent. Cleckley stated that Bundy was a thrill killer, like Richard Speck or Jack the Ripper. He agreed with Tanay’s diagnosis up to a point, but he believed that Bundy wasn’t helpless to his narcissism. He just did not want to cooperate with his attorneys. In the end, Bundy was found competent. He was convicted in both trial venues and given three death sentences. He eventually confessed to thirty murders, dating back to May 1973. PSYCHOPATHY TODAY Over seventy years after The Mask of Sanity was first published, Cleckley continues to be a primary reference about the nature of psychopathy. Yet criteria for the disorder are not quite settled. Around 1980, the emphasis in assessment practices for American clinicians moved toward behavioral manifestations. Psychopathy got lost in the far broader category, antisocial personality disorder (ASPD or APD), as defined in The Diagnostic and Statistical Manual of Mental Disorders (DSM). The field divided as psychopathy researchers in other countries continued to rely on the PCL-R or other psychopathy assessments.

1974

1975

1978

UTAH t OCTOBER 2: NANCY WILCOX (age 16): Ambushed, assaulted, and strangled in Holladay, Utah; body never found t OCTOBER 18: MELISSA ANNE SMITH (age 17): Vanished from Midvale, Utah; body found in nearby mountainous area t OCTOBER 31: LAURA AIME (age 17): Disappeared from Lehi, Utah; body discovered by hikers in American Fork Canyon t NOVEMBER 8: CAROL DARONCH (age 18): Attempted abduction in Murray, Utah; escaped from Bundy’s car and survived t NOVEMBER 8: DEBRA KENT (age 17): Vanished after leaving a school play in Bountiful, Utah; body left (according to Bundy) near Fairview, Utah; minimal skeletal remains (one patella) found, but never positively identified as Kent’s

COLORADO t JANUARY 12: CARYN CAMPBELL (age 23): Disappeared from hotel hallway in Snowmass, Colorado; body discovered on a dirt road near the hotel t MARCH 15: JULIE CUNNINGHAM (age 26): Disappeared on the way to a tavern in Vail, Colorado; body buried (according to Bundy) near Rifle, 90 miles (140 km) west of Vail, but never found t APRIL 6: DENISE OLIVERSON (age 25): Abducted while bicycling to her parents’ house in Grand Junction, Colorado; body thrown (according to Bundy) into the Colorado River 5 miles (8.0 km) west of Grand Junction, but never found IDAHO t MAY 6: LYNETTE CULVER (age 12): Abducted from Alameda Junior High School in Pocatello, Idaho; body never found t JUNE 28: SUSAN CURTIS (age 15) Disappeared during a youth conference at Brigham Young University; body buried (according to Bundy) near Price, Utah, 75 miles (121 km) southeast of Provo, but never found

FLORIDA t JANUARY 15: MARGARET BOWMAN (age 21): Bludgeoned and then strangled as she slept, Chi Omega sorority, FSU (No secondary crime scene) t JANUARY 15: LISA LEVY (age 20): Bludgeoned, strangled and sexually assaulted as she slept, Chi Omega sorority, FSU (No secondary crime scene) t JANUARY 15: KAREN CHANDLER (age 21): Bludgeoned as she slept, Chi Omega sorority, FSU; survived t JANUARY 15: KATHY KLEINER (age 21): Bludgeoned as she slept, Chi Omega sorority, FSU; survived t JANUARY 15: CHERYL THOMAS (age 21): Bludgeoned as she slept, eight blocks from Chi Omega; survived t FEBRUARY 9: KIMBERLY LEACH (age 12): Abducted from her junior high school in Lake City, Florida; skeletal remains found near Suwannee River State Park

“Over seventy years after The Mask of Sanity ='9 ¿89: 6;(2/9.+*H 2+)12+? )54:/4;+9 :5 (+ ' 68/3'8? 8+,+8+4)+ '(5;: :.+ 4':;8+ 5, 69?).56':.?J The working group for the fifth edition of the DSM had recommended that the diagnosis for ASPD be reformulated. There were several options: 1) ASPD could become antisocial/psychopathic type, including a mix of traits and behaviors found on the PCL-R; 2) ASPD could be merged with “dyssocial disorder” from the International Classification of Diseases (ICD-10); or 3) “psychopathic type” could become a subcategory of antisocial/dyssocial personality disorder. However, researchers who use the PCL-R have resisted these options. They are reluctant to equate psychopathy with either ASPD or dyssocial disorder. Psychopathy, they say, stands on its own. “There are thousands of papers confirming the psychometric validity and neuroscience correlates of the construct we call psychopathy,” says neuropsychologist and psychopathy researcher Kent Kiehl, who was a student of Robert Hare. “We’ll continue to use the measure we’re using.” Cleckley ended his own study of psychopathy on a mixed note, as relevant today as when he wrote it in 1976. Without adequate legal means to control destructive psychopaths, he stated, and lacking effective therapy, our best route is to promote understanding of the serious nature of psychopathy and to design guidelines specific to their traits and behaviors. “Eventually,” he said, “we may find this disorder to be not altogether beyond our practice.” So, whether or not the trendy headlines are true about the proliferation of smelly, bossy, tweeting psychopaths, it’s clear that Dr. Hervey Cleckley left his mark. In 1984, he died at the age of 79.

SOURCES Altman, J. & Ziporyn, M. (1967). Born to raise hell: The untold story of Richard Speck. New York, NY: Grove Press. Cleckley, H. M. (1941, 1976) The mask of sanity: An attempt to reinterpret the so-called psychopathic personality. 5th ed. St. Louis, MO: C.V. Mosby. Dekle, G. (2012). The last murder: The investigation, prosecution, and execution of Ted Bundy. Santa Barbara, CA: ABC-Clio. Interview with Robert Hare, 2004. Interview with Kent Kiehl, 2010. James, S. (1989, March 29). All about Eve. St. Petersburg Times, p. 1-D. Miller, G. (1979, July 26) Psychiatrist: Bundy has need for thrills. St. Petersburg Independent, p. 3-A. Tanay, E. & Simon, R. I. (2011). American legal injustice: Behind the scenes with an expert witness. Lanham, MD. Jason Aronson. Thigpen, C. H. & Cleckley, H. M. (1957). The three faces of Eve. New York, NY: McGraw-Hill. Thigpen, C. H. & Cleckley, H. M. (1954). A case of multiple personality. The Journal of Abnormal and Social Psychology, 495, 135-51.

9;HJ?<?;: 9H?C?D7B ?DL;IJ?=7J?ED" 99? Learn more about CERTIFIED CRIMINAL INVESTIGATION, CCI®. Call 800.429.9737 or enroll online at www.acfei.com.

ABOUT THE AUTHOR KATHERINE RAMSLAND, PhD, CMI-V, has published over 1,000 articles and 47 books, including The Mind of a Murderer and The Science of Cold Case Files. Dr. Ramsland is a professor of forensic psychology at DeSales University in Pennsylvania and has been a member of the American College of Forensic Examiners Institute since 1998.

Summer 2013 THE FORENSIC EXAMINER®

By Shelly Reuben

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Joseph Steinbeck had been chief of police in Madison Heights for ten years before he became a Human Book. He was a long lean handsome man with a high forehead, premature white hair, and yellow speckled light green eyes. At the time that his sister, Maddie, asked him to participate in her library’s project, Joseph was fortyyears-old. Four years earlier, when investigating what became known as the GPS Murder case, he met and fell in love with a television reporter named Gillian Pond. He and Gillian were planning to get married in the spring. The crime that brought them together had been committed three and a half miles outside Madison Heights, in an idyllic spot known as Melting Moon Lake. At one time, Cecil Van Cleave, poet, inventor, and heir to a large fortune, had owned the land, the house, and the lake. Cecil, born in 1895, fell in love at ﬁrst sight with Mary Platt, the school teacher, on their ﬁrst date. On

their second date, he took her for a long walk behind his house. They went up one hill, down another, and continued until they reached a small body of water ten minutes away. The sun had just set and the moon had just risen. Cecil was looking at the reflection of the moon in Mary’s eyes; Mary was looking at the moon’s reflection in the water. She tilted her head thoughtfully to one side, smiled and commented that the moon seemed to be melting into the lake. From that day forward, it was called Melting Moon Lake. Cecil and Mary married and produced three children. They swam in Melting Moon Lake, held sleepovers in the cabin that Cecil built beside its shore, and were buried in a small graveyard behind the house. Cecil, last of the Van Cleaves, died on his 101st birthday. An unknown heir to the property held onto it for nineteen years, and then sold it to Mr. and Mrs. Martin “Marty” Kulik, who owned five bowling alley/video arcades. Police Chief Joseph Steinbeck arrested the new owner of the old Van Cleave estate at 4:33 p.m. the day after the murder. The Chief considered the case to be both tragic and sordid.

“The crime that brought them together had been committed three and a half miles outside Madison Heights, in an idyllic spot known as

Melting Moon Lake.” Summer 2013 THE FORENSIC EXAMINER®

Tragic, because it involved the death of an innocent child. Sordid because Marty Kulik had committed adultery with an under-aged girl and then murdered his twelve-year-old babysitter. The forensic pathologist who performed the autopsy on Genesee Fallows did not ﬁnd any evidence of rape, and Kulik was never charged with sexual assault. But Chief Steinbeck knew that Marty Kulik had abused the child, just as he knew that silencing her had been Marty’s motive for murder. The combination of love, lust, and homicide riveted the town. Each new item about Kulik, his wife Vivian, Olivia Olmstead (his seventeen-year-old mistress), and Genesee Fallows, the murdered girl, guaranteed astronomical newspaper sales. At 8:15 on Sunday morning, July 4, Genesee Fallows’ parents reported that their daughter had not returned from her sleepover babysitting job. At 2:15 that afternoon, Genesee’s body was discovered in the cattails on the north side of Melting Moon Lake. Initially Marty Kulik claimed that the babysitter had fallen asleep in his den on Saturday night, and that he had driven her home at 7:00 o’clock on Sunday morning. Nobody believed him. He was arrested, indicted by a grand jury, and his case went to trial. His prosecution and conviction depended upon the answers to four questions. One: What caused Genesee Fallows’ death? Two: Where was Marty Kulik when the babysitter died? Three: How close to Melting Moon Lake had his pickup truck been? Four: Exactly where and when had Marty’s truck been driven over the course of that night? Three of those questions were answered with standard investigative procedures. For the ﬁrst, the forensic pathologist determined that Genesee Fallows had not drowned, but had died as a result of impact with a moving object roughly the shape of a vehicle’s front or rear bumper. The force of the blow broke vertebras C-1 through C-4 and four ribs. One rib pierced her heart, tore a hole in her pulmonary artery, and caused her death. No trace evidence was found on Marty Kulik’s bumpers to prove that his truck had struck the babysitter, but no evidence exculpating the vehicle was found either. For the second, Kulik’s seventeen-year-old mistress did her best to wrap forty-three-year-old Marty in an alibi as tight as a tourniquet. But Chief Steinbeck obtained statements from Olivia Olmstead’s parents to the effect that she arrived home at 9:00 p.m. on Saturday and did not leave the house again until noon on Sunday, which contradicted her claim that she had spent the night with her lover. The third question—that of the truck’s proximity to Melting Moon Lake—was answered by plaster casts of tire treads, which indicated that the truck’s front wheels had been

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positioned mere inches from the waterline where the body was found. It was the answer to the fourth question, though, that clinched the case. Where and when, the prosecution asked, had Marty Kulik’s truck been the night that Genesee Fallows was killed? Kulik concocted an elaborate story beginning on Saturday afternoon. Friends, he stated, had invited his family to attend a Fourth of July celebration in their backyard. Vivian Kulik drove to the party from work in her own car. Marty strapped Bethany into the baby seat of his pickup, and left from their house just outside Madison Heights. All three arrived at 3:00 p.m. They ate hot dogs, threw Frisbees, and drank beer. At a little after 8:00 p.m., Bethany began to fidget, and Marty decided to take her home. Vivian said that she wasn’t leaving yet, and if he wanted to leave, he should just take the baby and go. Marty wanted to do the right thing by his three-year-old, but he didn’t want to leave the party either. So, on his way home, he called a neighbor on his cell phone and asked if their daughter, Genesee, who often babysat for Bethany, was free for the night. Marty suggested that Genesee could sleep on his den sofa, and in the morning he would drive her home. Genesee loved to watch the Kulik’s flat screen television set, so she readily agreed. Marty picked her up at 8:20 p.m. on Saturday, July 3rd, and they drove to his house. Upon his arrival, he noted that his wife’s car was parked in their driveway. Realizing that he no longer needed a babysitter, he told Genesee to wait in the pickup while he brought Bethany inside and put her to bed. Then he returned to his vehicle to take her home. He had driven half a mile toward her house on Blackthorn Road when Genesee suddenly announced that instead of going home, she wanted to go to Melting Moon Lake. She said she’d heard many wonderful things about it, and since there was a full moon, she would like to see if it really did melt into the surface of the lake. Marty saw no reason not to comply with the twelveyear-old’s request, so he turned the pickup around and followed the dirt road over one hill, down the next, and past the hedgerow. With the engine still running, he backed to a stop beside the lake. Genesee, excited to see the moon’s reflection, flung open the truck’s door, jumped out, and ran to the water’s edge. Marty stated that he knew Genesee had gotten out of the vehicle, but he did not know that she was standing directly behind it. Fearing that he was too close to the water, he put his pickup into drive to pull away from the lake. Or, as he said, he thought that he had put his truck in drive. But it was still in reverse.

When he gunned the engine, his rear bumper slammed into the little girl. Marty felt the impact and heard a scream. He leapt out of the truck and called Genesee’s name. She did not respond. He returned to the truck for a ﬂashlight and shone it over the water. After a few minutes, he saw Genesee’s body faced down in the reeds. Then, he said, he panicked. He convinced himself that what was happening could not possibly be happening. He would drive home, take a sleeping pill, and go to bed. When he woke up the next morning, he would realize that it had all been a bad dream. “What time did you get home?” Chief Steinbeck asked Marty Kulik. “A little before midnight.” “Did anybody see you after you arrived?” “No. My wife and daughter were asleep.” “What about Sunday morning?” “Genesee’s parents called a little after eight to ask about her.” “What did you tell them?” “That I had driven Genesee home an hour earlier and had seen her go in the front door.” “And that was a lie.” “Yes. But I didn’t kill her. It was an accident.”

“Then what?” “Then you got here.” All of which meant that even though Marty Kulik had no alibi for his activities after he left the party, there was no way to discredit his version of events or to prove that the twelve-year-old had been murdered. Not, at least, until Vivian Kulik walked into the police station on Monday morning. She told Chief Steinbeck that in addition to alcohol, her husband had consumed signiﬁcant quantities of cocaine during the party on Saturday. She also said that, suspecting he was having an affair, she had hidden a Global Position System tracking device in Marty’s truck to ﬁnd out where he had been. Armed with this information, Police Chief Steinbeck began to build his case. The GPS printouts, allied with witness statements and physical evidence, told a terrible tale. Marty Kulik had, indeed, left his residence shortly after putting his daughter to bed, but he did not drive Bethany half a mile towards Blackthorn Road before turning the truck around. Instead, he proceeded from the front of the house to the dirt road that led straight to Melting Moon Lake. Nor, within minutes after arriving, had he accidentally backed his truck into Genesee as she stood admiring the view. At 9:10 p.m., Kulik parked his pickup truck in front of the cabin located three hundred feet from the lake. It remained there until 11:57 p.m. Then he drove the truck to the edge of the lake. However, it was not in reverse gear, as he had stated.

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It was in drive. Analysis of the GPS tracking data led Chief Steinbeck to conclude that Marty Kulik had abducted Genesee Fallows and forcibly detained her in his cabin. After being imprisoned for almost three hours, the twelveyear-old escaped. Kulik searched the area around the cabin. Within several minutes, he found the babysitter cowering in the cattails. He got into his truck, turned on the ignition, aimed the vehicle at her, and accelerated. Impact with his front bumper propelled Genesee’s small body into the lake, inflicting the injuries that caused her death. TV reporter Gillian Pond interviewed the GPS Murder jurors as part of her trial coverage. All twelve were initially swayed by the testimony of seventeen-year-old Olivia Olmstead. Olivia was an odd duck of a girl. Slight, pretty, sorrowful, and innocent. She had pale blond hair and different color eyes, one blue and one green, both huge and soulful. Technically, Olivia was the seductress who had lured a middle-aged man away from his middle-aged wife. But it hadn’t played that way with the jury. Instead, she seemed so pathetically credulous that it was difficult to disregard her tearful testimony. Until the GPS evidence was introduced. After that, it took the jurors only fifteen minutes to bring in a unanimous verdict of guilty. The trial and accompanying media brouhaha greatly disrupted the lives of the people in Madison Heights. When it was over, all Police Chief Joseph Steinbeck wanted to do was return to the traffic violations, burglaries, and drug arrests that made up the routine of a normal day. Life calmed down. Life went on. A big part of Joseph Steinbeck’s life was his sister Maddie, assistant librarian at the Madison Heights Library and in line to become head librarian after Mavis Welter, age 85, retired. Maddie Steinbeck described her boss’s leadership style as “the taxpayer’s lament,” because it sponsored programs of interest to no one but Mrs. Welter herself. This included a vegetarian cooking class that cost $500 for the speaker and $100 for such inedibles as ginseng (which looked like witches hair), and ginger roots (which looked like troll toes.) Nor was Maddie enthusiastic about The Human Book Project. It was, however, to be Mrs. Welter’s final program, so Maddie bit her tongue and did what she was told. Her brother hated the whole idea. “Why, Joseph?” Maddie asked. The police chief ’s response was terse and unimaginative. “Because,” he said, eyelids narrowing over skeptical green eyes, “People are just…people. Books are things that people read. And people are not books.”

THE FORENSIC EXAMINER® Summer 2013

The Madison Heights Library, however, begged to differ. The May issue of its newsletter announced:

The Human Book Project gives us the opportunity for one-on-one contact with people who have lived or are living interesting, unique, and extraordinary lives. Among the Human Books to be introduced during that oneweek event were a massage therapist who had become a prison guard; a nun who left the church to marry her kickboxing instructor; a man arrested for parachuting off the Chrysler Building in a chicken suit; and a notorious criminal defense attorney. “You, too, Joseph,” Maddie added cautiously. “If I can talk you into it.” Joseph rolled his eyes. “All you have to do is wait at the circulation desk until someone checks you out. Like a book. They can’t actually take you out of the library. You just sit at a table and answer questions.” “But…” Joseph started to protest. Maddie cut him off. “If a question is inappropriate, don’t answer. If you feel uncomfortable, terminate the session. Think of it as Career Day in grammar school, and that you’re talking to a bunch of hero-worshipping kids.” And so it went, until Maddie wore her brother down and he agreed to be a Human Book. Joseph’s appearance was scheduled for Thursday night. The event would last two hours, broken into four segments of roughly twenty minutes each, with ten minute breaks in between. Other Human Books that night would be Myra Goldberg, a professional sex worker, Clarence Liverpool, a real estate agent turned criminal defense attorney; and Randi Chestnut, a microbiologist who had quit her job, gone to clown school, and now made balloon animals at children’s parties. Or as Joseph described those who would be sharing his Human Bookshelf: A hooker, a bottom feeder, and a buffoon. “You need an attitude adjustment,” Maddie scolded…or pretended to. Then she sighed and said, “Oh, boy. I’m going to owe you big time after this.” Actually, it wasn’t all that bad. Twelve people had lined up to “take out” the chief of police. He divided them into four groups of three and allowed them to ask questions by raising their hands. Among those he recognized were his bank teller, his pharmacist, Pete from the gas station, and Anita Butler, a piano teacher who walked her terrier, Rex, in the town square everyday at noon. There was also a brown-eyed woman with spiky black hair whom he vaguely remembered from somewhere, but couldn’t quite place.

“There wa brown- s also a ey with sp ed woman iky bla ck whom he vagu hair el remem bered f y rom somew here, bu t couldn’ t quite place.” After his first two presentations, the people who should have been in Joseph’s final group got tired of waiting and joined the group ahead of them, which raised its attendance to six. Then, something odd happened. When Joseph Steinbeck later tried to analyze it, he decided that a combination of fatigue and forced familiarity had inexplicably undermined his defenses. As a consequence, at 8:01 p.m., when Anita Butler asked a very specific question about his work, he forgot that the people at his table were comparative strangers and, uncharacteristically, he answered from his heart. “As a law enforcement professional,” the piano teacher asked, “do you find that over the years, victims of violent crimes blend together in your mind and lose their individuality, or do some of them stand out, larger, sadder, and more tragic than the rest?” The real Madison Heights Police Chief, Joseph later mused, would have answered that each case is different and that he treats all crime victims the same; then he would have changed the subject. He did, in fact, begin to answer that way. But midway through the first sentence, he looked directly at Anita Butler and said, “Genesee Fallows.” Later, he described the incident to Gillian Pond. And she told him a story. Years ago, she said, she was scheduled to talk to military spouses about her experiences in Iraq. The combination of a flu epidemic and a hurricane had winnowed her audience down to almost zero. She stood behind the podium and stared out at a virtually empty theater. Then she walked off the stage, took a seat among the few people in her audience

and, without planning to do so, talked about what she had endured and observed as a war correspondent. She told them things that she had never told anyone else and described scenes of horror that she had not known were still preying on her mind. That night, she explained to Joseph, an indeﬁnable intimacy permeated the atmosphere, and four people who had entered the auditorium as strangers brieﬂy became friends. One short hour later, they went their separate ways, but each in possession of bits and pieces of the others’ souls. The same thing had happened to Chief Steinbeck at the Madison Heights Library. First he responded to Anita’s question by singling out Genesee Fallows. Then he began to talk about the GPS Murder case. He would never forget, he said, the afternoon that they discovered the babysitter’s body. It was hot, muggy, and oppressive, with a hint of honeysuckle in the air. He described Genesee Fallows’ bedroom: A pink ballet slipper hanging from the knob of a small dresser drawer; a battered baseball mitt at the foot of her bed; an order form for Girl Scout cookies on the windowsill; a tennis racquet; a box of Band-Aids. He recalled how, when he was searching the bedroom, Mrs. Fallows walked in carrying a photograph of Genesee

Summer 2013 THE FORENSIC EXAMINER®

that had been taken a week before her death. The heartbroken mother said that her daughter had loved snakes and wanted to be a herpetologist when she grew up. In the photo, Genesee was holding a long, thin garter snake out toward the camera, and grinning from ear to ear. She had enormous brown eyes and a pug nose. Her cut-off jeans revealed freckled knees and girlishly thin mosquito-bitten legs. She looked as if she were made out of sunlight and joy. She looked as if she would live forever. Chief Steinbeck said that that picture, that smile, and those freckled knees had haunted him from the moment he first saw them, and continued to haunt him to this day, Then he abruptly stopped talking. For about thirty seconds, nobody said anything. A chair creaked. A man coughed. The woman with the spiky black hair stood up. Her eyes were feverish and her voice was harsh. “What did you think of Olivia Olmstead?” She demanded. Chief Steinbeck studied her face. His brow furrowed and he appeared to be trying to remember something. Then his forehead relaxed. When he spoke again, his eyes were kind. “Olivia Olmstead was Marty Kulik’s alibi,” he said softly. “Her testimony disheartened me.” “Why?” “Because I was never able to convince her that she was a victim, too. And because I have always felt that I let Olivia down.” The spiky-haired woman said nothing. She continued to glare at the chief. Her hands clenched into fists and her fierce eyes challenged the compassion that she saw on his face. For at least a minute, neither looked away. Neither blinked. Then her eyes lost their intensity, her fists unclenched, and her hands fell to her side. When she spoke again, her voice was sorrowful and her expression was bereft. “Victim?” She repeated helplessly. “Yes,” Chief Steinbeck said. “Victim. Three weeks after Genesee Fallows was murdered, Olivia Olmstead turned eighteen. She’d been involved with Marty Kulik for two years. A forty-year-old man sexually involved with an underaged teen is not having a love affair; he is committing statutory rape. I will always regret that I couldn’t arrest him for what he did.” Anita Butler raised her hand. “Why didn’t you arrest him, Chief?” Joseph Steinbeck answered Anita’s question, but his eyes were riveted to the woman with the spiky hair. “Because Olivia refused to testify against Marty. Because I had no corroborating physical evidence. And because— wrongheaded as it may now seem—the poor child believed that Marty Kulik was Romeo and that she was Juliet.”

THE FORENSIC EXAMINER® Summer 2013

The spiky haired woman continued to stare. She stood, motionless and speechless. Five seconds ticked by. Ten seconds. Fifteen. She tore her eyes away from Joseph Steinbeck, looked down at her hands, and shook her head. When she raised her head again, she met the eyes of the chief of police and, almost imperceptibly, she nodded. Then, realizing that all eyes were upon her, she sat down. Chief Steinbeck turned away. His eyes drifted over the others at the table. “Any more questions?” The bank teller wanted to know what materials were employed to make impressions of footprints. The pharmacist asked if black powder was still used to take ﬁngerprints. The gas station attendant asked if the Police Department was hiring. Then it was over. Joseph remained seated after everyone else left. Waiting. Five minutes later, the spiky haired woman came back into the room and walked towards his table. But Olivia Olmstead’s hair was no longer short, black, and spiky. Now it was the same shade of pale blond that it had been during the trial. And her eyes were no longer brown. One was blue. The other was green. She was carrying a small tote bag. She pulled a black tangle of hair out of the bag, put it on the table, and said, “Wig.” She placed a small plastic container on top of the wig and said, “Contact lenses.” She reached into the back pocket of her jeans and removed a .38 mm Smith and Wesson revolver; and laid it on the table, too. “It was Marty’s,” she said. “It’s loaded.” She leaned forward and gazed deeply into the eyes of the man she had come to the library to kill. “Romeo and Juliet?” she repeated ruefully. Then she raised an eyebrow, shrugged, and walked away. Joseph Steinbeck watched her go. He inhaled deeply. He exhaled slowly. He pocketed the revolver. He glanced around the room. Three Human Books were still engaged in dialogues with the people who had checked them out. The table to his right was occupied by Myra Goldberg, the “professional sex worker.” Before Joseph became police chief, his boss had arrested Myra four times. But Joseph saw her more as a lost soul than a prostitute, and as long as she kept her business off the street, he left her alone. The table to his left was occupied by the microbiologist masquerading as a clown. She was wearing a fuzzy orange wig

“But Olivia Olmstead ’s hair was no longer short, black, and spiky. Now it was the same shade of pale blond that it had been during the trial. And her eyes were no longer brown. One was blue. The other was green.”

and had painted her face into a classic clown-mouth. An eight-year-old boy watched, half-terriﬁed, as she manipulated balloons into the shapes of spiders and baboons. Chief Steinbeck grimaced. He would never forget that John Wayne Gacy, rapist and murderer of thirty-three young men and boys, had painted his face in that same way to entertain children at birthday parties. He kept watching as the little boy backed away from the lady clown, turned, and ran out the library’s front door. Then his eyes moved to the Human Book at the table closest to his own, Clarence Liverpool, the now famous criminal defense attorney who had gotten his start in real estate. Across from Liverpool sat a silver-haired, seventyish woman wearing a stylish bright green dress. She was shaking a wad of papers at the lawyer, and her face was contorted with rage. Clarence Liverpool observed her impassively. His eyes were the cold, immobile, expressionless eyes of a shark. Chief Steinbeck studied the lawyer because...he didn’t know why. Maybe it was a cop thing, but there was something about the guy. He had a skinny neck, putty-white skin, and protruding blue veins. His upper and lower teeth were the same size, like matching rows of tombstones, and

two small twisted ears jutted out from either side of his head like squashed paper cups. Ears. The ears. They reminded him of something. Someone. Where had he…? Then it all came back to him. Joseph had been sixteen-years old. His father, Max Steinbeck, was sixty-three. Four years earlier, Max’s physician had told him that he had Parkinson’s disease. Max accepted the diagnosis, sold the buildings he owned in Springfield, dissolved his real estate company, and stopped driving his car. But he still attended parent-teacher events, he still accompanied Joseph on Boy Scout field trips (although the campouts were becoming difficult), and he still went to family reunions and Memorial Day Parades. Joseph knew and had always known that when it came to parents, he and Maddie had lucked out. Theirs were funny, kind, generous, and happy. When Joseph brought home report cards with grades no higher than a “C,” his father’s response was to hug him and say, “I was no scholar either.” When Maddie got cast as a shrub (with no speaking lines) in a school play, he had hugged her, too, and said, “Sarah Bernhardt wasn’t built in a day.”

Summer 2013 THE FORENSIC EXAMINER®

After several years of physical decline, Max decided that it would slow the progression of his disease if he went back to work. For forty years, he had worked in real estate, so it was to realtors that he applied for a job. Joseph was with him the whole time. He saw what his father did. He saw Max open The Yellow Pages every morning, grip a pencil in his trembling hand, underline boldfaced names, dial telephone numbers, and ask this management company or that if they could use an experienced agent to sell their empty lots, homes, buildings, or stores. He saw as, one by one, they turned his father down. Not hiring. Not interested. No can do. Go away. Never discouraged and never despondent, Max persisted. Every day, Joseph saw him call more phone numbers on more pages, and after every call, Joseph saw him draw yet another line through another boldfaced name. Only the last realtor that Max called expressed interest. Joseph could not remember the location of the dreary strip mall to which he drove Max on that terrible day. Nor could he recall the realtor’s name. But he remembered the man’s shark gray eyes. And he remembered the man’s ears. They were small, twisted, and looked like squashed paper cups. His father...his dearly beloved, gentle father, with a mind still as lucid as a sunny spring day…shufﬂed unsteadily to the realtor’s desk. “So,” Clarence Liverpool sneered, “you want a job.” “Yes, sir,” Max Steinbeck replied, humility quivering between the syllables of those two otherwise innocuous words. The sound of it made Joseph gasp. This was his father speaking. His father was a lion of a man. His father was a giant. His father was not humble. Liverpool jutted out his jaw. “And you think you can sell my buildings?” “Yes, sir,” Max said softly. “I have been selling buildings my whole life.” The realtor’s lip curdled with contempt. “Maybe when you were younger you could sell an empty lot, or a compost heap, or a slum. But you’re an old man now, Mr. Steinbeck. Aren’t you?” Joseph’s father said nothing. “You are a sick old man, Mister Steinbeck. You are old, feeble, and pathetic.” Max raised his head, but he did not raise his voice. He said ﬁrmly, “I can do the work.” Clarence Liverpool snapped. “No, Mister Steinbeck, you cannot do the work. You drool when you talk. Your hands

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shake. Look at your hands, Mister Steinbeck. Hold them out and look at them.” But Max left his hands where they were. He turned to his son. “We can go home now, Joseph,” he said. The sixteen-year-old rushed forward to help his father to his feet. He was seething with rage. Hating the realtor’s smug face and disdainful mouth. Hating his cruelty. Hating him for trying to humiliate the kindest and gentlest man in the world. After that terrible interview on that terrible day, Max Steinbeck made no more telephone calls and applied for no more jobs. He remained at home. His condition deteriorated. And one sad day, he died. For many long years, Joseph fantasized about killing Clarence Liverpool. But time passed and reality intervened. First Joseph’s mother sold their house in Springfield. She moved to South Carolina, and he went to college. He became a police officer. He became a deputy chief. He became Chief of Police. He fell in love. And Joseph Steinbeck forgot about the incident. Until that night. Until a sadistic former realtor who was now an über famous criminal defense attorney decided to become a Human Book. Then Joseph Steinbeck remembered who Clarence Liverpool was. And remembered why he hated him. Unconsciously, his hand inched into his jacket pocket. Unconsciously, his fingers found the grip of a weapon given to him minutes before by a girl betrayed by a man who had murdered an innocent child. Joseph’s hand tightened around the grip. He heard a woman’s voice. His eyes fluttered open. He shook his head as if emerging from a deep and disturbing dream, and he blinked against the sudden infusion of light. Where the hell have I been? Maddie was standing over him, buttoning her jacket and smiling. “Thank God that’s over, Joe. We’re done. Everybody has gone home.” Joseph looked across the aisle at Clarence Liverpool’s table. Empty. He searched the room for the silver-haired lady who had been angrily waving papers in Liverpool’s face. Gone. He felt his hand clutching the grip of the .38. Slowly. Slowly. He unclenched his fingers. Slowly. Slowly, he pulled his hand out of his pocket. He stood up.

His sister said, “I’ve got to put some books in the car, but that’ll just take a minute. I’m treating you to dinner tonight. You go on ahead. I’ll meet you at The Grill.” Joseph nodded. He passed through the lobby and out the library’s front door. He looked up at the sky. Full moon. He looked down at his watch. 9:17 p.m. Long night, he thought as he trudged wearily toward the road. Long, long night. He turned right onto Main Street, walked half a block, and heard a patter of paws on the sidewalk. He felt a brush of fur against his legs and looked down. Anita Butler’s dog, Rex, was dancing up and down on the curb, about to dash into the street. Joseph leaned over, grabbed the dog by the collar, and scooped him up. Anita rushed forward. “Oh, Chief. Thank God, it’s you. Thank you. Thank you. Thank you!” He thrust the terrier into her arms. “Lucky catch,” he said. The piano teacher took a deep breath, hugged Rex, and opened her mouth to say something else. But before she got a word out, a ﬁgure striding up the sidewalk bumped hard into the Madison Heights Chief of Police. Deliberately? Maliciously? Joseph lurched forward. Anita stumbled. Rex leaped out of her arms. Joseph regained his balance, reached out, and caught a handful of fur. Again, he thrust the dog at Anita. Then he turned and glared at the man who had almost knocked him down. “Excuse me,” Clarence Liverpool snorted contemptuously, and he stepped jauntily into the street. A screech of brakes. A scream of terror. Chief Steinbeck jerked his head around and saw a black sedan accelerating up the street. The driver hunched in a death grip over the steering wheel was an elderly, silverhaired woman wearing a bright green dress. Joseph looked down. Clarence Liverpool was lying in the gutter. “Poetic justice,” the police chief hissed softly. The criminal defense lawyer struggled shakily to his feet. He shook an angry ﬁst after the disappearing car and shrieked, “That crazy bitch tried to run me down! She tried to kill me. I’ll…” Chief Steinbeck looked at Anita Butler. Anita glanced at the hysterical attorney.

“Blah. Blah. Blah,” she said. She lowered Rex to the sidewalk, untangled his leash, winked at Joseph, and strode away. Clarence Liverpool was still screaming. At the car. At the street. At the sky. At Madison Heights’ top law enforcement officer. “Pursue her, damn you. Chase her. Confront her. Arrest her. Do something!” Joseph smiled. His eyes were calm and his smile was beatific. He felt a hand on his shoulder. His sister looped an arm through his and kissed him on the cheek. “Hi, Maddie,” he said genially. “Hi, Joe,” Maddie responded. “Who got hit?” Joseph shrugged. “No one.” “Well, what happened?” “Nothing.” “Then let’s go and eat,” she tugged on his arm. But her brother didn’t budge. “Maddie,” he said serenely. “I have a request.” “Name it.” He pointed at the library. “The Human Book Project,” he said. “Yes. What about it?” “Let’s never do that again.” Maddie made a fist, gently punched her brother on the arm, and said, “You got it.” And as the two of them strolled away, a very bitter man with very ugly ears raged at an indifferent universe from the middle of a very quiet street. Copyright © 2013 Shelly Reuben

ABOUT THE AUTHOR SHELLY REUBEN is an author, newspaper columnist, private detective, and certified fire investigator. Her novels have been nominated for Edgar, Prometheus, and Falcon awards. For more information about her work, visit www.shellyreuben.com.

Summer 2013 THE FORENSIC EXAMINER®

F rensic l cksmithing: A KEY TO SOLVING CRIME INTERVIEW

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FORENSIC LOCKSMITH EXPERT, DATAGRAM

How did you get into the ﬁeld of forensic locksmithing? How does someone get into this ﬁeld?

At what point is a forensic key specialist called in to investigate a case? Do police know what to look for if it isn’t an obvious break-in?

I’ve been involved in physical security for a long time. Many years ago I wondered about the forensics of various attacks, so I sat down with a microscope and a pile of locks. Each lock I attacked differently and studied the types of tool marks left behind. Since I was already knowledgeable about locking systems, I learned more about forensic inspection, particularly tool mark identification and proper photography techniques. I tried to find resources online or in books about forensic locksmithing, but at the time information was extremely sparse, particularly online. I made my Web site to help others that might be looking for the same information. Getting into this field requires extensive knowledge of physical security, locking systems, crime scene investigation, and forensic inspection. Most people do not know how the lock on their front door works, let alone the methods by which it can be opened! Some people come into the field knowing one side of the equation: either locksmithing or investigative work. Being competent in both is required to be a good forensic locksmith. I would recommend reading and learning as much as you can. Do your own experiments to see what happens when locks and keys are attacked in various ways. If there are locksmithing or security conferences in your area, go to them! Most of these events have lectures and workshops that cover at least one aspect of forensic locksmithing, not to mention all the people you will meet.

Forensic locksmiths are only called in speciﬁc cases where the understanding of a lock or key system and how it may have been compromised is important. The value of a forensic locksmith is in identifying speciﬁc facts, which in turn help investigators answer the “who, why, when, and what” questions of a case. Consider cases with a given objective, such as learning how a lock was opened, which is important to the security policy of an installation or to assign liability in an insurance case. In criminal cases, a forensic locksmith can help identify whether or not covert entry was used to gain access to a facility, or whether a homemade key could have been used to open a give lock. Forensic locksmiths are also helpful in explaining how locks and keys work. If a lock or key system is central to the case, the judge and jury need to understand how they work in order to properly analyze the facts. With that in mind, a forensic locksmith is not required for every case, and is often costprohibitive, but they can be extremely helpful in cases involving locks, safes, and keys. I can’t comment on what police know to look for, but I can say that a break-in implies that the method of entry is obvious. There are many cases where method of entry is not obvious; the old television adage “found with the doors and windows locked” comes to mind. Unfortunately, not all of these cases are given to forensic locksmiths, though many are solved by law enforcement through traditional forensics and investigative techniques.

THE FORENSIC EXAMINER® Summer 2013

CUTS

“Cuts” refer to the pattern of cuts on the key bitting. The cuts interface with components and, if positioned properly, cause the lock to lock or unlock. The investigator is often asked if a key could have been used to open a lock. Analysis of cut depths, spacing, and keyway can answer this. The key is also evaluated to see if it can be jiggled or partially inserted to allow entry.

KEYWAY

The keyway profile is the pattern of warding on the key. Many keys have a keyway code stamped to the bow. If not, it can be identified by comparing the keyway with a code book or database. Some advanced key machines can automatically identify a keyway via optics or lasers. Keyway identification allows the investigator to determine if the key fits the lock, and thus is able to position components correctly.

CODES

Many keys have codes that identify cuts and keyway. Bitting codes may be direct (literal) or indirect (obfuscated). In the case of indirect codes, the manufacturer may be able to determine to whom and where the key belongs. Other information may also be stamped on the key, such as the name of lock brand, key brand, or the locksmith/ hardware store that produced the key. All of which may be used to identify a suspect.

KEY MATERIAL

The material of a key can identify factory original keys, and in some cases specific third-party manufacturers. Certain manufacturers use proprietary alloys to increase longevity and strength of their keys, some of which can be traced back to them. The photo shows three different keys, each made of a different material.

FEATURE

KEY ANALYSIS While investigation of locks is important, it is more common that the keying system has been compromised. Much like the cryptography world, systems are not usually broken by some awe-inspiring flaw but instead by the simple act of obtaining the proper keys. The keys to a specific lock can yield just as much information as the lock itself, sometimes more so because of the possibility of hair, fiber, and fingerprint transfer when handling keys. While examination of locks is excellent for determining the method of entry, examination of keys is doubly excellent for the identification of suspects.

What tools does a forensic key specialist typically use to do their work?

What is the most frequent type of lock picking?

I use a DSLR camera, a pocket microscope (45x) for quick on-site inspection, a tabletop stereo microscope for laboratory work, various light sources, lock disassembly and handling tools (forensic safe), and the standard assortment of evidence collection/chain of custody security bags and paperwork. In terms of disassembly and handling tools, they need to be safe to use in terms of forensics; they can’t leave marks on the evidence you’re handling. What this equates to is non-metal plug followers, plastic (or plastic coated) tweezers, and other similarly modiﬁed equipment. I also use modeling clay to hold pieces for microscopy.

The most common form of lock picking is the use of a traditional pick and tension tool. Most attackers will use a combination of raking and single-tumbler picking when trying to pick a lock. Other common opening techniques are key bumping, bypass, and impressioning.

How does examining a picked lock help identify the lock picker? The goal of the forensic locksmith is not to solve the case but instead to provide facts to investigators that let them make better informed decisions. With that in mind, the way a lock was attacked can reveal much about the goals and skill level of the attacker. In cases involving fraud, faked toolmarks are often found and imply that the owner of the lock or safe tried to make it appear as though there was an entry attempt. Most people don’t understand how opening techniques work, and this is readily apparent when examining the tool marks they left to simulate a picking attempt. In a case involving safe penetration, the placement of a drill point may indicate whether or not the attacker knew what they were doing. All of this is passed to investigators so that they may properly identify or narrow down potential suspects.

What is the goal of your website? The goal of lockpickingforensics.com is to provide a reference on all areas of forensic locksmithing, including tool mark identification, evidence collection and preservation, proper inspection techniques, and writing forensic reports. The site is aimed at other forensic locksmiths, law enforcement, physical security researchers, and individuals who want to learn more about the field. It also includes some research papers on various lock designs and methods of entry. I feel an understanding of both is required to be a forensic locksmith, and if nothing else is great reading material for those interested in physical security and locking systems. Is there anything else you would like to tell us about lock picking forensics? Forensic locksmithing is a challenging but rewarding field of forensic science. It explores an area that is overlooked in many investigations and can be a great asset to both law enforcement, military, and private organizations.

For more information: WWW.LOCKPICKINGFORENSICS.COM Summer 2013 THE FORENSIC EXAMINER®

<7BI;BO 799KI;: Bennie Starks reacts after his court case was dismissed in the Lake County Courthouse in Waukegan, Illinois, on Tuesday, May 15, 2012. (Stacey Wescott/Chicago Tribune/MCT)

BENNIE STARKS: FREED AFTER 27 YEARS By Gwyn Knauer Bennie Starks appeared on television in January of 2013. He spoke with reporters about his “optimistic future” and struggled to describe an “overwhelming joy.” There is a good reason for this: his struggle has been long and complicated. For the last twenty years, Bennie Starks has been serving time in prison, with one tiny problem. He was innocent. Starks’ ordeal began in January of 1986. A 69-year-old woman in Waukegan, IL reported that a man had pulled her into a ravine, where he proceeded to rape her. Her attacker had been violent; examiners found evidence that her body had been beaten and bitten. She told police she would be able to identify her attacker’s face. A coat left at the scene, however, provided evidence that guided police toward Bennie Starks: there was a receipt from his dry-cleaning inside one of the coat pockets. When questioned by police, Starks admitted the coat belonged to him. He argued the coat had been stolen from him at a bar sometime before the date of the attack. After that, evidence continued growing. A forensics examiner in Waukegan determined that the bite marks on the victim’s skin matched Starks’ teeth. Because this occurred prior to the advent of DNA testing, another forensic scientist conducted a serology test using samples of Stark’s blood. The results indicated Starks could have produced the semen found on the victim’s underwear. Then, when faced with him, the victim identiﬁed Starks as her attacker. Based on this evidence, a jury found Starks guilty, and an entire decade went by before DNA testing revealed that he could not possibly have been responsible for the attack. This caused examiners to revisit the results of the original serology test, which began to appear questionable: there had

THE FORENSIC EXAMINER® Summer 2013

never been strong enough physical evidence supporting Starks’ guilt. Furthermore, the new test results showed that the victim had lied about how sexually active she had been in the weeks prior to the attack. This proved that she had misidentified Starks as her attacker. In 2006, the Illinois Appellate Court reversed the conviction and ordered a retrial. However, only the rape charges against Starks were dropped. The aggravated battery conviction remained in place, in spite of all new findings indicating he was innocent. The Illinois Appellate Court did not drop the aggravated battery charges until 2013. Today, Starks is finally free. Unable to articulate to reporters the “overwhelming” joy he felt as a result of this in January, Starks described his speechlessness instead. This is the speechless joy that comes from his innocence being, at long last, recognized. REFERENCES Black, L. (2013, January 7). Exonerated man’s ordeal ends: ‘I am overwhelmed with joy.’ Chicago Tribune. Retrieved from http://www.chicagotribune.com/news/local/breaking/chi-bennie-starks-lake-county-charges-dropped,0,3935864.story. Filas, L. (2013, January 7). Bennie Starks a free man after remaining charge is dropped. Daily Herald. Retrieved from http://www.dailyherald.com/article/20130107/ news/701079824. Holmes, E. (2013, January 7). Clean Slate for Bennie Starks, man imprisoned 20 years for crime he didn’t commit. ABC News. Retrieved from http://abclocal.go.com/wls/ story?section=news/local&id=8945345. Malcolm, G. (2012, December 8). Road to exoneration for Bennie Starks hits another detour. Chicago Tribune. Retrieved from http://articles.chicagotribune.com/2012-12-08/ news/ct-met-bennie-starks-hearing-20121208_1_bennie-starks-nerheim-dna-evidence. Warden, R. (2013). Bennie Starks. Northwestern Law: Center on Wrongful Convictions. Retrieved from http://www.law.northwestern.edu/wrongfulconvictions/exonerations/ ilstarksbSummary.html.

FHE:K9J H;L?;MI

New Centrifan PE Evaporator/Concentrator TM

The NEW Centrifan™ PE Evaporator/Concentrator provides a low cost, safe, small volume evaporator for synthetic and medicinal chemists, as well as pharmaceutical, biotech, and university researchers. The Centrifan™ PE dries solvents directly in the vial, increasing evaporation efficiency in your laboratory. Proprietary self-generated blowdown technology (SBT) eliminates the potential problems with common evaporation systems such as vacuum centrifuges, rotary evaporators, nitrogen blow-down, and freeze dryers. Synthetic and medicinal chemists will save time because the Centrifan™ PE dries samples without the monitoring required by a rotorvap. The system also works well for processing fractions collected from flash liquid chromatography. Pharmaceutical and university labs working with radioactive and other highly toxic compounds will appreciate the advantage of the green chemistry design. In the Centrifan™ PE samples are dried in 20ml scintillation or other common vials and there is no need for a vacuum pump or a large supply of blow-down gas. This protects samples from loss and captures toxic vapors and materials in a closed system. For complete information and specifications on the Centrifan™ PE, go to http://www.kdscientific.com/products/evaporators.asp. KD Scientific designs, manufactures, and sells a range of quality fluidics equipment used by research laboratory markets worldwide. KD Scientific syringe pumps are an economical solution to delivering precise and smooth flow in research, pilot plants, and production applications. They are recognized worldwide for quality, accuracy, and reliability. A broad line of syringe pumps are offered: from a simple one syringe infuse only, to a programmable multi-syringe infuse/withdrawal pump. KD Scientific operates as a separate business within Harvard Bioscience at their Holliston, Massachusetts facility. For complete information and specifications on the Centrifan™ PE, go to http://www.kdscientific. com/products/concentrators.asp

FEATURES: t Vacuum-Free: no bumping or splashing to risk sample purity and yield t Centrifugal Evaporation: sample securely pressed in spinning containers t Low Maintenance: no vacuum pump; no noise; simple unattended operation t Temperature: programmable ambient to 55°C t Off-Timer: programmable from minutes to hours t Green Solvent Recovery: captured gas recirculates in a closed system; toxic materials are contained t Flexible: concentrate samples or evaporate to complete dryness, or collect distillate t Compact: portable, minimal bench space t Low Cost

CONTACT: KD SCIENTIFIC 84 October Hill Road Holliston, Massachusetts 01746 Phone: 508-429-6809 Fax: 508-893-0160 E-mail: Centrifan@kdscientific.com Web: www.kdscientific.com

Summer 2013 THE FORENSIC EXAMINER®

THE FORENSIC EXAMINER速 Summer 2013

" ( %*(# )(+#' +## '%& ,*&* The American College of Forensic Examiners InstituteÂŽ (ACFEI) is an independent, scientific, and professional association representing forensic professionals worldwide. ACFEI is a multidisciplinary association that promotes and advances leading professionals and practitioners from the United States and other countries who are concerned about national and international forensic challenges through education and research programs, professional exchanges, and outreach.

Receive FREE continuing education credits by completing short courses online. Earn recognition as a Diplomate and Fellow for excellence and achievement in meeting ACFEIâ&#x20AC;&#x2122;s high standards and increase your visibility in the field of forensic science. Network with top forensic consulting professionals by attending ACFEIâ&#x20AC;&#x2122;s national conferences. Eligibility for Affinity benefits such as special rates on insurance premiums through Liberty Mutual Insurance, discounts on car rentals through Hertz and reward points when you shop online using AchieveLinks. Gain opportunity to be listed in the "Find a Forensic Specialist" section of our Web site, providing an additional source for referrals.

Prefix: Dr. Mr. Mrs. Ms. Miss Prof. Rev. Other: _________ First Name

Gender: Male Female

Last Name

Address Line 1

DOB

Address Line 2

City

State

Office Phone

Zip

Cell Phone

Home Phone

Fax

E-mail

Years of Experience

License Number/State

Degrees (highest first), Licenses, Certificationsâ&#x20AC;&#x201D;Please note, ACFEI will only list four designations.

Primary Specialty

Position/Alternate Title

Employer Name

Please print your name exactly as you would like it to appear on your certificate.

How did you hear about ACFEI (if referred by member, please list first and last names)? _________________________________ Insert any offer code from a letter and/or marketing piece: ___________________

1) Name

Position

Phone

Name

Position

Phone

'' & ! % '' Please select the credential(s) about which you would like to receive additional information: Certified Forensic Nurse, CFNÂŽ Certified Forensic Accountant, Cr.FA ÂŽ Certified Forensic Consultant, CFCÂŽ Certified Forensic PhysicianÂŽ, CFP Certified Medical InvestigatorÂŽ, CMI Certified Forensic Social Worker, CFSW ÂŽ Certified Master Forensic Social Worker, CMFSW Certified Criminal Investigator, CCIÂŽ

Page 1 of 2

Summer 2013 THE FORENSIC EXAMINERÂŽ

As an ACFEI member, you have the opportunity to be listed in our online referral service, Find a Forensic Specialist. Each listing is $35 per year. I agree to have my work phone and e-mail information made publicly available on the Web site. Please select the division(s) under which you would like to be listed. Accounting Admirality Behavioral Profiling Chaplaincy Chiropractic Computer Forensics Counseling Criminalistics

Crisis Intervention Cyber Security Defensive Tactics Dentistry Engineering Entertainment Industry Environmental, Health, and Safety Investigation

Forensic Anthropology Forensic Linguistics Forensic Optometry Gerontology Independent Med. Examiner Insurance Investigations Law Enforcement

Legal Medical Medical Examiner Military Nursing Pathology Pharmacology Polygraph

Private Investigations Psychiatry Psychology Questioned Documents Recorded Evidence Social Work Toxicology

# Become a member: Annual dues $165 (International addresses, add $25 for additional postage) .................................... _______ OR Become a Life Member: Never pay dues againâ&#x20AC;&#x201D;$2500 ........................................................................................................... _______ Divisions: $35 x _____ listings.................................................................................................................................................. (+)_______ Discount/Promotional Code: _________________ ................................................................................................................ ( - )_______ Payment must be received before the application is processed. You may choose the payment method that is most convenient (personal/company check or credit card). Payment plans are available for Life Membership. For the payment plan, a minimum of $250 down payment must be made, and the balance can be paid in monthly installments ($200 minimum) by check or automatically charged to your credit card. A life certificate will be issued upon full payment. Annual membership dues for the year are $165 for general members or $190 for credentialed members. There is a $75 administrative fee assessed for all canceled or rejected applications and a $20 NSF fee assessed for each returned check. Visa MasterCard

American Express

Discover

Check enclosed (payable to ACFEI)

Money order

ACFEI does not accept wire transfer payments.

Yes! Please sign me up for automatic dues renewal (only available if paying by credit card). Paid in full $_______ Life Membership Only: Please accept $________ (min. $250) as a down payment and charge $________ (min. $200) per month until balance is paid in full. Card Number: _______________________________________________________ Expiration: _______________________________ Signature____________________________________________________________ Date: ____________________________________

I certify that the information I have provided to American College of Forensic Examiners InstituteÂŽ(ACFEI) is true, correct, and complete. I am not providing misleading, false, or deceptive information. I understand that if I have provided misleading, false, or deceptive information, the association will pursue aggressive legal action. I may be asked to provide additional documentation. I understand that ACFEI reserves the right to verify any and all information that I provide. If I misrepresent my credentials, refuse to provide documentation at a later time if asked, or allow my membership with ACFEI to lapse, I understand and agree that my membership and/or certification status will be revoked and my membership terminated. If the documentation required for the credential or membership status for which I am applying is not received within 6 months from the date of application, I understand that no refund will be issued in the event of the cancelation or denial of my application. I agree that I will notify ACFEI in writing of any complaints, civil or criminal that is made against me. I agree to hold harmless and indemnify ACFEI and its officers, directors, employees, and agents for any misrepresentation of my credentials and for all claims, loss, judgment, or expense. ACFEI does not endorse, guarantee, or warrant the work or opinions of any individual members. Membership does not imply licensing or registration by the organization of a memberâ&#x20AC;&#x2122;s qualifications, abilities, or expertise. The objective of ACFEIâ&#x20AC;&#x2122;s publications and the activities that it sponsors are for informative and educational purposes. The views expressed by the authors, publishers, or presenters are their own views and do not necessarily reflect those of ACFEI. ACFEI does not assume any responsibility or liability for its members or subscribersâ&#x20AC;&#x2122; efforts to apply or use the information, suggestions, or recommendations made by the organization, publication resources, or activities.

YES

Have you ever been convicted of a felony? If yes, please explain on a separate sheet of paper. Have you ever been disciplined, or are you currently under investigation, by a legal or licensing board? If yes, please explain on a separate sheet of paper.

Signature

Date

$ %*(# )(+#' '$* ++$ '*#% +## '%& ,*&*

Page 2 of 2

THE FORENSIC EXAMINERÂŽ Summer 2013

ON SALE!

LOGO0212EX

ACFEI logo products*

Featured Item The Forensic Examiner T-Shirt This black Gildan-2000 tee is 100% preshrunk cotton with the Forensic Examiner logo screen-printed in color on the left chest and “The Forensic Examiner” with the thumb print logo screen-printed on the back. This shirt comes in men’s sizes S—3XL. Price: $24.00

Now Only $20 B.

CIRCULAR ACFEI PLAQUE $49

ACFEI GOLF SHIRT

ACFEI PATCH $5

(marine blue, sizes: men’s S to XXXL)

$48

ACFEI MEN’S OR WOMEN’S POLO

ACFEI MEN’S ACFEI WOMEN’S TACTICAL SHIRT DRESS SHIRT

(navy or tan, sizes: (blue or black, sizes: men’s S to XXXL; women’s— S to XXXL) navy only, S to XXL) $55

ACFEI POCKET BOUILLON $60*

ACFEI LUGGAGE TAG $5

*Special Order: requires 12-16 weeks for delivery

(blue, sizes: S to XXL)

$55

MEN’S CAMP SHIRT (dark navy, sizes: S to XXXL)

MEN’S ALL WEATHER JACKET

ACFEI MEN’S TSHIRT

ACFEI MEN’S FLEECE JACKET

(navy, sizes: S to XXXL)

(navy, sizes: M to XXL)

$60

$24

(lt. blue/gray, sizes: S to XXXL)

$55

ACFEI MEN’S DRESS SHIRT

$60

ACFEI LAPEL PIN $5

ACFEI JOTTER PAD $5

ACFEI PADFOLIO $20

ACFEI LABCOAT ACFEI TRACKSUIT

(gray, sizes: S to XXXL; XLT &XXLT)

(sizes: 32-50)

$40

(sizes: men’s S to XXXL; women’s S to XXL)

$99

$55

$48

*Limited supplies. Orders are based on availability.

Name

I.D. Number ITEM

Deliver To (Street Address Only)

SIZE

QTY

TOTAL

Address City/State/Zip Credit Card Number

Exp. Date

Signature PAYMENT METHOD (Please do not send cash.) U Check/Money Order U Mastercard/Visa U Am.Express U Discover (please make checks payable to ACFEI)

SHIPPING AND HANDLING COSTS: Lapel pin, jotterpad, or luggage tag only $5.00. 1 item (other than above) $12.00, 2 items $13.00, 3 items $14.00, 4 items $15.00, 5 items $16.00, 6 items $17.00, 7 items $18.00, 8 items $19.00, 9 items $20.00, add $1.75 for each additional item. Standard overnight add $30.00 to number of items cost. International shipping add $50.00 to number of items cost. Allow 4–6 weeks for delivery.

ORDER TODAY!

Sub-Total Shipping & Handling Rush Delivery Total

2013 THE FORENSIC EXAMINER 83 MAIL: 2750 E. Sunshine, Springfield, MO 65804 | PHONE: (800)Summer 423-9737 | FAX: (417) 881-4702 ®

AMERICAN COLLEGE OF FORENSIC EXAMINERS INSTITUTE速 2750 E. Sunshine Street Springfield, MO 65804 www.acfei.com 800.592.1399

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