Tag Archives: Evidence

BREAKTHROUGHS IN FORENSIC TECHNOLOGY

Technology has made huge breakthroughs over the past thirty-five years that I’ve been around criminal and forensic investigation (CSI). Without question, the next thirty-five are going to bring mind-blowing advances. I’ve looked into my forensic crystal ball to come up with five things I think will be real by 2050.

But first… let’s look at the top five since 1980.

1. Computers

When I started policing, the PC was unheard of.

The only computing system we had was a mammoth of a beast that filled-up many rooms at headquarters. CPIC, or the Canadian Police Information System, was in its infancy as was its American counterpart, NCIC or National Criminal Intelligence Center. Both systems are still around but, instead of having to phone to book appointments to use the system, the information now comes straight to the patrol cars or to a detective’s smart device.

Computers have affected every facet of forensic investigation.

Despite complex computerized analysis being fast and accurate, the routine is much easier. Report writing is far simpler – no more carbon paper to make multiple copies, no more white-out, and thank God for spell-check. Communications are instant with internet email and gone are the days of waiting for a report to show up in snail mail. Training is done through computerized simulation, sketching is replaced by computer-aided drawing, and administration is now done by the keyboard. Computers are what allowed the next four advances to occur.

2. AFIS – Automated Fingerprint Identification System

The science of fingerprinting has been around nearly one hundred and fifty years, but the mechanism of storage and matching prints was cumbersome. Known prints from criminals used to be rolled in ink and stored on paper and the latent prints from crime scenes were lifted in powder were stored in plastic sheets. There was no effective system to easily match the two. Today, suspect prints are digitally scanned and stored in data bases. Latent prints are still lifted in conventional manners, but they’re then scanned and put into a search engine where they can be matched right from the crime scene.

3. Photography

Today’s digital photography is a tremendous time-saver compared to the days of negative and image development. It’s instantaneous to share over the internet, even allowing an investigator to snap a digital photo in the field and email it to the other side of the world. Another facet of crime fighting is the incredible amount of mobile and stationary cameras that are out and about in society which capture movements of criminals before, during, and after events. Many crooks have gone down because they failed to realize they were on camera.

4. Education

Today’s forensic investigators are far better educated than in the 1980’s. Much of that is due to the ease of which information can be shared. Where it used to take great blocks of time and huge resources to assemble courses and conferences, many agencies now use webinars and on-line presence to create ‘virtual’ classrooms. Education and sharing information are the jewels in crime-fighting.

5. DNA

Deoxyribonucleic acid or genetic fingerprinting is probably the best crime-fighting tool ever developed. Today, thanks to the computer, the sophistication and expediency of DNA testing has led to it being commonly – and accurately – used in the majority of serious crime investigations. Many convictions have been secured on DNA evidence alone. Conversely, many innocent people have been cleared of suspicion due to elimination by DNA typing.

So that’s what happened over the past third century. Ever wonder what’s going to happen over the next third?

Well, I’m gazing into the crystal ball and predict five things.

1. Holograms

3-D technology is commonplace in movies and on TV. Many criminal prosecutions are already presented through computer-aided reconstruction to lay out the scene, bullet paths, vehicle motions, and blood-spatter patterns.

I see a day when virtual-reality holograms are imaged in the middle of the courtroom so the jurors can watch a total recreation of how the crime went down.

2. Brain-Scan Polygraphs

Conventional polygraphs have only slightly evolved in three decades and that was by the replacement of the old ink-needle charts with laptop technology. The basics of polygraphy still depends on the ability of a skilled operator to formulate key questions and then interpret the subject’s involuntary body reactions – pulse, respiration, blood pressure, galvanic skin responses, and perspiration.

I see a day when brain mapping and analysis of how a subject responds under electroencephalography (EEG) and function magnetic resonance imaging (fMRI) will replace the current polygraph. The technology is already here and research is underway towards its forensic application.

2. Laser Devices

I think lasers have phenomenal potential in forensics. Currently, laser lighting is used to amplify fingerprint and tool marking evidence. It’s also used in ballistic matching where the old electron-scanning comparison microscopes are being replaced by laser/laptop examiners like the Bullettrax 3D which makes the peaks and valleys of a ballistic engraving show up like satellite ground mapping radar images.

I see a day when forensic investigators will map out a crime scene with hand-held laser devices to perfectly record information which will be transformed into hologram reproductions.

4. Ion-Sniffers

Detection of ions through gas chromatography mass spectrometers has been around fifty plus years and is still used daily in crime labs. What’s missing are portable devices to assist in field searches of buildings, vehicles, boats, planes, and the great outdoors. Often investigators know exactly what they’re looking for – a firearm, explosives, contraband, or even a dead body – but the parameters of the search area turn it into the needle-in-a-haystack scenario.

I see a day when the ionic signature of the article(s) being searched for are dialled into the device and it zooms right into the location.

5. Satellite Tracking of Dangerous Criminals

Over the past few decades we’ve got a better handle on controlling violent and prolific offenders through DNA profile banks and ankle bracelets of parolees. We’ve also had tremendous advances in satellite technology where smart-bombs are delivered down terrorist’s chimneys and GPS aps tell you exactly where you are on the planet. We have microchips in everything from our bank cards to our pet Schnauzers and there are more cell phones in Africa than people. What we don’t know is where the dangerous .001 percent of the population are and have been.

I see a day that we’ll ditch these guy’s rights. We need to protect the 99.999 percent of the population that’s at risk. Common sense will prevail and there’ll be court orders mandating satellite tracking chips being surgically implanted into dangerous offenders.

I’ll check back with you in 2050. It’ll be interesting to see what I’ve missed.

THE MISSING BULLET IN THE JFK ASSASSINATION

There are only three significant questions left unanswered in the assassination of United States President John F. Kennedy which occurred in Dallas, Texas, on November 22^nd, 1963.

First is Lee Harvey Oswald’s motive.

Why’d he do it? We’ll never know for sure because Oswald never confessed and he died two days later, taking that secret to his grave.

Second – where was Oswald going after the assassination?

He left the scene, went home, grabbed his revolver, and was walking south on a Dallas street when intercepted by Officer JD Tippit. Oswald shot Tippit and continued fleeing before getting cornered in a theatre where he attempted to shoot the arresting officers. Clearly he was planning to live another day.

The third question – what happened to the missing bullet?

This can now be reasonably explained, although it’s taken a half century to figure it out.

Evidence clearly shows that Lee Harvey Oswald fired three shots from his 6.5 mm Mannlicher-Carcano rifle which was recovered from the sixth floor of the Texas School Book Depository. Conspiracy theorists – give it a rest. Oswald was the trigger man and he acted alone. Not one single piece of evidence exists to refute this because non-events leave no evidence. It never happened any other way than Oswald acting alone.

The problem with the three shot evidence is that only two bullets were recovered. One has never been accounted for.

So what happened to it?

Let’s look at the firearms evidence in the JFK homicide case.

First of all, you have to weigh the ear-witness reports. The vast majority of witnesses stated that three gunshots were heard. Some claimed that one, two, and as many as nine shots were heard, but you’re going to get that variation with the hundreds of people that were present in Dealey Plaza when Kennedy was shot.

You’ve got to give credibility to the witnesses who were closest to the muzzle. There were three Texas School Book Depository workers directly below the sixth floor, southeast window (sniper’s nest) where Oswald fired from. They were unshakable and unanimous that three shots rang out.

Their testimony is corroborated (backed-up) by the fact that three expended shell casings were found in the snipers nest. These three casings were forensically matched as being fired from Oswald’s Carcano ‘to the exclusion of all other firearms’ as the categorical term goes.

What’s clearly telling is the location in which these casings were found and photographed. In all my reading and research, I can’t find any official comment on the meaning of the casing pattern, although it’s obvious when you simply think about it. Two casings are grouped together, and the third is by itself about five feet from where Oswald pulled his trigger.

To further understand the significance, you have to know that Oswald piled a small fortress of book boxes around the sniper’s nest to conceal himself, creating a cardboard wall. When he ejected the casings from his bolt action rifle, they flew through the air at a 90 degree angle from the barrel and struck the wall of boxes to Oswald’s right, then ricocheted to rest on the floor.

Hmmm… two were together and one was off by itself. It’s obvious that Oswald’s barrel position changed between the lone cartridge and the group of two.

So how does this explain the missing bullet?

Let’s look at the two shots that were accounted for.

The first bullet that hit Kennedy, known in assassination terminology as The Single Bullet Theory, got him through the back of the shoulder/ base of the neck, exited his throat, then entered Texas Governor John Connally’s back. In a rapidly diminishing velocity, it traversed Connally’s chest, blew out below his right nipple, continued on to smash his wrist, and lodge in Connally’s thigh. It remained intact, as full metal jacket bullets are designed to do when they penetrate soft mediums like cloth and flesh, and was recovered on Connally’s stretcher at Parkland Hospital. This bullet is also known as The Magic Bullet.

The second bullet that hit Kennedy blasted his head apart. It fragmented into multiple pieces, as full metal jackets are designed to do when they hit a hard medium like bone at a high velocity. Less than fifty percent of this round was recovered. By the way, both of these bullets were ballistically linked to being fired from Oswald’s Carcano ‘to the exclusion of all other firearms’.

These two shots were recorded on the famous Zapruder film which shows them occurring 4.88 seconds apart with both trajectories in the same line to the sniper’s nest window.

Ergo. The two tightly grouped casings came from these two shots because the angle of ejection, ricochet, and rest pattern are similar.

So why was the third casing so far apart?

Simple. It was fired from a different angle.

Let’s think this thing out, then look at some more physical and witness evidence.

If you were Oswald, intent on shooting the President, would you expose yourself to the eyes-front approach of the motorcade as it approached you from the south on Houston St.? (Remember, Oswald was unstable, but he was calculating.) An approaching target, when you’re in a vertical vantage point, is a tough target to hit (Remember, I was a sniper so I know what I’m talking about). It’s common sense that he’d wait until JFK’s limo rounded the corner onto Elm St. and was nearly stopped right in front of him. That’s the most logical time to squeeze-off a shot.

But the two shots that killed JFK happened when the limo was far west of the sniper’s nest and vanishing from Oswald’s sight picture.

So why didn’t he fire when he had the closest opportunity?

Well, he probably did.

The angle of ejection for the lone casing is entirely consistent with Oswald firing it at the first logical opportunity which was when the limo was closest to him and the security eyes were facing away.

So how did he miss?

Simple again. As Oswald was following Kennedy in his cross-hairs, a traffic light came into play. Oswald squeezed off the first round, but it hit the metal housing on the light and fragmented.

This accounts for other evidence like where James Tague, a bystander five hundred and twenty feet to the west, was hit in the cheek by a piece of concrete curb that was sent flying by a lead fragment and where Virgie Rachley stated to have seen sparks fly from the pavement behind the limo when the first of three shots were fired. The simplest explanation is that these fragments were from the first, and missing, bullet.

Evidence of the strike exists in blowup photos from a Secret Service re-enactment in 1964 where you can see a defect in the traffic light housing. Unfortunately the light was replaced years ago and was never examined.

So, like Occam’s Razor states, the simplest explanation is usually the correct explanation.

To me, it’s obvious that the missing JFK bullet has a simple explanation.

FORENSIC HYPNOSIS FOR MEMORY ENHANCEMENT

Forensic hypnosis is the use of hypnotherapy in the field of law enforcement. It’s often used to help witnesses recall details of events and descriptions of suspects that can’t be extracted through conventional interviewing techniques.

In my police career, I’ve been involved in a number of cases where we used hypnotic memory enhancement. Several had amazing success.

I’ve always been fascinated with how the human mind works. I think that modern medicine and psychiatry are just beginning to understand the complexity of how consciousness works. Hypnosis is a tool to assist in entering a person’s subconscious and unlocking the vault where memory is stored. Its ‘magic’ is the ability to alter the subject’s state of consciousness which is what Shamanism is all about. But that’s for another discussion.

The best hypnotherapist I’ve had the pleasure to work with is Dr. Lee Pulos of Vancouver, BC, Canada. Here’s how he explains it.

Doctor Lee Pulos

“Hypnosis is a natural state of consciousness that we drift in and out of quite regularly. For example, while driving along a highway and then suddenly discovering that you ‘lost’ several miles without being aware of it. This can also happen during reading when you may notice that you have ‘read’ a chapter or two without being mindful of the content. Hypnosis is basically a technique for focusing consciousness by entering a deep state of absorption. It allows you to shift from your outer to inner awareness and tap deeper levels of consciousness, so that we can re-educate and reprogram the subconscious with empowering suggestions or beliefs.”

The word “hypnosis” comes from the name of a Greek god Hypnos, who presided over sleep. In the late1700s, Anton Mesmer brought the technique into popular consciousness in Europe and in 1843 Scottish physician James Braid coined the term, “hypnotism,” for the experience that was passing in many circles as “animal magnetism.”

Hypnosis places a person in a trance state that can resemble sleep, but is instead an altered state of consciousness more akin to a lucid dream. Often people in a trance are quite alert, but focused in a way that differs from their normal conscious state. Contrary to popular notions, subjects in a light trance may be aware of everything that is going on.

I’ve seen a rough and tough biker-witness under hypnosis who was instructed to play ‘patty-cake’ by clapping his hands on his knees. He couldn’t stop laughing at the fact that he couldn’t control his hands, though he seemed perfectly conscious in a way that ought to have enabled him to resist the instruction. His hands changed to patting his head and stomach at the hypnotist’s instruction. They looked at each other the whole time and even had a conversation with his hands patting about.

The trance-state, which has its own ebb and flow, is the result of a trusting and cooperative process between the subject and the hypnotist. It’s not one person controlling another and there’s no way the hypnotist can make the subject do something they would not do while they’re in a normal state, such as an illegal or immoral act.

“Hypnosis,” says Kevin McConkey, President of the Australian Psychological Society and co-author of Hypnosis, Memory, and Behavior in Criminal Investigation, “is essentially a phenomenon that reflects genuinely experienced alterations of reality in response to suggestions administered by a hypnotist.” The subject’s testimony is what confirms the trance, although susceptibility varies among individuals. Those who are highly suggestive will behave as if going through truly significant cognitive alterations.

Hypnosis involves concentration that is heightened to the point where one can recall details that seemed to elude that same person in a conscious state. That’s why it appears to be a powerful forensic tool for criminal investigation, although some researchers challenge the notion that hypnosis leads to significant increases in memory.

There are two basic purposes for using forensic hypnosis. The most common is to induce relaxation when anxiety and stress may be obstructing a witness’ ability to recall as much information as possible. The second use occurs when retrieval of information from witnesses cannot be acquired through any other means.

The very first court case to involve forensic hypnosis was Cornell v. Superior Court of San Diego in 1959. Although forensic hypnosis is mostly used by prosecutors, in this particular court case, it was the defense that used hypnosis as an aid in preparing its strategy. Since then, many famous cases have used hypnosis as an aid, including the Boston Strangler, Ted Bundy, and Sam Sheperd.

Currently no overriding judgment has yet been handed down regarding admissibility of evidence achieved through forensic hypnosis and the use of such evidence varies from one jurisdiction to the next. Adding to the reliability problem is that solid evidence can be devalued as a result of unprofessional circumstances surrounding the obtaining of evidence through hypnosis.

I remember one judge rejecting evidence from a witness who had been subject to hypnotic recall stating “There’s nothing more unreliable than an eyewitness, never mind one who is tainted by hocus-pocus.” One the other hand, I recall another judge who was fascinated by the process and readily accepted the witness evidence, particularly because the information obtained under hypnosis was corroborated by other facts. As in all types of evidence, the key is reliability.

In order to ensure that solid forensic hypnosis used in the investigation of a crime is not devalued, it’s become standard and vital operating procedure that all hypnosis sessions are recorded on video and audio and that the session is witnessed by independent observers. In addition, to further strengthen the case, the hypnosis must be performed by a trained forensic hypnotist.

Before a forensic hypnotist is allowed to begin a session, one very important condition must be met. The subject must be assured that during the hypnotic session no attempt shall be made to elicit any information that is not directly relevant to the investigation. In addition, the forensic hypnotist must also assure the subject that no information retrieved will lead to self-incrimination.

Critics of forensic hypnotism center their attacks on the accuracy and reliability of the evidence that’s obtained. The concern is that suggestion(s) implanted during hypnotism may create false memories through the use of leading questions.

One thing that a forensic hypnotist cannot do, and is never called to do, is to help a suspect confess to a crime. Not only is this impossible, but any confession arrived at through hypnosis would never be admissible in court.

Here’s a true case that I investigated where forensic hypnosis for memory enhancement led to a break-through in solving the crime. It was conducted by Dr. Lee Pulos.

In April, 1986, a lady was alone in her cabin on a remote gold claim in northern British Columbia. A masked man with a hand gun appeared at her door demanding that she hand over her gold stash. She refused so he proceeded to blindfold and hog-tie her, then began torturing her by burning her hands and ribs with a red-hot knife heated on her wood stove.

Now this lady was one tough old bird, as you’d expect a gold miner to be. She later stated that she’d worked so hard to build her gold stash that she’d ‘rather die than turn it over to this asshole.’ Realizing that his interrogation technique was going nowhere, the bad guy quit in frustration, set the cabin on fire with her still tied and blindfolded, and left her to die. She was able to wiggle over and boot the door, then crawled outside where she laid in excruciating pain on the snow in sub-zero temperature until her husband returned from town and found her.

Because this was such a horrific crime, the Mounties pulled out all stops. We flew her to Vancouver to undergo hypnosis with Lee Pulos. He was able to extract two things that led to solving the case. One was that she recalled that the bad guy was using a two-way radio or ‘communicator’ as she called it. The second was that he kept using the term for the gold stash as being ‘squirreled away’.

Now being positive that an accomplice was involved, we focused the investigation on a neighbor who’d been involved with a gold-claim boundary dispute. We identified the suspect as a Hells Angels connection who’d been hired by the neighbour so we ran a wiretap which caught him using the term ‘squirreled away’. This led to an elaborate sting being set-up that resulted in his confession to an undercover agent. He was convicted and got twenty years.

Like I said, I’ve always been fascinated with how the human mind works. One thing I’m positive about – there’s way more to consciousness than modern medicine and psychiatry know – except for the Shamans. But that’s for another discussion.