Tag Archives: Crime

CAN YOU BEAT THE POLYGRAPH?

A1The polygraph, or lie detector, is a forensic investigative tool that’s used as an aid to verify the truthfulness of a person’s statements. Polygraph examinations— properly conducted by trained professionals on competent subjects with a clear issue— are remarkably accurate, but they’re not foolproof. Yes. They’ve been known to be beaten. The question is—can you?

Polygraph examination interpretation is not admissible as evidence in court. They’re not a replacement or shortcut for a proper investigation and a thorough interview of the subject. Statistics show that the majority of people who undergo polygraph examinations are found to be truthful. Perhaps the term Lie Detector should be replaced with Truth Verifier.

A3In my policing career, I’ve been involved in well over a hundred polygraph examinations, including getting hooked up myself for a test drive. (Turns out I’m a terrible liar—not sure how I’m gonna make out with this new career as a fiction writer.) The subjects I’d had polygraphed were a mixture of suspects, witnesses, complainants, and victims. I’d say that sixty percent of the subjects were truthful, thirty percent were lying, and ten percent were inconclusive.

It makes sense, when you think about it, that the majority are truthful because they know it will work to their advantage. I can’t think of the number of times I’ve had subjects refuse to take the test, giving excuses everywhere from “Those things are rigged to frame me” to “I heard you get testicle cancer from it”.

Before giving you some tips on how to pass a polygraph when you’re dead-ass lying, let’s look at what the thing is and how it works.

A2The word polygraph comes from the Greek word polugraphos which means “to sniff-out bullshit”. (Go ahead—call me a liar). Polygraphs have been around since the 1920s and have evolved from clunky paper-reel with ink-pen devices to modern laptops with automated scoring systems. Clinically, the process is known as psychophysiological detection of deception.

The instruments are a combination of medical devices that monitor a subject’s physiological responses to a set of questions designed to put the subject under the stress; the stress associated with deception. The involuntary bodily functions include heart rate, blood pressure, respiration, galvanic skin conduction, and perspiration.

A4Polygraphic theory dictates that a subject will show a spike in some, or all, of these functions when asked a question and forced to knowingly lie. In a criminal investigation, the examination questions are formed between the polygraphist and the subject during an extensive pre-test interview.

There are four categories of questions—all must be answered  “Yes” or “No”. Three categories are control questions and one is issue questions.

Category One is where the subject conclusively knows they’re truthful:

Q — Is your name Garry Rodgers?  “Yes”
Q — Are you a retired police officer?  “Yes”
Q — Did you make the Amazon Top Ten list? “Yes”

Category Two is asking the subject ambiguous questions:

Q — Is there life after death?  “Yes”
Q — Did the chicken come before the egg? “No”
Q — Are you going to make the Top Ten list again?  “Dude, let me tell ya…”

Category Three has the subject intentionally lie:

Q — Were you kidnapped by aliens?  “Yes”
Q — Did you ever ride a camel?  “No”
Q — Are you going to try make the Top Ten list again?  “No”

Category Four deals with the issues:

Q — Did you murder Jimmy Hoffa?  “No”
Q — Do you know who murdered Jimmy Hoffa?  “No”
Q — Did  murdering Jimmy Hoffa help you get on the Top Ten list?  “It’s not how it looks…”

A7Only “Yes” or “No” answers are acceptable during a polygraph examination because the issue has to be clear in the subject’s mind. Black and White. All clarification is worked-out in the pre-test interview. The subject is never surprised by the question, but the question order is completely unknown. This creates an atmosphere of anxiety as the subject waits to hear the questions that really matter.

The biggest concern that I’ve heard from people who are asked to submit to a polygraph is “What happens if I’m nervous?”

A8This is expected. Anyone, police officers included, would experience anxiety when being examined. Part of a polygraphist’s skill is to build a rapport with the subject and put them at relative ease before the questioning starts. One of the reasons in building this rapport is to get the subject to volunteer information that the investigation hasn’t uncovered. I’ve seen subjects give critical facts because the right questions weren’t asked during the investigation and I’ve seen subjects fall apart and confess before being strapped into the chair.

The key to successful polygraph examinations is the skill of the examiner. The polygraph is just a tool—an extension of the examiner’s mind and voice.

A6So — given there’s proven science and skill behind polygraphs — how can you beat one?

Like I said, given a professional examiner, a competent subject, and a clear issue, polygraph results are remarkably accurate. There’s always exceptions and here’s some tips on how to pass the graph.

  • Prepare well in advance.
  • Research and understand the process so you won’t feel oppressed. The examiner will take every advantage of your ignorance.
  • Know the issue(s) and know what the examiner is looking for.
  • Talk to someone who has experienced a test.
  • Approach the test as an extreme job interview. ‘Dress for the job’. Arrive on time. Sober. Rested. Do not reschedule. Make a good first impression.
  • Know that you’re going to be video recorded.
  • Understand the test starts right when you arrive and ends when you leave. It’s not just the time you’re hooked to the machine.
  • Be on guard. There will be trick questions in the pre-test. It’s part of the process.
  • Listen carefully to what the examiner says and respond accordingly. Do not try and monopolize the conversation.
  • The examiner is not your friend, despite how nice she comes across in the pre-test. Her job is to get to the truth. Remember—you’re dealing with a highly trained professional who knows psychology. If her exam shows you’re deceitful, she’ll go for your jugular in the post-test.
  • Recognize the relevant and irrelevant control questions. Focus on what’s relevant and do not offer more information than what’s pertinent to the issue.
  • Play dumb. Don’t try to impress the examiner that you’ve studied up. You’ll only look stupid.
  • Breathe normally. Shortness of breath naturally triggers the other body functions to accelerate and it will increase nervousness.
  • Take lots of time to answer.
  • Think of something mentally stressful when answering a control question—like the time when you were a kid and your dog was hit by the train. That will raise the ‘normal’ graph peaks.
  • Think of something calming when answering issue questions—like getting a new puppy. That will flatten stress peaks.
  • Keep your eyes open during the questions. The examiner will ask you to close them because this significantly alters your sensory awareness and puts you at a disadvantage. This is very important.
  • Bite your tongue during every question except the truthful control ones. This levels the playing field.

So, who’s got away with taking a lie detector?

A10I call her The Mother From Hell. I investigated a bizarre case of Munchausen Syndrome by Proxy—a rare form of child abuse where a parent causes harm to their child to bring attention to themselves. This woman repeatedly complained that her infant daughter was choking, then was caught by hospital staff with her hands on the girl’s neck. She denied it. We polygraphed her. She blew the needles off the machine and confessed. The Mother From Hell got off in court because they ruled her confession inadmissible due to it being elicited under oppression from the polygraph examination.

A12Gary Ridgway, The Green River Killer from Seattle, strangled over fifty women in the 1980’s. He was on police radar early in the serial killing investigation, ‘passed’ a polygraph, and got warehoused as a suspect. He went on to kill many more before being caught on DNA.

Can you beat the polygraph?

The best advice I can give is don’t take one.

THE REAL JACK THE RIPPER

AA11Who was the real Jack The Ripper? The man who terrorized London in the fall of 1888 by butchering at least five prostitutes is the world’s most famous serial killer who’s never been caught.  What did the original investigation tell us about him and what has modern forensics learned about his true identity? 

The name originates from a letter sent to police by someone claiming to be the murderer and it was signed ‘Jack The Ripper’. Like so much in the Ripper case, it’s difficult to sort fact from fiction as evidence has been lost over time and many ‘facts’ are actually opinions by writers from the past century.

AA12Jack The Ripper has remained in the public’s fascination thanks to the mass of publicity that the murders originally received in the press. It was at a time of immense social change and the public were becoming more literate. As well, technology had advanced and allowed the immediate flow of information to the world. Readers followed the case daily as the cat and mouse game between the police and the Ripper appeared to play out in the newspapers. The mysteries surrounding this killer add to the romance of the story and create an intellectual puzzle that people still want to solve.

Interestingly, the series of murders stopped as abruptly as they started. Over the years, hundreds of books have been written about the Ripper and dozens of suspects have been named. No one was ever charged, however strong accusations are now made as the result of applying modern forensic techniques to hundred year old evidence.

First let’s look at the crimes. 

AA5It’s not clear how many women Jack The Ripper killed. Five for sure. Probably six. And possibly up to eleven murders that occurred in the Whitechapel area of London over a several year period. The nexus (connection) to the core group, known as the Canonical Five, comes from the killer’s unique MO (modus operandi) and the proximity in area and time in which the bodies were found. The victims were:

  1. Mary Ann (Polly) Nichols – murdered 31 August 1888.

  2. Annie Chapman – murdered 08 September 1888.

  3. Elizabeth Stride – murdered 30 September 1888.

  4. Catherine Eddowes – murdered 30 September 1888.

  5. Mary Jane Kelly – murdered 09 November 1888.

AA10All of the victims were killed in the dark and in isolated locations. Pathology confirmed they were first strangled to unconsciousness, then finished off with lacerated throats. The degree of mutilation varied. One only had her throat slit (it may be that the killer was interrupted and scared off) while the others were extremely mutilated with organs removed. There was no evidence of recent sexual activity indicating, as with most serial killings, violence was the key element.

There’s been much speculation that the killer had advanced medical knowledge and used precision instruments in his work. This is not the case when analyzed objectively. The original autopsy reports are publically available, all confirming that the incisions and organ extractions could be done by anyone with reasonable strength using a large butcher knife in a rage.

There were an unconfirmed number of taunting letters received by the police and the press from different people, with different handwriting, claiming to be the killer.

AA13The first was on September 25th and was signed ‘Jack The Ripper’. None of the letters are believed to be from the killer and none contained what would be ‘hold-back’ information, known only to the police and the actual killer. It’s certain that most were from media people fueling newspaper sales and some came from quacks.

The investigation was principly handled by the City of London police with Scotland Yard assisting. Hundreds of leads were followed and forensic techniques of the day were applied, mostly sketches and photographs. This was long before DNA science and even proper fingerprinting, so there’s no actual evidence or signature available to identify the perpetrator. Unfortunately, most of the investigation files and physical exhibits were destroyed during the Blitz in World War Two.

Three men were primarily identified as suspects.

AA15M.J. Druitt was a troubled barrister turned teacher who committed suicide a month after the last murder. Aaron Kosminiski was a Polish Jew who was locked in an asylum shortly after the murders and died in 1919. Michael Ostrog was the third police suspect, but the evidence against him was non-existent except that he was a demented con-man.

Many conspiracy theories popped up over the decades blaming the Freemasons, Irish extremists trying to terrorize the British, occultists, and even the grandson of Queen Victoria, Prince Albert Victor. A visit to Wikipedia finds a list of twenty-eight documented suspects – some quite a stretch.  https://en.wikipedia.org/wiki/Jack_the_Ripper_suspects

In 1988 the FBI did a psychological profile on Jack The Ripper, describing him pretty much as a white male with mommy issues. It’s an interesting read and can be downloaded here:  https://vault.fbi.gov/Jack%20the%20Ripper/Jack%20the%20Ripper%20Part%201%20of%201/view

AA4Recently, two books were published that profess to conclusively solve the Ripper mystery. One was by famed crime novelist Patricia Cornwell titled Portrait of a Killer – Jack The Ripper – Cased Closed. She identifies a tormented artist named Walter Sickert who undoubtedly penned a few of the Ripper letters and she makes a case at forensically proving his authorship. But she comes a long way from providing any link to his hands-on being the Killer and I’m surprised she stuck her neck out, given her prominence as a crime writer.

The second book is titled Naming Jack The Ripper. It’s by Russell Edwards who claims that he privately funded a research project which identified DNA linked to Aaron Kosiminski on a shawl associated to victim Catherine Eddowes. This molecular identification is seriously questioned by DNA experts, including the discoverer of the technique, Sir Francis Crick.

AA3And at this writing, August 2015, another forensic venture is underway in an attempt to solve the Ripper mystery. Dr. Wynne Weston-Davies claims in his new book The Real Mary Kelly that Jack The Ripper was actually Kelly’s husband who staged the first four murders in a set-up to hide his fiendish plan to kill his prostitute wife, making it look like a serial killer was at work. Weston-Davies has applied to the British Ministry of Justice for an exhumation order to dig up Mary Kelly for a DNA sample to support his belief that he’s Mary Kelly’s great, great nephew. How all that ties together, I’m not sure.

So who, really, was Jack The Ripper?

He remains a bogey-man from the shadows and it’s unlikely we’ll ever know his identity.

GOING BEHIND THE OUTLAW MOTORCYCLE GANG SCENE WITH KERRIE DROBAN

AA6Kerrie Droban is an award-winning author and criminal defense attorney in Arizona. Kerrie has written many books like Running With The Devil – the true story of the US Bureau of Alcohol, Tobacco & Firearms takedown of the Arizona Hells Angels – and Vagos, Mongols, and Outlaws – the true story of Charles Falco’s infiltration of three deadly biker clubs. Here, Kerrie shares her fascinating expertise into understanding the mindset of organized criminal bikers in the outlaw motorcycle gang (OMG) scene.

Kerrie, what’s the most surprising thing you learned about OMGs?

AA7The allure of biker gangs is not the so-called “freedom” the lifestyle promises, not the illusion of disorder and reckless abandon it glamorizes, but an outlet for the bloodshed it offers. And it doesn’t matter to OMGs who they kill, only that they leave behind plenty dead.

They meet, habitually, in public to discuss battle plans, share intelligence on rival members, regroup, report, and plan surveillance. Their sole reason for belonging, prospecting, and earning their coveted “Patch” is so that they can kill with purpose.

Many members are largely comprised of active and ex-military personnel and work a “day job” among us as pilots, stock brokers, car salesman etc…

Charles FalcoHe lived a double life. What compels a guy like him to infiltrate three gangs and abandon the safety of the witness protection program?

It is a strange truism that it’s difficult to live “invisible.”

AA8After infiltrating the Vagos, Charles Falco was placed in the Witness Protection Program but, without an identity and stripped of even a driver’s license and social security number, he could not stand the isolation. He had purpose and direction and a sense of doing good in the world when he infiltrated the Vagos; ‘protected” he became a “persona non grata” and essentially ceased to exist. That was his “reward” for his sacrifice and bravery.

AA9Many who work undercover experience the same kind of loneliness. They find it difficult to obtain meaningful employment, sustain relationships (because the spouse or significant other necessarily has to live in isolation with them) and often cannot discuss their past achievements. They return to the life they know – a life that has substance.

Charles volunteered to infiltrate two additional biker gangs – the Mongols and the Outlaws and, by so doing, became the single most successful private contractor in the world and the only one to have his investigations result in RICO convictions.

What about Vagos, Mongols, and Outlaws? You said you enjoyed writing this book the most?

AA5Charles Falco has a wonderful sense of humor and I thoroughly enjoyed working with him. Surprisingly, some of the funniest scenes to write involved his stint in San Bernardino’s Murder Unit.

The jail had its own ridiculous hierarchy. Inmates were separated by race and had specific roles and rules and in many ways was more restrictive than the outside world. Charles deftly navigated this internal place even rising to the rank of “Key Holder” (King of the Killers). He had a “want to be” serial killer for a cellie who, though completely crazy and brutal, offered some of the most engaging and humorous dialogue of the book.

You’re a woman investigating and writing about a fringe male culture – outlaw gangs who despise women as part of their criminal culture. What’s that like?

AA10It isn’t really about being male or female. It’s about being a good listener. I was once asked an interesting question at a seminar, “How do you, as a woman, get inside the head of a biker? How do you feel what they feel and describe it in such vivid detail that it’s as if you are that person and have witnessed their lives?” I have a unique ability to get inside people’s heads and feel what they feel and in so doing, bring the reader into their experience. If you tell a good story, people – even bikers – want to talk to you. They want you to be their voice.

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AA3Kerrie M. Droban is an award winning author and criminal defense attorney in Phoenix, Arizona. A graduate of The Johns Hopkins University Writing Seminars and the University of Arizona, Kerrie studied playwriting with Edward Albee and poetry with Peter Sacks, Carolyn Kizer, and Joy Harjo.

Her collection of poems entitled, The Language of Butchers, earned numerous awards including the Academy of American Poets Award, the New Letters International Poetry Award, the Poet Lore Award and the Amelia Encore Award.

AA4Additionally, Droban’s true crime Running with Devil: The True Story of the ATF’s Infiltration of the Hells Angels and Prodigal Father Pagan Son: Growing Up Inside the Dangerous World of the Pagans Motorcycle Gang has received critical acclaim and earned the 2008 and 2011 USA News National Book Award for Best True Crime and Best Autobiography.

Kerrie has appeared on national television in A & E’s Gangland: Behind Enemy Lines and numerous local television and radio shows as an emerging expert on motorcycle gangs and the pathology of the criminal mind.

Visit Kerrie Droban’s website : http://kerriedroban.com/

Follow Kerrie on Twitter : https://twitter.com/kerriedroban  @KerrieDroban